Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Definitions
(1) In this Schedule:
PWSS Act means the Parliamentary Workplace Support Service Act 2023 .
(2) A term used in this Schedule that is defined for the purposes of the PWSS Act has the same meaning in this Schedule as it has in that Act.
2 PWSS may perform functions regardless of when alleged relevant conduct occurs
The PWSS may perform a function under section 15, 16 or 19 of the PWSS Act in relation to alleged relevant conduct that occurs before, on or after the commencement of this item.
3 Transfer to the PWSS of complaints made before commencement under the existing PWSS mechanism
(1) This item applies if:
(a) a complaint was made before the commencement of this item under the existing PWSS mechanism in relation to alleged relevant conduct (within the meaning of the PWSS Act); and
(b) the PWSS would have the power to review the complaint under subsection 19(2) of the PWSS Act if it were made to the PWSS on or after that commencement; and
(c) before that commencement, either:
(i) the complaint had started to be reviewed under the existing PWSS mechanism (whether or not the review had been completed); or
(ii) a decision had not been made under that mechanism whether to review the complaint.
(2) The PWSS must deal with the complaint on and after that commencement as if the complaint had been made to the PWSS under section 19 of the PWSS Act, subject to subitems (3) to (5).
(3) Any steps taken under the existing PWSS mechanism for the purposes of according a person procedural fairness in relation to the complaint are taken, on and after that commencement, to have been taken by the PWSS.
(4) If, before that commencement:
(a) a review of the complaint conducted under the existing PWSS mechanism had been completed; and
(b) a decision was made under the existing PWSS mechanism about whether the complaint is upheld;
then:
(c) the decision is taken, on and after that commencement, to have been made by the PWSS; and
(d) if the complaint was upheld:
(i) any report of the review completed before that commencement is taken, on and after that commencement, to have been prepared by the PWSS under subsection 19(3) of the PWSS Act; and
(ii) any recommendation made before that commencement under the existing PWSS mechanism in relation to the complaint is taken, on and after that commencement, to have been made by the PWSS.
(5) If a report to which subparagraph (4)(d)(i) applies includes a recommendation to a parliamentarian, then:
(a) the PWSS must engage with the parliamentarian under subsection 19(4) of the PWSS Act on and after that commencement in relation to implementing the recommendation; and
(b) any engagement by the Parliamentary Service Commissioner with the parliamentarian before that commencement in relation to implementing the recommendation is taken to have been carried out by the PWSS; and
(c) if the recommendation is not implemented--the PWSS must under subsection 19(5) of the PWSS Act give a copy of the report to the President of the Senate or the Speaker of the House of Representatives (as the case requires).
(6) In this item:
existing PWSS mechanism means the mechanism established by the Parliamentary Service Commissioner in accordance with paragraph 112B(1)(a) of the Parliamentary Service Determination 2013 , as in force at any time before the commencement of this item.
4 Transfer of records
(1) Records and documents covered by subitem (2) or (3) are to be transferred to the PWSS after the commencement of this item.
(2) This subitem covers records or documents that were:
(a) in the possession of the agency (within the meaning of the Public Service Act 1999 ) known as the Australian Public Service Commission immediately before the commencement of this item; and
(b) given to, received by, or brought into existence by, that agency for the dominant purpose of the performance of a function that:
(i) was conferred on the Parliamentary Service Commissioner by subclause 112B(1) of the Parliamentary Service Determination 2013 before that commencement; and
(ii) is to be performed by the PWSS after that commencement.
(3) This subitem covers records or documents that were:
(a) in the possession of the Finance Department immediately before the commencement of this item; and
(b) given to, received by, or brought into existence by, that Department for the dominant purpose of the performance of a function that is to be performed by the PWSS after that commencement.
(4) In this item:
Finance Department means the Department administered by the Minister administering the Public Governance, Performance and Accountability Act 2013 .
5 Confidential information
(1) This item applies to any confidential information given to a person before the commencement of this item for the purpose of the performance of a function that:
(a) was conferred on the Parliamentary Service Commissioner by subclause 112B(1) of the Parliamentary Service Determination 2013 before that commencement; and
(b) is to be performed by the PWSS after that commencement.
(2) The information is taken, immediately after that commencement, to have been given to the PWSS.
6 Reports by the PWSS
(1) Subsection 22(2) of the PWSS Act applies in relation to financial years starting on or after 1 July 2024, subject to subitem (2).
(2) Paragraph 22(2)(d) of the PWSS Act applies in relation to financial years starting on or after 1 July 2025.
Note: Paragraph 22(2)(d) of the PWSS Act covers information relating to progress in the prevention of, and responses to, alleged relevant conduct.
7 Use and disclosure of information
Part 7 of the PWSS Act applies in relation to the use or disclosure of information by a person on or after the commencement of this item, whether the information was obtained by, or disclosed to, the person before, on or after that commencement.