Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023 (70 of 2023)

Schedule 2   Application and transitional provisions

3   Transfer to the PWSS of complaints made before commencement under the existing PWSS mechanism

(1) This item applies if:

(a) a complaint was made before the commencement of this item under the existing PWSS mechanism in relation to alleged relevant conduct (within the meaning of the PWSS Act); and

(b) the PWSS would have the power to review the complaint under subsection 19(2) of the PWSS Act if it were made to the PWSS on or after that commencement; and

(c) before that commencement, either:

(i) the complaint had started to be reviewed under the existing PWSS mechanism (whether or not the review had been completed); or

(ii) a decision had not been made under that mechanism whether to review the complaint.

(2) The PWSS must deal with the complaint on and after that commencement as if the complaint had been made to the PWSS under section 19 of the PWSS Act, subject to subitems (3) to (5).

(3) Any steps taken under the existing PWSS mechanism for the purposes of according a person procedural fairness in relation to the complaint are taken, on and after that commencement, to have been taken by the PWSS.

(4) If, before that commencement:

(a) a review of the complaint conducted under the existing PWSS mechanism had been completed; and

(b) a decision was made under the existing PWSS mechanism about whether the complaint is upheld;

then:

(c) the decision is taken, on and after that commencement, to have been made by the PWSS; and

(d) if the complaint was upheld:

(i) any report of the review completed before that commencement is taken, on and after that commencement, to have been prepared by the PWSS under subsection 19(3) of the PWSS Act; and

(ii) any recommendation made before that commencement under the existing PWSS mechanism in relation to the complaint is taken, on and after that commencement, to have been made by the PWSS.

(5) If a report to which subparagraph (4)(d)(i) applies includes a recommendation to a parliamentarian, then:

(a) the PWSS must engage with the parliamentarian under subsection 19(4) of the PWSS Act on and after that commencement in relation to implementing the recommendation; and

(b) any engagement by the Parliamentary Service Commissioner with the parliamentarian before that commencement in relation to implementing the recommendation is taken to have been carried out by the PWSS; and

(c) if the recommendation is not implemented - the PWSS must under subsection 19(5) of the PWSS Act give a copy of the report to the President of the Senate or the Speaker of the House of Representatives (as the case requires).

(6) In this item:

existing PWSS mechanism means the mechanism established by the Parliamentary Service Commissioner in accordance with paragraph 112B(1)(a) of the Parliamentary Service Determination 2013, as in force at any time before the commencement of this item.