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

Schedule 1   Amendments

Part 2   Amendments commencing on Proclamation

Members of Parliament (Staff) Act 1984

13   At the end of Part III

Add:

20 Employment actions following IPSC recommendation

(1) This section applies if, under the Parliamentary Workplace Support Service Act 2023:

(a) a Commissioner of the IPSC decides to recommend that the employing individual for a person employed under this Act take any of the following actions in relation to the person:

(i) give the person a written reprimand;

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

(iii) require the person to enter into an agreement with the employing individual about the person's future behaviour;

(iv) re-assign the person's duties;

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

(vi) terminate the person's employment; and

(b) the decision is in operation.

(2) The action must be taken by:

(a) if paragraph (b) does not apply - the employing individual; or

(b) if the CEO is exercising the powers of an employer under subsection 15(5) in relation to the person - the CEO.

Note 1: The employing individual is the parliamentarian or office-holder who employed the person on behalf of the Commonwealth (see the definition of employing individual in section 3).

Note 2: Additional rules or procedures to be followed in taking these actions may be set out in:

(a) the agreement for the employment of the person; or

(b) fair work instruments (within the meaning of the Fair Work Act 2009); or

(c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act.

(3) Subsection 15(6) (CEO may not exercise power to terminate) does not apply if:

(a) the action is to terminate the person's employment; and

(b) the action must be taken by the CEO because of paragraph (2)(b) of this section.

(4) To avoid doubt, if the action is to terminate the person's employment, section 16 (termination by notice) does not apply in relation to the termination.

(5) The employing individual or the CEO must inform the IPSC as soon as practicable after taking an action under subsection (2).

(6) This section does not limit the actions that an employing individual for a person employed under this Act or the CEO may take in relation to the person's employment.