Have you received a 'notice to produce' from the Disability Royal Commission?
This factsheet is about what it means if you get a 'notice to produce', and the legal protections it gives you.
Get protection for a submission
There are a few different ways to share your story with the Disability Royal Commission.
If you are thinking about making a submission (a record of your story) to the Disability Royal Commission, there may be reasons you want to protect yourself and your story. One way to get extra legal protections is by asking the Disability Royal Commission to send you a 'notice to produce' for your submission.
You should get legal advice about asking for a notice to produce. Your Story Disability Legal Support can give you this advice and support you to contact the Disability Royal Commission to ask for a notice to produce.
There are lots of things you might be thinking about when you decide how you want to share your story. You may also like our factsheet Protecting your story when you share it with the Disability Royal Commission.
What is a notice to produce?
A notice to produce is a legal document that requires you to give the information or documents it lists to the Disability Royal Commission. The notice to produce will say when and where you need to give the information or documents.
It is important you get legal advice if you receive a notice to produce. A lawyer will support you to respond. This is important because:
- it is an offence not to comply with a notice to produce once you receive it
- if you respond to a notice to produce correctly you will get extra protections. These protections come from the Royal Commissions Act 1902 (Cth).
Summary of legal protections offered by a notice to produce
- The Disability Royal Commission can direct that your information or documents should not be published at all or can only be published in a particular way.
A person who publishes your information or documents could get a fine of up to $2000 or go to jail for up to 1 year.
- Your response cannot be used as evidence against you in any civil or criminal case in any court.
- No one can cause any hurt, punishment, damage, loss or disadvantage to you for responding to a notice to produce.
A person who causes you any hurt, punishment, damage, loss or disadvantage could get a fine of up to $1000 or go to jail for 1 year.
- No one can dismiss you from your job, or disadvantage you in your job, for responding to a notice to produce.
A person who dismisses you from your job, or disadvantages you in your job, could get a fne of up to $1000 or go to jail for 1 year.
Note: This does not apply if you were dismissed or disadvantaged for some reason other than responding to a notice to produce.
How do these legal protections and penalties work?
You get these legal protections when you respond to a notice to produce.
If you, or someone you know, has been hurt or disadvantaged because you have responded to a notice to produce, you can choose whether to report it. Your Story can discuss your options with you.
I have more questions
Call us on 1800 77 1800 for legal advice.
Your Story Disability Legal Support is free, independent and separate from the Disability Royal Commission. We will not pass your information to the Disability Royal Commission unless you agree. We also won't tell anybody what you tell us, unless you want us to.
Disclaimer: This information is intended as a general guide. It should not be relied on as legal advice and we recommend you talk to a lawyer about your particular situation.
Call 1800 77 1800 or visit www.yourstorydisabilitylegal.org.au
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Publication date: 17/11/2023
Publication type: factsheet
Language: English,