Commonwealth: Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Act 2024 (Cth)

Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Act 2024 No. 86, 2024 An Act to amend the Parliamentary Workplace Support Service Act 2023 to establish the Independent Parliamentary Standards Commission, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments Part 1—Amendments commencing day after Royal Assent Parliamentary Workplace Support Service Act 2023 Part 2—Amendments commencing on Proclamation Archives Act 1983 Freedom of Information Act 1982 Members of Parliament (Staff) Act 1984 National Anti‑Corruption Commission Act 2022 Parliamentary Workplace Support Service Act 2023 Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023 Schedule 2—Application and transitional provisions Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Act 2024 No. 86, 2024 An Act to amend the Parliamentary Workplace Support Service Act 2023 to establish the Independent Parliamentary Standards Commission, and for related purposes [Assented to 17 September 2024] The Parliament of Australia enacts: 1 Short title This Act is the Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Act 2024. 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. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day after this Act receives the Royal Assent. 18 September 2024 2. Schedule 1, Part 1 The day after this Act receives the Royal Assent. 18 September 2024 3. Schedule 1, Part 2 A single day to be fixed by Proclamation. 14 October 2024 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 day after the end of that period. (F2024N00933) 4. Schedule 2 At the same time as the provisions covered by table item 3. 14 October 2024 Note: This table relates only to the provisions of this Act as originally enacted.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 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Part 1—Amendments commencing day after Royal Assent Parliamentary Workplace Support Service Act 2023 1 Section 4 (at the end of the paragraph beginning "This Act also establishes") Add: ; and (c) the Parliamentary Joint Committee on Parliamentary Standards, to oversee the work of the IPSC. 2 Section 5 Insert: Parliamentary Joint Committee means the Parliamentary Joint Committee on Parliamentary Standards for the time being constituted under Part 6A. Privileges Committee of a House of the Parliament means the committee of that House responsible for inquiring into matters of privilege. 3 After Part 6 Insert: Part 6A—Parliamentary Joint Committee on Parliamentary Standards 59A Simplified outline of this Part This Part provides for the Parliamentary Joint Committee on Parliamentary Standards. The Parliamentary Joint Committee is to be appointed as soon as practicable after the commencement of the first session of each Parliament. The functions of the Parliamentary Joint Committee include: (a) considering proposed recommendations for the appointment of Commissioners; and (b) reviewing the operation and effectiveness of each Behaviour Code; and (c) monitoring and reviewing the performance by the Commissioners of their functions; and (d) reporting to both Houses of the Parliament on any matter connected with the performance of the functions of the IPSC or the Commissioners. 59B Parliamentary Joint Committee on Parliamentary Standards (1) As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Joint Committee on Parliamentary Standards, is to be appointed according to the practice of the Parliament. (2) The Parliamentary Joint Committee is to consist of 12 members, being: (a) 6 members of the Privileges Committee of the Senate appointed by the Senate; and (b) 6 members of the Privileges Committee of the House of Representatives appointed by that House. (3) The 6 members appointed by each of the Senate and the House of Representatives must consist of the following: (a) 3 members of the Government; (b) 2 members of the Opposition; (c) 1 member of the Parliament who is a member of neither the Government nor the Opposition. 59C Chair of the Parliamentary Joint Committee Office of Chair of the Parliamentary Joint Committee (1) There must be a Chair of the Parliamentary Joint Committee, who must be a member of the Government elected by the members of the Parliamentary Joint Committee from time to time. (2) The Chair holds office during the pleasure of the Parliamentary Joint Committee. (3) A person holding office as Chair ceases to hold the office if the person: (a) ceases to be a member of the Parliamentary Joint Committee; or (b) resigns the office. (4) A person holding office as Chair may resign the office by giving a signed notice of resignation to a meeting of the Parliamentary Joint Committee. Votes of the Chair (5) At meetings of the Parliamentary Joint Committee at which the Chair is present, the Chair: (a) has a deliberative vote; and (b) has a casting vote if votes are equal. 59CA Deputy Chair of the Parliamentary Joint Committee (1) There must be a Deputy Chair of the Parliamentary Joint Committee, who must be a member of the Opposition elected by the members of the Parliamentary Joint Committee from time to time. (2) The Deputy Chair holds office during the pleasure of the Parliamentary Joint Committee. (3) A person holding office as Deputy Chair ceases to hold the office if the person: (a) ceases to be a member of the Parliamentary Joint Committee; or (b) resigns the office. (4) A person holding office as Deputy Chair may resign the office by giving a signed notice of resignation to a meeting of the Parliamentary Joint Committee. 59D Eligibility for appointment as a Parliamentary Joint Committee member A member of the Parliament is not eligible for appointment as a member of the Parliamentary Joint Committee if the member is: (a) a Minister; or (b) the President of the Senate; or (c) the Speaker of the House of Representatives; or (d) the Deputy President and Chair of Committees of the Senate; or (e) the Deputy Speaker of the House of Representatives. 59E Terms of office of Parliamentary Joint Committee members (1) A member of the Parliamentary Joint Committee holds office during the pleasure of the House of the Parliament by which the member was appointed. (2) A person ceases to hold office as a member of the Parliamentary Joint Committee if: (a) the House of Representatives expires by the passing of time or is dissolved; or (b) the person becomes the holder of an office specified in any of the paragraphs of section 59D; or (c) the person ceases to be a member of the House of the Parliament by which the person was appointed; or (ca) the person ceases to be a member of the Privileges Committee of the House of the Parliament by which the person was appointed; or (d) the person resigns the person's office as provided by subsection (3) of this section. (3) A member of the Parliamentary Joint Committee appointed by a House of the Parliament may resign the member's office by giving the Presiding Officer of that House a written resignation. (4) A House of the Parliament may appoint a member of its Privileges Committee to fill a vacancy among the members of the Parliamentary Joint Committee appointed by that House. 59F Powers and proceedings of the Parliamentary Joint Committee All matters relating to the powers and proceedings of the Parliamentary Joint Committee are to be determined by resolution of both Houses of the Parliament. 59G Functions of the Parliamentary Joint Committee (1) The Parliamentary Joint Committee has the following functions: (a) to consider, in accordance with section 59H, proposed recommendations for the appointment of Commissioners; (b) to review, in accordance with section 59J, each Behaviour Code; (c) to monitor and review the performance by the Commissioners of their functions; (d) to report to both Houses of the Parliament, with such comments as it thinks fit, on any matter connected with the performance of the functions of the IPSC or the Commissioners that the Parliamentary Joint Committee considers should be directed to the attention of the Parliament; (e) to examine and report to the Parliament on any matter relating to the IPSC appearing in, or arising out of, a report prepared under subsection 22(2); (f) to inquire into any question in connection with the Parliamentary Joint Committee's functions that is referred to it by either House of the Parliament, and to report to that House on that question; (g) other functions as are conferred on the Parliamentary Joint Committee by resolution of both Houses of the Parliament. (2) Subsection (1) does not authorise the Parliamentary Joint Committee to: (a) direct the activities of the IPSC, a Commissioner or a panel of Commissioners; or (b) investigate a conduct issue; or (c) reconsider a decision made by the decision‑maker for a conduct issue; or (d) review an investigation into a conduct issue that has not been completed; or (e) give or seek advice or information about, or in relation to, a particular person or conduct issue. 59H Parliamentary Joint Committee must approve or reject recommendation for appointment (1) The Parliamentary Joint Committee must approve or reject a proposed recommendation, referred to the Parliamentary Joint Committee by the Minister, for the appointment of a Commissioner. (2) The Parliamentary Joint Committee must make the decision on the proposed recommendation within: (a) 14 calendar days after the referral; or (b) if, within the first 14 calendar days after the referral, the Parliamentary Joint Committee notifies the Minister that it requires additional time to consider the referral—44 calendar days after the referral. (3) As soon as practicable after making the decision, the Parliamentary Joint Committee must: (a) give the Minister notice of the decision; and (b) report the decision to both Houses of the Parliament. (4) The Parliamentary Joint Committee is taken to have approved the proposed recommendation if it does not give notice under paragraph (3)(a) within the period specified in paragraph 2(a) or (b), as the case requires. 59J Review of Behaviour Codes (1) The Parliamentary Joint Committee: (a) must commence a review under this section within one year after the commencement of the first session of each Parliament that commences after the commencement of this section; and (b) may, if the Committee resolves to do so, commence a review under this section at any other time. (2) A review under this section must consider the operation and effectiveness of each Behaviour Code. (3) The Parliamentary Joint Committee must report the Committee's findings of a review under this section to both Houses of the Parliament as soon as practicable after completing the review. Part 2—Amendments commencing on Proclamation Archives Act 1983 4 Subsection 3(1) (subparagraph (a)(iii) of the definition of PWSS document) Omit "or". 5 Subsection 3(1) (at the end of paragraph (a) of the definition of PWSS document) Add: (iv) the Independent Parliamentary Standards Commission; or Freedom of Information Act 1982 6 At the end of subsection 7(2AAA) Add: ; (d) the Independent Parliamentary Standards Commission. Members of Parliament (Staff) Act 1984 7 Section 3 Insert: IPSC means the Independent Parliamentary Standards Commission. 8 Paragraph 7(3)(b) Repeal the paragraph, substitute: (b) have powers to terminate or suspend employment or take other employment actions (see sections 16, 18 and 20). 9 Subsection 7(4) (note) Repeal the note, substitute: Note: The Parliamentary Workplace Support Service Act 2023 establishes the PWSS and the IPSC, which also have functions in relation to employment under this Act. The PWSS: (a) provides human resources support to parliamentarians, office‑holders and their employees and has functions in the areas of policy development, training, advice, and education; and (b) can exercise the powers of an employer in relation to persons employed under this Act in certain circumstances; and (c) has some powers to suspend employees. A Commissioner of the IPSC can, in certain circumstances, recommend that a parliamentarian or office‑holder: (a) terminate or suspend employees; and (b) take other employment actions in relation to employees. 10 Section 10 (after the paragraph beginning "Parliamentarians and office‑holders can suspend") Insert: Parliamentarians and office‑holders are also required to take certain employment actions in relation to their employees, including termination of employment, on the recommendation of a Commissioner of the IPSC. 11 Subsection 13(4) Omit "or 18 or 19 (suspension from duties)", substitute ", 18 or 19 (suspension from duties) or 20 (employment actions following IPSC recommendation)". 12 Subsection 15(6) Omit "The", substitute "Subject to subsection 20(3) (about employment actions following an IPSC recommendation), the". 13 At the end of Part III Add: 20 Employment actions following IPSC recommendation (1) This section applies if, under the Parliamentary Workplace Support Service Act 2023: (a) a Commissioner of the IPSC decides to recommend that the employing individual for a person employed under this Act take any of the following actions in relation to the person: (i) give the person a written reprimand; (ii) require the person to undertake training or professional development; (iii) require the person to enter into an agreement with the employing individual about the person's future behaviour; (iv) re‑assign the person's duties; (v) deduct from the person's annual salary, by way of fine, an amount not exceeding 2% of that salary; (vi) terminate the person's employment; and (b) the decision is in operation. (2) The action must be taken by: (a) if paragraph (b) does not apply—the employing individual; or (b) if the CEO is exercising the powers of an employer under subsection 15(5) in relation to the person—the CEO. Note 1: The employing individual is the parliamentarian or office‑holder who employed the person on behalf of the Commonwealth (see the definition of employing individual in section 3). Note 2: Additional rules or procedures to be followed in taking these actions may be set out in: (a) the agreement for the employment of the person; or (b) fair work instruments (within the meaning of the Fair Work Act 2009); or (c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act. (3) Subsection 15(6) (CEO may not exercise power to terminate) does not apply if: (a) the action is to terminate the person's employment; and (b) the action must be taken by the CEO because of paragraph (2)(b) of this section. (4) To avoid doubt, if the action is to terminate the person's employment, section 16 (termination by notice) does not apply in relation to the termination. (5) The employing individual or the CEO must inform the IPSC as soon as practicable after taking an action under subsection (2). (6) This section does not limit the actions that an employing individual for a person employed under this Act or the CEO may take in relation to the person's employment. National Anti‑Corruption Commission Act 2022 14 After paragraph 15(pa) Insert: (pb) a Commissioner of the Independent Parliamentary Standards Commission; Parliamentary Workplace Support Service Act 2023 15 At the end of section 3 Add: ; and (d) to promote and enforce compliance by Commonwealth parliamentary workplace participants with the Behaviour Codes. 16 Section 4 (paragraph (f) of the paragraph beginning "The functions of the PWSS") Repeal the paragraph. 17 Section 4 (after the paragraph beginning "The functions of the PWSS") Insert: 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. 18 Section 4 (paragraph beginning "The PWSS has") Repeal the paragraph, substitute: 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. 19 Section 5 Insert: 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. 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. 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. 20 Section 5 (after paragraph (c) of the definition of core participant) Insert: (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 21 Section 5 (paragraph (c) of the definition of designated worker) Repeal the paragraph, substitute: (c) is not a person covered by paragraphs (a) to (e) of the definition of core participant in this section. 22 Section 5 Insert: court/tribunal order has the same meaning as in the Privacy Act 1988. decision‑maker for a conduct issue: see subsection 24CT(2). 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. 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. 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. original decision: see subsection 24DD(1). 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 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. 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). protected disclosure: see section 24H. referrer, for a conduct issue referral, means the person who makes the referral. 23 Section 5 (definition of relevant conduct) Repeal the definition, substitute: relevant conduct means: (a) pre‑Code conduct; or (b) post‑Code conduct. 24 Section 5 Insert: 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. 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). 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). 25 Section 11 (paragraph (f) of the paragraph beginning "The functions of the PWSS") Repeal the paragraph. 26 Section 11 (paragraph beginning "The PWSS") After "functions of the PWSS", insert ", IPSC". 27 Subsection 12(3) Repeal the subsection. 28 Paragraph 13(f) Repeal the paragraph. 29 Paragraph 13(i) After "available to", insert "the IPSC,". 30 Subparagraph 14(b)(ii) Repeal the subparagraph, substitute: (ii) the Behaviour Codes that apply to them; 31 Subparagraph 14(c)(ii) Repeal the subparagraph, substitute: (ii) the Behaviour Codes that apply to them; 32 After subsection 16(2) Insert: (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. 33 Subparagraph 18(1)(a)(i) After "the PWSS", insert "and the IPSC". 34 Subparagraph 18(1)(a)(iii) Repeal the subparagraph, substitute: (iii) the Behaviour Codes; and 35 Section 19 Repeal the section. 36 Subsection 22(1) After "functions of the PWSS", insert ", IPSC". 37 At the end of subsection 22(2) Add: ; (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. 38 Subsection 22(3) Omit "paragraphs (2)(a) to (f)", substitute "paragraphs (2)(a) to (g)". 39 Subsection 22(5) Omit all the words after "the PWSS must give", substitute "each Presiding Officer a copy of the report". 40 Paragraph 23(7)(b) Omit "could identify", substitute "identifies, or is likely to enable the identification of,". 41 After Part 2 Insert: 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 for the conduct issue. (3) The Chair Commissioner may vary or revoke an assignment under paragraph (1)(a) at any time. 24CE Conduct issues arising from anonymous statements (1) The Chair Commissioner must not deal with a conduct issue if the Chair Commissioner becomes aware of the issue because of an anonymous statement. (2) However, the Chair Commissioner must: (a) refer the conduct issue to be dealt with by the PWSS, if the Chair Commissioner is satisfied that the statement: (i) is not frivolous, vexatious, misconceived or lacking in substance; and (ii) was made in good faith; and (b) if the contact details of the person who made the statement are known to the Chair Commissioner—take reasonable steps to contact the person and advise them of the services provided by the PWSS under section 15 (support function). 24CF How conduct issues may be dealt with The investigating Commissioner must deal with a conduct issue by doing any of the following: (a) investigating the issue; (b) referring the issue under: (i) section 24CI (decision not to investigate—referral to PWSS); or (ii) section 24CJ (decision not to investigate—referral to Agency Head etc.); or (iii) section 24CK (decision not to investigate—referral under another law); (c) taking no action, or no further action, in relation to the issue. 24CG Preliminary inquiries (1) The investigating Commissioner may make any preliminary inquiries, of any person, that the Commissioner considers necessary for the purposes of determining how to deal with a conduct issue. (2) This section does not limit the information, documents or things to which the investigating Commissioner may have regard in making a decision about how to deal with a conduct issue. 24CH When conduct issue may or may not be investigated When Commissioner may decide to investigate (1) The investigating Commissioner may decide to investigate a conduct issue only if: (a) the Commissioner is satisfied on reasonable grounds that there is sufficient evidence or information to justify doing so; and (b) if the issue arose from a conduct complaint or conduct issue referral—either: (i) the Commissioner has consent to investigate the issue; or (ii) the Commissioner is reasonably satisfied that a serious risk to work health or safety arises, or could arise, from the conduct concerned. (2) For the purposes of this section, the investigating Commissioner has consent to investigate a conduct issue if: (a) the issue arose from a conduct complaint and the complainant has not withdrawn the complaint; or (b) all of the following apply: (i) the issue arose from a conduct issue referral for which there is a complainant; (ii) the referral was made with the consent of the complainant; (iii) the complainant has not withdrawn that consent; or (c) the issue arose from a conduct issue referral for which there is no complainant. Commissioner may consult before deciding whether to investigate (3) Before deciding whether to investigate a conduct issue, the investigating Commissioner may consult with any person affected by the conduct concerned as the Commissioner considers appropriate. When Commissioner must decide not to investigate etc. (4) The investigating Commissioner must decide not to investigate a conduct issue, or (if the investigation has started) not to investigate a conduct issue further, if: (a) the issue arose from a conduct complaint or conduct issue referral and at the time of the conduct concerned, both the complainant and respondent were non‑core participants; or (b) at the time of the conduct concerned, the respondent was: (i) an APS employee who is not a MOPS employee; or (ii) a Parliamentary Service employee; or (iii) an Agency Head; or (iv) the Secretary of a Parliamentary Department; or (v) the Parliamentary Librarian; or (vi) an AFP appointee; or (c) the conduct concerned forms part of proceedings in Parliament for the purposes of section 16 of the Parliamentary Privileges Act 1987; or (d) the conduct concerned may constitute a serious offence against a person and the person does not consent to the investigation. When Commissioner may decide not to investigate etc. (5) The investigating Commissioner may decide not to investigate a conduct issue, or (if the investigation has started) not to investigate a conduct issue further, if: (a) if the issue arose from a conduct complaint or conduct issue referral—the Commissioner is satisfied that the complaint or referral is frivolous, vexatious, misconceived or lacking in substance or was not made in good faith; or (b) if the issue arose from a conduct complaint or conduct issue referral and the Commissioner does not have consent to investigate the issue—the Commissioner is satisfied that it is unreasonable to continue the investigation, taking into account the progress of the investigation and fairness between the persons affected by the investigation; or (c) the Commissioner is satisfied that the conduct concerned: (i) would be more appropriately dealt with through a service provided under section 16 (complaint resolution function), or under another law of the Commonwealth or a law of a State or Territory; or (ii) is being dealt with through a service provided under section 16 (complaint resolution function); or (iii) is being dealt with under another law of the Commonwealth or a law of a State or Territory and it would be inappropriate to conduct an investigation under this Act at the same time; or (iv) has already been dealt with under this Part, another law of the Commonwealth or a law of a State or Territory and there are no further matters concerning the conduct that warrant investigation; or (d) the conduct concerned is, or has been, the subject of criminal or civil proceedings (including any preliminary investigations or action that might lead to criminal or civil proceedings); or (e) if the respondent is a non‑core participant—the Commissioner is satisfied that the issue would be more appropriately dealt with by the respondent's employer; or (f) the Commissioner is satisfied it is inappropriate or impracticable for the issue to be investigated for any other reason. 24CI Decision not to investigate—referral to PWSS (1) This section applies if the investigating Commissioner: (a) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and (b) does so because: (i) the issue arose from a conduct complaint or conduct issue referral and at the time of the conduct concerned, both the complainant and respondent were non‑core participants; or (ii) the Commissioner is satisfied that the conduct concerned would be more appropriately dealt with through a service provided under section 16 (complaint resolution function). (2) This section also applies if the investigating Commissioner: (a) decides not to investigate a conduct issue; and (b) does so because: (i) the issue arose from a conduct issue referral for which there is a complainant; and (ii) the Commissioner does not have consent to investigate the issue (within the meaning of subsection 24CH(2)); and (iii) the Commissioner is not satisfied as required by subparagraph 24CH(1)(b)(ii) (which deals with serious risks to work health or safety). (3) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by the PWSS. (4) However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral. 24CJ Decision not to investigate—referral to Agency Head etc. (1) This section applies if the investigating Commissioner: (a) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and (b) does so because, at the time of the conduct concerned, the respondent was: (i) an APS employee who is not a MOPS employee; or (ii) a Parliamentary Service employee; or (iii) an Agency Head; or (iv) the Secretary of a Parliamentary Department; or (v) the Parliamentary Librarian; or (vi) an AFP appointee. (2) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by: (a) if the respondent is an APS employee of an Agency (within the meaning of the Public Service Act 1999)—the Agency Head of that Agency; or (b) if the respondent is a Parliamentary Service employee of a Parliamentary Department—the Secretary of that Department; or (c) if the respondent is an Agency Head—the Australian Public Service Commissioner; or (d) if the respondent is the Secretary of a Parliamentary Department—each Presiding Officer; or (e) if the respondent is the Parliamentary Librarian—the Secretary of the Department of Parliamentary Services; or (f) if the respondent is an AFP appointee—the Commissioner of Police (within the meaning of the Australian Federal Police Act 1979). (3) However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral. 24CK Decision not to investigate—referral under another law (1) This section applies if: (a) the investigating Commissioner: (i) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and (ii) does so because the Commissioner is satisfied that the conduct concerned would be more appropriately dealt with under another law of the Commonwealth or a law of a State or Territory; and (b) section 24CJ (decision not to investigate—referral to Agency Head etc.) does not apply. (2) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with under the other law. (3) However, if the conduct concerned may constitute a serious offence against a person, the investigating Commissioner must not refer the issue under this section to the Australian Federal Police or the police force or police service of a State or Territory unless: (a) the person consents to the referral; or (b) the Commissioner is required to do so by or under a law of the Commonwealth, a State or a Territory, or a court/tribunal order. 24CL Notice of decision about investigating conduct issue Decision to investigate (1) The investigating Commissioner must take reasonable steps to give written notice of a decision to investigate a conduct issue to the following: (a) the respondent; (b) if any of the following applies—the respondent's employer: (i) the issue did not arise from a conduct complaint or conduct issue referral; (ii) the issue arose from a conduct complaint or conduct issue referral and the complainant consents to the giving of the notice; (iii) the issue arose from a conduct issue referral for which there is no complainant; (iv) the Commissioner is reasonably satisfied that the issue is relevant to a duty or obligation of the employer under a work health and safety law; (c) if the issue arose from a conduct complaint or conduct issue referral—the complainant; (d) if the issue arose from a conduct issue referral—the referrer. (2) A notice under subsection (1) must set out: (a) the reasons for the decision; and (b) details of the conduct issue concerned; and (c) the effect of section 24CP (requirement to cooperate); and (d) if the notice is given to the respondent or complainant—information about the services provided by the PWSS under section 15 (support function). Decision not to investigate (3) The investigating Commissioner must take reasonable steps to give written notice of a decision not to investigate a conduct issue, or not to investigate a conduct issue further, to the following: (a) if the Commissioner has previously made the respondent aware of a matter relating to the issue (whether by giving a notice under this Act or otherwise)—the respondent; (b) any other person to whom the Commissioner has previously given a notice under this Act in relation to the issue; (c) if the issue arose from a conduct complaint or conduct issue referral—the complainant; (d) if the issue arose from a conduct issue referral—the referrer. (4) A notice under subsection (3) must set out the reasons for the decision. 24CM Notice of amended complaint (1) This section applies if: (a) the investigating Commissioner gives notice of a decision to investigate a conduct issue to the respondent; and (b) the issue arose from a conduct complaint; and (c) the complainant amends the complaint after the notice is given. (2) The investigating Commissioner must, as soon as practicable, give written notice of the amended complaint to the respondent. Subdivision C—Investigating conduct issues 24CN Application of Subdivision This Subdivision applies if the investigating Commissioner decides to investigate a conduct issue. 24CO Conduct of investigations (1) The investigating Commissioner may investigate the conduct issue in such manner as the Commissioner thinks fit. (2) The investigating Commissioner must: (a) complete the investigation as quickly as the requirements of this Act and a proper consideration of the conduct issue permits; and (b) observe the requirements of procedural fairness when conducting the investigation. (3) Conduct issues may be investigated together. 24CP Requirement to cooperate (1) This section applies if the respondent is: (a) a person covered by paragraph 6(1)(a) or (b); or (b) a MOPS employee. (2) The respondent must cooperate with any person who is performing functions, or exercising powers, under this Act in relation to the investigation. Note: A failure to comply with this subsection may constitute a breach of a Behaviour Code. 24CQ Commissioner may recommend suspension for non‑parliamentarians during investigation (1) This section applies if the respondent is not a parliamentarian. (2) The investigating Commissioner may recommend that the respondent's employer suspend the respondent from duties: (a) if the Commissioner is reasonably satisfied that the employer should do so to comply with a duty or obligation under a work health and safety law; and (b) for a specified period of no longer than 30 days. (3) The investigating Commissioner must consult the respondent's employer in determining: (a) whether to make the recommendation, if a recommendation has previously been made under this section in relation to the respondent; and (b) the period to be specified. Subdivision D—Report of investigation into conduct issue 24CR Application of Subdivision This Subdivision applies after an investigation into a conduct issue is completed. 24CS Parliamentarian decision panel (1) If the respondent is a current or former parliamentarian, the Chair Commissioner must, as soon as practicable, constitute a panel (the parliamentarian decision panel) for the conduct issue. (2) The parliamentarian decision panel must consist of: (a) the investigating Commissioner; and (b) 2 other Commissioners. (3) The Chair Commissioner may reconstitute the parliamentarian decision panel at any time. (4) Anything done by the parliamentarian decision panel must be agreed to by a majority of the panel's members. 24CT Draft report on investigation (1) The decision‑maker must prepare a draft report on the investigation. (2) The decision‑maker for the conduct issue is: (a) if the respondent is a current or former parliamentarian—the parliamentarian decision panel for the issue; or (b) otherwise—the investigating Commissioner. (3) If the decision‑maker is a parliamentarian decision panel: (a) the investigating Commissioner must provide to the panel relevant evidence and other material gathered during the investigation; and (b) the panel may request the investigating Commissioner to obtain such other evidence or material about the conduct issue as the panel requires; and (c) the panel must consider the evidence and other material in preparing the draft report. 24CU Contents of draft report The draft report must set out: (a) the decision‑maker's preliminary findings on the conduct issue, including whether the respondent has engaged in relevant conduct; and (b) a summary of the evidence and other material on which those preliminary findings are based; and (c) if there is a preliminary finding that the respondent has engaged in relevant conduct—any recommendations that the decision‑maker proposes to make in relation to the respondent; and (d) if there is a preliminary finding that the respondent has engaged in relevant conduct and the respondent is a current or former parliamentarian—any sanctions that the decision‑maker proposes to impose on the respondent; and (e) if: (i) there is a preliminary serious breach finding in relation to the respondent; and (ii) the respondent is a current member of a House of the Parliament; and (iii) there is a preliminary finding that it is appropriate for a parliamentary sanction to be imposed on the respondent; whether the decision‑maker proposes to refer the preliminary serious breach finding to the Privileges Committee of that House. Note: The decision‑maker is not required to propose a recommendation, sanction or referral, even if there is a preliminary finding that the respondent has engaged in relevant conduct. 24CV Opportunity to respond to preliminary findings and proposed sanctions etc. (1) This section applies if the draft report sets out: (a) a preliminary finding that is critical (either expressly or impliedly) of a person; or (b) a proposed recommendation to take an action in relation to a person; or (c) a proposed sanction to be imposed on a person; or (d) a proposed referral of a serious breach finding in relation to a person to the Privileges Committee of a House of the Parliament. (2) The decision‑maker must give the person: (a) a statement setting out the preliminary finding or proposal; and (b) a reasonable opportunity to respond to the preliminary finding or proposal. 24CW Draft report may be given to respondent or complainant (1) The decision‑maker may, if the decision‑maker considers it appropriate to do so, give a copy of the draft report to either or both of the following: (a) the respondent; (b) if the conduct issue arose from a conduct complaint or conduct issue referral—the complainant. (2) The decision‑maker must exclude from the copy any information that the decision‑maker is satisfied is sensitive information. 24CX Apologies by the respondent (1) This section applies if: (a) before the draft report is prepared, the investigating Commissioner is satisfied as mentioned in subsection (2); or (b) after the draft report is prepared and before a decision is made under section 24CY, the decision‑maker is satisfied as mentioned in subsection (2) of this section. (2) For the purposes of paragraphs (1)(a) and (b), the investigating Commissioner or decision‑maker must be satisfied that: (a) it would be appropriate in the circumstances, taking into account the seriousness of the conduct concerned, for the respondent to apologise to a person affected by the conduct concerned; and (b) the conduct concerned would not constitute an offence. (3) The investigating Commissioner or decision‑maker may facilitate, in such manner as they see fit, the making of the apology if: (a) the respondent consents to making the apology; and (b) the person consents to receiving the apology. (4) The making of the apology: (a) is not an admission of fault or liability; and (b) is not admissible in evidence against the respondent in any civil proceedings in respect of the conduct concerned. (5) The decision‑maker may take the apology into account in making a decision under section 24CY. 24CY Decision on conduct issue 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 secti