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

41   After Part 2

Insert:

Part 2A - Independent Parliamentary Standards Commission

Division 1 - Introduction

Subdivision A - Simplified outline of this Part

24A Simplified outline of this Part

This Part establishes the Independent Parliamentary Standards Commission.

The IPSC consists of:

(a) the Commissioners; and

(b) persons made available by the CEO to assist the IPSC to perform its functions.

The functions of the IPSC include:

(a) assisting the Commissioners in the performance of their functions; and

(b) publishing guidance about its functions and the functions of the Commissioners.

The Commissioners are able to investigate conduct issues that arise from a complaint or referral made to the IPSC, or that the Chair Commissioner becomes aware of in any other way.

A conduct issue is an issue of whether a person has engaged in relevant conduct. Relevant conduct means:

(a) pre-Code conduct, which is certain conduct engaged in by parliamentarians, MOPS employees or non-core participants before the Behaviour Codes have commenced; or

(b) post-Code conduct, which is conduct in breach of a Behaviour Code that is engaged in by any Commonwealth parliamentary workplace participant.

If a person is found to have engaged in such conduct, the Commissioners may:

(a) recommend actions to be taken against the person; and

(b) if the person is a current or former parliamentarian - impose sanctions on the person; and

(c) if the person is a current member of a House of the Parliament and a serious breach finding is made - refer the finding to the Privileges Committee of that House.

Division 4 provides for internal reviews of decisions made by Commissioners.

Division 5 deals with the process for referring a serious breach finding to the Privileges Committee of a House of the Parliament.

Division 6 deals with information-gathering powers, confidentiality notices, and the circumstances in which an entrusted person may record or disclose information.

Division 7 sets out the Commissioners' power to make public statements about conduct issues that were or are before the IPSC.

Division 8 provides protections and immunities for persons who make complaints about or refer conduct issues, or provide other information, under this Act.

Subdivision B - Key concepts for the IPSC

24AA Meanings of conduct issue and respondent

(1) A conduct issue is an issue of whether a person has engaged in, or is engaging in, relevant conduct.

Note: In this Act, relevant conduct means pre-Code conduct or post-Code conduct (see section 5).

(2) The person is the respondent for the conduct issue.

24AB Meanings of pre-Code conduct and post-Code conduct

(1) Pre-Code conduct is conduct that:

(a) is engaged in before the Code commencement day; and

(b) consists of any of the following:

(i) sexual assault;

(ii) assault;

(iii) sexual harassment;

(iv) harassment;

(v) another person being bullied at work (within the meaning of the Fair Work Act 2009);

(vi) unreasonable behaviour towards another person that creates a risk to work health or safety; and

(c) is engaged in by a person (the first person ) covered by column 1 of an item of the following table; and

(d) affects a person (the second person ) covered by column 2 of that item; and

(e) meets the requirements in column 3 of that item.

(2) Post-Code conduct is conduct that:

(a) is engaged in on or after the Code commencement day; and

(b) is engaged in by a Commonwealth parliamentary workplace participant; and

(c) constitutes or involves a breach of a Behaviour Code, as in force at the time of the conduct; and

(d) either:

(i) affects a Commonwealth parliamentary workplace participant; or

(ii) does not directly affect another person.

24AC Meanings of Behaviour Code and Code commencement day

(1) Each of the following is a Behaviour Code :

(a) a determination, under subsection 13(2) of the Members of Parliament (Staff) Act 1984, that a MOPS employee must comply with a code or standard of behaviour (other than the Ministerial Staff Code of Conduct) as a term and condition of employment, as in force from time to time;

(b) a code or standard of behaviour for persons in Commonwealth parliamentary workplaces that is approved, from time to time, by a resolution of both Houses of the Parliament.

(2) The Code commencement day is the first day on which both of the following are in force:

(a) a determination mentioned in paragraph (1)(a);

(b) a code or standard mentioned in paragraph (1)(b).

24AD Meaning of before the IPSC

A conduct issue is before the IPSC if:

(a) both of the following apply:

(i) the issue arises from a conduct complaint or conduct issue referral made to the IPSC;

(ii) a Commissioner has not yet been assigned to deal with the issue; or

(b) the Chair Commissioner has become aware of, and is considering whether to assign themselves to deal with, the issue; or

(c) any other action is being taken in relation to the issue under this Part.

24AE Meaning of responsible Commissioner or Commissioners

(1) The responsible Commissioner or Commissioners for a conduct issue covered by an item of column 1 of the following table are the Commissioners mentioned in column 2 of the item.

(2) If a Commissioner who would be covered by column 2 of the table in subsection (1) is no longer a Commissioner, the Chair Commissioner is taken to be that Commissioner.

Division 2 - Establishment and functions of the IPSC

24B Independent Parliamentary Standards Commission

(1) The Independent Parliamentary Standards Commission is established by this section.

Note 1: The IPSC does not have a legal identity separate from the Commonwealth.

Note 2: In this Act, IPSC means the Independent Parliamentary Standards Commission (see section 5).

(2) The IPSC consists of:

(a) the Commissioners; and

(b) the persons referred to in paragraphs 40A(1)(a) and (b).

24BA Functions of the IPSC

The IPSC has the following functions:

(a) to assist the Commissioners in the performance of their functions;

(b) its guidance function (under section 24BB);

(c) such other functions as are conferred on the IPSC by this Act or by any other law of the Commonwealth;

(d) to do anything incidental to, or conducive to, the performance of the above functions.

24BB Guidance function

(1) The guidance function of the IPSC is to develop and publish guidance about:

(a) the functions and powers of the Commissioners; and

(b) the functions of the IPSC.

(2) The guidance must include information about:

(a) the importance of early reporting to the police of relevant conduct that may constitute an offence; and

(b) the consequences of failing to do so on future investigations and prosecutions of such conduct.

24BC IPSC has privileges and immunities of the Crown

The IPSC has the privileges and immunities of the Crown in right of the Commonwealth.

Division 3 - How the IPSC deals with conduct issues

Subdivision A - Complaints and referrals

24C Conduct complaints

(1) A person may make a complaint to the IPSC if:

(a) the complaint is about alleged post-Code conduct; and

(b) the person was or is affected by the alleged conduct; and

(c) the person was or is a Commonwealth parliamentary workplace participant at the time of the alleged conduct.

(2) A person may also make a complaint to the IPSC if:

(a) the complaint is about alleged pre-Code conduct; and

(b) the person was or is affected by the alleged conduct; and

(c) the person was or is a parliamentarian, MOPS employee or Parliamentary Service employee at the time of the alleged conduct.

(3) A complaint made under this section is a conduct complaint .

(4) A conduct complaint must:

(a) be made in writing; and

(b) include the following:

(i) details of the alleged conduct;

(ii) any evidence to support the complaint;

(iii) the complainant's name and contact details.

(5) The complainant may amend the complaint with the agreement of:

(a) the investigating Commissioner for the conduct issue arising from the complaint; or

(b) if there is no investigating Commissioner - the Chair Commissioner.

24CA Conduct issue referrals by parliamentarians

Parliamentarians generally

(1) A parliamentarian may refer a conduct issue to the IPSC if:

(a) the complainant or respondent is employed by the parliamentarian; or

(b) the complainant's or respondent's predominant place of work is at an office provided to the parliamentarian:

(i) under the Parliamentary Business Resources Act 2017; or

(ii) at a place in the precincts (within the meaning of the Parliamentary Precincts Act 1988).

Presiding Officers

(2) A Presiding Officer may refer a conduct issue to the IPSC if:

(a) either:

(i) the Presiding Officer is the President of the Senate or a person covered by paragraph 6(1)(d), and the respondent is a senator; or

(ii) the Presiding Officer is the Speaker of the House of Representatives or a person covered by paragraph 6(1)(e), and the respondent is a member of the House of Representatives; and

(b) the Presiding Officer is reasonably satisfied that the conduct concerned does not form part of proceedings in Parliament for the purposes of section 16 of the Parliamentary Privileges Act 1987.

Leaders of Parliamentary parties

(3) The Leader of a Parliamentary party may refer a conduct issue to the IPSC if the respondent is or was, at the time of the conduct concerned:

(a) a parliamentarian; and

(b) a member of that party.

Application

(4) To avoid doubt, subsection (1) is not limited by subsection (2) or (3).

24CB Conduct issue referrals by the CEO

(1) The CEO may refer a conduct issue to the IPSC.

(2) However, the CEO must not refer a conduct issue to the IPSC if the issue arises from an anonymous statement.

(3) The CEO may, in writing, delegate the CEO's power under subsection (1) to a member of the staff of the PWSS who is:

(a) an SES employee or an acting SES employee; or

(b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

(4) In exercising a power under a delegation under subsection (3), the delegate must comply with any written directions of the CEO.

24CC Requirements for referrals

(1) A conduct issue referral must:

(a) be made in writing; and

(b) include the following information:

(i) details of the conduct issue;

(ii) any evidence relevant to the conduct issue;

(iii) the name and contact details of the referrer.

(2) If the referrer became aware of the conduct issue because of a complaint made to the referrer:

(a) the referral must not be made unless either:

(i) the complainant consents to the referral; or

(ii) the referrer is reasonably satisfied that making the referral is necessary to comply with a duty or obligation under a work health and safety law; and

(b) the referral must also include the name and contact details of the complainant.

(3) To avoid doubt, this Subdivision does not require a person to refer a conduct issue to the IPSC.

Subdivision B - Dealing with conduct issues

24CD Assignment of investigating Commissioner

(1) The Chair Commissioner:

(a) must assign a Commissioner to deal with a conduct issue arising from a conduct complaint or conduct issue referral; and

(b) may, subject to section 24CE (conduct issues arising from anonymous statements), assign themselves to deal with a conduct issue that the Chair Commissioner becomes aware of in any other way.

(2) The Commissioner assigned to deal with a conduct issue is the investigating Commissioner for the conduct issue.

(3) The Chair Commissioner may vary or revoke an assignment under paragraph (1)(a) at any time.

24CE Conduct issues arising from anonymous statements

(1) The Chair Commissioner must not deal with a conduct issue if the Chair Commissioner becomes aware of the issue because of an anonymous statement.

(2) However, the Chair Commissioner must:

(a) refer the conduct issue to be dealt with by the PWSS, if the Chair Commissioner is satisfied that the statement:

(i) is not frivolous, vexatious, misconceived or lacking in substance; and

(ii) was made in good faith; and

(b) if the contact details of the person who made the statement are known to the Chair Commissioner - take reasonable steps to contact the person and advise them of the services provided by the PWSS under section 15 (support function).

24CF How conduct issues may be dealt with

The investigating Commissioner must deal with a conduct issue by doing any of the following:

(a) investigating the issue;

(b) referring the issue under:

(i) section 24CI (decision not to investigate - referral to PWSS); or

(ii) section 24CJ (decision not to investigate - referral to Agency Head etc.); or

(iii) section 24CK (decision not to investigate - referral under another law);

(c) taking no action, or no further action, in relation to the issue.

24CG Preliminary inquiries

(1) The investigating Commissioner may make any preliminary inquiries, of any person, that the Commissioner considers necessary for the purposes of determining how to deal with a conduct issue.

(2) This section does not limit the information, documents or things to which the investigating Commissioner may have regard in making a decision about how to deal with a conduct issue.

24CH When conduct issue may or may not be investigated

When Commissioner may decide to investigate

(1) The investigating Commissioner may decide to investigate a conduct issue only if:

(a) the Commissioner is satisfied on reasonable grounds that there is sufficient evidence or information to justify doing so; and

(b) if the issue arose from a conduct complaint or conduct issue referral - either:

(i) the Commissioner has consent to investigate the issue; or

(ii) the Commissioner is reasonably satisfied that a serious risk to work health or safety arises, or could arise, from the conduct concerned.

(2) For the purposes of this section, the investigating Commissioner has consent to investigate a conduct issue if:

(a) the issue arose from a conduct complaint and the complainant has not withdrawn the complaint; or

(b) all of the following apply:

(i) the issue arose from a conduct issue referral for which there is a complainant;

(ii) the referral was made with the consent of the complainant;

(iii) the complainant has not withdrawn that consent; or

(c) the issue arose from a conduct issue referral for which there is no complainant.

Commissioner may consult before deciding whether to investigate

(3) Before deciding whether to investigate a conduct issue, the investigating Commissioner may consult with any person affected by the conduct concerned as the Commissioner considers appropriate.

When Commissioner must decide not to investigate etc.

(4) The investigating Commissioner must decide not to investigate a conduct issue, or (if the investigation has started) not to investigate a conduct issue further, if:

(a) the issue arose from a conduct complaint or conduct issue referral and at the time of the conduct concerned, both the complainant and respondent were non-core participants; or

(b) at the time of the conduct concerned, the respondent was:

(i) an APS employee who is not a MOPS employee; or

(ii) a Parliamentary Service employee; or

(iii) an Agency Head; or

(iv) the Secretary of a Parliamentary Department; or

(v) the Parliamentary Librarian; or

(vi) an AFP appointee; or

(c) the conduct concerned forms part of proceedings in Parliament for the purposes of section 16 of the Parliamentary Privileges Act 1987; or

(d) the conduct concerned may constitute a serious offence against a person and the person does not consent to the investigation.

When Commissioner may decide not to investigate etc.

(5) The investigating Commissioner may decide not to investigate a conduct issue, or (if the investigation has started) not to investigate a conduct issue further, if:

(a) if the issue arose from a conduct complaint or conduct issue referral - the Commissioner is satisfied that the complaint or referral is frivolous, vexatious, misconceived or lacking in substance or was not made in good faith; or

(b) if the issue arose from a conduct complaint or conduct issue referral and the Commissioner does not have consent to investigate the issue - the Commissioner is satisfied that it is unreasonable to continue the investigation, taking into account the progress of the investigation and fairness between the persons affected by the investigation; or

(c) the Commissioner is satisfied that the conduct concerned:

(i) would be more appropriately dealt with through a service provided under section 16 (complaint resolution function), or under another law of the Commonwealth or a law of a State or Territory; or

(ii) is being dealt with through a service provided under section 16 (complaint resolution function); or

(iii) is being dealt with under another law of the Commonwealth or a law of a State or Territory and it would be inappropriate to conduct an investigation under this Act at the same time; or

(iv) has already been dealt with under this Part, another law of the Commonwealth or a law of a State or Territory and there are no further matters concerning the conduct that warrant investigation; or

(d) the conduct concerned is, or has been, the subject of criminal or civil proceedings (including any preliminary investigations or action that might lead to criminal or civil proceedings); or

(e) if the respondent is a non-core participant - the Commissioner is satisfied that the issue would be more appropriately dealt with by the respondent's employer; or

(f) the Commissioner is satisfied it is inappropriate or impracticable for the issue to be investigated for any other reason.

24CI Decision not to investigate - referral to PWSS

(1) This section applies if the investigating Commissioner:

(a) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and

(b) does so because:

(i) the issue arose from a conduct complaint or conduct issue referral and at the time of the conduct concerned, both the complainant and respondent were non-core participants; or

(ii) the Commissioner is satisfied that the conduct concerned would be more appropriately dealt with through a service provided under section 16 (complaint resolution function).

(2) This section also applies if the investigating Commissioner:

(a) decides not to investigate a conduct issue; and

(b) does so because:

(i) the issue arose from a conduct issue referral for which there is a complainant; and

(ii) the Commissioner does not have consent to investigate the issue (within the meaning of subsection 24CH(2)); and

(iii) the Commissioner is not satisfied as required by subparagraph 24CH(1)(b)(ii) (which deals with serious risks to work health or safety).

(3) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by the PWSS.

(4) However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral.

24CJ Decision not to investigate - referral to Agency Head etc.

(1) This section applies if the investigating Commissioner:

(a) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and

(b) does so because, at the time of the conduct concerned, the respondent was:

(i) an APS employee who is not a MOPS employee; or

(ii) a Parliamentary Service employee; or

(iii) an Agency Head; or

(iv) the Secretary of a Parliamentary Department; or

(v) the Parliamentary Librarian; or

(vi) an AFP appointee.

(2) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by:

(a) if the respondent is an APS employee of an Agency (within the meaning of the Public Service Act 1999) - the Agency Head of that Agency; or

(b) if the respondent is a Parliamentary Service employee of a Parliamentary Department - the Secretary of that Department; or

(c) if the respondent is an Agency Head - the Australian Public Service Commissioner; or

(d) if the respondent is the Secretary of a Parliamentary Department - each Presiding Officer; or

(e) if the respondent is the Parliamentary Librarian - the Secretary of the Department of Parliamentary Services; or

(f) if the respondent is an AFP appointee - the Commissioner of Police (within the meaning of the Australian Federal Police Act 1979).

(3) However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral.

24CK Decision not to investigate - referral under another law

(1) This section applies if:

(a) the investigating Commissioner:

(i) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and

(ii) 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

(b) section 24CJ (decision not to investigate - referral to Agency Head etc.) does not apply.

(2) 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.

(3) 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:

(a) the person consents to the referral; or

(b) 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.

24CL Notice of decision about investigating conduct issue

Decision to investigate

(1) The investigating Commissioner must take reasonable steps to give written notice of a decision to investigate a conduct issue to the following:

(a) the respondent;

(b) if any of the following applies - the respondent's employer:

(i) the issue did not arise from a conduct complaint or conduct issue referral;

(ii) the issue arose from a conduct complaint or conduct issue referral and the complainant consents to the giving of the notice;

(iii) the issue arose from a conduct issue referral for which there is no complainant;

(iv) the Commissioner is reasonably satisfied that the issue is relevant to a duty or obligation of the employer under a work health and safety law;

(c) if the issue arose from a conduct complaint or conduct issue referral - the complainant;

(d) if the issue arose from a conduct issue referral - the referrer.

(2) A notice under subsection (1) must set out:

(a) the reasons for the decision; and

(b) details of the conduct issue concerned; and

(c) the effect of section 24CP (requirement to cooperate); and

(d) if the notice is given to the respondent or complainant - information about the services provided by the PWSS under section 15 (support function).

Decision not to investigate

(3) The investigating Commissioner must take reasonable steps to give written notice of a decision not to investigate a conduct issue, or not to investigate a conduct issue further, to the following:

(a) if the Commissioner has previously made the respondent aware of a matter relating to the issue (whether by giving a notice under this Act or otherwise) - the respondent;

(b) any other person to whom the Commissioner has previously given a notice under this Act in relation to the issue;

(c) if the issue arose from a conduct complaint or conduct issue referral - the complainant;

(d) if the issue arose from a conduct issue referral - the referrer.

(4) A notice under subsection (3) must set out the reasons for the decision.

24CM Notice of amended complaint

(1) This section applies if:

(a) the investigating Commissioner gives notice of a decision to investigate a conduct issue to the respondent; and

(b) the issue arose from a conduct complaint; and

(c) the complainant amends the complaint after the notice is given.

(2) The investigating Commissioner must, as soon as practicable, give written notice of the amended complaint to the respondent.

Subdivision C - Investigating conduct issues

24CN Application of Subdivision

This Subdivision applies if the investigating Commissioner decides to investigate a conduct issue.

24CO Conduct of investigations

(1) The investigating Commissioner may investigate the conduct issue in such manner as the Commissioner thinks fit.

(2) The investigating Commissioner must:

(a) complete the investigation as quickly as the requirements of this Act and a proper consideration of the conduct issue permits; and

(b) observe the requirements of procedural fairness when conducting the investigation.

(3) Conduct issues may be investigated together.

24CP Requirement to cooperate

(1) This section applies if the respondent is:

(a) a person covered by paragraph 6(1)(a) or (b); or

(b) a MOPS employee.

(2) The respondent must cooperate with any person who is performing functions, or exercising powers, under this Act in relation to the investigation.

Note: A failure to comply with this subsection may constitute a breach of a Behaviour Code.

24CQ Commissioner may recommend suspension for non-parliamentarians during investigation

(1) This section applies if the respondent is not a parliamentarian.

(2) The investigating Commissioner may recommend that the respondent's employer suspend the respondent from duties:

(a) if the Commissioner is reasonably satisfied that the employer should do so to comply with a duty or obligation under a work health and safety law; and

(b) for a specified period of no longer than 30 days.

(3) The investigating Commissioner must consult the respondent's employer in determining:

(a) whether to make the recommendation, if a recommendation has previously been made under this section in relation to the respondent; and

(b) the period to be specified.

Subdivision D - Report of investigation into conduct issue

24CR Application of Subdivision

This Subdivision applies after an investigation into a conduct issue is completed.

24CS Parliamentarian decision panel

(1) If the respondent is a current or former parliamentarian, the Chair Commissioner must, as soon as practicable, constitute a panel (the parliamentarian decision panel ) for the conduct issue.

(2) The parliamentarian decision panel must consist of:

(a) the investigating Commissioner; and

(b) 2 other Commissioners.

(3) The Chair Commissioner may reconstitute the parliamentarian decision panel at any time.

(4) Anything done by the parliamentarian decision panel must be agreed to by a majority of the panel's members.

24CT Draft report on investigation

(1) The decision-maker must prepare a draft report on the investigation.

(2) The decision-maker for the conduct issue is:

(a) if the respondent is a current or former parliamentarian - the parliamentarian decision panel for the issue; or

(b) otherwise - the investigating Commissioner.

(3) If the decision-maker is a parliamentarian decision panel:

(a) the investigating Commissioner must provide to the panel relevant evidence and other material gathered during the investigation; and

(b) the panel may request the investigating Commissioner to obtain such other evidence or material about the conduct issue as the panel requires; and

(c) the panel must consider the evidence and other material in preparing the draft report.

24CU Contents of draft report

The draft report must set out:

(a) the decision-maker's preliminary findings on the conduct issue, including whether the respondent has engaged in relevant conduct; and

(b) a summary of the evidence and other material on which those preliminary findings are based; and

(c) if there is a preliminary finding that the respondent has engaged in relevant conduct - any recommendations that the decision-maker proposes to make in relation to the respondent; and

(d) if there is a preliminary finding that the respondent has engaged in relevant conduct and the respondent is a current or former parliamentarian - any sanctions that the decision-maker proposes to impose on the respondent; and

(e) if:

(i) there is a preliminary serious breach finding in relation to the respondent; and

(ii) the respondent is a current member of a House of the Parliament; and

(iii) there is a preliminary finding that it is appropriate for a parliamentary sanction to be imposed on the respondent;

whether the decision-maker proposes to refer the preliminary serious breach finding to the Privileges Committee of that House.

Note: The decision-maker is not required to propose a recommendation, sanction or referral, even if there is a preliminary finding that the respondent has engaged in relevant conduct.

24CV Opportunity to respond to preliminary findings and proposed sanctions etc.

(1) This section applies if the draft report sets out:

(a) a preliminary finding that is critical (either expressly or impliedly) of a person; or

(b) a proposed recommendation to take an action in relation to a person; or

(c) a proposed sanction to be imposed on a person; or

(d) a proposed referral of a serious breach finding in relation to a person to the Privileges Committee of a House of the Parliament.

(2) The decision-maker must give the person:

(a) a statement setting out the preliminary finding or proposal; and

(b) a reasonable opportunity to respond to the preliminary finding or proposal.

24CW Draft report may be given to respondent or complainant

(1) The decision-maker may, if the decision-maker considers it appropriate to do so, give a copy of the draft report to either or both of the following:

(a) the respondent;

(b) if the conduct issue arose from a conduct complaint or conduct issue referral - the complainant.

(2) The decision-maker must exclude from the copy any information that the decision-maker is satisfied is sensitive information.

24CX Apologies by the respondent

(1) This section applies if:

(a) before the draft report is prepared, the investigating Commissioner is satisfied as mentioned in subsection (2); or

(b) after the draft report is prepared and before a decision is made under section 24CY, the decision-maker is satisfied as mentioned in subsection (2) of this section.

(2) For the purposes of paragraphs (1)(a) and (b), the investigating Commissioner or decision-maker must be satisfied that:

(a) it would be appropriate in the circumstances, taking into account the seriousness of the conduct concerned, for the respondent to apologise to a person affected by the conduct concerned; and

(b) the conduct concerned would not constitute an offence.

(3) The investigating Commissioner or decision-maker may facilitate, in such manner as they see fit, the making of the apology if:

(a) the respondent consents to making the apology; and

(b) the person consents to receiving the apology.

(4) The making of the apology:

(a) is not an admission of fault or liability; and

(b) is not admissible in evidence against the respondent in any civil proceedings in respect of the conduct concerned.

(5) The decision-maker may take the apology into account in making a decision under section 24CY.

24CY Decision on conduct issue

Decision on conduct issue

(1) After considering the responses (if any) given on the draft report, the decision-maker must decide:

(a) whether the decision-maker is satisfied, on the balance of probabilities, that the respondent has engaged in relevant conduct; and

(b) if the decision-maker is satisfied that the respondent has engaged in relevant conduct - whether to make any recommendations in relation to the respondent; and

(c) if the decision-maker is satisfied that the respondent has engaged in relevant conduct, and the respondent is a current or former parliamentarian - whether to impose any sanctions on the respondent; and

(d) if:

(i) the decision-maker is satisfied that the respondent has engaged in relevant conduct that is serious; and

(ii) the respondent is a current member of a House of the Parliament; and

(iii) the decision-maker is satisfied that it is appropriate for a parliamentary sanction to be imposed on the respondent;

whether to refer the finding (the serious breach finding ) that the respondent has engaged in the relevant conduct to the Privileges Committee of that House.

Note 1: To avoid doubt, a finding by the decision-maker that the respondent has engaged in relevant conduct is not a finding of guilt in relation to an offence against a law of the Commonwealth, a State or a Territory.

Note 2: The decision-maker is not required to make a recommendation, impose a sanction or make a referral, even if the decision-maker is satisfied that the respondent has engaged in relevant conduct.

Note 3: The decision-maker may, in making a decision under this section, take into account any apology made by the respondent that was facilitated by a Commissioner (see subsection 24CX(5)).

(2) The decision-maker may decide to make a recommendation, impose a sanction or refer a serious breach finding only if the decision-maker is satisfied that doing so is necessary to promote appropriate conduct in Commonwealth parliamentary workplaces.

(3) A decision made by the decision-maker comes into operation on:

(a) if an application under section 24DA for review of the decision has been made within the period specified in that section - the day after the application is finally determined; or

(b) if an application under section 24DA for review of the decision has not been made within the period specified in that section - the day after the end of that period.

Note: If a review panel varies or substitutes the decision, the decision as varied or the substituted decision is taken to be the decision of the decision-maker (see subsection 24DD(6)).

Recommendations that may be made

(4) For the purposes of paragraph (1)(b), the following recommendations may be made:

(a) if the respondent is a MOPS employee - a recommendation for the respondent's employer to take any of the following actions within a specified period:

(i) give the respondent a written reprimand;

(ii) require the respondent to undertake training or professional development;

(iii) require the respondent to enter into an agreement with the employer about the respondent's future behaviour;

(iv) re-assign the respondent's duties, if it is reasonably practicable to do so;

(v) deduct from the respondent's annual salary, by way of fine, an amount not exceeding 2% of that salary;

(vi) terminate the respondent's employment;

(b) if the respondent is a non-core participant - a recommendation for a Presiding Officer to restrict or remove the respondent's access to the precincts (within the meaning of the Parliamentary Precincts Act 1988) for a specified period;

(c) if the respondent is a former MOPS employee - a recommendation for the respondent's former employer to give the respondent a written reprimand;

(d) if the respondent is neither a parliamentarian nor a MOPS employee - a recommendation for the respondent's employer to take, within a specified period, any action that the decision-maker considers appropriate, taking into account the seriousness of the conduct concerned.

Sanctions that may be imposed

(5) For the purposes of paragraph (1)(c), the following sanctions may be imposed:

(a) a written reprimand;

(b) a requirement that the respondent undertake training or professional development within a specified period;

(c) a requirement that the respondent enter into an agreement with the IPSC about the respondent's future behaviour.

Deduction of amounts from salary

(6) If the decision-maker recommends that an amount be deducted from the respondent's salary by way of fine:

(a) the fine may be deducted from a payment of salary made to the respondent; or

(b) 2 or more amounts that in total equal the fine may be deducted from 2 or more payments of salary made to the respondent.

24CZ Final report on investigation

(1) The decision-maker must prepare a final report on the investigation that sets out:

(a) the decisions made by the decision-maker; and

(b) any other findings on the conduct issue that the decision-maker thinks fit to make; and

(c) a summary of the evidence and other material on which those decisions and findings are based.

(2) The decision-maker must, as soon as practicable after preparing the final report, give a copy of the report to:

(a) the respondent; and

(b) if the conduct issue arose from a conduct complaint or conduct issue referral - the complainant; and

(c) if the respondent is a MOPS employee - the respondent's employer.

(3) If an application under section 24DA for review of a decision set out in the report has not been made within the period specified in that section, or has been made and dismissed, the decision-maker must give a copy of the report to:

(a) if the conduct issue arose from a conduct issue referral - the referrer; and

(b) if the report contains a decision to recommend that a Presiding Officer take an action - that Presiding Officer; and

(c) if both of the following apply - the Prime Minister:

(i) the respondent is a Minister (whether or not the respondent was a Minister at the time of the conduct concerned);

(ii) the report contains a finding that the respondent has engaged in relevant conduct; and

(d) if the respondent is a member of a Parliamentary party and both of the following apply - the Leader of that Parliamentary party:

(i) the respondent is a Presiding Officer;

(ii) the report contains a decision to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament; and

(e) if both of the following apply - the respondent's employer:

(i) the respondent is not a MOPS employee;

(ii) the report contains a decision to recommend that the employer take an action; and

(f) if all of the following apply - the respondent's former employer:

(i) the respondent is a former MOPS employee;

(ii) the report contains a decision to recommend that the respondent's former employer give the respondent a written reprimand;

(iii) it is reasonably practicable to do so.

Note: If an application for review has been made and has not been dismissed, a copy of the final report may be given to some of the persons mentioned in this subsection after the review is completed (see subsection 24DE(4)).

(4) If the respondent is a parliamentarian or MOPS employee, the decision-maker may give a copy of the report to the CEO for purposes connected with the performance or exercise of the CEO's functions or powers.

(5) The decision-maker must exclude from a copy of a report given under this section any information that the decision-maker is satisfied is sensitive information.

Division 4 - Review

24D Application of Division

This Division applies in relation to a decision made under section 24CY by the decision-maker for a conduct issue.

24DA Applying for internal review

Who can apply

(1) The respondent for the conduct issue may apply to the IPSC for review of the following decisions:

(a) a decision to make a finding that the respondent has engaged in relevant conduct;

(b) if the respondent is a core participant - any or all of the following:

(i) a decision to make one or more recommendations in relation to the respondent;

(ii) a decision to make a particular recommendation in relation to the respondent;

(iii) a decision to impose one or more sanctions on the respondent;

(iv) a decision to impose a particular sanction on the respondent;

(v) a decision to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament.

(2) If the conduct issue arose from a conduct complaint or conduct issue referral, the complainant may apply to the IPSC for review of the following decisions:

(a) a decision to make a finding that the respondent has not engaged in relevant conduct;

(b) if the respondent is a core participant - any or all of the following:

(i) a decision to make one or more recommendations in relation to the respondent;

(ii) a decision to make a particular recommendation in relation to the respondent;

(iii) a decision to impose one or more sanctions on the respondent;

(iv) a decision to impose a particular sanction on the respondent;

(v) a decision to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament;

(c) if a finding is made that the respondent has engaged in relevant conduct - either or both of the following:

(i) a decision not to make a recommendation in relation to the respondent;

(ii) a decision not to impose a sanction on the respondent;

(d) if a serious breach finding is made in relation to the respondent - a decision not to refer the finding to the Privileges Committee of a House of the Parliament.

(3) If the respondent for the conduct issue is a MOPS employee, the respondent's employer may apply to the IPSC for review of a decision to make a recommendation for the employer to take an action in relation to the respondent.

Requirements for application

(4) An application for review of a decision must:

(a) be made in writing; and

(b) set out the reasons for making the application; and

(c) be made within:

(i) 28 days after the applicant is given, under section 24CZ, a copy of the final report that sets out the decision; or

(ii) if the period within which the application may be made is extended under section 24DB - the extended period.

24DB Extension of period for applying for review

(1) A person may apply to the Chair Commissioner to extend the period during which the person may apply for review of a decision.

(2) The application must:

(a) be made in writing; and

(b) set out the reasons for making the application; and

(c) be made within 28 days after the person is given, under section 24CZ, a copy of the final report that sets out the decision.

(3) The Chair Commissioner may extend the period if the Chair Commissioner considers that there are reasonable grounds to do so.

24DC Notice of application

(1) The Chair Commissioner must give written notice of an application made under section 24DA to:

(a) the respondent for the conduct issue concerned; and

(b) if the conduct issue concerned arose from a conduct complaint or conduct issue referral - the complainant; and

(c) if the respondent is a MOPS employee - the respondent's employer.

(2) The notice must set out the effect of section 24DG (requirement to cooperate).

24DD Internal review

Review panel

(1) The Chair Commissioner must, as soon as practicable after an application for review of a decision (the original decision ) is made under section 24DA, constitute a panel (the review panel ) to deal with the application.

(2) The review panel must consist of 3 Commissioners, which must not include any Commissioner who made, or was involved in making, the original decision.

(3) The Chair Commissioner may reconstitute the review panel at any time.

Review panel may dismiss application

(4) The review panel may, at any time, dismiss the application if satisfied that the application:

(a) is frivolous, vexatious, misconceived or lacking in substance or was not made in good faith; or

(b) has no reasonable prospects of success; or

(c) is otherwise an abuse of the process of the IPSC.

Process for review

(5) After reviewing the original decision, the review panel must make a decision (the review decision ):

(a) affirming the original decision; or

(b) varying the original decision; or

(c) setting aside, and making a decision in substitution for, the original decision.

(6) If the review panel makes a review decision mentioned in paragraph (5)(b) or (c), the original decision as varied, or the decision made in substitution for the original decision, is taken to be a decision of the Commissioner or parliamentarian decision panel that made the original decision.

24DE Notice of review decision etc.

Notice of review decision

(1) The review panel must, as soon as practicable after the review decision is made, give written notice of the decision and the reasons for the decision to:

(a) the applicant for the review; and

(b) if the conduct issue concerned arose from a conduct complaint or conduct issue referral - the complainant; and

(c) if the conduct issue concerned arose from a conduct issue referral - the referrer; and

(d) the respondent for the conduct issue concerned; and

(e) if both of the following apply - the Prime Minister:

(i) the respondent for the conduct issue concerned is a Minister (whether or not the respondent was a Minister at the time of the conduct);

(ii) the review decision is to make, or affirm the original decision to make, a finding that the respondent has engaged in relevant conduct; and

(f) if the respondent for the conduct issue concerned is a MOPS employee - the respondent's employer; and

(g) if the review decision is to make, or affirm the original decision to make, a recommendation for a person to take an action - that person.

(2) The notice under subsection (1) must also be given to the Leader of a Parliamentary party if:

(a) the respondent for the conduct issue concerned is a Presiding Officer who is a member of that party; and

(b) the review decision is to refer, or affirm the original decision to refer, a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament.

(3) If the respondent for the conduct issue concerned is a parliamentarian or MOPS employee, the notice under subsection (1) may be given to the CEO for purposes connected with the performance or exercise of the CEO's functions or powers.

Copy of final report

(4) The review panel must also give a copy of the final report that sets out the original decision to:

(a) if the conduct issue concerned arose from a conduct issue referral - the referrer; and

(b) if the original decision was to make a recommendation for a Presiding Officer to take an action and the review decision affirms the original decision - that Presiding Officer; and

(c) if all of the following apply - the Prime Minister:

(i) the respondent for the conduct issue concerned is a Minister (whether or not the respondent was a Minister at the time of the conduct);

(ii) the original decision was to make a finding that the respondent has engaged in relevant conduct;

(iii) the review decision affirms the original decision; and

(d) if the respondent for the conduct issue concerned is a member of a Parliamentary party and all of the following apply - the Leader of that Parliamentary party:

(i) the respondent is a Presiding Officer;

(ii) the original decision was to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament;

(iii) the review decision affirms the original decision; and

(e) if all of the following apply - the employer of the respondent for the conduct issue concerned:

(i) the respondent is not a MOPS employee;

(ii) the original decision was to make a recommendation for the employer to take an action;

(iii) the review decision affirms the original decision.

Sensitive information

(5) The review panel must exclude any information that the panel is satisfied is sensitive information from:

(a) a notice given under subsection (1); and

(b) a copy of a report given under subsection (4).

24DF Conduct of reviews etc.

(1) A review panel may review a decision in such manner as the members of the panel think fit.

(2) The review panel must:

(a) complete the review as quickly as the requirements of this Act and a proper consideration of the matters before the panel permits; and

(b) observe the requirements of procedural fairness when conducting the review.

(3) Anything done by the review panel must be agreed to by a majority of the panel's members.

24DG Requirement to cooperate

(1) This section applies in relation to a review of a decision on a conduct issue if the respondent for the issue is:

(a) a person covered by paragraph 6(1)(a) or (b); or

(b) a MOPS employee.

(2) The respondent must cooperate with any person who is performing functions, or exercising powers, under this Act in relation to the review.

Note: A failure to comply with this subsection may constitute a breach of a Behaviour Code.

Division 5 - Referral of serious breach findings to Parliament

24E Application of Division

This Division applies if:

(a) both of the following apply:

(i) the decision-maker for a conduct issue decides to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament;

(ii) an application under section 24DA for review of a decision has not been made within the period specified in that section, or has been made and dismissed; or

(b) a review panel makes a review decision to refer, or affirm the original decision to refer, a serious breach finding in relation to the respondent for a conduct issue to the Privileges Committee of a House of the Parliament.

24EA Referral to Privileges Committee

(1) The decision-maker or review panel must, as soon as practicable:

(a) refer the serious breach finding to the Privileges Committee; and

(b) give a statement to the Committee that sets out such information as the decision-maker or review panel considers necessary to assist the Committee to understand the reasons for the decision.

Notice of proposal to include identifying information - other than for respondent parliamentarians

(2) Before including identifying information in the statement, the decision-maker or review panel must give the person concerned a written notice stating that they are proposing to include the information in the statement.

(3) Subsection (2) does not apply if the identifying information relates to the respondent.

Requirement to consult on proposal to include identifying information

(4) The written notice must also invite the person to:

(a) make submissions to the decision-maker or review panel in relation to the proposal; and

(b) do so within the period specified in the notice, which must be a reasonable period.

(5) If the person makes the submissions, the decision-maker or review panel must:

(a) have regard to the submissions in deciding whether or not to include the identifying information; and

(b) give the person written notice of their decision.

24EB Privileges Committee to make recommendations to House

(1) The Privileges Committee must:

(a) decide whether to recommend that the House impose on the respondent:

(i) any parliamentary sanctions; and

(ii) any other sanctions that the Committee considers necessary to promote appropriate conduct in Commonwealth parliamentary workplaces; and

(b) report the Committee's decision to the House.

Note: The Committee may decide not to recommend that the House impose any sanction on the respondent.

(2) The Privileges Committee must make the decision within:

(a) 60 calendar days after the referral of the serious breach finding; or

(b) if the Committee requires additional time to make the decision - such longer period after the referral as the Committee resolves.

24EC House may resolve to impose sanctions

(1) At any time after the Privileges Committee reports its decision to recommend that the House impose a sanction on the respondent, the House may resolve to impose:

(a) that sanction; and

(b) any other sanction that the House considers necessary to promote appropriate conduct in Commonwealth parliamentary workplaces.

Deduction of fines

(2) If the House resolves to deduct an amount from the respondent's salary by way of fine, the relevant Secretary may:

(a) deduct the fine from a payment of salary made to the respondent; or

(b) deduct 2 or more amounts that in total equal the fine from 2 or more payments of salary made to the respondent.

(3) For the purposes of subsection (2), the relevant Secretary is:

(a) if the House is the House of Representatives - the Secretary of the Department of the House of Representatives; or

(b) if the House is the Senate - the Secretary of the Department of the Senate.

24ED Powers of Houses not limited

To avoid doubt, this Division does not limit the power of a House of the Parliament to suspend, or take any other action in relation to, a member of that House, whether or not the member is the subject of a serious breach finding.

Division 6 - Information management

Subdivision A - Requiring information and documents etc.

24F Notice to give information etc.

Application

(1) This section applies if:

(a) the investigating Commissioner for a conduct issue has reasonable grounds to believe that a person has information, or a document or thing, that is relevant to:

(i) a preliminary inquiry mentioned in section 24CG in relation to the issue; or

(ii) the investigation of the issue under Subdivision C of Division 3; or

(iii) the preparation of a report under Subdivision D of Division 3 on the issue; or

(b) a review panel dealing with an application for review under Division 4 has reasonable grounds to believe that a person has information, or a document or thing, that is relevant to the review.

Notice to give information etc.

(2) The Commissioner or panel may, by written notice given to the person, require the person to:

(a) give any such information to the Commissioner or panel; or

(b) produce any such document or thing to the Commissioner or panel; or

(c) attend an interview with the Commissioner or panel, including to make a statement or answer questions.

Note: This does not affect the law relating to parliamentary privileges and immunities (see section 67).

(3) The notice must:

(a) if the notice requires the person to give information or produce a document or thing - specify:

(i) the period (which must be at least 14 days after the notice is given to the person) within which the person is required to comply with the notice; and

(ii) the manner in which the person is required to comply with the notice; and

(b) if the notice requires the person to attend an interview - specify:

(i) a time and place at which the person is to attend; and

(ii) the nature of the matter to which the interview will relate; and

(c) in any case - state the effect of sections 24FA (when compliance with notice is not required) and 24FB (offence - failure to comply with notice to give information etc.) of this Act, and sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

Person may notify Commissioner or panel if unable to attend interview

(4) If:

(a) the notice requires the person to attend an interview; and

(b) there is a reason why it is not reasonably practicable for the person to do so;

the person may, within 7 days after receiving the notice, notify the Commissioner or panel of the reason.

Note: A person commits an offence if the person fails to comply with a requirement of a notice under this section unless it is not reasonably practicable for the person to do so (see section 24FB).

24FA When compliance with notice is not required

(1) A person (the recipient ) is not required to comply with a requirement of a notice given to the recipient under section 24F if subsection (2) or (3) of this section applies.

Information etc. relating to support services

(2) This subsection applies if the requirement relates to information, a document or a thing obtained or brought into existence in the course of, or for the purposes of, providing a service under section 15 (support function).

Information etc. relating to informant's identity

(3) This subsection applies if:

(a) the requirement relates to information, a document or a thing given by a person (the informant ), whether directly or indirectly:

(i) to another person who works in a professional capacity as a journalist; and

(ii) in the normal course of the journalist's work as a journalist; and

(b) the journalist reasonably believes that the informant has provided the information on the express or implied understanding that the informant's identity would not be disclosed; and

(c) compliance with the requirement would disclose the identity of the informant or enable that identity to be ascertained; and

(d) the recipient is:

(i) the journalist; or

(ii) the journalist's employer; or

(iii) assisting the journalist and employed or engaged by the journalist's employer; or

(iv) assisting the journalist in the recipient's professional capacity.

(4) If the journalist is a staff member of a Commonwealth entity, the reference in subsection (3) to the journalist's employer is taken to include a reference to:

(a) if the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the entity is a single person - that person; or

(b) if the accountable authority (within the meaning of that Act) of the entity is a governing body or other group of persons:

(i) the chief executive officer (however described) of the entity (unless subparagraph (ii) applies); or

(ii) if the PWSS rules prescribe another person as the head of the entity - that other person.

(5) For the purposes of subsection (4), the following are staff members of a Commonwealth entity:

(a) an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the entity;

(b) an individual who is employed by, or engaged in assisting:

(i) the entity; or

(ii) a staff member of the entity on behalf of the entity or the Commonwealth.

24FB Offence - failure to comply with notice to give information etc.

(1) A person commits an offence if:

(a) the person is required to give information, produce a document or thing or attend an interview in accordance with a notice given to the person under section 24F; and

(b) the person fails to comply with the requirement.

Penalty: 30 penalty units.

(2) Subsection (1) does not apply if it is not reasonably practicable for the person to comply with the requirement.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

24FC Interviews

Conduct of interview

(1) If a person (the interviewee ) is required under section 24F to attend an interview with an investigating Commissioner or review panel, the interview must take place in private.

(2) The Commissioner or panel may conduct the interview in such manner as the Commissioner or panel thinks fit.

(3) Subject to subsection (8), the following are entitled to be present at the interview:

(a) a support person for the interviewee;

(b) a legal practitioner engaged by the interviewee.

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

Support persons

(4) On application by the interviewee, the Commissioner or panel must, in writing, approve a person as a support person for the interviewee if satisfied that the presence of the person at the interview would not prejudice any process, or any action, taken in accordance with Division 3 or 4.

(5) An approval under subsection (4) is not a legislative instrument.

Legal practitioners

(6) If a legal practitioner engaged by the interviewee is present during the interview, the Commissioner or panel must:

(a) allow the interviewee to consult with the legal practitioner in private and provide reasonable facilities for that consultation; and

(b) allow the legal practitioner to give advice to the interviewee.

Directions about conduct that unreasonably interferes with interview

(7) If:

(a) a person mentioned in subsection (3) is present during the interview; and

(b) the Commissioner or panel is of the opinion that the person is engaging in conduct that unreasonably interferes with the interview;

the Commissioner or panel may direct the person to cease engaging in the conduct.

(8) A person who fails to comply with a direction under subsection (7) is no longer entitled to be present during the interview.

24FD Retaining documents and things

(1) This section applies if a document or thing is produced to an investigating Commissioner or review panel under section 24F.

(2) The Commissioner or panel:

(a) may make copies of the document or thing, or take extracts from the document; and

(b) may retain possession of the document or thing for such period as is necessary for the purposes of the performance of the Commissioner's or panel's functions.

(3) While the Commissioner or panel retains the document or thing, the Commissioner or panel must allow a person who would otherwise be entitled to inspect the document or view the thing:

(a) to do so at all reasonable times; and

(b) to copy the document or thing.

(4) Subsection (3) does not apply if:

(a) possession of the document or thing by the person could constitute an offence; or

(b) inspecting or copying the document or thing (as the case requires) would compromise or damage the document or thing; or

(c) the Commissioner or panel is satisfied that allowing the person to inspect the document or view the thing would prejudice the performance of the Commissioner's or panel's functions.

24FE When documents and things must be returned

(1) This section applies if an investigating Commissioner or review panel is satisfied that a document or thing produced to the Commissioner or panel under section 24F is not required (or is no longer required) for the purposes of the performance of the Commissioner's or panel's functions.

(2) The Commissioner or panel must take reasonable steps to return the document or thing to the person from whom it was received, or to the owner if that person is not entitled to possess it.

(3) However, the Commissioner or panel does not have to take those steps if:

(a) possession of the document or thing by the person could constitute an offence; or

(b) the document or thing may otherwise be retained, destroyed or disposed of under a law of the Commonwealth or a State or a Territory, or a court/tribunal order; or

(c) the document or thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

24FF Privilege against self-incrimination and legal professional privilege not abrogated

Self-incrimination

(1) Nothing in this Subdivision affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information or the production of the document might tend to incriminate the person.

Legal professional privilege

(2) Nothing in this Subdivision affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that:

(a) the answer to the question or the information would be privileged from being given on the ground of legal professional privilege; or

(b) the document would be privileged from being produced on the ground of legal professional privilege.

Other legislation not affected

(3) The fact that this section is included in this Subdivision does not imply that the privilege against self-incrimination or legal professional privilege is abrogated in:

(a) any other provision of this Act; or

(b) any other Act.

Subdivision B - Confidentiality notices

24FG Application of Subdivision

This Subdivision applies to information that:

(a) relates to any process, or any action, taken in accordance with Division 3, 4 or 5 in relation to a conduct issue that was or is before the IPSC; and

(b) has not been lawfully made available to the public.

24FH Confidentiality notices

Confidentiality notices

(1) The responsible Commissioner or Commissioners may, by written notice given to a person (the recipient ), impose such conditions on:

(a) the making of a record of the information by the recipient or other persons; and

(b) the disclosure of the information by the recipient or other persons;

as the responsible Commissioner or Commissioners considers appropriate to do any or all of the following:

(c) prevent prejudice to:

(i) any process, or any action, taken in accordance with Division 3, 4 or 5; or

(ii) the fair trial of any person or the impartial adjudication of a matter; or

(iii) the proper enforcement of the law;

(d) protect the identity of:

(i) a complainant, respondent or any other person affected by the conduct issue; or

(ii) any person who has given, or who the responsible Commissioner or Commissioners reasonably believe may give, information to the responsible Commissioner or Commissioners in connection with the conduct issue;

(e) prevent unreasonable detriment to a complainant, respondent or any other person affected by the conduct issue;

(f) prevent the publication of sensitive information.

(2) A notice under subsection (1) must:

(a) set out the effect of sections 24FI (disclosures etc. to which confidentiality notices do not apply) and 24FJ (offence - failure to comply with confidentiality notice); and

(b) specify the period for which a condition is in force.

Period of notice

(3) The period specified in the notice must end:

(a) if paragraph (b) does not apply - no later than the end of the day on which the conduct issue is concluded; or

(b) if the responsible Commissioner or Commissioners are satisfied that it is appropriate for the period to end at a later time in order to do any or all of the things mentioned in paragraphs (1)(c) to (f) - that later time.

(4) For the purposes of paragraph (3)(a), a conduct issue is concluded :

(a) if a decision on the issue is made under section 24CY and an application under section 24DA for review of the decision is made within the period specified in paragraph 24DA(4)(c) - when that application is finally determined; or

(b) if a decision on the issue is made under section 24CY and an application under section 24DA for review of the decision is not made within the period specified in paragraph 24DA(4)(c) - when that period ends; or

(c) otherwise - when the issue is dealt with in accordance with section 24CF.

24FI Disclosures etc. to which confidentiality notices do not apply

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

(a) the making of a record or disclosure:

(i) 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

(ii) that is required by or under, or for the purpose of obtaining advice in relation to, a contract of insurance; or

(iii) 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

(iv) to protect life or safety; or

(b) the making of a disclosure:

(i) to the PWSS for the purpose of a service provided under section 15 (support function) to the recipient; or

(ii) 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

(iii) 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

(iv) to a medical practitioner or psychologist for the purpose of obtaining medical or psychiatric care, treatment or counselling (including psychological counselling); or

(v) by the recipient to a support person for the recipient.

Note: 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).

(2) 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:

(a) the recipient intends to make the disclosure to the person for the purpose of seeking support from the person; and

(b) 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.

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

24FJ Offence - failure to comply with confidentiality notice

A person commits an offence if:

(a) the person engages in conduct; and

(b) the person's conduct breaches a condition under subsection 24FH(1).

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Subdivision C - Secrecy of information

24FK Unauthorised disclosure of information

(1) A person who is or was an entrusted person commits an offence if:

(a) the person (whether directly or indirectly and whether while, or after ceasing to be, an entrusted person):

(i) makes a record of any information; or

(ii) discloses any information; and

(b) the person obtained the information in the course of or for the purposes of:

(i) performing functions or duties, or exercising powers, under this Part; or

(ii) assisting another person to perform functions or duties, or exercise powers, under this Part.

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

(2) Subsection (1) does not apply if the making of the record, or the disclosing of the information, is authorised by sections 24FL to 24FR.

24FL Disclosure etc. for purposes connected with functions and powers

The person may make a record of, or disclose, information (including personal information) if:

(a) the person makes the record, or discloses the information, for purposes connected with the performance or exercise of functions or powers under this Act or another Act; and

(b) the information does not relate to a conduct issue involving conduct that may constitute a serious offence against another person.

Note: A defendant bears an evidential burden in relation to the matter in this section (see subsection 13.3(3) of the Criminal Code).

24FM Disclosure etc. of information relating to serious offences

(1) This section applies if the information relates to a conduct issue involving conduct that may constitute a serious offence against another person (the potential victim ).

(2) The person may make a record of the information (including personal information) for purposes connected with the performance or exercise of functions or powers under this Act or another Act.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(3) The person may disclose the information (including personal information) if the disclosure is:

(a) other than to the Australian Federal Police or the police force or police service of a State or Territory; and

(b) for purposes connected with the performance or exercise of functions or powers under this Act or another Act.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(4) The person may disclose the information (including personal information) to the Australian Federal Police, or the police force or police service of a State or Territory, if any of the following applies:

(a) the potential victim consents to the disclosure;

(b) the disclosure is for the purposes of deciding how to deal with the conduct issue;

(c) the disclosure is required by or under another law of the Commonwealth, a law of a State or a Territory, or a court/tribunal order.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

24FN Disclosure etc. required or authorised by law

(1) The person may make a record of, or disclose, information (including personal information) if the making of the record or the disclosure is required or authorised under this Act or another Act.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(2) To avoid doubt, and without limiting subsection (1), the disclosure of information is authorised under this Act if:

(a) the investigating Commissioner refers a conduct issue to another person in accordance with this Act; and

(b) the information is disclosed as part of the referral; and

(c) the investigating Commissioner is satisfied that the disclosure is necessary to enable the other person to take appropriate action in relation to the issue.

24FO Disclosure etc. to protect life, health or safety

The person may make a record of, or disclose, information (including personal information) if the person reasonably believes that it is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety.

Note: A defendant bears an evidential burden in relation to the matter in this section (see subsection 13.3(3) of the Criminal Code).

24FP Disclosure etc. of publicly available information

The person may make a record of, or disclose, information (including personal information) if the information has already been lawfully made available to the public.

Note: A defendant bears an evidential burden in relation to the matter in this section (see subsection 13.3(3) of the Criminal Code).

24FQ Disclosure etc. to comply with requirement to produce

The person may make a record of, or disclose, information (including personal information) to a court, tribunal, authority or person that has the power to require the production of documents or the answering of questions.

Note: A defendant bears an evidential burden in relation to the matter in this section (see subsection 13.3(3) of the Criminal Code).

24FR Disclosure to employers

Disclosure with consent

(1) The person may disclose information (including personal information) that relates to a conduct complaint or conduct issue referral if:

(a) the disclosure is to the employer of:

(i) the complainant; or

(ii) the respondent for the conduct issue concerned; and

(b) the complainant has consented to the disclosure; and

(c) the disclosure is in accordance with that consent.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Disclosure for work health and safety reasons

(2) The person may disclose information (including personal information) that relates to a conduct complaint or conduct issue referral if:

(a) the disclosure is to the employer of:

(i) the complainant; or

(ii) the respondent for the conduct issue concerned; and

(b) the person is satisfied that the information is relevant to a duty or obligation of the employer under a work health and safety law.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Division 7 - Public statements

24G Public statements to afford fairness

(1) This section applies if:

(a) a conduct issue was or is before the IPSC; and

(b) any matter relating to the issue is already publicly available.

(2) The responsible Commissioner or Commissioners may publish a statement containing information about the conduct issue if they are satisfied that doing so:

(a) would afford fairness to any person; or

(b) is otherwise necessary to correct erroneous reporting.

(3) This section has effect subject to section 24GC (requirements for including identifying information in IPSC public statements).

24GA Public statements about parliamentarians

(1) This section applies if, in relation to a conduct issue that was or is before the IPSC:

(a) a parliamentarian decision panel imposes a sanction on a parliamentarian, and another parliamentarian decision panel has previously made a finding that the parliamentarian has engaged in relevant conduct; or

(b) a parliamentarian decision panel imposes a sanction on a parliamentarian and the parliamentarian fails to comply with the sanction.

(2) The responsible Commissioner or Commissioners may publish a statement containing information about the conduct issue, which must include the identity of the parliamentarian.

(3) However, before doing so, the responsible Commissioner or Commissioners must give the parliamentarian a written notice stating that they are proposing to publish the statement.

(4) This section has effect subject to section 24GC (requirements for including identifying information in IPSC public statements).

24GB Content and detail in IPSC public statements

The content and level of detail to be included in an IPSC public statement are to be determined by the responsible Commissioner or Commissioners concerned.

24GC Requirements for including identifying information in IPSC public statements

Notice of proposal to include identifying information - other than for respondent parliamentarians

(1) Before including identifying information in an IPSC public statement, the responsible Commissioner or Commissioners must give the person concerned a written notice stating that they are proposing to include the information in the statement.

(2) Subsection (1) does not apply if:

(a) the statement is published under section 24GA (public statements about parliamentarians); and

(b) the identifying information relates to the parliamentarian whose conduct is the subject of the statement.

Requirement to consult on proposal to include identifying information

(3) The written notice must also invite the person to:

(a) make submissions to the responsible Commissioner or Commissioners in relation to the proposal; and

(b) do so within the period specified in the notice, which must be a reasonable period.

(4) If the person makes the submissions, the responsible Commissioner or Commissioners must:

(a) have regard to the submissions in deciding whether or not to include the identifying information; and

(b) give the person written notice of their decision.

Division 8 - Protections and immunities

24H Meaning of protected disclosure

A person makes a protected disclosure if:

(a) the person makes a conduct complaint; or

(b) the person makes a conduct issue referral; or

(c) the person gives information about a conduct issue to the IPSC, a Commissioner or the CEO; or

(d) the person gives information to a parliamentarian and either:

(i) the parliamentarian uses the information to make a conduct issue referral; or

(ii) the person does so with the intention that the parliamentarian will use the information to make a conduct issue referral (whether or not the conduct issue referral is actually made); or

(e) the person gives information, or produces a document or thing, to a Commissioner or review panel:

(i) under section 24F; or

(ii) in compliance with a request made by the Commissioner or panel.

24HA Offences - causing detriment in relation to protected disclosures

Causing detriment to another person

(1) A person (the first person ) commits an offence in relation to another person (the second person ) if:

(a) the first person engages in conduct; and

(b) engaging in the conduct results in detriment to the second person; and

(c) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:

(i) has made a protected disclosure; or

(ii) may have made a protected disclosure; or

(iii) proposes to make a protected disclosure; or

(iv) could make a protected disclosure; and

(d) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Threatening to cause detriment to another person

(2) A person (the first person ) commits an offence in relation to another person (the second person ) if:

(a) the first person engages in conduct; and

(b) engaging in the conduct consists of, or results in, a threat to cause detriment to the second person; and

(c) the first person is reckless as to whether the second person fears that the threat will be carried out; and

(d) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:

(i) has made a protected disclosure; or

(ii) may have made a protected disclosure; or

(iii) proposes to make a protected disclosure; or

(iv) could make a protected disclosure; and

(e) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(3) Subsection (2) applies whether or not the threat mentioned in paragraph (2)(b) is:

(a) express or implied; or

(b) conditional or unconditional.

Exception - reasonable administrative action

(4) Subsections (1) and (2) do not apply if the conduct engaged in by the first person is administrative action that is reasonable to protect the second person from detriment.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

No requirement to prove matters related to protected disclosure

(5) In a prosecution for an offence against this section, it is not necessary to prove that any person:

(a) has made a protected disclosure; or

(b) may have made a protected disclosure; or

(c) proposes to make a protected disclosure; or

(d) could make a protected disclosure.

Note 1: For actions that constitute detriment , see the definition of that term in section 5.

Note 2: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness (see subsection 5.4(4) of the Criminal Code).

24HB Immunity from liability for protected disclosures

(1) If a person makes a protected disclosure:

(a) the person is not subject to any civil, criminal or administrative liability (including disciplinary action) for making the disclosure; and

(b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.

(2) Without limiting subsection (1):

(a) the person has absolute privilege in proceedings for defamation in respect of the disclosure; and

(b) a contract to which the person is a party must not be terminated on the basis that the disclosure constitutes a breach of the contract.

(3) Subsection (1) does not prevent the making of the disclosure from giving rise to a conduct issue.

24HC Liability for false or misleading disclosures unaffected

(1) Section 24HB does not apply to civil, criminal or administrative liability (including disciplinary action) for knowingly making a disclosure that is false or misleading.

(2) Without limiting subsection (1), section 24HB does not apply to liability for:

(a) an offence against section 137.1 or 137.2 of the Criminal Code (about false or misleading information or documents) that relates to the disclosure; or

(b) an offence against section 144.1 or 145.1 of the Criminal Code (about forgery) that relates to the disclosure.

24HD Person's liability for own conduct not affected

To avoid doubt, whether a person's disclosure of their own conduct is a protected disclosure does not affect the person's liability for the conduct.

24HE Claims for protection

(1) If, in civil or criminal proceedings (the primary proceedings ) instituted against a person in a court, the person makes a claim (relevant to the proceedings) that, because of section 24HB, the person is not subject to any civil, criminal or administrative liability for making a particular disclosure:

(a) the person bears the onus of adducing or pointing to evidence that suggests a reasonable possibility that the claim is made out; and

(b) if the person discharges that onus - the party instituting the primary proceedings against the person bears the onus of proving that the claim is not made out; and

(c) the court must deal with the claim in separate proceedings; and

(d) the court must adjourn the primary proceedings until the claim has been dealt with; and

(e) none of the following:

(i) any admission made by the person in the separate proceedings;

(ii) any information given by the person in the separate proceedings;

(iii) any other evidence adduced by the person in the separate proceedings;

is admissible in evidence against the person except in proceedings in respect of the falsity of the admission, information or evidence; and

(f) if the person or another person gives evidence in the separate proceedings in support of the claim - giving that evidence does not amount to a waiver of privilege for the purposes of the primary proceedings or any other proceedings.

(2) To avoid doubt, a right under section 126K of the Evidence Act 1995 not to be compelled to give evidence is a privilege for the purposes of paragraph (1)(f) of this section.

24HF Protection has effect despite other Commonwealth laws

Section 24HB has effect despite any other provision of a law of the Commonwealth, unless:

(a) the provision is enacted after the commencement of this section; and

(b) the provision is expressed to have effect despite this Division or section 24HB.

Part 2B - Application of the finance law

24J Simplified outline of this Part

This Part deals with the application of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013).

24K Application of the finance law

For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

(a) the following combination of bodies is a listed entity:

(i) the PWSS;

(ii) the IPSC; and

(b) the listed entity is to be known as the Parliamentary Workplace Support Service; and

(c) the CEO is the accountable authority of the listed entity; and

(d) the following persons are officials of the listed entity:

(i) the CEO;

(ii) the Commissioners;

(iii) the staff of the PWSS referred to in section 38;

(iv) persons whose services are made available to the PWSS under section 39; and

(e) the purposes of the listed entity include:

(i) the functions of the PWSS referred to in section 13; and

(ii) the functions of the IPSC referred to in section 24BA; and

(iii) the functions of the CEO referred to in section 27; and

(iv) the functions of the Commissioners referred to in section 36C.