Commonwealth Consolidated Acts

PARLIAMENTARY WORKPLACE SUPPORT SERVICE ACT 2023 - SECT 24DE

Notice of review decision

  (1)   The review panel must, as soon as practicable after the review decision is made, give written notice of the decision and the reasons for the decision to:

  (a)   the applicant for the review; and

  (b)   if the conduct issue concerned arose from a conduct complaint or conduct issue referral--the complainant; and

  (c)   if the conduct issue concerned arose from a conduct issue referral--the referrer; and

  (d)   the respondent for the conduct issue concerned; and

  (e)   if both of the following apply--the Prime Minister:

  (i)   the respondent for the conduct issue concerned is a Minister (whether or not the respondent was a Minister at the time of the conduct);

  (ii)   the review decision is to make, or affirm the original decision to make, a finding that the respondent has engaged in relevant conduct; and

  (f)   if the respondent for the conduct issue concerned is a MOPS employee--the respondent's employer; and

  (g)   if the review decision is to make, or affirm the original decision to make, a recommendation for a person to take an action--that person.

  (2)   The notice under subsection   (1) must also be given to the Leader of a Parliamentary party if:

  (a)   the respondent for the conduct issue concerned is a Presiding Officer who is a member of that party; and

  (b)   the review decision is to refer, or affirm the original decision to refer, a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament.

  (3)   If the respondent for the conduct issue concerned is a parliamentarian or MOPS employee, the notice under subsection   (1) may be given to the CEO for purposes connected with the performance or exercise of the CEO's functions or powers.

Copy of final report

  (4)   The review panel must also give a copy of the final report that sets out the original decision to:

  (a)   if the conduct issue concerned arose from a conduct issue referral--the referrer; and

  (b)   if the original decision was to make a recommendation for a Presiding Officer to take an action and the review decision affirms the original decision--that Presiding Officer; and

  (c)   if all of the following apply--the Prime Minister:

  (i)   the respondent for the conduct issue concerned is a Minister (whether or not the respondent was a Minister at the time of the conduct);

  (ii)   the original decision was to make a finding that the respondent has engaged in relevant conduct;

  (iii)   the review decision affirms the original decision; and

  (d)   if the respondent for the conduct issue concerned is a member of a Parliamentary party and all of the following apply--the Leader of that Parliamentary party:

  (i)   the respondent is a Presiding Officer;

  (ii)   the original decision was to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament;

  (iii)   the review decision affirms the original decision; and

  (e)   if all of the following apply--the employer of the respondent for the conduct issue concerned:

  (i)   the respondent is not a MOPS employee;

  (ii)   the original decision was to make a recommendation for the employer to take an action;

  (iii)   the review decision affirms the original decision.

Sensitive information

  (5)   The review panel must exclude any information that the panel is satisfied is sensitive information from:

  (a)   a notice given under subsection   (1); and

  (b)   a copy of a report given under subsection   (4).