the CEO; and

the staff of the PWSS referred to in section 38; and

persons whose services are made available to the PWSS under section 39.

(a) one or more current or former Commonwealth parliamentary workplace participants who are alleged to have engaged in relevant conduct (the first party);

(b) one or more current or former Commonwealth parliamentary workplace participants who are affected by the alleged relevant conduct (the second party);

in accordance with the following table:

is not an admission of fault or liability; and

is not admissible in evidence against the first party in any civil proceedings in respect of the conduct.

investigate a complaint; or

make a finding of fact; or

arbitrate any matter.

However, paragraph (a) does not prevent the PWSS from seeking information for the purposes of providing a service mentioned in subsection (2).

relating to workforce strategies for the employment of MOPS employees; or

for the purposes of supporting parliamentarians to discharge their obligations in relation to the employment of MOPS employees; or

(c) relating to work health and safety matters that arise in connection with the duties of parliamentarians, MOPS employees or designated workers; or

for the purposes of supporting Commonwealth parliamentary workplaces to be safe and respectful.

that applies only to a specified Commonwealth parliamentary workplace participant; or

for the terms or conditions of employment of a MOPS employee.

the CEO must consult the PWSS Consultative Committee about the proposed mandatory policy or procedure; and

the CEO must have referred the proposed mandatory policy or procedure to the PWSS Advisory Board under section 44; and

one of the following must have occurred:

the PWSS Advisory Board was taken to have approved the proposed mandatory policy or procedure under subsection (4) of that section;

the PWSS Advisory Board has notified the CEO that it has decided to approve the proposed mandatory policy or procedure.

to provide and arrange for education of, and for informing, Commonwealth parliamentary workplace participants about:

the functions of the PWSS and the IPSC; and

(ii) work health and safety matters that arise in connection with the duties of parliamentarians, MOPS employees or designated workers; and

the Behaviour Codes; and

for parliamentarians and MOPS employees—matters relating to the employment of MOPS employees or establishing and maintaining safe and respectful workplaces;

without limiting paragraph (a)—to provide, or arrange for the provision of, education or training programs to parliamentarians and MOPS employees about matters referred to in that paragraph;

to develop and maintain, and make information available in relation to, a learning and professional development program for MOPS employees.

(a) that a specified education or training program provided under paragraph (1)(b) is a mandatory education or training program; and

requirements for the completion of a mandatory education or training program.

the CEO must consult the PWSS Consultative Committee about the proposed program or requirements; and

the CEO must have referred the proposed program or requirements to the PWSS Advisory Board under section 44; and

one of the following must have occurred:

the PWSS Advisory Board was taken to have approved the proposed program or requirements under subsection (4) of that section;

the PWSS Advisory Board has notified the CEO that it has decided to approve the proposed program or requirements.

gender and diversity characteristics of parliamentarians and MOPS employees;

gender equality in relation to remuneration for parliamentarians and MOPS employees;

(c) the employment of persons under the Members of Parliament (Staff) Act 1984 and the engagement of designated workers;

progress in the prevention of, and responses to, alleged relevant conduct that is engaged in:

(i) in the course of a core participant performing duties as a core participant; or

(ii) at places covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in section 5;

(e) the culture and performance of workplaces covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in section 5;

work health and safety matters connected with the duties of parliamentarians, MOPS employees and designated workers;

conduct complaints and conduct issue referrals received, and conduct issues dealt with, by the IPSC, including general information about:

the investigation of conduct issues; and

any actions taken as a result of those investigations.

fails to comply with a request for information under subsection 64(1) within the period specified in the request; or

(b) fails to comply with a provision of the Members of Parliament (Staff) Act 1984 that requires the parliamentarian to consult with the PWSS before terminating the employment of a MOPS employee; or

fails to comply with a requirement determined under paragraph 18(2)(b) (completion of mandatory training or education program) that applies to the parliamentarian.

the nature of the failure and the circumstances in which it occurred;

the reason (if any) given by the parliamentarian for the failure;

any previous failure by the parliamentarian of a kind covered by subsection (1);

the consequences of the failure;

if the failure relates to a person other than the parliamentarian—whether the inclusion of the details would identify the other person;

any submissions made under subsection (5) or (7) in relation to the failure.

Consultation with parliamentarians

(a) stating that the CEO is proposing for the PWSS to include details about the failure in a public report; and

inviting the parliamentarian to make submissions to the CEO in relation to the proposal within a reasonable period specified in the notice.

the failure relates to a person other than the parliamentarian; and

the inclusion of details about the failure in a public report identifies, or is likely to enable the identification of, the person;

then before the CEO makes a determination under subsection (2), the CEO must give the person a written notice:

(c) stating that the CEO is proposing for the PWSS to include details about the failure in a public report; and

inviting the person to make submissions to the CEO in relation to the proposal within a reasonable period specified in the notice.

fails to comply with a request for information under subsection 64(1) within the period specified in the request; or

(b) fails to comply with a provision of the Members of Parliament (Staff) Act 1984 that requires the parliamentarian to consult with the PWSS before terminating the employment of a MOPS employee; or

fails to comply with a requirement of a mandatory policy or procedure that applies to the parliamentarian; or

fails to comply with a requirement determined under paragraph 18(2)(b) (completion of mandatory training or education program) that applies to the parliamentarian.

is engaged in before the Code commencement day; and

consists of any of the following:

sexual assault;

assault;

sexual harassment;

harassment;

(v) another person being bullied at work (within the meaning of the Fair Work Act 2009);

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

meets the requirements in column 3 of that item.

is engaged in on or after the Code commencement day; and

is engaged in by a Commonwealth parliamentary workplace participant; and

constitutes or involves a breach of a Behaviour Code, as in force at the time of the conduct; and

either:

affects a Commonwealth parliamentary workplace participant; or

does not directly affect another person.

(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;

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.

a determination mentioned in paragraph (1)(a);

a code or standard mentioned in paragraph (1)(b).

the Commissioners; and

the persons referred to in paragraphs 40A(1)(a) and (b).

the functions and powers of the Commissioners; and

the functions of the IPSC.

the importance of early reporting to the police of relevant conduct that may constitute an offence; and

the consequences of failing to do so on future investigations and prosecutions of such conduct.

the complaint is about alleged post-Code conduct; and

the person was or is affected by the alleged conduct; and

the person was or is a Commonwealth parliamentary workplace participant at the time of the alleged conduct.

the complaint is about alleged pre-Code conduct; and

the person was or is affected by the alleged conduct; and

the person was or is a parliamentarian, MOPS employee or Parliamentary Service employee at the time of the alleged conduct.

be made in writing; and

include the following:

details of the alleged conduct;

any evidence to support the complaint;

the complainant’s name and contact details.

the investigating Commissioner for the conduct issue arising from the complaint; or

if there is no investigating Commissioner—the Chair Commissioner.

the complainant or respondent is employed by the parliamentarian; or

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

either:

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

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 Parliamentary Privileges Act 1987.section 16 of the

Leaders of Parliamentary parties

a parliamentarian; and

a member of that party.

Application

an SES employee or an acting SES employee; or

an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.

be made in writing; and

include the following information:

details of the conduct issue;

any evidence relevant to the conduct issue;

the name and contact details of the referrer.

the referral must not be made unless either:

the complainant consents to the referral; or

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

the referral must also include the name and contact details of the complainant.

must assign a Commissioner to deal with a conduct issue arising from a conduct complaint or conduct issue referral; and

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.

refer the conduct issue to be dealt with by the PWSS, if the Chair Commissioner is satisfied that the statement:

is not frivolous, vexatious, misconceived or lacking in substance; and

was made in good faith; and

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).

the Commissioner is satisfied on reasonable grounds that there is sufficient evidence or information to justify doing so; and

if the issue arose from a conduct complaint or conduct issue referral—either:

the Commissioner has consent to investigate the issue; or

the Commissioner is reasonably satisfied that a serious risk to work health or safety arises, or could arise, from the conduct concerned.

the issue arose from a conduct complaint and the complainant has not withdrawn the complaint; or

all of the following apply:

the issue arose from a conduct issue referral for which there is a complainant;

the referral was made with the consent of the complainant;

the complainant has not withdrawn that consent; or

the issue arose from a conduct issue referral for which there is no complainant.

Commissioner may consult before deciding whether to investigate

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

at the time of the conduct concerned, the respondent was:

an APS employee who is not a MOPS employee; or

a Parliamentary Service employee; or

an Agency Head; or

the Secretary of a Parliamentary Department; or

the Parliamentary Librarian; or

an AFP appointee; or

(c) the conduct concerned forms part of proceedings in Parliament for the purposes of Parliamentary Privileges Act 1987; orsection 16 of the

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.

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

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

the Commissioner is satisfied that the conduct concerned:

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

is being dealt with through a service provided under section 16 (complaint resolution function); or

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

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

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

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

the Commissioner is satisfied it is inappropriate or impracticable for the issue to be investigated for any other reason.

decides not to investigate a conduct issue, or not to investigate a conduct issue further; and

does so because:

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

the Commissioner is satisfied that the conduct concerned would be more appropriately dealt with through a service provided under section 16 (complaint resolution function).

decides not to investigate a conduct issue; and

does so because:

the issue arose from a conduct issue referral for which there is a complainant; and

the Commissioner does not have consent to investigate the issue (within the meaning of subsection 24CH(2)); and

the Commissioner is not satisfied as required by subparagraph 24CH(1)(b)(ii) (which deals with serious risks to work health or safety).

decides not to investigate a conduct issue, or not to investigate a conduct issue further; and

does so because, at the time of the conduct concerned, the respondent was:

an APS employee who is not a MOPS employee; or

a Parliamentary Service employee; or

an Agency Head; or

the Secretary of a Parliamentary Department; or

the Parliamentary Librarian; or

an AFP appointee.

(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

if the respondent is a Parliamentary Service employee of a Parliamentary Department—the Secretary of that Department; or

if the respondent is an Agency Head—the Australian Public Service Commissioner; or

if the respondent is the Secretary of a Parliamentary Department—each Presiding Officer; or

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).

the investigating Commissioner:

decides not to investigate a conduct issue, or not to investigate a conduct issue further; and

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

section 24CJ (decision not to investigate—referral to Agency Head etc.) does not apply.

the person consents to the referral; or

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.

the respondent;

if any of the following applies—the respondent’s employer:

the issue did not arise from a conduct complaint or conduct issue referral;

the issue arose from a conduct complaint or conduct issue referral and the complainant consents to the giving of the notice;

the issue arose from a conduct issue referral for which there is no complainant;

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;

if the issue arose from a conduct complaint or conduct issue referral—the complainant;

if the issue arose from a conduct issue referral—the referrer.

the reasons for the decision; and

details of the conduct issue concerned; and

the effect of section 24CP (requirement to cooperate); and

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

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;

any other person to whom the Commissioner has previously given a notice under this Act in relation to the issue;

if the issue arose from a conduct complaint or conduct issue referral—the complainant;

if the issue arose from a conduct issue referral—the referrer.

the investigating Commissioner gives notice of a decision to investigate a conduct issue to the respondent; and

the issue arose from a conduct complaint; and

the complainant amends the complaint after the notice is given.

complete the investigation as quickly as the requirements of this Act and a proper consideration of the conduct issue permits; and

observe the requirements of procedural fairness when conducting the investigation.

a person covered by paragraph 6(1)(a) or (b); or

a MOPS employee.

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

for a specified period of no longer than 30 days.

whether to make the recommendation, if a recommendation has previously been made under this section in relation to the respondent; and

the period to be specified.

Subdivision D—Report of investigation into conduct issue

the investigating Commissioner; and

2 other Commissioners.

if the respondent is a current or former parliamentarian—the parliamentarian decision panel for the issue; or

otherwise—the investigating Commissioner.

the investigating Commissioner must provide to the panel relevant evidence and other material gathered during the investigation; and

the panel may request the investigating Commissioner to obtain such other evidence or material about the conduct issue as the panel requires; and

the panel must consider the evidence and other material in preparing the draft report.

a preliminary finding that is critical (either expressly or impliedly) of a person; or

a proposed recommendation to take an action in relation to a person; or

a proposed sanction to be imposed on a person; or

a proposed referral of a serious breach finding in relation to a person to the Privileges Committee of a House of the Parliament.

a statement setting out the preliminary finding or proposal; and

a reasonable opportunity to respond to the preliminary finding or proposal.

the respondent;

if the conduct issue arose from a conduct complaint or conduct issue referral—the complainant.

before the draft report is prepared, the investigating Commissioner is satisfied as mentioned in subsection (2); or

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.

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

the conduct concerned would not constitute an offence.

the respondent consents to making the apology; and

the person consents to receiving the apology.

is not an admission of fault or liability; and

is not admissible in evidence against the respondent in any civil proceedings in respect of the conduct concerned.

whether the decision-maker is satisfied, on the balance of probabilities, that the respondent has engaged in relevant conduct; and

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

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

if:

the decision-maker is satisfied that the respondent has engaged in relevant conduct that is serious; and

the respondent is a current member of a House of the Parliament; and

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.

if an application under section 24DA for review of the decision has been made within the period specified in that section—the day after the application is finally determined; or

if an application under section 24DA for review of the decision has not been made within the period specified in that section—the day after the end of that period.

Recommendations that may be made

if the respondent is a MOPS employee—a recommendation for the respondent’s employer to take any of the following actions within a specified period:

give the respondent a written reprimand;

require the respondent to undertake training or professional development;

require the respondent to enter into an agreement with the employer about the respondent’s future behaviour;

re-assign the respondent’s duties, if it is reasonably practicable to do so;

deduct from the respondent’s annual salary, by way of fine, an amount not exceeding 2% of that salary;

terminate the respondent’s employment;

(b) if the respondent is a non-core participant—a recommendation for a Presiding Officer to restrict or remove the respondent’s access to the precincts (within the meaning of the Parliamentary Precincts Act 1988) for a specified period;

if the respondent is a former MOPS employee—a recommendation for the respondent’s former employer to give the respondent a written reprimand;

if the respondent is neither a parliamentarian nor a MOPS employee—a recommendation for the respondent’s employer to take, within a specified period, any action that the decision-maker considers appropriate, taking into account the seriousness of the conduct concerned.

Sanctions that may be imposed

a written reprimand;

a requirement that the respondent undertake training or professional development within a specified period;

a requirement that the respondent enter into an agreement with the IPSC about the respondent’s future behaviour.

Deduction of amounts from salary

the fine may be deducted from a payment of salary made to the respondent; or

2 or more amounts that in total equal the fine may be deducted from 2 or more payments of salary made to the respondent.

the decisions made by the decision-maker; and

any other findings on the conduct issue that the decision-maker thinks fit to make; and

a summary of the evidence and other material on which those decisions and findings are based.

the respondent; and

if the conduct issue arose from a conduct complaint or conduct issue referral—the complainant; and

if the respondent is a MOPS employee—the respondent’s employer.

if the conduct issue arose from a conduct issue referral—the referrer; and

if the report contains a decision to recommend that a Presiding Officer take an action—that Presiding Officer; and

if both of the following apply—the Prime Minister:

the respondent is a Minister (whether or not the respondent was a Minister at the time of the conduct concerned);

the report contains a finding that the respondent has engaged in relevant conduct; and

if the respondent is a member of a Parliamentary party and both of the following apply—the Leader of that Parliamentary party:

the respondent is a Presiding Officer;

the report contains a decision to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament; and

if both of the following apply—the respondent’s employer:

the respondent is not a MOPS employee;

the report contains a decision to recommend that the employer take an action; and

if all of the following apply—the respondent’s former employer:

the respondent is a former MOPS employee;

the report contains a decision to recommend that the respondent’s former employer give the respondent a written reprimand;

it is reasonably practicable to do so.

a decision to make a finding that the respondent has engaged in relevant conduct;

if the respondent is a core participant—any or all of the following:

a decision to make one or more recommendations in relation to the respondent;

a decision to make a particular recommendation in relation to the respondent;

a decision to impose one or more sanctions on the respondent;

a decision to impose a particular sanction on the respondent;

a decision to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament.

a decision to make a finding that the respondent has not engaged in relevant conduct;

if the respondent is a core participant—any or all of the following:

a decision to make one or more recommendations in relation to the respondent;

a decision to make a particular recommendation in relation to the respondent;

a decision to impose one or more sanctions on the respondent;

a decision to impose a particular sanction on the respondent;

a decision to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament;

if a finding is made that the respondent has engaged in relevant conduct—either or both of the following:

a decision not to make a recommendation in relation to the respondent;

a decision not to impose a sanction on the respondent;

if a serious breach finding is made in relation to the respondent—a decision not to refer the finding to the Privileges Committee of a House of the Parliament.

be made in writing; and

set out the reasons for making the application; and

be made within:

28 days after the applicant is given, under section 24CZ, a copy of the final report that sets out the decision; or

if the period within which the application may be made is extended under section 24DB—the extended period.

be made in writing; and

set out the reasons for making the application; and

be made within 28 days after the person is given, under section 24CZ, a copy of the final report that sets out the decision.

the respondent for the conduct issue concerned; and

if the conduct issue concerned arose from a conduct complaint or conduct issue referral—the complainant; and

if the respondent is a MOPS employee—the respondent’s employer.

is frivolous, vexatious, misconceived or lacking in substance or was not made in good faith; or

has no reasonable prospects of success; or

is otherwise an abuse of the process of the IPSC.

Process for review

affirming the original decision; or

varying the original decision; or

setting aside, and making a decision in substitution for, the original decision.

the applicant for the review; and

if the conduct issue concerned arose from a conduct complaint or conduct issue referral—the complainant; and

if the conduct issue concerned arose from a conduct issue referral—the referrer; and

the respondent for the conduct issue concerned; and

if both of the following apply—the Prime Minister:

the respondent for the conduct issue concerned is a Minister (whether or not the respondent was a Minister at the time of the conduct);

the review decision is to make, or affirm the original decision to make, a finding that the respondent has engaged in relevant conduct; and

if the respondent for the conduct issue concerned is a MOPS employee—the respondent’s employer; and

if the review decision is to make, or affirm the original decision to make, a recommendation for a person to take an action—that person.

the respondent for the conduct issue concerned is a Presiding Officer who is a member of that party; and

the review decision is to refer, or affirm the original decision to refer, a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament.

if the conduct issue concerned arose from a conduct issue referral—the referrer; and

if the original decision was to make a recommendation for a Presiding Officer to take an action and the review decision affirms the original decision—that Presiding Officer; and

if all of the following apply—the Prime Minister:

the respondent for the conduct issue concerned is a Minister (whether or not the respondent was a Minister at the time of the conduct);

the original decision was to make a finding that the respondent has engaged in relevant conduct;

the review decision affirms the original decision; and

if the respondent for the conduct issue concerned is a member of a Parliamentary party and all of the following apply—the Leader of that Parliamentary party:

the respondent is a Presiding Officer;

the original decision was to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament;

the review decision affirms the original decision; and

if all of the following apply—the employer of the respondent for the conduct issue concerned:

the respondent is not a MOPS employee;

the original decision was to make a recommendation for the employer to take an action;

the review decision affirms the original decision.

Sensitive information

a notice given under subsection (1); and

a copy of a report given under subsection (4).

complete the review as quickly as the requirements of this Act and a proper consideration of the matters before the panel permits; and

observe the requirements of procedural fairness when conducting the review.

a person covered by paragraph 6(1)(a) or (b); or

a MOPS employee.

refer the serious breach finding to the Privileges Committee; and

give a statement to the Committee that sets out such information as the decision-maker or review panel considers necessary to assist the Committee to understand the reasons for the decision.

Notice of proposal to include identifying information—other than for respondent parliamentarians

make submissions to the decision-maker or review panel in relation to the proposal; and

do so within the period specified in the notice, which must be a reasonable period.

have regard to the submissions in deciding whether or not to include the identifying information; and

give the person written notice of their decision.

decide whether to recommend that the House impose on the respondent:

any parliamentary sanctions; and

any other sanctions that the Committee considers necessary to promote appropriate conduct in Commonwealth parliamentary workplaces; and

report the Committee’s decision to the House.

60 calendar days after the referral of the serious breach finding; or

if the Committee requires additional time to make the decision—such longer period after the referral as the Committee resolves.

that sanction; and

any other sanction that the House considers necessary to promote appropriate conduct in Commonwealth parliamentary workplaces.

Deduction of fines

deduct the fine from a payment of salary made to the respondent; or

deduct 2 or more amounts that in total equal the fine from 2 or more payments of salary made to the respondent.

if the House is the House of Representatives—the Secretary of the Department of the House of Representatives; or

if the House is the Senate—the Secretary of the Department of the Senate.

the investigating Commissioner for a conduct issue has reasonable grounds to believe that a person has information, or a document or thing, that is relevant to:

a preliminary inquiry mentioned in section 24CG in relation to the issue; or

the investigation of the issue under Subdivision C of Division 3; or

the preparation of a report under Subdivision D of Division 3 on the issue; or

a review panel dealing with an application for review under Division 4 has reasonable grounds to believe that a person has information, or a document or thing, that is relevant to the review.

Notice to give information etc.

give any such information to the Commissioner or panel; or

produce any such document or thing to the Commissioner or panel; or

attend an interview with the Commissioner or panel, including to make a statement or answer questions.

if the notice requires the person to give information or produce a document or thing—specify:

the period (which must be at least 14 days after the notice is given to the person) within which the person is required to comply with the notice; and

the manner in which the person is required to comply with the notice; and

if the notice requires the person to attend an interview—specify:

a time and place at which the person is to attend; and

the nature of the matter to which the interview will relate; and

(c) in any case—state the effect of sections 24FA (when compliance with notice is not required) and 24FB (offence—failure to comply with notice to give information etc.) of this Act, and sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

Person may notify Commissioner or panel if unable to attend interview

the notice requires the person to attend an interview; and

there is a reason why it is not reasonably practicable for the person to do so;

the person may, within 7 days after receiving the notice, notify the Commissioner or panel of the reason.

(a) the requirement relates to information, a document or a thing given by a person (the informant), whether directly or indirectly:

to another person who works in a professional capacity as a journalist; and

in the normal course of the journalist’s work as a journalist; and

the journalist reasonably believes that the informant has provided the information on the express or implied understanding that the informant’s identity would not be disclosed; and

compliance with the requirement would disclose the identity of the informant or enable that identity to be ascertained; and

the recipient is:

the journalist; or

the journalist’s employer; or

assisting the journalist and employed or engaged by the journalist’s employer; or

assisting the journalist in the recipient’s professional capacity.

(a) if the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the entity is a single person—that person; or

if the accountable authority (within the meaning of that Act) of the entity is a governing body or other group of persons:

the chief executive officer (however described) of the entity (unless subparagraph (ii) applies); or

if the PWSS rules prescribe another person as the head of the entity—that other person.

(a) an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the entity;

an individual who is employed by, or engaged in assisting:

the entity; or

a staff member of the entity on behalf of the entity or the Commonwealth.

the person is required to give information, produce a document or thing or attend an interview in accordance with a notice given to the person under section 24F; and

the person fails to comply with the requirement.

a support person for the interviewee;

a legal practitioner engaged by the interviewee.

Support persons

allow the interviewee to consult with the legal practitioner in private and provide reasonable facilities for that consultation; and

allow the legal practitioner to give advice to the interviewee.

Directions about conduct that unreasonably interferes with interview

a person mentioned in subsection (3) is present during the interview; and

the Commissioner or panel is of the opinion that the person is engaging in conduct that unreasonably interferes with the interview;

the Commissioner or panel may direct the person to cease engaging in the conduct.

may make copies of the document or thing, or take extracts from the document; and

may retain possession of the document or thing for such period as is necessary for the purposes of the performance of the Commissioner’s or panel’s functions.

to do so at all reasonable times; and

to copy the document or thing.

possession of the document or thing by the person could constitute an offence; or

inspecting or copying the document or thing (as the case requires) would compromise or damage the document or thing; or

the Commissioner or panel is satisfied that allowing the person to inspect the document or view the thing would prejudice the performance of the Commissioner’s or panel’s functions.

possession of the document or thing by the person could constitute an offence; or

the document or thing may otherwise be retained, destroyed or disposed of under a law of the Commonwealth or a State or a Territory, or a court/tribunal order; or

the document or thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

the answer to the question or the information would be privileged from being given on the ground of legal professional privilege; or

the document would be privileged from being produced on the ground of legal professional privilege.

Other legislation not affected

any other provision of this Act; or

any other Act.

Subdivision B—Confidentiality notices

the making of a record of the information by the recipient or other persons; and

the disclosure of the information by the recipient or other persons;

as the responsible Commissioner or Commissioners considers appropriate to do any or all of the following:

prevent prejudice to:

any process, or any action, taken in accordance with Division 3, 4 or 5; or

the fair trial of any person or the impartial adjudication of a matter; or

the proper enforcement of the law;

protect the identity of:

a complainant, respondent or any other person affected by the conduct issue; or

any person who has given, or who the responsible Commissioner or Commissioners reasonably believe may give, information to the responsible Commissioner or Commissioners in connection with the conduct issue;

prevent unreasonable detriment to a complainant, respondent or any other person affected by the conduct issue;

prevent the publication of sensitive information.

set out the effect of sections 24FI (disclosures etc. to which confidentiality notices do not apply) and 24FJ (offence—failure to comply with confidentiality notice); and

specify the period for which a condition is in force.

Period of notice

if paragraph (b) does not apply—no later than the end of the day on which the conduct issue is concluded; or

if the responsible Commissioner or Commissioners are satisfied that it is appropriate for the period to end at a later time in order to do any or all of the things mentioned in paragraphs (1)(c) to (f)—that later time.

if a decision on the issue is made under section 24CY and an application under section 24DA for review of the decision is made within the period specified in paragraph 24DA(4)(c)—when that application is finally determined; or

if a decision on the issue is made under section 24CY and an application under section 24DA for review of the decision is not made within the period specified in paragraph 24DA(4)(c)—when that period ends; or

otherwise—when the issue is dealt with in accordance with section 24CF.

the making of a record or disclosure:

that is required or authorised by or under this Act, another law of the Commonwealth, a law of a State or Territory or a court/tribunal order; or

that is required by or under, or for the purpose of obtaining advice in relation to, a contract of insurance; or

that is required by or under, or for the purpose of obtaining advice in relation to, a policy of insurance issued by the Commonwealth; or

to protect life or safety; or

the making of a disclosure:

to the PWSS for the purpose of a service provided under section 15 (support function) to the recipient; or

by the recipient to the recipient’s employer, or to a person who supervises or manages the recipient, if the disclosure is of information that does not reveal the conduct issue; or

to a legal practitioner for the purpose of obtaining legal advice or representation in relation to a conduct issue, or a process or action taken in accordance with Division 3, 4 or 5; or

to a medical practitioner or psychologist for the purpose of obtaining medical or psychiatric care, treatment or counselling (including psychological counselling); or

by the recipient to a support person for the recipient.

the recipient intends to make the disclosure to the person for the purpose of seeking support from the person; and

the making of the disclosure to the person would not prejudice any process, or any action, taken in accordance with Division 3, 4 or 5.

the person (whether directly or indirectly and whether while, or after ceasing to be, an entrusted person):

makes a record of any information; or

discloses any information; and

the person obtained the information in the course of or for the purposes of:

performing functions or duties, or exercising powers, under this Part; or

assisting another person to perform functions or duties, or exercise powers, under this Part.

other than to the Australian Federal Police or the police force or police service of a State or Territory; and

for purposes connected with the performance or exercise of functions or powers under this Act or another Act.

the potential victim consents to the disclosure;

the disclosure is for the purposes of deciding how to deal with the conduct issue;

the disclosure is required by or under another law of the Commonwealth, a law of a State or a Territory, or a court/tribunal order.

the investigating Commissioner refers a conduct issue to another person in accordance with this Act; and

the information is disclosed as part of the referral; and

the investigating Commissioner is satisfied that the disclosure is necessary to enable the other person to take appropriate action in relation to the issue.

the disclosure is to the employer of:

the complainant; or

the respondent for the conduct issue concerned; and

the complainant has consented to the disclosure; and

the disclosure is in accordance with that consent.

Disclosure for work health and safety reasons

the disclosure is to the employer of:

the complainant; or

the respondent for the conduct issue concerned; and

the person is satisfied that the information is relevant to a duty or obligation of the employer under a work health and safety law.

a conduct issue was or is before the IPSC; and

any matter relating to the issue is already publicly available.

would afford fairness to any person; or

is otherwise necessary to correct erroneous reporting.

a parliamentarian decision panel imposes a sanction on a parliamentarian, and another parliamentarian decision panel has previously made a finding that the parliamentarian has engaged in relevant conduct; or

a parliamentarian decision panel imposes a sanction on a parliamentarian and the parliamentarian fails to comply with the sanction.

the statement is published under section 24GA (public statements about parliamentarians); and

the identifying information relates to the parliamentarian whose conduct is the subject of the statement.

Requirement to consult on proposal to include identifying information

make submissions to the responsible Commissioner or Commissioners in relation to the proposal; and

do so within the period specified in the notice, which must be a reasonable period.

have regard to the submissions in deciding whether or not to include the identifying information; and

give the person written notice of their decision.

the first person engages in conduct; and

engaging in the conduct results in detriment to the second person; and

when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:

has made a protected disclosure; or

may have made a protected disclosure; or

proposes to make a protected disclosure; or

could make a protected disclosure; and

the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Threatening to cause detriment to another person

the first person engages in conduct; and

engaging in the conduct consists of, or results in, a threat to cause detriment to the second person; and

the first person is reckless as to whether the second person fears that the threat will be carried out; and

when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:

has made a protected disclosure; or

may have made a protected disclosure; or

proposes to make a protected disclosure; or

could make a protected disclosure; and

the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

express or implied; or

conditional or unconditional.

Exception—reasonable administrative action

has made a protected disclosure; or

may have made a protected disclosure; or

proposes to make a protected disclosure; or

could make a protected disclosure.

the person is not subject to any civil, criminal or administrative liability (including disciplinary action) for making the disclosure; and

no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.

the person has absolute privilege in proceedings for defamation in respect of the disclosure; and

a contract to which the person is a party must not be terminated on the basis that the disclosure constitutes a breach of the contract.

(a) an offence against Criminal Code (about false or misleading information or documents) that relates to the disclosure; orsection 137.1 or 137.2 of the

(b) an offence against Criminal Code (about forgery) that relates to the disclosure.section 144.1 or 145.1 of the

the person bears the onus of adducing or pointing to evidence that suggests a reasonable possibility that the claim is made out; and

if the person discharges that onus—the party instituting the primary proceedings against the person bears the onus of proving that the claim is not made out; and

the court must deal with the claim in separate proceedings; and

the court must adjourn the primary proceedings until the claim has been dealt with; and

none of the following:

any admission made by the person in the separate proceedings;

any information given by the person in the separate proceedings;

any other evidence adduced by the person in the separate proceedings;

is admissible in evidence against the person except in proceedings in respect of the falsity of the admission, information or evidence; and

if the person or another person gives evidence in the separate proceedings in support of the claim—giving that evidence does not amount to a waiver of privilege for the purposes of the primary proceedings or any other proceedings.

parliamentary workplaces;

human resources, work health and safety or industrial relations;

public administration or corporate governance.

must consult with the Leader of each Parliamentary party that:

does not form part of the Government; and

has at least 5 members who are senators or members of the House of Representatives; and

(b) may consult with such other parliamentarians as the Minister considers appropriate.

during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the CEO:

is absent from duty or Australia; or

is, for any reason, unable to perform the duties of the office.

parliamentary workplaces;

human resources, work health and safety or industrial relations;

public administration or corporate governance.

for misbehaviour; or

if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity; or

if the performance of the CEO has been unsatisfactory for a significant period of time.

Bankruptcy etc.

the CEO:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with the CEO’s creditors; or

makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or

the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

the CEO engages, except with the Minister’s approval, in paid work outside the duties of the CEO’s office (see section 33); or

(d) the CEO fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.section 29 of the

Consultation before termination

must consult with the Leader of each Parliamentary party that:

does not form part of the Government; and

has at least 5 members who are senators or members of the House of Representatives; and

(b) may consult with such other parliamentarians as the Minister considers appropriate.

a Chair Commissioner of the IPSC; and

at least 6, and not more than 8, other Commissioners of the IPSC.

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

was merit-based; and

included public advertising of the position; and

one or more of the following apply:

the person is enrolled as a legal practitioner and has been so enrolled for a period of 5 years;

the person is a former Commonwealth judicial officer;

the person is a former judge of the Supreme Court of a State or Territory;

the person has skills, knowledge or experience in investigating workplace misconduct.

the Minister must have referred the proposed recommendation to the Parliamentary Joint Committee under section 59H; and

one of the following must have occurred:

the Parliamentary Joint Committee is taken to have approved the proposed recommendation under subsection 59H(4);

the Parliamentary Joint Committee has notified the Minister that it has decided to approve the proposed recommendation.

during a vacancy in the office of a Commissioner (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when a Commissioner:

is absent from duty or Australia; or

is, for any reason, unable to perform the duties of the office.

a course of training relating to trauma awareness; and

a course of training relating to gender-based violence; and

any other courses of training prescribed by the PWSS rules.

misbehaviour;

the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity.

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with the Commissioner’s creditors; or

makes an assignment of the Commissioner’s remuneration for the benefit of the Commissioner’s creditors.

the CEO and the staff of the PWSS together constitute a Statutory Agency; and

the CEO is the Head of that Statutory Agency.

the staff of the PWSS;

persons whose services are made available to the PWSS under section 39;

consultants engaged under section 40.

the CEO;

the Commissioners;

the staff of the PWSS;

persons whose services are made available to the PWSS under section 39;

consultants engaged under section 40;

persons made available under section 40A to assist the IPSC;

consultants engaged under section 40B.

to advise the CEO in relation to the performance of the functions of the PWSS or CEO; and

to consider in accordance with section 44:

proposed mandatory policies or procedures; and

proposed mandatory education or training programs, and proposed requirements for completing those programs; and

such other functions as are conferred on the PWSS Advisory Board by this Act or by any other law of the Commonwealth.

direct the activities of the PWSS; or

give or seek advice or information about, or in relation to, a particular person or case.

on the PWSS Advisory Board’s own initiative; or

at the request of the CEO.

proposed mandatory policies or procedures;

proposed mandatory education or training programs, and proposed requirements for completing those programs.

Decision to approve or reject

14 calendar days after the referral; or

if, within the first 14 calendar days after the referral, the PWSS Advisory Board notifies the CEO that it requires additional time to consider the referral—44 calendar days after the referral.

a proposed mandatory policy or procedure; or

a proposed mandatory education or training program; or

proposed requirements for completing a mandatory education or training program;

if the PWSS Advisory Board does not give notice under subsection (3) within the period specified in paragraph (2)(a) or (b) as the case requires.

a Chair;

at least 3, and not more than 4, other members.

a former Commonwealth judicial officer; or

a former judge of the Supreme Court of a State or Territory.

parliamentary workplaces;

human resources, work health and safety or industrial relations;

public administration or corporate governance.

must consult with the Leader of each Parliamentary party that:

does not form part of the Government; and

has at least 5 members who are senators or members of the House of Representatives; and

(b) may consult with such other parliamentarians as the Minister considers appropriate.

during a vacancy in the office of the Chair of the PWSS Advisory Board (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Chair of the PWSS Advisory Board:

is absent from duty or Australia; or

is, for any reason, unable to perform the duties of the office.

Acting member of the PWSS Advisory Board (other than the Chair)

during a vacancy in the office of a member of the PWSS Advisory Board (other than the Chair of the PWSS Advisory Board), whether or not an appointment has previously been made to the office; or

during any period, or during all periods, when a member of the PWSS Advisory Board (other than the Chair of the PWSS Advisory Board):

is absent from duty or Australia; or

is, for any reason, unable to perform the duties of the office.

must not be present during any deliberation by the PWSS Advisory Board on the matter; and

must not take part in any decision of the PWSS Advisory Board with respect to the matter.

must not be present during any deliberation of the PWSS Advisory Board for the purpose of making the determination; and

must not take part in making the determination.

for misbehaviour; or

if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.

the member:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with the member’s creditors; or

makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or

the member fails, without reasonable excuse, to comply with section 50 (disclosure of interests); or

the member is absent, except on leave of absence, from 3 consecutive meetings of the PWSS Advisory Board.

Consultation before termination

must consult with the Leader of each Parliamentary party that:

does not form part of the Government; and

has at least 5 members who are senators or members of the House of Representatives; and

(b) may consult with such other parliamentarians as the Minister considers appropriate.

another Commonwealth entity; or

an individual who holds any office or appointment under a law of the Commonwealth; or

a Presiding Officer;

if the disclosure is reasonably necessary to assist the entity, individual or Presiding Officer to:

perform any of the functions or activities of the entity, individual or Presiding Officer; or

exercise any of the powers of the entity, individual or Presiding Officer.

perform any of the functions or activities of the entity; or

exercise any of the powers of the entity.

the PWSS or IPSC to perform any of its functions or exercise any of its powers; or

the CEO to perform any of the CEO’s functions or exercise any of the CEO’s powers; or

a Commissioner to perform any of the Commissioner’s functions or exercise any of the Commissioner’s powers.

Authorisation to disclose information—between PWSS and IPSC

the IPSC to perform any of its functions or exercise any of its powers; or

a Commissioner to perform any of the Commissioner’s functions or exercise any of the Commissioner’s powers.

the PWSS to perform any of its functions or exercise any of its powers; or

the CEO to perform any of the CEO’s functions or exercise any of the CEO’s powers.

Parliamentarians not taken to be office-holders etc.

the disclosure would, apart from this section, constitute an offence against a law of the Commonwealth; and

that law does not contain an exception or defence for a disclosure authorised by a law of the Commonwealth.

the information relates to a conduct complaint or a conduct issue referral; and

the person or entity is the employer of:

the complainant; or

the respondent for the conduct issue concerned; and

the complainant does not consent to the disclosure.