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 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 investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with under the other law.

However, if the conduct concerned may constitute a serious offence against a person, the investigating Commissioner must not refer the issue under this section to the Australian Federal Police or the police force or police service of a State or Territory unless:

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.