The Yoorrook Justice Commission will be empowered to issue record-orders that close or restrict access to certain records of evidence given by First Peoples to the Commission once it finishes its work. Such closure or restriction orders may apply for up to 99 years after the Commission winds up.

The Public Records Act 1973 will be amended to give effect to those record-orders (so public records laws will recognise the Commission’s power to restrict access).

The Inquiries Act 2014 will be amended to clarify how records produced by a royal commission, board of inquiry or formal review (including the Yoorrook Commission) should be treated after the inquiry is wound down.

The powers to restrict access apply only to records of evidence contributed by First Peoples (i.e., persons who identify as First Peoples) to the Yoorrook process — other records (such as final reports or government-organisation evidence) remain publicly accessible.

The exemptions from public access (including from the Freedom of Information Act 1982 in relation to those records) will take effect once the Commission finishes its work and ceases, to ensure that First Peoples’ preferences around confidentiality and data sovereignty are respected.