Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Pre - Code conduct is conduct that:
(a) is engaged in before the Code commencement day; and
(b) consists of any of the following:
(i) sexual assault;
(ii) assault;
(iii) sexual harassment;
(iv) harassment;
(v) another person being bullied at work (within the meaning of the Fair Work Act 2009 );
(vi) unreasonable behaviour towards another person that creates a risk to work health or safety; and
(c) is engaged in by a person (the first person ) covered by column 1 of an item of the following table; and
(d) affects a person (the second person ) covered by column 2 of that item; and
(e) meets the requirements in column 3 of that item.
Pre - Code conduct--persons and requirements | |||
Item | Column 1 First person | Column 2 Second person | Column 3 Requirements |
1 | A parliamentarian or MOPS employee | A parliamentarian, MOPS employee or Parliamentary Service employee | The conduct was engaged in in the course of either the first person or second person performing duties as a parliamentarian, MOPS employee or Parliamentary Service employee (as the case requires) |
2 | A non - core participant | A parliamentarian, MOPS employee or Parliamentary Service employee | The conduct was engaged in: (a) in the course of either the first person or second person performing duties as a non - core participant, parliamentarian, MOPS employee or Parliamentary Service employee (as the case requires); and (b) at a place in the precincts (within the meaning of the Parliamentary Precincts Act 1988 ) |
(2) Post - Code conduct is conduct that:
(a) is engaged in on or after the Code commencement day; and
(b) is engaged in by a Commonwealth parliamentary workplace participant; and
(c) constitutes or involves a breach of a Behaviour Code, as in force at the time of the conduct; and
(d) either:
(i) affects a Commonwealth parliamentary workplace participant; or
(ii) does not directly affect another person.