110XRole of the Chair

110X  Role of the Chair  (1) The Chair is the executive officer of the Tribunal and is responsible for its overall operation and administration.  (2) The Chair may, in writing, delegate all or any of his or her functions or powers to another Tribunal member.  (3) In performing functions or exercising powers under a delegation, the delegate must comply with any directions of the Chair. Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901. 110XA  Constitution of Tribunal for Tribunal proceedings How the Tribunal is to be constituted  (1) Subject to this section, for a particular Tribunal proceeding, the Tribunal is to be constituted by one or more Tribunal members determined by the Chair.  (2) If the Tribunal proceeding is an inquiry, the Tribunal must be constituted by 3 or more Tribunal members.  (3) The Chair must also comply with any requirements of the procedural rules relating to the constitution of the Tribunal for Tribunal proceedings. What happens if the Tribunal is constituted by more than one Tribunal member  (4) If the Tribunal is constituted by more than one Tribunal member, the following provisions have effect:  (a) the presiding Tribunal member is:  (i) if the Chair is a member of the Tribunal as so constituted—the Chair; or  (ii) otherwise—the Tribunal member who is directed by the Chair to preside;  (b) a decision of the majority of the Tribunal members who constitute the Tribunal prevails;  (c) if there is no majority, the decision of the presiding Tribunal member prevails. Formal requirements for determinations and directions  (5) A determination or direction by the Chair under this section must be in writing.  (6) A determination or direction by the Chair under this section is not a legislative instrument. 110XB  What happens if a Tribunal member stops being available When this section applies  (a) a Tribunal member (the unavailable member) constitutes, or is one of the Tribunal members who constitute, the Tribunal for the purpose of a Tribunal proceeding; and  (b) before the proceeding is completed:  (i) the Tribunal member stops being a Tribunal member for any reason; or  (ii) the Tribunal member is not available for the purpose of the proceeding for any reason; or  (iii) the Tribunal member is prohibited by section 110XG from continuing to take part in the proceeding; or  (iv) the Tribunal member is directed by the Chair not to continue to take part in the proceeding. Chair to direct course of action  (2) The Chair must either:  (a) direct that the Tribunal proceeding be started afresh; or  (b) direct that the Tribunal proceeding be completed. If Chair directs that proceeding be started afresh  (3) If the Chair directs that the Tribunal proceeding be started afresh:  (a) the Chair must, in accordance with section 110XA, determine the Tribunal member or members who are to constitute the Tribunal for that purpose; and  (b) subject to paragraph (c) of this subsection, the Tribunal, as so constituted, must start to deal with the proceeding afresh; and  (c) the Tribunal, as so constituted, may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence given or submissions made). If Chair directs that proceeding be completed  (4) If the Chair directs that the Tribunal proceeding be completed:  (a) if the unavailable member constituted the Tribunal—the Chair must direct another Tribunal member or Tribunal members to constitute the Tribunal for the purpose of completing the proceeding; or  (b) if the unavailable member is one of the Tribunal members who constituted the Tribunal—the Chair must:  (i) direct the remaining Tribunal member or Tribunal members to constitute the Tribunal for the purpose of completing the Tribunal proceeding; or  (ii) direct a Tribunal member or Tribunal members to constitute the Tribunal for the purpose of completing the Tribunal proceeding.  (5) If subsection (4) applies in relation to a Tribunal proceeding:  (a) if the Tribunal proceeding is an inquiry—the requirement in subsection 110XA(2) that the Tribunal must be constituted by 3 or more Tribunal members does not apply; and  (b) a direction under subparagraph (4)(b)(ii) of this section may be given to any Tribunal member (including the remaining Tribunal member or one of the remaining Tribunal members); and  (c) the Tribunal, as constituted in accordance with a direction under subsection (4) of this section, must complete the Tribunal proceeding; and  (d) for the purpose of completing the Tribunal proceeding, the Tribunal, as so constituted, may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence given or submissions made). Formal requirements for directions  (6) A direction by the Chair under this section must be in writing.  (7) A direction by the Chair under this section is not a legislative instrument. 110XC  Summoning persons to give evidence or produce documents  (1) The Tribunal may summon a person to attend before the Tribunal to give evidence or produce documents for the purpose of a Tribunal proceeding.  (a) the person has been given a summons under subsection (1); and  (b) the person fails to comply with the summons.  (3) Subsection (2) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).  (4) Without limiting subsection (3), it is a reasonable excuse for a person to refuse or fail to give evidence or produce a document if giving the evidence, or producing the document, would tend to incriminate the person.  (5) A person summoned under subsection (1) is entitled to be paid the same fees or allowances as apply under section 77 of the ART Act in relation to persons summoned under that Act. The fees and allowances are payable by the Commonwealth. 110XD  Protection of confidential or sensitive evidence or submissions etc.  (1) The Tribunal may make an order prohibiting or restricting the publication of any of the following if the Tribunal is satisfied that it is desirable to do so, whether for reasons of confidentiality or sensitivity:  (a) evidence given, documents produced or submissions made to the Tribunal in relation to a Tribunal proceeding;  (b) the names and addresses of persons giving evidence, producing documents, or making submissions to the Tribunal in relation to a Tribunal proceeding;  (c) the whole or any part of any decision or report made or given by the Tribunal, or the Tribunal’s reasons for any such decision or report.  (b) the person’s conduct contravenes an order made under subsection (1). 110XE  Formal requirements relating to decisions etc. of the Tribunal Decisions etc. to be in writing  (1) Decisions, orders, determinations, reports and recommendations of the Tribunal must be in writing. Review decisions  (2) The Tribunal’s decision on the review of a reviewable decision must include a statement of the Tribunal’s reasons for its decision.  (3) Subject to any orders under section 110XD:  (a) the Tribunal must cause a copy of its decision on the review of a reviewable decision to be given to the person or persons who applied for the review; and  (b) the Tribunal may also give a copy of its decision on the review of a reviewable decision to any other person that the Tribunal considers appropriate. Inquiry reports  (4) Subject to any orders under section 110XD, the Tribunal must cause a copy of its report on an inquiry to be published on the Tribunal’s website or by another means that the Tribunal considers appropriate. 110XF  Protection of Tribunal members and other persons  (1) A Tribunal member has, in performing his or her functions or exercising his or her powers as a Tribunal member, the same protection and immunity as a Justice of the High Court.  (2) A person representing another person before the Tribunal has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.  (3) A person summoned to attend, or appearing, before the Tribunal to give evidence or make submissions has the same protection, and is (in addition to the penalties provided by this Part) subject to the same liabilities, as a witness in proceedings in the High Court. 110XG  Disclosure of interests by Tribunal members When this section applies  (1) This section applies if a Tribunal member who constitutes, or is one of the Tribunal members who constitute, the Tribunal for the purpose of a Tribunal proceeding has or acquires any interest (the potential conflict) that conflicts or could conflict with the proper performance of the member’s functions in relation to the proceeding. Note: Failure to comply with the requirements of this section is a ground for termination: see section 110YH. If the Tribunal member is the Chair  (2) If the Tribunal member is the Chair:  (a) the Chair must disclose the potential conflict to the Minister, and to all persons who appear or have appeared before the Tribunal in the Tribunal proceeding; and  (b) the Chair must not continue to take part in the proceeding unless the Minister consents in writing. If the Tribunal member is not the Chair  (3) If the Tribunal member is not the Chair:  (a) the Tribunal member must disclose the potential conflict to the Chair, and to all persons who appear or have appeared before the Tribunal in the Tribunal proceeding; and  (b) the Tribunal member must not continue to take part in the proceeding unless the Chair consents in writing. Consent is not a legislative instrument  (4) A consent by the Minister or the Chair under subsection (2) or (3) is not a legislative instrument. 110XH  Procedural rules  (1) After consulting the other Tribunal members, the Chair may, by legislative instrument, make procedural rules (not inconsistent with this Part) in relation to the practice and procedure to be followed by or in relation to the Tribunal.  (2) Without limiting subsection (1), the procedural rules may provide for the following:  (a) the constitution of the Tribunal for Tribunal proceedings;  (b) how the work of the Tribunal is to be allocated between the Tribunal members;  (c) the nature or form of Tribunal proceedings (for example, whether proceedings are to take the form of a hearing, and whether a hearing is to be in public or private);  (d) the circumstances in which a person may be represented by a legal practitioner or other person in a Tribunal proceeding;  (e) how applications are to be made to the Tribunal;  (f) requiring lodgment with the Tribunal of material relating to the making of reviewable decisions that are the subject of applications to the Tribunal;  (g) how evidence is to be given, or submissions are to be made, to the Tribunal;  (h) how people are to be summoned to attend before the Tribunal;  (i) any other matters that the Chair considers necessary or convenient.  (3) The procedural rules must be complied with in relation to Tribunal proceedings. Division 6—Tribunal members 110Y  Constitution of Tribunal   The Tribunal consists of the following Tribunal members:  (a) the Chair of the Tribunal;  (b) a minimum of 6, and maximum of 10, other Tribunal members. 110YA  Appointment of Tribunal members  (1) The Tribunal members are to be appointed by the Minister, in writing, on a part‑time basis.  (2) The instrument of appointment of a Tribunal member must specify whether the member is appointed as the Chair of the Tribunal, or as one of the other Tribunal members.  (3) In making appointments, the Minister must have regard to the desirability of:  (a) reflecting a diversity of expertise, experience and gender among the Tribunal members; and  (b) the Tribunal members being independent of those who usually make reviewable decisions.  (4) A person is not eligible to be appointed as the Chair if:  (a) the person is, or has at any time been, a member of the Defence Force rendering continuous full‑time service; or  (b) in the Minister’s opinion, the person does not have an appropriate level of security clearance.  (5) A person is not eligible to be appointed as one of the other Tribunal members if:  (a) the person is, or has at any time within the previous 12 months been, a member of the Defence Force rendering continuous full‑time service; or  (b) in the Minister’s opinion, the person does not have an appropriate level of security clearance. 110YB  Period of appointment  (1) A Tribunal member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.  (2) Subject to subsections (3) and (4), a Tribunal member is eligible for reappointment as a Tribunal member.  (3) A person must not hold office as Chair for more than 6 consecutive years.  (4) A person must not hold office as one of the other Tribunal members for more than 6 consecutive years. 110YC  Acting appointments Appointment of acting Chair  (1) The Minister may, in writing, appoint a Tribunal member to act as the Chair:  (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or  (b) during any period, or during all periods, when the Chair:  (i) is absent from duty or from Australia; or Appointment of other acting Tribunal members  (2) The Chair may, in writing, appoint a person to act as a Tribunal member (other than the Chair):  (a) during a vacancy in an office of Tribunal member (other than the Chair), whether or not an appointment has previously been made to the office; or  (b) during any period, or during all periods, when a Tribunal member (other than the Chair):  (i) is acting as the Chair; or  (ii) is absent from duty or from Australia; or  (iii) is, for any reason, unable to perform the duties of the office.  (3) In appointing a person to act as a Tribunal member, the Chair must have regard to the desirability of:  (a) reflecting a diversity of expertise, experience and gender among the Tribunal members; and  (b) the Tribunal members being independent of those who usually make reviewable decisions. Determining whether there is a vacancy in an office of Tribunal member  (5) For the purpose of:  (a) a reference in this section to a vacancy in an office of Tribunal member; or  (b) a reference in the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 10 offices of Tribunal members in addition to the Chair. 110YD  Other employment   A Tribunal member must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the member’s functions. 110YE  Remuneration  (1) A Tribunal member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Tribunal member is to be paid the remuneration that is prescribed by the regulations.  (2) A Tribunal member is to be paid the allowances that are prescribed by the regulations. 110YF  Leave  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.  (2) The Chair may grant leave of absence to any other Tribunal member on the terms and conditions that the Chair determines. 110YG  Resignation  (1) A Tribunal member may resign his or her appointment by giving the Minister a written resignation.  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 110YH  Termination  (1) The Minister may terminate the appointment of a Tribunal member for misbehaviour or physical or mental incapacity.  (2) The Minister may terminate the appointment of a Tribunal member if:  (a) the Tribunal member:  (i) becomes bankrupt; or  (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or  (iii) compounds with his or her creditors; or  (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or  (b) the Tribunal member fails, without reasonable excuse, to comply with section 110XG (disclosure of interests by Tribunal members); or  (c) the Tribunal member engages in paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the member’s functions.  (3) If the Chair ceases to be eligible for appointment (see subsection 110YA(4)), the Minister must terminate the appointment of the Chair.  (4) If a Tribunal member (other than the Chair) ceases to be eligible for appointment (see subsection 110YA(5)), the Minister must terminate the appointment of the Tribunal member. 110YI  Other terms and conditions   A Tribunal member holds office on the terms and conditions (if any) in relation to matters not covered by this Part that are determined by the Minister. Division 7—Miscellaneous 110Z  Regulations   Without limiting the generality of section 124, the regulations may make provision for or in relation to any of the following:  (a) any fees that are to be payable in relation to applications to the Tribunal;  (b) prohibiting the disclosure of information obtained by the Tribunal, a member of the Tribunal or a person assisting the Tribunal;  (c) proof of decisions or orders of the Tribunal. Part VIIID—Director of Defence Counsel Services   110ZA  Director of Defence Counsel Services  (1) There is to be a Director of Defence Counsel Services.  (2) The Director of Defence Counsel Services is to be appointed by the Chief of the Defence Force by written instrument.  (3) The Chief of the Defence Force must not appoint a person to be the Director of Defence Counsel Services unless the person:  (a) is enrolled as a legal practitioner and has been so enrolled for not less than 5 years; and  (b) is a member of the Permanent Forces or is a member of the Reserves who is rendering continuous full‑time service; and  (c) holds a rank not lower than the naval rank of captain or the rank of colonel or group captain. 110ZB  Functions and powers of the Director of Defence Counsel Services  (1) The Director of Defence Counsel Services has the following functions:  (a) to manage the provision of legal representation and advice by legal officers to accused persons, for the purposes of a trial by a court martial or a Defence Force magistrate, to the extent that the exigencies of service permit;  (b) to arrange for the attendance of witnesses, to the extent that the exigencies of service permit, on behalf of an accused person referred to in paragraph (a);  (c) to establish and maintain, in accordance with subsection 101F(2) of the Defence Force Discipline Act 1982, lists of legal officers willing to assist persons in custody;  (d) to manage the provision of legal representation and advice by legal officers to persons entitled to such representation or advice, for the purposes of an inquiry conducted under regulations made under paragraph 124(1)(gc);  (e) such other functions as the Chief of the Defence Force directs in writing;  (f) such other functions as are conferred on the Director of Defence Counsel Services by or under this Act or any other law of the Commonwealth;  (g) to do anything incidental or conducive to the performance of any of the preceding functions.  (2) The Director of Defence Counsel Services has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.  (3) A direction given under paragraph (1)(e) is not a legislative instrument. 110ZC  Delegation   The Director of Defence Counsel Services may delegate all or any of his or her powers and functions to:  (a) a defence member holding a rank not lower than lieutenant commander, major or squadron leader; or  (b) a person whose classification level appears in Group 7 or a higher Group of Schedule 1 to the Classification Rules under the Public Service Act 1999; or  (c) a person who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b). 110ZD  Protection from action   An action, suit or proceeding does not lie against:  (a) the Director of Defence Counsel Services; or  (b) a person assisting the Director; in relation to an act done, or omitted to be done, in good faith in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred on the Director by or under this Act or any other law of the Commonwealth. Part VIIIE—Defence and Veterans’ Services Commission 110ZEA  Objects of this Part   The object of this Part is to improve suicide prevention and wellbeing outcomes for serving and ex‑serving Australian Defence Force members through the provision of independent, evidence‑based advice on system reform to the Australian Government. 110ZEB  Simplified outline of this Part The Defence and Veterans’ Services Commissioner conducts inquiries and reports (including with evidence‑based findings and recommendations) on matters relating to systemic reform to:  (a) improve suicide prevention for serving and ex‑serving Australian Defence Force members; or  (b) improve wellbeing outcomes for serving and ex‑serving Australian Defence Force members. The Commissioner may determine that an inquiry is a special inquiry if certain requirements are met, including that to do so is in the public interest. A range of additional powers are available to the Commissioner for the purposes of conducting special inquiries (see Division 3). The Defence and Veterans’ Services Commission assists the Commissioner in the performance of the Commissioner’s functions under this Part. The Commission consists of the Commissioner and the staff of the Commission. 110ZEC  This Part binds the Crown  (1) This Part binds the Crown in each of its capacities.  (2) However, this Part does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. 110ZED  This Part extends to things outside Australia   This Part extends to acts, omissions, matters and things outside Australia. 110ZEE  Definitions accountable authority, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013. Australian intelligence entity means:  (a) the Australian Security Intelligence Organisation; or  (b) the Australian Secret Intelligence Service; or  (c) the Australian Signals Directorate; or  (d) the Office of National Intelligence; or  (e) the part of the Department known as the Australian Geospatial‑Intelligence Organisation; or  (f) the part of the Department known as the Defence Intelligence Organisation. authorised member: see subsection 110ZGJ(2). Commonwealth body means a Commonwealth entity or a Commonwealth company. Commonwealth company has the same meaning as in the Public Governance, Performance and Accountability Act 2013. Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. Defence and Veteran Suicide Royal Commission means the Royal Commission into Defence and Veteran Suicide, issued by the Governor‑General by Letters Patent on 8 July 2021 (and including any later variations of those Letters Patent). defence member means a member of the Defence Force. eligible Judge: see subsection 110ZLB(1). engage in conduct means:  (a) do an act; or  (b) omit to perform an act. entrusted person means:  (a) the Defence and Veterans’ Services Commissioner; or  (b) a member of staff assisting the Commissioner as mentioned in section 110ZKD; or  (c) persons assisting referred to in section 110ZKE; or  (d) consultants engaged under section 110ZKF. head, of an Australian intelligence entity, means:  (a) in relation to the Australian Security Intelligence Organisation—the Director‑General of Security; or  (b) in relation to the Australian Secret Intelligence Service—the Director‑General of the Australian Secret Intelligence Service; or  (c) in relation to the Australian Signals Directorate—the Director‑General of the Australian Signals Directorate; or  (d) in relation to the part of the Department known as the Australian Geospatial‑Intelligence Organisation—the Director of that part of the Department; or  (e) in relation to the part of the Department known as the Defence Intelligence Organisation—the Director of that part of the Department; or  (f) in relation to the Office of National Intelligence—the Director‑General of National Intelligence. Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015. IGIS official means:  (a) the Inspector‑General of Intelligence and Security; or  (b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986. intelligence information means information:  (a) that was acquired or prepared by or on behalf of an Australian intelligence entity in connection with its functions; or  (b) that relates to the performance by an Australian intelligence entity of its functions; or  (c) that identifies a person as being, or having been, a staff member (within the meaning of the Intelligence Services Act 2001) or agent of the Australian Secret Intelligence Service or the Australian Security Intelligence Organisation. Example: For paragraph (a)—information provided to an Australian intelligence entity by a foreign government or an agency of a foreign government. Judge: see subsection 110ZLB(1). law enforcement or security agency means any of the following agencies:  (a) the Australian Defence Force;  (b) the Australian Federal Police;  (c) the Australian Crime Commission;  (d) the Home Affairs Department;  (e) the police force of a State or Territory;  (f) any other agency prescribed by the rules for the purposes of this definition. official, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013. operationally sensitive information means:  (a) information about information sources or operational activities or methods available to a law enforcement or security agency; or  (b) information about particular operations that have been, are being or are proposed to be undertaken by a law enforcement or security agency, or about proceedings relating to those operations; or  (c) information provided by a foreign government, or by an agency of a foreign government, where that government does not consent to the public disclosure of the information. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). personal information has the same meaning as in the Privacy Act 1988. protected information means information (including personal information) made or obtained by an entrusted person for the purposes of this Part. reasonable excuse means:  (a) in relation to any act or omission by a witness before the Defence and Veterans’ Services Commissioner—an excuse which would excuse an act or omission of a similar nature by a witness before a court of law; or  (b) in relation to any act or omission by a person summoned as a witness before the Commissioner—an excuse which would excuse an act or omission of a similar nature by a person summoned as a witness before a court of law; or  (c) in relation to any act or omission by a person given a notice under section 110ZGE or subsection 110ZHD(3)—an excuse which would excuse an act or omission of a similar nature by a person served with a subpoena in connection with a proceeding before a court of law. rules means rules made under section 110ZLD. secrecy provision means:  (a) a provision of a law of the Commonwealth that purports to prohibit; or  (b) anything done, under a provision of a law of the Commonwealth, to prohibit; the communication, divulging or publication of information, the production of, or the publication of the contents of, a document, or the production of a thing. State body means a department or authority of a State. Territory body means a department or authority of a Territory. use, in relation to information, includes make a record of. veteran has the same meaning as in the Australian Veterans’ Recognition (Putting Veterans and Their Families First) Act 2019. Division 2—Investigations by the Defence and Veterans’ Services Commissioner 110ZFA  Investigation on own initiative  (1) The Defence and Veterans’ Services Commissioner may conduct research and inquire into matters relating to systemic reform to:  (a) improve suicide prevention for serving and ex‑serving ADF members; or  (b) improve wellbeing outcomes for serving and ex‑serving ADF members.  (2) The Commissioner may, after conducting research and inquiry under this section, report to the Minister on the outcomes of the research and inquiry (including any recommendations).  (3) A report given under subsection (2) must be given to the Minister, published and tabled in each House of the Parliament in accordance with any requirements of the rules. 110ZFB  Inquiry into or advice on specific matter on request by Minister  (1) The Minister may request the Defence and Veterans’ Services Commissioner:  (a) to conduct research and inquire into, and report on, a specific matter relating to systemic reform to:  (i) improve suicide prevention for serving and ex‑serving ADF members; or  (ii) improve wellbeing outcomes for serving and ex‑serving ADF members; or  (b) to advise on a specific matter relating to systemic reform to:  (i) improve suicide prevention for serving and ex‑serving ADF members; or  (ii) improve wellbeing outcomes for serving and ex‑serving ADF members.  (2) The Minister may include in such a request terms of reference (including time frames) for the report or advice.  (3) The Commissioner must comply with such a request.  (4) If such a request is made in writing, the request is not a legislative instrument.  (5) The Minister may withdraw or amend such a request at any time before the Commissioner gives the report or advice to the Minister. 110ZFC  Inquiries into implementation of Defence and Veteran Suicide Royal Commission recommendations  (1) The Defence and Veterans’ Services Commissioner must conduct at least 2 inquiries into the Commonwealth’s implementation of the Government’s response to the recommendations of the Defence and Veteran Suicide Royal Commission.  (2) An inquiry under subsection (1) must evaluate the implementation of the Government’s response including:  (a) the measures and actions taken by the Commonwealth to implement the response; and  (b) the effectiveness of those measures and actions in implementing the Government’s response.  (3) Reports on an inquiry under subsection (1) must:  (a) be completed no later than the period prescribed by the rules for the inquiry; and  (b) be given to the Minister, published and tabled in each House of the Parliament in accordance with any requirements of the rules. 110ZFD  Hearings  (1) The Defence and Veterans’ Services Commissioner may hold a hearing for the purposes of performing the Commissioner’s functions.  (2) A hearing is to be held in public and the procedure for a hearing may be such as the Commissioner thinks fit. Note: For circumstances where hearings may not be held in public, see subsections 110ZFE(1) and (2), and 110ZGQ(6).  (3) The Commissioner may issue written guidelines relating to the procedure for hearings. Note: The rules may make provision in relation to the procedure for hearings: see section 110ZFG.  (4) Guidelines issued under subsection (3) are not a legislative instrument.  (5) The Commissioner is not bound by the rules of evidence.  (6) The Commissioner must ensure that a record of a hearing is made. 110ZFE  Private hearings Disclosure of information that is personal  (1) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private if the Defence and Veterans’ Services Commissioner is satisfied that:  (a) information relating to:  (i) a deceased person or the family, friends or associates of a deceased person; or  (ii) a defence member or veteran’s lived experience with a suicide risk;   may be disclosed at a hearing; and  (b) the information is personal and private. Disclosure of operationally sensitive information  (2) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private if the Commissioner is satisfied that a person appearing at the hearing may give evidence that discloses operationally sensitive information. Note: See also section 110ZGG, which requires a person to give notice of likely disclosure of operationally sensitive information to the Commissioner. Commissioner must have regard to certain matters when considering whether to hold private hearings  (3) When considering whether to hold a hearing, or part of a hearing, in private because of subsections (1) and (2), the Commissioner must have regard to:  (a) the potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004), or to the operations of a law enforcement or security agency; and  (b) whether holding the hearing in private would have a substantial adverse effect on the exercise or performance of the Commissioner’s functions or powers; and  (c) if the Commissioner invites submissions—any submissions received in response; and  (d) the safety and security of any person; and  (e) whether legal professional privilege, or any other immunity, privilege or restriction may apply to the disclosure of the information; and  (f) any other matters the Commissioner thinks relevant. Other circumstances  (4) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private in any other circumstances prescribed by the rules. 110ZFF  Consultation in relation to certain private hearing evidence  (1) If a witness gives evidence at a private hearing because of subsection 110ZFE(2) (disclosure of operationally sensitive information), the Defence and Veterans’ Services Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:  (a) consult any law enforcement or security agency to which the evidence relates and consider any information received from the agency following the consultation; and  (b) consider any potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004); and  (c) consider the safety and security of any person.  (2) If a witness gives evidence at a private hearing because of subsection 110ZFE(1) or (2) (disclosure of personal or operationally sensitive information), the Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:  (a) consider consulting the witness, and any other person whose interests are affected by the evidence; and  (b) 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  (c) consider any preference the witness communicates (whether before, during or after a private hearing) to the Commissioner in relation to consultation.  (3) The rules may make provision for or in relation to the disclosure or use of evidence given at a private hearing by a witness because of subsection 110ZFE(4). 110ZFG  Other powers relating to inquiries   Subject this Part and any requirements prescribed by the rules, the Defence and Veterans’ Services Commissioner may conduct research and inquire into matters under this Part as the Commissioner sees fit, including in relation to the following:  (a) giving notice of an inquiry;  (b) inviting submissions;  (c) making submissions publicly available;  (d) procedures for hearings (public or private);  (e) providing draft reports for comment. Division 3—Special inquiries Subdivision A—Determining inquiry is a special inquiry 110ZGA  Special inquiry  (1) The Defence and Veterans’ Services Commissioner may make a determination, in writing, that an inquiry being conducted under Division 2 is a special inquiry if:  (a) public notice has been given of the inquiry; and  (b) the Commissioner is satisfied that it is in the public interest that the powers in this Division may be exercised in relation to the inquiry; and  (c) any other requirements prescribed by the rules are satisfied.  (2) The Commissioner may, at any time, revoke such a determination.  (3) A determination under subsection (1) is in force during the period:  (a) beginning immediately after the determination is made; and  (b) ending at the earliest of the following:  (i) the end of the period of 2 years beginning immediately after the determination is made;  (ii) the end of the day on which the determination is revoked under subsection (2).  (4) Paragraph (3)(b) does not prevent the making of another determination under subsection (1) in the same terms as the expired or revoked determination.  (5) A determination made under subsection (1) is not a legislative instrument. Subdivision B—Powers that can be used in relation to a special inquiry 110ZGB  Application of this Subdivision   This Subdivision applies in relation to an inquiry if there is a determination in force under section 110ZGA that the inquiry is a special inquiry. 110ZGC  Summons  (1) The Defence and Veterans’ Services Commissioner may, by notice in writing, summon a person to attend a hearing at a time and place specified in the notice:  (a) to give evidence relevant to the special inquiry; or  (b) to produce documents or things specified in the notice that are relevant to the special inquiry. Note: Failure to comply with a notice is an offence: see section 110ZHA.  (a) be in writing and be signed by the Commissioner; and  (b) be served on the person required to attend the hearing.  (3) A time specified in a notice must be at least 14 days after the day on which the notice is given.  (4) However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.  (5) For the purposes of sections 110ZHA (failure to produce), 110ZHD and 110ZHE (legal professional privilege), the power of the Commissioner under this section to require a person to give evidence, or produce a document or thing, includes the power to require the person to give evidence, or produce a document or thing, that is subject to legal professional privilege. Note: Under section 110ZHD, legal professional privilege might still be a reasonable excuse for failing to produce the document etc.  (6) Before giving a notice under subsection (1) to a person, in the person’s capacity as someone who is or has been a coroner or an officer or employee of a coroners’ court, the Commissioner must consider requesting the coroner or the coroners’ court to disclose information in accordance with section 110ZGP.  (7) If the Commissioner gives a notice under subsection (1) to an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:  (a) if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or  (b) in any other case—the accountable authority of the Commonwealth entity.  (8) If the Commissioner gives a notice under subsection (1) to an officer or employee of a State body or a Territory body, the Commissioner must give a copy of the notice to the head (however described) of the body. 110ZGD  Evidence on oath or by affirmation  (1) At a hearing for the inquiry, the Defence and Veterans’ Services Commissioner may:  (a) require a witness to either take an oath or make an affirmation; and  (b) administer an oath or affirmation to the witness. Note 1: Refusal to take an oath or make an affirmation is an offence: see section 110ZHB. Note 2: This means that a hearing is a judicial proceeding for the purposes of Part III of the Crimes Act 1914, which creates various offences in relation to judicial proceedings.  (2) The oath or affirmation is an oath or affirmation that the evidence the person will give will be true.  (3) The Commissioner may allow a person attending a hearing who has been sworn, or who has made an affirmation, to give evidence by tendering a written statement and verifying it by oath or affirmation. 110ZGE  Defence and Veterans’ Services Commissioner may require information etc.  (1) For the purposes of performing the Defence and Veterans’ Services Commissioner’s functions, the Commissioner may, by written notice, require a person:  (a) to give the Commissioner information relevant to the special inquiry, or a statement setting out information relevant to the special inquiry, in writing referred to in the notice; or  (b) to produce to the Commissioner the documents or things relevant to the special inquiry that are referred to in the notice. Note: Failure to give the information or statement, or to produce the documents or things, is an offence: see section 110ZHA.  (b) specify the period within which the person must comply with the notice.  (3) A time specified in a notice must be at least 14 days after the day on which the notice is given.  (4) However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.  (5) For the purposes of sections 110ZHA (failure to produce), 110ZHD and 110ZHE (legal professional privilege), the power of the Commissioner under this section to require a person to give information or a statement, or produce a document or thing includes the power to require the person to give information or a statement, or produce a document or thing, that is subject to legal professional privilege. Note: Under section 110ZHD, legal professional privilege might still be a reasonable excuse for failing to produce the document etc.  (6) Before giving a notice under subsection (1) to a person, in the person’s capacity as someone who is or has been a coroner or an officer or employee of a coroners’ court, the Commissioner must consider requesting the coroner or the coroners’ court to disclose information in accordance with section 110ZGP.  (7) If the Commissioner gives a notice under subsection (1) to an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:  (a) if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or  (b) in any other case—the accountable authority of the Commonwealth entity.  (8) If the Commissioner gives a notice under subsection (1) to an officer or employee of a State body or Territory body, the Commissioner must give a copy of the notice to the head (however described) of the body. 110ZGF  Notice of likely disclosure of operationally sensitive information Notice requirement  (a) a person either:  (i) intends to give evidence, or give or produce to the Defence and Veterans’ Services Commissioner information or a statement, document or thing in relation to the special inquiry (including as authorised under section 110ZGN or 110ZGP); or  (ii) is required under section 110ZGC or 110ZGE to give evidence at a hearing, to give or produce to the Commissioner information or a statement, document or thing, in relation to the special inquiry; and  (b) the person considers that giving the evidence, or giving or producing the information or statement, document or thing, may involve the person disclosing operationally sensitive information; the person must give written notice to the Commissioner before giving or producing the evidence, information or statement, document or thing. Note: Failure to give written notice is an offence if the person holds or has held an Australian Government security clearance: see subsection 110ZHC(1).  (2) The notice must describe the evidence, information or statement, document or thing that the person considers to be operationally sensitive information. Call for submissions  (3) If the Commissioner is given a notice under subsection (1), the Commissioner may invite submissions from persons or bodies (including law enforcement or security agencies) whose interests may be affected by disclosure of the information.  (4) If the Commissioner invites submissions, the Commissioner must ensure that the information is not disclosed inappropriately in the course of inviting submissions. 110ZGG  Notice of likely disclosure of intelligence information   If:  (a) a person either:  (i) intends to give evidence, or give or produce to the Defence and Veterans’ Services Commissioner information or a statement, document or thing in relation to the special inquiry (including as authorised under section 110ZGN or 110ZGP); or  (ii) is required under section 110ZGC or 110ZGE to give evidence at a hearing, to give or produce to the Commissioner information or a statement, document or thing, in relation to the special inquiry; and  (b) the person considers that giving the evidence, or giving or producing the information or statement, document or thing, may involve the person disclosing intelligence information; the person must give written notice to the Commissioner before giving or producing the evidence, information, statement, document or thing. Note: Failure to give written notice is an offence if the person holds or has held an Australian Government security clearance: see subsection 110ZHC(2). 110ZGH  Powers of Commissioner in relation to documents or other thing   The Defence and Veterans’ Services Commissioner may for the purposes of the special inquiry:  (a) inspect any document or other thing:  (i) produced or given to the Commissioner; or  (ii) produced or given under a notice under section 110ZGC or 110ZGE; and  (b) retain the documents or other thing for so long as is reasonably necessary for the purposes of performing the Commissioner’s functions; and  (c) in the case of documents:  (i) produced or given to the Commissioner; or  (ii) produced or given under a notice under section 110ZGC or 110ZGE;   make copies of any documents that contain matter that is relevant to the Commissioner’s functions or powers. 110ZGJ  Search warrants  (1) The Defence and Veterans’ Services Commissioner or an authorised member may apply for a search warrant under subsection (4) in relation to the special inquiry.  (2) The Commissioner may, in writing, authorise a person, or each person in a class of persons, to be an authorised member for the purposes of this Part, if the person, or each person in the class of persons, is a member of the Australian Federal Police, or of the police force of a State or Territory, or is a police member (within the meaning of the Defence Force Discipline Act 1982).  (3) If:  (a) the Commissioner, or an authorised member, has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a matter into which the Commissioner is inquiring (things of the relevant kind); and  (b) the Commissioner, or the authorised member, believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed; the Commissioner, or the authorised member, may apply to an eligible Judge for the issue of a search warrant under subsection (4).  (4) If an application is made under subsection (1) to an eligible Judge, the eligible Judge may, if satisfied that there are reasonable grounds for issuing the warrant, issue a search warrant authorising a member of the Australian Federal Police or of the police force of a State or Territory, or any other person named in the warrant (the authorised person), with such assistance as the authorised person thinks necessary, and if necessary by reasonable force:  (a) to enter onto the land or on or into the premises, vessel, aircraft or vehicle; and  (b) to search the land, premises vessel aircraft or vehicle for things of the relevant kind; and  (c) to seize any things of the relevant kind found on the land or in the premises, vessel, aircraft or vehicle and deliver things so seized to the Commissioner.  (5) A warrant issued under this section must include the following information:  (a) a statement of the purpose for which the warrant is issued, which must include a reference to the matter into which the Commissioner is inquiring and with which the things of the relevant kind are connected;  (b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;  (c) a description of the kind of things authorised to be seized;  (d) a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.  (6) If, in the course of searching, in accordance with a warrant issued under this section, for things of a particular kind connected with a matter into which the Commissioner is inquiring, the person executing the warrant finds:  (a) any thing of another kind that the person believes on reasonable grounds to be connected with that matter; or  (b) any thing that the person believes on reasonable grounds to be connected with another matter into which the Commissioner is inquiring; and the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss, mutilation or destruction, the warrant is taken to authorise the person to seize that thing. 110ZGK  Application by telephone for search warrants  (1) An application for a search warrant under subsection 110ZGJ(1) may be made by telephone if the applicant for the warrant considers it necessary to do so because of circumstances of urgency.  (2) If an eligible Judge issues a search warrant on an application made by telephone, the eligible Judge must:  (a) complete and sign that warrant; and  (b) inform the applicant of the terms of the warrant and the date on which and the time at which it was signed; and  (c) forward a copy of the warrant to the applicant.  (3) If a search warrant is issued on an application made by telephone, the Defence and Veterans’ Services Commissioner or a member of the Australian Federal Police or of the police force of a State or Territory may complete a form of warrant in the terms indicated by an eligible Judge under subsection (2).  (4) A form of warrant completed in accordance with subsection (3) is taken to be a warrant issued under section 110ZGJ. 110ZGL  Witnesses subject to questioning  (1) Any of the following may, so far as the Defence and Veterans’ Services Commissioner thinks proper, examine or cross‑examine a witness on a matter relevant to a hearing for the purposes of the special inquiry:  (a) a legal practitioner assisting the Commissioner;  (b) any legal practitioner authorised by the Commissioner to appear before it for the purpose of representing any person;  (c) any person authorised by the Commissioner to appear before the Commissioner.  (2) Subject to this Part, a witness who is examined or cross‑examined has the same protection and is subject to the same liabilities as if examined by the Commissioner. Note: For other witness protections, see section 110ZLC. 110ZGM  Witness expenses and allowances  (1) A person may, on behalf of the Commonwealth, be paid the following in respect of the giving of evidence as a witness at a hearing for the purposes of the special inquiry, in accordance with a scale prescribed by the rules:  (a) a reasonable amount for the person’s expenses of attending at a place to give evidence;  (b) an allowance for the person’s travelling expense and maintenance while absent from the person’s usual place of residence.  (2) In the absence of a prescribed scale, the amount or allowance the person may be paid is the amount or allowance the Commissioner considers reasonable. 110ZGN  Disclosure of information to the Commissioner—Commonwealth  (1) A Commonwealth body, or an individual who holds any office or appointment under a law of the Commonwealth, may, on their own initiative or at the request of the Commissioner, disclose information (including personal information) for the purpose of assisting in the performance or exercise of the Commissioner’s functions or powers in for the purposes of the special inquiry.  (2) A disclosure of information is taken not to have been made by a Commonwealth body for the purposes of subsection (1) if the individual making the disclosure is acting beyond the individual’s authority in relation to the body. Authorisation for Commissioner to use  (3) The Commissioner is authorised to use information disclosed under this section for the purposes of performing or exercising any of the Commissioner’s functions or powers for the purposes of the special inquiry. Authorisation not affected by State or Territory law or the general law  (4) The authorisation in subsection (1) has effect despite anything in a law of a State or Territory, or the general law, that restricts or prohibits disclosure of information. 110ZGP  Disclosure of information to the Commissioner—States and Territories  (1) Any of the following may, on their own initiative or at the request of the Commissioner, disclose information (including personal information) for the purpose of assisting in the performance or exercise of the Commissioner’s functions or powers for the purposes of the special inquiry:  (a) a State body or Territory body;  (b) an individual who holds any office or appointment under a law of a State or Territory;  (c) a coroner or a coroners’ court.  (2) A disclosure of information is taken not to have been made by a State body or Territory body for the purposes of subsection (1) if the individual making the disclosure is acting beyond the individual’s authority in relation to the body. Authorisation for Commissioner to use  (3) The Commissioner is authorised to use information disclosed under this section for the purposes of performing or exercising any of the Commissioner’s functions or powers. Authorisation not affected by State or Territory law or the general law  (4) The authorisation in subsection (1) has effect despite anything in a law of a State or Territory, or the general law, that restricts or prohibits disclosure of information. 110ZGQ  Arrangements for obtaining and protecting intelligence information Arrangements  (1) The Commissioner must take all reasonable steps to ensure that entrusted persons obtain, store, access, use and disclose intelligence information relating to an Australian intelligence entity for the purposes of a special inquiry only in accordance with an arrangement, between the Commissioner and the head of the entity, that deals with:  (a) the manner in which entrusted persons obtain intelligence information relating to the entity; and  (b) the protection of intelligence information relating to the entity while in the possession of entrusted persons; and  (c) the disclosure by entrusted persons of intelligence information relating to the entity.  (2) The Commissioner must take all reasonable steps to ensure that an arrangement is in force for the purposes of subsection (1) with the head of an Australian intelligence entity before obtaining intelligence information relating to the entity for the purposes of a special inquiry.  (3) Subsections (1) and (2) apply despite any other provision of this Part.  (4) Without limiting subsection (1), an arrangement may:  (a) limit the circumstances in which intelligence information may be disclosed in a report under this Division; and  (b) set out matters to which the Commissioner must have regard in disclosing intelligence information under section 110ZHP.  (5) However, except as mentioned in paragraph (4)(a), an arrangement cannot prevent the exercise of the Commissioner’s powers or the performance of the Commissioner’s functions under any provision of this Part (including section 110ZHP). Conduct of hearings  (6) Despite subsection 110ZFD(2), if the Commissioner is satisfied that a person appearing at a hearing might disclose intelligence information:  (a) the Commissioner may, subject to paragraph (b) of this subsection, conduct the hearing in public or private; and  (b) the conduct of the hearing must be consistent with an arrangement entered into for the purposes of subsection (1) of this section with the Australian intelligence entity to which the information relates. Arrangement is not a legislative instrument  (7) If an arrangement is entered into for the purposes of subsection (1) in writing, the arrangement is not a legislative instrument. 110ZGR  Application of this Part in relation to current and former IGIS officials   Despite anything else in this Part:  (a) an entrusted person may obtain information from another person that the other person acquired as an IGIS official; and  (b) a person may disclose information, that the person acquired as an IGIS official, to an entrusted person; only in accordance with sections 34 and 34A of the Inspector‑General of Intelligence and Security Act 1986. Subdivision A—Failure to attend hearing, give information or produce documents etc. 110ZHA  Failure to attend hearing, give information or produce documents etc. Failure to attend hearing  (a) the person is served with a notice under section 110ZGC to attend a hearing; and Failure to give information, or produce a document or thing  (a) the person is given a notice under section 110ZGC or 110ZGE to give information or a statement, or produce a document or thing, specified in the notice; and Reasonable excuse  (3) Subsections (1) and (2) do not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code. Defence of relevance  (4) Subsection (2) does not apply if the information, statement, document or thing is not relevant to the matters into which the Commissioner was inquiring. Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code. Subsections (1) and (2) not affected by State or Territory law or the general law  (5) Subsections (1) and (2) have effect despite anything in a law of a State or Territory, or the general law. 110ZHB  Refusal to take an oath, make an affirmation or answer a question  (a) the person is served with a notice under section 110ZGC to attend a hearing; and  (i) the person refuses to be sworn or to make an affirmation at the hearing; or  (ii) the person refuses to answer a question at the hearing that the Defence and Veterans’ Services Commissioner requires the person to answer. 110ZHC  Failure to give written notice to the Defence and Veterans’ Services Commissioner Operationally sensitive information  (a) the person is required to give a written notice to the Commissioner under section 110ZGF; and  (b) the person holds or has held an Australian Government security clearance (within the meaning of the Criminal Code) that allows, or had allowed, access to operationally sensitive information; and  (c) the person fails to give the notice in accordance with section 110ZGF. Intelligence information  (a) the person is required to give a written notice to the Defence and Veterans’ Services Commissioner under section 110ZGG; and  (b) the person holds or has held an Australian Government security clearance (within the meaning of the Criminal Code) that allows, or had allowed, access to intelligence information; and  (c) the person fails to give the notice in accordance with section 110ZGG. 110ZHD  Legal professional privilege  (1) It is not a reasonable excuse for the purposes of subsection 110ZHA(3) for a person to fail to give information or a statement, or produce a document or thing, that the information, statement, document or thing is subject to legal professional privilege, unless:  (a) a court has found the information, statement, document or thing (or the relevant part of it) to be subject to legal professional privilege; or  (b) a claim that the information, statement, document or thing (or the relevant part of it) is subject to legal professional privilege has been made to the Defence and Veterans’ Services Commissioner:  (i) within the time that the Commissioner, in requiring the information or statement to be given, or the document or thing to be produced, allowed for the giving of the information or statement, or the production of the document or thing; or  (ii) within such further time as the Commissioner allows for the giving of the information or statement, or the production of the document or thing.  (2) If such a claim is made, the Commissioner may decide whether to accept or reject the claim.  (3) The Commissioner may, by written notice served on a person, require the person to produce the information, statement, document or thing for inspection for the purpose of deciding whether to accept or reject the claim.  (4) If the information, statement, document or thing has been produced for inspection and the Commissioner decides to accept the claim, the Commissioner must:  (a) return the information, statement, document or thing to the person; and  (b) disregard, for the purposes of any report, recommendation or finding that the Commissioner makes:  (i) if the claim is accepted in relation to the whole of the information, statement, document or thing—the whole of the information, statement, document or thing; or  (ii) if the claim is accepted in relation to a part of the information, statement, document or thing—that part of the information, statement, document or thing.  (5) If the information, statement, document or thing has been produced for inspection and the Commissioner decides to reject the claim, the Commissioner may use the information, statement, document or thing for the purposes of performing the Commissioner’s function in relation to a special inquiry. 110ZHE  Offences relating to claims for legal professional privilege Offences  (a) the person has failed to give information or a statement, or produce a document or thing as required by the Commissioner under section 110ZGC; and  (b) the Commissioner has decided under subsection 110ZHD(2) to reject a claim that the information or statement, document or thing (or the relevant part of the information, statement, document or thing) is subject to legal professional privilege; and  (c) the person fails to give the information or statement, or produce the document or thing as the Commissioner requires, after that decision, under section 110ZGC.  (a) the person is required under subsection 110ZHD(3) to give information or a statement, or produce a document or thing for inspection; and Reasonable excuse  (3) Subsections (1) and (2) do not apply if the person has a reasonable excuse. Legal professional privilege  (4) It is not a reasonable excuse for the purposes of subsection (3) for a person to fail to give information or a statement, or produce a document or thing, that the information, statement, document or thing is subject to legal professional privilege, unless a court has found the information, statement, document or thing to be subject to legal professional privilege. Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code. Defence of relevance  (5) It is a defence to a prosecution for an offence against this section constituted by a failure to give information or a statement, or produce a document or thing, if the information, statement, document or thing is not relevant to the matters into which the Commissioner is inquiring. Note: A defendant bears an evidential burden in relation to the matters in subsection (5), see subsection 13.3(3) of the Criminal Code. 110ZHF  Self‑incrimination  (1) An individual is not excused from giving information, evidence or a statement, or producing a document or thing, under section 110ZGC on the ground that giving the information, evidence or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence. Note: A body corporate is not entitled to claim the privilege against self‑incrimination.  (2) Subsection (1) does not apply if:  (a) giving the information, evidence or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence; and  (b) the individual has been charged with that offence; and  (c) the charge has not been finally dealt with by a court or otherwise disposed of.  (3) However:  (a) the information, evidence or statement given or document or thing produced; and  (b) the giving of the information, evidence or a statement, or the production of the document or thing; are not admissible in evidence against the individual in any criminal proceedings, other than:  (c) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Part; or  (d) proceedings for an offence against Part III of the Crimes Act 1914 that relates to this Part; or  (e) proceedings for an offence against this Part.  (4) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to giving information, evidence or a statement, or producing a document or thing under section 110ZGC or 110ZGE, the individual is not excused from giving the information, evidence or statement or producing the document or thing under those provisions on that ground. Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty. Subdivision B—Witness protections etc. 110ZHG  Dismissal etc. of witness  (1) A person commits an offence if the person:  (a) dismisses an employee from employment or a defence member from the Defence Force; or  (b) prejudices an employee in the employee’s employment by the person or disciplines a defence member in their capacity as a defence member; for or on account of the employee or the defence member having:  (c) appeared as a witness before the Commissioner; or  (d) given evidence before the Commissioner; or  (e) given information or a statement, or produced a document or thing, in accordance with section 110ZGC. Penalty: 10 penalty units or imprisonment for 1 year.  (2) Subsection (1) does not apply if the employee or defence member was dismissed, prejudiced or disciplined for some reason other than the reasons mentioned in subsection (1). Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code. 110ZHJ  Contempt of Commissioner  (b) the conduct obstructs or hinders the Defence and Veterans’ Services Commissioner in the performance or exercise of the Commissioner’s functions or powers. Penalty: 2 penalty units or imprisonment for 3 months.  (b) the conduct would, if the Defence and Veterans’ Services Commissioner were a court of record, constitute a contempt of that court. Penalty: 2 penalty units or imprisonment for 3 months. Subdivision C—Unauthorised publication, use or disclosure of information etc. 110ZHK  Non‑publication direction  (1) The Defence and Veterans’ Services Commissioner may, in writing, direct that any of the following material must not be published, produced or disclosed or must not be published, produced or disclosed except in the manner or to the persons that the Commissioner specifies:  (a) evidence given before the Commissioner;  (b) the contents of a document, or a description of a thing, produced or given to the Commissioner;  (c) information that might enable a person who has given evidence before the Commissioner to be identified. Note: Publication in contravention of a direction under this subsection is an offence: see section 110ZHL.  (2) The Commissioner may, in writing, vary or revoke a direction under subsection (1).  (3) Without limiting subsection (1), the Commissioner may direct that the material must not be published, produced, or disclosed to:  (a) a court; or  (b) a tribunal, authority or person having power to require the production of documents or the answering of questions. 110ZHL  Publication in contravention of non‑publication direction  (a) the person publishes information; and  (b) the publication contravenes a direction under subsection 110ZHK(1). 110ZHM  Unauthorised use or disclosure of protected information  (a) the person is, or has been an entrusted person; and  (b) the person uses or discloses information; and  (c) the information is protected information; and  (d) neither of the following apply:  (i) the use or disclosure is for the purposes of performing or exercising the Commissioner’s functions or powers;  (ii) the information is disclosed by the Commissioner in accordance with section 110ZHN. Note: See Part 5.6 of the Criminal Code for offences relating to secrecy of information. 110ZHN  Authorisation to disclose information (other than intelligence information)  (1) The Defence and Veterans’ Services Commissioner may disclose information (including personal information) to an entity specified in subsection (2) if:  (a) the information was given to the Commissioner in accordance with a notice under section 110ZGC or 110ZGE, or in accordance with section 110ZGN or 110ZGP; and  (b) the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers; and  (c) in the case of an entity specified in any of paragraphs (2)(k) to (m) of this subsection—the Commissioner is satisfied that the function or power mentioned in paragraph (b) of this subsection is connected with defence member or veteran deaths by suicide; and  (d) in any case—the information is not intelligence information.  (2) The entities are the following:  (a) the Attorney‑General of the Commonwealth, a State or a Territory;  (b) the Australian Federal Police;  (c) the police force of a State or Territory;  (d) the Director of Public Prosecutions;  (e) a Special Prosecutor appointed under the Special Prosecutors Act 1982;  (f) a Royal Commission or a body with functions equivalent to a Royal Commission;  (g) if the information relates, or may relate, to the contravention, or evidence of a contravention, of a law of the Commonwealth, a State or a Territory—an entity responsible for the administration or enforcement of the law;  (h) the Australian Crime Commission;  (i) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);  (j) a coroner or a coroners’ court;  (k) any other Commonwealth body;  (l) any other State body or Territory body;  (m) any other individual who holds any office or appointment under a law of the Commonwealth, a State or a Territory. Coronial inquiries  (3) If the Commissioner believes that the disclosure of information under subsection (1) to an entity specified in any of paragraphs (2)(k) to (m) may prejudice a current or future coronial inquiry, the Commissioner must consider consulting:  (a) for a current coronial inquiry—the coroner conducting the inquiry; or  (b) for a future coronial inquiry—the head of the relevant coronial jurisdiction before disclosing the information. State or Territory police investigations  (4) If the Commissioner believes that the disclosure of information under subsection (1) to an entity specified in any of paragraphs (2)(k) to (m) may prejudice current or future investigations by a police force of a State or Territory, the Commissioner must consider consulting the head (however described) of the police force of the State or Territory before disclosing the information. Authorisation for agencies and bodies to use and disclose information  (5) An entity to which information is disclosed under subsection (1) may use and disclose the information for the purposes for which the information was disclosed under that subsection. Contravention of a law  (6) A reference in paragraph (2)(g) to a contravention of a law is a reference to a contravention for which a person may be liable to:  (a) a criminal penalty; or  (b) a civil or administrative penalty. 110ZHP  Authorisation to disclose intelligence information  (1) The Defence and Veterans’ Services Commissioner may disclose intelligence information (including personal information) to an entity specified in subsection (2) if:  (a) the information was given to the Commissioner in accordance with a notice under section 110ZGC or 110ZGE, or in accordance with section 110ZGN or 110ZGP; and  (b) except in the case of a disclosure to the Inspector‑General of Intelligence and Security—the information relates, or may relate, to the commission, or evidence of the commission, of an offence against a law of the Commonwealth, a State or a Territory; and  (c) in any case—the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers.  (2) The entities are the following:  (a) the Australian Federal Police;  (b) the police force of a State or Territory;  (c) the Australian Crime Commission;  (d) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);  (e) the Inspector‑General of Intelligence and Security;  (f) an agency or body, or the holder of an office that is prescribed by the rules for the purposes of this paragraph. Consultation requirement  (3) Before disclosing intelligence information under subsection (1) to an entity other than the Inspector‑General of Intelligence and Security, the Commissioner must consult the following:  (a) the person mentioned in subsection (4) for the entity;  (b) the head of the Australian intelligence entity to which the information relates.  (4) For the purposes of paragraph (3)(a), the person for the entity is as follows:  (a) for the Australian Federal Police—the Commissioner of Police;  (b) for the police force of a State or Territory—the head (however described) of the police force of the State or Territory;  (c) for the Australian Crime Commission—the Chief Executive Officer of the Australian Crime Commission;  (d) for the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022)—the National Anti‑Corruption Commissioner;  (e) for an agency or body, or the holder of an office, that is prescribed by the rules for the purposes of paragraph (2)(f)—the person holding, or performing the duties of, the principal office in respect of the body or agency that is prescribed by the rules for the purposes of this paragraph.  (5) For the purposes of paragraph (3)(a), the consultation must cover the protection of the intelligence information while it remains in the entity’s possession. Matters to which Commissioner must have regard in disclosing information  (6) In disclosing intelligence information under subsection (1), the Commissioner:  (a) must have regard to any matter set out in an arrangement entered into with the head of the Australian intelligence entity to which the information relates; and  (b) may have regard to any other matter the Commissioner considers relevant. 110ZHQ  No criminal or civil liability under secrecy provisions Information provided in accordance with notices  (1) A person who is served with a notice under section 110ZGC (summons) or 110ZGE (Commissioner may require information etc.) does not commit an offence, and is not liable to any penalty, under a secrecy provision because the person:  (a) answers a question at a hearing that the Commissioner requires the person to answer; or  (b) gives information or a statement that the person is required to give in accordance with the notice; or  (c) produces a document or thing that the person is required to produce in accordance with the notice. Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code. Information disclosed under section 110ZGN or 110ZGP  (2) A person who discloses information under section 110ZGN or 110ZGP does not commit an offence, and is not liable to any penalty, under a secrecy provision because the person disclosed information in accordance with section 110ZGN or 110ZGP. Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. Division 5—Defence and Veterans’ Services Commissioner 110ZJA  The Defence and Veterans’ Services Commissioner   There is to be a Defence and Veterans’ Services Commissioner. 110ZJB  Functions of the Defence and Veterans’ Services Commissioner  (1) The Defence and Veterans’ Services Commissioner has the following functions:  (a) to monitor, inquire and report on (including with evidence‑based findings and recommendations) on the following:  (i) data and trends regarding suicide and suicidality among serving and ex‑serving ADF members;  (ii) systemic factors relating to the Commonwealth’s administration of policies, programs, systems and practices that contribute to suicide and suicidality among serving and ex‑serving ADF members;  (iii) the state of the defence and veteran ecosystem, as it relates to the prevention of suicide and suicidality;  (iv) the Commonwealth’s implementation of the recommendations of the Defence and Veteran Suicide Royal Commission, including progress, impact and outcomes;  (b) to conduct research and inquire into, and report and advise on, specific matters as requested by the Minister under section 110ZFB;  (c) to conduct inquiries into the Commonwealth’s implementation of the Government’s response to the recommendations of the Defence and Veteran Suicide Royal Commission under section 110ZFC;  (d) to improve supports for serving and ex‑serving Australian Defence Force members;  (e) to collaborate with coroners to understand issues contributing to defence and veteran deaths by suicide;  (f) to promote understanding of suicide risks for defence members and veterans and factors that can improve the wellbeing of defence members and veterans, including through engaging with people with lived experiences and promoting that lived experience;  (g) any other function conferred on the Commissioner by this Act or any other law of the Commonwealth.  (2) To avoid doubt, the following are not functions of the Commissioner:  (a) to make findings of civil or criminal wrongdoing;  (b) to make findings on the manner or cause of death in relation to a death of a defence member or suspected suicide;  (c) to monitor or inquire into a single exercise of a power, or a single performance of a function or duty.  (3) In performing the Commissioner’s functions, the Commissioner must have regard to the need to avoid prejudicing current or future criminal or civil proceedings or other contemporaneous inquiries. Note: An example of a contemporaneous inquiry is a contemporaneous inquiry conducted by the Inspector‑General ADF under section 110C of this Act.  (4) The Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Commissioner’s functions. 110ZJC  Powers of the Defence and Veterans’ Services Commissioner   The Defence and Veterans’ Services Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Commissioner’s functions under this Act or any other law of the Commonwealth. 110ZJD  Independence   Subject to this Act and to other laws of the Commonwealth, the Defence and Veterans’ Services Commissioner:  (a) has complete discretion in the performance of the Commissioner’s functions and the exercise of the Commissioner’s powers; and  (b) is not subject to direction by any person in relation to the performance of those functions or the exercise of those powers. Note: The Commissioner must comply with a request by the Minister under section 110ZFB to inquire into or advise on specific matters. 110ZJE  Appointment of Defence and Veterans’ Services Commissioner  (1) The Defence and Veterans’ Services Commissioner is to be appointed by the Minister by written instrument. Note: The Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.  (2) The Commissioner is to be appointed on a full‑time basis.  (3) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.  (4) Before appointing a person as the Commissioner, the Minister must be satisfied that the person has suitable qualifications, training or experience. 110ZJF  Remuneration of Defence and Veterans’ Services Commissioner  (1) The Defence and Veterans’ Services Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the rules.  (2) The Commissioner is to be paid the allowances that are prescribed by the rules. 110ZJK  Rules in relation to the Defence and Veterans’ Services Commissioner   The rules may make provision for, or in relation to the following:  (a) acting appointments;  (b) leave of absence;  (c) engaging in paid work outside the duties of the Commissioner’s office without the Minister’s approval;  (d) disclosure of interests;  (e) resignation;  (f) termination of appointment. 110ZJL  Other terms and conditions   The Defence and Veterans’ Services Commissioner holds office on the terms and conditions (if any) that are determined by the Minister in relation to matters not covered by this Act or the rules. Division 6—Defence and Veterans’ Services Commission 110ZKA  Defence and Veterans’ Services Commission  (1) The Defence and Veterans’ Services Commission is established by this section.  (2) The Commission consists of:  (a) the Defence and Veterans’ Services Commissioner;  (b) the staff of the Commission referred to in section 110ZKD. Application of the Finance Law  (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):  (a) the Defence and Veterans’ Services Commission is a listed entity; and  (b) the Defence and Veterans’ Services Commissioner is the accountable authority of the Commission; and  (c) the following persons are officials of the Commission:  (i) the Defence and Veterans’ Services Commissioner;  (ii) the staff of the Commission referred to in section 110ZKD;  (iii) the persons assisting referred to in section 110ZKE; and  (iv) consultants engaged under section 110ZKF; and  (d) the purposes of the Defence and Veterans’ Services Commission include:  (i) the functions of the Commission referred to in section 110ZKB; and  (ii) the functions of the Defence and Veterans’ Services Commissioner referred to in section 110ZJB. 110ZKB  Functions of the Defence and Veterans’ Services Commission   The Defence and Veterans’ Services Commission’s function is to assist the Defence and Veterans’ Services Commissioner in the performance of the Commissioner’s functions under this Act or any other law of the Commonwealth. 110ZKC  Powers of the Defence and Veterans’ Services Commission   The Defence and Veterans’ Services Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Defence and Veterans’ Services Commissioner’s functions under this Act or any other law of the Commonwealth. 110ZKD  Staff  (1) The staff of the Defence and Veterans’ Services Commission are to be persons engaged under the Public Service Act 1999.  (2) For the purposes of the Public Service Act 1999:  (a) the Defence and Veterans’ Services Commissioner and the staff of the Defence and Veterans’ Services Commission together constitute a Statutory Agency; and  (b) the Defence and Veterans’ Services Commissioner is the Head of that Statutory Agency. 110ZKE  Persons assisting  (1) The Commissioner may be assisted by:  (a) officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth, whose services are made available to the Commissioner in connection with the performance of any of the Commissioner’s functions; and  (b) persons whose services are made available under arrangements made under subsection (2).  (2) The Commissioner may, on behalf of the Commonwealth, make an arrangement with the appropriate authority or officer of:  (a) a State or Territory government; or  (b) a State or Territory government authority; under which the government or authority makes officers or employees available to the Commissioner to perform services in connection with the performance of any of the Commissioner’s functions.  (3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person to whom the arrangement relates.  (4) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner. 110ZKF  Consultants  (1) The Defence and Veterans’ Services Commissioner may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Defence and Veterans’ Services Commission’s functions.  (2) The consultants are to be engaged on the terms and conditions that the Commissioner determines in writing. Division 7—Other provisions 110ZLA  Other matters   The rules may make provision for, or in relation, to the following:  (a) delegation by the Defence and Veterans’ Services Commissioner of powers and functions under this Part;  (b)  reporting by the Defence and Veterans’ Services Commissioner or the Defence and Veterans’ Services Commission in relation to performance of functions and exercise of powers under this Part. 110ZLB  Eligible judges  (1) In this Part: eligible Judge means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force. Judge means a person who is a Judge of a court created by the Parliament.  (2) A Judge may by writing consent to be nominated by the Attorney‑General under subsection (3).  (3) The Attorney‑General may by writing declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Part. 110ZLC  Protection of Commissioner, legal practitioners, eligible Judges and witnesses  (1) The Commissioner has, in the performance or exercise of functions or powers under this Part, the same protection and immunity as a Justice of the High Court.  (2) A legal practitioner assisting the Commissioner or appearing on behalf of a person at a hearing before the Commissioner has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.  (3) An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Part, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.  (4) Subject to this Part, a person appearing as a witness at a hearing, or giving or producing information, evidence, a statement, a document or thing under section 110ZGC or 110ZGE, has the same protection as a witness in proceedings in the High Court. 110ZLD  Rules  (1) The Minister may, by legislative instrument, make rules prescribing matters:  (a) required or permitted by this Part to be prescribed by the rules; or  (b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.  (2) To avoid doubt, the rules may not do the following:  (a) create an offence or civil penalty;  (b) provide powers of:  (i) arrest or detention; or  (ii) entry, search or seizure;  (c) impose a tax;  (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Part;  (e) directly amend the text of this Part. 110ZLE  Review of the operation of this Part  (1) The Minister must cause an independent review of the operation of this Part to be undertaken as soon as practicable after the end of the period of 36 months after the commencement of this Part.  (2) Without limiting subsection (1), the review must consider:  (a) the effectiveness of the functions and powers of the Defence and Veterans’ Services Commissioner and the Defence and Veterans’ Services Commission to achieve the objects of this Part; and  (b) whether it would be appropriate to provide for the future operation of the Defence and Veterans’ Services Commissioner and the Defence and Veterans’ Services Commission in standalone legislation.  (3) The persons who undertake the review must give the Minister a written report of the review within 6 months of the commencement of the review.  (4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister. Part IX—Legal procedure   111  Subscription, arms etc. vested in commanding officer  (1) For the purposes of legal proceedings, all moneys subscribed by or for or otherwise appropriated to the use of any corps or part thereof, or ship’s company or part thereof, or air‑force unit or station or part thereof, and all arms, ammunition, accoutrements, clothing, musical instruments, or other things, belonging to or used by any corps or part thereof, or ship’s company or part thereof, or air‑force unit or station or part thereof, and not being the private property of a member of the corps or ship’s company or air‑force unit or station, as the case may be, shall be deemed to be the property of the commanding officer of the corps or ship’s company or air‑force unit or station, as the case may be.  (2) For the purposes of this section, corps includes unit. 111A  Property of Rifle Club vested in Captain   For the purposes of legal proceedings, all arms, ammunition, or other military articles, belonging to or used by any Rifle Club, shall be deemed to be the property of the Captain of the Rifle Club. Part IXAA—Performing work for or providing training to a foreign military organisation or government body