Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Bill 2024 - Commentary on Ministerial Responses [2024] AUSStaCSBSD 207 (9 October 2024)

• Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Bill 2024222
• Immunity from civil liability223
• Minister for the Public Service’s response225
• Committee comment

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Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Bill 2024^[222]

Purpose	The bill seeks to amend the Parliamentary Workplace Support Service Act 2023 to establish two bodies: the Independent Parliamentary Standards Commission (IPSC) and the Parliamentary Joint Committee on Parliamentary Standards. The bill also seeks to amend a number of other Acts which interact with the IPSC's responsibilities and functions as an investigative entity, such as the Freedom of Information Act 1982 and the National Anti-Corruption Commission Act 2022.
Portfolio	Finance
Introduced	House of Representatives on 21 August 2024
Bill status	Received the Royal Assent on 17 September 2024

Immunity from civil liability^[223]

2.31 This bill seeks to confer immunity from liability in civil proceedings to Parliamentary Workplace Support Services (PWSS) and IPSC officials, including the PWSS Chief Executive Officer (CEO), the Commissioners of the IPSC, the staff of the PWSS, persons whose services are made available to the PWSS and IPSC and consultants engaged to assist the IPSC or a Commissioner or the PWSS in the performance of their functions. The immunity from liability is only applicable to an act done or omitted to be done in good faith in the exercise of the person’s functions, powers or duties.

2.32 In Scrutiny Digest 11 of 2024 the committee requested advice on recourse available to individuals affected by actions by PWSS or IPSC officials. In particular, the committee sought clarification for whether the Commonwealth was, or was not, exempt from avenues for recourse due to actions of negligence or defamation undertaken by its officials.^[224]

Minister for the Public Service’s response^[225]

2.33 The minister advised that the immunity provision only applies to individuals and not the Commonwealth. As such, affected persons are able to seek remedy from the Commonwealth even in situations where they are unable to seek remedy from a protected individual who has acted in good faith.

2.34 Further, the minister noted two other avenues for remedy available to individuals. These remedies include judicial review under legislation and complaints on administrative actions taken by the PWSS and IPSC to the Commonwealth Ombudsman.

Committee comment

2.35 The committee thanks the minister for this response.

2.36 On the basis of the advice provided to the committee by the minister that the immunity provisions are applicable to individuals and not the Commonwealth, which leaves affected persons able to seek a remedy from the Commonwealth, the committee makes no further comment on this bill.

2.37 The committee requests that an addendum to the explanatory memorandum containing the key information provided by the minister be tabled in the Parliament as soon as practicable, noting the importance of these explanatory materials as a point of access to understanding the law and, if needed, as extrinsic material to assist with interpretation.^[226]

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^[222] This entry can be cited as: Senate Standing Committee for the Scrutiny of Bills, Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Bill 2024, Scrutiny Digest 13 of 2024; [2024] AUSStaCSBSD 207.

^[223] Schedule 1, item 51, proposed section 40C. The committee draws senators’ attention to this provision pursuant to Senate standing order 24(1)(a)(i).

^[224] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 11 of 2024 (11 September 2024), pp. 18–19.

^[225] The minister responded to the committee’s comments in a letter dated 26 September 2024. A copy of the letter is available on the committee’s webpage (see correspondence relating to Scrutiny Digest 13 of 2024).

^[226] See Acts Interpretation Act 1901, section 15AB.