In most cases, your identity, and anything you share during a private session or write about in a submission, can be kept private and confidential if you ask, even after the Disability Royal Commission is over. This includes anything you give to the Royal Commission in writing or other formats before or after your private session.
PWDA and our allies recently ran a successful campaign to have submissions sealed even after the end of the Royal Commission. Now that the law has been changed, nobody will be able to access your confidential information with a freedom of information request. You can find out more in this blog post.
In some very specific circumstances, for example if an Australian law has been broken, the Disability Royal Commission may consider it appropriate to give some of the information you provide to the police. It’s still a good idea to get legal advice before taking part in the Disability Royal Commission. You can get free, independent legal support from Your Story Disability Legal Support.
Confidentiality Clauses and Defamation
If you are worried that what you want to say in a submission or private session may break a confidentiality clause, or if you are worried about being accused of defamation, you can talk to the Disability Royal Commission about sending you a “Notice to Produce”.
If the Disability Royal Commission has sent you a notice to produce, the information you give in response cannot be used as evidence against you in any civil or criminal proceedings in Australia, and legal action cannot be taken against you for sharing that information with the Disability Royal Commission.
Contact details for the Disability Royal Commission can be found here.
(Important: Information on this website should not be considered legal advice. Free legal advice for people who want to speak to the Disability Royal Commission can be found here.)
