Defence and Veterans’ Service Commissioner Act 2026

If a witness gives evidence at a private hearing because of subsection 42(1), the Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:

consult any law enforcement, security or oversight body to which the evidence relates and consider any information received from the body following the consultation; and

consider any potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004); and

consider the safety and security of any person.

If a witness gives evidence at a private hearing because of subsection 42(2), the Commissioner must, before disclosing or using any evidence that witness has given at, or in relation to, the private hearing:

consult any Australian intelligence entity to which the evidence relates; and

consider any information received from the entity following the consultation.

If a witness gives evidence at a private hearing because of subsection 42(1), (2), (3) or (4), the Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:

consider consulting the witness, and any other person whose interests are affected by the evidence; and

consider any potential risk of prejudice to a person if the person is not consulted before using or disclosing information given at, or in relation to, a private hearing; and

consider any preference the witness communicates (whether before, during or after a private hearing) to the Commissioner in relation to consultation.