Legislation, Legislation In force, Commonwealth Legislation
Parliamentary Workplace Support Service Act 2023 (Cth)
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.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 a
