Parliamentary Workplace Support Service Act 2023

This section applies if the investigating Commissioner:

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.

The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by:

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

if the respondent is an AFP appointee—the Commissioner of Police (within the meaning of the Australian Federal Police Act 1979).

However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral.