Key privacy reforms that the chair of the disability royal commission believes , more than two years since the inquiry began.
The amendments to the Royal Commissions Act, first promised by the government in October, would address a loophole that allows the identity of witnesses to be released following the conclusion of the inquiry.
But more than 16 months since the changes were first requested by Chair Ronald Sackville, the bill - - still hasn't been debated in parliament, despite concerns important evidence is being missed from whistleblowers who fear their identity could be revealed.
In a letter to the government dated 11 March, , Mr Sackville said: “The intent of this legislation is to encourage people with disability who have not felt safe enough to engage with the royal commission to do so.
“The legislation, when passed, can be expected to generate large volumes of fresh submissions and other information to inform the Commission’s work,” it continued.
The inquiry was originally scheduled to end in April 2022, but has since been extended until September the following year. As of Thursday, it had received more than 2,500 submissions and completed almost 400 private sessions.
“For many of us in the disability community, our royal commission hasn’t begun yet because we haven’t been able to tell our story,” said Greens Senator Jordon Steele-John, who long campaigned for a commission into the experiences of people with disability in Australia.
“We’ve sat in fear, and anxiety, and waiting for our government to do the basics, to say: ‘it is indeed safe now to tell your story'. They’ve failed to do that for two years.”
The government first introduced the privacy amendments into the Senate in March, after vowing the legislation would ensure the inquiry was truly reflective of people’s experiences.
Greens Senator Jordon Steele-John. Source: AAP
But Senator Steele-John said the draft legislation did not go far enough, leaving people who wish to give anonymous evidence about systemic abuses vulnerable.
Currently, the draft bill covers information given by someone about themselves or another person’s experience of violence, abuse, neglect or exploitation, which identifies the subject of the evidence.
The Greens say this would leave out anyone giving evidence about wider issues in the sector and have suggested amendments to the proposed bill.
“It would mean nothing for me,” said a former senior member of the disability sector, who spoke to SBS News on the condition of anonymity, of the proposed changes.
Nicky*, who worked for decades in the disability sector, said they feel they have important evidence about systemic issues around abuse and its reporting, but believe the incoming changes can not guarantee their identity will be protected.
“I’ve not just seen the individual cases and dealt with the complexities of unravelling them, but I have also had the opportunity to look at the scope or spread of that across the broader sector and the gaps of understanding and knowledge,” they said.
“What is the point in having a Royal Commission if it’s only going to be asking certain people … the whole thing is such a disappointing waste of time and energy.”
SBS News understands the government is considering the issues raised by Senator Steele-John and is expected to act on them shortly.
In October, Senator Steele-John introduced his own private senator’s bill to increase privacy protections at the commission, which passed the Senate last month before it was blocked in the House of Representatives.
A disability royal commission spokesperson said they had heard ongoing concerns from the disability sector around the need for greater privacy protections “since the early days of the commission”.
Amending the act “will reassure some people with disability, who may previously have been reluctant to share their story, that there are now further protections in place and encourage them to interact with the Royal Commission,” they said.
In the meantime, they reassured people who wished to make a submission to the inquiry that their information “will be treated as confidential until at least the end of the Royal Commission”.
In a statement to SBS News, a spokesperson for the Attorney-General said the government has always maintained the legislation will be in place by the end of the commission “when it is required”.
They said the proposed changes were in addition to other ways the inquiry can already protect people’s information, including private sessions, private hearings, the use of pseudonyms, and non-publication orders. The commission is exempt from providing information under Freedom of Information (FOI) laws.
But concerns remain that without the amendment, organisations - who may be responsible for the care of people with disability - may seek to obtain submissions through FOI application once the records are transferred to the Attorney-General’s Department following the conclusion of the inquiry.
The commission also encouraged people who want their story to remain confidential to apply for a private session “while we wait for this amendment”.
Information provided in private sessions is protected from disclosure by law, during and after the inquiry has ended except in very specific circumstances.
Disability advocates, including peak body People With Disability Australia, have previously said the amendments should have been implemented before the commission commenced, while Labor has written to the Attorney-General calling for the changes to be prioritised.
Last week, SBS News revealed the government had initially rejected the Commission’s urgent request for a 17-month extension to the inquiry, despite concerns it would not be able to complete its work during the allotted time, before backflipping on the decision a month later.
*Name has been changed.
A free national legal service has been established to assist people to share their story with the commission. The service, called , is independent of the inquiry and funded by Legal Aid.
People with disability who are impacted by violence, abuse, neglect or exploitation are also able to contact the on 1800 421 468 for counselling support or to be connected to a counsellor or advocate near you. Support is free, independent and confidential.
