Commonwealth Consolidated Acts

PARLIAMENTARY WORKPLACE SUPPORT SERVICE ACT 2023 - SECT 24CY

Decision on conduct issue

  (1)   After considering the responses (if any) given on the draft report, the decision - maker must decide:

  (a)   whether the decision - maker is satisfied, on the balance of probabilities, that the respondent has engaged in relevant conduct; and

  (b)   if the decision - maker is satisfied that the respondent has engaged in relevant conduct--whether to make any recommendations in relation to the respondent; and

  (c)   if the decision - maker is satisfied that the respondent has engaged in relevant conduct, and the respondent is a current or former parliamentarian--whether to impose any sanctions on the respondent; and

  (d)   if:

  (i)   the decision - maker is satisfied that the respondent has engaged in relevant conduct that is serious; and

  (ii)   the respondent is a current member of a House of the Parliament; and

  (iii)   the decision - maker is satisfied that it is appropriate for a parliamentary sanction to be imposed on the respondent;

    whether to refer the finding (the serious breach finding ) that the respondent has engaged in the relevant conduct to the Privileges Committee of that House.

Note 1:   To avoid doubt, a finding by the decision - maker that the respondent has engaged in relevant conduct is not a finding of guilt in relation to an offence against a law of the Commonwealth, a State or a Territory.

Note 2:   The decision - maker is not required to make a recommendation, impose a sanction or make a referral, even if the decision - maker is satisfied that the respondent has engaged in relevant conduct.

Note 3:   The decision - maker may, in making a decision under this section, take into account any apology made by the respondent that was facilitated by a Commissioner (see subsection   24CX(5)).

  (2)   The decision - maker may decide to make a recommendation, impose a sanction or refer a serious breach finding only if the decision - maker is satisfied that doing so is necessary to promote appropriate conduct in Commonwealth parliamentary workplaces.

  (3)   A decision made by the decision - maker comes into operation on:

  (a)   if an application under section   24DA for review of the decision has been made within the period specified in that section--the day after the application is finally determined; or

  (b)   if an application under section   24DA for review of the decision has not been made within the period specified in that section--the day after the end of that period.

Note:   If a review panel varies or substitutes the decision, the decision as varied or the substituted decision is taken to be the decision of the decision - maker (see subsection   24DD(6)).

Recommendations that may be made

  (4)   For the purposes of paragraph   (1)(b), the following recommendations may be made:

  (a)   if the respondent is a MOPS employee--a recommendation for the respondent's employer to take any of the following actions within a specified period:

  (i)   give the respondent a written reprimand;

  (ii)   require the respondent to undertake training or professional development;

  (iii)   require the respondent to enter into an agreement with the employer about the respondent's future behaviour;

  (iv)   re - assign the respondent's duties, if it is reasonably practicable to do so;

  (v)   deduct from the respondent's annual salary, by way of fine, an amount not exceeding 2% of that salary;

  (vi)   terminate the respondent's employment;

  (b)   if the respondent is a non - core participant--a recommendation for a Presiding Officer to restrict or remove the respondent's access to the precincts (within the meaning of the Parliamentary Precincts Act 1988 ) for a specified period;

  (c)   if the respondent is a former MOPS employee--a recommendation for the respondent's former employer to give the respondent a written reprimand;

  (d)   if the respondent is neither a parliamentarian nor a MOPS employee--a recommendation for the respondent's employer to take, within a specified period, any action that the decision - maker considers appropriate, taking into account the seriousness of the conduct concerned.

Sanctions that may be imposed

  (5)   For the purposes of paragraph   (1)(c), the following sanctions may be imposed:

  (a)   a written reprimand;

  (b)   a requirement that the respondent undertake training or professional development within a specified period;

  (c)   a requirement that the respondent enter into an agreement with the IPSC about the respondent's future behaviour.

Deduction of amounts from salary

  (6)   If the decision - maker recommends that an amount be deducted from the respondent's salary by way of fine:

  (a)   the fine may be deducted from a payment of salary made to the respondent; or

  (b)   2 or more amounts that in total equal the fine may be deducted from 2 or more payments of salary made to the respondent.