PARLIAMENTARY WORKPLACE SUPPORT SERVICE ACT 2023

Commonwealth Consolidated Acts

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PARLIAMENTARY WORKPLACE SUPPORT SERVICE ACT 2023

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Short title
2. Commencement
3. Objects of this Act
4. Simplified outline of this Act
5. Definitions
6. Meaning of parliamentarian
6A. References to the Minister
7. Vacancy in the office of a member of the PWSS Advisory Board
8. Crown to be bound
9. Extension to external Territories
10. Extra - territorial operation

PART 2--PARLIAMENTARY--WORKPLACE SUPPORT SERVICE

Division 1--Simplified outline of this Part

11. Simplified outline of this Part

Division 2--Establishment and functions of the PWSS

12. Parliamentary Workplace Support Service
13. Functions of the PWSS
14. Human resources functions
15. Support function
16. Complaint resolution function
17. Policy development function
18. Education and training functions
20. Independence of the PWSS
21. PWSS has privileges and immunities of the Crown

Division 3--Reports by the PWSS

22. Reports by the PWSS

Division 4--Taking action against parliamentarians for certain non-compliance

23. Including details of certain non - compliance by parliamentarians in a public report
24. Notifying parliamentary Leaders of certain non - compliance

PART 2A--INDEPENDENT--PARLIAMENTARY STANDARDS COMMISSION

Division 1--Introduction

Subdivision A--Simplified outline of this Part

24A. Simplified outline of this Part

Subdivision B--Key concepts for the IPSC

24AA. Meanings of conduct issue and respondent
24AB. Meanings of pre - Code conduct and post - Code conduct
24AC. Meanings of Behaviour Code and Code commencement day
24AD. Meaning of before the IPSC
24AE. Meaning of responsible Commissioner or Commissioners

Division 2--Establishment and functions of the IPSC

24B. Independent Parliamentary Standards Commission
24BA. Functions of the IPSC
24BB. Guidance function
24BC. IPSC has privileges and immunities of the Crown

Division 3--How the IPSC deals with conduct issues

Subdivision A--Complaints and referrals

24C. Conduct complaints
24CA. Conduct issue referrals by parliamentarians
24CB. Conduct issue referrals by the CEO
24CC. Requirements for referrals

Subdivision B--Dealing with conduct issues

24CD. Assignment of investigating Commissioner
24CE. Conduct issues arising from anonymous statements
24CF. How conduct issues may be dealt with
24CG. Preliminary inquiries
24CH. When conduct issue may or may not be investigated
24CI. Decision not to investigate--referral to PWSS
24CJ. Decision not to investigate--referral to Agency Head etc.
24CK. Decision not to investigate--referral under another law
24CL. Notice of decision about investigating conduct issue
24CM. Notice of amended complaint

Subdivision C--Investigating conduct issues

24CN. Application of Subdivision
24CO. Conduct of investigations
24CP. Requirement to cooperate
24CQ. Commissioner may recommend suspension for non - parliamentarians during investigation

Subdivision D--Report of investigation into conduct issue

24CR. Application of Subdivision
24CS. Parliamentarian decision panel
24CT. Draft report on investigation
24CU. Contents of draft report
24CV. Opportunity to respond to preliminary findings and proposed sanctions etc.
24CW. Draft report may be given to respondent or complainant
24CX. Apologies by the respondent
24CY. Decision on conduct issue
24CZ. Final report on investigation

Division 4--Review

24D. Application of Division
24DA. Applying for internal review
24DB. Extension of period for applying for review
24DC. Notice of application
24DD. Internal review
24DE. Notice of review decision etc.
24DF. Conduct of reviews etc.
24DG. Requirement to cooperate

Division 5--Referral of serious breach findings to Parliament

24E. Application of Division
24EA. Referral to Privileges Committee
24EB. Privileges Committee to make recommendations to House
24EC. House may resolve to impose sanctions
24ED. Powers of Houses not limited

Division 6--Information management

Subdivision A--Requiring information and documents etc.

24F. Notice to give information etc.
24FA. When compliance with notice is not required
24FB. Offence--failure to comply with notice to give information etc.
24FC. Interviews
24FD. Retaining documents and things
24FE. When documents and things must be returned
24FF. Privilege against self - incrimination and legal professional privilege not abrogated

Subdivision B--Confidentiality notices

24FG. Application of Subdivision
24FH. Confidentiality notices
24FI. Disclosures etc. to which confidentiality notices do not apply
24FJ. Offence--failure to comply with confidentiality notice

Subdivision C--Secrecy of information

24FK. Unauthorised disclosure of information
24FL. Disclosure etc. for purposes connected with functions and powers
24FM. Disclosure etc. of information relating to serious offences
24FN. Disclosure etc. required or authorised by law
24FO. Disclosure etc. to protect life, health or safety
24FP. Disclosure etc. of publicly available information
24FQ. Disclosure etc. to comply with requirement to produce
24FR. Disclosure to employers

Division 7--Public statements

24G. Public statements to afford fairness
24GA. Public statements about parliamentarians
24GB. Content and detail in IPSC public statements
24GC. Requirements for including identifying information in IPSC public statements

Division 8--Protections and immunities

24H. Meaning of protected disclosure
24HA. Offences--causing detriment in relation to protected disclosures
24HB. Immunity from liability for protected disclosures
24HC. Liability for false or misleading disclosures unaffected
24HD. Person's liability for own conduct not affected
24HE. Claims for protection
24HF. Protection has effect despite other Commonwealth laws

PART 2B--APPLICATION--OF THE FINANCE LAW

24J. Simplified outline of this Part
24K. Application of the finance law

PART 3--CHIEF--EXECUTIVE OFFICER OF THE PWSS

Division 1--Introduction

25. Simplified outline of this Part

Division 2--Establishment and functions of the CEO

26. Chief Executive Officer
27. Functions of the CEO
28. Independence of the CEO

Division 3--Appointment of the CEO

29. Appointment of CEO
30. Appointment of acting CEO

Division 4--Terms and conditions for the CEO

31. Remuneration of the CEO
32. Leave of absence of the CEO
33. Other employment of the CEO
34. Resignation of the CEO
35. Termination of appointment of the CEO
36. Other terms and conditions of the CEO

PART 3A--COMMISSIONERS--OF THE IPSC

Division 1--Introduction

36A. Simplified outline of this Part

Division 2--Establishment and functions of Commissioners

36B. Commissioners
36C. Functions of the Commissioners
36D. Independence of the Commissioners

Division 3--Appointment of Commissioners

36E. Appointment of Commissioners
36F. Acting Commissioners

Division 4--Terms and conditions for Commissioners

36G. Training requirements
36H. Remuneration of Commissioners
36J. Leave of absence
36K. Resignation
36L. Termination of appointment

PART 4--STAFF--OF THE PWSS AND IPSC ETC.

Division 1--Introduction

37. Simplified outline of this Part

Division 2--Staff of the PWSS etc.

38. Staff
39. Persons assisting the PWSS
40. Consultants

Division 3--Staff of the IPSC etc.

40A. Persons assisting the IPSC
40B. Consultants

Division 4--Immunity from liability

40C. Immunity from liability for PWSS and IPSC officials

PART 5--PWSS--ADVISORY BOARD

Division 1--Introduction

41. Simplified outline of this Part

Division 2--Establishment and functions of the PWSS Advisory Board

42. Parliamentary Workplace Support Service Advisory Board
43. Functions of the PWSS Advisory Board
44. PWSS Advisory Board must approve or reject certain proposals

Division 3--Membership of the PWSS Advisory Board

45. Membership of the PWSS Advisory Board
46. Appointment of members of the PWSS Advisory Board
47. Period of appointment for members of the PWSS Advisory Board
48. Acting members of the PWSS Advisory Board

Division 4--Terms and conditions for members of the PWSS Advisory Board

49. Remuneration
50. Disclosure of interests
51. Leave of absence
52. Resignation
53. Termination of appointment
54. Other terms and conditions

Division 5--PWSS Advisory Board procedures

55. PWSS Advisory Board procedures

PART 6--PWSS--CONSULTATIVE COMMITTEE

56. Simplified outline of this Part
57. Parliamentary Workplace Support Service Consultative Committee
58. Functions of the PWSS Consultative Committee
59. Membership of the PWSS Consultative Committee etc.

PART 6A--PARLIAMENTARY--JOINT COMMITTEE ON PARLIAMENTARY STANDARDS

59A. Simplified outline of this Part
59B. Parliamentary Joint Committee on Parliamentary Standards
59C. Chair of the Parliamentary Joint Committee
59CA. Deputy Chair of the Parliamentary Joint Committee
59D. Eligibility for appointment as a Parliamentary Joint Committee member
59E. Terms of office of Parliamentary Joint Committee members
59F. Powers and proceedings of the Parliamentary Joint Committee
59G. Functions of the Parliamentary Joint Committee
59H. Parliamentary Joint Committee must approve or reject recommendation for appointment
59J. Review of Behaviour Codes

PART 7--INFORMATION--SHARING

Division 1--Introduction

60. Simplified outline of this Part

Division 2--Information sharing between the PWSS, IPSC and other entities and persons

61. Information sharing between the PWSS , IPSC and other entities and persons
62. Giving information to PWSS for certain reports
63. CEO may make arrangements for sharing information with or by the PWSS
63A. Chair Commissioner may make arrangements for sharing information with or by the IPSC

Division 3--Requesting information from parliamentarians and MOPS employees

64. Requesting information from parliamentarians
65. Requesting information from MOPS employees

PART 8--MISCELLANEOUS

66. Simplified outline of this Part
67. Effect of this Act on parliamentary privileges and immunities
68. Review of operation of this Act
69. PWSS rules

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