Commonwealth: Parliamentary Workplace Support Service Act 2023 (Cth)

Parliamentary Workplace Support Service Act 2023 No. 72, 2023 Compilation No. 2 Compilation date: 14 October 2024 Includes amendments: Act No. 86, 2024 About this compilation This compilation This is a compilation of the Parliamentary Workplace Support Service Act 2023 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of this Act 4 Simplified outline of this Act 5 Definitions 6 Meaning of parliamentarian 6A References to the Minister 7 Vacancy in the office of a member of the PWSS Advisory Board 8 Crown to be bound 9 Extension to external Territories 10 Extra‑territorial operation Part 2—Parliamentary Workplace Support Service Division 1—Simplified outline of this Part 11 Simplified outline of this Part Division 2—Establishment and functions of the PWSS 12 Parliamentary Workplace Support Service 13 Functions of the PWSS 14 Human resources functions 15 Support function 16 Complaint resolution function 17 Policy development function 18 Education and training functions 20 Independence of the PWSS 21 PWSS has privileges and immunities of the Crown Division 3—Reports by the PWSS 22 Reports by the PWSS Division 4—Taking action against parliamentarians for certain non‑compliance 23 Including details of certain non‑compliance by parliamentarians in a public report 24 Notifying parliamentary Leaders of certain non‑compliance Part 2A—Independent Parliamentary Standards Commission Division 1—Introduction Subdivision A—Simplified outline of this Part 24A Simplified outline of this Part Subdivision B—Key concepts for the IPSC 24AA Meanings of conduct issue and respondent 24AB Meanings of pre‑Code conduct and post‑Code conduct 24AC Meanings of Behaviour Code and Code commencement day 24AD Meaning of before the IPSC 24AE Meaning of responsible Commissioner or Commissioners Division 2—Establishment and functions of the IPSC 24B Independent Parliamentary Standards Commission 24BA Functions of the IPSC 24BB Guidance function 24BC IPSC has privileges and immunities of the Crown Division 3—How the IPSC deals with conduct issues Subdivision A—Complaints and referrals 24C Conduct complaints 24CA Conduct issue referrals by parliamentarians 24CB Conduct issue referrals by the CEO 24CC Requirements for referrals Subdivision B—Dealing with conduct issues 24CD Assignment of investigating Commissioner 24CE Conduct issues arising from anonymous statements 24CF How conduct issues may be dealt with 24CG Preliminary inquiries 24CH When conduct issue may or may not be investigated 24CI Decision not to investigate—referral to PWSS 24CJ Decision not to investigate—referral to Agency Head etc. 24CK Decision not to investigate—referral under another law 24CL Notice of decision about investigating conduct issue 24CM Notice of amended complaint Subdivision C—Investigating conduct issues 24CN Application of Subdivision 24CO Conduct of investigations 24CP Requirement to cooperate 24CQ Commissioner may recommend suspension for non‑parliamentarians during investigation Subdivision D—Report of investigation into conduct issue 24CR Application of Subdivision 24CS Parliamentarian decision panel 24CT Draft report on investigation 24CU Contents of draft report 24CV Opportunity to respond to preliminary findings and proposed sanctions etc. 24CW Draft report may be given to respondent or complainant 24CX Apologies by the respondent 24CY Decision on conduct issue 24CZ Final report on investigation Division 4—Review 24D Application of Division 24DA Applying for internal review 24DB Extension of period for applying for review 24DC Notice of application 24DD Internal review 24DE Notice of review decision etc. 24DF Conduct of reviews etc. 24DG Requirement to cooperate Division 5—Referral of serious breach findings to Parliament 24E Application of Division 24EA Referral to Privileges Committee 24EB Privileges Committee to make recommendations to House 24EC House may resolve to impose sanctions 24ED Powers of Houses not limited Division 6—Information management Subdivision A—Requiring information and documents etc. 24F Notice to give information etc. 24FA When compliance with notice is not required 24FB Offence—failure to comply with notice to give information etc. 24FC Interviews 24FD Retaining documents and things 24FE When documents and things must be returned 24FF Privilege against self‑incrimination and legal professional privilege not abrogated Subdivision B—Confidentiality notices 24FG Application of Subdivision 24FH Confidentiality notices 24FI Disclosures etc. to which confidentiality notices do not apply 24FJ Offence—failure to comply with confidentiality notice Subdivision C—Secrecy of information 24FK Unauthorised disclosure of information 24FL Disclosure etc. for purposes connected with functions and powers 24FM Disclosure etc. of information relating to serious offences 24FN Disclosure etc. required or authorised by law 24FO Disclosure etc. to protect life, health or safety 24FP Disclosure etc. of publicly available information 24FQ Disclosure etc. to comply with requirement to produce 24FR Disclosure to employers Division 7—Public statements 24G Public statements to afford fairness 24GA Public statements about parliamentarians 24GB Content and detail in IPSC public statements 24GC Requirements for including identifying information in IPSC public statements Division 8—Protections and immunities 24H Meaning of protected disclosure 24HA Offences—causing detriment in relation to protected disclosures 24HB Immunity from liability for protected disclosures 24HC Liability for false or misleading disclosures unaffected 24HD Person's liability for own conduct not affected 24HE Claims for protection 24HF Protection has effect despite other Commonwealth laws Part 2B—Application of the finance law 24J Simplified outline of this Part 24K Application of the finance law Part 3—Chief Executive Officer of the PWSS Division 1—Introduction 25 Simplified outline of this Part Division 2—Establishment and functions of the CEO 26 Chief Executive Officer 27 Functions of the CEO 28 Independence of the CEO Division 3—Appointment of the CEO 29 Appointment of CEO 30 Appointment of acting CEO Division 4—Terms and conditions for the CEO 31 Remuneration of the CEO 32 Leave of absence of the CEO 33 Other employment of the CEO 34 Resignation of the CEO 35 Termination of appointment of the CEO 36 Other terms and conditions of the CEO Part 3A—Commissioners of the IPSC Division 1—Introduction 36A Simplified outline of this Part Division 2—Establishment and functions of Commissioners 36B Commissioners 36C Functions of the Commissioners 36D Independence of the Commissioners Division 3—Appointment of Commissioners 36E Appointment of Commissioners 36F Acting Commissioners Division 4—Terms and conditions for Commissioners 36G Training requirements 36H Remuneration of Commissioners 36J Leave of absence 36K Resignation 36L Termination of appointment Part 4—Staff of the PWSS and IPSC etc. Division 1—Introduction 37 Simplified outline of this Part Division 2—Staff of the PWSS etc. 38 Staff 39 Persons assisting the PWSS 40 Consultants Division 3—Staff of the IPSC etc. 40A Persons assisting the IPSC 40B Consultants Division 4—Immunity from liability 40C Immunity from liability for PWSS and IPSC officials Part 5—PWSS Advisory Board Division 1—Introduction 41 Simplified outline of this Part Division 2—Establishment and functions of the PWSS Advisory Board 42 Parliamentary Workplace Support Service Advisory Board 43 Functions of the PWSS Advisory Board 44 PWSS Advisory Board must approve or reject certain proposals Division 3—Membership of the PWSS Advisory Board 45 Membership of the PWSS Advisory Board 46 Appointment of members of the PWSS Advisory Board 47 Period of appointment for members of the PWSS Advisory Board 48 Acting members of the PWSS Advisory Board Division 4—Terms and conditions for members of the PWSS Advisory Board 49 Remuneration 50 Disclosure of interests 51 Leave of absence 52 Resignation 53 Termination of appointment 54 Other terms and conditions Division 5—PWSS Advisory Board procedures 55 PWSS Advisory Board procedures Part 6—PWSS Consultative Committee 56 Simplified outline of this Part 57 Parliamentary Workplace Support Service Consultative Committee 58 Functions of the PWSS Consultative Committee 59 Membership of the PWSS Consultative Committee etc. Part 6A—Parliamentary Joint Committee on Parliamentary Standards 59A Simplified outline of this Part 59B Parliamentary Joint Committee on Parliamentary Standards 59C Chair of the Parliamentary Joint Committee 59CA Deputy Chair of the Parliamentary Joint Committee 59D Eligibility for appointment as a Parliamentary Joint Committee member 59E Terms of office of Parliamentary Joint Committee members 59F Powers and proceedings of the Parliamentary Joint Committee 59G Functions of the Parliamentary Joint Committee 59H Parliamentary Joint Committee must approve or reject recommendation for appointment 59J Review of Behaviour Codes Part 7—Information sharing Division 1—Introduction 60 Simplified outline of this Part Division 2—Information sharing between the PWSS, IPSC and other entities and persons 61 Information sharing between the PWSS, IPSC and other entities and persons 62 Giving information to PWSS for certain reports 63 CEO may make arrangements for sharing information with or by the PWSS 63A Chair Commissioner may make arrangements for sharing information with or by the IPSC Division 3—Requesting information from parliamentarians and MOPS employees 64 Requesting information from parliamentarians 65 Requesting information from MOPS employees Part 8—Miscellaneous 66 Simplified outline of this Part 67 Effect of this Act on parliamentary privileges and immunities 68 Review of operation of this Act 69 PWSS rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the Parliamentary Workplace Support Service, and for related purposes Part 1—Preliminary 1 Short title This Act is the Parliamentary Workplace Support Service Act 2023. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act A single day to be fixed by Proclamation. 1 October 2023 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the first day of the first calendar month to start after the end of that period. (F2023N00347) Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Objects of this Act The objects of this Act are: (a) to support safe and respectful workplaces for parliamentarians, MOPS employees and other Commonwealth parliamentary workplace participants; and (b) to support positive cultural change in those workplaces; and (c) to provide centralised human resources support to parliamentarians and MOPS employees; and (d) to promote and enforce compliance by Commonwealth parliamentary workplace participants with the Behaviour Codes. 4 Simplified outline of this Act This Act establishes the Parliamentary Workplace Support Service. The functions of the PWSS include: (a) its human resources functions; and (b) its support function; and (c) its complaint resolution function; and (d) its policy development function; and (e) its education and training functions; and (g) to monitor, review and evaluate certain matters; and (h) to prepare and publish reports. The Independent Parliamentary Standards Commission is also established by this Act. The functions of the IPSC include: (a) assisting the Commissioners in the performance of their functions; and (b) publishing guidance about its functions and the functions of the Commissioners. The functions of the Commissioners include: (a) dealing with conduct issues in accordance with Divisions 3 to 6 of Part 2A; and (b) preparing and publishing IPSC public statements in accordance with Division 7 of Part 2A. Parliamentarians must comply with certain training requirements, consultation requirements and requests for information under this Act. A failure to comply may result in details of the non‑compliance being published in a public report. There is to be a Chief Executive Officer of the PWSS. The CEO is responsible for the management of the PWSS and the IPSC, for ensuring that the PWSS performs its functions and for assisting the IPSC and Commissioners to perform their functions and exercise their powers. This Act also establishes: (a) the Parliamentary Workplace Support Service Advisory Board, to advise the CEO on matters relevant to the PWSS or CEO; and (b) the Parliamentary Workplace Support Service Consultative Committee, to enable parliamentarians and MOPS employees to be consulted on matters relevant to the PWSS; and (c) the Parliamentary Joint Committee on Parliamentary Standards, to oversee the work of the IPSC. 5 Definitions In 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. identifying information means information that identifies, or is likely to enable the identification of, a person. 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. legal practitioner means a barrister, a solicitor, a barrister and solicitor or a legal practitioner of the High Court or of the Supreme Court of a State or Territory. 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: (a) pre‑Code conduct; or (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). 6 Meaning of parliamentarian (1) For the purposes of this Act, parliamentarian means: (a) a senator; or (b) a member of the House of Representatives; or (c) a Minister of State who is not a senator or member of the House of Representatives; or (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or (f) a person not covered by any of paragraphs (a) to (e) or (g) who is covered by subsection (2) at a particular time; or (g) a person not covered by any of paragraphs (a) to (f) who held the office of Prime Minister. (2) A person is covered by this subsection at a particular time if: (a) the person was a senator or member of the House of Representatives immediately before an election period; and (b) the person is a candidate at the election to which the election period relates; and (c) the time is within the election period. (3) In this section: election period, in relation to an election (within the meaning of the Commonwealth Electoral Act 1918), means the period: (a) commencing on the day of issue of the writ for the election; and (b) ending on the day of the declaration of the poll in the election. 6A References to the Minister Despite section 19 of the Acts Interpretation Act 1901, a reference to "the Minister" in a provision of this Act or the PWSS rules at a particular time is a reference to: (a) the Special Minister of State, if there is a Minister identified by that title at that time; or (b) otherwise—the Minister, or any of the Ministers, administering the provision at that time. Note: A reference to a Minister in paragraph (a) or (b) of this section may include a reference to a person acting for or on behalf of the Minister (see subsection 19(4) of the Acts Interpretation Act 1901). 7 Vacancy in the office of a member of the PWSS Advisory Board For the purposes of a reference in: (a) this Act to a vacancy in the office of a member of the PWSS Advisory Board; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 4 offices of members of the PWSS Advisory Board in addition to the Chair of the PWSS Advisory Board. 8 Crown to be bound This Act binds the Crown in right of the Commonwealth. 9 Extension to external Territories This Act extends to every external Territory. 10 Extra‑territorial operation This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country. Part 2—Parliamentary Workplace Support Service Division 1—Simplified outline of this Part 11 Simplified outline of this Part This Part establishes the Parliamentary Workplace Support Service. The functions of the PWSS include: (a) its human resources functions; and (b) its support function; and (c) its complaint resolution function; and (d) its policy development function; and (e) its education and training functions; and (g) to monitor, review and evaluate certain matters; and (h) to prepare and publish reports. The PWSS may prepare reports about matters relating to the functions of the PWSS, IPSC or CEO. The PWSS must prepare a report each financial year about certain matters, including: (a) gender and diversity characteristics of parliamentarians and MOPS employees; and (b) gender equality in relation to remuneration for parliamentarians and MOPS employees; and (c) the employment of MOPs employees; and (d) the prevention of, and responses to, relevant conduct. Parliamentarians must comply with certain training requirements, consultation requirements and requests for information under this Act. A failure to comply may result in details of the non‑compliance being published in a public report. Division 2—Establishment and functions of the PWSS 12 Parliamentary Workplace Support Service (1) The Parliamentary Workplace Support Service is established by this section. Note 1: The PWSS does not have a legal identity separate from the Commonwealth. Note 2: In this Act, PWSS means the Parliamentary Workplace Support Service—see section 5. (2) The PWSS consists of: (a) the CEO; and (b) the staff of the PWSS referred to in section 38; and (c) persons whose services are made available to the PWSS under section 39. 13 Functions of the PWSS The PWSS has the following functions: (a) its human resources functions (under section 14); (b) its support function (under section 15); (c) its complaint resolution function (under section 16); (d) its policy development function (under section 17); (e) its education and training functions (under section 18); (g) to monitor, review and evaluate: (i) the matters covered by paragraphs 22(2)(a) to (f); and (ii) other matters relating to any of its other functions; (h) to prepare and publish reports as mentioned in Division 3; (i) to make resources and facilities available to the IPSC, the PWSS Advisory Board and the PWSS Consultative Committee; (j) to assist the CEO in the performance of the CEO's functions; (k) such other functions as are conferred on the PWSS by this Act or by any other law of the Commonwealth; (l) to do anything incidental to, or conducive to, the performance of the above functions. Note: This subsection does not prevent another Commonwealth entity from performing a function that falls within the functions of the PWSS (including its human resources functions). 14 Human resources functions The PWSS has the following human resources functions: (a) to advise and assist current and former parliamentarians in connection with their employment of MOPS employees, or their engagement of designated workers; (b) to advise and assist current and former parliamentarians in connection with their obligations under: (i) policies and procedures determined by the PWSS under section 17; and (ii) the Behaviour Codes that apply to them; (c) to advise and assist current and former MOPS employees in connection with their employment as MOPS employees, including in connection with their obligations under: (i) policies and procedures determined by the PWSS under section 17; and (ii) the Behaviour Codes that apply to them; (d) to advise and assist current and former designated workers in connection with their engagement as designated workers, including in connection with their obligations under policies and procedures determined by the PWSS under section 17; (e) without limiting paragraphs (a), (b), (c) and (d)—to provide human resources services to parliamentarians, MOPS employees and designated workers in connection with the following: (i) the employment of MOPS employees; (ii) the engagement of designated workers; (iii) work health and safety matters that arise in connection with the duties of parliamentarians, MOPS employees or designated workers. 15 Support function (1) The support function of the PWSS is to provide support services to current and former Commonwealth parliamentary workplace participants under subsection (2). (2) The PWSS may provide support services in relation to alleged relevant conduct to a person who is a current or former Commonwealth parliamentary workplace participant in accordance with the following table: Support services Item If, at the time the alleged conduct was engaged in, the person was… the PWSS may provide support services to the person if the alleged conduct… and occurred… 1 a core participant was engaged in by, or affected, the person in the course of the person performing duties as a core participant 2 a non‑core participant was engaged in by a core participant and affected the person in the course of the core participant performing duties as a core participant 3 a non‑core participant was engaged in by, or affected, the person (a) in the course of the person performing duties as a non‑core participant; and (b) at a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in section 5 (3) For the purposes of this section, the provision of support services includes the provision of early intervention services. 16 Complaint resolution function (1) The complaint resolution function of the PWSS is to provide services to current and former Commonwealth parliamentary workplace participants under subsection (2) to facilitate the independent resolution of complaints involving alleged relevant conduct. (2) The PWSS may provide services to facilitate the independent resolution of complaints involving alleged relevant conduct to both of the following parties: (a) one or more current or former Commonwealth parliamentary workplace participants who are alleged to have engaged in relevant conduct (the first party); (b) one or more current or former Commonwealth parliamentary workplace participants who are affected by the alleged relevant conduct (the second party); in accordance with the following table: Complaint resolution services Item If, at the time the alleged conduct was engaged in, the first party was… and the second party was… the PWSS may provide the services in relation to… 1 a core participant a core participant or a non‑core participant alleged relevant conduct engaged in in the course of the first party performing duties as a core participant 2 a non‑core participant a core participant or a non‑core participant alleged relevant conduct engaged in: (a) in the course of the first party performing duties as a non‑core participant; and (b) at a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in section 5 (2A) If the first party apologises to the second party for the alleged relevant conduct while the PWSS is providing services under this section to the parties, the making of the apology: (a) is not an admission of fault or liability; and (b) is not admissible in evidence against the first party in any civil proceedings in respect of the conduct. (2B) Subsection (2A) does not apply in relation to conduct that would constitute an offence. (3) It is not a function of the PWSS under this section to: (a) investigate a complaint; or (b) make a finding of fact; or (c) arbitrate any matter. However, paragraph (a) does not prevent the PWSS from seeking information for the purposes of providing a service mentioned in subsection (2). (4) For the purposes of this section, the provision of services to facilitate the independent resolution of complaints includes the provision of early intervention services. 17 Policy development function (1) The policy development function of the PWSS is to determine policies and procedures: (a) relating to workforce strategies for the employment of MOPS employees; or (b) for the purposes of supporting parliamentarians to discharge their obligations in relation to the employment of MOPS employees; or (c) relating to work health and safety matters that arise in connection with the duties of parliamentarians, MOPS employees or designated workers; or (d) for the purposes of supporting Commonwealth parliamentary workplaces to be safe and respectful. (2) It is not a function of the PWSS under subsection (1) to determine a policy or procedure: (a) that applies only to a specified Commonwealth parliamentary workplace participant; or (b) for the terms or conditions of employment of a MOPS employee. (3) A policy or procedure determined under subsection (1) may declare that it is a mandatory policy or procedure. (4) A parliamentarian must comply with a requirement of a mandatory policy or procedure that applies to the parliamentarian. Note: The PWSS may take action in relation to a parliamentarian who fails to comply with such a requirement: see Division 4. (5) A mandatory policy or procedure must be determined by the CEO, by legislative instrument. (6) Before the CEO determines a mandatory policy or procedure: (a) the CEO must consult the PWSS Consultative Committee about the proposed mandatory policy or procedure; and (b) the CEO must have referred the proposed mandatory policy or procedure to the PWSS Advisory Board under section 44; and (c) one of the following must have occurred: (i) the PWSS Advisory Board was taken to have approved the proposed mandatory policy or procedure under subsection (4) of that section; (ii) the PWSS Advisory Board has notified the CEO that it has decided to approve the proposed mandatory policy or procedure. (7) The PWSS must publish a policy or procedure determined under this section on its website. 18 Education and training functions (1) The PWSS has the following education and training functions: (a) to provide and arrange for education of, and for informing, Commonwealth parliamentary workplace participants about: (i) the functions of the PWSS and the IPSC; and (ii) work health and safety matters that arise in connection with the duties of parliamentarians, MOPS employees or designated workers; and (iii) the Behaviour Codes; and (iv) for parliamentarians and MOPS employees—matters relating to the employment of MOPS employees or establishing and maintaining safe and respectful workplaces; (b) without limiting paragraph (a)—to provide, or arrange for the provision of, education or training programs to parliamentarians and MOPS employees about matters referred to in that paragraph; (c) to develop and maintain, and make information available in relation to, a learning and professional development program for MOPS employees. (2) The CEO may, by legislative instrument, determine: (a) that a specified education or training program provided under paragraph (1)(b) is a mandatory education or training program; and (b) requirements for the completion of a mandatory education or training program. (3) A parliamentarian must comply with a requirement determined under paragraph (2)(b) that applies to the parliamentarian. Note: The PWSS may take action in relation to a parliamentarian who fails to comply with such a requirement: see Division 4. (4) The CEO must not determine under subsection (2) that an education or training program is a mandatory education or training program only for a specified parliamentarian or MOPS employee. (5) Before the CEO determines a mandatory education or training program or requirements for completing such a program: (a) the CEO must consult the PWSS Consultative Committee about the proposed program or requirements; and (b) the CEO must have referred the proposed program or requirements to the PWSS Advisory Board under section 44; and (c) one of the following must have occurred: (i) the PWSS Advisory Board was taken to have approved the proposed program or requirements under subsection (4) of that section; (ii) the PWSS Advisory Board has notified the CEO that it has decided to approve the proposed program or requirements. 20 Independence of the PWSS Subject to this Act and other laws of the Commonwealth, the PWSS: (a) has discretion in the performance or exercise of the functions or powers of the PWSS; and (b) is not subject to direction by any person in relation to the performance or exercise of those functions or powers. 21 PWSS has privileges and immunities of the Crown The PWSS has the privileges and immunities of the Crown in right of the Commonwealth. Division 3—Reports by the PWSS 22 Reports by the PWSS (1) The PWSS may prepare reports about matters relating to the functions of the PWSS, IPSC or CEO. (2) Without limiting subsection (1), at least once each financial year, the PWSS must prepare a report that contains information relating to the following: (a) gender and diversity characteristics of parliamentarians and MOPS employees; (b) gender equality in relation to remuneration for parliamentarians and MOPS employees; (c) the employment of persons under the Members of Parliament (Staff) Act 1984 and the engagement of designated workers; (d) progress in the prevention of, and responses to, alleged relevant conduct that is engaged in: (i) in the course of a core participant performing duties as a core participant; or (ii) at places covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in section 5; (e) the culture and performance of workplaces covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in section 5; (f) work health and safety matters connected with the duties of parliamentarians, MOPS employees and designated workers; (g) conduct complaints and conduct issue referrals received, and conduct issues dealt with, by the IPSC, including general information about: (i) the investigation of conduct issues; and (ii) any actions taken as a result of those investigations. (3) The PWSS rules may prescribe details about a matter mentioned in any of paragraphs (2)(a) to (g) that must or must not be included in a report required by subsection (2). (4) The PWSS must publish a report required by subsection (2), and may publish any other report under this section, on its website. (5) Before the PWSS publishes a report under this section on its website, the PWSS must give each Presiding Officer a copy of the report. (6) A Presiding Officer of a House of the Parliament must cause a copy of the report to be presented to that House as soon as practicable after the Presiding Officer receives the copy under subsection (5). (7) The PWSS must not publish the report before a copy of the report has been presented to a House of the Parliament in accordance with subsection (6). (8) This section does not limit section 46 of the Public Governance, Performance and Accountability Act 2013 (annual report for Commonwealth entities). (9) A report under this section must not include personal information (subject to section 23). Note: Information that is de‑identified (within the meaning of the Privacy Act 1988) is not personal information. (10) To avoid doubt, a report under this section is not a periodic report for the purposes of section 34C of the Acts Interpretation Act 1901. Division 4—Taking action against parliamentarians for certain non‑compliance 23 Including details of certain non‑compliance by parliamentarians in a public report (1) This section applies if a parliamentarian: (a) fails to comply with a request for information under subsection 64(1) within the period specified in the request; or (b) fails to comply with a provision of the Members of Parliament (Staff) Act 1984 that requires the parliamentarian to consult with the PWSS before terminating the employment of a MOPS employee; or (c) fails to comply with a requirement determined under paragraph 18(2)(b) (completion of mandatory training or education program) that applies to the parliamentarian. (2) The CEO may determine that the PWSS will include details about the failure in a public report. (3) If the parliamentarian is a member of a Parliamentary party, the CEO must inform the Leader of the party of the CEO's determination before the public report is given to the President of the Senate and the Speaker of the House of Representatives under subsection 22(5). (4) In considering whether details should be included in a public report, the CEO may have regard to any relevant matter and must have regard to the following: (a) the nature of the failure and the circumstances in which it occurred; (b) the reason (if any) given by the parliamentarian for the failure; (c) any previous failure by the parliamentarian of a kind covered by subsection (1); (d) the consequences of the failure; (e) if the failure relates to a person other than the parliamentarian—whether the inclusion of the details would identify the other person; (f) any submissions made under subsection (5) or (7) in relation to the failure. Consultation with parliamentarians (5) Before the CEO makes a determination under subsection (2), the CEO must give the parliamentarian a written notice: (a) stating that the CEO is proposing for the PWSS to include details about the failure in a public report; and (b) inviting the parliamentarian to make submissions to the CEO in relation to the proposal within a reasonable period specified in the notice. (6) The CEO must give the parliamentarian a written notice informing the parliamentarian of the CEO's decision on the proposal. Consultation with other persons (7) If: (a) the failure relates to a person other than the parliamentarian; and (b) the inclusion of details about the failure in a public report identifies, or is likely to enable the identification of, the person; then before the CEO makes a determination under subsection (2), the CEO must give the person a written notice: (c) stating that the CEO is proposing for the PWSS to include details about the failure in a public report; and (d) inviting the person to make submissions to the CEO in relation to the proposal within a reasonable period specified in the notice. (8) The CEO must give the person a written notice informing the person of the CEO's decision on the proposal. 24 Notifying parliamentary Leaders of certain non‑compliance (1) This section applies if a parliamentarian: (a) fails to comply with a request for information under subsection 64(1) within the period specified in the request; or (b) fails to comply with a provision of the Members of Parliament (Staff) Act 1984 that requires the parliamentarian to consult with the PWSS before terminating the employment of a MOPS employee; or (c) fails to comply with a requirement of a mandatory policy or procedure that applies to the parliamentarian; or (d) fails to comply with a requirement determined under paragraph 18(2)(b) (completion of mandatory training or education program) that applies to the parliamentarian. (2) If the parliamentarian is a member of a Parliamentary party, the CEO must inform the Leader of the party of the failure. Part 2A—Independent Parliamentary Standards Commission Division 1—Introduction Subdivision A—Simplified outline of this Part 24A Simplified outline of this Part This Part establishes the Independent Parliamentary Standards Commission. The IPSC consists of: (a) the Commissioners; and (b) persons made available by the CEO to assist the IPSC to perform its functions. The functions of the IPSC include: (a) assisting the Commissioners in the performance of their functions; and (b) publishing guidance about its functions and the functions of the Commissioners. The Commissioners are able to investigate conduct issues that arise from a complaint or referral made to the IPSC, or that the Chair Commissioner becomes aware of in any other way. A conduct issue is an issue of whether a person has engaged in relevant conduct. Relevant conduct means: (a) pre‑Code conduct, which is certain conduct engaged in by parliamentarians, MOPS employees or non‑core participants before the Behaviour Codes have commenced; or (b) post‑Code conduct, which is conduct in breach of a Behaviour Code that is engaged in by any Commonwealth parliamentary workplace participant. If a person is found to have engaged in such conduct, the Commissioners may: (a) recommend actions to be taken against the person; and (b) if the person is a current or former parliamentarian—impose sanctions on the person; and (c) if the person is a current member of a House of the Parliament and a serious breach finding is made—refer the finding to the Privileges Committee of that House. Division 4 provides for internal reviews of decisions made by Commissioners. Division 5 deals with the process for referring a serious breach finding to the Privileges Committee of a House of the Parliament. Division 6 deals with information‑gathering powers, confidentiality notices, and the circumstances in which an entrusted person may record or disclose information. Division 7 sets out the Commissioners' power to make public statements about conduct issues that were or are before the IPSC. Division 8 provides protections and immunities for persons who make complaints about or refer conduct issues, or provide other information, under this Act. Subdivision B—Key concepts for the IPSC 24AA Meanings of conduct issue and respondent (1) A conduct issue is an issue of whether a person has engaged in, or is engaging in, relevant conduct. Note: In this Act, relevant conduct means pre‑Code conduct or post‑Code conduct (see section 5). (2) The person is the respondent for the conduct issue. 24AB Meanings of pre‑Code conduct and post‑Code conduct (1) Pre‑Code conduct is conduct that: (a) is engaged in before the Code commencement day; and (b) consists of any of the following: (i) sexual assault; (ii) assault; (iii) sexual harassment; (iv) harassment; (v) another person being bullied at work (within the meaning of the Fair Work Act 2009); (vi) unreasonable behaviour towards another person that creates a risk to work health or safety; and (c) is engaged in by a person (the first person) covered by column 1 of an item of the following table; and (d) affects a person (the second person) covered by column 2 of that item; and (e) meets the requirements in column 3 of that item. Pre‑Code conduct—persons and requirements Item Column 1 Column 2 Column 3 First person Second person Requirements 1 A parliamentarian or MOPS employee A parliamentarian, MOPS employee or Parliamentary Service employee The conduct was engaged in in the course of either the first person or second person performing duties as a parliamentarian, MOPS employee or Parliamentary Service employee (as the case requires) 2 A non‑core participant A parliamentarian, MOPS employee or Parliamentary Service employee The conduct was engaged in: (a) in the course of either the first person or second person performing duties as a non‑core participant, parliamentarian, MOPS employee or Parliamentary Service employee (as the case requires); and (b) at a place in the precincts (within the meaning of the Parliamentary Precincts Act 1988) (2) Post‑Code conduct is conduct that: (a) is engaged in on or after the Code commencement day; and (b) is engaged in by a Commonwealth parliamentary workplace participant; and (c) constitutes or involves a breach of a Behaviour Code, as in force at the time of the conduct; and (d) either: (i) affects a Commonwealth parliamentary workplace participant; or (ii) does not directly affect another person. 24AC Meanings of Behaviour Code and Code commencement day (1) Each of the following is a Behaviour Code: (a) a determination, under subsection 13(2) of the Members of Parliament (Staff) Act 1984, that a MOPS employee must comply with a code or standard of behaviour (other than the Ministerial Staff Code of Conduct) as a term and condition of employment, as in force from time to time; (b) a code or standard of behaviour for persons in Commonwealth parliamentary workplaces that is approved, from time to time, by a resolution of both Houses of the Parliament. (2) The Code commencement day is the first day on which both of the following are in force: (a) a determination mentioned in paragraph (1)(a); (b) a code or standard mentioned in paragraph (1)(b). 24AD Meaning of before the IPSC A conduct issue is before the IPSC if: (a) both of the following apply: (i) the issue arises from a conduct complaint or conduct issue referral made to the IPSC; (ii) a Commissioner has not yet been assigned to deal with the issue; or (b) the Chair Commissioner has become aware of, and is considering whether to assign themselves to deal with, the issue; or (c) any other action is being taken in relation to the issue under this Part. 24AE Meaning of responsible Commissioner or Commissioners (1) The responsible Commissioner or Commissioners for a conduct issue covered by an item of column 1 of the following table are the Commissioners mentioned in column 2 of the item. Responsible Commissioner or Commissioners for conduct issues Item Column 1 Column 2 Conduct issue Responsible Commissioner or Commissioners 1 A Commissioner has not yet been assigned to deal with the conduct issue the Chair Commissioner 2 A Commissioner has been assigned to deal with the conduct issue, and neither table item 3 nor 4 applies the investigating Commissioner 3 The conduct issue is, or has been, before a parliamentarian decision panel and table item 4 does not apply a majority of the Commissioners on the parliamentarian decision panel 4 The conduct issue is, or has been, before a review panel a majority of the Commissioners on the review panel (2) If a Commissioner who would be covered by column 2 of the table in subsection (1) is no longer a Commissioner, the Chair Commissioner is taken to be that Commissioner. Division 2—Establishment and functions of the IPSC 24B Independent Parliamentary Standards Commission (1) The Independent Parliamentary Standards Commission is established by this section. Note 1: The IPSC does not have a legal identity separate from the Commonwealth. Note 2: In this Act, IPSC means the Independent Parliamentary Standards Commission (see section 5). (2) The IPSC consists of: (a) the Commissioners; and (b) the persons referred to in paragraphs 40A(1)(a) and (b). 24BA Functions of the IPSC The IPSC has the following functions: (a) to assist the Commissioners in the performance of their functions; (b) its guidance function (under section 24BB); (c) such other functions as are conferred on the IPSC by this Act or by any other law of the Commonwealth; (d) to do anything incidental to, or conducive to, the performance of the above functions. 24BB Guidance function (1) The guidance function of the IPSC is to develop and publish guidance about: (a) the functions and powers of the Commissioners; and (b) the functions of the IPSC. (2) The guidance must include information about: (a) the importance of early reporting to the police of relevant conduct that may constitute an offence; and (b) the consequences of failing to do so on future investigations and prosecutions of such conduct. 24BC IPSC has privileges and immunities of the Crown The IPSC has the privileges and immunities of the Crown in right of the Commonwealth. Division 3—How the IPSC deals with conduct issues Subdivision A—Complaints and referrals 24C Conduct complaints (1) A person may make a complaint to the IPSC if: (a) the complaint is about alleged post‑Code conduct; and (b) the person was or is affected by the alleged conduct; and (c) the person was or is a Commonwealth parliamentary workplace participant at the time of the alleged conduct. (2) A person may also make a complaint to the IPSC if: (a) the complaint is about alleged pre‑Code conduct; and (b) the person was or is affected by the alleged conduct; and (c) the person was or is a parliamentarian, MOPS employee or Parliamentary Service employee at the time of the alleged conduct. (3) A complaint made under this section is a conduct complaint. (4) A conduct complaint must: (a) be made in writing; and (b) include the following: (i) details of the alleged conduct; (ii) any evidence to support the complaint; (iii) the complainant's name and contact details. (5) The complainant may amend the complaint with the agreement of: (a) the investigating Commissioner for the conduct issue arising from the complaint; or (b) if there is no investigating Commissioner—the Chair Commissioner. 24CA Conduct issue referrals by parliamentarians Parliamentarians generally (1) A parliamentarian may refer a conduct issue to the IPSC if: (a) the complainant or respondent is employed by the parliamentarian; or (b) the complainant's or respondent's predominant place of work is at an office provided to the parliamentarian: (i) under the Parliamentary Business Resources Act 2017; or (ii) at a place in the precincts (within the meaning of the Parliamentary Precincts Act 1988). Presiding Officers (2) A Presiding Officer may refer a conduct issue to the IPSC if: (a) either: (i) the Presiding Officer is the President of the Senate or a person covered by paragraph 6(1)(d), and the respondent is a senator; or (ii) the Presiding Officer is the Speaker of the House of Representatives or a person covered by paragraph 6(1)(e), and the respondent is a member of the House of Representatives; and (b) the Presiding Officer is reasonably satisfied that the conduct concerned does not form part of proceedings in Parliament for the purposes of section 16 of the Parliamentary Privileges Act 1987. Leaders of Parliamentary parties (3) The Leader of a Parliamentary party may refer a conduct issue to the IPSC if the respondent is or was, at the time of the conduct concerned: (a) a parliamentarian; and (b) a member of that party. Application (4) To avoid doubt, subsection (1) is not limited by subsection (2) or (3). 24CB Conduct issue referrals by the CEO (1) The CEO may refer a conduct issue to the IPSC. (2) However, the CEO must not refer a conduct issue to the IPSC if the issue arises from an anonymous statement. (3) The CEO may, in writing, delegate the CEO's power under subsection (1) to a member of the staff of the PWSS who is: (a) an SES employee or an acting SES employee; or (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position. Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations. (4) In exercising a power under a delegation under subsection (3), the delegate must comply with any written directions of the CEO. 24CC Requirements for referrals (1) A conduct issue referral must: (a) be made in writing; and (b) include the following information: (i) details of the conduct issue; (ii) any evidence relevant to the conduct issue; (iii) the name and contact details of the referrer. (2) If the referrer became aware of the conduct issue because of a complaint made to the referrer: (a) the referral must not be made unless either: (i) the complainant consents to the referral; or (ii) the referrer is reasonably satisfied that making the referral is necessary to comply with a duty or obligation under a work health and safety law; and (b) the referral must also include the name and contact details of the complainant. (3) To avoid doubt, this Subdivision does not require a person to refer a conduct issue to the IPSC. Subdivision B—Dealing with conduct issues 24CD Assignment of investigating Commissioner (1) The Chair Commissioner: (a) must assign a Commissioner to deal with a conduct issue arising from a conduct complaint or conduct issue referral; and (b) may, subject to section 24CE (conduct issues arising from anonymous statements), assign themselves to deal with a conduct issue that the Chair Commissioner becomes aware of in any other way. (2) The Commissioner assigned to deal with a conduct issue is the investigating Commissioner