143New section 7EA inserted

143 New section 7EA inserted

After section 7E of the Parliamentary Salaries, Allowances and Superannuation Act 1968 insert—

"7EA Separation payment—finding of serious parliamentary misconduct, improper conduct or detrimental action

(1) The Parliamentary Workplace Standards and Integrity Commission may determine that a person is not entitled to a separation payment under section 7E if the Commission makes a finding under the Parliamentary Workplace Standards and Integrity Act 2024 that the person—

(a) has engaged in serious parliamentary misconduct; or

(b) has engaged, is engaging or proposes to engage in improper conduct; or

(c) has taken, is taking or proposes to take detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012.

(2) A determination under subsection (1) must be made by written notice to the person who is the subject of the determination.

(3) The Parliamentary Workplace Standards and Integrity Commission must provide a copy of a determination under subsection (1) to the Clerk of the relevant House of the Parliament.

(4) A person who is the subject of a determination under subsection (1) is not entitled to appeal to the Compliance Officer against the determination.

(5) A separation payment made to a person who is the subject of a determination under subsection (1)—

(a) becomes a debt due to the State; and

(b) may be recovered by the Clerk of the relevant House of the Parliament as a debt due to the State in a court of competent jurisdiction.

(6) In this section—

improper conduct has the same meaning as in the Public Interest Disclosures Act 2012;

Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;

serious parliamentary misconduct has the same meaning as in the Parliamentary Workplace Standards and Integrity Act 2024.".