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Parliamentary Workplace Support Service Act 2023
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Administered by
Department of Finance
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C2024C00724 (C02)
14 October 2024
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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
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Part 2—Parliamentary Workplace Support Service
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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
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Part 2A—Independent Parliamentary Standards Commission
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Division 1—Introduction
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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
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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
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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
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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
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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
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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
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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
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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
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Part 2B—Application of the finance law
24J Simplified outline of this Part
24K Application of the finance law
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Part 3—Chief Executive Officer of the PWSS
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Division 1—Introduction
25 Simplified outline of this Part
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Division 2—Establishment and functions of the CEO
26 Chief Executive Officer
27 Functions of the CEO
28 Independence of the CEO
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Division 3—Appointment of the CEO
29 Appointment of CEO
30 Appointment of acting CEO
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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
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Part 3A—Commissioners of the IPSC
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Division 1—Introduction
36A Simplified outline of this Part
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Division 2—Establishment and functions of Commissioners
36B Commissioners
36C Functions of the Commissioners
36D Independence of the Commissioners
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Division 3—Appointment of Commissioners
36E Appointment of Commissioners
36F Acting Commissioners
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Division 4—Terms and conditions for Commissioners
36G Training requirements
36H Remuneration of Commissioners
36J Leave of absence
36K Resignation
36L Termination of appointment
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Part 4—Staff of the PWSS and IPSC etc.
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Division 1—Introduction
37 Simplified outline of this Part
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Division 2—Staff of the PWSS etc.
38 Staff
39 Persons assisting the PWSS
40 Consultants
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Division 3—Staff of the IPSC etc.
40A Persons assisting the IPSC
40B Consultants
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Division 4—Immunity from liability
40C Immunity from liability for PWSS and IPSC officials
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Part 5—PWSS Advisory Board
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Division 1—Introduction
41 Simplified outline of this Part
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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
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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
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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
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Division 5—PWSS Advisory Board procedures
55 PWSS Advisory Board procedures
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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.
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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
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Part 7—Information sharing
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Division 1—Introduction
60 Simplified outline of this Part
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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
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Division 3—Requesting information from parliamentarians and MOPS employees
64 Requesting information from parliamentarians
65 Requesting information from MOPS employees
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
