Parliamentary Workplace Reform (Set the Standard Measures No. 1) Act 2022

Administered by Department of the Prime Minister and Cabinet

Legislation au C2022A00007 In force Act

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No. 7, 2022

An Act to amend the law in relation to parliamentary workplaces, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Termination of employment of parliamentarians’ staff

Members of Parliament (Staff) Act 1984

Schedule 2—Clarifying work health and safety duties of parliamentarians

Work Health and Safety Act 2011

Schedule 3—Clarifying the operation of anti‑discrimination legislation for parliamentarians’ staff

Age Discrimination Act 2004

Disability Discrimination Act 1992

Parliamentary Workplace Reform (Set the Standard Measures No. 1) Act 2022

No. 7, 2022

An Act to amend the law in relation to parliamentary workplaces, and for related purposes

[Assented to 22 February 2022]

The Parliament of Australia enacts:

1 Short title

This Act is the Parliamentary Workplace Reform (Set the Standard Measures No. 1) Act 2022.

2 Commencement

(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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	23 February 2022

Note: This table relates only to the provisions of this Act as originally enacted.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.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Termination of employment of parliamentarians’ staff

Members of Parliament (Staff) Act 1984

1 At the end of Part I

Add:

3A Relationship with Fair Work Acts

(1) This Act has effect subject to the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

(2) Subsection (1) is not intended to imply anything about the relationship between this Act and any Act other than the Fair Work Act 2009 or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

2 After subsection 16(3)

Insert:

(3A) The notice must specify the ground or grounds that are relied on for the termination.

Note 1: The Fair Work Act 2009 has rules and entitlements that apply to termination of employment. See, for example, Parts 3‑1 (general protections) and 3‑2 (unfair dismissal) of that Act.

Note 2: Additional rules or procedures to be followed in terminating the employment of a person under this Part may be set out in:

(a) the agreement for the employment of the person; or

(b) fair work instruments (within the meaning of the Fair Work Act 2009); or

Note 3: Termination of employment may be unlawful under anti‑discrimination laws in certain circumstances.

3 After subsection 23(2)

Insert:

(2A) The notice must specify the ground or grounds that are relied on for the termination.

Note 1: The Fair Work Act 2009 has rules and entitlements that apply to termination of employment. See, for example, Parts 3‑1 (general protections) and 3‑2 (unfair dismissal) of that Act.

Note 2: Additional rules or procedures to be followed in terminating the employment of a person under this Part may be set out in:

(a) the agreement for the employment of the person; or

(b) fair work instruments (within the meaning of the Fair Work Act 2009); or

Note 3: Termination of employment may be unlawful under anti‑discrimination laws in certain circumstances.

Schedule 2—Clarifying work health and safety duties of parliamentarians

Work Health and Safety Act 2011

1 Section 4

Insert:

parliamentarian means:

(a) a Senator; or

(b) a 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) any other person to whom remuneration is payable under section 49 of the Parliamentary Business Resources Act 2017.

2 Subsection 247(2)

Omit “A Minister”, substitute “Subject to subsection (3), a Minister”.

3 At the end of section 247

Add:

(3) To avoid doubt, a parliamentarian is an officer of the Commonwealth for the purposes of this Act in respect of the business or undertaking of the Commonwealth constituted by the provision by the Commonwealth of support for the functioning of the Parliament.

(4) Subsection (3) does not limit:

(a) who may be an officer of the Commonwealth for the purposes of this Act in respect of the business or undertaking described in that subsection; or

(b) the circumstances in which a parliamentarian may be an officer of a person conducting a business or undertaking for the purposes of this Act.

Schedule 3—Clarifying the operation of anti‑discrimination legislation for parliamentarians’ staff

Age Discrimination Act 2004

1 Section 5 (at the end of the definition of administrative office)

Add:

; or (i) an office of a person employed or engaged under the Members of Parliament (Staff) Act 1984.

Note: A person who holds an office mentioned in paragraph (h) or (i) is covered by the definition of Commonwealth employee.

2 Section 5 (at the end of the definition of Commonwealth employee)

Add:

; or (g) is a person employed or engaged under the Members of Parliament (Staff) Act 1984.

Note: See also section 8 (Commonwealth taken to be employer of Commonwealth employees).

Disability Discrimination Act 1992

3 Subsection 4(1) (at the end of the definition of administrative office)

Add:

; or (i) an office of a person employed or engaged under the Members of Parliament (Staff) Act 1984.

Note: A person who holds an office mentioned in paragraph (h) or (i) is covered by the definition of Commonwealth employee.

4 Subsection 4(1) (at the end of the definition of Commonwealth employee)

Add:

; or (h) is a person employed or engaged under the Members of Parliament (Staff) Act 1984.

Note: See also section 124 (Commonwealth taken to be employer of Commonwealth employees).

[Minister’s second reading speech made in—

Senate on 9 February 2022

House of Representatives on 15 February 2022]

(19/22)

Overview

The Parliamentary Workplace Reform (Set the Standard Measures No. 1) Act 2022, enacted by the Parliament of Australia and assented to on 22 February 2022, aims to amend the law concerning parliamentary workplaces. This Act addresses gaps and issues within the existing legislative framework by clarifying the application of certain Acts, ensuring that parliamentary workplaces adhere to the standards set by the Fair Work Act 2009, Work Health and Safety Act 2011, Age Discrimination Act 2004, and Disability Discrimination Act 1992. The primary objective of the Act is to establish a more robust and equitable environment within parliamentary workplaces by aligning relevant laws and enhancing the protection of staff rights. This Act, through its schedules, amends the Members of Parliament (Staff) Act 1984 to incorporate provisions from the Fair Work Act 2009 and ensures that termination of employment notices specify the grounds relied upon. Additionally, it clarifies the Work Health and Safety Act 2011 by defining "parliamentarian" and establishing that such individuals are officers of the Commonwealth for work health and safety purposes. Furthermore, the Act updates the Age Discrimination Act 2004 and Disability Discrimination Act 1992 to include parliamentary staff within the scope of these anti-discrimination laws, thereby extending necessary protections to this group.

Scope and Application

The Parliamentary Workplace Reform (Set the Standard Measures No. 1) Act 2022 applies to the termination of employment of staff within parliamentary workplaces, clarifying the work health and safety duties of parliamentarians, and specifying the operation of anti-discrimination legislation for parliamentarians' staff. This Act amends the Members of Parliament (Staff) Act 1984 by introducing specific requirements for the termination of staff, such as specifying the grounds for termination and ensuring that the Fair Work Act 2009 and related acts are taken into account. It also amends the Work Health and Safety Act 2011 by defining 'parliamentarian' more comprehensively to include Senators, Members of the House of Representatives, Ministers of State, and other relevant individuals, and clarifying their responsibilities under the Act. Furthermore, it amends the Age Discrimination Act 2004 and the Disability Discrimination Act 1992 by extending the definitions of 'administrative office' and 'Commonwealth employee' to include offices and employees under the Members of Parliament (Staff) Act 1984, thereby ensuring that these employees are protected under anti-discrimination laws. The Act applies on a national level within the Commonwealth of Australia and extends its application through the specified schedules that amend existing legislation.

Key Provisions

The Parliamentary Workplace Reform (Set the Standard Measures No. 1) Act 2022 (hereafter the Act) amends the law in relation to parliamentary workplaces by making changes to the Members of Parliament (Staff) Act 1984, the Work Health and Safety Act 2011, and the anti-discrimination legislation, including the Age Discrimination Act 2004 and the Disability Discrimination Act 1992. The Act came into effect on 23 February 2022, the day after it received the Royal Assent. The Act introduces several key amendments to the Members of Parliament (Staff) Act 1984, most notably in relation to the termination of employment. Under section 3A, the Act must be read in conjunction with the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. Additionally, termination notices must specify the grounds for the termination (sections 16(3A) and 23(2A)). The Act also clarifies the work health and safety duties of parliamentarians by defining "parliamentarian" in the Work Health and Safety Act 2011 and clarifying that a parliamentarian is considered an officer of the Commonwealth for the purposes of this Act (sections 4 and 247(3)). Furthermore, the Act expands the definitions of "administrative office" and "Commonwealth employee" in the Age Discrimination Act 2004 and the Disability Discrimination Act 1992 to include persons employed or engaged under the Members of Parliament (Staff) Act 1984 (sections 5 and 4(1)). The Act imposes several obligations on the parties it governs. Parliamentarians, as defined, are required to adhere to work health and safety laws applicable to Commonwealth officers. The Act also mandates that termination notices for staff under the Members of Parliament (Staff) Act 1984 must specify the grounds for termination. Additionally, the Act ensures that the Commonwealth is considered the employer of staff employed under the Members of Parliament (Staff) Act 1984 for the purposes of anti-discrimination legislation. These obligations ensure that parliamentary workplaces maintain high standards of workplace safety and comply with anti-discrimination laws. The Act does not explicitly outline specific offences, penalties, or consequences for breach within its provisions. However, breaches of the Fair Work Act 2009, which the Act references, can lead to civil and criminal penalties, including fines and imprisonment. For instance, unlawful termination of employment under the Fair Work Act can result in significant financial penalties for employers. Similarly, violations of anti-discrimination laws, which the Act seeks to clarify, can result in substantial fines and other civil or criminal consequences. Therefore, while the Act itself does not stipulate penalties, non-compliance with the referenced Acts could lead to serious repercussions.

Area of Law: Employment & Labour Law; Parliamentary Law
Instrument: Act
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Licensing & Registration; Prohibited Conduct; Civil Penalty Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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