This instrument is the Parliamentary Workplace Support Service Rules 2025.

(1) Each provision of this instrument 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 instrument	The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Parliamentary Workplace Support Service Act 2023.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) CEO;

(b) independent member;

(d) PWSS Consultative Committee.

In this instrument:

Act means the Parliamentary Workplace Support Service Act 2023.

Part 2—PWSS Advisory Board

5 Purpose of this Part

This Part is made for the purposes of subsection 55(1) of the Act.

6 Holding meetings

(1) The PWSS Advisory Board must hold such meetings as are necessary for the efficient performance of its functions.

Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members of the PWSS Advisory Board may participate in meetings.

(2) Subject to subsection (3), the Chair of the PWSS Advisory Board:

(a) may convene a meeting at any time; and

(b) must convene at least one meeting in each half of a calendar year; and

(3) If, in a calendar year, the Chair has convened 4 or more meetings that have not been convened at the request of the CEO, the Chair may only convene a further meeting in that year if the Chair considers that the meeting is needed due to exceptional circumstances.

7 Presiding at meetings

(1) The Chair of the PWSS Advisory Board must preside at all meetings at which the Chair is present.

(2) If the Chair of the PWSS Advisory Board is not present at a meeting, the other members of the PWSS Advisory Board present must appoint one of themselves to preside.

8 Quorum

(1) At a meeting of the PWSS Advisory Board, a quorum is constituted by 2 members of the PWSS Advisory Board.

(2) However, if:

(a) a member of the PWSS Advisory Board is required by section 50 of the Act not to be present during the deliberations, or to take part in any decision, of the PWSS Advisory Board with respect to a particular matter; and

(b) when the member of the PWSS Advisory Board leaves the meeting concerned there is no longer a quorum present;

the remaining members of the PWSS Advisory Board at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.

9 Minutes

The PWSS Advisory Board must keep minutes of its meetings.

10 Form etc. of advice requested by the CEO

Advice given to the CEO by the PWSS Advisory Board under paragraph 43(3)(b) of the Act (at the request of the CEO) must be given in the form and manner required by the CEO.

11 Other procedural and operational rules

The PWSS Advisory Board may, subject to the Act and this Part, do the following:

(a) operate in the way it determines;

(b) regulate proceedings at its meetings as it considers appropriate.

Part 3—PWSS Consultative Committee

12 Purpose of this Part

This Part is made for the purposes of subsection 59(2) of the Act.

13 Membership of the PWSS Consultative Committee

The PWSS Consultative Committee consists of the following members:

(a) 2 independent members, as required by paragraphs 59(1)(a) and (b) of the Act, which are the Chair and one other person;

(b) 4 parliamentarians consisting of:

(i) one parliamentarian who is a member of the Parliamentary party in Government; and

(ii) one parliamentarian who is a member of the Parliamentary party in Opposition; and

(iii) one parliamentarian who is a member of the Parliamentary party that has the highest number of members who are senators or members of the House of Representatives, that is not in Government or in Opposition; and

(iv) one parliamentarian who is not a member of a Parliamentary party;

(i) one MOPS employee who is employed by a parliamentarian who is a member of the Parliamentary party in Government; and

(ii) one MOPS employee who is employed by a parliamentarian who is a member of the Parliamentary party in Opposition; and

(iii) one MOPS employee who is employed by a parliamentarian who is a member of the Parliamentary party that has the highest number of members who are senators or members of the House of Representatives, that is not in Government or in Opposition; and

(iv) one MOPS employee who is employed by a parliamentarian who is not a member of a Parliamentary party.

Note: See subsections 59(1) and (4) of the Act on membership of the PWSS Consultative Committee and representation among members.

14 Appointment of members of the PWSS Consultative Committee

Appointment by Minister

(1) A member of the PWSS Consultative Committee is to be appointed by the Minister by written instrument.

Note: A member of the PWSS Consultative Committee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

Matters relating to the appointment of independent members

(2) The Minister must not appoint under subsection (1) a person as an independent member if:

(a) the person:

(i) is or has been a parliamentarian; or

(ii) is or has been a MOPS employee; or

(iii) is a Commonwealth parliamentary workplace participant; and

(b) the Minister is not satisfied of the matters in subsection (3).

(3) For the purposes of paragraph (2)(b), the Minister must be satisfied that:

(a) the selection of the person for the appointment is the result of a process that:

(i) was merit‑based; and

(ii) included public advertising of the position; and

(b) the person has skills, knowledge or experience in one or more of the following fields:

(i) parliamentary workplaces;

(ii) human resources, work health and safety or industrial relations;

(iii) public administration or corporate governance.

(4) In appointing under subsection (1) a person as an independent member, the Minister must have regard to the independence of the person from:

(a) parliamentarians; and

(b) MOPS employees; and

(d) the PWSS and the PWSS Advisory Board.

Matters relating to the appointment of parliamentarians

(5) The Minister must not appoint under subsection (1) a person as a member of the PWSS Consultative Committee if the person is:

(a) a Minister; or

(b) the President of the Senate; or

(d) the Deputy President and Chair of Committees of the Senate; or

(e) the Deputy Speaker of the House of Representatives.

Matters relating to the appointment of MOPS employees

(6) The Minister must not appoint under subsection (1) a person as a member of the PWSS Consultative Committee if:

(a) the person is a MOPS employee; and

(b) the person is:

(i) employed by a parliamentarian appointed under subsection (1) as a member of the PWSS Consultative Committee; or

(ii) a member of the Employee Consultative Group (or equivalent) established under the enterprise agreement (within the meaning of the Fair Work Act 2009) applicable to MOPS employees; or

(iii) a member of the Work Health and Safety Committee for MOPS employees (or equivalent).

Matters relating to the appointment of members generally

(7) In appointing under subsection (1) a person as a member of the PWSS Consultative Committee, the Minister must have regard to the desirability of ensuring that:

(a) there is representation among members of the PWSS Consultative Committee by the following:

(i) persons who represent the views of the Government;

(ii) persons who represent the views of Parliamentary parties that do not form part of the Government and have at least 5 members who are senators or members of the House of Representatives;

(iii) persons who do not represent the views of the Government or Parliamentary parties to which subparagraph (ii) applies; and

(b) the PWSS Consultative Committee is comprised of members of different genders.

15 Remuneration of independent members

(1) An independent member is to be paid the remuneration that is determined by the Minister, having regard to the skills, knowledge and experience of the independent member.

(2) An independent member is to be paid the allowances that are determined by the Minister.

(3) The office of an independent member is not a public office for the purposes of the Remuneration Tribunal Act 1973.

16 Disclosure of interests

(1) A member of the PWSS Consultative Committee must give written notice to the Minister of any direct or indirect pecuniary interest that the member has or acquires and that conflicts or could conflict with the proper performance of the member’s duties.

(2) A member of the PWSS Consultative Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the PWSS Consultative Committee must disclose the nature of the interest to a meeting of the PWSS Consultative Committee.

(3) The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.

(4) The disclosure must be recorded in the minutes of the meeting.

(5) Unless the PWSS Consultative Committee otherwise determines, the member:

(a) must not be present during any deliberation by the PWSS Consultative Committee on the matter; and

(b) must not take part in any decision of the PWSS Consultative Committee with respect to the matter.

(6) For the purposes of making a determination under subsection (5), the member:

(a) must not be present during any deliberation of the PWSS Consultative Committee for the purpose of making the determination; and

(b) must not take part in making the determination.

(7) A determination under subsection (5) must be recorded in the minutes of the meeting of the PWSS Consultative Committee.

17 Period of appointment

Independent members

(1) An independent member holds office for the period specified in the relevant instrument of appointment. The period must not exceed 2 years.

Parliamentarians

(2) A parliamentarian (the appointed person) appointed under subsection 14(1) as a member of the PWSS Consultative Committee holds office for a period commencing on the date specified in the instrument of appointment and ending at the earliest of the following times:

(a) 2 years after that date;

(b) the day the appointed person ceases to be a parliamentarian;

Note: Paragraph (c) applies regardless of whether the appointed person is re‑elected as a parliamentarian.

MOPS employees

(3) A MOPS employee (the appointed person) appointed under subsection 14(1) as a member of the PWSS Consultative Committee holds office for a period commencing on the date specified in the instrument of appointment and ending at the earliest of the following times:

(a) 2 years after that date;

(b) the day the appointed person ceases to be a MOPS employee;

(c) the day the poll at an election is declared for the electorate in which the parliamentarian by whom the appointed person is employed is standing for office.

Note: Paragraph (c) applies regardless of whether the parliamentarian is re‑elected.

18 Resignation

Independent members

(1) An independent member may resign the appointment of Chair or member of the PWSS Consultative Committee (as applicable) by giving the Minister a written resignation.

(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

Parliamentarians and MOPS employees

(3) A member of the PWSS Consultative Committee who is a parliamentarian or MOPS employee may resign the appointment of member by giving the Chair a written resignation.

(4) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.

MOPS employee taken to resign if employed by parliamentarian on the Committee

(5) A member of the PWSS Consultative Committee who is a MOPS employee is taken to have resigned the appointment of member if the MOPS employee is employed by a member of the PWSS Consultative Committee who is a parliamentarian.

(6) The resignation takes effect on the day the MOPS employee is so employed.

19 Termination of appointment

(1) The Minister may terminate the appointment of a member of the PWSS Consultative Committee:

(a) for misbehaviour; or

(b) if the member is unable to perform the duties of the appointed office because of physical or mental incapacity; or

(d) if the member fails to attend 3 consecutive meetings of the PWSS Consultative Committee without prior agreement or reasonable excuse.

(2) Before the Minister terminates the appointment of an independent member under subsection (1), the Minister must consult with the CEO.

(3) Before the Minister terminates the appointment of a member of the PWSS Consultative Committee who is a parliamentarian or MOPS employee under subsection (1), the Minister must consult with the Chair of the PWSS Consultative Committee.

(4) A failure to comply with subsection (2) or (3) does not affect the validity of a termination.

20 Other terms and conditions

A member of the PWSS Consultative Committee holds office on the terms and conditions (if any) in relation to matters not covered by the Act or this instrument that are determined by the Minister.

21 Other procedural and operational rules

Committee generally operates as it determines

(1) The PWSS Consultative Committee may, subject to the Act and this Part, do the following:

(a) operate in the way it determines;

(b) regulate proceedings at its meetings as it considers appropriate.

Holding meetings

(2) Subject to subsection (3), the Chair of the PWSS Consultative Committee may convene a meeting at any time.

(3) If, in a calendar year, the Chair of the PWSS Consultative Committee has convened 4 or more meetings, the Chair may only convene a further meeting in that year if the Chair considers that the meeting is needed due to exceptional circumstances.

Vacancies, etc.

(4) In managing matters relating to any vacancy of a position of a member of the PWSS Consultative Committee, leave of absence, acting appointments or any other matter relating to the membership of the PWSS Consultative Committee, the Chair must have regard to the matters relating to appointments set out in this Part and the Act.