considering proposed recommendations for the appointment of Commissioners; and

reviewing the operation and effectiveness of each Behaviour Code; and

monitoring and reviewing the performance by the Commissioners of their functions; and

reporting to both Houses of the Parliament on any matter connected with the performance of the functions of the IPSC or the Commissioners.

6 members of the Privileges Committee of the Senate appointed by the Senate; and

6 members of the Privileges Committee of the House of Representatives appointed by that House.

3 members of the Government;

2 members of the Opposition;

1 member of the Parliament who is a member of neither the Government nor the Opposition.

ceases to be a member of the Parliamentary Joint Committee; or

resigns the office.

has a deliberative vote; and

has a casting vote if votes are equal.

ceases to be a member of the Parliamentary Joint Committee; or

resigns the office.

a Minister; or

the President of the Senate; or

the Speaker of the House of Representatives; or

the Deputy President and Chair of Committees of the Senate; or

the Deputy Speaker of the House of Representatives.

the House of Representatives expires by the passing of time or is dissolved; or

the person becomes the holder of an office specified in any of the paragraphs of section 59D; or

the person ceases to be a member of the House of the Parliament by which the person was appointed; or

the person ceases to be a member of the Privileges Committee of the House of the Parliament by which the person was appointed; or

the person resigns the person’s office as provided by subsection (3) of this section.

to consider, in accordance with section 59H, proposed recommendations for the appointment of Commissioners;

to review, in accordance with section 59J, each Behaviour Code;

to monitor and review the performance by the Commissioners of their functions;

to report to both Houses of the Parliament, with such comments as it thinks fit, on any matter connected with the performance of the functions of the IPSC or the Commissioners that the Parliamentary Joint Committee considers should be directed to the attention of the Parliament;

to examine and report to the Parliament on any matter relating to the IPSC appearing in, or arising out of, a report prepared under subsection 22(2);

to inquire into any question in connection with the Parliamentary Joint Committee’s functions that is referred to it by either House of the Parliament, and to report to that House on that question;

other functions as are conferred on the Parliamentary Joint Committee by resolution of both Houses of the Parliament.

direct the activities of the IPSC, a Commissioner or a panel of Commissioners; or

investigate a conduct issue; or

reconsider a decision made by the decision-maker for a conduct issue; or

review an investigation into a conduct issue that has not been completed; or

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

14 calendar days after the referral; or

if, within the first 14 calendar days after the referral, the Parliamentary Joint Committee notifies the Minister that it requires additional time to consider the referral—44 calendar days after the referral.

give the Minister notice of the decision; and

report the decision to both Houses of the Parliament.

must commence a review under this section within one year after the commencement of the first session of each Parliament that commences after the commencement of this section; and

may, if the Committee resolves to do so, commence a review under this section at any other time.

the Independent Parliamentary Standards Commission; or

have powers to terminate or suspend employment or take other employment actions (see sections 16, 18 and 20).

provides human resources support to parliamentarians, office-holders and their employees and has functions in the areas of policy development, training, advice, and education; and

can exercise the powers of an employer in relation to persons employed under this Act in certain circumstances; and

has some powers to suspend employees.

terminate or suspend employees; and

take other employment actions in relation to employees.

a Commissioner of the IPSC decides to recommend that the employing individual for a person employed under this Act take any of the following actions in relation to the person:

give the person a written reprimand;

require the person to undertake training or professional development;

require the person to enter into an agreement with the employing individual about the person’s future behaviour;

re-assign the person’s duties;

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

terminate the person’s employment; and

the decision is in operation.

if paragraph (b) does not apply—the employing individual; or

if the CEO is exercising the powers of an employer under subsection 15(5) in relation to the person—the CEO.

the agreement for the employment of the person; or

(b) fair work instruments (within the meaning of the Fair Work Act 2009); or

arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act.

the action is to terminate the person’s employment; and

the action must be taken by the CEO because of paragraph (2)(b) of this section.

a Commissioner of the Independent Parliamentary Standards Commission;

assisting the Commissioners in the performance of their functions; and

publishing guidance about its functions and the functions of the Commissioners.

dealing with conduct issues in accordance with Divisions 3 to 6 of Part 2A; and

preparing and publishing IPSC public statements in accordance with Division 7 of Part 2A.

in relation to a conduct complaint—the person who made the conduct complaint; or

in relation to a conduct issue referral, if the referrer became aware of the conduct issue because of a complaint made to the referrer—the person who made the complaint to the referrer.

the Secretary of a Parliamentary Department; or

the Parliamentary Librarian; or

(cc) an Agency Head whose predominant place of work as an Agency Head is a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in this section; or

(cd) an AFP appointee whose predominant place of work as an AFP appointee is a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in this section; or

(c) is not a person covered by paragraphs (a) to (e) of the definition of core participant in this section.

dismissal of an employee;

injury of an employee in their employment;

alteration of an employee’s position to their disadvantage;

discrimination between an employee and other employees of the same employer;

harassment or intimidation of a person;

harm or injury to a person, including psychological harm;

damage to a person’s property;

damage to a person’s reputation;

damage to a person’s business or financial position;

any other damage to a person.

(a) if the respondent is a MOPS employee—the employing individual (within the meaning of the Members of Parliament (Staff) Act 1984) for the respondent; or

otherwise—the person who employs the respondent in the respondent’s capacity as a Commonwealth parliamentary workplace participant.

do an act; or

omit to perform an act.

the CEO; or

a Commissioner; or

a person referred to in section 40A (persons assisting the IPSC); or

a person referred to in section 40B (consultants).

the Department of the Senate;

the Department of the House of Representatives;

the Department of Parliamentary Services;

the Parliamentary Budget Office.

the suspension of the member for a period of no more than the maximum period for which a member of that House may be suspended under the standing orders of that House; or

the discharge of the member from a committee of one or both Houses of the Parliament; or

(c) a deduction from the member’s annual base salary (within the meaning of the Parliamentary Business Resources Act 2017), by way of fine, of an amount that is more than 2%, but less than 5%, of that salary.

the President of the Senate or a person covered by paragraph 6(1)(d); or

the Speaker of the House of Representatives or a person covered by paragraph 6(1)(e).

pre-Code conduct; or

post-Code conduct.

could prejudice the security, defence or international relations of Australia; or

would prejudice relations between:

the Commonwealth Government and the Government of a State or Territory; or

the Government of a State or Territory and the Government of another State or Territory; or

would involve disclosing:

deliberations or decisions of the Cabinet, or of any committee of the Cabinet, of the Commonwealth or of a State; or

deliberations or advice of the Federal Executive Council or the Executive Council of a State or the Northern Territory; or

deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or

could endanger a person’s life or physical safety; or

could prejudice the protection of public safety; or

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

would prejudice the proper enforcement of the law; or

would involve disclosing information whose disclosure is prohibited (absolutely or subject to qualifications) by or under another law of the Commonwealth; or

would involve unreasonably disclosing a person’s personal information; or

would involve unreasonably disclosing confidential commercial information.

an offence against a law of the Commonwealth, a State or a Territory involving assault or sexual assault; or

any other offence prescribed by the PWSS rules.

a police force or police service of a State or Territory; or

any other authority or person responsible for the enforcement of the laws of a State or Territory.

(a) the Work Health and Safety Act 2011; or

a corresponding WHS law (within the meaning of that Act).

the Behaviour Codes that apply to them;

the Behaviour Codes that apply to them;

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.

the Behaviour Codes; and

the investigation of conduct issues; and

any actions taken as a result of those investigations.

the Commissioners; and

persons made available by the CEO to assist the IPSC to perform its functions.

assisting the Commissioners in the performance of their functions; and

publishing guidance about its functions and the functions of the Commissioners.

pre-Code conduct, which is certain conduct engaged in by parliamentarians, MOPS employees or non-core participants before the Behaviour Codes have commenced; or

post-Code conduct, which is conduct in breach of a Behaviour Code that is engaged in by any Commonwealth parliamentary workplace participant.

recommend actions to be taken against the person; and

if the person is a current or former parliamentarian—impose sanctions on the person; and

if the person is a current member of a House of the Parliament and a serious breach finding is made—refer the finding to the Privileges Committee of that House.

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).

both of the following apply:

the issue arises from a conduct complaint or conduct issue referral made to the IPSC;

a Commissioner has not yet been assigned to deal with the issue; or

the Chair Commissioner has become aware of, and is considering whether to assign themselves to deal with, the issue; or

any other action is being taken in relation to the issue under this Part.

the Commissioners; and

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

to assist the Commissioners in the performance of their functions;

its guidance function (under section 24BB);

such other functions as are conferred on the IPSC by this Act or by any other law of the Commonwealth;

to do anything incidental to, or conducive to, the performance of the above functions.

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).

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

a parliamentarian; and

a member of that party.

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).

investigating the issue;

referring the issue under:

section 24CI (decision not to investigate—referral to PWSS); or

section 24CJ (decision not to investigate—referral to Agency Head etc.); or

section 24CK (decision not to investigate—referral under another law);

taking no action, or no further action, in relation to the issue.

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.

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.

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).

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.

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.

the decision-maker’s preliminary findings on the conduct issue, including whether the respondent has engaged in relevant conduct; and

a summary of the evidence and other material on which those preliminary findings are based; and

if there is a preliminary finding that the respondent has engaged in relevant conduct—any recommendations that the decision-maker proposes to make in relation to the respondent; and

if there is a preliminary finding that the respondent has engaged in relevant conduct and the respondent is a current or former parliamentarian—any sanctions that the decision-maker proposes to impose on the respondent; and

if:

there is a preliminary serious breach finding in relation to the respondent; and

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

there is a preliminary finding that it is appropriate for a parliamentary sanction to be imposed on the respondent;

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;

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.

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.

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.

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.

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.

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.

both of the following apply:

the decision-maker for a conduct issue decides to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament;

an application under section 24DA for review of a decision has not been made within the period specified in that section, or has been made and dismissed; or

a review panel makes a review decision to refer, or affirm the original decision to refer, a serious breach finding in relation to the respondent for a conduct issue to the Privileges Committee of a House of the Parliament.

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.

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.

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.

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).

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;

(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.

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.

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;

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.

any other provision of this Act; or

any other Act.

relates to any process, or any action, taken in accordance with Division 3, 4 or 5 in relation to a conduct issue that was or is before the IPSC; and

has not been lawfully made available to the public.

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;

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.

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 engages in conduct; and

the person’s conduct breaches a condition under subsection 24FH(1).

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.

the person makes the record, or discloses the information, for purposes connected with the performance or exercise of functions or powers under this Act or another Act; and

the information does not relate to a conduct issue involving conduct that may constitute a serious offence against another person.

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.

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.

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 person makes a conduct complaint; or

the person makes a conduct issue referral; or

the person gives information about a conduct issue to the IPSC, a Commissioner or the CEO; or

the person gives information to a parliamentarian and either:

the parliamentarian uses the information to make a conduct issue referral; or

the person does so with the intention that the parliamentarian will use the information to make a conduct issue referral (whether or not the conduct issue referral is actually made); or

the person gives information, or produces a document or thing, to a Commissioner or review panel:

under section 24F; or

in compliance with a request made by the Commissioner or panel.

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.

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.

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;

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.

the provision is enacted after the commencement of this section; and

the provision is expressed to have effect despite this Division or section 24HB.

the following combination of bodies is a listed entity:

the PWSS;

the IPSC; and

the listed entity is to be known as the Parliamentary Workplace Support Service; and

the CEO is the accountable authority of the listed entity; and

the following persons are officials of the listed entity:

the CEO;

the Commissioners;

the staff of the PWSS referred to in section 38;

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

the purposes of the listed entity include:

the functions of the PWSS referred to in section 13; and

the functions of the IPSC referred to in section 24BA; and

the functions of the CEO referred to in section 27; and

the functions of the Commissioners referred to in section 36C.

to manage the affairs of the PWSS and IPSC; and

to ensure the PWSS performs its functions; and

to assist the IPSC and the Commissioners to perform their functions and exercise their powers.

to assist the IPSC and the Commissioners to perform their functions and exercise their powers; and

a Chair Commissioner of the IPSC; and

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

dealing with conduct issues in accordance with Divisions 3 to 6 of Part 2A; and

preparing and publishing IPSC public statements in accordance with Division 7 of Part 2A.

a Chair Commissioner of the IPSC; and

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

to deal with conduct issues in accordance with Divisions 3 to 6 of Part 2A;

to prepare and publish IPSC public statements in accordance with Division 7 of Part 2A;

such other functions as are conferred on a Commissioner by this Act or by any other law of the Commonwealth;

to do anything incidental to, or conducive to, the performance of the above functions.

has discretion in the performance or exercise of the functions or powers of a Commissioner; and

is not subject to direction by any person in relation to the performance or exercise of those functions or powers.

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 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.

the PWSS or IPSC to disclose information to certain entities and persons; and

certain entities and persons to disclose information to the PWSS or IPSC; and

the PWSS to disclose information to the IPSC; and

the IPSC to disclose information to the PWSS.

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

exercise any of the powers of the entity.

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.

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.

the person consents to the disclosure; or

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

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 Chair Commissioner;

a Secretary of a Parliamentary Department;

the Chair Commissioner; or

the Head (however described) of a Commonwealth entity; or

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

a Presiding Officer; or

a State or Territory law enforcement entity;

the disclosure of information to, or by, the IPSC under subsection 61(1), (1A), (2), (2A) or (2B); or

the use by the PWSS, IPSC, Commonwealth entity, individual, Presiding Officer, or State or Territory law enforcement entity of information disclosed under any of those subsections.

the disclosure to, or by, the IPSC or the Chair Commissioner of information to which the arrangement applies is not authorised under subsection 61(1), (1A), (2), (2A) or (2B); and

the use of information to which the arrangement applies is not authorised under subsection 61(7);

a complaint is made to the PWSS; and

the PWSS has commenced a review of the complaint.

a complaint is made to the PWSS before the commencement time; and

at the commencement time, the PWSS has not commenced a review of the complaint; and

the CEO is satisfied that it would not be appropriate for the complaint to be dealt with through a service provided under section 16 of the new law.

the complainant consents to the referral; or

the CEO is reasonably satisfied that making the referral is necessary to comply with a duty or obligation under a work health and safety law.

be made in writing; and

include the following information:

details of the conduct issue;

any evidence relevant to the conduct issue.