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

Schedule 1   Amendments

Part 1   Amendments commencing day after Royal Assent

Parliamentary Workplace Support Service Act 2023

3   After Part 6

Insert:

Part 6A - Parliamentary Joint Committee on Parliamentary Standards

59A Simplified outline of this Part

This Part provides for the Parliamentary Joint Committee on Parliamentary Standards.

The Parliamentary Joint Committee is to be appointed as soon as practicable after the commencement of the first session of each Parliament.

The functions of the Parliamentary Joint Committee include:

(a) considering proposed recommendations for the appointment of Commissioners; and

(b) reviewing the operation and effectiveness of each Behaviour Code; and

(c) monitoring and reviewing the performance by the Commissioners of their functions; and

(d) reporting to both Houses of the Parliament on any matter connected with the performance of the functions of the IPSC or the Commissioners.

59B Parliamentary Joint Committee on Parliamentary Standards

(1) As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Joint Committee on Parliamentary Standards, is to be appointed according to the practice of the Parliament.

(2) The Parliamentary Joint Committee is to consist of 12 members, being:

(a) 6 members of the Privileges Committee of the Senate appointed by the Senate; and

(b) 6 members of the Privileges Committee of the House of Representatives appointed by that House.

(3) The 6 members appointed by each of the Senate and the House of Representatives must consist of the following:

(a) 3 members of the Government;

(b) 2 members of the Opposition;

(c) 1 member of the Parliament who is a member of neither the Government nor the Opposition.

59C Chair of the Parliamentary Joint Committee

Office of Chair of the Parliamentary Joint Committee

(1) There must be a Chair of the Parliamentary Joint Committee, who must be a member of the Government elected by the members of the Parliamentary Joint Committee from time to time.

(2) The Chair holds office during the pleasure of the Parliamentary Joint Committee.

(3) A person holding office as Chair ceases to hold the office if the person:

(a) ceases to be a member of the Parliamentary Joint Committee; or

(b) resigns the office.

(4) A person holding office as Chair may resign the office by giving a signed notice of resignation to a meeting of the Parliamentary Joint Committee.

Votes of the Chair

(5) At meetings of the Parliamentary Joint Committee at which the Chair is present, the Chair:

(a) has a deliberative vote; and

(b) has a casting vote if votes are equal.

59CA Deputy Chair of the Parliamentary Joint Committee

(1) There must be a Deputy Chair of the Parliamentary Joint Committee, who must be a member of the Opposition elected by the members of the Parliamentary Joint Committee from time to time.

(2) The Deputy Chair holds office during the pleasure of the Parliamentary Joint Committee.

(3) A person holding office as Deputy Chair ceases to hold the office if the person:

(a) ceases to be a member of the Parliamentary Joint Committee; or

(b) resigns the office.

(4) A person holding office as Deputy Chair may resign the office by giving a signed notice of resignation to a meeting of the Parliamentary Joint Committee.

59D Eligibility for appointment as a Parliamentary Joint Committee member

A member of the Parliament is not eligible for appointment as a member of the Parliamentary Joint Committee if the member is:

(a) a Minister; or

(b) the President of the Senate; or

(c) the Speaker of the House of Representatives; or

(d) the Deputy President and Chair of Committees of the Senate; or

(e) the Deputy Speaker of the House of Representatives.

59E Terms of office of Parliamentary Joint Committee members

(1) A member of the Parliamentary Joint Committee holds office during the pleasure of the House of the Parliament by which the member was appointed.

(2) A person ceases to hold office as a member of the Parliamentary Joint Committee if:

(a) the House of Representatives expires by the passing of time or is dissolved; or

(b) the person becomes the holder of an office specified in any of the paragraphs of section 59D; or

(c) the person ceases to be a member of the House of the Parliament by which the person was appointed; or

(ca) the person ceases to be a member of the Privileges Committee of the House of the Parliament by which the person was appointed; or

(d) the person resigns the person's office as provided by subsection (3) of this section.

(3) A member of the Parliamentary Joint Committee appointed by a House of the Parliament may resign the member's office by giving the Presiding Officer of that House a written resignation.

(4) A House of the Parliament may appoint a member of its Privileges Committee to fill a vacancy among the members of the Parliamentary Joint Committee appointed by that House.

59F Powers and proceedings of the Parliamentary Joint Committee

All matters relating to the powers and proceedings of the Parliamentary Joint Committee are to be determined by resolution of both Houses of the Parliament.

59G Functions of the Parliamentary Joint Committee

(1) The Parliamentary Joint Committee has the following functions:

(a) to consider, in accordance with section 59H, proposed recommendations for the appointment of Commissioners;

(b) to review, in accordance with section 59J, each Behaviour Code;

(c) to monitor and review the performance by the Commissioners of their functions;

(d) to report to both Houses of the Parliament, with such comments as it thinks fit, on any matter connected with the performance of the functions of the IPSC or the Commissioners that the Parliamentary Joint Committee considers should be directed to the attention of the Parliament;

(e) to examine and report to the Parliament on any matter relating to the IPSC appearing in, or arising out of, a report prepared under subsection 22(2);

(f) to inquire into any question in connection with the Parliamentary Joint Committee's functions that is referred to it by either House of the Parliament, and to report to that House on that question;

(g) other functions as are conferred on the Parliamentary Joint Committee by resolution of both Houses of the Parliament.

(2) Subsection (1) does not authorise the Parliamentary Joint Committee to:

(a) direct the activities of the IPSC, a Commissioner or a panel of Commissioners; or

(b) investigate a conduct issue; or

(c) reconsider a decision made by the decision-maker for a conduct issue; or

(d) review an investigation into a conduct issue that has not been completed; or

(e) give or seek advice or information about, or in relation to, a particular person or conduct issue.

59H Parliamentary Joint Committee must approve or reject recommendation for appointment

(1) The Parliamentary Joint Committee must approve or reject a proposed recommendation, referred to the Parliamentary Joint Committee by the Minister, for the appointment of a Commissioner.

(2) The Parliamentary Joint Committee must make the decision on the proposed recommendation within:

(a) 14 calendar days after the referral; or

(b) if, within the first 14 calendar days after the referral, the Parliamentary Joint Committee notifies the Minister that it requires additional time to consider the referral - 44 calendar days after the referral.

(3) As soon as practicable after making the decision, the Parliamentary Joint Committee must:

(a) give the Minister notice of the decision; and

(b) report the decision to both Houses of the Parliament.

(4) The Parliamentary Joint Committee is taken to have approved the proposed recommendation if it does not give notice under paragraph (3)(a) within the period specified in paragraph 2(a) or (b), as the case requires.

59J Review of Behaviour Codes

(1) The Parliamentary Joint Committee:

(a) must commence a review under this section within one year after the commencement of the first session of each Parliament that commences after the commencement of this section; and

(b) may, if the Committee resolves to do so, commence a review under this section at any other time.

(2) A review under this section must consider the operation and effectiveness of each Behaviour Code.

(3) The Parliamentary Joint Committee must report the Committee's findings of a review under this section to both Houses of the Parliament as soon as practicable after completing the review.