Senate committee evidence, parliamentary privilege and Royal Commissions

Misconduct in the Banking, Superannuation and Financial Services Industry

Aged Care Quality and Safety

If I have given evidence to Senate committee inquiries, how does that affect evidence I might give to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry and the Royal Commission into Aged Care Quality and Safety?

Royal Commissions have access to all of the published evidence and information received by Senate committee inquiries. However, because of the law of parliamentary privilege, there are some limitations on the use Royal Commissions can make of this evidence. For example, people cannot be directly questioned on their parliamentary evidence but Royal Commissions can use this material to develop lines of inquiry, follow up things and independently pursue inquiries.

Royal Commissions cannot access the unpublished or in camera (confidential) material received by Senate committees unless the Senate makes a specific decision to provide this material to a Royal Commission. If you provided a submission to a Senate committee that the committee treated as confidential, you should not provide a Royal Commission with a copy of your actual submission. However, you are free to prepare a new document for a Royal Commission providing the same information you gave to a Senate committee.

If you provided a Senate committee with documents that had a prior existence (for example your records from an institution) you can provide those documents to a Royal Commission which can use them to help it investigate matters and question witnesses.

If you require further information please contact the Senate Committee Office on 02 6277 3555 or at seniorclerk.committee.sen@aph.gov.au.

Further information about the Financial Services Royal Commission is available at: https://financialservices.royalcommission.gov.au/Pages/default.aspx

Further information about the Aged Care Quality and Safety Royal Commission is available at: https://agedcare.royalcommission.gov.au/Pages/default.aspx

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