Commonwealth Consolidated Acts

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