Parliamentary Workplace Support Service Bill 2023 [2023] AUSStaCSBSD 151 (6 September 2023)

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Parliamentary Workplace Support Service Bill 2023^[25]

Purpose	This bill seeks to establish the Parliamentary Workplace Support Service (the PWSS) as an independent statutory agency to provide human resources and certain other services for parliamentarians and persons employed under the Members of Parliament (Staff) Act 1984. This bill also gives effect to the recommendations of the Australian Human Rights Commission.
Portfolio	Finance
Introduced	House of Representatives on 10 August 2023
Bill status	Before the House of Representatives

Privacy^[26]

1.28 Clause 61 of the bill seeks to introduce information sharing between the Parliamentary Workplace Support Service (the PWSS) and other Commonwealth entities or an individual who holds any office or appointment under a law of the Commonwealth.^[27] Information may also be disclosed by a Commonwealth entity to the PWSS if the disclosure is reasonably necessary to assist the PWSS or the CEO of the PWSS to perform any of their functions or exercise any of their powers.^[28]

1.29 Before disclosing any of the information obtained in the course of its review function under clause 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.^[29]

1.30 In this instance, the explanatory memorandum provides that clause 61 is intended to facilitate the disclosure of information between entities on a voluntary basis.^[30] It also states:

These provisions would allow the PWSS and other Commonwealth entities or relevant individuals to share information that is required to support their statutory obligations. For example, under subclause 61(1), the PWSS could share information about notifiable incidents under work health and safety laws with Comcare, in order to fulfil its work health and safety obligations. Similarly, under subclause 61(2), the Department of Finance could share information with the PWSS that is necessary for the PWSS to perform its human resources functions, noting that the Department of Finance would retain some human resources functions (such as payroll services for MOPS employees). Efficient information sharing between these entities and individuals would enable them to effectively undertake their function and would facilitate enhanced service delivery across Commonwealth parliamentary workplaces.^[31]

1.31 The committee notes that while the explanatory memorandum provides insight into the purpose of clause 61, and a justification for the disclosure of information, it is not apparent to the committee under what circumstances the information may be disclosed under subclauses 61(1) and (6). For instance, neither the bill nor the explanatory memorandum identify when disclosure would be reasonably necessary from the PWSS to enable a Commonwealth entity to perform its functions or activities. It is also unclear to the committee the nature of information that may be disclosed as this can encompass any information obtained by the PWSS in the course of performing its review function under clause 19. The committee's concerns are heightened as the PWSS will obtain personal information in the course of its review function and it is not apparent to what extent this information may be disclosed. For example, it is not clear whether names and other identifying information may be disclosed or if it will be limited to statistical data.

1.32 Further, in relation to subclause 61(6), the explanatory memorandum states:

Subclause 61(6) provides that before disclosing information obtained in the course of performing its review function to another Commonwealth entity or to an individual who holds a relevant office or appointment, 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). This requirement is intended to ensure that due consideration is given to any harm that may result from the disclosure of this information and therefore minimise this potential harm to individuals.

1.33 It is unclear to the committee in this instance how the term 'harm' should be understood and what level or nature of harm is sufficient to prevent disclosure of information, except that it must not result in 'mere damage to the individual's reputation'. The committee also queries the lack of any further considerations that must be made by the PWSS before disclosing information.

1.34 The committee requests the minister's detailed advice as to:

• the nature of information, particularly personal information, that may be disclosed by the PWSS and Commonwealth entities or individuals holding office or appointments under the law of the Commonwealth with each other pursuant to subclauses 61(1) and 61(2);

• whether guidance can be provided regarding what circumstances are expected to necessitate disclosing information because disclosure is reasonably necessary to assist the PWSS or Commonwealth entity to perform its functions or exercise its powers;

• what level or nature of harm is sufficient to prevent disclosure of information under subclause 61(6); and

• what other considerations must be made by the PWSS prior to disclosing information under subclause 61(6).

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[25] This entry can be cited as: Senate Standing Committee for the Scrutiny of Bills, Parliamentary Workplace Support Service Bill 2023, Scrutiny Digest 10 of 2023; [2023] AUSStaCSBSD 151.

[26] Clause 61. The committee draws senators’ attention to this provision pursuant to Senate standing order 24(1)(a)(i).

[27] Subclause 61(1).

[28] Proposed paragraphs 61(1)(c) and 61(1)(d), and subclause 61(2).

[29] Subclause 61(6).

[30] Explanatory memorandum, p. 76.

[31] Explanatory memorandum, p. 77.