Commonwealth Consolidated Acts

PARLIAMENTARY WORKPLACE SUPPORT SERVICE ACT 2023 - SECT 24CJ

  (1)   This section applies if the investigating Commissioner:

  (a)   decides not to investigate a conduct issue, or not to investigate a conduct issue further; and

  (b)   does so because, at the time of the conduct concerned, the respondent was:

  (i)   an APS employee who is not a MOPS employee; or

  (ii)   a Parliamentary Service employee; or

  (iii)   an Agency Head; or

  (iv)   the Secretary of a Parliamentary Department; or

  (v)   the Parliamentary Librarian; or

  (vi)   an AFP appointee.

  (2)   The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by:

  (a)   if the respondent is an APS employee of an Agency (within the meaning of the Public Service Act 1999 )--the Agency Head of that Agency; or

  (b)   if the respondent is a Parliamentary Service employee of a Parliamentary Department--the Secretary of that Department; or

  (c)   if the respondent is an Agency Head--the Australian Public Service Commissioner; or

  (d)   if the respondent is the Secretary of a Parliamentary Department--each Presiding Officer; or

  (e)   if the respondent is the Parliamentary Librarian--the Secretary of the Department of Parliamentary Services; or

  (f)   if the respondent is an AFP appointee--the Commissioner of Police (within the meaning of the Australian Federal Police Act 1979 ).

  (3)   However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral.