Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Parliamentary Workplace Support
Service (Consequential Amendments and
Transitional Provisions) Bill 2023
No. , 2023
(Finance)
A Bill for an Act to deal with consequential and
transitional matters arising from the enactment of
the
Parliamentary Workplace Support Service Act
2023
, and for related purposes
No. , 2023
Parliamentary Workplace Support Service (Consequential
Amendments and Transitional Provisions) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 2
Schedule 1
--
Consequential amendments
3
Archives Act 1983
3
Freedom of Information Act 1982
4
Parliamentary Service Determination 2013
5
Schedule 2
--
Application and transitional provisions
6
No. , 2023
Parliamentary Workplace Support Service (Consequential
Amendments and Transitional Provisions) Bill 2023
1
A Bill for an Act to deal with consequential and
1
transitional matters arising from the enactment of
2
the
Parliamentary Workplace Support Service Act
3
2023
, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Parliamentary Workplace Support Service
7
(Consequential Amendments and Transitional Provisions) Act
8
2023
.
9
2
Parliamentary Workplace Support Service (Consequential
Amendments and Transitional Provisions) Bill 2023
No. , 2023
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 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
At the same time as the
Parliamentary
Workplace Support Service Act 2023
commences.
However, the provisions do not commence
at all if that Act does not commence.
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
3 Schedules
13
Legislation that is specified in a Schedule to this Act is amended or
14
repealed as set out in the applicable items in the Schedule
15
concerned, and any other item in a Schedule to this Act has effect
16
according to its terms.
17
Note:
The provisions of the
Parliamentary Service Determination 2013
18
amended or inserted by this Act, and any other provisions of that
19
instrument, may be amended or repealed by an instrument made under
20
section 83 of the
Parliamentary Service Act 1999
(see
21
subsection 13(5) of the
Legislation Act 2003
).
22
Consequential amendments
Schedule 1
No. , 2023
Parliamentary Workplace Support Service (Consequential
Amendments and Transitional Provisions) Bill 2023
3
Schedule
1--Consequential amendments
1
2
Archives Act 1983
3
1 Subsection 3(1) (paragraph (ba) of the definition of
open
4
access period
)
5
After "Independent Review document", insert "or a PWSS document".
6
2 Subsection 3(1)
7
Insert:
8
PWSS document
means:
9
(a) a document given to, or received by, any of the following
10
bodies in connection with the performance of the body's
11
functions:
12
(i) the Parliamentary Workplace Support Service;
13
(ii) the Parliamentary Workplace Support Service Advisory
14
Board;
15
(iii) the Parliamentary Workplace Support Service
16
Consultative Committee; or
17
(b) a document brought into existence by any of the bodies
18
mentioned in paragraph (a); or
19
(c) a document transferred to the Parliamentary Workplace
20
Support Service under item 4 of Schedule 2 to the
21
Parliamentary Workplace Support Service (Consequential
22
Amendments and Transitional Provisions) Act 2023
;
23
but does not include a document relating to the administration of
24
any of the bodies mentioned in paragraph (a).
25
3 Subsection 3(7) (note)
26
Repeal the note, substitute:
27
Note:
The following have different open access periods:
28
(a) Cabinet notebooks (see section 22A);
29
(b) records containing Census information (see section 22B);
30
(c) Independent Review documents and PWSS documents (see
31
section 22C).
32
Schedule 1
Consequential amendments
4
Parliamentary Workplace Support Service (Consequential
Amendments and Transitional Provisions) Bill 2023
No. , 2023
4 Section 22C (at the end of the heading)
1
Add "
and PWSS documents
".
2
5 Subsection 22C(1)
3
After "Independent Review document", insert "or a PWSS document".
4
6 After subsection 22C(2)
5
Insert:
6
(2A) Subsection (1) applies in relation to a PWSS document, whether
7
the document is brought into existence before, on or after the
8
commencement of this subsection.
9
7 Subsection 22C(3)
10
After "Independent Review document",
insert "or a PWSS document".
11
Freedom of Information Act 1982
12
8 After subsection 7(2AA)
13
Insert:
14
(2AAA) The following bodies are taken not to be prescribed authorities for
15
the purposes of this Act:
16
(a) the Parliamentary Workplace Support Service;
17
(b) the Parliamentary Workplace Support Service Advisory
18
Board;
19
(c) the Parliamentary Workplace Support Service Consultative
20
Committee.
21
9 After subsection 7(2DB)
22
Insert:
23
(2DC) A Minister and an agency are exempt from the operation of this
24
Act in relation to the following documents (regardless of when the
25
documents were brought into existence):
26
(a) a document given to, or received by, a body listed in
27
subsection (2AAA) in connection with the performance of
28
the body's
functions;
29
Consequential amendments
Schedule 1
No. , 2023
Parliamentary Workplace Support Service (Consequential
Amendments and Transitional Provisions) Bill 2023
5
(b) a document brought into existence by a body listed in
1
subsection (2AAA).
2
(2DD) A Minister and an agency are not exempt under
3
paragraph (2DC)(a) from the operation of this Act in relation to
4
documents created other than in connection with the performance
5
of the functions of a body listed in subsection (2AAA) to which a
6
right of access otherwise exists or existed under this Act.
7
Parliamentary Service Determination
2013
8
10 Clause 112B
9
Repeal the clause.
10
11 Schedule 1
11
Repeal the following definitions:
12
(a) definition of
Commonwealth parliamentary workplace
;
13
(b) definition of
Commonwealth parliamentary workplace
14
participant
;
15
(c) definition of
MOP(S) Act employee
;
16
(d) definition of
parliamentarian
;
17
(e) definition of
serious incident or misconduct
.
18
Schedule 2
Application and transitional provisions
6
Parliamentary Workplace Support Service (Consequential
Amendments and Transitional Provisions) Bill 2023
No. , 2023
Schedule
2--Application and transitional
1
provisions
2
3
1 Definitions
4
(1)
In this Schedule:
5
PWSS Act
means the
Parliamentary Workplace Support Service Act
6
2023
.
7
(2)
A term used in this Schedule that is defined for the purposes of the
8
PWSS Act has the same meaning in this Schedule as it has in that Act.
9
2 PWSS may perform functions regardless of when alleged
10
relevant conduct occurs
11
The PWSS may perform a function under section 15, 16 or 19 of the
12
PWSS Act in relation to alleged relevant conduct that occurs before, on
13
or after the commencement of this item.
14
3 Transfer to the PWSS of complaints made before
15
commencement under the existing PWSS mechanism
16
(1)
This item applies if:
17
(a) a complaint was made before the commencement of this item
18
under the existing PWSS mechanism in relation to alleged
19
relevant conduct (within the meaning of the PWSS Act); and
20
(b) the PWSS would have the power to review the complaint
21
under subsection 19(2) of the PWSS Act if it were made to
22
the PWSS on or after that commencement; and
23
(c) before that commencement, either:
24
(i) the complaint had started to be reviewed under the
25
existing PWSS mechanism (whether or not the review
26
had been completed); or
27
(ii) a decision had not been made under that mechanism
28
whether to review the complaint.
29
(2)
The PWSS must deal with the complaint on and after that
30
commencement as if the complaint had been made to the PWSS under
31
section 19 of the PWSS Act, subject to subitems (3) to (5).
32
Application and transitional provisions
Schedule 2
No. , 2023
Parliamentary Workplace Support Service (Consequential
Amendments and Transitional Provisions) Bill 2023
7
(3)
Any steps taken under the existing PWSS mechanism for the purposes
1
of according a person procedural fairness in relation to the complaint
2
are taken, on and after that commencement, to have been taken by the
3
PWSS.
4
(4)
If, before that commencement:
5
(a) a review of the complaint conducted under the existing
6
PWSS mechanism had been completed; and
7
(b) a decision was made under the existing PWSS mechanism
8
about whether the complaint is upheld;
9
then:
10
(c) the decision is taken, on and after that commencement, to
11
have been made by the PWSS; and
12
(d) if the complaint was upheld:
13
(i) any report of the review completed before that
14
commencement is taken, on and after that
15
commencement, to have been prepared by the PWSS
16
under subsection 19(3) of the PWSS Act; and
17
(ii) any recommendation made before that commencement
18
under the existing PWSS mechanism in relation to the
19
complaint is taken, on and after that commencement, to
20
have been made by the PWSS.
21
(5)
If a report to which subparagraph (4)(d)(i) applies includes a
22
recommendation to a parliamentarian, then:
23
(a) the PWSS must engage with the parliamentarian under
24
subsection 19(4) of the PWSS Act on and after that
25
commencement in relation to implementing the
26
recommendation; and
27
(b) any engagement by the Parliamentary Service Commissioner
28
with the parliamentarian before that commencement in
29
relation to implementing the recommendation is taken to
30
have been carried out by the PWSS; and
31
(c) if the recommendation is not implemented
--
the PWSS must
32
under subsection 19(5) of the PWSS Act give a copy of the
33
report to the President of the Senate or the Speaker of the
34
House of Representatives (as the case requires).
35
(6)
In this item:
36
Schedule 2
Application and transitional provisions
8
Parliamentary Workplace Support Service (Consequential
Amendments and Transitional Provisions) Bill 2023
No. , 2023
existing PWSS mechanism
means the mechanism established by the
1
Parliamentary Service Commissioner in accordance with
2
paragraph 112B(1)(a) of the
Parliamentary Service
3
Determination 2013
, as in force at any time before the commencement
4
of this item.
5
4 Transfer of records
6
(1)
Records and documents covered by subitem (2) or (3) are to be
7
transferred to the PWSS after the commencement of this item.
8
(2)
This subitem covers records or documents that were:
9
(a) in the possession of the agency (within the meaning of the
10
Public Service Act 1999
) known as the Australian Public
11
Service Commission immediately before the commencement
12
of this item; and
13
(b) given to, received by, or brought into existence by, that
14
agency for the dominant purpose of the performance of a
15
function that:
16
(i) was conferred on the Parliamentary Service
17
Commissioner by subclause 112B(1) of the
18
Parliamentary Service Determination 2013
before that
19
commencement; and
20
(ii) is to be performed by the PWSS after that
21
commencement.
22
(3)
This subitem covers records or documents that were:
23
(a) in the possession of the Finance Department immediately
24
before the commencement of this item; and
25
(b) given to, received by, or brought into existence by, that
26
Department for the dominant purpose
of the performance of a
27
function that is to be performed by the PWSS after that
28
commencement.
29
(4)
In this item:
30
Finance Department
means the Department administered by the
31
Minister administering the
Public Governance, Performance and
32
Accountability Act 2013
.
33
Application and transitional provisions
Schedule 2
No. , 2023
Parliamentary Workplace Support Service (Consequential
Amendments and Transitional Provisions) Bill 2023
9
5 Confidential information
1
(1)
This item applies to any confidential information given to a person
2
before the commencement of this item for the purpose of the
3
performance of a function that:
4
(a) was conferred on the Parliamentary Service Commissioner
5
by subclause 112B(1) of the
Parliamentary Service
6
Determination 2013
before that commencement; and
7
(b) is to be performed by the PWSS after that commencement.
8
(2)
The information is taken, immediately after that commencement, to
9
have been given to the PWSS.
10
6 Reports by the PWSS
11
(1)
Subsection 22(2) of the PWSS Act applies in relation to financial years
12
starting on or after 1 July 2024, subject to subitem (2).
13
(2)
Paragraph 22(2)(d) of the PWSS Act applies in relation to financial
14
years starting on or after 1 July 2025.
15
Note:
Paragraph 22(2)(d) of the PWSS Act covers information relating to progress in the
16
prevention of, and responses to, alleged relevant conduct.
17
7 Use and disclosure of information
18
Part 7 of the PWSS Act applies in relation to the use or disclosure of
19
information by a person on or after the commencement of this item,
20
whether the information was obtained by, or disclosed to, the person
21
before, on or after that commencement.
22