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PARLIAMENTARY WORKPLACE SUPPORT SERVICE ACT 2023 - SECT 16

Complaint resolution function

  (1)   The complaint resolution function of the PWSS is to provide services to current and former Commonwealth parliamentary workplace participants under subsection   (2) to facilitate the independent resolution of complaints involving alleged relevant conduct.

  (2)   The PWSS may provide services to facilitate the independent resolution of complaints involving alleged relevant conduct to both of the following parties:

  (a)   one or more current or former Commonwealth parliamentary workplace participants who are alleged to have engaged in relevant conduct (the first party );

  (b)   one or more current or former Commonwealth parliamentary workplace participants who are affected by the alleged relevant conduct (the second party );

in accordance with the following table:

 

Complaint resolution services

Item

If, at the time the alleged conduct was engaged in, the first party was ...

and the second party was ...

the PWSS may provide the services in relation to ...

1

a core participant

a core participant or a non - core participant

alleged relevant conduct engaged in in the course of the first party performing duties as a core participant

2

a non - core participant

a core participant or a non - core participant

alleged relevant conduct engaged in:

(a) in the course of the first party performing duties as a non - core participant; and

(b) at a place covered by paragraph   (a) or (b) of the definition of Commonwealth parliamentary workplace in section   5

  (2A)   If the first party apologises to the second party for the alleged relevant conduct while the PWSS is providing services under this section to the parties, the making of the apology:

  (a)   is not an admission of fault or liability; and

  (b)   is not admissible in evidence against the first party in any civil proceedings in respect of the conduct.

  (2B)   Subsection   (2A) does not apply in relation to conduct that would constitute an offence.

  (3)   It is not a function of the PWSS under this section to:

  (a)   investigate a complaint; or

  (b)   make a finding of fact; or

  (c)   arbitrate any matter.

However, paragraph   (a) does not prevent the PWSS from seeking information for the purposes of providing a service mentioned in subsection   (2).

  (4)   For the purposes of this section, the provision of services to facilitate the independent resolution of complaints includes the provision of early intervention services.



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