Parliamentary Workplace Support Service Act 2023 (Cth)
This is a compilation of the
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Contents
This Act is the
Parliamentary Workplace Support Service Act 2023 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
The whole of this Act | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the first day of the first calendar month to start after the end of that period. | 1 October 2023 (F2023N00347) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The objects of this Act are:
(a) to support safe and respectful workplaces for parliamentarians, MOPS employees and other Commonwealth parliamentary workplace participants; and
(b) to support positive cultural change in those workplaces; and
(c) to provide centralised human resources support to parliamentarians and MOPS employees; and
(d) to promote and enforce compliance by Commonwealth parliamentary workplace participants with the Behaviour Codes.
This Act establishes the Parliamentary Workplace Support Service.
The functions of the PWSS include:
(a) its human resources functions; and
(b) its support function; and
(c) its complaint resolution function; and
(d) its policy development function; and
(e) its education and training functions; and
(g) to monitor, review and evaluate certain matters; and
(h) to prepare and publish reports.
The Independent Parliamentary Standards Commission is also established by this Act.
The functions of the IPSC include:
(a) assisting the Commissioners in the performance of their functions; and
(b) publishing guidance about its functions and the functions of the Commissioners.
The functions of the Commissioners include:
(a) dealing with conduct issues in accordance with Divisions 3 to 6 of Part 2A; and
(b) preparing and publishing IPSC public statements in accordance with Division 7 of Part 2A.
Parliamentarians must comply with certain training requirements, consultation requirements and requests for information under this Act. A failure to comply may result in details of the non‑compliance being published in a public report.
There is to be a Chief Executive Officer of the PWSS. The CEO is responsible for the management of the PWSS and the IPSC, for ensuring that the PWSS performs its functions and for assisting the IPSC and Commissioners to perform their functions and exercise their powers.
This Act also establishes:
(a) the Parliamentary Workplace Support Service Advisory Board, to advise the CEO on matters relevant to the PWSS or CEO; and
(b) the Parliamentary Workplace Support Service Consultative Committee, to enable parliamentarians and MOPS employees to be consulted on matters relevant to the PWSS; and
(c) the Parliamentary Joint Committee on Parliamentary Standards, to oversee the work of the IPSC.
In this Act:
AFP appointee has the same meaning as in theAustralian Federal Police Act 1979 .
Agency Head has the same meaning as in thePublic Service Act 1999 .
before the IPSC : for when a conduct issue isbefore the IPSC , see section 24AD.
Behaviour Code : see section 24AC.
CEO means the Chief Executive Officer of the Parliamentary Workplace Support Service.
Chair Commissioner means the Chair Commissioner appointed under section 36E.
Code commencement day : see section 24AC.
Commissioner means a Commissioner appointed under section 36E and includes the Chair Commissioner.
Commonwealth entity has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
Commonwealth judicial officer means:
(a) a Justice of the High Court; or
(b) a judge or justice of a court created by the Parliament.
Commonwealth parliamentary workplace means:(a) a place in the precincts (within the meaning of the
Parliamentary Precincts Act 1988 ); or
(b) premises provided or paid for under the
Parliamentary Business Resources Act 2017 ; or(c) any other place where a Commonwealth parliamentary workplace participant performs duties as a Commonwealth parliamentary workplace participant
.
Commonwealth parliamentary workplace participant means:
(a) a core participant; or
(b) a non‑core participant.
complainant means:
(a) in relation to a conduct complaint—the person who made the conduct complaint; or
(b) in relation to a conduct issue referral, if the referrer became aware of the conduct issue because of a complaint made to the referrer—the person who made the complaint to the referrer.
conduct complaint : see subsection 24C(3).
conduct issue : see subsection 24AA(1).
conduct issue referral means a referral of a conduct issue under section 24CA or 24CB.
core participant means:
(a) a parliamentarian; or
(b) a MOPS employee; or
(c) a Parliamentary Service employee; or
(ca) the Secretary of a Parliamentary Department; or
(cb) the Parliamentary Librarian; or
(cc) an Agency Head whose predominant place of work as an Agency Head is a place covered by paragraph (a) or (b) of the definition of
Commonwealth parliamentary workplace in this section; or(cd) an AFP appointee whose predominant place of work as an AFP appointee is a place covered by paragraph (a) or (b) of the definition of
Commonwealth parliamentary workplace in this section; or(d) an APS employee whose predominant place of work as an APS employee is a place covered by paragraph (a) or (b) of the definition of
Commonwealth parliamentary workplace in this section; or(e) a person employed by the Commonwealth as a driver to provide the car‑with‑driver transport service known as COMCAR, to the extent the person’s duties relate to parliamentarians; or
(f) a designated worker.
Note:
APS employee is defined in theActs Interpretation Act 1901 .
court/tribunal order has the same meaning as in thePrivacy Act 1988 .
decision‑maker for a conduct issue: see subsection 24CT(2).
designated worker means a worker (within the meaning of theWork Health and Safety Act 2011 ) who:
(a) carries out work in any capacity for a business or undertaking of the Commonwealth constituted by the provision of support to a parliamentarian; and
(b) carries out the work mentioned in paragraph (a) predominantly at a place covered by paragraph (a) or (b) of the definition of
Commonwealth parliamentary workplace in this section; and(c) is not a person covered by paragraphs (a) to (e) of the definition of
core participant in this section.
detriment includes (without limitation) any of the following:
(a) dismissal of an employee;
(b) injury of an employee in their employment;
(c) alteration of an employee’s position to their disadvantage;
(d) discrimination between an employee and other employees of the same employer;
(e) harassment or intimidation of a person;
(f) harm or injury to a person, including psychological harm;
(g) damage to a person’s property;
(h) damage to a person’s reputation;
(i) damage to a person’s business or financial position;
(j) any other damage to a person.
election period : see subsection 6(3).
employer , for a respondent, means:
(a) if the respondent is a MOPS employee—the employing individual (within the meaning of the
Members of Parliament (Staff) Act 1984 ) for the respondent; or(b) otherwise—the person who employs the respondent in the respondent’s capacity as a Commonwealth parliamentary workplace participant.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
entrusted person means:
(a) the CEO; or
(b) a Commissioner; or
(c) a person referred to in section 40A (persons assisting the IPSC); or
(d) a person referred to in section 40B (consultants).
final report means a report prepared under section 24CZ.
identifying information means information that identifies, or is likely to enable the identification of, a person.
independent member means a member of the PWSS Consultative Committee who is not a parliamentarian or a MOPS employee.
investigating Commissioner for a conduct issue: see subsection 24CD(2).
IPSC means the Independent Parliamentary Standards Commission established by section 24B.
IPSC public statement means a statement under Division 7 of Part 2A.
legal practitioner means a barrister, a solicitor, a barrister and solicitor or a legal practitioner of the High Court or of the Supreme Court of a State or Territory.
mandatory education or training program : see paragraph 18(2)(a).
mandatory policy or procedure : see subsection 17(3).
member of the PWSS Advisory Board includes the Chair of the PWSS Advisory Board.
Minister : see section 6A.
MOPS employee means a person who is employed under theMembers of Parliament (Staff) Act 1984 .
non‑core participant means a person, other than a core participant, who performs work (whether or not paid work) predominantly at a place covered by paragraph (a) or (b) of the definition ofCommonwealth parliamentary workplace in this section.
original decision : see subsection 24DD(1).
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
parliamentarian : see section 6.
parliamentarian decision panel for a conduct issue: see subsection 24CS(1).
Parliamentary Department means any of the following:
(a) the Department of the Senate;
(b) the Department of the House of Representatives;
(c) the Department of Parliamentary Services;
(d) the Parliamentary Budget Office.
Parliamentary Joint Committee means the Parliamentary Joint Committee on Parliamentary Standards for the time being constituted under Part 6A.
Parliamentary party means a political party (within the meaning of theCommonwealth Electoral Act 1918 ) at least one member of which is a member of the Parliament of the Commonwealth.
parliamentary sanction , in relation to a member of a House of the Parliament, means:
(a) the suspension of the member for a period of no more than the maximum period for which a member of that House may be suspended under the standing orders of that House; or
(b) the discharge of the member from a committee of one or both Houses of the Parliament; or
(c) a deduction from the member’s annual base salary (within the meaning of the
Parliamentary Business Resources Act 2017 ), by way of fine, of an amount that is more than 2%, but less than 5%, of that salary.
Parliamentary Service employee has the same meaning as in theParliamentary Service Act 1999 .
personal information has the same meaning as in thePrivacy Act 1988 .
post‑Code conduct : see subsection 24AB(2).
pre‑Code conduct : see subsection 24AB(1).
Presiding Officer means:
(a) the President of the Senate or a person covered by paragraph 6(1)(d); or
(b) the Speaker of the House of Representatives or a person covered by paragraph 6(1)(e).
Privileges Committee of a House of the Parliament means the committee of that House responsible for inquiring into matters of privilege.
protected disclosure : see section 24H.
public report means a report under section 22 that is published by the PWSS on its website.
PWSS means the Parliamentary Workplace Support Service established by section 12.
PWSS Advisory Board means the Parliamentary Workplace Support Service Advisory Board established by section 42.
PWSS Consultative Committee means the Parliamentary Workplace Support Service Consultative Committee established by section 57.
PWSS rules means rules made under section 69.
referrer , for a conduct issue referral, means the person who makes the referral.
relevant conduct means:
(a) pre‑Code conduct; or
(b) post‑Code conduct.
respondent for a conduct issue: see subsection 24AA(2).
responsible Commissioner or Commissioners : see section 24AE.
review decision : see subsection 24DD(5).
review panel : see subsection 24DD(1).
Secretary , in relation to a Parliamentary Department, means the Secretary of that Department for the purposes of theParliamentary Service Act 1999 .
sensitive information means information the disclosure of which:
(a) could prejudice the security, defence or international relations of Australia; or
(b) would prejudice relations between:
(i) the Commonwealth Government and the Government of a State or Territory; or
(ii) the Government of a State or Territory and the Government of another State or Territory; or
(c) would involve disclosing:
(i) deliberations or decisions of the Cabinet, or of any committee of the Cabinet, of the Commonwealth or of a State; or
(ii) deliberations or advice of the Federal Executive Council or the Executive Council of a State or the Northern Territory; or
(iii) deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or
(d) could endanger a person’s life or physical safety; or
(e) could prejudice the protection of public safety; or
(f) would prejudice the fair trial of any person or the impartial adjudication of a matter; or
(g) would prejudice the proper enforcement of the law; or
(h) would involve disclosing information whose disclosure is prohibited (absolutely or subject to qualifications) by or under another law of the Commonwealth; or
(i) would involve unreasonably disclosing a person’s personal information; or
(j) would involve unreasonably disclosing confidential commercial information.
serious breach finding , in relation to the respondent for a conduct issue: see paragraph 24CY(1)(d).
serious offence means:
(a) an offence against a law of the Commonwealth, a State or a Territory involving assault or sexual assault; or
(b) any other offence prescribed by the PWSS rules.
staff of the PWSS means the staff described in section 38.
State or Territory law enforcement entity means:
(a) a police force or police service of a State or Territory; or
(b) any other authority or person responsible for the enforcement of the laws of a State or Territory.
support person , for a person, means someone approved as a support person for that person under subsection 24FC(4) or 24FI(2).
vacancy , in relation to the office of a member of the PWSS Advisory Board, has a meaning affected by section 7.
work health and safety law means:
(a) the
Work Health and Safety Act 2011 ; or(b) a corresponding WHS law (within the meaning of that Act).
(1) For the purposes of this Act,
parliamentarian means:
(a) a senator; or
(b) a member of the House of Representatives; or
(c) a Minister of State who is not a senator or member of the House of Representatives; or
(d) a person who is taken to be the President of the Senate under the
Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or(e) a person who is taken to be the Speaker of the House of Representatives under the
Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or(f) a person not covered by any of paragraphs (a) to (e) or (g) who is covered by subsection (2) at a particular time; or
(g) a person not covered by any of paragraphs (a) to (f) who held the office of Prime Minister.
(2) A person is covered by this subsection at a particular time if:
(a) the person was a senator or member of the House of Representatives immediately before an election period; and
(b) the person is a candidate at the election to which the election period relates; and
(c) the time is within the election period.
(3) In this section:
election period , in relation to an election (within the meaning of theCommonwealth Electoral Act 1918 ), means the period:
(a) commencing on the day of issue of the writ for the election; and
(b) ending on the day of the declaration of the poll in the election.
Despite section 19 of the
Acts Interpretation Act 1901 , a reference to “the Minister” in a provision of this Act or the PWSS rules at a particular time is a reference to:
(a) the Special Minister of State, if there is a Minister identified by that title at that time; or
(b) otherwise—the Minister, or any of the Ministers, administering the provision at that time.
Note: A reference to a Minister in paragraph (a) or (b) of this section may include a reference to a person acting for or on behalf of the Minister (see subsection 19(4) of the
Acts Interpretation Act 1901 ).
For the purposes of a reference in:
(a) this Act to a vacancy in the office of a member of the PWSS Advisory Board; or
(b) the
Acts Interpretation Act 1901 to a vacancy in the membership of a body;there are taken to be 4 offices of members of the PWSS Advisory Board in addition to the Chair of the PWSS Advisory Board.
This Act binds the Crown in right of the Commonwealth.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
This Part establishes the Parliamentary Workplace Support Service.
The functions of the PWSS include:
(a) its human resources functions; and
(b) its support function; and
(c) its complaint resolution function; and
(d) its policy development function; and
(e) its education and training functions; and
(g) to monitor, review and evaluate certain matters; and
(h) to prepare and publish reports.
The PWSS may prepare reports about matters relating to the functions of the PWSS, IPSC or CEO. The PWSS must prepare a report each financial year about certain matters, including:
(a) gender and diversity characteristics of parliamentarians and MOPS employees; and
(b) gender equality in relation to remuneration for parliamentarians and MOPS employees; and
(c) the employment of MOPs employees; and
(d) the prevention of, and responses to, relevant conduct.
Parliamentarians must comply with certain training requirements, consultation requirements and requests for information under this Act. A failure to comply may result in details of the non‑compliance being published in a public report.
(1) The Parliamentary Workplace Support Service is established by this section.
Note 1: The PWSS does not have a legal identity separate from the Commonwealth.
Note 2: In this Act,
PWSS means the Parliamentary Workplace Support Service—see section 5.(2) The PWSS consists of:
(a) the CEO; and
(b) the staff of the PWSS referred to in section 38; and
(c) persons whose services are made available to the PWSS under section 39.
The PWSS has the following functions:
(a) its human resources functions (under section 14);
(b) its support function (under section 15);
(c) its complaint resolution function (under section 16);
(d) its policy development function (under section 17);
(e) its education and training functions (under section 18);
(g) to monitor, review and evaluate:
(i) the matters covered by paragraphs 22(2)(a) to (f); and
(ii) other matters relating to any of its other functions;
(h) to prepare and publish reports as mentioned in Division 3;
(i) to make resources and facilities available to the IPSC, the PWSS Advisory Board and the PWSS Consultative Committee;
(j) to assist the CEO in the performance of the CEO’s functions;
(k) such other functions as are conferred on the PWSS by this Act or by any other law of the Commonwealth;
(l) to do anything incidental to, or conducive to, the performance of the above functions.
Note: This subsection does not prevent another Commonwealth entity from performing a function that falls within the functions of the PWSS (including its human resources functions).
The PWSS has the following human resources functions:
(a) to advise and assist current and former parliamentarians in connection with their employment of MOPS employees, or their engagement of designated workers;
(b) to advise and assist current and former parliamentarians in connection with their obligations under:
(i) policies and procedures determined by the PWSS under section 17; and
(ii) the Behaviour Codes that apply to them;
(c) to advise and assist current and former MOPS employees in connection with their employment as MOPS employees, including in connection with their obligations under:
(i) policies and procedures determined by the PWSS under section 17; and
(ii) the Behaviour Codes that apply to them;
(d) to advise and assist current and former designated workers in connection with their engagement as designated workers, including in connection with their obligations under policies and procedures determined by the PWSS under section 17;
(e) without limiting paragraphs (a), (b), (c) and (d)—to provide human resources services to parliamentarians, MOPS employees and designated workers in connection with the following:
(i) the employment of MOPS employees;
(ii) the engagement of designated workers;
(iii) work health and safety matters that arise in connection with the duties of parliamentarians, MOPS employees or designated workers.
(1) The support function of the PWSS is to provide support services to current and former Commonwealth parliamentary workplace participants under subsection (2).
(2) The PWSS may provide support services in relation to alleged relevant conduct to a person who is a current or former Commonwealth parliamentary workplace participant in accordance with the following table:
1 | a core participant | was engaged in by, or affected, the person | in the course of the person performing duties as a core participant |
2 | a non‑core participant | was engaged in by a core participant and affected the person | in the course of the core participant performing duties as a core participant |
3 | a non‑core participant | was engaged in by, or affected, the person |
|
(3) For the purposes of this section, the provision of support services includes the provision of early intervention services.
(1) The complaint resolution function of the PWSS is to provide services to current and former Commonwealth parliamentary workplace participants under subsection (2) to facilitate the independent resolution of complaints involving alleged relevant conduct.
(2) The PWSS may provide services to facilitate the independent resolution of complaints involving alleged relevant conduct to both of the following parties:
(a) one or more current or former Commonwealth parliamentary workplace participants who are alleged to have engaged in relevant conduct (the
first party );(b) one or more current or former Commonwealth parliamentary workplace participants who are affected by the alleged relevant conduct (the
second party );in accordance with the following table:
1 | a core participant | a core participant or a non‑core participant | alleged relevant conduct engaged in in the course of the first party performing duties as a core participant |
2 | a non‑core participant | a core participant or a non‑core participant | alleged relevant conduct engaged in:
|
(2A) If the first party apologises to the second party for the alleged relevant conduct while the PWSS is providing services under this section to the parties, the making of the apology:
(a) is not an admission of fault or liability; and
(b) is not admissible in evidence against the first party in any civil proceedings in respect of the conduct.
(2B) Subsection (2A) does not apply in relation to conduct that would constitute an offence.
(3) It is not a function of the PWSS under this section to:
(a) investigate a complaint; or
(b) make a finding of fact; or
(c) arbitrate any matter.
However, paragraph (a) does not prevent the PWSS from seeking information for the purposes of providing a service mentioned in subsection (2).
(4) For the purposes of this section, the provision of services to facilitate the independent resolution of complaints includes the provision of early intervention services.
(1) The policy development function of the PWSS is to determine policies and procedures:
(a) relating to workforce strategies for the employment of MOPS employees; or
(b) for the purposes of supporting parliamentarians to discharge their obligations in relation to the employment of MOPS employees; or
(c) relating to work health and safety matters that arise in connection with the duties of parliamentarians, MOPS employees or designated workers; or
(d) for the purposes of supporting Commonwealth parliamentary workplaces to be safe and respectful.
(2) It is not a function of the PWSS under subsection (1) to determine a policy or procedure:
(a) that applies only to a specified Commonwealth parliamentary workplace participant; or
(b) for the terms or conditions of employment of a MOPS employee.
(3) A policy or procedure determined under subsection (1) may declare that it is a
mandatory policy or procedure .(4) A parliamentarian must comply with a requirement of a mandatory policy or procedure that applies to the parliamentarian.
Note: The PWSS may take action in relation to a parliamentarian who fails to comply with such a requirement: see Division 4.
(5) A mandatory policy or procedure must be determined by the CEO, by legislative instrument.
(6) Before the CEO determines a mandatory policy or procedure:
(a) the CEO must consult the PWSS Consultative Committee about the proposed mandatory policy or procedure; and
(b) the CEO must have referred the proposed mandatory policy or procedure to the PWSS Advisory Board under section 44; and
(c) one of the following must have occurred:
(i) the PWSS Advisory Board was taken to have approved the proposed mandatory policy or procedure under subsection (4) of that section;
(ii) the PWSS Advisory Board has notified the CEO that it has decided to approve the proposed mandatory policy or procedure.
(7) The PWSS must publish a policy or procedure determined under this section on its website.
(1) The PWSS has the following education and training functions:
(a) to provide and arrange for education of, and for informing, Commonwealth parliamentary workplace participants about:
(i) the functions of the PWSS and the IPSC; and
(ii) work health and safety matters that arise in connection with the duties of parliamentarians, MOPS employees or designated workers; and
(iii) the Behaviour Codes; and
(iv) for parliamentarians and MOPS employees—matters relating to the employment of MOPS employees or establishing and maintaining safe and respectful workplaces;
(b) without limiting paragraph (a)—to provide, or arrange for the provision of, education or training programs to parliamentarians and MOPS employees about matters referred to in that paragraph;
(c) to develop and maintain, and make information available in relation to, a learning and professional development program for MOPS employees.
(2) The CEO may, by legislative instrument, determine:
(a) that a specified education or training program provided under paragraph (1)(b) is a
mandatory education or training program ; and(b) requirements for the completion of a mandatory education or training program.
(3) A parliamentarian must comply with a requirement determined under paragraph (2)(b) that applies to the parliamentarian.
Note: The PWSS may take action in relation to a parliamentarian who fails to comply with such a requirement: see Division 4.
(4) The CEO must not determine under subsection (2) that an education or training program is a mandatory education or training program only for a specified parliamentarian or MOPS employee.
(5) Before the CEO determines a mandatory education or training program or requirements for completing such a program:
(a) the CEO must consult the PWSS Consultative Committee about the proposed program or requirements; and
(b) the CEO must have referred the proposed program or requirements to the PWSS Advisory Board under section 44; and
(c) one of the following must have occurred:
(i) the PWSS Advisory Board was taken to have approved the proposed program or requirements under subsection (4) of that section;
(ii) the PWSS Advisory Board has notified the CEO that it has decided to approve the proposed program or requirements.
Subject to this Act and other laws of the Commonwealth, the PWSS:
(a) has discretion in the performance or exercise of the functions or powers of the PWSS; and
(b) is not subject to direction by any person in relation to the performance or exercise of those functions or powers.
The PWSS has the privileges and immunities of the Crown in right of the Commonwealth.
(1) The PWSS may prepare reports about matters relating to the functions of the PWSS, IPSC or CEO.
(2) Without limiting subsection (1), at least once each financial year, the PWSS must prepare a report that contains information relating to the following:
(a) gender and diversity characteristics of parliamentarians and MOPS employees;
(b) gender equality in relation to remuneration for parliamentarians and MOPS employees;
(c) the employment of persons under the
Members of Parliament (Staff) Act 1984 and the engagement of designated workers;(d) progress in the prevention of, and responses to, alleged relevant conduct that is engaged in:
(i) in the course of a core participant performing duties as a core participant; or
(ii) at places covered by paragraph (a) or (b) of the definition of
Commonwealth parliamentary workplace in section 5;(e) the culture and performance of workplaces covered by paragraph (a) or (b) of the definition of
Commonwealth parliamentary workplace in section 5;(f) work health and safety matters connected with the duties of parliamentarians, MOPS employees and designated workers;
(g) conduct complaints and conduct issue referrals received, and conduct issues dealt with, by the IPSC, including general information about:
(i) the investigation of conduct issues; and
(ii) any actions taken as a result of those investigations.
(3) The PWSS rules may prescribe details about a matter mentioned in any of paragraphs (2)(a) to (g) that must or must not be included in a report required by subsection (2).
(4) The PWSS must publish a report required by subsection (2), and may publish any other report under this section, on its website.
(5) Before the PWSS publishes a report under this section on its website, the PWSS must give each Presiding Officer a copy of the report.
(6) A Presiding Officer of a House of the Parliament must cause a copy of the report to be presented to that House as soon as practicable after the Presiding Officer receives the copy under subsection (5).
(7) The PWSS must not publish the report before a copy of the report has been presented to a House of the Parliament in accordance with subsection (6).
(8) This section does not limit section 46 of the
Public Governance, Performance and Accountability Act 2013 (annual report for Commonwealth entities).(9) A report under this section must not include personal information (subject to section 23).
Note: Information that is de‑identified (within the meaning of the
Privacy Act 1988 ) is not personal information.(10) To avoid doubt, a report under this section is not a periodic report for the purposes of section 34C of the
Acts Interpretation Act 1901 .
(1) This section applies if a parliamentarian:
(a) fails to comply with a request for information under subsection 64(1) within the period specified in the request; or
(b) fails to comply with a provision of the
Members of Parliament (Staff) Act 1984 that requires the parliamentarian to consult with the PWSS before terminating the employment of a MOPS employee; or(c) fails to comply with a requirement determined under paragraph 18(2)(b) (completion of mandatory training or education program) that applies to the parliamentarian.
(2) The CEO may determine that the PWSS will include details about the failure in a public report.
(3) If the parliamentarian is a member of a Parliamentary party, the CEO must inform the Leader of the party of the CEO’s determination before the public report is given to the President of the Senate and the Speaker of the House of Representatives under subsection 22(5).
(4) In considering whether details should be included in a public report, the CEO may have regard to any relevant matter and must have regard to the following:
(a) the nature of the failure and the circumstances in which it occurred;
(b) the reason (if any) given by the parliamentarian for the failure;
(c) any previous failure by the parliamentarian of a kind covered by subsection (1);
(d) the consequences of the failure;
(e) if the failure relates to a person other than the parliamentarian—whether the inclusion of the details would identify the other person;
(f) any submissions made under subsection (5) or (7) in relation to the failure.
Consultation with parliamentarians
(5) Before the CEO makes a determination under subsection (2), the CEO must give the parliamentarian a written notice:
(a) stating that the CEO is proposing for the PWSS to include details about the failure in a public report; and
(b) inviting the parliamentarian to make submissions to the CEO in relation to the proposal within a reasonable period specified in the notice.
(6) The CEO must give the parliamentarian a written notice informing the parliamentarian of the CEO’s decision on the proposal.
Consultation with other persons
(7) If:
(a) the failure relates to a person other than the parliamentarian; and
(b) the inclusion of details about the failure in a public report identifies, or is likely to enable the identification of, the person;
then before the CEO makes a determination under subsection (2), the CEO must give the person a written notice:
(c) stating that the CEO is proposing for the PWSS to include details about the failure in a public report; and
(d) inviting the person to make submissions to the CEO in relation to the proposal within a reasonable period specified in the notice.
(8) The CEO must give the person a written notice informing the person of the CEO’s decision on the proposal.
(1) This section applies if a parliamentarian:
(a) fails to comply with a request for information under subsection 64(1) within the period specified in the request; or
(b) fails to comply with a provision of the
Members of Parliament (Staff) Act 1984 that requires the parliamentarian to consult with the PWSS before terminating the employment of a MOPS employee; or(c) fails to comply with a requirement of a mandatory policy or procedure that applies to the parliamentarian; or
(d) fails to comply with a requirement determined under paragraph 18(2)(b) (completion of mandatory training or education program) that applies to the parliamentarian.
(2) If the parliamentarian is a member of a Parliamentary party, the CEO must inform the Leader of the party of the failure.
This Part establishes the Independent Parliamentary Standards Commission.
The IPSC consists of:
(a) the Commissioners; and
(b) persons made available by the CEO to assist the IPSC to perform its functions.
The functions of the IPSC include:
(a) assisting the Commissioners in the performance of their functions; and
(b) publishing guidance about its functions and the functions of the Commissioners.
The Commissioners are able to investigate conduct issues that arise from a complaint or referral made to the IPSC, or that the Chair Commissioner becomes aware of in any other way.
A conduct issue is an issue of whether a person has engaged in relevant conduct. Relevant conduct means:
(a) pre‑Code conduct, which is certain conduct engaged in by parliamentarians, MOPS employees or non‑core participants before the Behaviour Codes have commenced; or
(b) post‑Code conduct, which is conduct in breach of a Behaviour Code that is engaged in by any Commonwealth parliamentary workplace participant.
If a person is found to have engaged in such conduct, the Commissioners may:
(a) recommend actions to be taken against the person; and
(b) if the person is a current or former parliamentarian—impose sanctions on the person; and
(c) if the person is a current member of a House of the Parliament and a serious breach finding is made—refer the finding to the Privileges Committee of that House.
Division 4 provides for internal reviews of decisions made by Commissioners.
Division 5 deals with the process for referring a serious breach finding to the Privileges Committee of a House of the Parliament.
Division 6 deals with information‑gathering powers, confidentiality notices, and the circumstances in which an entrusted person may record or disclose information.
Division 7 sets out the Commissioners’ power to make public statements about conduct issues that were or are before the IPSC.
Division 8 provides protections and immunities for persons who make complaints about or refer conduct issues, or provide other information, under this Act.
(1) A
conduct issue is an issue of whether a person has engaged in, or is engaging in, relevant conduct.Note: In this Act,
relevant conduct means pre‑Code conduct or post‑Code conduct (see section 5).
(2) The person is the
respondent for the conduct issue.
(1)
Pre‑Code conduct is conduct that:
(a) is engaged in before the Code commencement day; and
(b) consists of any of the following:
(i) sexual assault;
(ii) assault;
(iii) sexual harassment;
(iv) harassment;
(v) another person being bullied at work (within the meaning of the
Fair Work Act 2009 );(vi) unreasonable behaviour towards another person that creates a risk to work health or safety; and
(c) is engaged in by a person (the
first person ) covered by column 1 of an item of the following table; and(d) affects a person (the
second person ) covered by column 2 of that item; and(e) meets the requirements in column 3 of that item.
1 | A parliamentarian or MOPS employee | A parliamentarian, MOPS employee or Parliamentary Service employee | The conduct was engaged in in the course of either the first person or second person performing duties as a parliamentarian, MOPS employee or Parliamentary Service employee (as the case requires) |
2 | A non‑core participant | A parliamentarian, MOPS employee or Parliamentary Service employee | The conduct was engaged in:
|
(2)
Post‑Code conduct is conduct that:
(a) is engaged in on or after the Code commencement day; and
(b) is engaged in by a Commonwealth parliamentary workplace participant; and
(c) constitutes or involves a breach of a Behaviour Code, as in force at the time of the conduct; and
(d) either:
(i) affects a Commonwealth parliamentary workplace participant; or
(ii) does not directly affect another person.
(1) Each of the following is a
Behaviour Code :
(a) a determination, under subsection 13(2) of the
Members of Parliament (Staff) Act 1984 , that a MOPS employee must comply with a code or standard of behaviour (other than the Ministerial Staff Code of Conduct) as a term and condition of employment, as in force from time to time;(b) a code or standard of behaviour for persons in Commonwealth parliamentary workplaces that is approved, from time to time, by a resolution of both Houses of the Parliament.
(2) The
Code commencement day is the first day on which both of the following are in force:
(a) a determination mentioned in paragraph (1)(a);
(b) a code or standard mentioned in paragraph (1)(b).
A conduct issue is
before the IPSC if:
(a) both of the following apply:
(i) the issue arises from a conduct complaint or conduct issue referral made to the IPSC;
(ii) a Commissioner has not yet been assigned to deal with the issue; or
(b) the Chair Commissioner has become aware of, and is considering whether to assign themselves to deal with, the issue; or
(c) any other action is being taken in relation to the issue under this Part.
(1) The
responsible Commissioner or Commissioners for a conduct issue covered by an item of column 1 of the following table are the Commissioners mentioned in column 2 of the item.
1 | A Commissioner has not yet been assigned to deal with the conduct issue | the Chair Commissioner |
2 | A Commissioner has been assigned to deal with the conduct issue, and neither table item 3 nor 4 applies | the investigating Commissioner |
3 | The conduct issue is, or has been, before a parliamentarian decision panel and table item 4 does not apply | a majority of the Commissioners on the parliamentarian decision panel |
4 | The conduct issue is, or has been, before a review panel | a majority of the Commissioners on the review panel |
(2) If a Commissioner who would be covered by column 2 of the table in subsection (1) is no longer a Commissioner, the Chair Commissioner is taken to be that Commissioner.
(1) The Independent Parliamentary Standards Commission is established by this section.
Note 1: The IPSC does not have a legal identity separate from the Commonwealth.
Note 2: In this Act,
IPSC means the Independent Parliamentary Standards Commission (see section 5).(2) The IPSC consists of:
(a) the Commissioners; and
(b) the persons referred to in paragraphs 40A(1)(a) and (b).
The IPSC has the following functions:
(a) to assist the Commissioners in the performance of their functions;
(b) its guidance function (under section 24BB);
(c) such other functions as are conferred on the IPSC by this Act or by any other law of the Commonwealth;
(d) to do anything incidental to, or conducive to, the performance of the above functions.
(1) The guidance function of the IPSC is to develop and publish guidance about:
(a) the functions and powers of the Commissioners; and
(b) the functions of the IPSC.
(2) The guidance must include information about:
(a) the importance of early reporting to the police of relevant conduct that may constitute an offence; and
(b) the consequences of failing to do so on future investigations and prosecutions of such conduct.
The IPSC has the privileges and immunities of the Crown in right of the Commonwealth.
(1) A person may make a complaint to the IPSC if:
(a) the complaint is about alleged post‑Code conduct; and
(b) the person was or is affected by the alleged conduct; and
(c) the person was or is a Commonwealth parliamentary workplace participant at the time of the alleged conduct.
(2) A person may also make a complaint to the IPSC if:
(a) the complaint is about alleged pre‑Code conduct; and
(b) the person was or is affected by the alleged conduct; and
(c) the person was or is a parliamentarian, MOPS employee or Parliamentary Service employee at the time of the alleged conduct.
(3) A complaint made under this section is a
conduct complaint .(4) A conduct complaint must:
(a) be made in writing; and
(b) include the following:
(i) details of the alleged conduct;
(ii) any evidence to support the complaint;
(iii) the complainant’s name and contact details.
(5) The complainant may amend the complaint with the agreement of:
(a) the investigating Commissioner for the conduct issue arising from the complaint; or
(b) if there is no investigating Commissioner—the Chair Commissioner.
Parliamentarians generally
(1) A parliamentarian may refer a conduct issue to the IPSC if:
(a) the complainant or respondent is employed by the parliamentarian; or
(b) the complainant’s or respondent’s predominant place of work is at an office provided to the parliamentarian:
(i) under the
Parliamentary Business Resources Act 2017 ; or(ii) at a place in the precincts (within the meaning of the
Parliamentary Precincts Act 1988 ).
Presiding Officers
(2) A Presiding Officer may refer a conduct issue to the IPSC if:
(a) either:
(i) the Presiding Officer is the President of the Senate or a person covered by paragraph 6(1)(d), and the respondent is a senator; or
(ii) the Presiding Officer is the Speaker of the House of Representatives or a person covered by paragraph 6(1)(e), and the respondent is a member of the House of Representatives; and
(b) the Presiding Officer is reasonably satisfied that the conduct concerned does not form part of proceedings in Parliament for the purposes of section 16 of the
Parliamentary Privileges Act 1987 .
Leaders of Parliamentary parties
(3) The Leader of a Parliamentary party may refer a conduct issue to the IPSC if the respondent is or was, at the time of the conduct concerned:
(a) a parliamentarian; and
(b) a member of that party.
Application
(4) To avoid doubt, subsection (1) is not limited by subsection (2) or (3).
(1) The CEO may refer a conduct issue to the IPSC.
(2) However, the CEO must not refer a conduct issue to the IPSC if the issue arises from an anonymous statement.
(3) The CEO may, in writing, delegate the CEO’s power under subsection (1) to a member of the staff of the PWSS who is:
(a) an SES employee or an acting SES employee; or
(b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.
Note: Sections 34AA to 34A of the
Acts Interpretation Act 1901 contain provisions relating to delegations.(4) In exercising a power under a delegation under subsection (3), the delegate must comply with any written directions of the CEO.
(1) A conduct issue referral must:
(a) be made in writing; and
(b) include the following information:
(i) details of the conduct issue;
(ii) any evidence relevant to the conduct issue;
(iii) the name and contact details of the referrer.
(2) If the referrer became aware of the conduct issue because of a complaint made to the referrer:
(a) the referral must not be made unless either:
(i) the complainant consents to the referral; or
(ii) the referrer is reasonably satisfied that making the referral is necessary to comply with a duty or obligation under a work health and safety law; and
(b) the referral must also include the name and contact details of the complainant.
(3) To avoid doubt, this Subdivision does not require a person to refer a conduct issue to the IPSC.
(1) The Chair Commissioner:
(a) must assign a Commissioner to deal with a conduct issue arising from a conduct complaint or conduct issue referral; and
(b) may, subject to section 24CE (conduct issues arising from anonymous statements), assign themselves to deal with a conduct issue that the Chair Commissioner becomes aware of in any other way.
(2) The Commissioner assigned to deal with a conduct issue is the
investigating Commissioner for the conduct issue.(3) The Chair Commissioner may vary or revoke an assignment under paragraph (1)(a) at any time.
(1) The Chair Commissioner must not deal with a conduct issue if the Chair Commissioner becomes aware of the issue because of an anonymous statement.
(2) However, the Chair Commissioner must:
(a) refer the conduct issue to be dealt with by the PWSS, if the Chair Commissioner is satisfied that the statement:
(i) is not frivolous, vexatious, misconceived or lacking in substance; and
(ii) was made in good faith; and
(b) if the contact details of the person who made the statement are known to the Chair Commissioner—take reasonable steps to contact the person and advise them of the services provided by the PWSS under section 15 (support function).
The investigating Commissioner must deal with a conduct issue by doing any of the following:
(a) investigating the issue;
(b) referring the issue under:
(i) section 24CI (decision not to investigate—referral to PWSS); or
(ii) section 24CJ (decision not to investigate—referral to Agency Head etc.); or
(iii) section 24CK (decision not to investigate—referral under another law);
(c) taking no action, or no further action, in relation to the issue.
(1) The investigating Commissioner may make any preliminary inquiries, of any person, that the Commissioner considers necessary for the purposes of determining how to deal with a conduct issue.
(2) This section does not limit the information, documents or things to which the investigating Commissioner may have regard in making a decision about how to deal with a conduct issue.
When Commissioner may decide to investigate
(1) The investigating Commissioner may decide to investigate a conduct issue only if:
(a) the Commissioner is satisfied on reasonable grounds that there is sufficient evidence or information to justify doing so; and
(b) if the issue arose from a conduct complaint or conduct issue referral—either:
(i) the Commissioner has consent to investigate the issue; or
(ii) the Commissioner is reasonably satisfied that a serious risk to work health or safety arises, or could arise, from the conduct concerned.
(2) For the purposes of this section, the investigating Commissioner has
consent to investigate a conduct issue if:
(a) the issue arose from a conduct complaint and the complainant has not withdrawn the complaint; or
(b) all of the following apply:
(i) the issue arose from a conduct issue referral for which there is a complainant;
(ii) the referral was made with the consent of the complainant;
(iii) the complainant has not withdrawn that consent; or
(c) the issue arose from a conduct issue referral for which there is no complainant.
Commissioner may consult before deciding whether to investigate
(3) Before deciding whether to investigate a conduct issue, the investigating Commissioner may consult with any person affected by the conduct concerned as the Commissioner considers appropriate.
When Commissioner must decide not to investigate etc.
(4) The investigating Commissioner must decide not to investigate a conduct issue, or (if the investigation has started) not to investigate a conduct issue further, if:
(a) the issue arose from a conduct complaint or conduct issue referral and at the time of the conduct concerned, both the complainant and respondent were non‑core participants; or
(b) at the time of the conduct concerned, the respondent was:
(i) an APS employee who is not a MOPS employee; or
(ii) a Parliamentary Service employee; or
(iii) an Agency Head; or
(iv) the Secretary of a Parliamentary Department; or
(v) the Parliamentary Librarian; or
(vi) an AFP appointee; or
(c) the conduct concerned forms part of proceedings in Parliament for the purposes of section 16 of the
Parliamentary Privileges Act 1987 ; or(d) the conduct concerned may constitute a serious offence against a person and the person does not consent to the investigation.
When Commissioner may decide not to investigate etc.
(5) The investigating Commissioner may decide not to investigate a conduct issue, or (if the investigation has started) not to investigate a conduct issue further, if:
(a) if the issue arose from a conduct complaint or conduct issue referral—the Commissioner is satisfied that the complaint or referral is frivolous, vexatious, misconceived or lacking in substance or was not made in good faith; or
(b) if the issue arose from a conduct complaint or conduct issue referral and the Commissioner does not have consent to investigate the issue—the Commissioner is satisfied that it is unreasonable to continue the investigation, taking into account the progress of the investigation and fairness between the persons affected by the investigation; or
(c) the Commissioner is satisfied that the conduct concerned:
(i) would be more appropriately dealt with through a service provided under section 16 (complaint resolution function), or under another law of the Commonwealth or a law of a State or Territory; or
(ii) is being dealt with through a service provided under section 16 (complaint resolution function); or
(iii) is being dealt with under another law of the Commonwealth or a law of a State or Territory and it would be inappropriate to conduct an investigation under this Act at the same time; or
(iv) has already been dealt with under this Part, another law of the Commonwealth or a law of a State or Territory and there are no further matters concerning the conduct that warrant investigation; or
(d) the conduct concerned is, or has been, the subject of criminal or civil proceedings (including any preliminary investigations or action that might lead to criminal or civil proceedings); or
(e) if the respondent is a non‑core participant—the Commissioner is satisfied that the issue would be more appropriately dealt with by the respondent’s employer; or
(f) the Commissioner is satisfied it is inappropriate or impracticable for the issue to be investigated for any other reason.
(1) This section applies if the investigating Commissioner:
(a) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and
(b) does so because:
(i) the issue arose from a conduct complaint or conduct issue referral and at the time of the conduct concerned, both the complainant and respondent were non‑core participants; or
(ii) the Commissioner is satisfied that the conduct concerned would be more appropriately dealt with through a service provided under section 16 (complaint resolution function).
(2) This section also applies if the investigating Commissioner:
(a) decides not to investigate a conduct issue; and
(b) does so because:
(i) the issue arose from a conduct issue referral for which there is a complainant; and
(ii) the Commissioner does not have consent to investigate the issue (within the meaning of subsection 24CH(2)); and
(iii) the Commissioner is not satisfied as required by subparagraph 24CH(1)(b)(ii) (which deals with serious risks to work health or safety).
(3) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by the PWSS.
(4) However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral.
(1) This section applies if the investigating Commissioner:
(a) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and
(b) does so because, at the time of the conduct concerned, the respondent was:
(i) an APS employee who is not a MOPS employee; or
(ii) a Parliamentary Service employee; or
(iii) an Agency Head; or
(iv) the Secretary of a Parliamentary Department; or
(v) the Parliamentary Librarian; or
(vi) an AFP appointee.
(2) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by:
(a) if the respondent is an APS employee of an Agency (within the meaning of the
Public Service Act 1999 )—the Agency Head of that Agency; or(b) if the respondent is a Parliamentary Service employee of a Parliamentary Department—the Secretary of that Department; or
(c) if the respondent is an Agency Head—the Australian Public Service Commissioner; or
(d) if the respondent is the Secretary of a Parliamentary Department—each Presiding Officer; or
(e) if the respondent is the Parliamentary Librarian—the Secretary of the Department of Parliamentary Services; or
(f) if the respondent is an AFP appointee—the Commissioner of Police (within the meaning of the
Australian Federal Police Act 1979 ).(3) However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral.
(1) This section applies if:
(a) the investigating Commissioner:
(i) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and
(ii) does so because the Commissioner is satisfied that the conduct concerned would be more appropriately dealt with under another law of the Commonwealth or a law of a State or Territory; and
(b) section 24CJ (decision not to investigate—referral to Agency Head etc.) does not apply.
(2) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with under the other law.
(3) However, if the conduct concerned may constitute a serious offence against a person, the investigating Commissioner must not refer the issue under this section to the Australian Federal Police or the police force or police service of a State or Territory unless:
(a) the person consents to the referral; or
(b) the Commissioner is required to do so by or under a law of the Commonwealth, a State or a Territory, or a court/tribunal order.
Decision to investigate
(1) The investigating Commissioner must take reasonable steps to give written notice of a decision to investigate a conduct issue to the following:
(a) the respondent;
(b) if any of the following applies—the respondent’s employer:
(i) the issue did not arise from a conduct complaint or conduct issue referral;
(ii) the issue arose from a conduct complaint or conduct issue referral and the complainant consents to the giving of the notice;
(iii) the issue arose from a conduct issue referral for which there is no complainant;
(iv) the Commissioner is reasonably satisfied that the issue is relevant to a duty or obligation of the employer under a work health and safety law;
(c) if the issue arose from a conduct complaint or conduct issue referral—the complainant;
(d) if the issue arose from a conduct issue referral—the referrer.
(2) A notice under subsection (1) must set out:
(a) the reasons for the decision; and
(b) details of the conduct issue concerned; and
(c) the effect of section 24CP (requirement to cooperate); and
(d) if the notice is given to the respondent or complainant—information about the services provided by the PWSS under section 15 (support function).
Decision not to investigate
(3) The investigating Commissioner must take reasonable steps to give written notice of a decision not to investigate a conduct issue, or not to investigate a conduct issue further, to the following:
(a) if the Commissioner has previously made the respondent aware of a matter relating to the issue (whether by giving a notice under this Act or otherwise)—the respondent;
(b) any other person to whom the Commissioner has previously given a notice under this Act in relation to the issue;
(c) if the issue arose from a conduct complaint or conduct issue referral—the complainant;
(d) if the issue arose from a conduct issue referral—the referrer.
(4) A notice under subsection (3) must set out the reasons for the decision.
(1) This section applies if:
(a) the investigating Commissioner gives notice of a decision to investigate a conduct issue to the respondent; and
(b) the issue arose from a conduct complaint; and
(c) the complainant amends the complaint after the notice is given.
(2) The investigating Commissioner must, as soon as practicable, give written notice of the amended complaint to the respondent.
This Subdivision applies if the investigating Commissioner decides to investigate a conduct issue.
(1) The investigating Commissioner may investigate the conduct issue in such manner as the Commissioner thinks fit.
(2) The investigating Commissioner must:
(a) complete the investigation as quickly as the requirements of this Act and a proper consideration of the conduct issue permits; and
(b) observe the requirements of procedural fairness when conducting the investigation.
(3) Conduct issues may be investigated together.
(1) This section applies if the respondent is:
(a) a person covered by paragraph 6(1)(a) or (b); or
(b) a MOPS employee.
(2) The respondent must cooperate with any person who is performing functions, or exercising powers, under this Act in relation to the investigation.
Note: A failure to comply with this subsection may constitute a breach of a Behaviour Code.
(1) This section applies if the respondent is not a parliamentarian.
(2) The investigating Commissioner may recommend that the respondent’s employer suspend the respondent from duties:
(a) if the Commissioner is reasonably satisfied that the employer should do so to comply with a duty or obligation under a work health and safety law; and
(b) for a specified period of no longer than 30 days.
(3) The investigating Commissioner must consult the respondent’s employer in determining:
(a) whether to make the recommendation, if a recommendation has previously been made under this section in relation to the respondent; and
(b) the period to be specified.
This Subdivision applies after an investigation into a conduct issue is completed.
(1) If the respondent is a current or former parliamentarian, the Chair Commissioner must, as soon as practicable, constitute a panel (the
parliamentarian decision panel ) for the conduct issue.(2) The parliamentarian decision panel must consist of:
(a) the investigating Commissioner; and
(b) 2 other Commissioners.
(3) The Chair Commissioner may reconstitute the parliamentarian decision panel at any time.
(4) Anything done by the parliamentarian decision panel must be agreed to by a majority of the panel’s members.
(1) The decision‑maker must prepare a draft report on the investigation.
(2) The
decision‑maker for the conduct issue is:
(a) if the respondent is a current or former parliamentarian—the parliamentarian decision panel for the issue; or
(b) otherwise—the investigating Commissioner.
(3) If the decision‑maker is a parliamentarian decision panel:
(a) the investigating Commissioner must provide to the panel relevant evidence and other material gathered during the investigation; and
(b) the panel may request the investigating Commissioner to obtain such other evidence or material about the conduct issue as the panel requires; and
(c) the panel must consider the evidence and other material in preparing the draft report.
The draft report must set out:
(a) the decision‑maker’s preliminary findings on the conduct issue, including whether the respondent has engaged in relevant conduct; and
(b) a summary of the evidence and other material on which those preliminary findings are based; and
(c) if there is a preliminary finding that the respondent has engaged in relevant conduct—any recommendations that the decision‑maker proposes to make in relation to the respondent; and
(d) if there is a preliminary finding that the respondent has engaged in relevant conduct and the respondent is a current or former parliamentarian—any sanctions that the decision‑maker proposes to impose on the respondent; and
(e) if:
(i) there is a preliminary serious breach finding in relation to the respondent; and
(ii) the respondent is a current member of a House of the Parliament; and
(iii) there is a preliminary finding that it is appropriate for a parliamentary sanction to be imposed on the respondent;
whether the decision‑maker proposes to refer the preliminary serious breach finding to the Privileges Committee of that House.
Note: The decision‑maker is not required to propose a recommendation, sanction or referral, even if there is a preliminary finding that the respondent has engaged in relevant conduct.
(1) This section applies if the draft report sets out:
(a) a preliminary finding that is critical (either expressly or impliedly) of a person; or
(b) a proposed recommendation to take an action in relation to a person; or
(c) a proposed sanction to be imposed on a person; or
(d) a proposed referral of a serious breach finding in relation to a person to the Privileges Committee of a House of the Parliament.
(2) The decision‑maker must give the person:
(a) a statement setting out the preliminary finding or proposal; and
(b) a reasonable opportunity to respond to the preliminary finding or proposal.
(1) The decision‑maker may, if the decision‑maker considers it appropriate to do so, give a copy of the draft report to either or both of the following:
(a) the respondent;
(b) if the conduct issue arose from a conduct complaint or conduct issue referral—the complainant.
(2) The decision‑maker must exclude from the copy any information that the decision‑maker is satisfied is sensitive information.
(1) This section applies if:
(a) before the draft report is prepared, the investigating Commissioner is satisfied as mentioned in subsection (2); or
(b) after the draft report is prepared and before a decision is made under section 24CY, the decision‑maker is satisfied as mentioned in subsection (2) of this section.
(2) For the purposes of paragraphs (1)(a) and (b), the investigating Commissioner or decision‑maker must be satisfied that:
(a) it would be appropriate in the circumstances, taking into account the seriousness of the conduct concerned, for the respondent to apologise to a person affected by the conduct concerned; and
(b) the conduct concerned would not constitute an offence.
(3) The investigating Commissioner or decision‑maker may facilitate, in such manner as they see fit, the making of the apology if:
(a) the respondent consents to making the apology; and
(b) the person consents to receiving the apology.
(4) The making of the apology:
(a) is not an admission of fault or liability; and
(b) is not admissible in evidence against the respondent in any civil proceedings in respect of the conduct concerned.
(5) The decision‑maker may take the apology into account in making a decision under section 24CY.
Decision on conduct issue
(1) After considering the responses (if any) given on the draft report, the decision‑maker must decide:
(a) whether the decision‑maker is satisfied, on the balance of probabilities, that the respondent has engaged in relevant conduct; and
(b) if the decision‑maker is satisfied that the respondent has engaged in relevant conduct—whether to make any recommendations in relation to the respondent; and
(c) if the decision‑maker is satisfied that the respondent has engaged in relevant conduct, and the respondent is a current or former parliamentarian—whether to impose any sanctions on the respondent; and
(d) if:
(i) the decision‑maker is satisfied that the respondent has engaged in relevant conduct that is serious; and
(ii) the respondent is a current member of a House of the Parliament; and
(iii) the decision‑maker is satisfied that it is appropriate for a parliamentary sanction to be imposed on the respondent;
whether to refer the finding (the
serious breach finding ) that the respondent has engaged in the relevant conduct to the Privileges Committee of that House.Note 1: To avoid doubt, a finding by the decision‑maker that the respondent has engaged in relevant conduct is not a finding of guilt in relation to an offence against a law of the Commonwealth, a State or a Territory.
Note 2: The decision‑maker is not required to make a recommendation, impose a sanction or make a referral, even if the decision‑maker is satisfied that the respondent has engaged in relevant conduct.
Note 3: The decision‑maker may, in making a decision under this section, take into account any apology made by the respondent that was facilitated by a Commissioner (see subsection 24CX(5)).
(2) The decision‑maker may decide to make a recommendation, impose a sanction or refer a serious breach finding only if the decision‑maker is satisfied that doing so is necessary to promote appropriate conduct in Commonwealth parliamentary workplaces.
(3) A decision made by the decision‑maker comes into operation on:
(a) if an application under section 24DA for review of the decision has been made within the period specified in that section—the day after the application is finally determined; or
(b) if an application under section 24DA for review of the decision has not been made within the period specified in that section—the day after the end of that period.
Note: If a review panel varies or substitutes the decision, the decision as varied or the substituted decision is taken to be the decision of the decision‑maker (see subsection 24DD(6)).
Recommendations that may be made
(4) For the purposes of paragraph (1)(b), the following recommendations may be made:
(a) if the respondent is a MOPS employee—a recommendation for the respondent’s employer to take any of the following actions within a specified period:
(i) give the respondent a written reprimand;
(ii) require the respondent to undertake training or professional development;
(iii) require the respondent to enter into an agreement with the employer about the respondent’s future behaviour;
(iv) re‑assign the respondent’s duties, if it is reasonably practicable to do so;
(v) deduct from the respondent’s annual salary, by way of fine, an amount not exceeding 2% of that salary;
(vi) terminate the respondent’s employment;
(b) if the respondent is a non‑core participant—a recommendation for a Presiding Officer to restrict or remove the respondent’s access to the precincts (within the meaning of the
Parliamentary Precincts Act 1988 ) for a specified period;(c) if the respondent is a former MOPS employee—a recommendation for the respondent’s former employer to give the respondent a written reprimand;
(d) if the respondent is neither a parliamentarian nor a MOPS employee—a recommendation for the respondent’s employer to take, within a specified period, any action that the decision‑maker considers appropriate, taking into account the seriousness of the conduct concerned.
Sanctions that may be imposed
(5) For the purposes of paragraph (1)(c), the following sanctions may be imposed:
(a) a written reprimand;
(b) a requirement that the respondent undertake training or professional development within a specified period;
(c) a requirement that the respondent enter into an agreement with the IPSC about the respondent’s future behaviour.
Deduction of amounts from salary
(6) If the decision‑maker recommends that an amount be deducted from the respondent’s salary by way of fine:
(a) the fine may be deducted from a payment of salary made to the respondent; or
(b) 2 or more amounts that in total equal the fine may be deducted from 2 or more payments of salary made to the respondent.
(1) The decision‑maker must prepare a final report on the investigation that sets out:
(a) the decisions made by the decision‑maker; and
(b) any other findings on the conduct issue that the decision‑maker thinks fit to make; and
(c) a summary of the evidence and other material on which those decisions and findings are based.
(2) The decision‑maker must, as soon as practicable after preparing the final report, give a copy of the report to:
(a) the respondent; and
(b) if the conduct issue arose from a conduct complaint or conduct issue referral—the complainant; and
(c) if the respondent is a MOPS employee—the respondent’s employer.
(3) If an application under section 24DA for review of a decision set out in the report has not been made within the period specified in that section, or has been made and dismissed, the decision‑maker must give a copy of the report to:
(a) if the conduct issue arose from a conduct issue referral—the referrer; and
(b) if the report contains a decision to recommend that a Presiding Officer take an action—that Presiding Officer; and
(c) if both of the following apply—the Prime Minister:
(i) the respondent is a Minister (whether or not the respondent was a Minister at the time of the conduct concerned);
(ii) the report contains a finding that the respondent has engaged in relevant conduct; and
(d) if the respondent is a member of a Parliamentary party and both of the following apply—the Leader of that Parliamentary party:
(i) the respondent is a Presiding Officer;
(ii) the report contains a decision to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament; and
(e) if both of the following apply—the respondent’s employer:
(i) the respondent is not a MOPS employee;
(ii) the report contains a decision to recommend that the employer take an action; and
(f) if all of the following apply—the respondent’s former employer:
(i) the respondent is a former MOPS employee;
(ii) the report contains a decision to recommend that the respondent’s former employer give the respondent a written reprimand;
(iii) it is reasonably practicable to do so.
Note: If an application for review has been made and has not been dismissed, a copy of the final report may be given to some of the persons mentioned in this subsection after the review is completed (see subsection 24DE(4)).
(4) If the respondent is a parliamentarian or MOPS employee, the decision‑maker may give a copy of the report to the CEO for purposes connected with the performance or exercise of the CEO’s functions or powers.
(5) The decision‑maker must exclude from a copy of a report given under this section any information that the decision‑maker is satisfied is sensitive information.
This Division applies in relation to a decision made under section 24CY by the decision‑maker for a conduct issue.
Who can apply
(1) The respondent for the conduct issue may apply to the IPSC for review of the following decisions:
(a) a decision to make a finding that the respondent has engaged in relevant conduct;
(b) if the respondent is a core participant—any or all of the following:
(i) a decision to make one or more recommendations in relation to the respondent;
(ii) a decision to make a particular recommendation in relation to the respondent;
(iii) a decision to impose one or more sanctions on the respondent;
(iv) a decision to impose a particular sanction on the respondent;
(v) a decision to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament.
(2) If the conduct issue arose from a conduct complaint or conduct issue referral, the complainant may apply to the IPSC for review of the following decisions:
(a) a decision to make a finding that the respondent has not engaged in relevant conduct;
(b) if the respondent is a core participant—any or all of the following:
(i) a decision to make one or more recommendations in relation to the respondent;
(ii) a decision to make a particular recommendation in relation to the respondent;
(iii) a decision to impose one or more sanctions on the respondent;
(iv) a decision to impose a particular sanction on the respondent;
(v) a decision to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament;
(c) if a finding is made that the respondent has engaged in relevant conduct—either or both of the following:
(i) a decision not to make a recommendation in relation to the respondent;
(ii) a decision not to impose a sanction on the respondent;
(d) if a serious breach finding is made in relation to the respondent—a decision not to refer the finding to the Privileges Committee of a House of the Parliament.
(3) If the respondent for the conduct issue is a MOPS employee, the respondent’s employer may apply to the IPSC for review of a decision to make a recommendation for the employer to take an action in relation to the respondent.
Requirements for application
(4) An application for review of a decision must:
(a) be made in writing; and
(b) set out the reasons for making the application; and
(c) be made within:
(i) 28 days after the applicant is given, under section 24CZ, a copy of the final report that sets out the decision; or
(ii) if the period within which the application may be made is extended under section 24DB—the extended period.
(1) A person may apply to the Chair Commissioner to extend the period during which the person may apply for review of a decision.
(2) The application must:
(a) be made in writing; and
(b) set out the reasons for making the application; and
(c) be made within 28 days after the person is given, under section 24CZ, a copy of the final report that sets out the decision.
(3) The Chair Commissioner may extend the period if the Chair Commissioner considers that there are reasonable grounds to do so.
(1) The Chair Commissioner must give written notice of an application made under section 24DA to:
(e) to examine and report to the Parliament on any matter relating to the IPSC appearing in, or arising out of, a report prepared under subsection 22(2);
(f) to inquire into any question in connection with the Parliamentary Joint Committee’s functions that is referred to it by either House of the Parliament, and to report to that House on that question;
(g) other functions as are conferred on the Parliamentary Joint Committee by resolution of both Houses of the Parliament.
(2) Subsection (1) does not authorise the Parliamentary Joint Committee to:
(a) direct the activities of the IPSC, a Commissioner or a panel of Commissioners; or
(b) investigate a conduct issue; or
(c) reconsider a decision made by the decision‑maker for a conduct issue; or
(d) review an investigation into a conduct issue that has not been completed; or
(e) give or seek advice or information about, or in relation to, a particular person or conduct issue.
(1) The Parliamentary Joint Committee must approve or reject a proposed recommendation, referred to the Parliamentary Joint Committee by the Minister, for the appointment of a Commissioner.
(2) The Parliamentary Joint Committee must make the decision on the proposed recommendation within:
(a) 14 calendar days after the referral; or
(b) if, within the first 14 calendar days after the referral, the Parliamentary Joint Committee notifies the Minister that it requires additional time to consider the referral—44 calendar days after the referral.
(3) As soon as practicable after making the decision, the Parliamentary Joint Committee must:
(a) give the Minister notice of the decision; and
(b) report the decision to both Houses of the Parliament.
(4) The Parliamentary Joint Committee is taken to have approved the proposed recommendation if it does not give notice under paragraph (3)(a) within the period specified in paragraph 2(a) or (b), as the case requires.
(1) The Parliamentary Joint Committee:
(a) must commence a review under this section within one year after the commencement of the first session of each Parliament that commences after the commencement of this section; and
(b) may, if the Committee resolves to do so, commence a review under this section at any other time.
(2) A review under this section must consider the operation and effectiveness of each Behaviour Code.
(3) The Parliamentary Joint Committee must report the Committee’s findings of a review under this section to both Houses of the Parliament as soon as practicable after completing the review.
This Part enables:
(a) the PWSS or IPSC to disclose information to certain entities and persons; and
(b) certain entities and persons to disclose information to the PWSS or IPSC; and
(c) the PWSS to disclose information to the IPSC; and
(d) the IPSC to disclose information to the PWSS.
However, that information may only be disclosed or used if it is reasonably necessary for the performance of functions, or the exercise of powers, of the PWSS, IPSC, entity or person.
The PWSS may request some Commonwealth entities or persons to give the PWSS information for the purposes of a public report.
The CEO and the Chair Commissioner may enter into arrangements with certain entities and persons relating to the disclosure and use of information.
The PWSS may request a parliamentarian or MOPS employee to give the PWSS specified information. A failure by a parliamentarian to comply with the request may result in the non‑compliance being published in a public report.
Authorisation to disclose information —to and by various entities and persons
(1) The PWSS or IPSC may disclose information (including personal information) to:
(a) another Commonwealth entity; or
(b) an individual who holds any office or appointment under a law of the Commonwealth; or
(ba) a Presiding Officer;
if the disclosure is reasonably necessary to assist the entity, individual or Presiding Officer to:
(c) perform any of the functions or activities of the entity, individual or Presiding Officer; or
(d) exercise any of the powers of the entity, individual or Presiding Officer.
(1A) The IPSC may also disclose information (including personal information) to a State or Territory law enforcement entity if the disclosure is reasonably necessary to assist the entity to:
(a) perform any of the functions or activities of the entity; or
(b) exercise any of the powers of the entity.
(2) A Commonwealth entity, an individual who holds any office or appointment under a law of the Commonwealth, or a Presiding Officer may disclose information (including personal information) to the PWSS or IPSC if the disclosure is reasonably necessary to assist:
(a) the PWSS or IPSC to perform any of its functions or exercise any of its powers; or
(b) the CEO to perform any of the CEO’s functions or exercise any of the CEO’s powers; or
(c) a Commissioner to perform any of the Commissioner’s functions or exercise any of the Commissioner’s powers.
Authorisation to disclose information—between PWSS and IPSC
(2A) The PWSS may disclose information (including personal information) to the IPSC if the disclosure is reasonably necessary to assist:
(a) the IPSC to perform any of its functions or exercise any of its powers; or
(b) a Commissioner to perform any of the Commissioner’s functions or exercise any of the Commissioner’s powers.
(2B) The IPSC may disclose information (including personal information) to the PWSS if the disclosure is reasonably necessary to assist:
(a) the PWSS to perform any of its functions or exercise any of its powers; or
(b) the CEO to perform any of the CEO’s functions or exercise any of the CEO’s powers.
Parliamentarians not taken to be office‑holders etc.
(3) To avoid doubt, a parliamentarian does not hold an office or appointment under a law of the Commonwealth for the purposes of paragraph (1)(b) or subsection (2).
Rules applying to disclosures
(4) Information may be disclosed under subsection (1), (1A), (2), (2A) or (2B) on the initiative, or at the request, of the PWSS, IPSC, Commonwealth entity, individual, Presiding Officer, or State or Territory law enforcement entity (as the case requires).
(5) Subsections (1) to (2B) do not apply to a disclosure of information if:
(a) the disclosure would, apart from this section, constitute an offence against a law of the Commonwealth; and
(b) that law does not contain an exception or defence for a disclosure authorised by a law of the Commonwealth.
(5A) Subsection (1) does not apply to a disclosure of information by the IPSC to a person or entity if:
(a) the information relates to a conduct complaint or a conduct issue referral; and
(b) the person or entity is the employer of:
(i) the complainant; or
(ii) the respondent for the conduct issue concerned; and
(c) the complainant does not consent to the disclosure.
(5B) Subsections (1) and (1A) do not apply to a disclosure of information by the IPSC to the Australian Federal Police, or the police force or police service of a State or Territory, if the information relates to a conduct issue involving conduct that may constitute a serious offence against a person, unless:
(a) the person consents to the disclosure; or
(b) the disclosure is for the purposes of deciding how to deal with the issue; or
(c) the disclosure is required by or under another law of the Commonwealth, a law of a State or a Territory, or a court/tribunal order.
(6) Before disclosing information under subsection (1) that was obtained by the PWSS in the course of performing its review function under section 19 (as in force immediately before the repeal of that section by the
Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Act 2024 ), the PWSS must have regard to whether the disclosure would be likely to result in harm to an individual to whom the information relates (other than mere damage to the individual’s reputation).
Authorisation to use information
(7) Information disclosed to a person or entity under subsection (1), (1A), (2), (2A) or (2B) may be used by the person or entity for the purposes of performing the functions, or exercising the powers, of the person or entity.
Note: This section constitutes an authorisation for the purposes of the
Privacy Act 1988 and other laws.
(1) The PWSS may, in writing, request a person covered by subsection (2) to give the PWSS, within a specified period, specified information (including personal information) for the purposes of the PWSS preparing a report required by subsection 22(2).
(2) This subsection covers the following persons:
(a) the Secretary of the Department;
(aa) the Chair Commissioner;
(b) a Secretary of a Parliamentary Department;
(c) if a Commonwealth entity is specified in the PWSS rules for the purposes of this paragraph—the Head (however described) of the Commonwealth entity;
(d) if an office or appointment under a law of the Commonwealth is specified in the PWSS rules for the purposes of this paragraph—the individual holding that office or appointment.
(3) A person covered by subsection (2) must comply with a request given to the person under subsection (1) unless doing so would constitute an offence against a law of the Commonwealth.
(4) The PWSS may:
(a) use the information for the following purposes:
(i) preparing a report required by subsection 22(2);
(ii) monitoring and reviewing matters relating to any of its functions; and
(b) disclose the information in a report required by subsection 22(2) (subject to sections 22 and 63).
Note 1: This section constitutes an authorisation for the purposes of the
Privacy Act 1988 and other laws.Note 2: Subsection 22(9) provides that a report under section 22 must not include personal information (subject to section 23).
(1) The CEO may make an arrangement, in writing, with:
(aa) the Chair Commissioner; or
(a) the Head (however described) of a Commonwealth entity; or
(b) an individual who holds any office or appointment under a law of the Commonwealth; or
(ba) a Presiding Officer;
relating to:
(c) the disclosure of information to, or by, the PWSS under subsection 61(1), (2), (2A) or (2B) or 62(3); or
(d) the use by the PWSS, IPSC, other Commonwealth entity, individual, or Presiding Officer of information disclosed under any of those subsections.
(2) Without limiting subsection (1), an arrangement made under that subsection may make provision for the confidentiality of information disclosed in accordance with the arrangement.
(3) The PWSS must ensure that an arrangement made under subsection (1) is published on its website.
(4) An arrangement made under subsection (1) is not a legislative instrument.
(5) If an arrangement under subsection (1) is in force, then:
(a) the disclosure to, or by, the PWSS of information to which the arrangement applies is not authorised under subsection 61(1), (2), (2A) or (2B) or 62(3); and
(b) the use of information to which the arrangement applies is not authorised under subsection 61(7) or 62(4);
if the disclosure or use of the information would contravene the arrangement.
63A Chair Commissioner may make arrangements for sharing information with or by the IPSC
(1) The Chair Commissioner may make an arrangement, in writing, with:
(a) the Head (however described) of a Commonwealth entity; or
(b) an individual who holds any office or appointment under a law of the Commonwealth; or
(c) a Presiding Officer; or
(d) a State or Territory law enforcement entity;
relating to:
(e) the disclosure of information to, or by, the IPSC under subsection 61(1), (1A), (2), (2A) or (2B); or
(f) the use by the PWSS, IPSC, Commonwealth entity, individual, Presiding Officer, or State or Territory law enforcement entity of information disclosed under any of those subsections.
(2) Without limiting subsection (1), an arrangement made under that subsection may make provision for the confidentiality of information disclosed in accordance with the arrangement.
(3) The IPSC must ensure that an arrangement made under subsection (1) is published on its website.
(4) An arrangement made under subsection (1) is not a legislative instrument.
(5) If an arrangement under subsection (1) is in force, then:
(a) the disclosure to, or by, the IPSC or the Chair Commissioner of information to which the arrangement applies is not authorised under subsection 61(1), (1A), (2), (2A) or (2B); and
(b) the use of information to which the arrangement applies is not authorised under subsection 61(7);
if the disclosure or use of the information would contravene the arrangement.
(1) The PWSS may, in writing, request a parliamentarian to give the PWSS, within a specified period, specified information (including personal information):
(a) that relates to any of the following matters in relation to a person who is or was a MOPS employee employed by, or a designated worker engaged by, the parliamentarian:
(i) the person’s name;
(ii) whether the person is or was a MOPS employee or a designated worker;
(iii) matters relating to when, and the circumstances in which, the person was employed as a MOPS employee or engaged as a designated worker;
(iv) matters relating to when, and the circumstances in which, the person ceased to be employed as a MOPS employee or engaged as a designated worker; or
(b) that relates to work health and safety matters arising in connection with the duties of parliamentarians or MOPS employees; or
(c) that is reasonably necessary for the purposes of providing a service under section 16 (complaint resolution function) to a person who is or was a MOPS employee employed by, or a designated worker engaged by, the parliamentarian.
(2) Paragraph (1)(c) does not apply if the alleged relevant conduct referred to in section 16 was engaged in by the parliamentarian.
(3) The period specified in the request must be reasonable in the circumstances.
(4) The request must include details about the effect of Division 4 of Part 2 (taking action against parliamentarians for certain non‑compliance).
(5) A parliamentarian must comply with a request under subsection (1) within the period specified in the request, and may comply with any other request by the PWSS for information (including personal information), unless doing so would constitute an offence against a law of the Commonwealth.
Note: This subsection constitutes an authorisation for the purposes of the
Privacy Act 1988 and other laws.(6) This section does not limit the power of the PWSS to request information from a parliamentarian or any other person.
(1) The PWSS may, in writing, request a MOPS employee to give the PWSS, within a specified period, specified information (including personal information) that relates to:
(a) any of the functions or powers of the PWSS; or
(b) any of the functions or powers of the CEO.
(2) The period specified in the request must be reasonable in the circumstances.
(3) A MOPS employee may comply with a request under subsection (1) within the period specified in the request, and may comply with any other request by the PWSS for information (including personal information), unless doing so would constitute an offence against a law of the Commonwealth.
Note: This subsection constitutes an authorisation for the purposes of the
Privacy Act 1988 and other laws.(4) This section does not limit the power of the PWSS to request information from a MOPS employee or any other person.
This Part deals with miscellaneous matters, such as the making of the PWSS rules.
To avoid doubt, this Act does not affect the law relating to the powers, privileges and immunities of any of the following:
(a) each House of the Parliament;
(b) the members of each House of the Parliament;
(c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.
(1) The Minister must cause a review of the operation of this Act and the PWSS rules to be commenced within one year after the commencement of the first session of each Parliament that commences after the commencement of this section.
(2) The persons undertaking the review must give the Minister a written report of the review.
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.
(1) The Minister may, by legislative instrument, make rules (the
PWSS rules ) prescribing matters:
(a) required or permitted by this Act to be prescribed by the PWSS rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the PWSS rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Parliamentary Workplace Support Service Act 2023 | 72, 2023 | 20 Sept 2023 | 1 Oct 2023 (s 2(1) item 1) | |
Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023 | 70, 2023 | 19 Sept 2023 | Sch 2: 1 Oct 2023 (s 2(1) item 2) Sch 3: repealed before commencing (s 2(1) item 3) | Sch 2 |
| ||||
| 86, 2024 | 17 Sept 2024 | Sch 1 (items 81, 82): 14 Oct 2024 (s 2(1) item 3) | |
Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Act 2024 | 86, 2024 | 17 Sept 2024 | Sch 1 (items 1–3): 18 Sept 2024 (s 2(1) item 2) Sch 1 (items 15–80) and Sch 2: 14 Oct 2024 (s 2(1) items 3, 4) | Sch 2 |
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s 24HC....................................... | ad No 86, 2024 |
s 24HD...................................... | ad No 86, 2024 |
s 24HE....................................... | ad No 86, 2024 |
s 24HF....................................... | ad No 86, 2024 |
Part 2B....................................... | ad No 86, 2024 |
s 24J.......................................... | ad No 86, 2024 |
s 24K......................................... | ad No 86, 2024 |
s 25............................................ | am No 86, 2024 |
s 27............................................ | am No 86, 2024 |
Part 3A...................................... | ad No 86, 2024 |
s 36A......................................... | ad No 86, 2024 |
s 36B......................................... | ad No 86, 2024 |
s 36C......................................... | ad No 86, 2024 |
s 36D......................................... | ad No 86, 2024 |
s 36E......................................... | ad No 86, 2024 |
s 36F.......................................... | ad No 86, 2024 |
s 36G......................................... | ad No 86, 2024 |
s 36H......................................... | ad No 86, 2024 |
s 36J.......................................... | ad No 86, 2024 |
s 36K......................................... | ad No 86, 2024 |
s 36L......................................... | ad No 86, 2024 |
Part 4 heading............................. | am No 86, 2024 |
Division 1 heading...................... | ad No 86, 2024 |
s 37............................................ | am No 86, 2024 |
Division 2 heading...................... | ad No 86, 2024 |
Division 3.................................. | ad No 86, 2024 |
s 40A......................................... | ad No 86, 2024 |
s 40B......................................... | ad No 86, 2024 |
Division 4.................................. | ad No 86, 2024 |
s 40C......................................... | ad No 86, 2024 |
Part 6A...................................... | ad No 86, 2024 |
s 59A......................................... | ad No 86, 2024 |
s 59B......................................... | ad No 86, 2024 |
s 59C......................................... | ad No 86, 2024 |
s 59CA....................................... | ad No 86, 2024 |
s 59D......................................... | ad No 86, 2024 |
s 59E......................................... | ad No 86, 2024 |
s 59F.......................................... | ad No 86, 2024 |
s 59G......................................... | ad No 86, 2024 |
s 59H......................................... | ad No 86, 2024 |
s 59J.......................................... | ad No 86, 2024 |
s 60............................................ | am No 86, 2024 |
Division 2 heading...................... | am No 86, 2024 |
s 61............................................ | am No 86, 2024 |
s 62............................................ | am No 86, 2024 |
s 63............................................ | am No 86, 2024 |
s 63A......................................... | ad No 86, 2024 |
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