Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Act 2024 (86 of 2024)

Schedule 1   Amendments

Part 2   Amendments commencing on Proclamation

Parliamentary Workplace Support Service Act 2023

22   Section 5

Insert:

court/tribunal order has the same meaning as in the Privacy Act 1988.

decision-maker for a conduct issue: see subsection 24CT(2).

detriment includes (without limitation) any of the following:

(a) dismissal of an employee;

(b) injury of an employee in their employment;

(c) alteration of an employee's position to their disadvantage;

(d) discrimination between an employee and other employees of the same employer;

(e) harassment or intimidation of a person;

(f) harm or injury to a person, including psychological harm;

(g) damage to a person's property;

(h) damage to a person's reputation;

(i) damage to a person's business or financial position;

(j) any other damage to a person.

employer , for a respondent, means:

(a) 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

(b) otherwise - the person who employs the respondent in the respondent's capacity as a Commonwealth parliamentary workplace participant.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

entrusted person means:

(a) the CEO; or

(b) a Commissioner; or

(c) a person referred to in section 40A (persons assisting the IPSC); or

(d) 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.

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.

original decision : see subsection 24DD(1).

parliamentarian decision panel for a conduct issue: see subsection 24CS(1).

Parliamentary Department means any of the following:

(a) the Department of the Senate;

(b) the Department of the House of Representatives;

(c) the Department of Parliamentary Services;

(d) the Parliamentary Budget Office.

parliamentary sanction , in relation to a member of a House of the Parliament, means:

(a) 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

(b) the discharge of the member from a committee of one or both Houses of the Parliament; or

(c) 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.

post-Code conduct : see subsection 24AB(2).

pre-Code conduct : see subsection 24AB(1).

Presiding Officer means:

(a) the President of the Senate or a person covered by paragraph 6(1)(d); or

(b) the Speaker of the House of Representatives or a person covered by paragraph 6(1)(e).

protected disclosure : see section 24H.

referrer , for a conduct issue referral, means the person who makes the referral.