Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
National Commissioner for Defence and Veteran Suicide Prevention (Consequential Amendments) Bill 2020

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

2019-2020

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

National Commissioner for Defence and Veteran Suicide Prevention (Consequential Amendments) Bill 2020

 

 

(1)     Schedule 1, page 3 (before line 3), before the heading specifying Freedom of Information Act 1982 , insert:

Archives Act 1983

1A  After section 22

Insert:

22AA   Records of the National Commissioner for Defence and Veteran Suicide Prevention

             (1)  Sections 27 and 28 do not apply in relation to a National Commissioner record that is required to be readily available for the purposes of the National Commissioner for Defence and Veteran Suicide Prevention.

             (2)  The Archives is not, except in accordance with a direction under subsection (3), entitled to have access to, or to the care of, a National Commissioner record that:

                     (a)  ceases to be a current Commonwealth record at a particular time; and

                     (b)  was required up until that time to be readily available for the purposes of the National Commissioner for Defence and Veteran Suicide Prevention.

             (3)  National Commissioner records to which paragraphs (2)(a) and (b) apply must, subject to an arrangement under section 42 of the National Commissioner Act, be kept in such custody as the Minister administering that Act directs.

Note:          Arrangements under section 42 of the National Commissioner Act are about obtaining and protecting intelligence information (within the meaning of that Act).

             (4)  Without limiting subsection (3), a direction under that subsection may provide for the Archives to have access to, or to have the care of, a National Commissioner record to which paragraphs (2)(a) and (b) apply.

             (5)  A direction given by the National Commissioner for Defence and Veteran Suicide Prevention prohibiting the publication of any document or matter does not apply to the provision of public access under this Act to any records that are in the open access period or to the publication by any person of any records that are available for public access in accordance with this Act.

             (6)  In this section:

National Commissioner Act means the National Commissioner for Defence and Veteran Suicide Prevention Act 2020 .

National Commissioner record means a record that is created or obtained for the purposes of the National Commissioner Act by:

                     (a)  the National Commissioner for Defence and Veteran Suicide Prevention; or

                     (b)  a member of the staff assisting the Commissioner as mentioned in section 14 of that Act.

[Archives]