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
45 After Part 3
Insert:
Part 3A - Commissioners of the IPSC
Division 1 - Introduction
36A Simplified outline of this Part
There is to be:
(a) a Chair Commissioner of the IPSC; and
(b) at least 6, and not more than 8, other Commissioners of the IPSC.
The Commissioners' functions include:
(a) dealing with conduct issues in accordance with Divisions 3 to 6 of Part 2A; and
(b) preparing and publishing IPSC public statements in accordance with Division 7 of Part 2A.
Commissioners are to be appointed by the Governor-General.
Division 2 - Establishment and functions of Commissioners
36B Commissioners
(1) There is to be:
(a) a Chair Commissioner of the IPSC; and
(b) at least 6, and not more than 8, other Commissioners of the IPSC.
(2) At least 4 Commissioners must be women.
36C Functions of the Commissioners
A Commissioner has the following functions:
(a) to deal with conduct issues in accordance with Divisions 3 to 6 of Part 2A;
(b) to prepare and publish IPSC public statements in accordance with Division 7 of Part 2A;
(c) such other functions as are conferred on a Commissioner 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.
36D Independence of the Commissioners
Subject to this Act and other laws of the Commonwealth, a Commissioner:
(a) has discretion in the performance or exercise of the functions or powers of a Commissioner; and
(b) is not subject to direction by any person in relation to the performance or exercise of those functions or powers.
Division 3 - Appointment of Commissioners
36E Appointment of Commissioners
Appointment by Governor-General
(1) A Commissioner (including the Chair Commissioner) is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister.
Qualification for appointment
(2) A person must not be appointed as a Commissioner unless the Minister is satisfied that:
(a) the selection of the person for the appointment is the result of a process that:
(i) was merit-based; and
(ii) included public advertising of the position; and
(b) one or more of the following apply:
(i) the person is enrolled as a legal practitioner and has been so enrolled for a period of 5 years;
(ii) the person is a former Commonwealth judicial officer;
(iii) the person is a former judge of the Supreme Court of a State or Territory;
(iv) the person has skills, knowledge or experience in investigating workplace misconduct.
(3) Before the Minister makes a recommendation to the Governor-General:
(a) the Minister must have referred the proposed recommendation to the Parliamentary Joint Committee under section 59H; and
(b) one of the following must have occurred:
(i) the Parliamentary Joint Committee is taken to have approved the proposed recommendation under subsection 59H(4);
(ii) the Parliamentary Joint Committee has notified the Minister that it has decided to approve the proposed recommendation.
(4) A person must not be appointed as a Commissioner (including as the Chair Commissioner) if the person has previously been appointed as the Chair Commissioner.
Period of appointment
(5) A Commissioner (including the Chair Commissioner) holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(6) A Commissioner (other than the Chair Commissioner) may be reappointed (other than as the Chair Commissioner) on one occasion after the Commissioner's first appointment.
(7) A Commissioner (other than the Chair Commissioner) may be reappointed as the Chair Commissioner.
Basis of appointment
(8) A Commissioner (including the Chair Commissioner) holds office on a part-time basis.
36F Acting Commissioners
(1) The Minister may, by written instrument, appoint a person to act as a Commissioner:
(a) during a vacancy in the office of a Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when a Commissioner:
(i) is absent from duty or Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
(2) A person must not be appointed to act as a Commissioner unless the Minister is satisfied that the person is qualified, as mentioned under paragraph 36E(2)(b), to be appointed as a Commissioner.
(3) Despite subsections 36E(4), (6) and (7), a person may be appointed to act as a Commissioner (including as the Chair Commissioner) if the person has previously been appointed as a Commissioner (including as the Chair Commissioner).
Division 4 - Terms and conditions for Commissioners
36G Training requirements
(1) Subject to subsection (2), a Commissioner must, as soon as practicable after being appointed as a Commissioner, complete:
(a) a course of training relating to trauma awareness; and
(b) a course of training relating to gender-based violence; and
(c) any other courses of training prescribed by the PWSS rules.
(2) Subsection (1) does not apply to an acting Commissioner who has completed the courses of training mentioned in that subsection within the period of 2 years before their appointment as an acting Commissioner.
36H Remuneration of Commissioners
(1) A Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a Commissioner is to be paid the remuneration that is prescribed by the PWSS rules.
(2) A Commissioner is to be paid the allowances that are prescribed by the PWSS rules.
(3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.
36J Leave of absence
(1) The Minister may grant leave of absence to the Chair Commissioner on the terms and conditions that the Minister determines.
(2) The Chair Commissioner may grant leave of absence to another Commissioner on the terms and conditions that the Chair Commissioner determines.
36K Resignation
(1) A Commissioner may resign the Commissioner's appointment by giving the Governor-General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.
36L Termination of appointment
(1) The Governor-General may terminate the appointment of a Commissioner if each House of the Parliament, in the same session of the Parliament, presents an address to the Governor-General praying for the removal of the Commissioner on one of the following grounds:
(a) misbehaviour;
(b) the Commissioner is unable to perform the duties of the Commissioner's office because of physical or mental incapacity.
(2) The Governor-General must terminate the appointment of a Commissioner if the Commissioner:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with the Commissioner's creditors; or
(d) makes an assignment of the Commissioner's remuneration for the benefit of the Commissioner's creditors.