Commonwealth Consolidated Acts

PARLIAMENTARY WORKPLACE SUPPORT SERVICE ACT 2023 - SECT 24CX

  (1)   This section applies if:

  (a)   before the draft report is prepared, the investigating Commissioner is satisfied as mentioned in subsection   (2); or

  (b)   after the draft report is prepared and before a decision is made under section   24CY, the decision - maker is satisfied as mentioned in subsection   (2) of this section.

  (2)   For the purposes of paragraphs   (1)(a) and (b), the investigating Commissioner or decision - maker must be satisfied that:

  (a)   it would be appropriate in the circumstances, taking into account the seriousness of the conduct concerned, for the respondent to apologise to a person affected by the conduct concerned; and

  (b)   the conduct concerned would not constitute an offence.

  (3)   The investigating Commissioner or decision - maker may facilitate, in such manner as they see fit, the making of the apology if:

  (a)   the respondent consents to making the apology; and

  (b)   the person consents to receiving the apology.

  (4)   The making of the apology:

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

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

  (5)   The decision - maker may take the apology into account in making a decision under section   24CY.