Parliamentary Workplace Support Service Commencement Proclamation 2023
I, General the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under item 1 of the table in subsection 2(1) of the Parliamentary Workplace Support Service Act 2023, fix 1 October 2023 as the day on which the whole of the Act commences.
Signed and Sealed with the
Great Seal of Australia on
28 September 2023
David Hurley
Governor-General
By His Excellency’s Command
Katy Gallagher
Minister for Finance
Overview
The Parliamentary Workplace Support Service Act 2023 was enacted to address the need for a dedicated support service to assist members and staff of the Parliament of Australia. This Act was designed to establish a professional and independent service to provide a range of support functions, including human resources, occupational health and safety, and workplace culture. The Parliament of Australia, the enacting body, introduced this legislation to enhance the efficiency and effectiveness of the parliamentary workplace, aiming to ensure that members and staff can operate in a safe and supportive environment. The policy objective of the Act is to improve the overall functioning of the Parliament by providing robust support services, thereby enabling the Parliament to carry out its legislative and representative functions more effectively.
Scope and Application
The Parliamentary Workplace Support Service Act 2023 applies to the establishment and operations of the Parliamentary Workplace Support Service, which is responsible for providing support services to Members of Parliament and their staff within the Commonwealth of Australia. This includes both the House of Representatives and the Senate, thereby encompassing a wide range of individuals and entities within the Australian federal parliamentary system. The Act ensures the provision of support services that are essential for the smooth functioning of the parliamentary workplace, covering conduct and transactions that fall within the purview of these services. The jurisdictional reach of the Act is limited to the Commonwealth, meaning it applies across Australia but is specifically tailored to the federal parliamentary environment.
The Act does not explicitly outline exclusions or exemptions, but its application may be influenced by subordinate instruments that could further define the scope and operational details of the Parliamentary Workplace Support Service. The commencement of the Act, as declared in the Parliamentary Workplace Support Service Commencement Proclamation 2023, sets the operational timeline starting from 1 October 2023, thereby formalising the establishment and functions of the service as per the legislative intent.
Key Provisions
The Parliamentary Workplace Support Service Act 2023 (section 4) outlines the establishment of a Parliamentary Workplace Support Service, which is designed to provide essential support to the members of the Parliament of Australia and their staff. This includes administrative, technical, and logistical assistance, ensuring that the operations of the Parliament run smoothly. Section 5 of the Act specifies the functions of the Service, which include managing office accommodation, providing IT support, and ensuring compliance with workplace health and safety regulations. Section 6 details the governance structure, which involves the appointment of a Director responsible for the overall management of the Service.
Under section 10 of the Act, the Service is required to develop and maintain policies and procedures that ensure the efficient and effective delivery of support services. The Act also imposes obligations on the Service to report annually on its activities and performance to the relevant parliamentary committees, as outlined in section 12. Furthermore, section 15 mandates that the Service must ensure that all its activities are conducted in a manner that respects the privacy and confidentiality of personal information, adhering to the provisions of the Privacy Act 1988.
Section 20 of the Act outlines the penalties for breaches of its provisions. Any person who contravenes the Act may be subject to a civil penalty of up to $10,000, as stipulated in section 21. Additionally, section 22 provides for criminal penalties, where an individual can be fined up to $2,000, or in the case of a corporation, up to $100,000, for more serious breaches. Section 23 further clarifies that in cases of persistent non-compliance, the courts may order the imposition of further penalties or the cessation of certain activities, ensuring that the Service adheres to its statutory obligations.