Whole Act
176 provisions in continuous reading order
Loading the complete Act…
This Act is the Parliamentary Workplace Support Service Act 2023.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the first day of the first calendar month to start after the end of that period. | 1 October 2023 (F2023N00347) |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The objects of this Act are:
to support safe and respectful workplaces for parliamentarians, MOPS employees and other Commonwealth parliamentary workplace participants; and
to support positive cultural change in those workplaces; and
to provide centralised human resources support to parliamentarians and MOPS employees; and
to promote and enforce compliance by Commonwealth parliamentary workplace participants with the Behaviour Codes.
This Act establishes the Parliamentary Workplace Support Service.
The functions of the PWSS include:
its human resources functions; and
its support function; and
its complaint resolution function; and
its policy development function; and
its education and training functions; and
to monitor, review and evaluate certain matters; and
to prepare and publish reports.
The Independent Parliamentary Standards Commission is also established by this Act.
The functions of the IPSC include:
assisting the Commissioners in the performance of their functions; and
publishing guidance about its functions and the functions of the Commissioners.
The functions of the Commissioners include:
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.
Parliamentarians must comply with certain training requirements, consultation requirements and requests for information under this Act. A failure to comply may result in details of the non‑compliance being published in a public report.
There is to be a Chief Executive Officer of the PWSS. The CEO is responsible for the management of the PWSS and the IPSC, for ensuring that the PWSS performs its functions and for assisting the IPSC and Commissioners to perform their functions and exercise their powers.
This Act also establishes:
the Parliamentary Workplace Support Service Advisory Board, to advise the CEO on matters relevant to the PWSS or CEO; and
the Parliamentary Workplace Support Service Consultative Committee, to enable parliamentarians and MOPS employees to be consulted on matters relevant to the PWSS; and
the Parliamentary Joint Committee on Parliamentary Standards, to oversee the work of the IPSC.
In this Act:
AFP appointee has the same meaning as in the Australian Federal Police Act 1979.
Agency Head has the same meaning as in the Public Service Act 1999.
before the IPSC: for when a conduct issue is before the IPSC, see section 24AD.
Behaviour Code: see section 24AC.
CEO means the Chief Executive Officer of the Parliamentary Workplace Support Service.
Chair Commissioner means the Chair Commissioner appointed under section 36E.
Code commencement day: see section 24AC.
Commissioner means a Commissioner appointed under section 36E and includes the Chair Commissioner.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth judicial officer means:
a Justice of the High Court; or
a judge or justice of a court created by the Parliament.
Commonwealth parliamentary workplace means:
a place in the precincts (within the meaning of the Parliamentary Precincts Act 1988); or
premises provided or paid for under the Parliamentary Business Resources Act 2017; or
any other place where a Commonwealth parliamentary workplace participant performs duties as a Commonwealth parliamentary workplace participant.
Commonwealth parliamentary workplace participant means:
a core participant; or
a non‑core participant.
complainant means:
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.
conduct complaint: see subsection 24C(3).
conduct issue: see subsection 24AA(1).
conduct issue referral means a referral of a conduct issue under section 24CA or 24CB.
core participant means:
a parliamentarian; or
a MOPS employee; or
a Parliamentary Service employee; or
the Secretary of a Parliamentary Department; or
the Parliamentary Librarian; or
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
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
an APS employee whose predominant place of work as an APS employee is a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in this section; or
a person employed by the Commonwealth as a driver to provide the car‑with‑driver transport service known as COMCAR, to the extent the person’s duties relate to parliamentarians; or
a designated worker.
APS employee is defined in the Acts Interpretation Act 1901.
court/tribunal order has the same meaning as in the Privacy Act 1988.
decision‑maker for a conduct issue: see subsection 24CT(2).
designated worker means a worker (within the meaning of the Work Health and Safety Act 2011) who:
carries out work in any capacity for a business or undertaking of the Commonwealth constituted by the provision of support to a parliamentarian; and
carries out the work mentioned in paragraph (a) predominantly at a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in this section; and
is not a person covered by paragraphs (a) to (e) of the definition of core participant in this section.
detriment includes (without limitation) any of the following:
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.
election period: see subsection 6(3).
employer, for a respondent, means:
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.
engage in conduct means:
do an act; or
omit to perform an act.
entrusted person means:
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).
final report means a report prepared under section 24CZ.
identifying information means information that identifies, or is likely to enable the identification of, a person.
independent member means a member of the PWSS Consultative Committee who is not a parliamentarian or a MOPS employee.
investigating Commissioner for a conduct issue: see subsection 24CD(2).
IPSC means the Independent Parliamentary Standards Commission established by section 24B.
IPSC public statement means a statement under Division 7 of Part 2A.
legal practitioner means a barrister, a solicitor, a barrister and solicitor or a legal practitioner of the High Court or of the Supreme Court of a State or Territory.
mandatory education or training program: see paragraph 18(2)(a).
mandatory policy or procedure: see subsection 17(3).
member of the PWSS Advisory Board includes the Chair of the PWSS Advisory Board.
Minister: see section 6A.
MOPS employee means a person who is employed under the Members of Parliament (Staff) Act 1984.
non‑core participant means a person, other than a core participant, who performs work (whether or not paid work) predominantly at a place covered by paragraph (a) or (b) of the definition of Commonwealth parliamentary workplace in this section.
original decision: see subsection 24DD(1).
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
parliamentarian: see section 6.
parliamentarian decision panel for a conduct issue: see subsection 24CS(1).
Parliamentary Department means any of the following:
the Department of the Senate;
the Department of the House of Representatives;
the Department of Parliamentary Services;
the Parliamentary Budget Office.
Parliamentary Joint Committee means the Parliamentary Joint Committee on Parliamentary Standards for the time being constituted under Part 6A.
Parliamentary party means a political party (within the meaning of the Commonwealth Electoral Act 1918) at least one member of which is a member of the Parliament of the Commonwealth.
parliamentary sanction, in relation to a member of a House of the Parliament, means:
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
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.
Parliamentary Service employee has the same meaning as in the Parliamentary Service Act 1999.
personal information has the same meaning as in the Privacy Act 1988.
post‑Code conduct: see subsection 24AB(2).
pre‑Code conduct: see subsection 24AB(1).
Presiding Officer means:
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).
Privileges Committee of a House of the Parliament means the committee of that House responsible for inquiring into matters of privilege.
protected disclosure: see section 24H.
public report means a report under section 22 that is published by the PWSS on its website.
PWSS means the Parliamentary Workplace Support Service established by section 12.
PWSS Advisory Board means the Parliamentary Workplace Support Service Advisory Board established by section 42.
PWSS Consultative Committee means the Parliamentary Workplace Support Service Consultative Committee established by section 57.
PWSS rules means rules made under section 69.
referrer, for a conduct issue referral, means the person who makes the referral.
relevant conduct means:
pre‑Code conduct; or
post‑Code conduct.
respondent for a conduct issue: see subsection 24AA(2).
responsible Commissioner or Commissioners: see section 24AE.
review decision: see subsection 24DD(5).
review panel: see subsection 24DD(1).
Secretary, in relation to a Parliamentary Department, means the Secretary of that Department for the purposes of the Parliamentary Service Act 1999.
sensitive information means information the disclosure of which:
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.
serious breach finding, in relation to the respondent for a conduct issue: see paragraph 24CY(1)(d).
serious offence means:
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.
staff of the PWSS means the staff described in section 38.
State or Territory law enforcement entity means:
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.
support person, for a person, means someone approved as a support person for that person under subsection 24FC(4) or 24FI(2).
vacancy, in relation to the office of a member of the PWSS Advisory Board, has a meaning affected by section 7.
work health and safety law means:
the Work Health and Safety Act 2011; or
a corresponding WHS law (within the meaning of that Act).
For the purposes of this Act, parliamentarian means:
a senator; or
a member of the House of Representatives; or
a Minister of State who is not a senator or member of the House of Representatives; or
a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or
a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or
a person not covered by any of paragraphs (a) to (e) or (g) who is covered by subsection (2) at a particular time; or
a person not covered by any of paragraphs (a) to (f) who held the office of Prime Minister.
A person is covered by this subsection at a particular time if:
the person was a senator or member of the House of Representatives immediately before an election period; and
the person is a candidate at the election to which the election period relates; and
the time is within the election period.
In this section:
election period, in relation to an election (within the meaning of the Commonwealth Electoral Act 1918), means the period:
commencing on the day of issue of the writ for the election; and
ending on the day of the declaration of the poll in the election.
Despite section 19 of the Acts Interpretation Act 1901, a reference to “the Minister” in a provision of this Act or the PWSS rules at a particular time is a reference to:
the Special Minister of State, if there is a Minister identified by that title at that time; or
otherwise—the Minister, or any of the Ministers, administering the provision at that time.
A reference to a Minister in paragraph (a) or (b) of this section may include a reference to a person acting for or on behalf of the Minister (see subsection 19(4) of the Acts Interpretation Act 1901).
For the purposes of a reference in:
this Act to a vacancy in the office of a member of the PWSS Advisory Board; or
the Acts Interpretation Act 1901 to a vacancy in the membership of a body;
there are taken to be 4 offices of members of the PWSS Advisory Board in addition to the Chair of the PWSS Advisory Board.
This Act binds the Crown in right of the Commonwealth.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
This Part establishes the Parliamentary Workplace Support Service.
The functions of the PWSS include:
its human resources functions; and
its support function; and
its complaint resolution function; and
its policy development function; and
its education and training functions; and
to monitor, review and evaluate certain matters; and
to prepare and publish reports.
The PWSS may prepare reports about matters relating to the functions of the PWSS, IPSC or CEO. The PWSS must prepare a report each financial year about certain matters, including:
gender and diversity characteristics of parliamentarians and MOPS employees; and
gender equality in relation to remuneration for parliamentarians and MOPS employees; and
the employment of MOPs employees; and
the prevention of, and responses to, relevant conduct.
Parliamentarians must comply with certain training requirements, consultation requirements and requests for information under this Act. A failure to comply may result in details of the non‑compliance being published in a public report.