Independent MLC for Nelson Meg Webb has welcomed the passage of the Commissions of Inquiry Amendment (Private Sessions Information) Bill, which was catalysed by a submission she made in April 2025.
The legislation, which passed the Tasmanian House of Assembly yesterday, seeks to address an unforeseen legal obstacle that prevented victims and survivors from accessing their own personal information provided during private sessions of the Commission of Inquiry. The issue came to light in late 2024 when Webb, advocating for a constituent, discovered that Section 19C of the existing act required third-party consent for the release of private session records, an “untenable situation” that was contrary to the spirit of the Commission’s recommendations.
Media release – Meg Webb MLC, independent Member for Nelson, 9 September 2025
Welcome Reforms to Commission of Inquiry Act Underway
Independent Member for Nelson Meg Webb today welcomed progress of the Commissions of Inquiry Amendment (Private Sessions Information) Bill, passed by the State Lower House yesterday, describing it as providing significant trauma-informed reform to the current Act consistent with recommendations of the Final Report of the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings.
“Passage of this important reform Bill brings us a step closer to addressing obstacles to the provision of personal information of victim-survivors who participated in the recent Commission of Inquiry private sessions, as well as anyone participating in future Commissions of Inquiry,” Webb said.
“The unfortunate obstacle this Bill seeks to address came to light due to work I undertook on behalf of a constituent in late 2024 who sought copies of their personal information provided during private sessions of the recent Commission of Inquiry.
“Despite the State Archive Office being the agreed repository for all Commission records as the appropriate entity to facilitate secure storage, retrieval and access of records independent of government agencies, the first instance of someone seeking access to their own records hit a serious unforeseen legal obstacle under Section 19C of the Commissions of Inquiry Act 1995.”
Webb said provisions of the Act prevented the release of a private session participant’s personal records to them unless any other third parties mentioned also agreed to their release, potentially retraumatising the participant during that process.
“This untenable situation was clearly contrary to the intent of the Commission when it directed that all its records were to be held by the independent State Archives Office in order to facilitate appropriate access to affected person’s personal information.
“I thank the Attorney-General Guy Barnett, his staff and departmental staff for the serious attention provided to this matter when I raised it with them as a matter of urgency last year, and for the subsequent prioritisation of this Bill in the new Parliament.
“I look forward to this important Bill being similarly prioritised for debate in the Upper House when it next sits.
But for now, it is deeply heartening for those brave people who provided deeply personal and traumatic information to the Commission, to know they are one step closer to being able to access those records of that brave action for themselves
See submission made by Meg Webb MLC to the Draft Consultation Bill, 30 April 2025 here.
Media release – Guy Barnett, Attorney-General and Minister for Justice, Corrections and Rehabilitation, 10 September 2025
Critical reforms to assist victim-survivors pass House of Assembly
The Commissions of Inquiry Amendment (Private Sessions Information) Bill 2025 has passed the House of Assembly.
The Bill removes barriers to individuals accessing the information they provided to or for a private session with the Commission of Inquiry.
A private session is a confidential meeting where people can share their experiences with a Commission of Inquiry.
These sessions do not provide ‘evidence’ for a Commission, but are a protected way that a Commission can learn about a matter.
Attorney-General and Minister for Justice, Corrections and Rehabilitation, Guy Barnett, said while these provisions were designed to protect the privacy of individuals, they pose a barrier for people who are trying to access their own information.
“The strict confidentiality and protections around private sessions are designed to encourage people to engage with the Commission and to provide a forum that is less for the people involved,” the Attorney-General said.
“The Commission held more than 120 private sessions across 2021 – 2023, and currently the records of a private session with the Commission cannot be provided to the participant of that session unless they, and any person they spoke or wrote about, consent to that information being disclosed.
“This Bill addresses this records issue by making a minor amendment to the Commissions of Inquiry Act 1995 which provides for an additional exception to the criminal offence of disclosing private sessions information.
“The new exception enables a participant of a private session to record, use or have disclosed to them, their own private session information.
“To protect the identity of any co-participants of a private session, the new exception only allows the full disclosure of private session information where all co-participants involved consent to that occurring.
“This reform is critical for victim-survivors and whistleblowers. It reinforces that it is their choice what they do with their own information, and that they are free to retell their experiences as they wish.
“We will continue to approach legislation with compassion and commonsense, and I look forward to this legislation progressing through the Legislative Council.”
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