Parliamentary Commissioner Act 1971

The Act is structured around a handful of core statutory concepts. Each is defined or used in the provisions that create duties and powers.

• Commissioner and office: The Parliamentary Commissioner for Administrative Investigations is appointed by the Governor for a five‑year term, assisted by a Deputy Commissioner and may be supported by officers and contracted staff (s 5; s 9). The Commissioner has delegated powers where authorised by Rules of Parliament (s 11), may publish reports to Parliament (s 27), and is protected from civil or criminal proceedings in respect of acts done in pursuance of the Act unless done in bad faith (s 30).

• Authority and department: The Act applies to “departments and authorities” generally (s 13(1)). “Authority” is given a broad statutory meaning in s 4A, which expressly includes local governments, the Police Force, bodies established by written law, corporations over which control can be exercised by the State, and contractors and subcontractors to the extent they exercise delegated powers or perform functions of an applicable department or authority (s 4A(1)(a)-(f)). Schedule 1 and s 13(2) set out important exclusions where the Act does not apply or applies only to specified extents.

• Administrative action and investigable matters: Section 14(1) frames the Commissioner’s core jurisdiction as investigating “any decision or recommendation made, or any act done or omitted, that relates to a matter of administration and affects any person … in his or its personal capacity.” The Act excludes reviewing Cabinet or Ministerial merits decisions (s 14(3)), and provides that the Commissioner will generally not investigate matters where the aggrieved person has or had a right of appeal, review or court remedy unless it would be unreasonable to expect resort to those remedies (s 14(4)-(5)).

• Reportable conduct scheme: Key definitions are in Part III Division 3B. A “reportable allegation” is information that leads a person to reasonably believe an employee of a relevant entity has engaged in reportable conduct (s 19F). “Reportable conduct” includes sexual offences, sexual misconduct, physical assault against/with/in the presence of a child, significant neglect and conduct causing significant emotional or psychological harm to a child, together with offences prescribed by regulation (s 19G(1)(a)-(d)). A “reportable conviction” is a conviction for an offence referred to in s 19G(1)(a) or any regulationally‑prescribed offence (s 19H). Relevant entities are listed in Schedule 2 and include providers of education, health, disability, child care and out‑of‑home care services, religious bodies that provide activities that mean adults have contact with children, and certain public bodies (s 19I; Schedule 2).

• Systems, notification and investigation duties: Heads of relevant entities must ensure systems for prevention, reporting, notification and investigation of reportable conduct and for handling investigation information (s 19R). Employees who become aware of a reportable allegation must report to their head (s 19T), and the head must notify the Commissioner in writing within seven working days of becoming aware of a reportable allegation or conviction, providing specified particulars (s 19U(2)). Heads must then investigate, arrange investigation or engage an independent investigator, inform the Commissioner who will conduct or monitor investigations, and supply requested investigation information (ss 19W, 19S, 19Z).

• Procedural safeguards and review rights: Employees under investigation are to be informed and given opportunities to make submissions before adverse findings or disciplinary action (s 19X). The Commissioner’s own findings on a Commissioner‑conducted investigation may be reviewed by the State Administrative Tribunal on application by an aggrieved person within 28 days (s 19ZF). Where the Commissioner conducts an investigation and makes recommendations, heads must not implement recommendations involving an employee until the later of the period for SAT review or the final determination of such a review, subject to child‑welfare exceptions (s 19ZD(4)-(5)).

• Confidentiality and disclosure: The Act contains a secrecy regime to limit disclosure of investigation information (s 23). There are express disclosure gateways for consultation with other oversight bodies (ss 22A, 22AA) and for making requests to court registrars about convictions (s 19ZI). The reportable conduct Division creates specific disclosure permissions (ss 22C, 22AA). Publishing identifying information about reporters or child subjects is a criminal offence with prescribed penalties (s 19ZJ).

• Protections and offences: The Act protects complainants and good‑faith reporters from civil liability (s 30A; s 30AA), and creates offences for obstruction, wilful failure to comply, victimisation, specified publication, and other misconduct in relation to the operation of the Act (ss 24; 19U(6); 19W(7); 19Z(4); 19ZJ; 30B). Penalties range from fines (including $5,000 for breach of notification/investigation obligations; s 19U(6); s 19W(7); s 19Z(4)) through imprisonment provisions for publication and victimisation (s 19ZJ; s 30B).

These main concepts are interlocked: the Commissioner has oversight, investigatory and reporting powers; heads of relevant entities have specified systems and operational duties; employees and members of the public have reporting pathways; and statutory safeguards, confidentiality rules and review avenues are built into the investigative and post‑investigative process.

The Act’s scope reaches multiple categories of actors; the distribution of duties and protections varies by role.

• Departments and authorities: The base jurisdiction is “departments and authorities” (s 13(1)). For the purposes of the Act, references to departments or authorities include their members, officers and employees (s 13(3)(a)), and the Act treats officers, public service officers, and persons appointed by the Governor or by Ministers as constituting the officers and employees of a department (s 13(4)). However the Act expressly excludes certain organs and officers , either House of Parliament, judges and court staff, coroners, the Governor and others , listed in s 13(2) and Schedule 1 which also lists particular departments and authorities and functional extents where the Act does not apply (s 13(2)(n); Schedule 1).

• Contractors and subcontractors: The definition of authority includes contractors and subcontractors, and the Act applies to them where they exercise delegated powers or perform functions of an affected department or authority, but only to that extent (s 4A(1)(e)-(f)). Section 13(3)(b)(ii) extends references to officers in case of contractors to include persons employed by them and each director of such contractors (s 13(3)(b)(ii) and (c)(ii)).

• Relevant entities under the reportable conduct scheme: The reportable conduct scheme applies to entities listed in Schedule 2 that exercise care, supervision or authority over children as part of their primary functions or otherwise (s 19I). Schedule 2 lists public bodies (departments and authorities), education providers (schools, VET institutions, universities), health services (including private hospitals and mental health services with inpatient beds for children), out‑of‑home care providers, child care services, youth justice service providers, religious bodies (if they provide activities that allow adult contact with children, and a non‑exhaustive list of activities is provided in Schedule 2), disability services providers, and providers of accommodation and respite services for children (Schedule 2).

• Heads of relevant entities and employees: The Act imposes duties squarely on heads of relevant entities to ensure systems are in place (s 19R), to notify the Commissioner of allegations and convictions within seven working days (s 19U(2)), to investigate or arrange investigations when aware of a reportable allegation or conviction (s 19W(1)), and to report investigation outcomes (s 19Z). “Employees” of relevant entities is broadly defined in s 19D and includes employees, volunteers and contractors who provide services to children, carers, family day care educators, and in the case of religious bodies includes ministers of religion and religious leaders (s 19D(1)-(2)).

• Children and families: Children (persons under 18) are central to the reportable conduct scheme (s 19C). The Commissioner and heads of entities may disclose certain information to children, parents, guardians or persons with parental responsibility about the progress, findings and actions resulting from investigations, subject to safety, welfare and other statutory limits (s 19ZH).

• Police, courts and other oversight bodies: The Act provides processes where police investigations, other investigations or court proceedings may intersect with the Commissioner’s work (s 19ZG). The Commissioner may consult and disclose information to the Corruption and Crime Commission, Public Sector Commissioner, Director of Public Prosecutions, Inspector of Custodial Services and equivalent interstate bodies for relevant purposes (ss 22A, 22AA, 22B, 22C). The Commissioner may request registrars of relevant courts for information about reportable convictions (s 19ZI).

• Complainants and persons in custody: The Act provides that complaints are normally made by the person aggrieved but includes provision for complaints by personal representatives or members of family where the person cannot act (s 17(1)-(2)). Persons detained in custody have express statutory rights to facilities and postage for making sealed complaints to the Commissioner and protections against officers opening such sealed envelopes (s 17A).

• The Commissioner and staff: The Commissioner, Deputy Commissioner and officers are affected by appointment, tenure and conflict restrictions (s 5(8)-(9)), are exempt from Part 3 of the Public Sector Management Act (s 10(1)), and are protected from civil or criminal proceedings except where acting in bad faith (s 30).

Who pays. Salaries of the Commissioner and Deputy Commissioner are charged to the Consolidated Account (s 5(5)-(6)). Generally, the expenses of administering the Act are to be defrayed out of moneys provided by Parliament (s 32). For services under energy and water ombudsman schemes the governing body pays for services provided by the Commissioner under agreement (s 34(4)).

In short, the Act affects public sector entities and a specified set of non‑public entities that work with children, imposes reporting and investigatory obligations on heads of relevant entities and creates reporting pathways and protections for employees, complainants and children. The statutory exclusions in s 13(2) and Schedule 1 narrow who can be investigated under certain circumstances.

This section sets out the principal legal obligations the Act places on institutional actors and the rights that the Act affords to affected persons, with statutory references.

Duties of the Commissioner

• Conduct investigations into administrative action across departments and authorities (s 14; s 16). The Commissioner may act on reference from Parliament (s 15(1)) or on the Commissioner’s own motion or complaint (s 16(1)).
• Exercise powers of a Royal Commission for the purposes of investigations (s 20(1)); access premises (s 21); regulate procedure and conduct investigations in private (s 19(2)-(3), (8)).
• Oversee and monitor the reportable conduct scheme, educate and advise relevant entities, monitor investigations conducted by relevant entities, and investigate reportable allegations or convictions where in the public interest (s 19M(1)(a)-(f)).
• Request investigation information and make recommendations to heads of relevant entities (ss 19M(1)(g), 19S, 19W(5), 19Z(2)).

Duties of heads of relevant entities

• Ensure systems are in place for preventing, reporting, notifying, investigating and handling investigation information in relation to reportable conduct (s 19R).
• When becoming aware of a reportable allegation or conviction involving an employee, give written notice to the Commissioner within seven working days containing specified particulars (s 19U(1)-(2)). Heads are only required to provide information under specified items that they are aware of (s 19U(3)).
• Investigate the reportable allegation or conviction, arrange for an employee or independent investigator to investigate, and inform the Commissioner who is responsible for the investigation (s 19W(1)(a)-(b)).
• Take all reasonable steps to ensure investigations are carried out in a timely way (s 19W(2)).
• Make findings on reasonable grounds and, if a finding of reportable conduct is made, ensure appropriate action is taken in response and take action to improve systems where needed (s 19W(3)-(4)).
• Comply with written requests from the Commissioner for investigation information (s 19W(5); s 19Z(2)).

Duties of employees and other reporters

• Relevant employees (defined in s 19D(1)(a)) who become aware of a reportable allegation must report it as soon as practicable to the head of the relevant entity (s 19T(2)); other persons may report (s 19T(3)).
• Persons who make reports or provide information in good faith are protected from civil and criminal liability and breach of confidentiality by s 30AA and s 30A (s 30AA(3), 30A(1)).

Procedural rights for employees under investigation

• Employees who are the subject of an investigation must be informed they are the subject, told particulars of the allegation or conviction, and given the opportunity to make submissions before any adverse finding is made (s 19X(2)(a)-(b)). After proposed adverse findings, employees must be informed and given a further opportunity to make submissions (s 19X(2)(b)(i)-(ii)).
• Before any disciplinary or other action is taken as a result of findings, employees must be informed of the proposed action and allowed to make submissions (s 19X(3)(a)-(b)).
• Where the Commissioner conducts his own investigation into an employee (s 19ZB(1)(a)), the employee must be given written notice that an investigation will occur and must be given the Commissioner’s findings and reasons when the investigation ends (s 19ZD(2), 19ZD(3)(a)(i)-(ii), 19ZD(6)).

Review rights

• Persons aggrieved by a Commissioner finding following a Commissioner‑conducted investigation may apply to the State Administrative Tribunal for review within 28 days (s 19ZF(1)-(2)). The Tribunal must be constituted by a judicial member for such reviews (s 19ZF(3)).

Confidentiality and disclosure rights and limits

• The Commissioner and staff generally must not disclose information obtained in the course of investigations except for statutory purposes, including for the investigation, for certain prosecutions, or as authorised under Division 3B or ss 22A, 22AA, 22B, 22C (s 23(1); ss 22A, 22AA, 22B, 22C(2)).
• The Commissioner may disclose certain investigation information where the disclosure is in the public interest subject to procedural requirements and the obligation to afford people an opportunity to be heard before making adverse public comments (s 23(1b)-(1e)).

Notification timing and sanctions

• Heads must notify the Commissioner within seven working days of becoming aware of a reportable allegation or conviction and supply specified details (s 19U(2)). Failure to do so without reasonable excuse is an offence punishable by a fine of $5,000 (s 19U(6)).
• It is an offence for the head of a relevant entity to fail without reasonable excuse to comply with the duties to investigate or supply investigation information on request; penalty $5,000 (s 19W(7)).

Protections for reporters, complainants and officials

• Complainants and persons providing information in good faith are generally immune from civil proceedings in relation to making complaints or providing information unless done in bad faith; civil proceedings require leave of the Supreme Court and the Court will only give leave where substantial grounds exist that the person acted in bad faith (s 30A(1)-(3)).
• Section 30AA provides parallel protection for reportable conduct scheme reporters who act in good faith (s 30AA(1)-(4)).
• Section 30 protects the Commissioner and officers from civil and criminal proceedings for acts done in pursuance of the Act unless done in bad faith and requires leave of the Supreme Court for proceedings (s 30(1)-(3)).

These duties and rights form a network: heads must detect, notify and investigate; the Commissioner monitors, may investigate and report; employees have procedural protections; and statutory penalties and protections aim to incentivise compliance and safeguard reporters and investigative actors.

The Act contains a mix of criminal offences, monetary fines and other enforcement levers directed at compliance with notification, investigation, confidentiality and fair process obligations. Key enforcement provisions follow.

Monetary fines for statutory non‑compliance

• Failure by the head of a relevant entity to give the Commissioner written notice within seven working days after becoming aware of a reportable allegation or reportable conviction is an offence with a penalty of a fine of $5,000 (s 19U(6)).
• It is an offence for the head of a relevant entity to fail, without reasonable excuse, to comply with the requirement to investigate or to comply with requests for investigation information; penalty $5,000 (s 19W(7)).
• Failure by the head of a relevant entity to give the Commissioner the required written report of an investigation outcome, or to comply with a subsequent information request, is an offence with a $5,000 fine (s 19Z(4)).

Publication and identity offences

• Publishing information that identifies, or is likely to lead to the identification of, a person who has made a report under s 19T is an offence punishable by imprisonment for 2 years or a fine of $8,000 (s 19ZJ(2)).
• Publishing information that identifies or is likely to identify a child who is the subject of a report under s 19T, or a finding of reportable conduct under the Act, is also an offence punishable by imprisonment for 2 years or a fine of $8,000 (s 19ZJ(3)).
• The Act provides an exception where the publication is authorised under another Act (s 19ZJ(4)).

Victimisation and intimidation

• Section 30B creates offences criminalising conduct that prejudices or threatens to prejudice the safety or career of, intimidates, harasses or detrimentally treats a person because they have made a complaint, provided information in the course of an investigation, reported to a head or the Commissioner, or exercised powers under the Act. Penalty: $8,000 or imprisonment for 2 years (s 30B(1)). Attempts and incitement to commit such offences are also criminalised (s 30B(2)-(3)).

Obstruction and misleading

• Wilfully obstructing or hindering the Commissioner, refusing to comply with lawful requirements of the Commissioner, or wilfully making false statements or attempting to mislead the Commissioner in the exercise of powers under this Act is an offence. The Act states the misconduct offence in s 24 but does not specify the quantum of penalty within that section; other general penalties may apply (see s 31 for general penalty).

Other penalties and procedural bars

• The Act provides a general penalty provision: unless otherwise provided, a person guilty of an offence under the Act is liable to a penalty of $1,000 (s 31). This general penalty applies where a more specific penalty is not stated for the offence.
• For civil liability protections: the Act requires leave of the Supreme Court before civil proceedings are brought against complainants and persons who provide information in bad faith (s 30A(3); s 30AA(4)). The Supreme Court will not grant leave unless satisfied there is substantial ground for contention of bad faith (s 30A(3), s 30(2), s 30AA(4)).

Enforcement levers beyond penalties

• The Commissioner may request heads to notify of steps taken in response to recommendations and may lay reports before Parliament where appropriate (s 25(3)-(6); s 27). Publication of such reports can be a reputational enforcement mechanism. The annual report must include an account of the reportable conduct scheme (s 28(1)), which creates a statutory transparency obligation.
• The Commissioner can exempt heads from commencing or continuing an investigation (s 19P) and can conduct his own investigations and make findings and recommendations (ss 19ZB, 19ZD-19ZE). Findings by the Commissioner can be reviewed by the State Administrative Tribunal (s 19ZF), which operates as a check and enforcement route for those aggrieved.

Interaction with criminal process

• Where a police investigation or another investigation may be compromised by concurrent investigative activity under the reportable conduct scheme, the Commissioner and heads must consult with police or the other investigating body and may suspend or adapt investigations to avoid compromise (s 19ZG). This section preserves the operational integrity of concurrent investigations and may delay or alter enforcement steps under this Act where necessary.

Court jurisdictional questions and leave requirements

• Supreme Court jurisdictional determinations on whether the Commissioner has jurisdiction are possible under s 29, which is a procedural route to contest investigative reach.
• The Act’s protections build in a judicial gatekeeper for bringing suits against Commissioner personnel and complainants or reporters where allegations of bad faith are made: leave of the Supreme Court is required and will only be granted where substantial grounds exist (s 30(2); s 30A(3); s 30AA(4)).

In summary, enforcement combines specified criminal sanctions (notably for publication, victimisation and failure to comply with express reporting and investigatory duties), general penalties where specific penalties are not stated, supervisory powers including making reports to Parliament and the SAT review pathway for Commissioner findings. The Act also expressly coordinates with criminal investigatory bodies via consultation and suspension rules (s 19ZG), which will affect enforcement timing and outcomes.

The Act embeds numerous cross‑references and coordination points with other statutory regimes, both to enable information sharing and to set limits.

Primary statutory interactions and powers

• Royal Commissions Act 1968: When the Commissioner decides to investigate, the Commissioner is conferred the powers, rights and privileges of a Royal Commission and the relevant provisions of that Act apply as if enacted in this Act (s 20(1)-(1)(b)). That gives the Commissioner statutory compulsion powers, privilege regimes and procedural tools modelled on the royal commissions framework.

• Children and Community Services Act 2004 (CCS Act): The Act’s Division dealing with deaths of certain children (ss 19A-19B) cross‑refers to definitions and functions in the CCS Act (s 19A(2), s 19B(2)). The Commissioner becomes successor to the Child Death Review Committee for State Records Act 2000 purposes when that advisory body is abolished, and obtains information from the CCS Act processes for investigable child deaths (s 19B(1)-(4)). The Commissioner must not disclose certain information where it would contravene CCS Act provisions (s 19ZH(3)(a)(ii)).

• Working with Children (Criminal Record Checking) Act 2004: Heads must provide details of any application for assessment notices and identifying numbers for current assessment notices as part of the seven working day notification to the Commissioner (s 19U(2)(d)). The Commissioner may also request information about reportable convictions and obtain registrars’ records (s 19ZI).

• State Administrative Tribunal Act 2004: Commissioner findings on Commissioner‑conducted investigations are reviewable in the SAT, which for this purpose must be constituted by a judicial member and treats the Commissioner’s finding as a decision under the SAT Act (s 19ZF(1)-(4)).

• Police and criminal regimes: The Commissioner must consult and coordinate where a police investigation or other investigation may be jeopardised by reportable conduct investigations; the Commissioner or head may suspend their investigation until otherwise advised and must take steps to manage risks (s 19ZG(1)-(6)). The Commissioner can consult and disclose information to the Director of Public Prosecutions, Commissioner of Police and other relevant prosecuting authorities and oversight bodies (ss 22A, 22AA, 22B, 22C).

• Corruption, Crime and Misconduct Act 2003 and oversight bodies: The Commissioner may consult the Corruption and Crime Commission, Public Sector Commissioner, Inspector of Custodial Services and the Director of Public Prosecutions, and may disclose information relevant to their functions (ss 22A(1); 22B and 22C). The Act preserves disclosure pathways for matters relevant to those bodies’ functions.

• Energy and water ombudsman schemes and other contractual arrangements: The Commissioner may enter into agreements to serve as ombudsman for approved energy and water schemes, with the governing body paying for services and the arrangement not regarded as exercise of powers under the Act (s 34(1)-(5)). Services remain protected by s 30(1)-(3).

Secrecy and disclosure limits

• The Act permits disclosure of investigation information for specified consultation and statutory purposes (s 23; ss 22A, 22AA, 22B, 22C). Subsection 20(2A) removes secrecy obligations for disclosure of information for the purposes of an investigation by persons in the service of the Crown or authorities to which the Act applies. Section 19ZH imposes limits on disclosing information about children and parents, including where disclosure would put wellbeing or safety at risk or contravene the CCS Act provisions (s 19ZH(3)(a)-(c)).

Exclusions and schedule interplay

• Section 13(2) and Schedule 1 list courts, judicial officers, Parliament and specific statutory officers or functional extents which are excluded from the Act. Interaction with those other pieces of legislation requires careful reading of Schedule 1 and the listed Acts (s 13(2); Schedule 1).

Regulations and delegation

• The Governor may make regulations to amend Schedules 1 or 2 and to prescribe matters necessary or convenient to give effect to the reportable conduct scheme (s 33). The Commissioner may delegate functions to the Deputy Commissioner or staff where authorised by Rules of Parliament (s 11). The Act further provides for the Commissioner of Police to delegate certain functions under s 19ZG, 22AA or 22C(2)(b) to specified officers (s 29A).

Timing, review and transitional interaction

• The reportable conduct amendments require the Minister to review operation and effectiveness five years after commencement and report to Parliament (s 19ZK). The compilation table and notes archive the Act’s amendment history and show how successive statutes have altered cross‑references and application (Compilation table; Notes).

Practical consequence: the Act is more a coordinator and overseer than a self‑contained investigatory code. It deliberately binds into a network of criminal law, child protection, public sector management, oversight bodies and administrative tribunals by enabling information flows (with statutory limits), consultation obligations, and procedural coordination, and by deferring or suspending investigations where other investigations are active (s 19ZG). Legal practitioners and compliance officers must therefore read the Act alongside the CCS Act, Royal Commissions Act 1968, Working with Children Act, SAT Act and relevant prosecutorial and oversight statutes to determine rights and interaction points.

The Act is extensively amended and the compilation table in the source lists multiple amendments and reprints. Below are the key mechanical amendment milestones reflected in the Act as compiled.

• Enactment and early amendments: The Parliamentary Commissioner Act 1971 (No. 64 of 1971) received assent on 22 December 1971 and commenced 12 May 1972 (Compilation table). The Act was amended in 1976 (Parliamentary Commissioner Act Amendment Act 1976, No. 68 of 1976) and in 1982 (No. 13 of 1982), 1984 (No. 124 of 1984) and multiple subsequent Acts through the 1980s and 1990s, as shown in the compilation table.

• Structural and functional amendments: The Act was amended on a number of occasions to refine appointment and staffing arrangements (s 5; s 9), to clarify delegation and Rules of Parliament (s 11; s 12), and to define “authority” and expand the entities covered (s 4A was inserted by No. 78 of 1996 and later amended by No. 47 of 1999 and No. 26 of 2016).

• Child death review functions: In 2009 the Act was amended (Parliamentary Commissioner Amendment Act 2009, No. 10 of 2009) to add Part III Division 3A (ss 19A-19B) dealing with investigable deaths of children and to make the Commissioner successor to the Child Death Review Committee for certain records purposes (s 19B(1)-(4)). These provisions cross‑refer to the CCS Act (s 19A(2)).

• Reportable conduct scheme: The most substantial recent amendment is the Parliamentary Commissioner Amendment (Reportable Conduct) Act 2022 (No. 25 of 2022). It inserted Division 3B (ss 19C-19ZK) creating the reportable conduct scheme, added Schedule 2 listing relevant entities (s 19I; Schedule 2), updated secrecy and disclosure provisions to accommodate the scheme (ss 22AA; 22C; s 23 amendments), and created new obligations and offences (ss 19U; 19W; 19ZJ; s 30AA; s 19ZK review requirement). The compilation table records commencement of most 2022 amendments on 1 January 2023, and Part 2 Division 2 on 1 January 2024 (Compilation table).

• Other amendments: The Act has been consistently updated over decades to reflect changes in public administration, court structures and related oversight bodies. Notable insertions include consultation and disclosure adjustments to allow liaison with the Corruption and Crime Commission, Public Sector Commissioner and Director of Public Prosecutions (No. 78 of 1996; ss 22A, 22B), and more recent additions to align the Act with the Criminal Law (Mental Impairment) Act 2023 and the Information Commissioner Act 2024 (Compilation table entries for 2023 and 2024 amendments).

• Schedule revisions: Schedule 1 and Schedule 2 have been amended to add and adjust lists of departments, authorities and relevant entities; s 33 expressly permits regulations to amend Schedules 1 or 2 to keep the list current.

The compilation table in the source provides a detailed chronological list of amendments and reprints. Those seeking to trace the Act’s precise text changes, commencement dates and transitional arrangements should consult that compilation table and the reprint notes contained in the source text.

The source text does not record any judicial decisions or cases that interpret or test the Parliamentary Commissioner Act 1971. The Act itself provides a statutory mechanism for jurisdictional questions to be determined by the Supreme Court: either the Commissioner or a party subject to an investigation may apply to the Supreme Court where a question arises as to whether the Commissioner has jurisdiction to conduct the investigation, and the Court may make orders it considers proper (s 29(1)-(3)). The Act also provides for review of Commissioner findings by the State Administrative Tribunal where the Commissioner conducted an investigation under s 19ZB(1)(a) , these findings are treated as reviewable decisions under the SAT Act and the Tribunal must be constituted by a judicial member for such reviews (s 19ZF(1)-(4)).

Because the statutory text provided here contains no reported litigated decisions or citations to cases, there is no litigation history supplied in this compilation. Practitioners seeking interpretive authority or precedent should search court and tribunal decisions post‑dating the reprints and amendments to see how courts or the SAT have construed jurisdictional boundaries (s 29) and procedural or confidentiality provisions (s 23, s 19ZJ), and to identify any judicial tests for public interest discretion to investigate (s 19ZB(2)) or for the Court’s threshold for leave in actions against Commissioner staff (s 30(2)).

The Act’s internal review and dispute pathways are statutory: Supreme Court determinations of jurisdiction (s 29) and SAT review of Commissioner findings (s 19ZF). Those mechanisms are the default routes to litigate issues arising under this Act.

This Act contains multiple provisions that create practical compliance traps and operational tensions; the following are concrete points to note and the statutory mechanism that produces the issue.

• Tight statutory timeframes for notification: Heads of relevant entities must notify the Commissioner in writing within seven working days after becoming aware of a reportable allegation or conviction and provide specified details including identifying particulars and whether police have been contacted (s 19U(2)(a)-(i)). Failure to do so without reasonable excuse attracts a $5,000 fine (s 19U(6)). The head is only required to provide items they are aware of (s 19U(3)), but the short window makes rapid internal triage and information gathering necessary.

• Broad definition of “employee” in the reportable conduct scheme: “Employee” encompasses volunteers, contractors, subcontractors and persons engaged to work for contractors or subcontractors in relation to children (s 19D(1)(b)-(d)). Entities that use contractors or volunteers must ensure their systems cover these non‑payroll workers or risk notification obligations and exposure to findings.

• Coverage of religious bodies: Schedule 2 includes religious bodies that provide programs or activities that provide means for adults to have contact with children, with an extensive non‑exhaustive list of activities in Schedule 2 (e.g., youth camps, tutoring, choirs) (Schedule 2). Entities that might consider themselves outside state regulation should check Schedule 2 carefully.

• Interaction with police and other investigations: Section 19ZG allows police or other investigating bodies to advise that a reportable conduct investigation might compromise their investigation, and provides for suspension of the reportable conduct investigation. The Commissioner and heads must consult police or the investigating body before suspending (s 19ZG(1)-(4)). That creates potential delay and operational complexity where multiple investigations are active.

• Publication and identification prohibitions: There are serious criminal sanctions for publishing material that identifies reporters or child subjects (s 19ZJ(2)-(3)). Entities and media should be alert that even indirect identification may attract penalties, and that the prosecution threshold includes “likely to lead to identification”. Publication exceptions exist under other Acts (s 19ZJ(4)), but careful legal advice should be sought before public statements.

• Confidentiality exceptions and disclosure complexity: The secrecy rules (s 23) are balanced by multiple disclosure gateways (ss 22A, 22AA, 22B, 22C and Division 3B). Practitioners must map which disclosure gateway applies in each case; for example, information obtained for the reportable conduct scheme may be disclosed to specified bodies under s 22C, whereas other investigation information may be disclosed under s 22B. Missteps can risk prosecution under s 23(2).

• Employee rights to procedural fairness create operational pauses: Heads must afford employees opportunities to respond and make submissions before adverse findings or disciplinary action (s 19X). When the Commissioner conducts an investigation and issues recommendations involving an employee, heads must not implement recommendations involving an employee until the SAT review period expires or the review is finally determined, except where urgent child welfare action is required (s 19ZD(4)-(5)). That can limit immediate remedial steps and requires risk management planning.

• Exemptions and Crown agent limitations: The Commissioner may exempt classes of conduct, entities or investigations (ss 19N-19P). Certain provisions do not apply where a relevant entity is an agent of the Crown (s 19L). Entities and their counsel must determine if an exemption applies and how s 19L modifies duties in practice.

• Secrecy direction by Commissioner: The Commissioner may direct a person receiving a document not to disclose information except for investigation purposes (s 23(1a)). That direction is binding and could constrain internal reporting; organisations should track and comply with such directions.

• Multiple penalties and varied enforcement thresholds: The Act contains specific $5,000 fines for notification and disclosure failures in the reportable conduct Division, higher criminal penalties for publication and victimisation ($8,000 and/or 2 years’ imprisonment), and a general $1,000 penalty for other offences (ss 19U(6); 19W(7); 19Z(4); 19ZJ; 30B; s 31). Non‑lawyers may miss the difference between specific and general penalties.

• Records and reporting obligations: Annual reporting on the reportable conduct scheme must be included in the Commissioner’s annual report under the Financial Management Act and must not include information that could identify a child or person investigated (s 28(1)-(2)). Heads should keep records that aggregate issues but avoid identifying details in public reporting.

• Interaction with other statutory regimes: The Act’s coordination with the CCS Act, Working with Children checks and criminal records obligations (s 19U(2)(d); s 19ZI) means that procedural steps required for other statutes may need to run in tandem with obligations under this Act. Failure to align could create regulatory conflict or delayed compliance.

Each of these “gotchas” flows from a specific provision in the Act; organisations should map duties, timelines and disclosure rules across their operational processes to avoid fines, criminal exposure or procedural voids.

This section sets out concrete compliance steps and organisational practices that follow from the Act’s provisions. Citations to relevant sections are supplied so compliance owners can locate the statutory source.

1. Determine whether the Act applies to your entity

• Check s 19I and Schedule 2 to determine if the entity is a “relevant entity” for the reportable conduct scheme. If your entity is a department or authority, s 13(1) makes the Act applicable unless an exclusion in s 13(2) or Schedule 1 applies. For contractors, review s 4A(1)(e)-(f) to determine whether conduct arises from delegated functions.

2. Nominate and ensure an approved head where required

• For entities lacking a chief executive or principal officer, follow s 19Q: nominate a person or position and seek written approval from the Commissioner to be the head of the relevant entity so that statutory duties (ss 19R, 19U, 19W, 19Z) can be lawfully exercised.

3. Establish and document systems as required by s 19R

• Put in place documented systems that cover:
  • Prevention of reportable conduct (training, codes, recruitment screening);
  • Reporting channels for any person, including employees, volunteers and contractors (s 19R(b));
  • Mechanisms to report to the Commissioner where the head is implicated (s 19R(c));
  • Timely notification to the Commissioner within seven working days, and internal triage to gather the details required by s 19U(2)(a)-(j);
  • Investigation procedures and options to engage independent investigators (s 19W(1));
  • Secure handling, storage and disclosure controls for investigation information (s 19R(f); s 19S).

4. Train staff on reporting obligations and confidentiality

• Ensure relevant employees (s 19D(1)(a)) know their duty to report reportable allegations and convictions to their head as soon as practicable (s 19T(2)), and that all staff understand the protections available under s 30AA and the publication prohibitions in s 19ZJ to avoid inadvertent breaches.

5. Prepare internal investigation protocols aligned to s 19W and s 19X

• Ensure procedures allow heads to:
  • promptly decide whether to investigate or engage an independent investigator (s 19W(1));
  • conduct investigations in a timely way (s 19W(2));
  • provide the employee with notice of the investigation, particulars and an opportunity to make submissions prior to any adverse finding (s 19X(2));
  • inform the employee of proposed adverse findings and proposed disciplinary action and allow further submissions (s 19X(2)(b), s 19X(3));
  • maintain records of submissions and reasons for findings to supply to the Commissioner and to support any SAT review (s 19Z(1)(a)(ii); s 19ZF).

6. Comply with notification and reporting timeframes and content

• On becoming aware of a reportable allegation or conviction, the head must notify the Commissioner in writing within seven working days with the details listed in s 19U(2)(a)-(j). Keep templates ready to capture the required information, and log when the head actually became aware to meet the timeframe. Heads must also provide written reports at the end of investigations containing findings, reasons, submissions, disciplinary or other actions, and proposed or taken improvement actions (s 19Z(1)(a)-(b)).

7. Respond to Commissioner requests and manage exemptions

• If the Commissioner requests investigation information under s 19W(5) or s 19Z(2), supply it promptly (s 19W(6)). Where relevant, the head may request the Commissioner to exempt the head from commencing, continuing, or reporting an investigation under s 19P(3) or 19Y(3); obtain written notice of any exemption (s 19P(4)).

8. Protect confidentiality and control disclosures

• Follow s 23 and related disclosure gateways (ss 22A, 22AA, 22B, 22C). Only disclose investigation information where statute expressly permits or where directed by the Commissioner. Ensure media/public communications avoid identifying reporters or child subjects to prevent the publication offences in s 19ZJ.

9. Coordinate with police and other investigative bodies

• Where a police or other investigation may be compromised, consult under s 19ZG(3)-(4). Be prepared to suspend internal investigations or to take steps to manage risks during suspension and promptly advise the Commissioner of suspension and risk management steps (s 19ZG(5)).

10. Manage procedural fairness and timing with an eye to SAT review

• If the Commissioner conducts an investigation and makes findings, understand that employees may apply to the SAT within 28 days (s 19ZF). Avoid implementing Commissioner recommendations affecting employees until the SAT application period elapses or any review is concluded, except where child safety requires immediate action (s 19ZD(4)-(5)).

11. Record keeping, annual reporting and continuous improvement

• Maintain secure records of notifications, investigations, findings, disciplinary actions and improvement steps. The Commissioner’s annual report must include an account of the reportable conduct scheme (s 28). Heads should track trends, notifications and investigations to feed into the Commissioner’s monitoring and for their own compliance and improvement planning (s 28(1)(c)).

12. Legal oversight and advice

• For jurisdictional questions, consider s 29: either the Commissioner or the party subject to an investigation may apply to the Supreme Court to determine whether the Commissioner has jurisdiction. Seek judicial guidance early on potential jurisdiction disputes.

13. Review obligations and regulatory updates

• The Minister must review the operation of the reportable conduct amendments five years after commencement and consider expanding the scheme (s 19ZK). Entities should maintain compliance programs that can be scaled or revised in light of regulatory changes or expanded coverage.

14. Accountability for contractors and volunteers

• Ensure that contractual terms and engagement practices with contractors and volunteers reflect the entity’s obligations under s 19D and s 4A, including screening, reporting obligations and cooperation with investigations.

15. Financial and resourcing planning

• Anticipate resourcing to meet notification and investigation obligations and to respond to Commissioner requests; salaries of the Commissioner and associated expenses are charged to the Consolidated Account (s 5(6); s 32), but relevant entities will bear the operational costs of compliance.

Operationalising these steps will materially reduce statutory breach risk (notably the $5,000 fines and the publication and victimisation penalties), protect the rights of employees and children, and ensure that entities meet the Commissioner’s information and cooperation expectations.