Staff FAQs
How can I get more information about the Royal Commission?
Information about the Royal Commission is available on their website at the followin
g link.
As the Royal Commission has now commenced the Government remains completely independent of
the process and your inquiries should be forwarded to the Royal Commission directly. The Royal
Commission website allows for all interested parties to subscribe to their mailing lis
t here.
Submissions can now be made to the Royal Commission website either through an
online form or a
paper version can be downloaded via th
is link and mailed to:
GPO Box 3273, Sydney NSW 2001.
If you have any issues making a submission or you would like the submission form posted to you,
then you can ring the Royal Commission on 1800 329 095 between 09:00 and 19:00 AEST Monday to
Friday, excluding public holidays.
Impact on the work of the Department
What is the role of DVA’s Royal Commission Taskforce?
A dedicated DVA Royal Commission Taskforce has been established and funded to support DVA's
work to respond to and support the Royal Commission. This will include, for example:
• working with business areas to prepare responses to requests from the Royal Commission
to produce DVA records and provide other evidence;
• preparing DVA submissions to the Royal Commission;
• attending and monitoring hearings;
• supporting DVA participation in roundtable discussions; and
• supporting DVA witnesses giving evidence before the Royal Commission; and
The Taskforce will also coordinate support to ensure that any DVA staff who may be required to give
evidence to the Royal Commission, or are otherwise impacted, receive the appropriate information
and support.
Wil my workload be affected by the Royal Commission?
From time to time, there wil be a need for staff to support the DVA Royal Commission Taskforce. If
this situation arises in your team, your manager will look at the workload across the team and
ensure that reasonable adjustments are made.
The senior leadership group will seek additional resources to support affected areas as required.
What wil happen to the information that has already been provided to the Interim National
Commissioner for Defence and Veteran Suicide Prevention through the Requests for Information
(RFIs)?
The Royal Commission wil be able to exercise compulsory powers under the
Royal Commissions Act
1902 (Cth) to compel any individual, agency or organisation to produce documents or information to
it.
This means the Royal Commission will be able to request copies of responses and documents that
DVA has already provided to the Interim National Commissioner from DVA or the Interim National
Commissioner.
The Government intends that the Royal Commission and the National Commissioner for Defence
and Veteran Suicide Prevention will operate in a complementary way to achieve meaningful, long
term change.
What is a Notice to Give (NTG)?
A NTG is a notice utilised by a Royal Commission (RC) to obtain specific information typically in the
form of responses to questions from the Department.
These notices may include a list of specified individuals or groups who are required to provide
responses, including statements and responses to questions about policies, programs or events. The
Department is legally obligated to comply with NTGs and provide responses and information where
possible to the RC by a specific date.
What is a Notice to Produce (NTP)?
A NTP is a notice utilised by a Royal Commission (RC) to obtain any document or information
specified in the NTP.
Documents that are requested can include client files, internal emails or other materials held by the
Department. The Department is legal y obligated to comply with NTPs and provide al requested
documents where possible to the RC by a specific date.
How will the Royal Commission work be balanced with current priorities and workloads?
A DVA Royal Commission Taskforce has been established to ensure that DVA can focus on
supporting veterans and their families during the course of the Royal Commission. This team is led
by Traci-Ann Byrnes, First Assistant Secretary.
As formal notices and other requests come into DVA, the Taskforce will internally coordinate and
manage the preparation of responses and col ation of documents to be produced. This wil require
prompt and comprehensive input and support from different business areas.
Is there some work we wil stop progressing in order to support the Royal Commission?
The aim of establishing a dedicated DVA Taskforce to support the Royal Commission is to ensure that
our core business continues. This includes processing claims promptly, continuing all our veterans'
mental health and wellbeing programs, service delivery and transformation initiatives.
The Taskforce and senior management wil work hard to ensure that the requirements of the Royal
Commission are handled as efficiently as possible.
Hearings, Private Sessions and Witnesses
How does a Royal Commission gather evidence, and conduct private sessions and public hearings?
A Royal Commission is an investigation process to gather evidence and information in order to make
findings and recommendations about the issues identified in the Terms of Reference.
The process of gathering evidence and information can occur in a variety of ways. Typically, the
Royal Commission will hold public and private hearings to gather evidence to assist in its
investigation. People who volunteer or who are compelled to give evidence at those hearings are
called witnesses.
Although a Royal Commission operates within a legal framework, it is not a court and does not
resolve legal disputes or make determinations on the legal rights or liabilities of persons. Though it
looks a lot like a court and hearings are usually held in a court room with judges, lawyers and
barristers, a Royal Commission’s sole function is to investigate, collect information and provide
recommendations to governments and institutions.
Royal Commission hearings are much more flexible than courts. They are not bound by rules of
evidence, witnesses can be directly questioned by Commissioners and procedures can be relaxed to
accommodate the needs of witnesses.
It is important to appreciate that the Royal Commission will receive a vast amount of evidence and
information. Some of the information received may suggest or allege some form of wrongdoing on
the part of individuals. A Royal Commission will not usually comment on whether an allegation is
true or false or if someone is guilty or innocent. That is a function for the courts. However, it is not
uncommon for a Royal Commission to pass evidence on to police in order to assist a criminal
investigation where relevant and appropriate to do so.
Private Sessions
Private sessions are usually reserved for witnesses that provide evidence directly to a Royal
Commission in their personal capacity. For example, it is possible that this Royal Commission may
allow serving ADF members, veterans and their families to give evidence (to tell their story) in
private. The Royal Commission will have procedures in place to decide which of those witnesses will
go on to provide their evidence in a public hearing.
This process provides individuals the opportunity to share their story in a protected and supportive
environment. There are certain protections under the Royal Commissions Act
1902 (Cth) for this
process and for the information obtained as part of that process.
Public Hearings
Being a public inquiry, a Royal Commission will hold public hearings. Each hearing will often have
one key focus. For example, a hearing can focus on a specific program, a certain institution, a
particular policy issue or concentrate on a systemic issue raised during private sessions. This means
that people called to give evidence (to be a witness before the Royal Commission) are likely to
include current serving ADF members, veterans, families, APS staff and other interested parties.
Public hearings of a Royal Commission are usually recorded and streamed live through the Royal
Commission’s website. Royal Commissions will often make transcripts of its hearings available on its
website. The infrastructure of a Royal Commission varies and will impact on how hearings are held.
Witnesses
Who can be cal ed to give evidence?
Anybody can be called to give evidence at a Royal Commission. Of relevance to DVA, the Royal
Commission is likely to identify witnesses within DVA who can explain policy, programs and
decisions, and provide appropriate context for documents and information produced to the Royal
Commission. In previous Royal Commissions, this has generally been SES staff.
People outside the APS can also be called to give evidence. Where appropriate, certain protections
are available for witnesses giving evidence to Royal Commissions, such as protecting a witness'
identity.
Can I be cal ed in regard to an individual case?
In previous Royal Commissions, government witnesses have mostly been SES personnel.
However, any member of staff can be called as a witness to the Royal Commission to talk about their
involvement in a particular area of DVA business or in a particular case. Through the Taskforce, DVA
will support DVA witnesses to contribute to the Royal Commission’s work, making sure that anybody
who is cal ed to give evidence is wel prepared and supported throughout the process.
What about people who have left the Department? Can they be cal ed as witnesses?
Yes. DVA wil support these witnesses through the process, just as we will support current DVA staff.
Can I be held accountable?
Generally speaking, Royal Commissions seek to understand the systemic factors that contribute to
an issue, and make findings and recommendations at that level. Royal Commissions do not exercise
judicial power, including determining the civil or criminal liability of a person.
The Royal Commissions Act
gives the Royal Commission the power to communicate to certain
authorities (for example the Australian Federal Police or a State or Territory police force)
information or evidence collected during the inquiry that relates or may relate to a breach of a
Commonwealth, State or Territory law for which a person could be liable for a criminal or civil
penalty.
However, statements made by a witness cannot be used against the witness in any subsequent civil
or criminal proceedings unless it is to prove an offence under the
Royal Commissions Act 1902 (Cth)
All APS staff are required to adhere to the APS Values and Code of Conduct. This is the case for al
work undertaken in the course of APS employment and does not change in the context of a Royal
Commission.
I’m concerned about giving evidence. Wil I get support?
Yes. The Taskforce will make sure that any DVA staff who are called to give evidence or appear
before the Royal Commission, are wel prepared and supported throughout the process. Further
information will be provided regarding support and assistance shortly. If you have any specific
concerns or questions in the meantime, please email the Royal Commission Taskforce.
Publicity FAQs
Royal Commissions can create concern in the community and sometimes negative media. How wil
we deal with this?
If you are feeling the impact of negative media or community concerns, please talk to your
supervisor or reach out for support.
Should you or your immediate family need support, please call our Employee Assistance Program
(EAP) on 1300 360 364. Non-APS staff can access EAP services from their company or labour hire
provider where applicable.
Further consideration is being given to dedicated training and support options for staff as relevant.
Document Outline