Ageing and Disability Commissioner Act 2019

The joint committee must take evidence in private if—

the evidence relates to a secret or confidential matter, and

the witness giving the evidence requests that it be taken in private.

The joint committee must direct that a document be treated as confidential if—

the document relates to a secret or confidential matter, and

the person producing the document requests that it be treated as confidential.

For this clause, when the joint committee directs that a document be treated as confidential—

the contents of the document are taken to be evidence—

given by the person producing the document, and

taken by the joint committee in private, and

the person producing the document is taken to be a witness.

If, at the request of a witness, evidence is taken by the joint committee in private—

the joint committee must not, without the written consent of the witness, disclose the evidence, and

a member of the joint committee or another person must not, without the written consent of the witness and the authority of the joint committee under subclause (6), disclose the evidence.

If evidence is taken by the joint committee in private other than at the request of a witness, a member of the joint committee or another person must not, without the authority of the joint committee under subclause (6), disclose the evidence.

Subject to subclause (4), the joint committee may disclose or, with the written permission of the chairperson, authorise the disclosure of evidence taken in private by the joint committee.

Nothing in this clause prohibits—

the disclosure of evidence that has already been lawfully published, or

the disclosure by a person of a matter of which the person has become aware other than because of the giving of evidence before the joint committee.

This clause has effect despite the Parliamentary Papers (Supplementary Provisions) Act 1975, section 4.

If evidence taken by the joint committee in private is disclosed in accordance with this clause, the Parliamentary Papers (Supplementary Provisions) Act 1975, sections 5 and 6 apply in relation to the disclosure as if it were a publication of the evidence under the authority of that Act, section 4.

A document produced to the joint committee in proceedings conducted in private is a public document for the purposes of the Defamation Act 2005, section 28 if the document is disclosed in accordance with this clause.

Proceedings of the joint committee conducted in private are proceedings of public concern for the purposes of the Defamation Act 2005, section 29 if the proceedings relate to the taking of evidence that is disclosed in accordance with this clause.

In this clause—