23Including details of certain non‑compliance by parliamentarians in a public report

23 Including details of certain non‑compliance by parliamentarians in a public report

(1) This section applies if a parliamentarian: (a) fails to comply with a request for information under subsection 64(1) within the period specified in the request; or (b) fails to comply with a provision of the Members of Parliament (Staff) Act 1984 that requires the parliamentarian to consult with the PWSS before terminating the employment of a MOPS employee; or (c) fails to comply with a requirement determined under paragraph 18(2)(b) (completion of mandatory training or education program) that applies to the parliamentarian. (2) The CEO may determine that the PWSS will include details about the failure in a public report. (3) If the parliamentarian is a member of a Parliamentary party, the CEO must inform the Leader of the party of the CEO’s determination before the public report is given to the President of the Senate and the Speaker of the House of Representatives under subsection 22(5). (4) In considering whether details should be included in a public report, the CEO may have regard to any relevant matter and must have regard to the following: (a) the nature of the failure and the circumstances in which it occurred; (b) the reason (if any) given by the parliamentarian for the failure; (c) any previous failure by the parliamentarian of a kind covered by subsection (1); (d) the consequences of the failure; (e) if the failure relates to a person other than the parliamentarian—whether the inclusion of the details would identify the other person; (f) any submissions made under subsection (5) or (7) in relation to the failure. Consultation with parliamentarians (5) Before the CEO makes a determination under subsection (2), the CEO must give the parliamentarian a written notice: (a) stating that the CEO is proposing for the PWSS to include details about the failure in a public report; and (b) inviting the parliamentarian to make submissions to the CEO in relation to the proposal within a reasonable period specified in the notice. (6) The CEO must give the parliamentarian a written notice informing the parliamentarian of the CEO’s decision on the proposal. Consultation with other persons (7) If: (a) the failure relates to a person other than the parliamentarian; and (b) the inclusion of details about the failure in a public report identifies, or is likely to enable the identification of, the person; then before the CEO makes a determination under subsection (2), the CEO must give the person a written notice: (c) stating that the CEO is proposing for the PWSS to include details about the failure in a public report; and (d) inviting the person to make submissions to the CEO in relation to the proposal within a reasonable period specified in the notice. (8) The CEO must give the person a written notice informing the person of the CEO’s decision on the proposal.