Section 1 - Parliamentary Workplace Standards and Integrity Regulations 2025 - Parliamentary Workplace Standards and Integrity Regulations 2025

Version No. 001

Parliamentary Workplace Standards and Integrity Regulations 2025

S.R. No. 17/2025

Version as at
8 April 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Definitions 1

Part 2—Prescribed services and purposes 2

4 Prescribed services and purposes 2

Part 3—Prescribed forms 3

5 Confidentiality notice 3

Schedule 1—Forms 4

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Endnotes 10

1 General information 10

2 Table of Amendments 12

3 Explanatory details 13

Version No. 001

Parliamentary Workplace Standards and Integrity Regulations 2025

S.R. No. 17/2025

Version as at
8 April 2025

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to prescribe the form of a confidentiality notice issued by the Commission; and

(b) to provide further circumstances in which a restricted matter specified in a confidentiality notice may be disclosed.

2 Authorising provision

These Regulations are made under section 114 of the Parliamentary Workplace Standards and Integrity Act 2024.

3 Definitions

In these Regulations—

the Act means the Parliamentary Workplace Standards and Integrity Act 2024;

Victorian Managed Insurance Authority means the body established under section 5(1) of the Victorian Managed Insurance Authority Act 1996.

Part 2—Prescribed services and purposes

4 Prescribed services and purposes

(1) For the purposes of section 81(2)(f)(iii) of the Act, the following services are prescribed for the purposes of seeking crisis support, suicide prevention and mental health and wellbeing support services—

(a) 1800 Respect, delivered by Telstra Health Pty Ltd ABN 38 163 077 236;

(b) Beyond Blue Ltd ACN 093 865 840;

(d) Lifeline Australia ACN 081 031 263;

(e) QLife, delivered by LGBTIQ+ Health Australia ACN 138 151 569;

(f) SANE Australia ACN 006 533 606;

(g) Victorian Aboriginal Health Service Co‑operative Ltd ABN 51 825 578 859.

(2) For the purposes of section 81(2)(f)(iii) of the Act, the Victorian Managed Insurance Authority is prescribed for the purposes of insurance and indemnities in relation to legal costs.

Part 3—Prescribed forms

5 Confidentiality notice

For the purposes of section 77(3)(a) of the Act, the prescribed form of a confidentiality notice is Form 1 in Schedule 1.

Schedule 1—Forms

FORM 1

Regulation 5

CONFIDENTIALITY NOTICE

Parliamentary Workplace Standards and Integrity Act 2024

To: [insert name of person subject to confidentiality notice]

Address: [insert address details]

THIS CONFIDENTIALITY NOTICE IS IMPORTANT.

PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.

PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

1. What is this confidentiality notice?

This confidentiality notice is issued under section 77 of the Parliamentary Workplace Standards and Integrity Act 2024 in respect of the following restricted matters:

[Describe the investigation to which the confidentiality notice relates.]

[Specify the restricted matter or matters including how the restricted matter relates to the recipient.]

Because you have been given this confidentiality notice, you are not permitted to disclose the restricted matters above, except in certain circumstances. These circumstances are described under the section titled "When are you authorised to disclose information?".

There are severe penalties for breaching a confidentiality notice by disclosing a restricted matter when you are not permitted to do so. You could face:

 up to 12 months in prison; or

 a fine of up to 120 penalty units; or

 both.

*You should also be aware of additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures.

2. Why have you been given this notice?

You have been given this confidentiality notice because the Parliamentary Workplace Standards and Integrity Commission (the Commission) considers that your disclosure of any of the restricted matters described above would be likely to prejudice:

*an investigation by the Commission, the Ombudsman, the Independent Broad-based Anti-corruption Commission or Integrity Oversight Victoria; or

*the safety of a person; or

*the reputation of a person; or

*the fair trial of a person who has been, or may be, charged with an offence.

3. When are you authorised to disclose information?

Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.

If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?", then you cannot disclose the restricted matter to that person or organisation. For example, if "your employer or your manager" does not appear under those headings, then you cannot disclose the restricted matter to your employer or manager.

Restricted matter:[Specify restricted matter or matters as listed under paragraph 1] You can disclose this restricted matter:* ✓ to your spouse or domestic partner.* ✓ to your employer or your manager or both.* ✓ to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.* ✓ to the Victorian Managed Insurance Authority for the purposes of insurance and indemnities in relation to legal costs.* ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding.
The Commission has directed that you cannot disclose this restricted matter:✗ to your spouse or domestic partner.✗ to your employer or your manager.✗ to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.✗ to a trade union.✗ to an employee assistance program.✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.* ✗ to the Victorian Managed Insurance Authority for the purposes of insurance and indemnities in relation to legal costs.*✗ for the purpose of an application to the Fair Work Commission, including any related proceeding.

[Repeat table as necessary for any restricted matter that can be disclosed in circumstances different from those above.]

4. Can you disclose in any other circumstances?

You are always permitted to disclose a restricted matter in the following circumstances:

 for the purposes of making a complaint to Integrity Oversight Victoria or to the Independent Broad-based Anti-corruption Commission;

 for the purposes of complying with a witness summons served on you by the Independent Broad-based Anti-corruption Commission under the Independent Broad-based Anti-corruption Commission Act 2011 or Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011;

 if the Commission directs you or authorises you to disclose a restricted matter, including if you have requested authorisation to disclose a restricted matter and the Commission has provided that authorisation;

 if the disclosure is authorised or required by the Parliamentary Workplace Standards and Integrity Act 2024;

 if the disclosure is necessary for you to comply with a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:

 to an interpreter if you do not know enough English to understand the nature of the confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;

 to a parent, guardian or independent person if you are under the age of 18 years;

 to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;

 to a legal practitioner for the purposes of obtaining legal advice or representation in relation to this confidentiality notice, or an order extending this confidentiality notice, or your rights, liabilities, obligations and privileges under:

 the Parliamentary Workplace Standards and Integrity Act 2024;

 the Independent Broad-based Anti-corruption Commission Act 2011;

 the Public Interest Disclosures Act 2012;

 the Integrity Oversight Victoria Act 2011;

 the Fair Work Act 2009 of the Commonwealth;

 the Local Government Act 2020;

 the Racing Act 1958;

 the Freedom of Information Act 1982;

 if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;

 if the restricted matter is information that has otherwise been made public in accordance with the Parliamentary Workplace Standards and Integrity Act 2024 or any other Act;

 if the restricted matter is information that has been published in a report by the Commission, a Privileges Committee, the Integrity and Oversight Committee or any of the following investigating entities:

 the Independent Broad-based Anti-corruption Commission;

 Victoria Police;

 the Victorian Ombudsman;

 Integrity Oversight Victoria;

 the Judicial Commission, including an investigating panel appointed by the Judicial Commission;

 the Racing Integrity Commissioner;

 the Information Commissioner;

 the Chief Municipal Inspector.

5. What are your obligations if you make a permitted disclosure?

If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face the same severe penalties listed above, including up to 12 months in prison or a fine of up to 120 penalty units or both.

6. When does this confidentiality notice expire or otherwise cease to have effect?

This confidentiality notice expires or otherwise ceases to have effect on the date when the first of the following events occurs:

 the Commission cancels this confidentiality notice and issues you with a new notice that includes different restricted matters;

 the Commission cancels this confidentiality notice and issues you with a new notice because it believes that it is no longer necessary to restrict disclosure of one or more restricted matters in this notice;

 the Commission cancels this confidentiality notice because it believes that it is no longer necessary to restrict disclosure of any restricted matters in this notice;

 the Commission cancels this confidentiality notice and issues you with a new notice that includes further direction or authorisation in relation to the disclosure of any restricted matters;

 the Commission cancels this confidentiality notice at the conclusion of an investigation;

 if the Supreme Court makes an order extending this confidentiality notice, the period of extension ends.

7. Where can I get more information about this confidentiality notice?

A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.

You can also obtain legal advice about this confidentiality notice from a legal practitioner.

[attach a copy of sections 78 and 79 of the Parliamentary Workplace Standards and Integrity Act 2024 and an explanation of the effect of those provisions]

[signature]

[name]

[title]

Date: [insert date]

*Delete if not applicable.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Parliamentary Workplace Standards and Integrity Regulations 2025, S.R. No. 17/2025 were made on 8 April 2025 by the Governor in Council, on the recommendation of the Premier, under section 114 of the Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024 and came into operation on 8 April 2025.

The Parliamentary Workplace Standards and Integrity Regulations 2025 will sunset 10 years after the day of making on 8 April 2035 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Parliamentary Workplace Standards and Integrity Regulations 2025 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

No entries at date of publication.

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