EXPLANATORY STATEMENT
Issued by authority of the Special Minister of State
Parliamentary Workplace Support Service Rules 2025
AUTHORITY
Subsection 69(1) of the Parliamentary Workplace Support Service Act 2023 (the Act) provides that the Special Minister of State may, by legislative instrument, make rules prescribing matters required or permitted by the Act to be prescribed by the rules or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Act contains various provisions setting out matters that are required or permitted by the Act to be prescribed (see e.g. subsections 55(1), 59(2))
The PWSS rules are a legislative instrument for the purposes of the Legislation Act 2003.
Details of the PWSS rules are included in the Attachment A
PURPOSE AND OPERATION
The purpose of the Parliamentary Workplace Support Service Rules 2025 (the PWSS rules) is to prescribe rules necessary or convenient to be prescribed for carrying out or giving effect to the Act. This includes for the governance of the Parliamentary Workplace Support Service Advisory Board (PWSS Advisory Board) and the Parliamentary Workplace Support Service Consultative Committee (PWSS Consultative Committee).
The PWSS Advisory Board is required to advise the CEO in relation to the performance of the functions of the PWSS or CEO, and consider whether to approve or reject proposed mandatory policies or procedures, and proposed mandatory education or training programs and requirements for completion of those programs.
The PWSS Consultative Committee will discuss matters of relevance to parliamentarians and staff employed the Members of Parliament (Staff) Act 1984 (MOPS employees) and consider proposed mandatory policies, procedures, programs and requirements, and communicate their views on these matters to the PWSS.
COMMENCEMENT
The PWSS rules commence on the day after the instrument is registered.
CONSULTATION
The Department of Finance, Department of Prime Minister and Cabinet and the Australian Public Service Commission have been consulted on the PWSS rules.
ATTACHMENT A
Details of Instrument
Parliamentary Workplace Support Service Rules 2025
Part 1 – Preliminary
Section 1
Section 1 provides that the title of instrument is the Parliamentary Workplace Support Service Rules 2025.
Section 2
Section 2 provides that the instrument commences on the day after it is registered.
Section 3
Section 3 provides that the instrument is made under the Parliamentary Workplace Support Service Act 2023.
Section 4
Section 4 defines the terms used in the instrument.
Part 2 – PWSS Advisory Board
Section 5
Section 5 provides that the Part is made for the purposes of subsection 55(1) of the Parliamentary Workplace Support Service Act 2023.
Section 6
Section 6 provides information relating to the holding of meetings, including when the PWSS Advisory Board must hold a meeting and the number of meetings that can be convened each year.
Section 7
Section 7 explains that, when present, the Chair presides at PWSS Advisory Board meetings and if they are absent the other Board members must appoint someone to preside.
Section 8
Section 8 provides what constitutes a quorum at meetings of the PWSS Advisory Board, including how conflicts of interest are managed.
Section 9
Section 9 provides that the PWSS Advisory must keep minutes of its meetings.
Section 10
Section 10 provides the form and manner in which advice requested by the PWSS CEO must be provided.
Section 11
Section 11 provides that the PWSS Advisory Board may, subject to the Act and this Part, operate in the way it determines and regulate proceedings at its meetings as it considers appropriate.
Part 3 – PWSS Consultative Committee
Section 12
Section 12 provides that the Part is made for the purposes of subsection 59(2) of the Parliamentary Workplace Support Service Act 2023.
Section 13
Section 13 provides requirements relating to the composition of the PWSS Consultative Committee.
Section 14
Subsection 14(1) provides that a member of the PWSS Consultative Committee must be appointed by the Minister by written instrument.
Subsection 14(2) provides the criteria for appointing an independent person, including that the must not currently be, or have been, a parliamentarian or MOPS employee, or is currently a Commonwealth parliamentary workplace participant.
Subsection 14(3) provides that when appointing an independent person, the Minister must be satisfied that the process was merit-based, was publicly advertised, that the person has skills, knowledge and experience in one or more of the following fields: parliamentary workplaces; human resources, work health and safety or industrial relations; or public administration or corporate governance.
Subsection 14(4) provides that the Minister must have regard to an independent member’s independence from parliamentarians, MOPS employees, political parties, the PWSS and the PWSS Advisory Board.
Subsection 14(5) provides that the Minister must not appoint a Minister, the President of the Senate, the Speaker of the House of Representatives, the Deputy President and Chair of Committees of the Senate or the Deputy Speaker of the House of Representatives.
Subsection 14(6) provides that the Minister must not appoint a MOPS employee if they are employed by a parliamentarian who is appointed as a member of the PWSS Consultative Committee, they are a member of the Employee Consultative Group applicable to MOPS employees, or a member of the Work Health and Safety Committee for MOPS Employees.
Subsection 14(7) provides that in appointing members to the PWSS Consultative Committee the Minister must have regard to the desirability of ensuring representation from persons who represent the views of the Government, persons who represent the views of Parliamentary parties that do not form part of the Government and have at least 5 members who are senators or members of the House of Representatives, persons who do not represent the views of the Government or parliamentary parties already described.
The Minister must also ensure the PWSS Consultative Committee is comprised of members of different genders.
Section 15
Section 15 provides information relating to the independent members remuneration and the payment of allowances, both of which are determined by the Minister. This section confirms that the office of an independent member is not a public office for the purpose of the Remuneration Tribunal Act 1973.
Section 16
Section 16 provides the process for a member to disclose any direct or indirect pecuniary interest that conflicts or could conflict with the proper performance of their duties.
Section 17
Subsection 17(1) provides that an independent member holds office for the period specified in the instrument of appointment, which must not exceed 2 years.
Subsection 17(2) provides that a member that is a parliamentarian, holds office commencing on the date specified in the instrument of appointment and ending the earlier of two years from that date, the day they cease to be a parliamentarian or the day of the declaration of the poll for the electorate in which the appointed person is standing for office.
Subsection 17(3) provides that a member that is a MOPS employee holds office commencing on the date specified in the instrument of appointment and ending the earlier of two years from that date, the day the appointed person ceases to be a MOPS employee or the day of the declaration of the poll for the electorate the appointed person’s employing parliamentarian is standing for office.
Section 18
Subsection 18(1) provides that an independent member may resign by providing a written resignation to the Minister
Subsection 18(2) provides the resignation date of effect for an independent member is the day it is received by the Minister or a later date if specified in the resignation.
Subsection 18(3) provides that a member of the PWSS Consultative Committee who is a parliamentarian or MOPS employee may resign by providing a written resignation to the Chair.
Subsection 18(4) provides the resignation date of effect for a member who is a parliamentarian or MOPS employee is the day it is received by the Chair or a later date if specified in the resignation.
Subsection 18(5) provides that a member of the PWSS Consultative Committee who is a MOPS employee is taken to have resigned the appointment of member if their employing parliamentarian becomes a member of the PWSS Consultative Committee.
Subsection 18(6) provides the resignation date of effect for a MOPS employee, whose employing parliamentarian becomes a member of the PWSS Consultative Committee is the day on which the employing parliamentarian becomes a member of the PWSS Consultative Committee.
Section 19
Subsection 19(1) provides that the Minister may terminate the appointment of a member of the PWSS Consultative Committee for misbehaviour, physical or mental incapacity, a failure to disclose a direct or indirect pecuniary interest, or a failure to attend three consecutive PWSS Consultative Committee meetings without reasonable excuse.
Subsection 19(2) provides that Minister must consult with the CEO of the PWSS prior to terminating an independent member.
Subsection 19(3) provides that Minister must consult with the Chair of the PWSS Consultative Committee prior to terminating a member who is a parliamentarian or MOPS employee.
Subsection 19(4) provides that a failure to comply with the requirements of this section do not affect the validity of a termination.
Section 20
Section 20 provides that a member of the PWSS Consultative Committee holds office on the terms and conditions in relation to matters not covered by the Act or this instrument that are determined by the Minister.
Section 21
Subsection 21(1) provides that the PWSS Consultative Committee may, subject to the Act and this Part, operate in the way it determines and regulate proceedings at its meetings as it considers appropriate
Subsection 21(2) provides that the Chair of the Consultative Committee may convene a meeting at any time.
Subsection 21(3) provides that if the Chair has convened four or more meetings in a calendar year, the may only convene a further meeting if the Chair considers that the meeting is needed due to exceptional circumstance.
Subsection 21(4) provides the process for managing a vacancy of a position of a member of the PWSS Consultative Committee due to leave of absence, acting appointments or any other matter relating to the membership of the PWSS Consultative Committee. This subsection requires the Chair to have regard to the matters relating to appointments set out in this Part and the Act.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Parliamentary Workplace Support Service Rules 2025
The Parliamentary Workplace Support Service Rules 2025 (the PWSS rules) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the PWSS rules
The purpose of the Parliamentary Workplace Support Service Rules 2025 (the PWSS rules) is to prescribe rules necessary or convenient to be prescribed for carrying out or giving effect to the Act. This includes for the establishment and governance of the Parliamentary Workplace Support Service Advisory Board (PWSS Advisory Board) and the Parliamentary Workplace Support Service Consultative Committee (PWSS Consultative Committee).
The PWSS Advisory Board will advise the Chief Executive Officer (CEO) of the PWSS in relation to the performance of the functions of the PWSS or CEO, and consider whether to approve or reject proposed mandatory policies or procedures, and proposed mandatory education or training programs and requirements for completion of those programs.
The PWSS Consultative Committee will discuss matters of relevance to parliamentarians and Members of Parliament (Staff) Act 1984 (MOPS Act) employees and consider proposed mandatory policies, procedures, programs and requirements, and communicate their views on these matters to the PWSS.
Human rights implications
The PWSS rules engage the following human rights:
- the rights to equality and non-discrimination as set out in Article 2 and 3 of the International Covenant on Civil and Political Rights.
The rights to equality and non-discrimination
Article 2 of the International Covenant on Civil and Political Rights (ICCPR) obliges the States Parties to respect all people and guarantee them the rights contained in the ICCPR without distinction of any kind, including political or other opinion. Further, Article 3 obliges the States Parties to guarantee men and women’s equal access to the civil and political rights contained in the ICCPR.
Political opinion
Section 13 of the PWSS rules requires that the PWSS Consultative Committee be comprised of equal members from the Government, Opposition, minor parties and independents.
Paragraph 14(7)(a) of the PWSS rules, in accordance with paragraph 59(4)(a) of the Parliamentary Workplace Support Service Act 2023 (PWSS Act), requires that when appointing members to the PWSS Consultative Committee, the Minister must have regard to the desirability of ensuring that there is representation among members who represent the views of the Government and the views of Parliamentary parties that do not form part of the government.
To the extent that this consideration would limit the right to equality and non-discrimination, it is a permissible limitation. This measure has a legitimate objective of promoting the equal and balanced participation of people with different political opinions to the benefit of greater representation of diverse views.
Gender diversity considerations
Paragraph 14(7)(b) of the PWSS rules, in accordance with paragraph 59(4)(a) of the PWSS Act, requires that when appointing members to the PWSS Consultative Committee, the Minister must have regard to the desirability of ensuring that the PWSS Consultative Committee is comprised of members of different genders.
To the extent that this gender diversity consideration would limit the right to equality and non-discrimination, it is a permissible limitation. This measure has the legitimate objective of supporting women to participate in governance and consultative structures in relation to the PWSS. The measure is reasonable and proportionate as it only requires consideration of the desirability of ensuring the PWSS Consultative Committee is comprised of different genders.
Conclusion
The PWSS rules are compatible with human rights because they promote the protection of human rights and, to the extent that they may operate to limit human rights, the limitations are reasonable, necessary and proportionate to achieve legitimate objectives.