Commonwealth Numbered Acts

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PARLIAMENTARY WORKPLACE SUPPORT SERVICE ACT 2023 (NO. 70, 2023) - SECT 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:

                     (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

                     (c)  any other place where a Commonwealth parliamentary 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

                     (c)  a Parliamentary Service 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 the definition of Commonwealth parliamentary workplace in this section; and

                     (c)  is not a parliamentarian, MOPS employee, Parliamentary 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.

"Minister " : see section 6A.

"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 .

"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;

                     (c)  sexual harassment;

                     (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.



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