Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023

No. 70, 2023

Compilation No. 1

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 (Consequential Amendments and Transitional Provisions) 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Short title 1

2 Commencement 1

3 Schedules 2

Schedule 1—Consequential amendments 3

Archives Act 1983 3

Freedom of Information Act 1982 4

Parliamentary Service Determination 2013 5

Schedule 2—Application and transitional provisions 6

Endnotes 10

Endnote 1—About the endnotes 10

Endnote 2—Abbreviation key 12

Endnote 3—Legislation history 13

Endnote 4—Amendment history 14

An Act to deal with consequential and transitional matters arising from the enactment of the Parliamentary Workplace Support Service Act 2023, and for related purposes
1 Short title

This Act is the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) 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 Commencement information 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 this Act receives the Royal Assent. 19 September 2023
2. Schedules 1 and 2 At the same time as the Parliamentary Workplace Support Service Act 2023 commences. However, the provisions do not commence at all if that Act does not commence. 1 October 2023

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.

Note: The provisions of the Parliamentary Service Determination 2013 amended or inserted by this Act, and any other provisions of that instrument, may be amended or repealed by an instrument made under section 83 of the Parliamentary Service Act 1999 (see subsection 13(5) of the Legislation Act 2003).
Consequential amendments

Archives Act 1983

 1 Subsection 3(1) (paragraph (ba) of the definition of open access period)

After “Independent Review document”, insert “or a PWSS document”.

 2 Subsection 3(1)

Insert:

PWSS document means:

but does not include a document relating to the administration of any of the bodies mentioned in paragraph (a).

 a

a document given to, or received by, any of the following bodies in connection with the performance of the body’s functions:

 i

the Parliamentary Workplace Support Service;

 ii

the Parliamentary Workplace Support Service Advisory Board;

 iii

the Parliamentary Workplace Support Service Consultative Committee; or

 b

a document brought into existence by any of the bodies mentioned in paragraph (a); or

 c

(c) a document transferred to the Parliamentary Workplace Support Service under item 4 of Schedule 2 to the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023;

 3 Subsection 3(7) (note)

Repeal the note, substitute:

Note: The following have different open access periods:

 a

Cabinet notebooks (see section 22A);

 b

records containing Census information (see section 22B);

 c

Independent Review documents and PWSS documents (see section 22C).

 4 Section 22C (at the end of the heading)

Add “and PWSS documents”.

 5 Subsection 22C(1)

After “Independent Review document”, insert “or a PWSS document”.

 6 After subsection 22C(2)

Insert:

 2A

Subsection (1) applies in relation to a PWSS document, whether the document is brought into existence before, on or after the commencement of this subsection.

 7 Subsection 22C(3)

After “Independent Review document”, insert “or a PWSS document”.

Freedom of Information Act 1982

 8 After subsection 7(2AA)

Insert:

(2AAA) The following bodies are taken not to be prescribed authorities for the purposes of this Act:

 a

the Parliamentary Workplace Support Service;

 b

the Parliamentary Workplace Support Service Advisory Board;

 c

the Parliamentary Workplace Support Service Consultative Committee.

 9 After subsection 7(2DB)

Insert:

(2DC) A Minister and an agency are exempt from the operation of this Act in relation to the following documents (regardless of when the documents were brought into existence):

(2DD) A Minister and an agency are not exempt under paragraph (2DC)(a) from the operation of this Act in relation to documents created other than in connection with the performance of the functions of a body listed in subsection (2AAA) to which a right of access otherwise exists or existed under this Act.

Parliamentary Service Determination 2013

 a

a document given to, or received by, a body listed in subsection (2AAA) in connection with the performance of the body’s functions;

 b

a document brought into existence by a body listed in subsection (2AAA).

 10 Clause 112B

Repeal the clause.

 11 Schedule 1

Repeal the following definitions:

 a

(a) definition of Commonwealth parliamentary workplace;

 b

(b) definition of Commonwealth parliamentary workplace participant;

 c

(c) definition of MOP(S) Act employee;

 d

(d) definition of parliamentarian;

 e

(e) definition of serious incident or misconduct.

 Application and transitional provisions 1 Definitions 1

In this Schedule:

PWSS Act means the Parliamentary Workplace Support Service Act 2023.

 2

A term used in this Schedule that is defined for the purposes of the PWSS Act has the same meaning in this Schedule as it has in that Act.

 2 PWSS may perform functions regardless of when alleged relevant conduct occurs

The PWSS may perform a function under section 15, 16 or 19 of the PWSS Act in relation to alleged relevant conduct that occurs before, on or after the commencement of this item.

 3 Transfer to the PWSS of complaints made before commencement under the existing PWSS mechanism 1

This item applies if:

 a

a complaint was made before the commencement of this item under the existing PWSS mechanism in relation to alleged relevant conduct (within the meaning of the PWSS Act); and

 b

the PWSS would have the power to review the complaint under subsection 19(2) of the PWSS Act if it were made to the PWSS on or after that commencement; and

 c

before that commencement, either:

 i

the complaint had started to be reviewed under the existing PWSS mechanism (whether or not the review had been completed); or

 ii

a decision had not been made under that mechanism whether to review the complaint.

 2

The PWSS must deal with the complaint on and after that commencement as if the complaint had been made to the PWSS under section 19 of the PWSS Act, subject to subitems (3) to (5).

 3

Any steps taken under the existing PWSS mechanism for the purposes of according a person procedural fairness in relation to the complaint are taken, on and after that commencement, to have been taken by the PWSS.

 4

If, before that commencement:

 a

a review of the complaint conducted under the existing PWSS mechanism had been completed; and

 b

a decision was made under the existing PWSS mechanism about whether the complaint is upheld;

then:

existing PWSS mechanism means the mechanism established by the Parliamentary Service Commissioner in accordance with paragraph 112B(1)(a) of the Parliamentary Service Determination 2013, as in force at any time before the commencement of this item.

 c

the decision is taken, on and after that commencement, to have been made by the PWSS; and

 d

if the complaint was upheld:

 i

any report of the review completed before that commencement is taken, on and after that commencement, to have been prepared by the PWSS under subsection 19(3) of the PWSS Act; and

 ii

any recommendation made before that commencement under the existing PWSS mechanism in relation to the complaint is taken, on and after that commencement, to have been made by the PWSS.

 5

If a report to which subparagraph (4)(d)(i) applies includes a recommendation to a parliamentarian, then:

 a

the PWSS must engage with the parliamentarian under subsection 19(4) of the PWSS Act on and after that commencement in relation to implementing the recommendation; and

 b

any engagement by the Parliamentary Service Commissioner with the parliamentarian before that commencement in relation to implementing the recommendation is taken to have been carried out by the PWSS; and

 c

if the recommendation is not implemented—the PWSS must under subsection 19(5) of the PWSS Act give a copy of the report to the President of the Senate or the Speaker of the House of Representatives (as the case requires).

 6

In this item:

 4 Transfer of records 1

Records and documents covered by subitem (2) or (3) are to be transferred to the PWSS after the commencement of this item.

 2

This subitem covers records or documents that were:

 a

(a) in the possession of the agency (within the meaning of the Public Service Act 1999) known as the Australian Public Service Commission immediately before the commencement of this item; and

 b

given to, received by, or brought into existence by, that agency for the dominant purpose of the performance of a function that:

 i

(i) was conferred on the Parliamentary Service Commissioner by subclause 112B(1) of the Parliamentary Service Determination 2013 before that commencement; and

 ii

is to be performed by the PWSS after that commencement.

 3

This subitem covers records or documents that were:

 a

in the possession of the Finance Department immediately before the commencement of this item; and

 b

(b) given to, received by, or brought into existence by, that Department for the dominant purpose of the performance of a function that is to be performed by the PWSS after that commencement.

 4

In this item:

Finance Department means the Department administered by the Minister administering the Public Governance, Performance and Accountability Act 2013.

 5 Confidential information 1

This item applies to any confidential information given to a person before the commencement of this item for the purpose of the performance of a function that:

 a

(a) was conferred on the Parliamentary Service Commissioner by subclause 112B(1) of the Parliamentary Service Determination 2013 before that commencement; and

 b

is to be performed by the PWSS after that commencement.

 2

The information is taken, immediately after that commencement, to have been given to the PWSS.

 6 Reports by the PWSS 1

Subsection 22(2) of the PWSS Act applies in relation to financial years starting on or after 1 July 2024, subject to subitem (2).

 2

Paragraph 22(2)(d) of the PWSS Act applies in relation to financial years starting on or after 1 July 2025.

Note: Paragraph 22(2)(d) of the PWSS Act covers information relating to progress in the prevention of, and responses to, alleged relevant conduct.

 7 Use and disclosure of information

Part 7 of the PWSS Act applies in relation to the use or disclosure of information by a person on or after the commencement of this item, whether the information was obtained by, or disclosed to, the person before, on or after that commencement.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history