Commonwealth Numbered Acts Commonwealth Numbered Acts(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.
(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 ... |
|
1 |
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) |
|
2 |
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 in 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).