26 September 2023

Attorney-General issues paper on legal secrecy

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The Attorney-General’s Department (AGD) has launched a consultation paper, inviting comment as part of its review of secrecy provisions in Commonwealth laws.

Releasing its consultation paper Review of Secrecy Provisions the Department said it was seeking views on the operation of secrecy offences in Commonwealth laws, including views on the framing of general and specific offences.

“While general secrecy offences in the Criminal Code were updated in 2018, multiple reviews have raised concerns about the number, inconsistency, and complexity of specific secrecy offences in a range of Commonwealth laws,” the Department said.

It said AGD was seeking views on the suitability and appropriate framing of the general and specific secrecy offences in Commonwealth legislation.

“The Department welcomes comments on any aspect of secrecy offences to inform the Department’s final report to Government,” AGD said.

“In addition to seeking public submissions, the Department is also consulting with other Commonwealth Government Departments in relation to specific secrecy offences and non-disclosure duties within each portfolio,” it said.

“Further, the Department has undertaken consultations on the adequacy of protections for individuals who provide information to Royal Commissions.”

AGD said secrecy provisions interacted with a range of other statutory regimes that governed disclosure and protection of Government information.

It noted that other consultation processes, relevant but separate to the Secrecy Provisions Review, had also been announced.

“This includes consultations on reforms to the Public Interest Disclosure Act 2013 to support public sector whistleblowers, and consultations to inform the Government response to the report of the review of the Privacy Act 1988,” the Department said.

“Separate information about these consultations is available on the Department’s website.”

AGD said feedback on its consultation paper would be open until 5 May.

The Department’s 40-page consultation paper can be accessed at this PS News link.

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