Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"AFP appointee" has the same meaning as in the Australian Federal Police Act 1979 .
"Agency Head" has the same meaning as in the Public Service Act 1999 .
"before the IPSC" : for when a conduct issue is before the IPSC , see section 24AD.
"Behaviour Code" : see section 24AC.
"CEO" means the Chief Executive Officer of the Parliamentary Workplace Support Service.
"Chair Commissioner" means the Chair Commissioner appointed under section 36E.
"Code commencement day" : see section 24AC.
"Commissioner" means a Commissioner appointed under section 36E and includes the Chair Commissioner.
"Commonwealth entity" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"Commonwealth judicial officer" means:
(a) a Justice of the High Court; or
(b) a judge or justice of a court created by the Parliament.
"Commonwealth parliamentary workplace" means:
(a) a place in the precincts (within the meaning of the Parliamentary Precincts Act 1988 ); or
(b) premises provided or paid for under the Parliamentary Business Resources Act 2017 ; or
(c) any other place where a Commonwealth parliamentary workplace participant performs duties as a Commonwealth parliamentary workplace participant .
"Commonwealth parliamentary workplace participant" means:
(a) a core participant; or
(b) a non - core participant.
"complainant" means:
(a) in relation to a conduct complaint--the person who made the conduct complaint; or
(b) in relation to a conduct issue referral, if the referrer became aware of the conduct issue because of a complaint made to the referrer--the person who made the complaint to the referrer.
conduct complaint ": see subsection" 24C(3).
"conduct issue" : see subsection 24AA(1).
"conduct issue referral" means a referral of a conduct issue under section 24CA or 24CB.
"core participant" means:
(a) a parliamentarian; or
(b) a MOPS employee; or
(c) a Parliamentary Service employee; or
(ca) the Secretary of a Parliamentary Department; or
(cb) the Parliamentary Librarian; or
(cc) an Agency Head whose predominant place of work as an Agency Head is a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in this section; or
(cd) an AFP appointee whose predominant place of work as an AFP appointee is a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in this section; or
(d) an APS employee whose predominant place of work as an APS employee is a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in this section; or
(e) a person employed by the Commonwealth as a driver to provide the car - with - driver transport service known as COMCAR, to the extent the person's duties relate to parliamentarians; or
(f) a designated worker.
Note: APS employee is defined in the Acts Interpretation Act 1901 .
"court/tribunal order" has the same meaning as in the Privacy Act 1988 .
"decision-maker" for a conduct issue: see subsection 24CT(2).
"designated worker" means a worker (within the meaning of the Work Health and Safety Act 2011 ) who:
(a) carries out work in any capacity for a business or undertaking of the Commonwealth constituted by the provision of support to a parliamentarian; and
(b) carries out the work mentioned in paragraph (a) predominantly at a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in this section; and
(c) is not a person covered by paragraphs (a) to (e) of the definition of core participant in this section.
"detriment" includes (without limitation) any of the following:
(a) dismissal of an employee;
(b) injury of an employee in their employment;
(c) alteration of an employee's position to their disadvantage;
(d) discrimination between an employee and other employees of the same employer;
(e) harassment or intimidation of a person;
(f) harm or injury to a person, including psychological harm;
(g) damage to a person's property;
(h) damage to a person's reputation;
(i) damage to a person's business or financial position;
(j) any other damage to a person.
"election period" : see subsection 6(3).
"employer" , for a respondent, means:
(a) if the respondent is a MOPS employee--the employing individual (within the meaning of the Members of Parliament (Staff) Act 1984 ) for the respondent; or
(b) otherwise--the person who employs the respondent in the respondent's capacity as a Commonwealth parliamentary workplace participant.
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.
"entrusted person" means:
(a) the CEO; or
(b) a Commissioner; or
(c) a person referred to in section 40A (persons assisting the IPSC); or
(d) a person referred to in section 40B (consultants).
final report means a report prepared under section " " 24CZ.
"independent member" means a member of the PWSS Consultative Committee who is not a parliamentarian or a MOPS employee.
"investigating Commissioner" for a conduct issue: see subsection 24CD(2).
"IPSC" means the Independent Parliamentary Standards Commission established by section 24B.
"IPSC public statement" means a statement under Division 7 of Part 2A.
"mandatory education or training program" : see paragraph 18(2)(a).
"mandatory policy or procedure" : see subsection 17(3).
"member" of the PWSS Advisory Board includes the Chair of the PWSS Advisory Board.
"Minister" : see section 6A.
"MOPS employee" means a person who is employed under the Members of Parliament (Staff) Act 1984 .
"non-core participant" means a person, other than a core participant, who performs work (whether or not paid work) predominantly at a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in this section.
"original decision" : see subsection 24DD(1).
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
"parliamentarian" : see section 6.
"parliamentarian decision panel" for a conduct issue: see subsection 24CS(1).
"Parliamentary Department" means any of the following:
(a) the Department of the Senate;
(b) the Department of the House of Representatives;
(c) the Department of Parliamentary Services;
(d) the Parliamentary Budget Office.
"Parliamentary Joint Committee" means the Parliamentary Joint Committee on Parliamentary Standards for the time being constituted under Part 6A.
"Parliamentary party" means a political party (within the meaning of the Commonwealth Electoral Act 1918 ) at least one member of which is a member of the Parliament of the Commonwealth.
"parliamentary sanction" , in relation to a member of a House of the Parliament, means:
(a) the suspension of the member for a period of no more than the maximum period for which a member of that House may be suspended under the standing orders of that House; or
(b) the discharge of the member from a committee of one or both Houses of the Parliament; or
(c) a deduction from the member's annual base salary (within the meaning of the Parliamentary Business Resources Act 2017 ), by way of fine, of an amount that is more than 2%, but less than 5%, of that salary.
"Parliamentary Service employee" has the same meaning as in the Parliamentary Service Act 1999 .
"personal information" has the same meaning as in the Privacy Act 1988 .
"post-Code conduct" : see subsection 24AB(2).
"pre-Code conduct" : see subsection 24AB(1).
"Presiding Officer" means:
(a) the President of the Senate or a person covered by paragraph 6(1)(d); or
(b) the Speaker of the House of Representatives or a person covered by paragraph 6(1)(e).
"Privileges Committee" of a House of the Parliament means the committee of that House responsible for inquiring into matters of privilege.
"protected disclosure" : see section 24H.
"public report" means a report under section 22 that is published by the PWSS on its website.
"PWSS" means the Parliamentary Workplace Support Service established by section 12.
"PWSS Advisory Board" means the Parliamentary Workplace Support Service Advisory Board established by section 42.
"PWSS Consultative Committee" means the Parliamentary Workplace Support Service Consultative Committee established by section 57.
"PWSS" rules means rules made under section 69.
referrer ", for a conduct issue referral, means the person who makes the referral."
"relevant conduct" means:
(b) post - Code conduct.
"respondent" for a conduct issue: see subsection 24AA(2).
"responsible Commissioner or Commissioners" : see section 24AE.
"review decision" : see subsection 24DD(5).
"review panel" : see subsection 24DD(1).
"Secretary" , in relation to a Parliamentary Department, means the Secretary of that Department for the purposes of the Parliamentary Service Act 1999 .
"sensitive information" means information the disclosure of which:
(a) could prejudice the security, defence or international relations of Australia; or
(b) would prejudice relations between:
(i) the Commonwealth Government and the Government of a State or Territory; or
(ii) the Government of a State or Territory and the Government of another State or Territory; or
(c) would involve disclosing:
(i) deliberations or decisions of the Cabinet, or of any committee of the Cabinet, of the Commonwealth or of a State; or
(ii) deliberations or advice of the Federal Executive Council or the Executive Council of a State or the Northern Territory; or
(iii) deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or
(d) could endanger a person's life or physical safety; or
(e) could prejudice the protection of public safety; or
(f) would prejudice the fair trial of any person or the impartial adjudication of a matter; or
(g) would prejudice the proper enforcement of the law; or
(h) would involve disclosing information whose disclosure is prohibited (absolutely or subject to qualifications) by or under another law of the Commonwealth; or
(i) would involve unreasonably disclosing a person's personal information; or
(j) would involve unreasonably disclosing confidential commercial information.
"serious breach finding" , in relation to the respondent for a conduct issue: see paragraph 24CY(1)(d).
"serious offence" means:
(a) an offence against a law of the Commonwealth, a State or a Territory involving assault or sexual assault; or
(b) any other offence prescribed by the PWSS rules.
"staff of the PWSS" means the staff described in section 38.
State or Territory law enforcement entity means:
(a) a police force or police service of a State or Territory; or
(b) any other authority or person responsible for the enforcement of the laws of a State or Territory.
"support person" , for a person, means someone approved as a support person for that person under subsection 24FC(4) or 24FI(2).
"vacancy" , in relation to the office of a member of the PWSS Advisory Board, has a meaning affected by section 7.
"work health and safety law" means:
(a) the Work Health and Safety Act 2011 ; or
(b) a corresponding WHS law (within the meaning of that Act).