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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
National Integrity (Parliamentary
Standards) Bill 2019
No. , 2019
(Senator Waters)
A Bill for an Act to enhance the integrity of the
Parliament of Australia, and for related purposes
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects of Act .................................................................................... 3
4
Saving of powers, privileges and immunities .................................... 3
5
Act binds the Crown .......................................................................... 3
6
Application of Act ............................................................................. 4
7
Definitions ......................................................................................... 4
Part 2--Parliamentary values and conduct
8
Division 1--Statement of parliamentary values
8
8
Parliamentary values ......................................................................... 8
Division 2--Parliamentary code of conduct
9
9
Upholding democracy and respecting others regardless of
background ........................................................................................ 9
10
Conflicts of interest ........................................................................... 9
11
Using position for profit .................................................................. 10
12
Outside employment and activities .................................................. 10
13
Accepting any gift, hospitality or other benefit ............................... 10
14
Use of influence ............................................................................... 10
15
Use of public resources.................................................................... 11
16
Personal conduct .............................................................................. 11
17
Managing confidential and personal information ............................ 12
18
Post-retirement activities ................................................................. 12
19
Staff of parliamentarians ................................................................. 12
20
Extending code of conduct .............................................................. 12
Part 3--Registers of Interests
13
21
Register of interests--House of Representatives ............................. 13
22
Register of interests--Senate ........................................................... 13
Part 4--Parliamentary Integrity Adviser
14
Division 1--Establishment and functions and powers of the
Parliamentary Integrity Adviser
14
23
Parliamentary Integrity Adviser ...................................................... 14
24
Functions of Parliamentary Integrity Adviser .................................. 14
Division 2--Provision of advice
16
Subdivision A--Requests for advice
16
ii
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
25
Parliamentarian, former parliamentarian or staff may request
advice .............................................................................................. 16
26
Minister may request advice ............................................................ 17
27
Presiding Officer or chair of committee may request advice ........... 18
28
Requirements relating to requests for advice ................................... 18
29
Provision of advice .......................................................................... 18
30
Limited protection from acting on conflict of interest issue ............ 19
Subdivision B--Confidentiality of information
20
31
Interpretation ................................................................................... 20
32
Authorised use or disclosure--performing functions etc. ................ 20
33
Authorised use or disclosure--required or authorised by law ......... 21
34
Authorised disclosure--person to whom information relates .......... 21
35
Offence for unauthorised use or disclosure ..................................... 21
36
No requirement to provide information to courts etc. ...................... 21
37
Offence for unauthorised use or disclosure--any person ................ 22
Division 3--Better practices guides and fact sheets
23
38
Better practices guides and fact sheets............................................. 23
Division 4--Annual report
24
39
Annual report ................................................................................... 24
Part 5--Parliamentary Standards Commissioner
26
Division 1--Establishment and functions and powers of the
Parliamentary Standards Commissioner
26
40
Parliamentary Standards Commissioner .......................................... 26
41
Functions of Parliamentary Standards Commissioner ..................... 26
Division 2--Alleged or suspected contraventions of
parliamentary code of conduct
28
42
Referral of alleged or suspected contravention ................................ 28
43
How alleged or suspected contraventions must be dealt with .......... 28
44
Assessment and preliminary enquiries............................................. 30
45
Inquiries ........................................................................................... 32
46
Report of inquiry ............................................................................. 34
47
Opportunity to be heard ................................................................... 35
48
Parliamentary Standards Commissioner to give report to
Committee ....................................................................................... 36
49
Advice of outcome of inquiry .......................................................... 37
50
Public advice of outcome of inquiry ................................................ 38
51
Report to House ............................................................................... 38
52
Failure to comply with parliamentary code of conduct.................... 39
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
iii
Division 3--Alleged or suspected contraventions of ministerial
code of conduct
41
53
Referral of alleged or suspected contravention ................................ 41
54
How alleged or suspected contraventions must be dealt with .......... 41
55
Assessment and preliminary enquiries............................................. 43
56
Inquiries ........................................................................................... 45
57
Report of inquiry ............................................................................. 46
58
Opportunity to be heard ................................................................... 48
59
Parliamentary Standards Commissioner to give report to
Prime Minister ................................................................................. 49
60
Advice of outcome of inquiry .......................................................... 49
61
Public advice of outcome of inquiry ................................................ 50
62
Report to House ............................................................................... 51
Division 4--Confidentiality of information
52
63
Interpretation ................................................................................... 52
64
Authorised use or disclosure--performing functions etc. ................ 52
65
Authorised use or disclosure--required or authorised by law ......... 53
66
Authorised disclosure--person to whom information relates .......... 53
67
Offence for unauthorised use or disclosure ..................................... 53
68
No requirement to provide information to courts etc. ...................... 54
69
Offences for unauthorised use or disclosure--any person ............... 54
Division 5--Annual report
56
70
Annual report ................................................................................... 56
Part 6--Administrative provisions relating to the
Parliamentary Integrity Adviser and Parliamentary
Standards Commissioner
58
Division 1--Administrative provisions relating to the
Parliamentary Integrity Adviser
58
71
Appointment of Parliamentary Integrity Adviser ............................ 58
72
General terms and conditions of appointment ................................. 59
73
Other paid work ............................................................................... 59
74
Remuneration .................................................................................. 59
75
Leave of absence ............................................................................. 60
76
Resignation ...................................................................................... 60
77
Removal from office ........................................................................ 60
78
Disclosure of interests ..................................................................... 61
79
Acting appointments ........................................................................ 61
80
Assistance to Parliamentary Integrity Adviser ................................. 62
iv
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Division 2--Administrative provisions relating to the
Parliamentary Standards Commissioner
63
81
Appointment of Parliamentary Standards Commissioner ................ 63
82
General terms and conditions of appointment ................................. 64
83
Other paid work ............................................................................... 64
84
Remuneration .................................................................................. 64
85
Leave of absence ............................................................................. 65
86
Resignation ...................................................................................... 65
87
Removal from office ........................................................................ 65
88
Disclosure of interests ..................................................................... 66
89
Acting appointments ........................................................................ 67
90
Assistance to Parliamentary Standards Commissioner .................... 67
91
Assistant Parliamentary Standards Commissioner........................... 68
Division 3--Approval or rejection of recommendations for
appointments
69
92
Committees may approve or reject recommendation for
appointment ..................................................................................... 69
Part 7--Miscellaneous
70
93
Offence of victimisation .................................................................. 70
94
Protection from liability................................................................... 70
95
Immunities from certain State and Territory laws ........................... 71
96
Review relating to Independent Parliamentary Standards
Authority ......................................................................................... 71
97
Review relating to lobbying and post-separation employment ........ 72
98
Review relating to political finance, funding, donations and
campaign regulation ........................................................................ 73
99
Review of operation of Act ............................................................. 74
100
Schedules ......................................................................................... 76
101
Regulations ...................................................................................... 76
Schedule 1--House of Representatives--Register of
Members' Interests
77
1
Registration of Members' interests .................................................. 77
2
Registrable interests ......................................................................... 77
3
Register and Registrar of Members' Interests.................................. 79
Schedule 2--The Senate--Register of Senators'
Interests
81
1
Registration of Senators' Interests ................................................... 81
2
Registrable interests of spouses or partners and dependants ............ 82
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
v
3
Registrable interests ......................................................................... 82
4
Register and Registrar of Senators' Interests ................................... 83
5
Interpretation ................................................................................... 84
Schedule 3--Amendments
85
Public Interest Disclosure Act 2013
85
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
1
A Bill for an Act to enhance the integrity of the
1
Parliament of Australia, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act is the
National Integrity (Parliamentary Standards) Act
7
2019
.
8
Part 1
Preliminary
Section 2
2
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
101
The later of:
(a) day after the day on which the
Consolidated Revenue Fund is
appropriated under an Act to the
Department in which this Act is
administered for payment for the
purposes of this Act; and
(b) the day section 3 of the
National
Integrity Commission Act 2019
commences.
However, the provisions do not commence
at all unless both of the events mentioned in
paragraphs (a) and (b) occur.
3. Schedules 1 to
3
At the same time as the provisions covered
by table item 2.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
Preliminary
Part 1
Section 3
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
3
3 Objects of Act
1
(1) The object of this Act is to promote public trust and confidence in
2
the integrity of the institutions of the Parliament, and of
3
parliamentarians, and ensure that the responsibilities and
4
obligations of parliamentarians reflect community expectations and
5
community standards, by:
6
(a) providing for a statement of values for parliamentarians, and
7
their staff; and
8
(b) providing for a code of conduct for parliamentarians, and
9
their staff; and
10
(c) providing for a register of interests for parliamentarians; and
11
(d) helping parliamentarians, their staff, and others to deal
12
appropriately with ethics or integrity issues including by
13
complying with this Act; and
14
(e) providing for the investigation, referral and resolution of
15
alleged contraventions of this Act or associated standards;
16
and
17
(f) making consequential amendments to certain other Acts;
18
(2) To assist in achieving the objects in paragraphs (1)(a) to (d), this
19
Act establishes the office of the Parliamentary Integrity Adviser.
20
(3) To assist in achieving the objects in paragraph (1)(e), this Act
21
establishes the office of the Parliamentary Standards
22
Commissioner.
23
4 Saving of powers, privileges and immunities
24
Except as expressly provided otherwise in this Act, this Act does
25
not affect the powers, privileges and immunities of each House of
26
the Parliament, and of the members and committees of each House.
27
5 Act binds the Crown
28
This Act binds the Crown in right of the Commonwealth.
29
Part 1
Preliminary
Section 6
4
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
6 Application of Act
1
This Act applies both within and outside Australia and extends to
2
every external Territory.
3
7 Definitions
4
(1) In this Act:
5
applicable code of conduct
means:
6
(a) in the case of a Minister:
7
(i) a Ministerial code of conduct imposed by the Prime
8
Minister on the Prime Minister's Ministers, including
9
the
Statement of Ministerial Standards
dated 30 August
10
2018 and as revised from time to time and any
11
replacement document; or
12
(ii) a Ministerial code of conduct prescribed by the
13
regulations for the purposes of this definition; or
14
(iii) a Ministerial code of conduct adopted by resolution of
15
the House of which the Minister is or was a member; or
16
(b) in the case of a parliamentarian (including a Minister)--a
17
parliamentary code of conduct.
18
child
: without limiting who is a child of a person for the purposes
19
of this Act, someone is the
child
of a person if he or she is a child
20
of the person within the meaning of the
Family Law Act 1975
.
21
civil penalty provision
means a provision of a law of the
22
Commonwealth or of a State or Territory in relation to a
23
contravention of which a civil penalty may be imposed.
24
conflict of interest
has its ordinary meaning and, without limiting
25
the ordinary meaning, includes a parliamentarian:
26
(a) participating; or
27
(b) making a decision;
28
in the execution of the parliamentarian's office which furthers the
29
private interests of the parliamentarian, or the private interests of a
30
specified person or organisation, or the interests of a foreign
31
power.
32
Preliminary
Part 1
Section 7
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
5
conflict of interest issue
is an issue whether a person:
1
(a) had, or may have had, a conflict of interest; or
2
(b) has, or may have, a conflict of interest; or
3
(c) will, or may at any time in the future, have a conflict of
4
interest;
5
and includes a reasonably held perception that a person had, has or
6
will have a conflict of interest.
7
criminal offence
means an offence against a law of the
8
Commonwealth or of a State or Territory.
9
disciplinary proceeding
has the same meaning as in the
National
10
Integrity Commission Act 2019
.
11
engage in conduct
means:
12
(a) do an act; or
13
(b) omit to do an act.
14
ethics or integrity issue
means an issue concerning ethics or
15
integrity and includes a conflict of interest issue.
16
former parliamentarian
means person who was, but is no longer, a
17
parliamentarian.
18
gift
means a gift whether it is or is not registrable in accordance
19
with this Act or a resolution or resolutions of a House of the
20
Parliament.
21
interest
means an interest whether it is or is not registrable in
22
accordance with this Act or a resolution or resolutions of a House
23
of the Parliament.
24
Law Enforcement Integrity Commissioner
means the person
25
appointed under section 175 of the
Law Enforcement Integrity
26
Commissioner Act 2006
as the Integrity Commissioner.
27
paid work
means work for financial gain or reward (whether as an
28
employee, a self-employed person or otherwise).
29
parliamentarian
means:
30
(a) a senator; or
31
Part 1
Preliminary
Section 7
6
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
(b) a member of the House of Representatives; or
1
(c) a Minister of State who is not a senator or member of the
2
House of Representatives; or
3
(d) a person who is taken to be the President of the Senate under
4
the
Parliamentary Presiding Officers Act 1965
and who is
5
not a senator or member of the House of Representatives; or
6
(e) a person who is taken to be the Speaker of the House of
7
Representatives under the
Parliamentary Presiding Officers
8
Act 1965
and who is not a senator or member of the House of
9
Representatives.
10
parliamentary code of conduct
means.
11
(a) the code of conduct in Division 2 of Part 2; or
12
(b) a code of conduct for parliamentarians adopted by resolution
13
of the House of which the parliamentarian is or was a
14
member, to the extent that the code is of effect in accordance
15
with section 20.
16
parliamentary remuneration, expenses or allowances
means
17
official allowances (including allowances by way of salary),
18
expenses and entitlements (including superannuation entitlements)
19
of parliamentarians under the
Remuneration Tribunal Act 1973,
20
Independent Parliamentary Expenses Authority Act 2017
or any
21
other law of the Commonwealth.
22
Presiding Officer
means:
23
(a) in relation to the Senate--the President of the Senate; or
24
(b) in relation to the House of Representatives--the Speaker of
25
the House of Representatives.
26
Presiding Officers
means the President of the Senate and the
27
Speaker of the House of Representatives acting jointly.
28
protected Adviser information
: see subsection 31(1).
29
protected Commissioner information
: see subsection 63(1).
30
public official
has the same meaning as in the
National Integrity
31
Commission Act 2019
.
32
relevant document
means:
33
Preliminary
Part 1
Section 7
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
7
(a) for a request for advice under Subdivision A of Division 4 of
1
Part 4--see subsection 31(2); or
2
(b) for an alleged or suspected contravention of a provision of an
3
applicable code of conduct under Division 2 or 3 of Part 5--
4
see subsection 63(2).
5
sensitive information
has the same meaning as in the
National
6
Integrity Commission Act 2019
.
7
staff
, in relation a parliamentarian, means a person employed by
8
the parliamentarian under the
Members of Parliament (Staff) Act
9
1984
.
10
use
, in relation to information, includes make a record of.
11
(2) For the purposes of this Act, a family member, in relation to any
12
person, is taken to include the following (without limitation):
13
(a) a de facto partner of the person (within the meaning of the
14
Acts Interpretation Act 1901
);
15
(b) someone who is the child of the person, or of whom the
16
person is the child, because of the definition of
child
in this
17
section;
18
(c) anyone else who would be a family member of the person if
19
someone mentioned in paragraph (a) or (b) is taken to be a
20
family member of the person.
21
Part 2
Parliamentary values and conduct
Division 1
Statement of parliamentary values
Section 8
8
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Part 2--Parliamentary values and conduct
1
Division 1--Statement of parliamentary values
2
8 Parliamentary values
3
(1) Parliamentarians are public officials who have responsibility to
4
secure and sustain the public trust against abuse or harm.
5
(2) Parliamentarians should demonstrate the following values in
6
carrying out their public duties:
7
(a) selflessness;
8
(b) integrity;
9
(c) objectivity;
10
(d) accountability;
11
(e) openness;
12
(f) honesty;
13
(g) leadership.
14
(3) The code of conduct in Division 2 sets out the manner in which a
15
parliamentarian demonstrates the values set out in subsection (2) of
16
this section.
17
Parliamentary values and conduct
Part 2
Parliamentary code of conduct
Division 2
Section 9
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
9
Division 2--Parliamentary code of conduct
1
9 Upholding democracy and respecting others regardless of
2
background
3
A parliamentarian must:
4
(a) make the performance of their public duties their prime
5
responsibility; and
6
(b) exercise reasonable care and diligence in performing their
7
public duties; and
8
(c) submit themselves to the lawful scrutiny appropriate to their
9
office; and
10
(d) treat all persons with respect and have due regard for their
11
opinions, beliefs, experiences, rights and responsibilities.
12
10 Conflicts of interest
13
(1) A parliamentarian must:
14
(a) declare any actual or perceived conflict of interest, including
15
when speaking or voting in parliamentary proceedings
16
(including the proceedings of parliamentary committees); and
17
(b) avoid any actual or perceived conflict of interest, including,
18
where appropriate, by recusing themselves from speaking or
19
voting in parliamentary proceedings (including the
20
proceedings of parliamentary committees).
21
(2) Without limiting subsection (1), a parliamentarian has a conflict of
22
interest if the parliamentarian:
23
(a) participates; or
24
(b) makes a decision;
25
in the execution of the parliamentarian's office which furthers the
26
private interests of the parliamentarian, or the private interests of a
27
specified person or organisation, or the interests of a foreign
28
power.
29
(3) Without limiting subsection (1), a parliamentarian does not have a
30
conflict of interest if the parliamentarian or a specified person is
31
only affected as a member of the public or a broad class of persons.
32
Part 2
Parliamentary values and conduct
Division 2
Parliamentary code of conduct
Section 11
10
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
11 Using position for profit
1
(1) A parliamentarian must not:
2
(a) receive a fee, payment, retainer or reward; or
3
(b) permit any compensation to accrue to their beneficial interest
4
or the beneficial interest of a specified person; or
5
(c) entertain or accept an offer or expectation of a future fee,
6
payment, retainer, reward or compensation to themselves or a
7
specified person;
8
for, or on account of, or as a result of the use of, their position as a
9
parliamentarian.
10
(2) Subsection (1) does not apply to any parliamentary salary or
11
work-related parliamentary expenses or allowances, the Budget or
12
other public resources under the
Remuneration Tribunal Act 1973,
13
Independent Expenses Authority Act 2017
or any other law.
14
12 Outside employment and activities
15
A parliamentarian may engage in employment, business and
16
community activities outside of their duties as a parliamentarian,
17
but must avoid any actual or perceived conflict of interest that
18
might arise from those activities, including where the activities
19
compromise the parliamentarian's ability to fulfil their public
20
duties.
21
13 Accepting any gift, hospitality or other benefit
22
A parliamentarian must not accept any gift, hospitality or other
23
benefit which:
24
(a) creates an actual or perceived conflict of interest; or
25
(b) might create a perception of an attempt to influence the
26
parliamentarian in the exercise of their public duties.
27
14 Use of influence
28
A parliamentarian:
29
(a) must exercise their influence as a parliamentarian
30
responsibly; and
31
Parliamentary values and conduct
Part 2
Parliamentary code of conduct
Division 2
Section 15
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
11
(b) must not use their influence to improperly further their
1
private interests, or the private interests of a specified person
2
or organisation, or the interests of a foreign power.
3
15 Use of public resources
4
A parliamentarian must comply with:
5
(a) the
Remuneration Tribunal Act 1973
, the
Independent
6
Parliamentary Expenses Authority Act 2017
and any
7
regulations made under those Acts; and
8
(b) any other law, rule or guidance regarding the use of public
9
resources.
10
16 Personal conduct
11
(1) A parliamentarian must ensure that their conduct as a
12
parliamentarian does not bring discredit upon the Parliament.
13
(2) A parliamentarian:
14
(a) must act ethically, reasonably and in good faith when using,
15
and accounting for the use of, public resources in relation to
16
the performance of their public duties;
17
(b) must not deliberately mislead the Parliament or the public
18
about any matter relating to the performance of their public
19
duties;
20
(c) must not bully or harass any person;
21
(d) must act in a manner that is consistent with the values of
22
respect and inclusion; and
23
(e) must not knowingly humiliate or degrade an individual or
24
community based on their colour, national or ethnic origin,
25
culture, religious belief, gender or sexual orientation, or
26
incite hatred or create fear of a community.
27
(3) A parliamentarian must be fair, objective and courteous:
28
(a) in their dealings with the community; and
29
(b) without detracting from the importance of robust public
30
debate in a democracy, in their dealings with other
31
parliamentarians.
32
Part 2
Parliamentary values and conduct
Division 2
Parliamentary code of conduct
Section 17
12
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
17 Managing confidential and personal information
1
(1) A parliamentarian must not use confidential information gained in
2
the performance of their public duties to further their private
3
interests, or the private interests of a specified person or
4
organisation, or the interests of a foreign power.
5
(2) A parliamentarian must respect the confidentiality of information
6
they receive in the course of their public duties.
7
18 Post-retirement activities
8
A former parliamentarian must not take improper advantage of any
9
office held as a parliamentarian after they cease to be a
10
parliamentarian.
11
19 Staff of parliamentarians
12
The duties and obligations of this Part apply to a person employed
13
under the
Members of Parliament (Staff) Act 1984
as if that person
14
were a parliamentarian.
15
20 Extending code of conduct
16
(1) Subject to subsection (2), this Act is not intended to exclude or
17
limit the power of a House of the Parliament to adopt, by
18
resolution, a code of conduct or the operation of such a code of
19
conduct.
20
(2) A code of conduct adopted by a House of the Parliament that is
21
inconsistent with this Division has no effect to the extent of the
22
inconsistency, but the code of conduct is taken to be consistent
23
with this Division to the extent that the code of conduct is capable
24
of operating concurrently with this Division.
25
Registers of Interests
Part 3
Section 21
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
13
Part 3--Registers of Interests
1
2
21 Register of interests--House of Representatives
3
(1) A member of the House of Representatives must register the
4
member's interests as provided for in Schedule 1.
5
(2) The House of Representatives may, by resolution carried by two
6
thirds of Members, impose additional requirements to those in
7
Schedule 1, so long as the additional requirements are not
8
inconsistent with Schedule 1.
9
22 Register of interests--Senate
10
(1) A senator must register the senator's interests as provided for in
11
Schedule 2.
12
(2) The Senate may, by resolution carried by two thirds of Senators,
13
impose additional requirements to those in Schedule 2, so long as
14
the additional requirements are not inconsistent with Schedule 2.
15
Part 4
Parliamentary Integrity Adviser
Division 1
Establishment and functions and powers of the Parliamentary Integrity
Adviser
Section 23
14
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Part 4--Parliamentary Integrity Adviser
1
Division 1--Establishment and functions and powers of the
2
Parliamentary Integrity Adviser
3
23 Parliamentary Integrity Adviser
4
(1) There is to be a Parliamentary Integrity Adviser.
5
(2) The Parliamentary Integrity Adviser is an independent officer of
6
the Parliament.
7
(3) Subject to this Act and to any other laws of the Commonwealth,
8
the Parliamentary Integrity Adviser is not subject to direction by
9
any person in the performance or exercise of the Parliamentary
10
Integrity Adviser's functions or powers.
11
24 Functions of Parliamentary Integrity Adviser
12
(1) The Parliamentary Integrity Adviser has the following functions:
13
(a) at the request of a parliamentarian, a former parliamentarian,
14
or a person employed under the
Members of Parliament
15
(Staff) Act 1984
, to provide independent confidential advice,
16
which may be requested to be in writing, to that
17
parliamentarian or person about:
18
(i) an applicable code of conduct, including a
19
parliamentary code of conduct; or
20
(ii) parliamentary remuneration, expenses or allowances; or
21
(iii) an ethics or integrity issue; or
22
(iv) an interest, including an actual or potential conflict of
23
interest issue; or
24
(v) a matter of propriety, including the receipt of a gift; or
25
(vi) any similar issue;
26
whether the request for advice relates to an issue that arose
27
before or after the commencement of this Act in relation to
28
the parliamentarian, the former parliamentarian or the person
29
employed under the
Members of Parliament (Staff) Act 1984
;
30
Parliamentary Integrity Adviser
Part 4
Establishment and functions and powers of the Parliamentary Integrity Adviser
Division 1
Section 24
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
15
(b) at the request of a Minister, to provide independent
1
confidential advice, which may be requested to be in writing,
2
to that Minister about the Minister's compliance with an
3
applicable code of conduct being a Ministerial code of
4
conduct, whether the request for advice relates to an issue
5
that arose before or after the commencement of this Act in
6
relation to the Minister;
7
(c) to act as the registrar of statements of interests for members
8
of the House of Representatives and for senators, as provided
9
for in Schedules 1 and 2;
10
(d) at the request of a Presiding Officer or a committee of a
11
House of the Parliament, to provide independent confidential
12
written advice in relation to any matter related to the objects
13
of this Act;
14
(e) to prepare better practice guides and fact sheets, in relation to
15
matters of conduct, propriety and ethics, for Ministers,
16
parliamentarians, former parliamentarians and persons
17
employed under the
Members of Parliament (Staff) Act 1984
;
18
(f) to provide an annual report to the Parliament outlining the
19
nature of all matters considered under paragraphs (a) and (b),
20
without identifying any of the parties involved;
21
(g) any other function conferred by this Act or another Act (or an
22
instrument under this Act or another Act) on the
23
Parliamentary Integrity Adviser.
24
(2) The Parliamentary Integrity Adviser has power to do all things
25
necessary or convenient to be done for or in connection with the
26
performance of the Parliamentary Integrity Adviser's functions.
27
Part 4
Parliamentary Integrity Adviser
Division 2
Provision of advice
Section 25
16
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Division 2--Provision of advice
1
Subdivision A--Requests for advice
2
25 Parliamentarian, former parliamentarian or staff may request
3
advice
4
(1) A parliamentarian, a former parliamentarian, or a person employed
5
under the
Members of Parliament (Staff) Act 1984
, may request
6
advice from the Parliamentary Integrity Adviser about:
7
(a) an applicable code of conduct, including a parliamentary
8
code of conduct; or
9
(b) parliamentary remuneration, expenses or allowances; or
10
(c) an ethics or integrity issue; or
11
(d) an interest, including an actual or potential conflict of interest
12
issue; or
13
(e) a matter of propriety, including the receipt of a gift; or
14
(f) any similar issue;
15
whether the request for advice relates to an issue that arose before
16
or after the commencement of this Act.
17
(2) A request for advice must be about a matter relating to:
18
(a) the parliamentarian or the former parliamentarian requesting
19
the advice; or
20
(b) the person employed under the
Members of Parliament
21
(Staff) Act 1984
requesting the advice; or
22
(c) a family member of the parliamentarian, the former
23
parliamentarian or person employed under the
Members of
24
Parliament (Staff) Act 1984
requesting the advice; or
25
(d) a person employed or formerly employed under the
Members
26
of Parliament (Staff) Act 1984
by the parliamentarian or the
27
former parliamentarian requesting the advice.
28
(3) Despite subsection (2), a parliamentarian who is the leader of a
29
political party may request advice about a matter relating to:
30
(a) a parliamentarian who is a member of that political party; or
31
Parliamentary Integrity Adviser
Part 4
Provision of advice
Division 2
Section 26
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
17
(b) a person employed under the
Members of Parliament (Staff)
1
Act 1984
by a parliamentarian who is a member of that
2
political party; or
3
(c) a family member of a parliamentarian who is a member of
4
that political party;
5
provided that in all cases, the leader of the political party must first
6
inform the parliamentarian, person or family member concerned of
7
their intention to request the advice.
8
(4) To avoid doubt, a request for advice may not be about a matter
9
relating to any other parliamentarian or person, expect as provided
10
for in subsection (2) or (3).
11
26 Minister may request advice
12
(1) A Minister may request advice from the Parliamentary Integrity
13
Adviser about any issue relating to compliance with an applicable
14
code of conduct, being a Ministerial code of conduct, whether the
15
request for advice relates to an issue that arose before or after the
16
commencement of this Act.
17
(2) A request for advice must be about a matter relating to:
18
(a) the Minister requesting the advice; or
19
(b) a family member of the Minister requesting the advice; or
20
(c) a person employed or formerly employed under the
Members
21
of Parliament (Staff) Act 1984
by the Minister requesting the
22
advice.
23
(3) Despite subsection (2), the Prime Minister may request advice
24
about a matter relating to:
25
(a) a Minister or former Minister; or
26
(b) a person employed under the
Members of Parliament (Staff)
27
Act 1984
by a Minister; or
28
(c) a family member of a Minister;
29
provided that in all cases, the Prime Minister must first inform the
30
Minister, person or family member concerned of their intention to
31
request the advice.
32
Part 4
Parliamentary Integrity Adviser
Division 2
Provision of advice
Section 27
18
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
(4) To avoid doubt, a request for advice may not be about a matter
1
relating to any other parliamentarian or person, except as provided
2
for in subsection (2) or (3).
3
27 Presiding Officer or chair of committee may request advice
4
A Presiding Officer or a chair of a committee of a House of the
5
Parliament may request advice from the Parliamentary Integrity
6
Adviser about any ethics or integrity issue, or any general matter
7
relating to ethics and integrity including revision or development
8
of a code of conduct, as may relate to the roles, functions and
9
operations of that House or committee.
10
28 Requirements relating to requests for advice
11
(1) If requested by the Parliamentary Integrity Adviser, a request for
12
advice under section 25, 26 or 27 must be in writing.
13
(2) The person making the request for advice must disclose to the
14
Parliamentary Integrity Adviser all information relevant to the
15
matter or issue the subject of the request.
16
(3) The Parliamentary Integrity Adviser may request additional
17
information from the person for the purpose of giving the advice.
18
The request must explain how the additional information relates to
19
request for advice.
20
29 Provision of advice
21
(1) If a person makes a request for advice on a matter or issue under
22
section 25, 26 or 27, the Parliamentary Integrity Adviser must give
23
the person advice on the matter or issue.
24
(2) However, subsection (1) does not apply if the Parliamentary
25
Integrity Adviser:
26
(a) reasonably believes that:
27
(i) the Parliamentary Integrity Adviser does not have
28
sufficient information in relation to the matter or issue
29
to give the advice (whether or not after making a request
30
for additional information under section 28); or
31
Parliamentary Integrity Adviser
Part 4
Provision of advice
Division 2
Section 30
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
19
(ii) the advice is asked for in circumstances where the
1
giving of the advice would not be in keeping with the
2
objects of this Act; and
3
(b) gives the person written reasons for refusing to give the
4
advice.
5
(3) If the person requests advice in writing, or the Parliamentary
6
Integrity Adviser decides that the advice should be provided in
7
writing, then the advice must be in writing.
8
(4) In giving advice under subsection (1), the Parliamentary Integrity
9
Adviser:
10
(a) must have regard to the ethical principles set out in an
11
applicable code of conduct; and
12
(b) may have regard to any other ethical standards the
13
Parliamentary Integrity Adviser considers appropriate.
14
30 Limited protection from acting on conflict of interest issue
15
(1) This section applies if a person:
16
(a) requests advice under section 25, 26 or 27 on a conflict of
17
interest issue involving the person; and
18
(b) discloses all information relevant to the matter or issue the
19
subject of the request when seeking the advice; and
20
(c) makes the request in writing; and
21
(d) receives written advice from the Parliamentary Integrity
22
Adviser on the issue; and
23
(e) does an act to resolve the conflict of interest issue
24
substantially in accordance with the Parliamentary Integrity
25
Adviser's advice on the issue.
26
(2) The person is not subject to any civil liability for, or in relation to,
27
the act.
28
(3) To avoid any doubt, subsection (2) does not affect the person's
29
liability for any act or omission done or made in connection with
30
the conflict of interest issue before the person receives the
31
Parliamentary Integrity Adviser's advice.
32
Part 4
Parliamentary Integrity Adviser
Division 2
Provision of advice
Section 31
20
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Subdivision B--Confidentiality of information
1
31 Interpretation
2
(1)
Protected Adviser information
is information about a person,
3
matter or issue obtained by the Parliamentary Integrity Adviser in
4
the course of exercising powers, or performing duties or functions,
5
under or in accordance with this Division.
6
(2) Each of the following documents is a
relevant document
for a
7
request for advice under Subdivision A:
8
(a) a written request, if made in writing;
9
(b) any other records of the request;
10
(c) any documents given under subsection 28(2) in relation to the
11
request;
12
(d) any additional information given under subsection 28(3) in
13
relation to the request;
14
(e) any written reasons given by the Parliamentary Integrity
15
Adviser under subsection 28(3) in relation to additional
16
information sought;
17
(f) any written advice given by the Parliamentary Integrity
18
Adviser under subsection 29(1) in relation to the request.
19
(3) A reference in this Subdivision to the Parliamentary Integrity
20
Adviser includes a reference to a person assisting the
21
Parliamentary Integrity Adviser under section 80.
22
32 Authorised use or disclosure--performing functions etc.
23
The Parliamentary Integrity Adviser may use or disclose protected
24
Adviser information if the Parliamentary Integrity Adviser uses or
25
discloses the information for the purposes of performing functions
26
or duties or exercising powers under this Division.
27
Note 1:
This section is an authorisation for the purposes of other laws,
28
including the Australian Privacy Principles.
29
Note 2:
Use, in relation to information, includes make a record of (see the
30
definition of
use
in section 7).
31
Parliamentary Integrity Adviser
Part 4
Provision of advice
Division 2
Section 33
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
21
33 Authorised use or disclosure--required or authorised by law
1
The Parliamentary Integrity Adviser may use or disclose protected
2
Adviser information if the use or disclosure is required or
3
authorised by or under a law of the Commonwealth, or of a State or
4
Territory.
5
Note:
This section is an authorisation for the purposes of other laws,
6
including the Australian Privacy Principles.
7
34 Authorised disclosure--person to whom information relates
8
The Parliamentary Integrity Adviser may disclose protected
9
Adviser information to the person to whom the protected Adviser
10
information relates.
11
Note:
This section is a requirement for the purposes of other laws, including
12
the Australian Privacy Principles.
13
35 Offence for unauthorised use or disclosure
14
(1) A person commits an offence if:
15
(a) the person is or was the Parliamentary Integrity Adviser; and
16
(b) the person has obtained protected Adviser information; and
17
(c) the person uses or discloses the information; and
18
(d) the use or disclosure is not authorised or required by a
19
provision in this Subdivision.
20
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
21
(2) Subsection (1) does not apply to a person to the extent that the
22
person uses or discloses protected information in good faith and in
23
purported compliance with a provision in this Subdivision.
24
Note:
A defendant bears an evidential burden in relation to the matters in
25
this section (see subsection 13.3(3) of the
Criminal Code
).
26
36 No requirement to provide information to courts etc.
27
Except where it is necessary to do so for the purposes of giving
28
effect to this Act, the Parliamentary Integrity Adviser is not to be
29
required to disclose protected Adviser information, or produce a
30
document containing protected Adviser information, to:
31
Part 4
Parliamentary Integrity Adviser
Division 2
Provision of advice
Section 37
22
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
(a) a court; or
1
(b) a tribunal, authority or person that has the power to require
2
the answering of questions or the production of documents.
3
37 Offence for unauthorised use or disclosure--any person
4
(1) A person other than the Parliamentary Integrity Advisor must not
5
record, use or disclose information in relation to an ethics or
6
integrity issue about another person that came to the person's
7
knowledge because of the person's involvement in the
8
administration of this Act.
9
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
10
(2) Subsection (1) does not apply to a person's recording, use or
11
disclosure of information if the recording, use or disclosure is:
12
(a) in the performance of his or her functions under this Act; or
13
(b) authorised under this or another Act.
14
Note:
A defendant bears an evidential burden in relation to the matters in
15
this section (see subsection 13.3(3) of the
Criminal Code
).
16
(3) A person other than the Parliamentary Integrity Advisor who is or
17
has been involved in the administration of this Act is not, in any
18
proceeding, compellable to disclose information in relation to an
19
ethics or integrity issue about another person that came to the
20
person's knowledge because of the person's involvement in the
21
administration of this Act.
22
Parliamentary Integrity Adviser
Part 4
Better practices guides and fact sheets
Division 3
Section 38
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
23
Division 3--Better practices guides and fact sheets
1
38 Better practices guides and fact sheets
2
The Parliamentary Integrity Adviser may promote better practice in
3
relation to matters of conduct, propriety, ethics and integrity for
4
parliamentarians, former parliamentarians, and persons employed
5
under the
Members of Parliament (Staff) Act 1984
, by preparing
6
and disseminating better practice guides and fact sheets to those
7
persons.
8
Part 4
Parliamentary Integrity Adviser
Division 4
Annual report
Section 39
24
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Division 4--Annual report
1
39 Annual report
2
(1) The Parliamentary Integrity Adviser must prepare and give:
3
(a) the President of the Senate for presentation to the Senate; and
4
(b) the Speaker of the House of Representatives for presentation
5
to the House of Representatives;
6
a report on the activities of the Parliamentary Integrity Adviser
7
during a financial year.
8
Note:
See also section 34C of the
Acts Interpretation Act 1901
, which
9
contains extra rules about annual reports.
10
(2) A report under subsection (1) must include:
11
(a) the number of times advice was prepared by the
12
Parliamentary Integrity Adviser during the year, including
13
information about:
14
(i) the number of times advice related to an applicable code
15
of conduct or a part thereof; and
16
(ii) the types of gifts to which advice related; and
17
(iii) the types of interest to which advice related; and
18
(b) the general nature of the advice that was prepared by the
19
Parliamentary Integrity Adviser during the year; and
20
(c) details of any better practice guides or fact sheets prepared
21
and disseminated by the Parliamentary Integrity Adviser
22
during the year.
23
(3) A report under subsection (1) may include such other information
24
relating to the objects of this Act and the activities of the
25
Parliamentary Integrity Adviser, as the Parliamentary Integrity
26
Adviser considers appropriate.
27
(4) Despite subsection (3), a report under subsection (1) must not
28
include information likely to identify a specific request for the
29
Parliamentary Integrity Adviser's advice on any matter or issue,
30
including information likely to identify:
31
(a) a person who requested the Parliamentary Integrity Adviser's
32
advice; or
33
Parliamentary Integrity Adviser
Part 4
Annual report
Division 4
Section 39
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
25
(b) in the case of a family member or employee about whom the
1
Parliamentary Integrity Adviser's advice was requested, that
2
family member or employee.
3
Part 5
Parliamentary Standards Commissioner
Division 1
Establishment and functions and powers of the Parliamentary Standards
Commissioner
Section 40
26
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Part 5--Parliamentary Standards Commissioner
1
Division 1--Establishment and functions and powers of the
2
Parliamentary Standards Commissioner
3
40 Parliamentary Standards Commissioner
4
(1) There is to be a Parliamentary Standards Commissioner.
5
(2) The Parliamentary Standards Commissioner is an independent
6
officer of the Parliament.
7
41 Functions of Parliamentary Standards Commissioner
8
(1) The Parliamentary Standards Commissioner has the following
9
functions:
10
(a) to investigate alleged or suspected contraventions of this Act
11
or any applicable code of conduct, including a parliamentary
12
code of conduct;
13
(b) at the request of a Minister, including the Prime Minister, to
14
investigate alleged or suspected contraventions of an
15
applicable code of conduct, being a Ministerial code of
16
conduct, whether the request for advice relates to an issue
17
that arose before or after the commencement of this Act in
18
relation to the Minister;
19
(c) at the request of a Presiding Officer or a committee of a
20
House of the Parliament, to inquire into and report upon any
21
matter related to ethical and integrity standards among
22
parliamentarians or their staff;
23
(d) to provide an annual report to the Parliament outlining the
24
nature of all matters considered under paragraphs (a) and (b),
25
without identifying any of the parties involved;
26
(e) any other function conferred by this Act or another Act (or an
27
instrument under this Act or another Act) on the
28
Parliamentary Standards Commissioner.
29
Parliamentary Standards Commissioner
Part 5
Establishment and functions and powers of the Parliamentary Standards Commissioner
Division 1
Section 41
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
27
(2) The Parliamentary Standards Commissioner has power to do all
1
things necessary or convenient to be done for or in connection with
2
the performance of the Parliamentary Standards Commissioner's
3
functions.
4
Part 5
Parliamentary Standards Commissioner
Division 2
Alleged or suspected contraventions of parliamentary code of conduct
Section 42
28
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Division 2--Alleged or suspected contraventions of
1
parliamentary code of conduct
2
42 Referral of alleged or suspected contravention
3
(1) A person who considers that there has been a contravention of a
4
provision of a parliamentary code of conduct may refer the alleged
5
or suspected contravention to:
6
(a) the Presiding Officer of the House of the Parliament of which
7
the Member who is alleged to have contravened the
8
requirement is a Member; or
9
(b) the Privileges Committee of the House of the Parliament of
10
which the Member who is alleged to have contravened the
11
requirement is a Member; or
12
(c) the Parliamentary Standards Commissioner.
13
(2) Without limiting subsection (1):
14
(a) the person may refer the allegation or information
15
anonymously; and
16
(b) the person may refer the allegation or information either
17
orally or in writing.
18
(3) If the person refers the allegation or information orally, the
19
Presiding Officer, Privileges Committee or Parliamentary
20
Standards Commissioner may require the person to put the
21
allegation or the information in writing.
22
(4) If the person is asked to put the allegation or information in writing
23
under subsection (3), the Presiding Officer, Privileges Committee
24
or Parliamentary Standards Commissioner may refuse to deal
25
further with the allegation or information until the allegation or
26
information is put in writing.
27
43 How alleged or suspected contraventions must be dealt with
28
(1) A Presiding Officer or Privileges Committee who receives a
29
referral under subsection 42(1) must refer the alleged or suspected
30
contravention to the Parliamentary Standards Commissioner.
31
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of parliamentary code of conduct
Division 2
Section 43
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
29
(2) If the Parliamentary Standards Commissioner determines that a
1
referral under this Division may involve conduct that may
2
constitute a criminal offence, the Parliamentary Standards
3
Commissioner must refer the alleged contravention to the National
4
Integrity Commissioner, the Australian Federal Police or another
5
appropriate law enforcement agency.
6
Note:
Division 2 of Part 4 of the
National Integrity Commission Act 2019
7
provides how the National Integrity Commissioner deals with
8
corruption issues including criminal offences.
9
(3) If the Parliamentary Standards Commissioner determines that a
10
referral under this Division involves a corruption issue within the
11
meaning of the
National Integrity Commission Act 2019
, the
12
Parliamentary Standards Commissioner must deal with the
13
corruption issue in one of the following ways:
14
(a) by inquiring into the corruption issue;
15
(b) by referring the corruption issue to the National Integrity
16
Commissioner.
17
(4) The Parliamentary Standards Commissioner may inquire into the
18
corruption issue under paragraph (3)(a) either alone or jointly with
19
the National Integrity Commissioner or with another government
20
agency with appropriate functions or powers for the purpose.
21
(5) The Parliamentary Standards Commissioner may refer the
22
corruption issue under paragraph (3)(b) with any of the following:
23
(a) a request for the National Integrity Commissioner to
24
investigate or otherwise deal with the corruption issue;
25
(b) a request for advice on how the corruption issue should be
26
investigated;
27
(c) a request for a joint investigation.
28
(6) In deciding how to deal with a corruption issue under
29
subsection (3), the Parliamentary Standards Commissioner must
30
have regard to the following:
31
(a) whether the corruption issue may involve serious corrupt
32
conduct or systemic corrupt conduct;
33
(b) the need to ensure that the corruption issue is fully
34
investigated;
35
Part 5
Parliamentary Standards Commissioner
Division 2
Alleged or suspected contraventions of parliamentary code of conduct
Section 44
30
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
(c) the rights and obligations of the National Integrity
1
Commissioner or any other agency to investigate the
2
corruption issue;
3
(d) the rights and obligations of any person who refers or
4
provides information in relation to the corruption issue,
5
including any need to protect the person's identity or
6
confidentiality or to protect the person from reprisal or
7
detrimental action;
8
(e) if a joint investigation with the National Integrity
9
Commissioner is being considered--the extent to which the
10
National Integrity Commissioner is able to cooperate in the
11
investigation;
12
(f) the resources that are available to investigate the corruption
13
issue;
14
(g) the need to ensure a balance between:
15
(i) the National Integrity Commissioner's role in dealing
16
with corruption issues (particularly in dealing with
17
significant corruption issues); and
18
(ii) ensuring that the Parliament takes responsibility for the
19
conduct of parliamentarians and their staff;
20
(h) the likely significance of the corruption issue for the
21
Parliament and for the Commonwealth.
22
(7) Subsection (6) does not limit the matters to which the
23
Parliamentary Standards Commissioner may have regard.
24
44 Assessment and preliminary enquiries
25
(1) This section applies if:
26
(a) an alleged or suspected contravention is referred to the
27
Parliamentary Standards Commissioner under this Division;
28
and
29
(b) the Parliamentary Standards Commissioner does not refer the
30
alleged or suspected contravention under either
31
subsection 43(2) or (3).
32
(2) The Parliamentary Standards Commissioner must deal with the
33
alleged or suspected contravention in one of the following ways:
34
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of parliamentary code of conduct
Division 2
Section 44
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
31
(a) by making preliminary enquiries to determine whether to
1
further inquire into the alleged or suspected contravention;
2
(b) by inquiring into the alleged or suspected contravention;
3
(c) at any time, by determining to take no further action.
4
(3) The Parliamentary Standards Commissioner may make preliminary
5
enquiries under paragraph (2)(a) in such manner as the
6
Parliamentary Standards Commissioner sees fit.
7
(4) The Parliamentary Standards Commissioner may decide under
8
paragraph (2)(c) to take no further action in relation to an alleged
9
or suspected contravention, at any time, only if the Parliamentary
10
Standards Commissioner is satisfied on reasonable grounds that:
11
(a) the contravention is already being, or will be, investigated by
12
another Commonwealth agency or resolved by another
13
process; or
14
(b) the referral of the allegation, or information, that raised the
15
contravention is frivolous or vexatious; or
16
(c) the conduct which is the subject of the alleged or suspected
17
contravention has been, is or will be, the subject of
18
proceedings before a court; or
19
(d) the subject matter of the allegation or suspicion does not
20
sufficiently relate to any provision of an applicable code of
21
conduct; or
22
(e) there is insufficient information or evidence with which to
23
deal or inquire into the contravention; or
24
(f) after due consideration, including any enquiries, there is
25
insufficient basis for concluding that a contravention has
26
occurred; or
27
(g) further action in relation to the alleged or suspected
28
contravention is not warranted having regard to all the
29
circumstances.
30
(5) Without limiting paragraph (4)(d), the Parliamentary Standards
31
Commissioner may determine that the subject matter does not
32
sufficiently relate to any provision of an applicable code of conduct
33
on the grounds that it solely or overwhelmingly concerns:
34
(a) the political position, policy, platform, views or opinions of a
35
parliamentarian; or
36
Part 5
Parliamentary Standards Commissioner
Division 2
Alleged or suspected contraventions of parliamentary code of conduct
Section 45
32
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
(b) the private or personal life of a parliamentarian or of other
1
persons.
2
(6) If, at any time, the Parliamentary Standards Commissioner forms
3
the opinion that:
4
(a) a particular action by a parliamentarian, Presiding Officer or
5
Privileges Committee could be taken to rectify or resolve an
6
issue giving rise to the alleged or suspected contravention;
7
and
8
(b) the action would not prejudice any further inquiry or other
9
inquiry, or the making of a report in relation to the
10
contravention or any related matter;
11
the Parliamentary Standards Commissioner may convey that
12
opinion to the parliamentarian, Presiding Officer or Privileges
13
Committee, with a recommendation that they take such action.
14
45 Inquiries
15
(1) This section applies if the Parliamentary Standards Commissioner
16
decides under subsection 44(2) to undertake an inquiry into the
17
alleged or suspected contravention.
18
(2) The following provisions apply in relation to an inquiry that is
19
conducted by the Parliamentary Standards Commissioner under
20
subsection (1) (with references to the Auditor-General being
21
replaced by references to the Parliamentary Standards
22
Commissioner):
23
(a) sections 32, 33 and 35 of the
Auditor-General Act 1997
;
24
(b) any other provisions of the
Auditor-General Act 1997
, or of
25
regulations under that Act, that are relevant to the operation
26
of section 32, 33 or 35 of that Act.
27
(3) The Parliamentary Standards Commissioner must advise:
28
(a) the Privileges Committee of the House or Houses to which
29
the contravention relates; and
30
(b) the parliamentarian or parliamentarians and any other persons
31
to which the contravention relates;
32
of the decision to inquire into the contravention, and of any
33
decision to take no further action in relation to the contravention.
34
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of parliamentary code of conduct
Division 2
Section 45
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
33
(4) However, the Parliamentary Standards Commissioner need not
1
advise a person under subsection (3), if doing so would be likely to
2
prejudice:
3
(a) the inquiry or any other inquiry; or
4
(b) the protection of the identity or confidentiality of any person
5
who referred or provided information in relation to the
6
contravention, or protection of such a person from reprisal or
7
detrimental action; or
8
(c) any action taken as a result of an inquiry referred to in
9
paragraph (a).
10
(5) A parliamentarian or person employed under the
Members of
11
Parliament (Staff) Act 1984
is to cooperate and assist with an
12
inquiry.
13
(6) The Parliamentary Standards Commissioner may keep any person
14
(or a representative nominated by the person) informed of the
15
progress of an inquiry, if the person:
16
(a) raised the alleged or suspected contravention; or
17
(b) is a parliamentarian or other person to whom the
18
contravention or inquiry relates.
19
(7) Except where disclosed or authorised by the Parliamentary
20
Standards Commissioner, a House or a Committee, or in
21
accordance with this Act, a person may not disclose any relevant
22
document relating to an alleged or suspected contravention under
23
this Division.
24
Note:
Subsection 69(4) provides that relevant documents, as defined by
25
subsection 63(2), are in camera evidence for the purposes of
26
section 13 of the
Parliamentary Privileges Act 1987
. The penalty for
27
unauthorised disclosure is, in the case of a natural person,
28
imprisonment for 6 months or 50 penalty units or, in the case of a
29
corporation, 250 penalty units.
30
31
Part 5
Parliamentary Standards Commissioner
Division 2
Alleged or suspected contraventions of parliamentary code of conduct
Section 46
34
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
46 Report of inquiry
1
Report and its contents
2
(1) After completing an inquiry into an alleged or suspected
3
contravention, the Parliamentary Standards Commissioner must
4
prepare a report on the inquiry.
5
(2) The report must set out:
6
(a) the Parliamentary Standards Commissioner's findings on the
7
contravention; and
8
(b) the evidence and other material on which those findings are
9
based; and
10
(c) any recommendations that the Parliamentary Standards
11
Commissioner thinks fit to make and, if recommendations are
12
made, the reasons for those recommendations.
13
This subsection has effect subject to subsections (4) and (5).
14
Note:
See section 47 for the need for the Parliamentary Standards
15
Commissioner to give certain people an opportunity to be heard before
16
including critical statements in a report.
17
(3) Without limiting paragraph (2)(c), the Parliamentary Standards
18
Commissioner may recommend:
19
(a) taking action to rectify or mitigate the effects of a
20
contravention; or
21
(b) the adoption of measures to remedy deficiencies in policy,
22
procedures or practices that facilitated a contravention; or
23
(c) taking appropriate action to initiate disciplinary proceedings
24
against a person; or
25
(d) taking appropriate action with a view to having a person
26
charged with a criminal offence; or
27
(e) such actions as the Parliamentary Standards Commissioner
28
considers will assist to resolve a contravention.
29
(4) The Parliamentary Standards Commissioner may exclude
30
information from the report if the Parliamentary Standards
31
Commissioner is satisfied that:
32
(a) the information is sensitive information or the inclusion of
33
the information may:
34
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of parliamentary code of conduct
Division 2
Section 47
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
35
(i) endanger a person's life or physical safety; or
1
(ii) prejudice proceedings brought as a result of the inquiry,
2
or another inquiry under this Act; and
3
(b) it is desirable in the circumstances to exclude the information
4
from the report.
5
(5) In deciding whether to exclude information from the report under
6
subsection (4), the Parliamentary Standards Commissioner must
7
seek to achieve an appropriate balance between:
8
(a) the public interest that would be served by including the
9
information in the report; and
10
(b) the prejudicial consequences that might result from including
11
the information in the report.
12
Supplementary report
13
(6) If the Parliamentary Standards Commissioner excludes information
14
from a report under subsection (4), the Parliamentary Standards
15
Commissioner must prepare a supplementary report that sets out:
16
(a) the information; and
17
(b) the reasons for excluding the information from the report
18
under subsection (4).
19
47 Opportunity to be heard
20
(1) Subject to subsection (2), the Parliamentary Standards
21
Commissioner must not include in a report under section 46 in
22
relation to an investigation of a corruption issue an opinion or
23
finding that is critical of a person (either expressly or impliedly)
24
unless the Parliamentary Standards Commissioner has taken the
25
action required by subsection (3) before completing the
26
investigation.
27
(2) Subsection (1) does not apply if the Parliamentary Standards
28
Commissioner is satisfied that:
29
(a) a person may have:
30
(i) committed a criminal offence; or
31
(ii) contravened a civil penalty provision; or
32
Part 5
Parliamentary Standards Commissioner
Division 2
Alleged or suspected contraventions of parliamentary code of conduct
Section 48
36
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
(iii) engaged in conduct that could be the subject of
1
disciplinary proceedings; or
2
(iv) engaged in conduct that could be grounds for
3
terminating the person's appointment or employment;
4
and
5
(b) taking action under subsection (3) would compromise the
6
effectiveness of:
7
(i) the inquiry into the contravention or another inquiry; or
8
(ii) any action taken as a result of an inquiry referred to in
9
subparagraph (i).
10
(3) If the opinion or finding is critical of a person, the Parliamentary
11
Standards Commissioner must give the person:
12
(a) a statement setting out the opinion or finding; and
13
(b) a reasonable opportunity to appear before him or her and to
14
make submissions in relation to the opinion or finding.
15
(4) Submissions under subsection (3) may be made orally or in
16
writing.
17
(5) A person referred to in subsection (3):
18
(a) may appear before the Parliamentary Standards
19
Commissioner personally; or
20
(b) may, with the Parliamentary Standards Commissioner's
21
approval, be represented by another person.
22
48 Parliamentary Standards Commissioner to give report to
23
Committee
24
The Parliamentary Standards Commissioner must give the
25
Privileges Committee of the House or Houses to which the report
26
relates:
27
(a) the report prepared under subsection 46(1); and
28
(b) if a supplementary report is prepared under subsection 46(6)
29
in relation to the inquiry--the supplementary report.
30
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of parliamentary code of conduct
Division 2
Section 49
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
37
49 Advice of outcome of inquiry
1
(1) The Parliamentary Standards Commissioner may advise a person
2
(or a representative nominated by the person) of the outcome of an
3
inquiry, if the person:
4
(a) raised the alleged or suspected contravention; or
5
(b) is a parliamentarian or other person to whom the
6
contravention or inquiry relates.
7
(2) However, if the report of the Parliamentary Standards
8
Commissioner under subsection 46(1) included:
9
(a) a finding that a contravention occurred; or
10
(b) a recommendation that any action be taken as a result of a
11
contravention;
12
the Parliamentary Standards Commissioner may only advise a
13
person of the outcome of an inquiry after the report has been
14
considered by the Privileges Committee of each House to which
15
the inquiry relates.
16
(3) One way of advising a person (or the representative) is to give a
17
copy of all or part of any report prepared under subsection 46(1) in
18
relation to the investigation.
19
(4) In advising a person of the outcome of the investigation, the
20
Parliamentary Standards Commissioner may exclude information
21
from the advice if the Parliamentary Standards Commissioner is
22
satisfied that:
23
(a) the information is sensitive information; and
24
(b) it is desirable in the circumstances to exclude the information
25
from the advice.
26
(5) In deciding whether to exclude information from the advice under
27
paragraph (4)(b), the Parliamentary Standards Commissioner must
28
seek to achieve an appropriate balance between:
29
(a) the person's interest in having the information included in the
30
advice; and
31
(b) the prejudicial consequences that might result from including
32
the information in the advice.
33
Part 5
Parliamentary Standards Commissioner
Division 2
Alleged or suspected contraventions of parliamentary code of conduct
Section 50
38
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
50 Public advice of outcome of inquiry
1
(1) If, in the opinion of the Parliamentary Standards Commissioner:
2
(a) an alleged or suspected contravention has been the subject of
3
public attention or debate; and
4
(b) no contravention occurred, or it could not be concluded that a
5
contravention occurred;
6
the Parliamentary Standards Commissioner may, if he or she
7
considers it to be in the public interest to do so, issue public advice
8
summarising the outcome of the inquiry.
9
(2) In determining whether the issuing of public advice under
10
subsection (1) is in the public interest, the Parliamentary Standards
11
Commissioner must consult:
12
(a) the person or persons in relation to whom the contravention
13
was alleged or suspected; and
14
(b) the Privileges Committee of each House to which the alleged
15
or suspected contravention related.
16
51 Report to House
17
(1) If:
18
(a) the Parliamentary Standards Commissioner gives a Privileges
19
Committee a report prepared under subsection 46(1); and
20
(b) the report included:
21
(i) a finding that a contravention occurred; or
22
(ii) a recommendation that any action be taken as a result of
23
a contravention;
24
the Committee must table the report in each House of the
25
Parliament within 5 sitting days of that House after its receipt by
26
the Committee.
27
(2) To avoid doubt, a Privileges Committee is not required by
28
subsection (1) to cause a supplementary report prepared under
29
subsection 46(6) to be tabled in the House.
30
(3) In tabling a report of the Parliamentary Standards Commissioner, a
31
Committee may table in the House such further advice or
32
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of parliamentary code of conduct
Division 2
Section 52
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
39
recommendations about the report, or about actions to be taken as a
1
result of the report, as the Committee sees fit.
2
52 Failure to comply with parliamentary code of conduct
3
(1) This section applies where either House of the Parliament
4
determines, following an inquiry under section 45 and
5
consideration of a report tabled under section 51, that a person has
6
contravened a requirement of a provision of a parliamentary code
7
of conduct.
8
(2) A wilful contravention of a requirement of a provision of the
9
parliamentary code of conduct is a contempt of the Parliament and
10
may be dealt with accordingly.
11
(3) In addition to any other punishment that may be awarded by either
12
House of the Parliament under subsection (2), if a parliamentarian
13
or other person is determined to have contravened a requirement of
14
a provision of the parliamentary code of conduct, the House of
15
which the parliamentarian is a member may impose any of the
16
following penalties:
17
(a) a requirement to apologise to the House;
18
(b) a requirement to rectify a statement of interests provided by
19
the parliamentarian or other person, or any information
20
included in the register of interests, under Schedule 1 or 2;
21
(c) a requirement to pay a specified fine (not exceeding 100
22
penalty units) to the Presiding Officer for payment into the
23
Consolidated Revenue Fund;
24
(d) a formal censure or reprimand by the House;
25
(e) the suspension of the parliamentarian from the House for the
26
period (not exceeding 2 months) determined by the House;
27
(f) such other penalty as the House deems appropriate in the
28
circumstances.
29
(4) A motion of a House of Parliament proposing to impose the
30
penalty specified in paragraph (3)(e) must be passed by a special
31
majority.
32
Part 5
Parliamentary Standards Commissioner
Division 2
Alleged or suspected contraventions of parliamentary code of conduct
Section 52
40
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
(5) For the purposes of subsection (4), special majority means two
1
thirds of the whole number of the members of the House of
2
Parliament.
3
(6) If a parliamentarian does not comply with a penalty imposed under
4
paragraph (3)(a), (b) or (c), within the time ordered by the House,
5
the parliamentarian is to be declared to be suspended from the
6
House for a period of time determined by the House, or until such
7
time as they comply.
8
(7) Nothing in subsections (1) to (6) limits the matters about which the
9
Parliamentary Standards Commissioner may make
10
recommendations in a report under section 46, or a Privileges
11
Committee may make recommendations under section 51, or a
12
House may take action under subsection (2).
13
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of ministerial code of conduct
Division 3
Section 53
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
41
Division 3--Alleged or suspected contraventions of
1
ministerial code of conduct
2
53 Referral of alleged or suspected contravention
3
(1) A person who considers that there has been a contravention of a
4
provision of an applicable code of conduct, being a Ministerial
5
code of conduct, may refer the alleged or suspected contravention
6
to:
7
(a) the Prime Minister; or
8
(b) the Parliamentary Standards Commissioner.
9
(2) Without limiting subsection (1):
10
(a) the person may refer the allegation or information
11
anonymously; and
12
(b) the person may refer the allegation or information either
13
orally or in writing.
14
(3) If the person refers the allegation or information orally, the Prime
15
Minister or Parliamentary Standards Commissioner may require
16
the person to put the allegation or the information in writing.
17
(4) If the person is asked to put the allegation or information in writing
18
under subsection (3), the Prime Minister or Parliamentary
19
Standards Commissioner may refuse to deal further with the
20
allegation or information until the allegation or information is put
21
in writing.
22
54 How alleged or suspected contraventions must be dealt with
23
(1) If the Parliamentary Standards Commissioner receives a referral
24
under subsection 53(1), the Parliamentary Standards Commissioner
25
must refer the alleged or suspected contravention to the Prime
26
Minister.
27
(2) If, after referring the alleged or suspected contravention to the
28
Prime Minister, the Prime Minister or Parliamentary Standards
29
Commissioner determines that a referral under this Division may
30
involve conduct that may constitute a criminal offence, the Prime
31
Part 5
Parliamentary Standards Commissioner
Division 3
Alleged or suspected contraventions of ministerial code of conduct
Section 54
42
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Minister or Parliamentary Standards Commissioner must refer the
1
alleged contravention to the National Integrity Commissioner, the
2
Australian Federal Police or another appropriate law enforcement
3
agency.
4
Note:
Division 2 of Part 4 of the
National Integrity Commission Act 2019
5
provides how the National Integrity Commissioner deals with
6
corruption issues including criminal offences.
7
(3) If the Parliamentary Standards Commissioner determines that a
8
referral under this Division involves a corruption issue within the
9
meaning of the
National Integrity Commission Act 2019
, the
10
Parliamentary Standards Commissioner must, when referring the
11
allegation or suspected contravention to the Prime Minister under
12
subsection (1):
13
(a) recommend to the Prime Minister that the Parliamentary
14
Standards Commissioner inquire into the corruption issue; or
15
(b) recommend to the Prime Minister that the corruption issue be
16
referred to the National Integrity Commissioner.
17
(4) The Parliamentary Standards Commissioner may inquire into a
18
corruption issue under paragraph (3)(a) either alone or jointly with
19
the National Integrity Commissioner or with another government
20
agency with appropriate functions or powers for the purpose.
21
(5) In deciding what to recommend in respect of a corruption issue
22
under subsection (3), the Parliamentary Standards Commissioner
23
must have regard to the following:
24
(a) whether the corruption issue may involve serious corrupt
25
conduct or systemic corrupt conduct;
26
(b) the need to ensure that the corruption issue is fully
27
investigated;
28
(c) the rights and obligations of the National Integrity
29
Commissioner or any other agency to investigate the
30
corruption issue;
31
(d) the rights and obligations of any person who refers or
32
provides information in relation to the corruption issue,
33
including any need to protect the person's identity or
34
confidentiality or to protect the person from reprisal or
35
detrimental action;
36
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of ministerial code of conduct
Division 3
Section 55
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
43
(e) if a joint investigation with the National Integrity
1
Commissioner is being considered--the extent to which the
2
National Integrity Commissioner is able to cooperate in the
3
investigation;
4
(f) the resources that are available to investigate the corruption
5
issue;
6
(g) the need to ensure a balance between:
7
(i) the National Integrity Commissioner's role in dealing
8
with corruption issues (particularly in dealing with
9
significant corruption issues); and
10
(ii) ensuring that the Prime Minister takes responsibility for
11
the conduct of Ministers and their staff;
12
(h) the likely significance of the corruption issue for the
13
Parliament and for the Commonwealth.
14
(6) Subsection (5) does not limit the matters to which the
15
Parliamentary Standards Commissioner may have regard.
16
55 Assessment and preliminary enquiries
17
(1) This section applies if:
18
(a) an alleged or suspected contravention is referred to the Prime
19
Minister under this Division; and
20
(b) the alleged or suspected contravention is not referred under
21
either subsection 54(2) or (3).
22
(2) The Prime Minister may refer the alleged or suspected
23
contravention to the Parliamentary Standards Commissioner for
24
advice, assessment or inquiry.
25
(3) If a contravention is referred under subsection (2), the
26
Parliamentary Standards Commissioner must deal with the alleged
27
or suspected contravention in one of the following ways:
28
(a) by making preliminary enquiries to determine whether to
29
further inquire into the alleged or suspected contravention;
30
(b) by inquiring into the alleged or suspected contravention;
31
(c) at any time, by determining to take no further action.
32
Part 5
Parliamentary Standards Commissioner
Division 3
Alleged or suspected contraventions of ministerial code of conduct
Section 55
44
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
(4) The Parliamentary Standards Commissioner may make preliminary
1
enquiries under paragraph (3)(a) in such manner as the
2
Parliamentary Standards Commissioner sees fit.
3
(5) The Parliamentary Standards Commissioner may decide under
4
paragraph (3)(c) to take no further action in relation to an alleged
5
or suspected contravention, at any time, only if the Parliamentary
6
Standards Commissioner is satisfied on reasonable grounds that:
7
(a) the contravention is already being, or will be, investigated by
8
another Commonwealth agency or resolved by another
9
process; or
10
(b) the referral of the allegation, or information, that raised the
11
contravention is frivolous or vexatious; or
12
(c) the conduct which is the subject of the alleged or suspected
13
contravention has been, is or will be, the subject of
14
proceedings before a court; or
15
(d) the subject matter of the allegation or suspicion does not
16
sufficiently relate to any provision of an applicable code of
17
conduct; or
18
(e) there is insufficient information or evidence with which to
19
deal or inquire into the contravention; or
20
(f) after due consideration, including any enquiries, there is
21
insufficient basis for concluding that a contravention has
22
occurred; or
23
(g) further action in relation to the alleged or suspected
24
contravention is not warranted having regard to all the
25
circumstances.
26
(4) Without limiting paragraph (3)(d), the Parliamentary Standards
27
Commissioner may determine that the subject matter does not
28
sufficiently relate to any provision of an applicable code of conduct
29
on the grounds that it solely or overwhelmingly concerns:
30
(a) the political position, policy, platform, views or opinions of a
31
parliamentarian; or
32
(b) the private or personal life of a parliamentarian or of other
33
persons.
34
(5) If, at any time, the Parliamentary Standards Commissioner forms
35
the opinion that:
36
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of ministerial code of conduct
Division 3
Section 56
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
45
(a) a particular action by the Prime Minister or a parliamentarian
1
could be taken to rectify or resolve an issue giving rise to the
2
alleged or suspected contravention; and
3
(b) the action would not prejudice any further inquiry or other
4
inquiry, or the making of a report in relation to the
5
contravention or any related matter;
6
the Parliamentary Standards Commissioner may convey that
7
opinion to the Prime Minister or parliamentarian, with a
8
recommendation that they take such action.
9
56 Inquiries
10
(1) This section applies if the Parliamentary Standards Commissioner
11
decides under subsection 55(3) to undertake an inquiry into the
12
alleged or suspected contravention.
13
(2) The following provisions apply in relation to an inquiry that is
14
conducted by the Parliamentary Standards Commissioner under
15
subsection (1) (with references to the Auditor-General being
16
replaced by references to the Parliamentary Standards
17
Commissioner):
18
(a) sections 32, 33 and 35 of the
Auditor-General Act 1997
;
19
(b) any other provisions of the
Auditor-General Act 1997
, or of
20
regulations under that Act, that are relevant to the operation
21
of section 32, 33 or 35 of that Act.
22
(3) The Parliamentary Standards Commissioner must advise:
23
(a) the Prime Minister; and
24
(b) the parliamentarian or parliamentarians and any other persons
25
to which the contravention relates;
26
of the decision to inquire into the contravention, and of any
27
decision to take no further action in relation to the contravention.
28
(4) However, the Parliamentary Standards Commissioner need not
29
advise a person of a decision to inquire into the contravention, if
30
doing so would be likely to prejudice:
31
(a) the inquiry or another contravention inquiry; or
32
(b) the protection of the identity or confidentiality of any person
33
who referred or provided information in relation to the
34
Part 5
Parliamentary Standards Commissioner
Division 3
Alleged or suspected contraventions of ministerial code of conduct
Section 57
46
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
contravention, or protection of such a person from reprisal or
1
detrimental action; or
2
(c) any action taken as a result of an inquiry referred to in
3
paragraph (a).
4
(5) A parliamentarian or person employed under the
Members of
5
Parliament (Staff) Act 1984
is to cooperate and assist with an
6
inquiry.
7
(6) The Parliamentary Standards Commissioner may keep any person
8
(or a representative nominated by the person) informed of the
9
progress of an inquiry, if the person:
10
(a) raised the alleged or suspected contravention; or
11
(b) is a parliamentarian or other person to whom the
12
contravention or inquiry relates.
13
(7) Except where disclosed or authorised by the Parliamentary
14
Standards Commissioner, a House or a Committee, or in
15
accordance with this Act, a person may not disclose any relevant
16
document relating to an alleged or suspected contravention under
17
this Division.
18
Note:
Subsection 69(4) provides that relevant documents, as defined by
19
subsection 63(2), are in camera evidence for the purposes of
20
section 13 of the
Parliamentary Privileges Act 1987
.
The penalty for
21
unauthorised disclosure is, in the case of a natural person,
22
imprisonment for 6 months or 50 penalty units or, in the case of a
23
corporation, 250 penalty units.
24
57 Report of inquiry
25
Report and its contents
26
(1) After completing an inquiry into an alleged or suspected
27
contravention, the Parliamentary Standards Commissioner must
28
prepare a report on the inquiry.
29
(2) The report must set out:
30
(a) the Parliamentary Standards Commissioner's findings on the
31
contravention; and
32
(b) the evidence and other material on which those findings are
33
based; and
34
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of ministerial code of conduct
Division 3
Section 57
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
47
(c) any recommendations that the Parliamentary Standards
1
Commissioner thinks fit to make and, if recommendations are
2
made, the reasons for those recommendations.
3
This subsection has effect subject to subsections (4) and (5).
4
Note:
See section 58 for the need for the Parliamentary Standards
5
Commissioner to give certain people an opportunity to be heard before
6
including critical statements in a report.
7
(3) Without limiting paragraph (2)(c), the Parliamentary Standards
8
Commissioner may recommend to the Prime Minister:
9
(a) taking action to rectify or mitigate the effects of a
10
contravention; or
11
(b) the adoption of measures to remedy deficiencies in policy,
12
procedures or practices that facilitated a contravention; or
13
(c) taking appropriate action to initiate disciplinary proceedings
14
against a person; or
15
(d) taking appropriate action with a view to having a person
16
charged with a criminal offence; or
17
(e) such actions as the Parliamentary Standards Commissioner
18
considers will assist to resolve a contravention.
19
(4) The Parliamentary Standards Commissioner may exclude
20
information from the report if the Parliamentary Standards
21
Commissioner is satisfied that:
22
(a) the information is sensitive information or the inclusion of
23
the information may:
24
(i) endanger a person's life or physical safety; or
25
(ii) prejudice proceedings brought as a result of the inquiry,
26
or another inquiry under this Act; and
27
(b) it is desirable in the circumstances to exclude the information
28
from the report.
29
(5) In deciding whether to exclude information from the report under
30
subsection (4), the Parliamentary Standards Commissioner must
31
seek to achieve an appropriate balance between:
32
(a) the public interest that would be served by including the
33
information in the report; and
34
(b) the prejudicial consequences that might result from including
35
the information in the report.
36
Part 5
Parliamentary Standards Commissioner
Division 3
Alleged or suspected contraventions of ministerial code of conduct
Section 58
48
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Supplementary report
1
(6) If the Parliamentary Standards Commissioner excludes information
2
from a report under subsection (4), the Parliamentary Standards
3
Commissioner must prepare a supplementary report that sets out:
4
(a) the information; and
5
(b) the reasons for excluding the information from the report
6
under subsection (4).
7
58 Opportunity to be heard
8
(1) Subject to subsection (2), the Parliamentary Standards
9
Commissioner must not include in a report under section 46 in
10
relation to an investigation of a corruption issue an opinion or
11
finding that is critical of a person (either expressly or impliedly)
12
unless the Parliamentary Standards Commissioner has taken the
13
action required by subsection (3) before completing the
14
investigation.
15
(2) Subsection (1) does not apply if the Parliamentary Standards
16
Commissioner is satisfied that:
17
(a) a person may have:
18
(i) committed a criminal offence; or
19
(ii) contravened a civil penalty provision; or
20
(iii) engaged in conduct that could be the subject of
21
disciplinary proceedings; or
22
(iv) engaged in conduct that could be grounds for
23
terminating the person's appointment or employment;
24
and
25
(b) taking action under subsection (3) would compromise the
26
effectiveness of:
27
(i) the inquiry into the contravention or another inquiry; or
28
(ii) any action taken as a result of an inquiry referred to in
29
subparagraph (i).
30
(3) If the opinion or finding is critical of a person, the Parliamentary
31
Standards Commissioner must give the person:
32
(a) a statement setting out the opinion or finding; and
33
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of ministerial code of conduct
Division 3
Section 59
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
49
(b) a reasonable opportunity to appear before him or her and to
1
make submissions in relation to the opinion or finding.
2
(4) Submissions under subsection (3) may be made orally or in
3
writing.
4
(5) A person referred to in subsection (3):
5
(a) may appear before the Parliamentary Standards
6
Commissioner personally; or
7
(b) may, with the Parliamentary Standards Commissioner's
8
approval, be represented by another person.
9
59 Parliamentary Standards Commissioner to give report to Prime
10
Minister
11
(1) The Parliamentary Standards Commissioner must give the Prime
12
Minister:
13
(a) the report prepared under subsection 57(1); and
14
(b) if a supplementary report is prepared under subsection 57(6)
15
in relation to the inquiry--the supplementary report.
16
(2) The Prime Minister may take such actions in relation to, or as a
17
result of, the report, as the Prime Minister sees fit.
18
60 Advice of outcome of inquiry
19
(1) The Parliamentary Standards Commissioner may advise a person
20
(or a representative nominated by the person) of the outcome of an
21
inquiry, if the person:
22
(a) raised the alleged or suspected contravention; or
23
(b) is a parliamentarian or other person to whom the
24
contravention or inquiry relates.
25
(2) However, if the report of the Parliamentary Standards
26
Commissioner under subsection 57(1) included:
27
(a) a finding that a contravention occurred; or
28
(b) a recommendation that any action be taken as a result of a
29
contravention;
30
Part 5
Parliamentary Standards Commissioner
Division 3
Alleged or suspected contraventions of ministerial code of conduct
Section 61
50
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
the Parliamentary Standards Commissioner may only advise a
1
person of the outcome of an inquiry after the report has been
2
considered by the Prime Minister.
3
(3) One way of advising a person (or the representative) is to give a
4
copy of all or part of any report prepared under subsection 46(1) in
5
relation to the investigation.
6
(4) In advising a person of the outcome of the investigation, the
7
Parliamentary Standards Commissioner may exclude information
8
from the advice if the Parliamentary Standards Commissioner is
9
satisfied that:
10
(a) the information is sensitive information; and
11
(b) it is desirable in the circumstances to exclude the information
12
from the advice.
13
(5) In deciding whether to exclude information from the advice under
14
paragraph (4)(b), the Parliamentary Standards Commissioner must
15
seek to achieve an appropriate balance between:
16
(a) the person's interest in having the information included in the
17
advice; and
18
(b) the prejudicial consequences that might result from including
19
the information in the advice.
20
61 Public advice of outcome of inquiry
21
(1) If, in the opinion of the Parliamentary Standards Commissioner:
22
(a) an alleged or suspected contravention has been the subject of
23
public attention or debate; and
24
(b) no contravention occurred, or it could not be concluded that a
25
contravention occurred;
26
the Parliamentary Standards Commissioner may, if he or she
27
considers it to be in the public interest to do so, issue public advice
28
summarising the outcome of the inquiry.
29
(2) In determining whether the issuing of public advice under
30
subsection (1) is in the public interest, the Parliamentary Standards
31
Commissioner must consult:
32
Parliamentary Standards Commissioner
Part 5
Alleged or suspected contraventions of ministerial code of conduct
Division 3
Section 62
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
51
(a) the person or persons in relation to whom the contravention
1
was alleged or suspected; and
2
(b) the Prime Minister.
3
62 Report to House
4
(1) The Prime Minister may table, or cause to be tabled, a report under
5
this Division by the Parliamentary Standards Commissioner, in the
6
House of which the Minister is a member; or in both Houses.
7
(2) Nothing in this Division prevents the tabling in either House of a
8
report of an inquiry into an alleged or suspected contravention of a
9
parliamentary code of conduct under Division 2, in relation to a
10
parliamentarian who also happens to be a Minister.
11
Part 5
Parliamentary Standards Commissioner
Division 4
Confidentiality of information
Section 63
52
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Division 4--Confidentiality of information
1
63 Interpretation
2
(1)
Protected Commissioner information
is information about a
3
person, matter, issue or allegation obtained by the Parliamentary
4
Standards Commissioner in the course of exercising powers, or
5
performing duties or functions, under or in accordance with
6
Division 2 or 3.
7
(2) Each of the following documents is a
relevant document
for an
8
alleged or suspected contravention of a provision of an applicable
9
code of conduct under Division 2 or 3:
10
(a) a written allegation or information relating to a
11
contravention, if given in writing;
12
(b) any other records of an allegation or information, including
13
an acknowledgement of an allegation and correspondence
14
relating to how an allegation is being dealt with;
15
(c) any documents, information or evidence provided or gathered
16
as a part of preliminary enquiries under subsections 44(3) or
17
55(4);
18
(d) any documents, information or evidence provided or gathered
19
as a part of an inquiry under sections 45 or 56, or as part of
20
the preparation of a report under sections 46 or 57.
21
(3) A reference in this Division to the Parliamentary Standards
22
Commissioner includes a reference to a person assisting the
23
Parliamentary Standards Commissioner under section 90.
24
64 Authorised use or disclosure--performing functions etc.
25
The Parliamentary Standards Commissioner may use or disclose
26
protected Commissioner information if the Parliamentary
27
Standards Commissioner uses or discloses the information for the
28
purposes of performing functions or duties or exercising powers
29
under Division 2 or 3.
30
Note 1:
This section is an authorisation for the purposes of other laws,
31
including the Australian Privacy Principles.
32
Parliamentary Standards Commissioner
Part 5
Confidentiality of information
Division 4
Section 65
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
53
Note 2:
Use, in relation to information, includes make a record of (see the
1
definition of
use
in section 7).
2
65 Authorised use or disclosure--required or authorised by law
3
The Parliamentary Standards Commissioner may use or disclose
4
protected Commissioner information if the use or disclosure is
5
required or authorised by or under a law of the Commonwealth, or
6
of a State or Territory.
7
Note:
This section is an authorisation for the purposes of other laws,
8
including the Australian Privacy Principles.
9
66 Authorised disclosure--person to whom information relates
10
The Parliamentary Standards Commissioner may disclose
11
protected Commissioner information to a person to whom the
12
protected Commissioner information relates.
13
Note:
This section is a requirement for the purposes of other laws, including
14
the Australian Privacy Principles.
15
67 Offence for unauthorised use or disclosure
16
(1) A person commits an offence if:
17
(a) the person is or was the Parliamentary Standards
18
Commissioner; and
19
(b) the person has obtained protected Commissioner information;
20
and
21
(c) the person uses or discloses the information; and
22
(d) the use or disclosure is not authorised or required by a
23
provision in this Division.
24
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
25
(2) Subsection (1) does not apply to a person to the extent that the
26
person uses or discloses protected information in good faith and in
27
purported compliance with a provision in this Division.
28
Note:
A defendant bears an evidential burden in relation to the matters in
29
this section (see subsection 13.3(3) of the
Criminal Code
).
30
Part 5
Parliamentary Standards Commissioner
Division 4
Confidentiality of information
Section 68
54
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
68 No requirement to provide information to courts etc.
1
Except where it is necessary to do so for the purposes of giving
2
effect to this Act, the Parliamentary Standards Commissioner is not
3
to be required to disclose protected Commissioner information, or
4
produce a document containing protected Commissioner
5
information, to:
6
(a) a court; or
7
(b) a tribunal, authority or person that has the power to require
8
the answering of questions or the production of documents.
9
69 Offences for unauthorised use or disclosure--any person
10
(1) A person other than the Parliamentary Standards Commissioner
11
must not record, use or disclose information in relation to an
12
alleged or suspected contravention of a code of conduct that came
13
to the person's knowledge because of the person's involvement in
14
the administration of this Act.
15
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
16
(2) Subsection (1) does not apply to a person's recording, use or
17
disclosure of information if the recording, use or disclosure is:
18
(a) in the performance of his or her functions under this Act; or
19
(b) authorised under this or another Act.
20
Note:
A defendant bears an evidential burden in relation to the matters in
21
this section (see subsection 13.3(3) of the
Criminal Code
).
22
(3) A person other than the Parliamentary Standards Commissioner
23
who is or has been involved in the administration of this Act is not,
24
in any proceeding, compellable to disclose information in relation
25
to an ethics or integrity issue about another person that came to the
26
person's knowledge because of the person's involvement in the
27
administration of this Act.
28
(4) A relevant document under subsection 63(2), provided by or to any
29
person, is taken to be a document or evidence provided in camera
30
to either or both Houses of Parliament, for the purposes of
31
section 13 of the
Parliamentary Privileges Act 1987.
32
Parliamentary Standards Commissioner
Part 5
Confidentiality of information
Division 4
Section 69
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
55
Note:
The penalty for unauthorised disclosure of in camera documents or
1
evidence is: in the case of a natural person, imprisonment for 6 months
2
or 50 penalty units; or in the case of a corporation, 250 penalty units.
3
See section 13 of the
Parliamentary Privileges Act 1987.
4
Part 5
Parliamentary Standards Commissioner
Division 5
Annual report
Section 70
56
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Division 5--Annual report
1
70 Annual report
2
(1) The Parliamentary Standards Commissioner must give:
3
(a) the President of the Senate for presentation to the Senate; and
4
(b) the Speaker of the House of Representatives for presentation
5
to the House of Representatives;
6
a report on the activities of the Parliamentary Standards
7
Commissioner during a financial year.
8
Note:
See also section 34C of the
Acts Interpretation Act 1901
, which
9
contains extra rules about annual reports.
10
(2) A report under subsection (1) must include:
11
(a) the number of alleged or suspected contraventions of this Act
12
received and investigated by the Parliamentary Standards
13
Commissioner during the year, including information about
14
the number of times a contravention was established; and
15
(b) the general nature of the contraventions; and
16
(c) the actions recommended by the Parliamentary Standards
17
Commissioner or taken by the Presiding Officers, Privileges
18
Committees or the Parliament in response to any
19
contraventions.
20
(3) A report under subsection (1) may include such other information
21
relating to the objects of this Act and the activities of the
22
Parliamentary Standards Commissioner, as the Parliamentary
23
Standards Commissioner considers appropriate.
24
(4) Despite subsection (3), a report under subsection (1) must not
25
include information likely to identify a specific contravention, or
26
alleged or suspected contravention, of this Act, including
27
information likely to identify:
28
(a) a person who referred an alleged or suspected contravention;
29
or
30
(b) a parliamentarian or other person to whom the alleged or
31
suspected contravention relates;
32
unless:
33
Parliamentary Standards Commissioner
Part 5
Annual report
Division 5
Section 70
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
57
(c) the information referred to has already been made public by
1
the House or in a report under subsection 46(6); and
2
(d) the Parliamentary Standards Commissioner is satisfied that,
3
in all the circumstances, it is in the public interest to do so.
4
Part 6
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Division 1
Administrative provisions relating to the Parliamentary Integrity Adviser
Section 71
58
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Part 6--Administrative provisions relating to the
1
Parliamentary Integrity Adviser and
2
Parliamentary Standards Commissioner
3
Division 1--Administrative provisions relating to the
4
Parliamentary Integrity Adviser
5
71 Appointment of Parliamentary Integrity Adviser
6
(1) The Parliamentary Integrity Adviser is to be appointed by the
7
Presiding Officers by written instrument.
8
Note:
Subject to subsection 72(1), the Parliamentary Integrity Adviser may
9
be reappointed: see section 33AA of the
Acts Interpretation Act 1901
.
10
(2) Before the Presiding Officers appoint a person as the Parliamentary
11
Integrity Adviser, the Presiding Officers must be satisfied that the
12
person has.
13
(a) suitable qualifications or experience, including a high level of
14
knowledge and experience in parliamentary practice,
15
parliamentary law and parliamentary privilege; and
16
(b) is of good character.
17
(3) Before the Presiding Officers appoint a person as the Parliamentary
18
Integrity Adviser:
19
(a) the Presiding Officers must refer the proposed
20
recommendation for the appointment to the Senate
21
Committee of Privileges and the House of Representatives
22
Committee of Privileges and Members' Interests under
23
section 92; and
24
(b) for each of those committees, either:
25
(i) the period that the committee has under that section to
26
consider the proposed recommendation has ended
27
without the committee rejecting the proposed
28
recommendation; or
29
(ii) the committee notifies the Presiding Officers that it has
30
decided to approve the proposed recommendation.
31
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Part 6
Administrative provisions relating to the Parliamentary Integrity Adviser
Division 1
Section 72
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
59
72 General terms and conditions of appointment
1
(1) The Parliamentary Integrity Adviser holds office for the period
2
specified in the instrument of appointment. The period must not
3
exceed 5 years. The sum of the periods for which the Parliamentary
4
Integrity Adviser holds office must not exceed 10 years.
5
(2) The Parliamentary Integrity Adviser may be appointed on a
6
full-time or part-time basis.
7
(3) The Parliamentary Integrity Adviser holds office on the terms and
8
conditions (if any), in relation to matters not covered by this Act,
9
that are determined by the Presiding Officers.
10
73 Other paid work
11
(1) If the Parliamentary Integrity Adviser is appointed on a full-time
12
basis, the Parliamentary Integrity Adviser must not engage in paid
13
work outside the duties of the Parliamentary Integrity Adviser's
14
office without the Presiding Officer's approval.
15
(2) If the Parliamentary Integrity Adviser is appointed on a part-time
16
basis, the Parliamentary Integrity Adviser must not engage in any
17
paid work that, in the Presiding Officers' opinion, conflicts or
18
could conflict with the proper performance of the Parliamentary
19
Integrity Adviser's duties.
20
74 Remuneration
21
(1) The Parliamentary Integrity Adviser is to be paid the remuneration
22
that is determined by the Remuneration Tribunal. If no
23
determination of that remuneration by the Tribunal is in operation,
24
the Parliamentary Integrity Adviser is to be paid the remuneration
25
that is prescribed by the regulations.
26
(2) The Parliamentary Integrity Adviser is to be paid the allowances
27
that are prescribed by the regulations.
28
(3) This section has effect subject to the
Remuneration Tribunal Act
29
1973
.
30
Part 6
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Division 1
Administrative provisions relating to the Parliamentary Integrity Adviser
Section 75
60
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
75 Leave of absence
1
(1) The Parliamentary Integrity Adviser has the recreation leave
2
entitlements that are determined by the Remuneration Tribunal.
3
(2) The Presiding Officers may grant the Parliamentary Integrity
4
Adviser leave of absence, other than recreation leave, on the terms
5
and conditions as to remuneration or otherwise that the Presiding
6
Officers determine.
7
76 Resignation
8
(1) The Parliamentary Integrity Adviser may resign the Parliamentary
9
Integrity Adviser's appointment by giving the Presiding Officers a
10
written resignation.
11
(2) The resignation takes effect on the day it is received by the
12
Presiding Officers or, if a later day is specified in the resignation,
13
on that later day.
14
77 Removal from office
15
(1) The Presiding Officers may remove the Parliamentary Integrity
16
Adviser from office if each House of the Parliament, in the same
17
session of the Parliament, presents an address to the Presiding
18
Officers asking for the removal of the Parliamentary Integrity
19
Adviser on the ground:
20
(a) of misbehaviour; or
21
(b) that the Parliamentary Integrity Adviser is unable to perform
22
the duties of the Parliamentary Integrity Adviser's office
23
because of physical or mental incapacity.
24
(2) The Presiding Officers must remove the Parliamentary Integrity
25
Adviser from office if any of the following apply:
26
(a) the Parliamentary Integrity Adviser:
27
(i) becomes bankrupt; or
28
(ii) applies to take the benefit of any law for the relief of
29
bankrupt or insolvent debtors; or
30
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Part 6
Administrative provisions relating to the Parliamentary Integrity Adviser
Division 1
Section 78
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
61
(iii) compounds with the Parliamentary Integrity Adviser's
1
creditors; or
2
(iv) makes an assignment of the Parliamentary Integrity
3
Adviser's remuneration for the benefit of the
4
Parliamentary Integrity Adviser's creditors;
5
(b) if the Parliamentary Integrity Adviser is appointed on a
6
full-time basis:
7
(i) the Parliamentary Integrity Adviser engages, except
8
with Presiding Officers' approval, in paid work outside
9
the duties of the Parliamentary Integrity Adviser's
10
office; or
11
(ii) the Parliamentary Integrity Adviser is absent, except on
12
leave of absence, for 14 consecutive days or for 28 days
13
in any 12 months;
14
(c) if the Parliamentary Integrity Adviser is appointed on a
15
part-time basis--the Parliamentary Integrity Adviser is
16
absent, except on leave of absence, to an extent that the
17
Presiding Officers consider excessive;
18
(d) the Parliamentary Integrity Adviser fails, without reasonable
19
excuse, to comply with section 78.
20
78 Disclosure of interests
21
The Parliamentary Integrity Adviser must give written notice to the
22
Presiding Officers of all interests, pecuniary or otherwise, that the
23
Parliamentary Integrity Adviser has or acquires and that conflict or
24
could conflict with the proper performance of the Parliamentary
25
Integrity Adviser's functions.
26
79 Acting appointments
27
(1) The Presiding Officers may, by written instrument, appoint a
28
person to act as the Parliamentary Integrity Adviser:
29
(a) during a vacancy in the office of the Parliamentary Integrity
30
Adviser (whether or not an appointment has previously been
31
made to the office); or
32
(b) during any period, or during all periods, when the
33
Parliamentary Integrity Adviser:
34
Part 6
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Division 1
Administrative provisions relating to the Parliamentary Integrity Adviser
Section 80
62
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
(i) is absent from duty or from Australia; or
1
(ii) is, for any reason, unable to perform the duties of the
2
office.
3
(2) The Presiding Officers must not appoint the National Integrity
4
Commissioner, the Law Enforcement Integrity Commissioner, the
5
Whistleblowing Protection Commissioner, an Assistant
6
Commissioner of the Australian National Integrity Commission, or
7
the Parliamentary Standards Commissioner to act as the
8
Parliamentary Integrity Adviser.
9
80 Assistance to Parliamentary Integrity Adviser
10
(1) A Department of the Parliament may assist the Parliamentary
11
Integrity Adviser in the performance of the Parliamentary Integrity
12
Adviser's functions.
13
(2) The assistance may include the following:
14
(a) the provision of information;
15
(b) the provision of advice;
16
(c) the making available of resources and facilities;
17
(d) the making available of staff.
18
(3) If an officer or employee of a Department mentioned in
19
subsection (1) assists the Parliamentary Integrity Adviser, the
20
officer or employee is taken, for the purposes of this Act, to be a
21
person assisting the Parliamentary Integrity Adviser under this
22
section.
23
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Part 6
Administrative provisions relating to the Parliamentary Standards Commissioner
Division 2
Section 81
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
63
Division 2--Administrative provisions relating to the
1
Parliamentary Standards Commissioner
2
81 Appointment of Parliamentary Standards Commissioner
3
(1) The Parliamentary Standards Commissioner is to be appointed by
4
the Presiding Officers by written instrument.
5
Note:
Subject to subsection 82(1), the Parliamentary Standards
6
Commissioner may be reappointed: see section 33AA of the
Acts
7
Interpretation Act 1901
.
8
(2) Before the Presiding Officers appoint a person as the Parliamentary
9
Standards Commissioner, the Presiding Officers must be satisfied
10
that the person has.
11
(a) suitable qualifications or experience, including a high level of
12
knowledge and experience in parliamentary practice,
13
parliamentary law and parliamentary privilege; and
14
(b) is of good character.
15
(3) Before the Presiding Officers appoint a person as the Parliamentary
16
Standards Commissioner:
17
(a) the Presiding Officers must refer the proposed
18
recommendation for the appointment to the Senate
19
Committee of Privileges and the House of Representatives
20
Committee of Privileges and Members' Interests under
21
section 92; and
22
(b) for each of those committees, either:
23
(i) the period that the committee has under that section to
24
consider the proposed recommendation has ended
25
without the committee rejecting the proposed
26
recommendation; or
27
(ii) the committee notifies the Presiding Officers that it has
28
decided to approve the proposed recommendation.
29
Part 6
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Division 2
Administrative provisions relating to the Parliamentary Standards
Commissioner
Section 82
64
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
82 General terms and conditions of appointment
1
(1) The Parliamentary Standards Commissioner holds office for the
2
period specified in the instrument of appointment. The period must
3
not exceed 5 years. The sum of the periods for which the
4
Parliamentary Standards Commissioner holds office must not
5
exceed 10 years.
6
(2) The Parliamentary Standards Commissioner may be appointed on a
7
full-time or part-time basis.
8
(3) The Parliamentary Standards Commissioner holds office on the
9
terms and conditions (if any), in relation to matters not covered by
10
this Act, that are determined by the Presiding Officers.
11
83 Other paid work
12
(1) If the Parliamentary Standards Commissioner is appointed on a
13
full-time basis, the Parliamentary Standards Commissioner must
14
not engage in paid work outside the duties of the Parliamentary
15
Standards Commissioner's office without the Presiding Officer's
16
approval.
17
(2) If the Parliamentary Standards Commissioner is appointed on a
18
part-time basis, the Parliamentary Standards Commissioner must
19
not engage in any paid work that, in the Presiding Officers'
20
opinion, conflicts or could conflict with the proper performance of
21
the Parliamentary Standards Commissioner's duties.
22
84 Remuneration
23
(1) The Parliamentary Standards Commissioner is to be paid the
24
remuneration that is determined by the Remuneration Tribunal. If
25
no determination of that remuneration by the Tribunal is in
26
operation, the Parliamentary Standards Commissioner is to be paid
27
the remuneration that is prescribed by the regulations.
28
(2) The Parliamentary Standards Commissioner is to be paid the
29
allowances that are prescribed by the regulations.
30
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Part 6
Administrative provisions relating to the Parliamentary Standards Commissioner
Division 2
Section 85
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
65
(3) This section has effect subject to the
Remuneration Tribunal Act
1
1973
.
2
85 Leave of absence
3
(1) The Parliamentary Standards Commissioner has the recreation
4
leave entitlements that are determined by the Remuneration
5
Tribunal.
6
(2) The Presiding Officers may grant the Parliamentary Standards
7
Commissioner leave of absence, other than recreation leave, on the
8
terms and conditions as to remuneration or otherwise that the
9
Presiding Officers determine.
10
86 Resignation
11
(1) The Parliamentary Standards Commissioner may resign the
12
Parliamentary Standards Commissioner's appointment by giving
13
the Presiding Officers a written resignation.
14
(2) The resignation takes effect on the day it is received by the
15
Presiding Officers or, if a later day is specified in the resignation,
16
on that later day.
17
87 Removal from office
18
(1) The Presiding Officers may remove the Parliamentary Standards
19
Commissioner from office if each House of the Parliament, in the
20
same session of the Parliament, presents an address to the
21
Presiding Officers asking for the removal of the Parliamentary
22
Standards Commissioner on the ground:
23
(a) of misbehaviour; or
24
(b) that the Parliamentary Standards Commissioner is unable to
25
perform the duties of the Parliamentary Standards
26
Commissioner's office because of physical or mental
27
incapacity.
28
(2) The Presiding Officers must remove the Parliamentary Standards
29
Commissioner from office if any of the following apply:
30
Part 6
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Division 2
Administrative provisions relating to the Parliamentary Standards
Commissioner
Section 88
66
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
(a) the Parliamentary Standards Commissioner:
1
(i) becomes bankrupt; or
2
(ii) applies to take the benefit of any law for the relief of
3
bankrupt or insolvent debtors; or
4
(iii) compounds with the Parliamentary Standards
5
Commissioner's creditors; or
6
(iv) makes an assignment of the Parliamentary Standards
7
Commissioner's remuneration for the benefit of the
8
Parliamentary Standards Commissioner's creditors;
9
(b) if the Parliamentary Standards Commissioner is appointed on
10
a full-time basis:
11
(i) the Parliamentary Standards Commissioner engages,
12
except with Presiding Officers' approval, in paid work
13
outside the duties of the Parliamentary Standards
14
Commissioner's office; or
15
(ii) the Parliamentary Standards Commissioner is absent,
16
except on leave of absence, for 14 consecutive days or
17
for 28 days in any 12 months;
18
(c) if the Parliamentary Standards Commissioner is appointed on
19
a part-time basis--the Parliamentary Standards
20
Commissioner is absent, except on leave of absence, to an
21
extent that the Presiding Officers consider excessive;
22
(d) the Parliamentary Standards Commissioner fails, without
23
reasonable excuse, to comply with section 88.
24
88 Disclosure of interests
25
The Parliamentary Standards Commissioner must give written
26
notice to the Presiding Officers of all interests, pecuniary or
27
otherwise, that the Parliamentary Standards Commissioner has or
28
acquires and that conflict or could conflict with the proper
29
performance of the Parliamentary Standards Commissioner's
30
functions.
31
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Part 6
Administrative provisions relating to the Parliamentary Standards Commissioner
Division 2
Section 89
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
67
89 Acting appointments
1
(1) The Presiding Officers may, by written instrument, appoint a
2
person to act as the Parliamentary Standards Commissioner:
3
(a) during a vacancy in the office of the Parliamentary Standards
4
Commissioner (whether or not an appointment has previously
5
been made to the office); or
6
(b) during any period, or during all periods, when the
7
Parliamentary Standards Commissioner:
8
(i) is absent from duty or from Australia; or
9
(ii) is, for any reason, unable to perform the duties of the
10
office.
11
(2) The Presiding Officers must not appoint the National Integrity
12
Commissioner, the Law Enforcement Integrity Commissioner, the
13
Whistleblowing Protection Commissioner, an Assistant
14
Commissioner of the Australian National Integrity Commission, or
15
the Parliamentary Integrity Adviser to act as the Parliamentary
16
Standards Commissioner.
17
90 Assistance to Parliamentary Standards Commissioner
18
(1) A Department of the Parliament may assist the Parliamentary
19
Standards Commissioner in the performance of the Parliamentary
20
Standards Commissioner's functions.
21
(2) The assistance may include the following:
22
(a) the provision of information;
23
(b) the provision of advice;
24
(c) the making available of resources and facilities;
25
(d) the making available of staff.
26
(3) If an officer or employee of a Department mentioned in
27
subsection (1) assists the Parliamentary Standards Commissioner,
28
the officer or employee is taken, for the purposes of this Act, to be
29
a person assisting the Parliamentary Standards Commissioner
30
under this section.
31
Part 6
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Division 2
Administrative provisions relating to the Parliamentary Standards
Commissioner
Section 91
68
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
91 Assistant Parliamentary Standards Commissioner
1
(1) The Presiding Officers may appoint one or more Assistant
2
Parliamentary Standards Commissioners.
3
(2) Sections 81 to 89 apply to the appointment of an Assistant
4
Parliamentary Standards Commissioner, as if a reference to the
5
Parliamentary Standards Commissioner were a reference to an
6
Assistant Parliamentary Standards Commissioner.
7
(3) The Parliamentary Standards Commissioner may, in writing,
8
delegate all or any of the Parliamentary Standards Commissioner's
9
functions or powers under this Act to an Assistant Parliamentary
10
Standards Commissioner.
11
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
12
provisions relating to delegations.
13
Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Part 6
Approval or rejection of recommendations for appointments
Division 3
Section 92
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
69
Division 3--Approval or rejection of recommendations for
1
appointments
2
92 Committees may approve or reject recommendation for
3
appointment
4
(1) If the Presiding Officers refer a proposed recommendation for an
5
appointment of the Parliamentary Integrity Adviser or the
6
Parliamentary Standards Commissioner to the Senate Committee
7
of Privileges and the House of Representatives Committee of
8
Privileges and Members' Interests for approval, each committee
9
must:
10
(a) approve or reject the proposed recommendation within 10
11
sitting days after receiving it; or
12
(b) notify the Presiding Officers in accordance with
13
subsection (2).
14
(2) A committee may notify the Presiding Officers within 10 sitting
15
days after receiving a proposed recommendation that it needs more
16
time to consider the proposed recommendation. If the committee
17
does so, the committee must approve or reject the proposed
18
recommendation within 20 sitting days after receiving it.
19
(3) If a committee does not make a decision on a proposed
20
recommendation by the required time, the committee is taken, at
21
that time, to have approved the proposal.
22
(4) The committee must notify the Presiding Officers of its decision in
23
relation to a proposed recommendation as soon as practicable after
24
making the decision.
25
(5) A notification under this section must be in writing.
26
(6) A committee must report to both Houses of the Parliament on its
27
decision in relation to a proposed recommendation.
28
Part 7
Miscellaneous
Section 93
70
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
Part 7--Miscellaneous
1
2
93 Offence of victimisation
3
(1) A person commits an offence if the person causes, or threatens to
4
cause, detriment to another person (the
victim
) on the ground that
5
the victim, or any other person:
6
(a) has referred, or may refer, to a Presiding Officer or the
7
Parliamentary Standards Commissioner an allegation, or
8
information, that raises a possible contravention of this Act;
9
or
10
(b) has requested, or may request, advice from the Parliamentary
11
Integrity Adviser; or
12
(c) has given, or may give, information to a Presiding Officer,
13
the Parliamentary Standards Commissioner or the
14
Parliamentary Integrity Adviser in accordance with this Act;
15
or
16
(d) has produced, or may produce, a document or thing to a
17
Presiding Officer, the Parliamentary Standards
18
Commissioner or the Parliamentary Integrity Adviser in
19
accordance with this Act.
20
Penalty: Imprisonment for 2 years.
21
(2) For the purpose of subsection (1), a threat may be:
22
(a) express or implied; or
23
(b) conditional or unconditional.
24
(3) In a prosecution for an offence against subsection (1), it is not
25
necessary to prove that the person threatened actually feared that
26
the threat would be carried out.
27
94 Protection from liability
28
(1) Subsection (2) applies to the following persons:
29
(a) the Parliamentary Integrity Adviser;
30
Miscellaneous
Part 7
Section 95
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
71
(b) a person assisting the Parliamentary Integrity Adviser under
1
section 80;
2
(c) the Parliamentary Standards Commissioner;
3
(d) a person assisting the Parliamentary Standards Commissioner
4
under section 90;
5
(e) an Assistant Parliamentary Standards Commissioner.
6
(2) A person referred to in subsection (1) is not liable to civil
7
proceedings for loss, damage or injury of any kind suffered by
8
another person as a result of the performance or exercise, in good
9
faith, of the person's functions, powers or duties under or in
10
relation to this Act.
11
(3) Subsection (4) applies if information, evidence or a document has
12
been given or produced to a person referred to in subsection (1).
13
(4) A person is not liable to an action, suit or proceeding in respect of
14
loss, damage or injury of any kind suffered by another person by
15
reason only that the information, evidence or document was given
16
or produced.
17
95 Immunities from certain State and Territory laws
18
The Parliamentary Integrity Adviser or Parliamentary Standards
19
Commissioner is not required under, or by reason of, a law of a
20
State or Territory:
21
(a) to obtain or have a licence or permission for doing any act or
22
thing in the exercise of the person's powers or the
23
performance of the person's duties as the Parliamentary
24
Integrity Adviser or Parliamentary Standards Commissioner;
25
or
26
(b) to register any vehicle, vessel, animal or article belonging to
27
the Commonwealth.
28
96 Review relating to Independent Parliamentary Standards
29
Authority
30
(1) It is the intention of Parliament that:
31
Part 7
Miscellaneous
Section 97
72
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
(a) the
Independent Parliamentary Expenses Authority Act 2017
1
be replaced by an
Independent Parliamentary Standards
2
Authority Act
; and
3
(b) the functions, powers and resources of the Independent
4
Parliamentary Expenses Authority be expanded to those of an
5
Independent Parliamentary Standards Authority; and
6
(c) the Independent Parliament Standards Authority be an
7
authority of the Parliament; and
8
(d) the Independent Parliamentary Standards Authority support
9
the administration of this Act and the functions and
10
assistance of the Parliamentary Integrity Advisor and
11
Parliamentary Standards Commissioner.
12
(2) The Minister must cause to be undertaken a review of the preferred
13
legislative options to achieve the objectives in subsection (1).
14
(3) The Minister must consult with the Presiding Officers regarding
15
the manner of the review, and may refer any or all of the questions
16
for the review for advice and recommendation by a Parliamentary
17
committee or committees.
18
(4) The Minister must ensure that public consultation is undertaken in
19
connection with the undertaking of the review.
20
(5) The Minister must cause to be prepared a written report of the
21
review.
22
(6) The report must be completed within 6 months after the
23
commencement of this section.
24
(7) The Minister must cause a copy of the report to be laid before each
25
House of the Parliament within 15 sitting days of that House after
26
the day on which the Minister receives the report.
27
97 Review relating to lobbying and post-separation employment
28
(1) It is the intention of Parliament that:
29
(a) the Australian Government Lobbying Code of Conduct and
30
policies, rules and standards for the post-separation
31
employment of Commonwealth public officials be revised to
32
meet national and international best practice; and
33
Miscellaneous
Part 7
Section 98
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
73
(b) the administration and enforcement of the Lobbying Code of
1
Conduct, Register of Lobbyists and policies, rules and
2
standards for the post-separation employment of
3
Commonwealth public officials be given a statutory basis;
4
and
5
(c) there be enhanced administration and enforcement of the
6
Australian Government's lobbying and post-separation
7
employment regimes by the Independent Parliamentary
8
Standards Authority and Australian National Integrity
9
Commission.
10
(2) The Minister must cause to be undertaken a review of the preferred
11
legislative options to achieve the objectives in subsection (1).
12
(3) The Minister may refer any or all of the issues in subsection (1) for
13
advice and recommendation by a Parliamentary committee or
14
committees.
15
(4) The Minister must ensure that public consultation is undertaken in
16
connection with the undertaking of the review.
17
(5) The Minister must cause to be prepared a written report of the
18
review.
19
(6) The report must be completed within 6 months after the
20
commencement of this section.
21
(7) The Minister must cause a copy of the report to be laid before each
22
House of the Parliament within 15 sitting days of that House after
23
the day on which the Minister receives the report.
24
98 Review relating to political finance, funding, donations and
25
campaign regulation
26
(1) It is the intention of Parliament that:
27
(a) Commonwealth legislation and enforcement for
28
transparency, integrity and accountability in political
29
campaign finance and campaign regulation be revised to
30
meet national and international best practice; and
31
(b) reform should be undertaken to bring about consistency and
32
alignment between Commonwealth, State and Territory rules
33
Part 7
Miscellaneous
Section 99
74
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
and processes for political campaign finance and campaign
1
regulation; and
2
(c) there be enhanced administration and enforcement of
3
Commonwealth rules and processes for political campaign
4
finance and campaign regulation by the Parliamentary
5
Standards Commissioner, Independent Parliamentary
6
Standards Authority, Australian National Integrity
7
Commission and Australian Electoral Commission.
8
(2) The Minister must cause to be undertaken a review of the preferred
9
legislative options to achieve the objectives in subsection (1).
10
(3) The Minister may refer any or all of the issues in subsection (1) for
11
advice and recommendation by a Parliamentary committee or
12
committees.
13
(4) The Minister must consult with the States and Territories in the
14
course of the review.
15
(5) The Minister must ensure that public consultation is undertaken in
16
connection with the undertaking of the review.
17
(6) The Minister must cause to be prepared a written report of the
18
review.
19
(7) The report must be completed within 12 months after the
20
commencement of this section.
21
(8) The Minister must cause a copy of the report to be laid before each
22
House of the Parliament within 15 sitting days of that House after
23
the day on which the Minister receives the report.
24
99 Review of operation of Act
25
Undertaking the review
26
(1) The Presiding Officers must cause an independent review to be
27
undertaken of the first 3 years of the operation of this Act.
28
Miscellaneous
Part 7
Section 99
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
75
Report to Presiding Officers
1
(2) The persons undertaking the review must give the Presiding
2
Officers a written report of the review within 6 months after the
3
end of the 3-year period.
4
Submissions
5
(3) The review must include an opportunity for:
6
(a) parliamentarians, former parliamentarians and persons
7
employed under the
Members of Parliament (Staff) Act 1984
;
8
and
9
(b) members of the public;
10
to make written submissions on the operation of this Act.
11
Assistance
12
(4) The Parliamentary Integrity Adviser and Parliamentary Standards
13
Commissioner may, if requested to do so by the persons
14
undertaking the review, assist them in:
15
(a) conducting the review; and
16
(b) preparing the written report.
17
Tabling of report
18
(5) The Presiding Officers must cause a copy of the report of the
19
review to be tabled in each House of the Parliament within 15
20
sitting days of that House after the Presiding Officers receive the
21
report.
22
Section not to apply if review conducted by Parliamentary
23
committee
24
(6) However, this section does not apply if a committee of one or both
25
Houses of the Parliament has reviewed the operation of this Act, or
26
started such a review, before the end of the 3-year period.
27
Definition
28
(7) In this section:
29
Part 7
Miscellaneous
Section 100
76
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
independent review
means a review undertaken by a person or
1
persons who, in the Presiding Officers' opinions, possess
2
appropriate qualifications to undertake the review.
3
100 Schedules
4
Legislation that is specified in Schedule 3 to this Act is amended or
5
repealed as set out in the applicable items in that Schedule, and any
6
other item in that Schedule has effect according to its terms.
7
101 Regulations
8
(1) The Governor-General may make regulations prescribing matters:
9
(a) required or permitted by this Act to be prescribed; or
10
(b) necessary or convenient to be prescribed for carrying out or
11
giving effect to this Act.
12
(2) The regulations may require that information or reports that are
13
required to be given under prescribed provisions are also to be
14
given to prescribed persons in specified circumstances.
15
House of Representatives--Register of Members' Interests
Schedule 1
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
77
Schedule 1--House of Representatives--
1
Register of Members' Interests
2
3
4
Note:
See section 21.
5
1 Registration of Members' interests
6
(1) Within 28 days of making and subscribing an oath or affirmation
7
as a Member of the House of Representatives each Member shall
8
provide to the Registrar of Members' Interests, a statement of--
9
(a) the Member's registrable interests; and
10
(b) the registrable interests of which the Member is aware--
11
(i) of the Member's spouse and
12
(ii) of any children who are wholly or mainly dependent on
13
the Member for support,
14
in accordance with resolutions adopted by the House and in a form
15
determined by the Committee of Members' Interests or by the
16
Committee of Privileges and Members' Interests from time to time,
17
and shall also notify any alteration of those interests to the
18
Registrar within 28 days of that alteration occurring.
19
(2) The statement to be provided by a Member shall include:
20
(a) in the case of a Member who was not a Member of the House
21
of Representatives in the immediately preceding Parliament,
22
interests held at the date of his or her election and any
23
alteration of interests which has occurred between that date
24
and the date of completion of the statement, and
25
(b) in the case of a Member who was a Member of the House of
26
Representatives in the immediately preceding Parliament,
27
interests held at the date of dissolution of the House of
28
Representatives in the previous Parliament and any alteration
29
of interests which has occurred between that date and the
30
date of completion of the statement.
31
2 Registrable interests
32
That the statement of a Member's registrable interests to be
33
provided by a Member shall include the registrable interests of
34
which the Member is aware (l) of the Member's spouse and (2) of
35
Schedule 1
House of Representatives--Register of Members' Interests
78
National Integrity (Parliamentary Standards) Bill 2019
No. , 2019
any children who are wholly or mainly dependent on the Member
1
for support, and shall cover the following matters:
2
(a) shareholdings in public and private companies (including
3
holding companies) indicating the name of the company or
4
companies;
5
(b) shareholdings of any private companies declared under
6
paragraph (a) in any other private company (including
7
holding companies) indicating the name of the company or
8
companies;
9
(c) family and business trusts and nominee companies--
10
(i) in which a beneficial interest is held, indicating the
11
name of the trust, the nature of its operation and
12
beneficial interest, and
13
(ii) in which the Member, the Member's spouse, or a child
14
who is wholly or mainly dependent on the Member for
15
support, is a trustee (but not including a trustee of an
16
estate where no beneficial interest is held by the
17
Member, the Member's spouse or dependent children),
18
indicating the name of the trust, the nature of its
19
operation and the beneficiary of the trust;
20
(d) real estate, including the location (suburb or area only) and
21
the purpose for which it is owned;
22
(e) registered directorships of companies;
23
(f) partnerships indicating the nature of the interests and the
24
activities of the partnership;
25
(g) liabilities indicating the nature of the liability and the creditor
26
concerned;
27
(h) the nature of any bonds, debentures and like investments;
28
(i) saving or investment accounts, indicating their nature and the
29
name of the bank or other institutions concerned;
30
(j) the nature of any other assets (excluding household and
31
personal effects) each valued at over $7,500;
32
(k) the nature of any other substantial sources of income;
33
(l) gifts valued at more than $750 received from official sources,
34
or at more than $300 where received from other than official
35
sources provided that a gift received by a Member, the
36
Member's spouse or dependent children from family
37
members or personal friends in a purely personal capacity
38
House of Representatives--Register of Members' Interests
Schedule 1
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
79
need not be registered unless the Member judges that an
1
appearance of conflict of interest may be seen to exist;
2
(m) any sponsored travel or hospitality received where the value
3
of the sponsored travel or hospitality exceeds $300;
4
(n) membership of any organisation where a conflict of interest
5
with a Member's public duties could foreseeably arise or be
6
seen to arise, and
7
(o) any other interests where a conflict of interest with a
8
Member's public duties could foreseeably arise or be seen to
9
arise.
10
3 Register and Registrar of Members' Interests
11
(1) The following:
12
(a) at the commencement of each Parliament, and at other times
13
as necessary, Mr Speaker shall appoint the Parliamentary
14
Integrity Adviser as the Registrar of Members' Interests and
15
that officer shall also assist the Committee of Privileges and
16
Members' Interests in relation to matters concerning
17
Members' interests;
18
(b) the Registrar of Members' Interests shall, in accordance with
19
procedures determined by the Committee of Privileges and
20
Members' Interests, maintain a Register of Members'
21
Interests in a form to be determined by that committee from
22
time to time;
23
(c) as soon as possible after the commencement of each
24
Parliament the chairman of the Committee of Privileges and
25
Members' Interests shall table in the House a copy of the
26
completed Register of Members' Interests and shall also table
27
from time to time as required any notification by a Member
28
of alteration of those interests, and
29
(d) the Register of Members' Interests shall be available for
30
inspection by any person under conditions to be laid down by
31
the Committee of Privileges and Members' Interests from
32
time to time.
33
(2) Any Member of the House of Representatives who--
34
(a) knowingly fails to provide a statement of registrable interests
35
to the Registrar of Members' Interests by the due date;
36
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(b) knowingly fails to notify any alteration of those interests to
1
the Registrar of Members' Interests within 28 days of the
2
change occurring, or
3
(c) knowingly provides false or misleading information to the
4
Registrar of Members' Interests,
5
shall be guilty of a serious contempt of the House of
6
Representatives and shall be dealt with by the House accordingly,
7
but the question whether any senator has committed such a serious
8
contempt shall first be referred to the Privileges Committee and/or
9
the Parliamentary Standards Commissioner for inquiry and report
10
and may not be considered by any other committee.
11
The Senate--Register of Senators' Interests
Schedule 2
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81
Schedule 2--The Senate--Register of
1
Senators' Interests
2
3
4
Note:
See section 22.
5
1 Registration of Senators' Interests
6
(1) Within:
7
(a) 28 days after the first meeting of the Senate after 1 July first
8
occurring after a general election; and
9
(b) 28 days after the first meeting of the Senate after a
10
simultaneous dissolution of the Senate and the House of
11
Representatives; and
12
(c) 28 days after making and subscribing an oath or affirmation
13
of allegiance as a senator for a Territory or appointed or
14
chosen to fill a vacancy in the Senate;
15
each senator shall provide to the Registrar of Senators' Interests a
16
statement of:
17
(d) the senator's registrable interests; and
18
(e) the registrable interests of which the senator is aware:
19
(i) of the senator's spouse or partner, and
20
(ii) of any children who are wholly or mainly dependent on
21
the senator for support;
22
in accordance with this Schedule and in a form determined by the
23
Committee of Senators' Interests from time to time, and shall also
24
notify any alteration of those interests to the Registrar within 35
25
days of that alteration occurring.
26
(2) Any senator who:
27
(a) knowingly fails to provide a statement of registrable interests
28
to the Registrar of Senators' Interests by the due date;
29
(b) knowingly fails to notify any alteration of those interests to
30
the Registrar of Senators' Interests within 35 days of the
31
change occurring; or
32
(c) knowingly provides false or misleading information to the
33
Registrar of Senators' Interests;
34
shall be guilty of a serious contempt of the Senate and shall be
35
dealt with by the Senate accordingly, but the question whether any
36
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senator has committed such a serious contempt shall first be
1
referred to the Privileges Committee and/or the Parliamentary
2
Standards Commissioner for inquiry and report and may not be
3
considered by any other committee.
4
2 Registrable interests of spouses or partners and dependants
5
Statements of the registrable interests of a senator's spouse or
6
partner or of any dependent children submitted in accordance with
7
paragraph (1) shall be maintained in a separate part of the register
8
and shall remain confidential to the Parliamentary Integrity
9
Adviser and the Committee of Senators' Interests, except where the
10
committee or the Parliamentary Standards Commissioner considers
11
that a conflict of interest arises, at which time the committee may
12
table the declaration or the Parliamentary Standards Commissioner
13
may include it in a relevant report.
14
3 Registrable interests
15
The statement of a senator's registrable interests to be provided by
16
a senator shall include the registrable interests of which the senator
17
is aware of the senator's spouse or partner and of any children who
18
are wholly or mainly dependent on the senator for support, and
19
shall cover the following matters:
20
(a) shareholdings in public and private companies (including
21
holding companies) indicating the name of the company or
22
companies;
23
(b) shareholdings of any private companies declared under
24
paragraph (a) in any other private company (including
25
holding companies) indicating the name of the company or
26
companies;
27
(c) family and business trusts and nominee companies:
28
(i) in which a beneficial interest is held, indicating the
29
name of the trust and the nature of its operation and
30
beneficial interest, and
31
(ii) in which the senator, the senator's spouse or partner, or
32
a child who is wholly or mainly dependent on the
33
senator for support, is a trustee (but not including a
34
trustee of an estate where no beneficial interest is held
35
by the senator, the senator's spouse or partner or
36
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National Integrity (Parliamentary Standards) Bill 2019
83
dependent children), indicating the name of the trust, the
1
nature of its operation and the beneficiary of the trust;
2
(d) real estate, including the location (suburb or area only) and
3
the purpose for which it is owned;
4
(e) registered directorships of companies;
5
(f) partnerships, indicating the nature of the interests and the
6
activities of the partnership;
7
(g) liabilities, indicating the nature of the liability and the
8
creditor concerned;
9
(h) the nature of any bonds, debentures and like investments;
10
(i) saving or investment accounts, indicating their nature and the
11
name of the bank or other institutions concerned;
12
(j) the nature of any other assets (excluding household and
13
personal effects) each valued at more than $7,500;
14
(k) the nature of any other substantial sources of income;
15
(l) gifts valued at more than $750 received from official sources
16
(such sources being an Australian or foreign national, state,
17
provincial or local government or a person holding an office
18
in such a government) or at $300 or more where received
19
from other than official sources, provided that a gift received
20
by a senator, the senator's spouse or partner or dependent
21
children from family members or personal friends in a purely
22
personal capacity need not be registered unless the senator
23
judges that an appearance of conflict of interest may be seen
24
to exist;
25
(m) any sponsored travel or hospitality received where the value
26
of the sponsorship or hospitality exceeds $300;
27
(n) being an office holder of or financial contributor donating
28
$300 or more in any single calendar year to any organisation;
29
and
30
(o) any other interests where a conflict of interest with a
31
senator's public duties could foreseeably arise or be seen to
32
arise.
33
4 Register and Registrar of Senators' Interests
34
(1) At the commencement of each parliament, and at other times as
35
necessary, the President shall appoint the Parliamentary Integrity
36
Adviser as the Registrar of Senators' Interests and that officer shall
37
also be secretary of the Committee of Senators' Interests.
38
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(2) The Registrar of Senators' Interests shall, in accordance with
1
procedures determined by the Committee of Senators' Interests,
2
maintain a Register of Senators' Interests in a form to be
3
determined by that committee from time to time.
4
(3) As soon as possible after receipt of statements of registrable
5
interests in accordance with subsection 1(1), the chairman of the
6
Committee of Senators' Interests shall table in the Senate a copy of
7
the completed Register of Senators' Interests and shall also table
8
every 6 months any notification by a senator of alteration of those
9
interests.
10
(4) The Register of Senators' Interests shall be available for inspection
11
by any person under conditions to be laid down by the Committee
12
of Senators' Interests from time to time.
13
(5) That part of the Register of Senators' Interests relating to spouses
14
or partners and dependent children shall remain confidential to the
15
Committee of Senators' Interests as provided for in paragraph 2.
16
5 Interpretation
17
For the purposes of sections 1 to 4 of this Schedule, 'partner'
18
means a person who is living with another person in a bona fide
19
domestic relationship.
20
Amendments
Schedule 3
No. , 2019
National Integrity (Parliamentary Standards) Bill 2019
85
Schedule 3--Amendments
1
2
Public Interest Disclosure Act 2013
3
1
Subsection 69(1) (before table item 1)
4
Insert:
5
1A
A parliamentarian.
The Parliament.
1B
A staff member of a parliamentarian
(within the meaning of the
Members of
Parliament (Staff) Act 1984
).
The Parliament.
6