Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:9_110zfe
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 9 cl 110ZFE
Character Range: 488788–490868

110ZFE  Private hearings

Disclosure of information that is personal
 (1) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private if the Defence and Veterans' Services Commissioner is satisfied that:
 (a) information relating to:
 (i) a deceased person or the family, friends or associates of a deceased person; or
 (ii) a defence member or veteran's lived experience with a suicide risk;
  may be disclosed at a hearing; and
 (b) the information is personal and private.

Disclosure of operationally sensitive information
 (2) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private if the Commissioner is satisfied that a person appearing at the hearing may give evidence that discloses operationally sensitive information.
Note: See also section 110ZGG, which requires a person to give notice of likely disclosure of operationally sensitive information to the Commissioner.

Commissioner must have regard to certain matters when considering whether to hold private hearings
 (3) When considering whether to hold a hearing, or part of a hearing, in private because of subsections (1) and (2), the Commissioner must have regard to:
 (a) the potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004), or to the operations of a law enforcement or security agency; and
 (b) whether holding the hearing in private would have a substantial adverse effect on the exercise or performance of the Commissioner's functions or powers; and
 (c) if the Commissioner invites submissions—any submissions received in response; and
 (d) the safety and security of any person; and
 (e) whether legal professional privilege, or any other immunity, privilege or restriction may apply to the disclosure of the information; and
 (f) any other matters the Commissioner thinks relevant.

Other circumstances
 (4) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private in any other circumstances prescribed by the rules.