42Private hearings

42  Private hearings

Disclosure of operationally sensitive information

 (1) Despite subsection 41(2), a hearing, or part of a hearing, must be held in private if the Commissioner is satisfied that a person appearing at the hearing may give evidence that discloses operationally sensitive information.

Disclosure of intelligence information

 (2) Despite subsection 41(2), a hearing, or part of a hearing, must be held in private if:

 (a) the Commissioner is satisfied that a person appearing at the hearing may give evidence that discloses intelligence information; and

 (b) the conduct of the hearing is consistent with an arrangement entered into for the purposes of subsection 46(1) with the Australian intelligence entity to which the information relates.

Disclosure of information that is personal

 (3) Despite subsection 41(2), a hearing, or part of a hearing, may be held in private if the Commissioner is satisfied that:

 (a) information relating to:

 (ii) a veteran’s lived experience with a suicide risk;

  may be disclosed at the hearing; and

 (b) the information is personal and private.

Public interest

 (4) Despite subsection 41(2), a hearing, or part of hearing, may be held in private if the Commissioner is satisfied that it is in the public interest to do so.

Commissioner must have regard to certain matters when considering whether to hold private hearings

 (5) When considering whether to hold a hearing, or part of a hearing, in private because of subsection (3) or (4), 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, security or oversight body; 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.