Parliamentary Workplace Support Service Act 2023

A condition imposed on a person (the recipient) under subsection 24FH(1) does not apply to:

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.

A support person for the recipient may be approved under subsection 24FC(4) or subsection (2) of this section (see the definition of that term in section 5).

On application by the recipient, the responsible Commissioner or Commissioners must, in writing, approve a person as a support person for the recipient if satisfied that:

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.

An approval under subsection (2) is not a legislative instrument.