PARLIAMENTARY WORKPLACE SUPPORT SERVICE BILL 2023

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Contents

Part 1

Preliminary

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Objects of this Act ............................................................................. 2

Simplified outline of this Act ............................................................ 2

Definitions ......................................................................................... 3

Meaning of parliamentarian ............................................................... 6

Vacancy in the office of a member of the PWSS Advisory

Board ................................................................................................. 7

Crown to be bound ............................................................................ 8

Extension to external Territories ....................................................... 8

Extra-territorial operation .................................................................. 8

Part 2

Parliamentary Workplace Support Service

Division 1

Simplified outline of this Part

Simplified outline of this Part ............................................................ 9

Division 2

Establishment and functions of the PWSS

Parliamentary Workplace Support Service ...................................... 10

Functions of the PWSS .................................................................... 10

Human resources functions ............................................................. 11

Support function .............................................................................. 12

Complaint resolution function ......................................................... 13

Policy development function ........................................................... 15

Education and training functions ..................................................... 16

Review function .............................................................................. 17

Independence of the PWSS ............................................................. 19

PWSS has privileges and immunities of the Crown ........................ 20

Division 3

Reports by the PWSS

Reports by the PWSS ...................................................................... 21

Division 4

Taking action against parliamentarians for certain

non-compliance

Including details of certain non-compliance by

parliamentarians in a public report .................................................. 23

Notifying parliamentary Leaders of certain non-compliance........... 24

Part 3

Chief Executive Officer of the PWSS

Division 1

Introduction

Simplified outline of this Part .......................................................... 26

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Division 2

Establishment and functions of the CEO

Chief Executive Officer ................................................................... 27

Functions of the CEO ...................................................................... 27

Independence of the CEO ................................................................ 27

Division 3

Appointment of the CEO

Appointment of CEO ....................................................................... 28

Appointment of acting CEO ............................................................ 28

Division 4

Terms and conditions for the CEO

Remuneration of the CEO ............................................................... 30

Leave of absence of the CEO .......................................................... 30

Other employment of the CEO ........................................................ 30

Resignation of the CEO ................................................................... 30

Termination of appointment of the CEO ......................................... 31

Other terms and conditions of the CEO ........................................... 32

Part 4

Staff of the PWSS etc.

Simplified outline of this Part .......................................................... 33

Staff ................................................................................................. 33

Persons assisting the PWSS ............................................................. 33

Consultants ...................................................................................... 34

Part 5

PWSS Advisory Board

Division 1

Introduction

Simplified outline of this Part .......................................................... 35

Division 2

Establishment and functions of the PWSS Advisory

Board

Parliamentary Workplace Support Service Advisory Board ............ 36

Functions of the PWSS Advisory Board ......................................... 36

PWSS Advisory Board must approve or reject certain

proposals .......................................................................................... 37

Division 3

Membership of the PWSS Advisory Board

Membership of the PWSS Advisory Board ..................................... 38

Appointment of members of the PWSS Advisory Board ................ 38

Period of appointment for members of the PWSS Advisory

Board ............................................................................................... 39

Acting members of the PWSS Advisory Board ............................... 39

Division 4

Terms and conditions for members of the PWSS

Advisory Board

Remuneration .................................................................................. 41

No. , 2023

Parliamentary Workplace Support Service Bill 2023

iii

Disclosure of interests ..................................................................... 41

Leave of absence ............................................................................. 42

Resignation ...................................................................................... 42

Termination of appointment ............................................................ 42

Other terms and conditions .............................................................. 43

Division 5

PWSS Advisory Board procedures

PWSS Advisory Board procedures .................................................. 44

Part 6

PWSS Consultative Committee

Simplified outline of this Part .......................................................... 45

Parliamentary Workplace Support Service Consultative

Committee ....................................................................................... 45

Functions of the PWSS Consultative Committee ............................ 45

Membership of the PWSS Consultative Committee etc. ................. 46

Part 7

Information sharing

Division 1

Introduction

Simplified outline of this Part .......................................................... 49

Division 2

Information sharing between the PWSS and other

Commonwealth entities etc.

Information sharing between the PWSS and other

Commonwealth entities etc.............................................................. 50

Giving information to PWSS for certain reports ............................. 51

CEO may make arrangements for sharing information ................... 52

Division 3

Requesting information from parliamentarians and

MOPS employees

Requesting information from parliamentarians ............................... 54

Requesting information from MOPS employees ............................. 55

Part 8

Miscellaneous

Simplified outline of this Part .......................................................... 56

Effect of this Act on parliamentary privileges and

immunities ....................................................................................... 56

Review of operation of this Act ....................................................... 56

PWSS rules ...................................................................................... 56

No. , 2023

Parliamentary Workplace Support Service Bill 2023

A Bill for an Act to establish the Parliamentary

Workplace Support Service, and for related

purposes

The Parliament of Australia enacts:

Part

1--Preliminary

1 Short title

This Act is the

Parliamentary Workplace Support Service Act

2023

Part 1

Preliminary

Section 2

Parliamentary Workplace Support Service Bill 2023

No. , 2023

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of

this Act

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

the day this Act receives the Royal Assent,

they commence on the first day of the first

calendar month to start after the end of that

period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Objects of this Act

The objects of this Act are:

(a) to support safe and respectful workplaces for

parliamentarians, MOPS employees and other

Commonwealth parliamentary workplace participants; and

(b) to support positive cultural change in those workplaces; and

parliamentarians and MOPS employees.

4 Simplified outline of this Act

This Act establishes the Parliamentary Workplace Support Service.

Preliminary

Part 1

Section 5

No. , 2023

Parliamentary Workplace Support Service Bill 2023

The functions of the PWSS include:

(a) its human resources functions; and

(b) its support function; and

(d) its policy development function; and

(e) its education and training functions; and

(f) its review function; and

(g) to monitor, review and evaluate certain matters; and

(h) to prepare and publish reports.

Parliamentarians must comply with certain training requirements,

consultation requirements and requests for information under this

Act. A failure to comply may result in details of the

non-compliance being published in a public report.

The PWSS has a Chief Executive Officer who is responsible for its

management and for ensuring it performs its functions.

This Act also establishes:

(a) the Parliamentary Workplace Support Service Advisory

Board, to advise the CEO on matters relevant to the

PWSS or CEO; and

(b) the Parliamentary Workplace Support Service

Consultative Committee, to enable parliamentarians and

MOPS employees to be consulted on matters relevant to

the PWSS.

5 Definitions

In this Act:

CEO

means the Chief Executive Officer of the Parliamentary

Workplace Support Service.

Commonwealth entity

has the same meaning as in the

Public

Governance, Performance and Accountability Act 2013

Commonwealth judicial officer

means:

Part 1

Preliminary

Section 5

Parliamentary Workplace Support Service Bill 2023

No. , 2023

(a) a Justice of the High Court; or

(b) a judge or justice of a court created by the Parliament.

Commonwealth parliamentary workplace

means:

(a) a place in the precincts (within the meaning of the

Parliamentary Precincts Act 1988

); or

(b) premises provided or paid for under the

Parliamentary

Business Resources Act 2017

; or

workplace participant performs duties as a Commonwealth

parliamentary workplace participant

Commonwealth parliamentary workplace participant

means:

(a) a core participant; or

(b) a non-core participant.

core participant

means:

(a) a parliamentarian; or

(b) a MOPS employee; or

(d) an APS employee whose predominant place of work as an

APS employee is a place covered by paragraph (a) or (b) of

the definition of

Commonwealth parliamentary workplace

in this section; or

(e) a person employed by the Commonwealth as a driver to

provide the car-with-driver transport service known as

COMCAR, to the

extent the person's duties relate to

parliamentarians; or

(f) a designated worker.

Note:

APS employee

is defined in the

Acts Interpretation Act 1901

designated worker

means a worker (within the meaning of the

Work Health and Safety Act 2011

) who:

(a) carries out work in any capacity for a business or undertaking

of the Commonwealth constituted by the provision of support

to a parliamentarian; and

(b) carries out the work mentioned in paragraph (a)

predominantly at a place covered by paragraph (a) or (b) of

Preliminary

Part 1

Section 5

No. , 2023

Parliamentary Workplace Support Service Bill 2023

the definition of

Commonwealth parliamentary workplace

in this section; and

Service employee, APS employee or a person covered by

paragraph (e) of the definition of

core participant

in this

section.

election period

: see subsection 6(3).

independent member

means a member of the PWSS Consultative

Committee who is not a parliamentarian or a MOPS employee.

mandatory education or training program

: see

paragraph 18(2)(a).

mandatory policy or procedure

: see subsection 17(3).

member

of the PWSS Advisory Board includes the Chair of the

PWSS Advisory Board.

MOPS employee

means a person who is employed under the

Members of Parliament (Staff) Act 1984

non-core participant

means a person, other than a core participant,

who performs work (whether or not paid work) predominantly at a

place covered by paragraph (a) or (b) of the definition of

Commonwealth parliamentary workplace

in this section.

paid work

means work for financial gain or reward (whether as an

employee, a self-employed person or otherwise).

parliamentarian

: see section 6.

Parliamentary party

means a political party (within the meaning of

the

Commonwealth Electoral Act 1918

) at least one member of

which is a member of the Parliament of the Commonwealth.

Parliamentary Service employee

has the same meaning as in the

Parliamentary Service Act 1999

personal information

has the same meaning as in the

Privacy Act

1988

Part 1

Preliminary

Section 6

Parliamentary Workplace Support Service Bill 2023

No. , 2023

public report

means a report under section 22 that is published by

the PWSS on its website.

PWSS

means the Parliamentary Workplace Support Service

established by section 12.

PWSS Advisory Board

means the Parliamentary Workplace

Support Service Advisory Board established by section 42.

PWSS Consultative Committee

means the Parliamentary

Workplace Support Service Consultative Committee established by

section 57.

PWSS

rules

means rules made under section 69.

relevant conduct

is conduct engaged in by a person that consists of

any of the following:

(a) sexual assault;

(b) assault;

(d) harassment;

(e) another person being bullied at work (within the meaning of

the

Fair Work Act 2009

);

(f) unreasonable behaviour towards another person that creates a

risk to work health or safety;

(g) conduct that breaches a code of conduct, or a part of a code

of conduct, that is prescribed by the PWSS rules.

staff of the PWSS

means the staff described in section 38.

vacancy

, in relation to the office of a member of the PWSS

Advisory Board, has a meaning affected by section 7.

6 Meaning of parliamentarian

(1) For the purposes of this Act,

parliamentarian

means:

(a) a senator; or

(b) a member of the House of Representatives; or

House of Representatives; or

Preliminary

Part 1

Section 7

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(d) a person who is taken to be the President of the Senate under

the

Parliamentary Presiding Officers Act 1965

and who is

not a senator or member of the House of Representatives; or

(e) a person who is taken to be the Speaker of the House of

Representatives under the

Parliamentary Presiding Officers

Act 1965

and who is not a senator or member of the House of

Representatives; or

(f) a person not covered by any of paragraphs (a) to (e) or (g)

who is covered by subsection (2) at a particular time; or

(g) a person not covered by any of paragraphs (a) to (f) who held

the office of Prime Minister.

(2) A person is covered by this subsection at a particular time if:

(a) the person was a senator or member of the House of

Representatives immediately before an election period; and

(b) the person is a candidate at the election to which the election

period relates; and

(3) In this section:

election period

, in relation to an election (within the meaning of

the

Commonwealth Electoral Act 1918

), means the period:

(a) commencing on the day of issue of the writ for the election;

and

(b) ending on the day of the declaration of the poll in the

election.

7 Vacancy in the office of a member of the PWSS Advisory Board

For the purposes of a reference in:

(a) this Act to a vacancy in the office of a member of the PWSS

Advisory Board; or

(b) the

Acts Interpretation Act 1901

to a vacancy in the

membership of a body;

there are taken to be 4 offices of members of the PWSS Advisory

Board in addition to the Chair of the PWSS Advisory Board.

Part 1

Preliminary

Section 8

Parliamentary Workplace Support Service Bill 2023

No. , 2023

8 Crown to be bound

This Act binds the Crown in right of the Commonwealth.

9 Extension to external Territories

This Act extends to every external Territory.

10 Extra-territorial operation

This Act extends to acts, omissions, matters and things outside

Australia, whether or not in a foreign country.

Parliamentary Workplace Support Service

Part 2

Simplified outline of this Part

Division 1

Section 11

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Part

2--Parliamentary Workplace Support Service

Division

1--Simplified outline of this Part

11 Simplified outline of this Part

This Part establishes the Parliamentary Workplace Support

Service.

The functions of the PWSS include:

(a) its human resources functions; and

(b) its support function; and

(d) its policy development function; and

(e) its education and training functions; and

(f) its review function; and

(g) to monitor, review and evaluate certain matters; and

(h) to prepare and publish reports.

The PWSS may prepare reports about matters relating to the

functions of the PWSS or CEO. The PWSS must prepare a report

each financial year about certain matters, including:

(a) gender and diversity characteristics of parliamentarians

and MOPS employees; and

(b) gender equality in relation to remuneration for

parliamentarians and MOPS employees; and

(d) the prevention of, and responses to, relevant conduct.

Parliamentarians must comply with certain training requirements,

consultation requirements and requests for information under this

Act. A failure to comply may result in details of the

non-compliance being published in a public report.

Part 2

Parliamentary Workplace Support Service

Division 2

Establishment and functions of the PWSS

Section 12

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Division

2--Establishment and functions of the PWSS

12 Parliamentary Workplace Support Service

(1) The Parliamentary Workplace Support Service is established by

this section.

Note 1:

The PWSS does not have a legal identity separate from the

Commonwealth.

Note 2:

In this Act,

PWSS

means the Parliamentary Workplace Support

Service

see section 5.

(2) The PWSS consists of:

(a) the CEO; and

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

under section 39.

(3) For the purposes of the finance law (within the meaning of the

Public Governance, Performance and Accountability Act 2013

(a) the PWSS is a listed entity; and

(b) the CEO is the accountable authority of the PWSS; and

PWSS; and

(d) the purposes of the PWSS include:

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

(ii) the functions of the CEO referred to in section 27.

13 Functions of the PWSS

The PWSS has the following functions:

(a) its human resources functions (under section 14);

(b) its support function (under section 15);

(d) its policy development function (under section 17);

(e) its education and training functions (under section 18);

(f) its review function (under section 19);

Parliamentary Workplace Support Service

Part 2

Establishment and functions of the PWSS

Division 2

Section 14

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(g) to monitor, review and evaluate:

(i) the matters covered by paragraphs 22(2)(a) to (f); and

(ii) other matters relating to any of its other functions;

(h) to prepare and publish reports as mentioned in Division 3;

(i) to make resources and facilities available to the PWSS

Advisory Board and the PWSS Consultative Committee;

(j)

to assist the CEO in the performance of the CEO's functions;

(k) such other functions as are conferred on the PWSS by this

Act or by any other law of the Commonwealth;

(l) to do anything incidental to, or conducive to, the

performance of the above functions.

Note:

This subsection does not prevent another Commonwealth entity from

performing a function that falls within the functions of the PWSS

(including its human resources functions).

14 Human resources functions

The PWSS has the following human resources functions:

(a) to advise and assist current and former

parliamentarians in

connection with their employment of MOPS employees, or

their engagement of designated workers;

(b) to advise and assist current and former

parliamentarians in

connection with their obligations under:

(i) policies and procedures determined by the PWSS under

section 17; and

(ii) codes of conduct relating to parliamentarians that are

prescribed by the PWSS rules;

connection with their employment as MOPS employees,

including in connection with their obligations under:

(i) policies and procedures determined by the PWSS under

section 17; and

(ii) codes of conduct relating to MOPS employees that are

prescribed by the PWSS rules;

(d) to advise and assist current and former designated workers in

connection with their engagement as designated workers,

Part 2

Parliamentary Workplace Support Service

Division 2

Establishment and functions of the PWSS

Section 15

Parliamentary Workplace Support Service Bill 2023

No. , 2023

including in connection with their obligations under policies

and procedures determined by the PWSS under section 17;

(e) without limiting paragraphs (a), (b), (c) and (d)

to provide

human resources services to parliamentarians, MOPS

employees and designated workers

in connection with the

following:

(i) the employment of MOPS employees;

(ii) the engagement of designated workers;

(iii) work health and safety matters that arise in connection

with the duties of parliamentarians, MOPS employees

or designated workers.

15 Support function

(1) The support function of the PWSS is to provide support services to

current and former Commonwealth parliamentary workplace

participants under subsection (2).

(2) The PWSS may provide support services in relation to alleged

relevant conduct to a person who is a current or former

Commonwealth parliamentary workplace participant in accordance

with the following table:

Support services

Item

If, at the time the

alleged conduct was

engaged in, the

person was

...

the PWSS may

provide support

services to the person

if the alleged

conduct ...

and occurred

...

a core participant

was engaged in by, or

affected, the person

in the course of the

person performing

duties as a core

participant

a non-core participant

was engaged in by a

core participant and

affected the person

in the course of the

core participant

performing duties as a

core participant

a non-core participant

was engaged in by, or

(a) in the course of the

Parliamentary Workplace Support Service

Part 2

Establishment and functions of the PWSS

Division 2

Section 16

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Support services

Item

If, at the time the

alleged conduct was

engaged in, the

person was

...

the PWSS may

provide support

services to the person

if the alleged

conduct ...

and occurred

...

affected, the person

person performing

duties as a non-core

participant; and

(b) at a place covered

by paragraph (a) or

(b) of the definition

Commonwealth

parliamentary

workplace

section 5

(3) For the purposes of this section, the provision of support services

includes the provision of early intervention services.

16 Complaint resolution function

(1) The complaint resolution function of the PWSS is to provide

services to current and former Commonwealth parliamentary

workplace participants under subsection (2) to facilitate the

independent resolution of complaints involving alleged relevant

conduct.

(2) The PWSS may provide services to facilitate the independent

resolution of complaints involving alleged relevant conduct

to both

of the following parties:

(a) one or more current or former Commonwealth parliamentary

workplace participants who are alleged to have engaged in

relevant conduct (the

first party

);

(b) one or more current or former Commonwealth parliamentary

workplace participants who are affected by the alleged

relevant conduct (the

second party

);

in accordance with the following table:

Part 2

Parliamentary Workplace Support Service

Division 2

Establishment and functions of the PWSS

Section 16

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Complaint resolution services

Item

If, at the time the

alleged conduct was

engaged in, the first

party was ...

and the second party

was ...

the PWSS may

provide the services in

relation to ...

a core participant

a core participant or a

non-core participant

alleged relevant

conduct engaged in in

the course of the first

party performing duties

as a core participant

a non-core participant

a core participant or a

non-core participant

alleged relevant

conduct engaged in:

(a) in the course of the

first party

performing duties

as a non-core

participant; and

(b) at a place covered

by paragraph (a) or

(b) of the definition

Commonwealth

parliamentary

workplace

section 5

(3) It is not a function of the PWSS under this section to:

(a) investigate a complaint; or

(b) make a finding of fact; or

However, paragraph (a) does not prevent the PWSS from seeking

information for the purposes of providing a service mentioned in

subsection (2).

(4) For the purposes of this section, the provision of services to

facilitate the independent resolution of complaints includes the

provision of early intervention services.

Parliamentary Workplace Support Service

Part 2

Establishment and functions of the PWSS

Division 2

Section 17

No. , 2023

Parliamentary Workplace Support Service Bill 2023

17 Policy development function

(1) The policy development function of the PWSS is to determine

policies and procedures:

(a) relating to workforce strategies for the employment of MOPS

employees; or

(b) for the purposes of supporting parliamentarians to discharge

their obligations in relation to the employment of MOPS

employees; or

connection with the duties of parliamentarians, MOPS

employees or

designated workers; or

(d) for the purposes of supporting Commonwealth parliamentary

workplaces to be safe and respectful.

(2) It is not a function of the PWSS under subsection (1) to determine

a policy or procedure:

(a) that applies only to a specified Commonwealth parliamentary

workplace participant; or

(b) for the terms or conditions of employment of a MOPS

employee.

(3) A policy or procedure determined under subsection (1) may

declare that it is a

mandatory policy or procedure

(4) A parliamentarian must comply with a requirement of a mandatory

policy or procedure that applies to the parliamentarian.

Note:

The PWSS may take action in relation to a parliamentarian who fails

to comply with such a requirement: see Division 4.

(5) A mandatory policy or procedure must be determined by the CEO,

by legislative instrument.

(6) Before the CEO determines a mandatory policy or procedure:

(a) the CEO must consult the PWSS Consultative Committee

about the proposed mandatory policy or procedure; and

(b) the CEO must have referred the proposed mandatory policy

or procedure to the PWSS Advisory Board under section 44;

and

Part 2

Parliamentary Workplace Support Service

Division 2

Establishment and functions of the PWSS

Section 18

Parliamentary Workplace Support Service Bill 2023

No. , 2023

(i) the PWSS Advisory Board was taken to have approved

the proposed mandatory policy or procedure under

subsection (4) of that section;

(ii) the PWSS Advisory Board has notified the CEO that it

has decided to approve the proposed mandatory policy

or procedure.

(7) The PWSS must publish a policy or procedure determined under

this section on its website.

18 Education and training functions

(1) The PWSS has the following education and training functions:

(a) to provide and arrange for education of, and for informing,

Commonwealth parliamentary workplace participants about:

(i) the functions of the PWSS; and

(ii) work health and safety matters that arise in connection

with the duties of parliamentarians, MOPS employees

designated workers; and

(iii) codes of conduct, prescribed by the PWSS rules,

relating to parliamentarians, MOPS employees or other

persons at a place covered by paragraph (a) of the

definition of

Commonwealth parliamentary workplace

in section 5; and

(iv) for parliamentarians and MOPS employees

matters

relating to the employment of MOPS employees or

establishing and maintaining safe and respectful

workplaces;

(b) without limiting paragraph (a)

to provide, or arrange for the

provision of, education or training programs to

parliamentarians and MOPS employees about matters

referred to in that paragraph;

relation to, a learning and professional development program

for MOPS employees.

(2) The CEO may, by legislative instrument, determine:

Parliamentary Workplace Support Service

Part 2

Establishment and functions of the PWSS

Division 2

Section 19

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(a) that a specified education or training program provided under

paragraph (1)(b) is a

mandatory education or training

program

; and

(b) requirements for the completion of a mandatory education or

training program.

(3) A parliamentarian must comply with a requirement determined

under paragraph (2)(b) that applies to the parliamentarian.

Note:

The PWSS may take action in relation to a parliamentarian who fails

to comply with such a requirement: see Division 4.

(4) The CEO must not determine under subsection (2) that an

education or training program is a mandatory education or training

program only for a specified parliamentarian or MOPS employee.

(5) Before the CEO determines a mandatory education or training

program or requirements for completing such a program:

(a) the CEO must consult the PWSS Consultative Committee

about the proposed program or requirements; and

(b) the CEO must have referred the proposed program or

requirements to the PWSS Advisory Board under section 44;

and

(i) the PWSS Advisory Board was taken to have approved

the proposed program or requirements under

subsection (4) of that section;

(ii) the PWSS Advisory Board has notified the CEO that it

has decided to approve the proposed program or

requirements.

19 Review function

(1) The review function of the PWSS is:

(a) to review complaints made to the PWSS about alleged

relevant conduct under subsection (2); and

(b) to make recommendations in relation to alleged relevant

conduct following such review.

Part 2

Parliamentary Workplace Support Service

Division 2

Establishment and functions of the PWSS

Section 19

Parliamentary Workplace Support Service Bill 2023

No. , 2023

(2) The PWSS may review a complaint made to the PWSS about

alleged relevant conduct engaged in by one or more current or

former Commonwealth parliamentary workplace participants (the

first party

) that affects one or more other current or former

Commonwealth parliamentary workplace participants (the

second

party

) in accordance with the following table:

Review of complaints about alleged relevant conduct

Item

If, at the time the

alleged conduct was

engaged in, the first

party was

...

and the second party

was

...

the PWSS may review

the complaint if ...

a parliamentarian or

MOPS employee

a parliamentarian,

MOPS employee or

Parliamentary Service

employee

the conduct was

engaged in in the

course of either the

first party or second

party performing duties

as a parliamentarian,

MOPS employee or

Parliamentary service

employee (as the case

requires)

a non-core participant

a parliamentarian,

MOPS employee or

Parliamentary Service

employee

the conduct was

engaged in:

(a) in the course of

either the first party

or second party

performing duties

as a non-core

participant,

parliamentarian,

MOPS employee or

Parliamentary

service employee

(as the case

requires); and

(b) at a place covered

by paragraph (a) of

the definition of

Commonwealth

Parliamentary Workplace Support Service

Part 2

Establishment and functions of the PWSS

Division 2

Section 20

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Review of complaints about alleged relevant conduct

Item

If, at the time the

alleged conduct was

engaged in, the first

party was

...

and the second party

was

...

the PWSS may review

the complaint if ...

parliamentary

workplace

section 5

(3) If the PWSS upholds a complaint following a review under

subsection (2), the PWSS must prepare a report of the review.

Note:

The rules of procedural fairness will apply in relation to a review.

(4) If the report includes a recommendation for a parliamentarian, the

PWSS must engage with the parliamentarian in relation to

implementing the recommendation.

(5) If a recommendation made to a parliamentarian is not

implemented, the PWSS must give a copy of the report to:

(a) if the parliamentarian is a senator

the President of the

Senate; or

(b) if the parliamentarian is a member of the House of

Representatives

the Speaker of the House of

Representatives;

in accordance with any procedure that has been determined by the

Senate or the House of Representatives (as the case requires).

(6) This section does not limit section 15 or 16.

Note:

The PWSS must have regard to certain matters before disclosing

information obtained in the course of performing its functions under

this section: see subsection 61(6).

20 Independence of the PWSS

Subject to this Act and other laws of the Commonwealth, the

PWSS:

(a) has discretion in the performance or exercise of the functions

or powers of the PWSS; and

Parliamentary Workplace Support Service

Part 2

Reports by the PWSS

Division 3

Section 22

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Division

3--Reports by the PWSS

22 Reports by the PWSS

(1) The PWSS may prepare reports about matters relating to the

functions of the PWSS or CEO.

(2) Without limiting subsection (1), at least once each financial year,

the PWSS must prepare a report that contains information relating

to the following:

(a) gender and diversity characteristics of parliamentarians and

MOPS employees;

(b) gender equality in relation to remuneration for

parliamentarians and MOPS employees;

Members of Parliament

(Staff) Act 1984

and the engagement of designated workers;

(d) progress in the prevention of, and responses to, alleged

relevant conduct that is engaged in:

(i) in the course of a core participant performing duties as a

core participant; or

(ii) at places covered by paragraph (a) or (b) of the

definition of

Commonwealth parliamentary workplace

in section 5;

(e) the culture and performance of workplaces covered by

paragraph (a) or (b) of the definition of

Commonwealth

parliamentary workplace

in section 5;

(f) work health and safety matters connected with the duties of

parliamentarians, MOPS employees and designated workers.

(3) The PWSS rules may prescribe details about a matter mentioned in

any of paragraphs (2)(a) to (f) that must or must not be included in

a report required by subsection (2).

(4) The PWSS must publish a report required by subsection (2), and

may publish any other report under this section, on its website.

(5) Before publishing a report under this section on its website, the

PWSS must give the Minister a copy of the report.

Part 2

Parliamentary Workplace Support Service

Division 3

Reports by the PWSS

Section 22

Parliamentary Workplace Support Service Bill 2023

No. , 2023

(6) The Minister must cause a copy of the report to be laid before each

House of the Parliament within 15 sitting days of that House after

the day the Minister receives the copy.

(7) The PWSS must not publish the report before a copy of the report

has been laid before a House of the Parliament in accordance with

subsection (6).

(8) This section does not limit section 46 of the

Public Governance,

Performance and Accountability Act 2013

(annual report for

Commonwealth entities).

(9) A report under this section must not include personal information

(subject to section 23).

Note:

Information that is de-identified (within the meaning of the

Privacy

Act 1988

) is not personal information.

(10) To avoid doubt, a report under this section is not a periodic report

for the purposes of section 34C of the

Acts Interpretation Act 1901

Parliamentary Workplace Support Service

Part 2

Taking action against parliamentarians for certain non-compliance

Division 4

Section 23

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Division

4--Taking action against parliamentarians for

certain non

compliance

23 Including details of certain non-compliance by parliamentarians

in a public report

(1) This section applies if a parliamentarian:

(a) fails to comply with a request for information under

subsection 64(1) within the period specified in the request; or

(b) fails to comply with a provision of the

Members of

Parliament (Staff) Act 1984

that requires the parliamentarian

to consult with the PWSS before terminating the employment

of a MOPS employee; or

paragraph 18(2)(b) (completion of mandatory training or

education program) that applies to the parliamentarian.

(2) The CEO may determine that the PWSS will include details about

the failure in a public report.

(3) If the parliamentarian is a member of a Parliamentary party, the

CEO must inform the Leader of the party

of the CEO's

determination before the public report is given to the Minister

under subsection 22(5).

(4) In considering whether details should be included in a public

report, the CEO may have regard to any relevant matter and must

have regard to the following:

(a) the nature of the failure and the circumstances in which it

occurred;

(b) the reason (if any) given by the parliamentarian for the

failure;

by subsection (1);

(d) the consequences of the failure;

(e) if the failure relates to a person other than the

parliamentarian

whether the inclusion of the details would

identify the other person;

Part 2

Parliamentary Workplace Support Service

Division 4

Taking action against parliamentarians for certain non-compliance

Section 24

Parliamentary Workplace Support Service Bill 2023

No. , 2023

(f) any submissions made under subsection (5) or (7) in relation

to the failure.

Consultation with parliamentarians

(5) Before the CEO makes a determination under subsection (2), the

CEO must give the parliamentarian a written notice:

(a) stating that the CEO is proposing for the PWSS to include

details about the failure

in a public report; and

(b) inviting the parliamentarian to make submissions to the CEO

in relation to the proposal within a reasonable period

specified in the notice.

(6) The CEO must give the parliamentarian a written notice informing

the parliamentarian of the CEO's decision

on the proposal.

Consultation with other persons

(7) If:

(a) the failure relates to a person other than the parliamentarian;

and

(b) the inclusion of details about the failure in a public report

could identify the person;

then before the CEO makes a determination under subsection (2),

the CEO must give the person a written notice:

details about the failure

in a public report; and

(d) inviting the person to make submissions to the CEO in

relation to the proposal within a reasonable period specified

in the notice.

(8) The CEO must give the person a written notice informing the

person of the CEO's decision on the proposal.

24 Notifying parliamentary Leaders of certain non-compliance

(1) This section applies if a parliamentarian:

(a) fails to comply with a request for information under

subsection 64(1) within the period specified in the request; or

Parliamentary Workplace Support Service

Part 2

Taking action against parliamentarians for certain non-compliance

Division 4

Section 24

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(b) fails to comply with a provision of the

Members of

Parliament (Staff) Act 1984

that requires the parliamentarian

to consult with the PWSS before terminating the employment

of a MOPS employee; or

procedure that applies to the parliamentarian; or

(d) fails to comply with a requirement determined under

paragraph 18(2)(b) (completion of mandatory training or

education program) that applies to the parliamentarian.

(2) If the parliamentarian is a member of a Parliamentary party, the

CEO must inform the Leader of the party of the failure.

Part 3

Chief Executive Officer of the PWSS

Division 1

Introduction

Section 25

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Part

3--Chief Executive Officer of the PWSS

Division

1--Introduction

25 Simplified outline of this Part

There is to be a Chief Executive Officer of the PWSS.

The CEO's functions are to manage the affairs of the PWSS and

ensure the PWSS performs its functions.

The CEO is to be appointed by the Minister.

Chief Executive Officer of the PWSS

Part 3

Establishment and functions of the CEO

Division 2

Section 26

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Division

2--Establishment and functions of the CEO

26 Chief Executive Officer

There is to be a Chief Executive Officer of the Parliamentary

Workplace Support Service.

Note:

In this Act,

CEO

means the Chief Executive Officer of the PWSS

see section 5.

27 Functions of the CEO

The functions of the CEO are:

(a) to manage the affairs of the PWSS; and

(b) to ensure the PWSS performs its functions; and

Act or another law of the Commonwealth.

28 Independence of the CEO

Subject to this Act and other laws of the Commonwealth, the CEO:

(a) has discretion in the performance or exercise of the functions

or powers of the CEO; and

(b) is not subject to direction by any person

in relation to the

performance or exercise of those functions or powers.

Part 3

Chief Executive Officer of the PWSS

Division 3

Appointment of the CEO

Section 29

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Division

3--Appointment of the CEO

29 Appointment of CEO

(1) The CEO is to be appointed by the Minister by written instrument.

Note:

The CEO may be reappointed: see section 33AA of the

Acts

Interpretation Act 1901

(2) A person must not be appointed as the CEO unless the Minister is

satisfied that the person has skills, knowledge or experience

in one

or more of the following fields:

(a) parliamentary workplaces;

(b) human resources, work health and safety or industrial

relations;

(3) Before the Minister

appoints a person as the CEO, the Minister:

(a) must consult with the Leader of each Parliamentary party

that:

(i) does not form part of the Government; and

(ii) has at least 5 members who are senators or members of

the House of Representatives; and

(b) may consult with such other parliamentarians as the Minister

considers appropriate.

(4) The CEO holds office on a full-time basis.

(5) The CEO holds office for the period specified in the instrument of

appointment. The period must not exceed 5 years.

(6) The appointment of a person as the CEO is not invalid because of a

defect or irregu

larity in connection with the person's appointment.

30 Appointment of acting CEO

(1) The Minister may, by written instrument, appoint a person to act as

the CEO:

(a) during a vacancy in the office of the CEO (whether or not an

appointment has previously been made to the office); or

Chief Executive Officer of the PWSS

Part 3

Appointment of the CEO

Division 3

Section 30

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(b) during any period, or during all periods, when the CEO:

(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 the CEO unless the

Minister is satisfied that the person has skills, knowledge or

experience

in one or more of the following fields:

(a) parliamentary workplaces;

(b) human resources, work health and safety or industrial

relations;

Part 3

Chief Executive Officer of the PWSS

Division 4

Terms and conditions for the CEO

Section 31

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Division

4--Terms and conditions for the CEO

31 Remuneration of the CEO

(1) The CEO 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, the CEO is to be paid the

remuneration that is prescribed by the PWSS rules.

(2) The CEO is to be paid the allowances that are prescribed by the

PWSS rules.

(3) This section has effect subject to the

Remuneration Tribunal Act

1973

32 Leave of absence of the CEO

(1) The CEO has the recreation leave entitlements that are determined

by the Remuneration Tribunal.

(2) The Minister may grant the CEO leave of absence, other than

recreation leave, on the terms and conditions as to remuneration or

otherwise that the Minister determines.

33 Other employment of the CEO

The CEO must not engage in paid work outside the duties of the

CEO

office without the Minister's approval.

34 Resignation of the CEO

(1) The CEO may resign the CEO

appointment by giving the

Minister a written resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

Chief Executive Officer of the PWSS

Part 3

Terms and conditions for the CEO

Division 4

Section 35

No. , 2023

Parliamentary Workplace Support Service Bill 2023

35 Termination of appointment of the CEO

Misbehaviour, incapacity or unsatisfactory performance

(1) The Minister may terminate the appointment of the CEO:

(a) for misbehaviour; or

(b) if the CEO is unable to perform the duties of the CEO

office because of physical or mental incapacity; or

significant period of time.

Bankruptcy etc.

(2) The Minister may terminate the appointment of the CEO if:

(a) the CEO:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with the CEO

creditors; or

(iv) makes an assignment of the CEO

remuneration for the

benefit of the CEO

creditors; or

(b) the CEO is absent, except on leave of absence, for 14

consecutive days or for 28 days in any 12 months; or

engages, except with the Minister's approv

al, in

paid work outside the duties of the CEO

office (see

section 33); or

(d) the CEO fails, without reasonable excuse, to comply with

section 29 of the

Public Governance, Performance and

Accountability Act 2013

(which deals with the duty to

disclose interests) or rules made for the purposes of that

section.

Consultation before termination

(3) Before the Minister

terminates the appointment of the CEO under

subsection (1) or (2), the Minister:

(a) must consult with the Leader of each Parliamentary party

that:

Part 3

Chief Executive Officer of the PWSS

Division 4

Terms and conditions for the CEO

Section 36

Parliamentary Workplace Support Service Bill 2023

No. , 2023

(i) does not form part of the Government; and

(ii) has at least 5 members who are senators or members of

the House of Representatives; and

(b) may consult with such other parliamentarians as the Minister

considers appropriate.

(4) A failure to comply with paragraph (3)(a) does not affect the

validity of a termination.

36 Other terms and conditions of the CEO

The CEO holds office on the terms and conditions (if any) in

relation to matters not covered by this Act that are determined by

the Minister.

Staff of the PWSS etc.

Part 4

Section 37

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Part

4--Staff of the PWSS etc.

37 Simplified outline of this Part

The staff of the PWSS are to be persons engaged under the

Public

Service Act 1999

The CEO and the staff together constitute a Statutory Agency for

the purposes of the

Public Service Act 1999

The PWSS may be assisted by other officers and employees,

including officers and employees of Agencies (within the meaning

of the

Public Service Act 1999

The CEO may engage consultants.

38 Staff

(1) The staff of the PWSS must be persons engaged under the

Public

Service Act 1999

(2) For the purposes of the

Public Service Act 1999

(a) the CEO and the staff of the PWSS together constitute a

Statutory Agency; and

(b) the CEO is the Head of that Statutory Agency.

39 Persons assisting the PWSS

The PWSS may be assisted:

(a) by officers and employees of Agencies (within the meaning

of the

Public Service Act 1999

); or

(b) by officers and employees of authorities of the

Commonwealth; or

(d) by officers and employees of authorities of a State or

Territory;

PWSS Advisory Board

Part 5

Introduction

Division 1

Section 41

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Part

5--PWSS Advisory Board

Division

1--Introduction

41 Simplified outline of this Part

This Part establishes the Parliamentary Workplace Support Service

Advisory Board.

The main function of the PWSS Advisory Board is to advise the

CEO on the performance of the functions of the PWSS or CEO.

Members of the PWSS Advisory Board are to be appointed by the

Minister.

Part 5

PWSS Advisory Board

Division 2

Establishment and functions of the PWSS Advisory Board

Section 42

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Division

2--Establishment and functions of the PWSS

Advisory Board

42 Parliamentary Workplace Support Service Advisory Board

The Parliamentary Workplace Support Service Advisory Board is

established by this section.

Note:

In this Act,

PWSS

Advisory Board

means the Parliamentary

Workplace Support Service Advisory Board

see section 5.

43 Functions of the PWSS Advisory Board

(1) The functions of the PWSS Advisory Board are:

(a) to advise the CEO in relation to the performance of the

functions of the PWSS or CEO; and

(b) to consider in accordance with section 44:

(i) proposed mandatory policies or procedures; and

(ii) proposed mandatory education or training programs,

and proposed requirements for completing those

programs; and

Board by this Act or by any other law of the Commonwealth.

(2) However, it is not a function of the PWSS Advisory Board to:

(a) direct the activities of the PWSS; or

(b) give or seek advice or information about, or in relation to, a

particular person or case.

(3) The PWSS Advisory Board may give advice as mentioned in

subsection (1):

(a) on the PWSS

Advisory Board's own initiative; or

(b) at the request of the CEO.

(4) The PWSS Advisory Board may invite representatives of the

PWSS to attend a meeting of the PWSS Advisory Board.

PWSS Advisory Board

Part 5

Establishment and functions of the PWSS Advisory Board

Division 2

Section 44

No. , 2023

Parliamentary Workplace Support Service Bill 2023

44 PWSS Advisory Board must approve or reject certain proposals

(1) The PWSS Advisory Board must approve or reject any of the

following referred to the PWSS Advisory Board by the CEO:

(a) proposed mandatory policies or procedures;

(b) proposed mandatory education or training programs, and

proposed requirements for completing those programs.

Decision to approve or reject

(2) The PWSS Advisory Board must make a decision under

subsection (1) within:

(a) 14 calendar days after the referral; or

(b) if, within the first 14 calendar days after the referral, the

PWSS Advisory Board notifies the CEO 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 PWSS

Advisory Board must give the CEO written notice of the decision.

(4) The PWSS Advisory Board is taken to have approved:

(a) a proposed mandatory policy or procedure; or

(b) a proposed mandatory education or training program; or

or training program;

if the PWSS Advisory Board does not give notice under

subsection (3) within the period specified in paragraph (2)(a) or (b)

as the case requires.

Part 5

PWSS Advisory Board

Division 3

Membership of the PWSS Advisory Board

Section 45

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Division

3--Membership of the PWSS Advisory Board

45 Membership of the PWSS Advisory Board

(1) The PWSS Advisory Board consists of the following members:

(a) a Chair;

(b) at least 3, and not more than 4, other members.

(2) At least 2 members of the PWSS Advisory Board must be women.

(3) At least one member of the PWSS Advisory Board must be:

(a) a former Commonwealth judicial officer; or

(b) a former judge of the Supreme Court of a State or Territory.

46 Appointment of members of the PWSS Advisory Board

(1) A member of the PWSS Advisory Board is to be appointed by the

Minister by written instrument.

Note:

A member of the PWSS Advisory Board may be reappointed: see

section 33AA of the

Acts Interpretation Act 1901

(2) A person is not eligible for appointment as a member of the PWSS

Advisory Board unless the Minister is satisfied that the person has

skills, knowledge or experience

in one or more of the following

fields:

(a) parliamentary workplaces;

(b) human resources, work health and safety or industrial

relations;

(3) In appointing a person as a member of the PWSS Advisory Board,

the Minister must have regard to the desirability of ensuring that

there is a balance of skills, knowledge and experience in the fields

listed in subsection (2) among members of the PWSS Advisory

Board.

(4) However, subsections (2) and (3) do not apply to the appointment

of a person as required by subsection 45(3).

PWSS Advisory Board

Part 5

Membership of the PWSS Advisory Board

Division 3

Section 47

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(5) Before the Minister

appoints a person as the Chair, or as a member,

of the PWSS Advisory Board, the Minister:

(a) must consult with the Leader of each Parliamentary party

that:

(i) does not form part of the Government; and

(ii) has at least 5 members who are senators or members of

the House of Representatives; and

(b) may consult with such other parliamentarians as the Minister

considers appropriate.

(6) A member of the PWSS Advisory Board holds office on a

part-time basis.

(7) The appointment of a person as a member of the PWSS Advisory

Board is not invalid because of a defect or irregularity in

connection with the person's appointment.

47 Period of appointment for members of the PWSS Advisory Board

A member of the PWSS Advisory Board holds office for the period

specified in the instrument of appointment. The period must not

exceed 5 years.

48 Acting members of the PWSS Advisory Board

Acting Chair of the PWSS Advisory Board

(1) The Minister may, by written instrument, appoint a person to act as

the Chair of the PWSS Advisory Board:

(a) during a vacancy in the office of the Chair of the PWSS

Advisory Board (whether or not an appointment has

previously been made to the office); or

(b) during any period, or during all periods, when the Chair of

the PWSS Advisory Board:

(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

Part 5

PWSS Advisory Board

Division 3

Membership of the PWSS Advisory Board

Section 48

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Acting member of the PWSS Advisory Board (other than the Chair)

(2) The Minister may, by written instrument, appoint a person to act as

a member of the PWSS Advisory Board (other than the Chair of

the PWSS Advisory Board):

(a) during a vacancy in the office of a member of the PWSS

Advisory Board (other than the Chair of the PWSS Advisory

Board), whether or not an appointment has previously been

made to the office; or

(b) during any period, or during all periods, when a member of

the PWSS Advisory Board (other than the Chair of the PWSS

Advisory Board):

(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

PWSS Advisory Board

Part 5

Terms and conditions for members of the PWSS Advisory Board

Division 4

Section 49

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Division

4--Terms and conditions for members of the

PWSS Advisory Board

49 Remuneration

(1) A member of the PWSS Advisory Board 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 member of the PWSS Advisory Board is to be paid the

remuneration that is prescribed by the PWSS rules.

(2) A member of the PWSS Advisory Board is to be paid the

allowances that are prescribed by the PWSS rules.

(3) This section has effect subject to the

Remuneration Tribunal Act

1973

50 Disclosure of interests

(1) A member of the PWSS Advisory Board must give written notice

to the Minister of any direct or indirect pecuniary interest that the

member has or acquires and that conflicts or could conflict with the

proper performance of the member's duties.

(2) A member of the PWSS Advisory Board who has a direct or

indirect pecuniary interest in a matter being considered or about to

be considered by the PWSS Advisory Board must disclose the

nature of the interest to a meeting of the PWSS Advisory Board.

(3) The disclosure must be made as soon as possible after the relevant

facts have come to the member's knowledge.

(4) The disclosure must be recorded in the minutes of the meeting.

(5) Unless the PWSS Advisory Board otherwise determines, the

member:

(a) must not be present during any deliberation by the PWSS

Advisory Board on the matter; and

(b) must not take part in any decision of the PWSS Advisory

Board with respect to the matter.

Part 5

PWSS Advisory Board

Division 4

Terms and conditions for members of the PWSS Advisory Board

Section 51

Parliamentary Workplace Support Service Bill 2023

No. , 2023

(6) For the purposes of making a determination under subsection (5),

the member:

(a) must not be present during any deliberation of the PWSS

Advisory Board for the purpose of making the determination;

and

(b) must not take part in making the determination.

(7) A determination under subsection (5) must be recorded in the

minutes of the meeting of the PWSS Advisory Board.

51 Leave of absence

(1) The Minister may grant leave of absence to the Chair of the PWSS

Advisory Board on the terms and conditions as to remuneration or

otherwise that the Minister determines.

(2) The Chair of the PWSS Advisory Board may grant leave of

absence to a member of the PWSS Advisory Board on the terms

and conditions that the Chair determines.

52 Resignation

(1) A member of the PWSS Advisory Board

may resign the member's

appointment by giving the Minister a written resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

53 Termination of appointment

(1) The Minister may terminate the appointment of a member of the

PWSS Advisory Board:

(a) for misbehaviour; or

(b) if the member is unable to perform the duties of the

member's office because of physical or mental incapacity.

(2) The Minister may terminate the appointment of a member of the

PWSS Advisory Board if:

(a) the member:

PWSS Advisory Board

Part 5

Terms and conditions for members of the PWSS Advisory Board

Division 4

Section 54

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii)

compounds with the member's cred

itors; or

(iv)

makes an assignment of the member's remuneration for

the benefit of the member's creditors; or

(b) the member fails, without reasonable excuse, to comply with

section 50 (disclosure of interests); or

consecutive meetings of the PWSS Advisory Board.

Consultation before termination

(3) Before the Minister

terminates the appointment of a member of the

PWSS Advisory Board under subsection (1) or (2), the Minister:

(a) must consult with the Leader of each Parliamentary party

that:

(i) does not form part of the Government; and

(ii) has at least 5 members who are senators or members of

the House of Representatives; and

(b) may consult with such other parliamentarians as the Minister

considers appropriate.

(4) A failure to comply with paragraph (3)(a) does not affect the

validity of a termination.

54 Other terms and conditions

A member of the PWSS Advisory Board holds office on the terms

and conditions (if any) in relation to matters not covered by this

Act that are determined by the Minister.

Part 5

PWSS Advisory Board

Division 5

PWSS Advisory Board procedures

Section 55

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Division

5--PWSS Advisory Board procedures

55 PWSS Advisory Board procedures

(1) The PWSS rules may prescribe matters relating to the operation of

the PWSS Advisory Board.

(2) If no PWSS rules are in force for the purposes of subsection (1),

the PWSS Advisory Board may operate in the way it determines.

PWSS Consultative Committee

Part 6

Section 56

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Part

6--PWSS Consultative Committee

56 Simplified outline of this Part

This Part establishes the Parliamentary Workplace Support Service

Consultative Committee.

Generally, the functions of the PWSS Consultative Committee are:

(a) to discuss matters that are relevant to parliamentarians

and MOPS employees in so far as those matters relate to

the functions of the PWSS; and

(b) to communicate views about those matters to the PWSS.

The PWSS Consultative Committee is to consist of members who

are parliamentarians, MOPS employees or independent members.

The PWSS rules may make provision for the appointment of

members of the PWSS Consultative Committee, and other matters.

57 Parliamentary Workplace Support Service Consultative

Committee

The Parliamentary Workplace Support Service Consultative

Committee is established by this section.

Note:

In this Act,

PWSS

Consultative Committee

means the Parliamentary

Workplace Support Service Consultative Committee

see section 5.

58 Functions of the PWSS Consultative Committee

(1) The functions of the PWSS Consultative Committee are:

(a) to discuss matters of relevance to parliamentarians and

MOPS employees in so far as those matters relate to the

functions of the PWSS; and

(b) without limiting paragraph (a):

(i) to consider proposed policies and procedures developed

by the PWSS for the purposes of section 17; and

Part 6

PWSS Consultative Committee

Section 59

Parliamentary Workplace Support Service Bill 2023

No. , 2023

(ii) to consider each proposed mandatory policy or

procedure, each proposed mandatory education or

training program, and proposed requirements for

completing those programs; and

paragraphs (a) and (b) to the PWSS.

(2) It is not a function of the PWSS Consultative Committee to:

(a) direct the activities of the PWSS; or

(b) give or seek advice or information about, or in relation to, a

particular person or case.

(3) The PWSS Consultative Committee may invite representatives of

the PWSS to attend a meeting of the committee for the purposes of

paragraph (1)(c).

59 Membership of the PWSS Consultative Committee etc.

Membership

(1) The PWSS Consultative Committee consists of the following

members:

(a) a Chair, who must be an independent member;

(b) one other member who is an independent member;

(i) members who are parliamentarians; and

(ii) members who are MOPS employees.

Note:

In this Act,

independent member

means a member of the PWSS

Consultative Committee who is not a parliamentarian or a MOPS

employee

see section 5.

PWSS rules may provide for matters relating to the PWSS

Consultative Committee

(2) The PWSS rules may make provision for or in relation to the

PWSS Consultative Committee, including for or in relation to the

following:

(a) operation and procedures of the committee;

(b) membership of the committee (subject to subsection (1));

PWSS Consultative Committee

Part 6

Section 59

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(d) terms of appointment of members;

(e) remuneration of independent members;

(f) resignation of members;

(g) disclosure of interests by members;

(h) termination of appointment of members;

(i) leave of absence of members;

(j) deputies of members.

Independent members

(3) PWSS rules made for the purposes of subsection (2) must require

that, in appointing a person (the

appointee

) as an independent

member, the person making the appointment must have regard to

the independence of the appointee from:

(a) parliamentarians; and

(b) MOPS employees; and

Commonwealth Electoral Act 1918

); and

(d) the PWSS and the PWSS Advisory Board.

Other matters relating to appointments

(4) PWSS rules made for the purposes of subsection (2) must require

that, in appointing a person as a member of the PWSS Consultative

Committee, the person making the appointment must have regard

to the desirability of ensuring that:

(a) there is representation among members of the PWSS

Consultative Committee by the following:

(i) persons who represent the views of the Government;

(ii) persons who represent the views of Parliamentary

parties that do not form part of the Government and

have at least 5 members who are senators or members of

the House of Representatives;

(iii) persons who do not represent the views of the

Government or Parliamentary parties to which

subparagraph (ii) applies; and

Information sharing

Part 7

Introduction

Division 1

Section 60

No. , 2023

Parliamentary Workplace Support Service Bill 2023

Part

7--Information sharing

Division

1--Introduction

60 Simplified outline of this Part

This Part enables:

(a) the PWSS to disclose information to a Commonwealth

entity or an individual who holds an office or

appointment under a law of the Commonwealth; and

(b) a Commonwealth entity or such an individual to disclose

information to the PWSS.

However, that information may only be disclosed or used if it is

reasonably necessary for the performance of functions, or the

exercise of powers, of the PWSS, the entity or the individual.

The PWSS may request some Commonwealth entities to give the

PWSS information for the purposes of a public report.

The CEO may enter into arrangements with other Commonwealth

entities or individuals relating to the disclosure and use of

information.

The PWSS may request a parliamentarian or MOPS employee to

give the PWSS specified information. A failure by a

parliamentarian to comply with the request may result in the

non-compliance being published in a public report.

Part 7

Information sharing

Division 2

Information sharing between the PWSS and other Commonwealth entities

etc.

Section 61

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Division

2--Information sharing between the PWSS and

other Commonwealth entities etc.

61 Information sharing between the PWSS and other

Commonwealth entities etc.

Authorisation to disclose information

(1) The PWSS may disclose information (including personal

information) to:

(a) another Commonwealth entity; or

(b) an individual who holds any office or appointment under a

law of the Commonwealth;

if the disclosure is reasonably necessary to assist the entity or

individual to:

individual; or

(d) exercise any of the powers of the entity or individual.

(2) A Commonwealth entity, or an individual who holds any office or

appointment under a law of the Commonwealth, may disclose

information (including personal information) to the PWSS if the

disclosure is reasonably necessary to assist:

(a) the PWSS to perform any of its functions or exercise any of

its powers; or

(b)

the CEO to perform any of the CEO's functions or exercise

any of the CEO's powers.

(3) To avoid doubt, a parliamentarian does not hold an office or

appointment under a law of the Commonwealth for the purposes of

paragraph (1)(b) or subsection (2).

(4) Information may be disclosed under subsection (1) or (2) on the

initiative, or at the request, of the PWSS, Commonwealth entity or

individual (as the case requires).

(5) Subsections (1) and (2) do not apply to a disclosure of information

if:

Information sharing

Part 7

Information sharing between the PWSS and other Commonwealth entities etc.

Division

Section 62

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(a) the disclosure would, apart from this section, constitute an

offence against a law of the Commonwealth; and

(b) that law does not contain an exception or defence for a

disclosure authorised by a law of the Commonwealth.

(6) Before disclosing information under subsection (1) that was

obtained by the PWSS in the course of performing its review

function under section 19, the PWSS must have regard to whether

the disclosure would be likely to result in harm to an individual to

whom the information relates (other than mere damage to the

individual's reputation).

Authorisation to use information

(7) Information disclosed to the PWSS, another Commonwealth entity

or an individual under subsection (1) or (2) may be used by the

PWSS, entity or individual for the purposes of performing the

functions, or exercising the powers, of the PWSS, entity or

individual (as the case requires).

Note:

This section constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws.

62 Giving information to PWSS for certain reports

(1) The PWSS may, in writing, request a person covered by

subsection (2) to give the PWSS, within a specified period,

specified information (including personal information) for the

purposes of the PWSS preparing a report required by

subsection 22(2).

(2) This subsection covers the following persons:

(a) the Secretary of the Department;

(b) a Secretary (within the meaning of the

Parliamentary Service

Act 1999

);

the purposes of this paragraph

the Head (however

described) of the Commonwealth entity;

(d) if an office or appointment under a law of the

Commonwealth is specified in the PWSS rules for the

Part 7

Information sharing

Division 2

Information sharing between the PWSS and other Commonwealth entities

etc.

Section 63

Parliamentary Workplace Support Service Bill 2023

No. , 2023

purposes of this paragraph

the individual holding that

office or appointment.

(3) A person covered by subsection (2) must comply with a request

given to the person under subsection (1) unless doing so would

constitute an offence against a law of the Commonwealth.

(4) The PWSS may:

(a) use the information for the following purposes:

(i) preparing a report required by subsection 22(2);

(ii) monitoring and reviewing matters relating to any of its

functions; and

(b) disclose the information in a report required by

subsection 22(2) (subject to sections 22 and 63).

Note 1:

This section constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws.

Note 2:

Subsection 22(9) provides that a report under section 22 must not

include personal information (subject to section 23).

63 CEO may make arrangements for sharing information

(1) The CEO may make an arrangement, in writing, with:

(a) the Head (however described) of a Commonwealth entity; or

(b) an individual who holds any office or appointment under a

law of the Commonwealth;

relating to:

subsection 61(1) or (2) or 62(3); or

(d) the use by the PWSS, the other Commonwealth entity or

individual of information disclosed under any of those

subsections.

(2) Without limiting subsection (1), an arrangement made under that

subsection may make provision for the confidentiality of

information disclosed in accordance with the arrangement.

(3) The PWSS must ensure that an arrangement made under

subsection (1) is published on its website.

Information sharing

Part 7

Information sharing between the PWSS and other Commonwealth entities etc.

Division

Section 63

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(4) An arrangement made under subsection (1) is not a legislative

instrument.

(5) If an arrangement under subsection (1) is in force, then:

(a) the disclosure to, or by, the PWSS of information to which

the arrangement applies is not authorised under

subsection 61(1) or (2) or 62(3); and

(b) the use of information to which the arrangement applies is

not authorised under subsection 61(7) or 62(4);

if the disclosure or use of the information would contravene the

arrangement.

Part 7

Information sharing

Division 3

Requesting information from parliamentarians and MOPS employees

Section 64

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Division

3--Requesting information from

parliamentarians and MOPS employees

64 Requesting information from parliamentarians

(1) The PWSS may, in writing, request a parliamentarian to give the

PWSS, within a specified period, specified information (including

personal information):

(a) that relates to any of the following matters in relation to a

person who is or was a MOPS employee employed by, or a

designated worker engaged by, the parliamentarian:

(i) the

person's name

;

(ii) whether the person is or was a MOPS employee or a

designated worker;

(iii) matters relating to when, and the circumstances in

which, the person was employed as a MOPS employee

or engaged as a designated worker;

(iv) matters relating to when, and the circumstances in

which, the person ceased to be employed as a MOPS

employee or engaged as a designated worker; or

(b) that relates to work health and safety matters arising in

connection with the duties of parliamentarians or MOPS

employees; or

service under section 16 (complaint resolution function) to a

person who is or was a MOPS employee employed by, or a

designated worker engaged by, the parliamentarian.

(2) Paragraph (1)(c) does not apply if the alleged relevant conduct

referred to in section 16 was engaged in by the parliamentarian.

(3) The period specified in the request must be reasonable in the

circumstances.

(4) The request must include details about the effect of Division 4 of

Part 2 (taking action against parliamentarians for certain

non-compliance).

Information sharing

Part 7

Requesting information from parliamentarians and MOPS employees

Division 3

Section 65

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(5) A parliamentarian must comply with a request under subsection (1)

within the period specified in the request, and may comply with

any other request by the PWSS for information (including personal

information), unless doing so would constitute an offence against a

law of the Commonwealth.

Note:

This subsection constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws.

(6) This section does not limit the power of the PWSS to request

information from a parliamentarian or any other person.

65 Requesting information from MOPS employees

(1) The PWSS may, in writing, request a MOPS employee to give the

PWSS, within a specified period, specified information (including

personal information) that relates to:

(a) any of the functions or powers of the PWSS; or

(b) any of the functions or powers of the CEO.

(2) The period specified in the request must be reasonable in the

circumstances.

(3) A MOPS employee may comply with a request under

subsection (1) within the period specified in the request, and may

comply with any other request by the PWSS for information

(including personal information), unless doing so would constitute

an offence against a law of the Commonwealth.

Note:

This subsection constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws.

(4) This section does not limit the power of the PWSS to request

information from a MOPS employee or any other person.

Part 8

Miscellaneous

Section 66

Parliamentary Workplace Support Service Bill 2023

No. , 2023

Part

8--Miscellaneous

66 Simplified outline of this Part

This Part deals with miscellaneous matters, such as the making of

the PWSS rules.

67 Effect of this Act on parliamentary privileges and immunities

To avoid doubt, this Act does not affect the law relating to the

powers, privileges and immunities of any of the following:

(a) each House of the Parliament;

(b) the members of each House of the Parliament;

committees of both Houses of the Parliament.

68 Review of operation of this Act

(1) The Minister must cause a review of the operation of this Act and

the PWSS rules to be commenced within one year after the

commencement of the first session of each Parliament that

commences after the commencement of this section.

(2) The persons undertaking the review must give the Minister a

written report of the review.

(3) The Minister must cause a copy of the report to be tabled in each

House of the Parliament within 15 sitting days of that House after

the day on which the Minister receives the report.

69 PWSS rules

(1) The Minister may, by legislative instrument, make rules (the

PWSS rules

) prescribing matters:

(a) required or permitted by this Act to be prescribed by the

PWSS rules; or

Miscellaneous

Part 8

Section 69

No. , 2023

Parliamentary Workplace Support Service Bill 2023

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

(2) To avoid doubt, the PWSS rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

Commonwealth of Australia Bills

PARLIAMENTARY WORKPLACE SUPPORT SERVICE BILL 2023

Document Outline