24CYDecision on conduct issue

24CY Decision on conduct issue

Decision on conduct issue (1) After considering the responses (if any) given on the draft report, the decision‑maker must decide: (a) whether the decision‑maker is satisfied, on the balance of probabilities, that the respondent has engaged in relevant conduct; and (b) if the decision‑maker is satisfied that the respondent has engaged in relevant conduct—whether to make any recommendations in relation to the respondent; and (c) if the decision‑maker is satisfied that the respondent has engaged in relevant conduct, and the respondent is a current or former parliamentarian—whether to impose any sanctions on the respondent; and (d) if: (i) the decision‑maker is satisfied that the respondent has engaged in relevant conduct that is serious; and (ii) the respondent is a current member of a House of the Parliament; and (iii) the decision‑maker is satisfied that it is appropriate for a parliamentary sanction to be imposed on the respondent; whether to refer the finding (the serious breach finding) that the respondent has engaged in the relevant conduct to the Privileges Committee of that House.

Note 1: To avoid doubt, a finding by the decision‑maker that the respondent has engaged in relevant conduct is not a finding of guilt in relation to an offence against a law of the Commonwealth, a State or a Territory.

Note 2: The decision‑maker is not required to make a recommendation, impose a sanction or make a referral, even if the decision‑maker is satisfied that the respondent has engaged in relevant conduct.

Note 3: The decision‑maker may, in making a decision under this section, take into account any apology made by the respondent that was facilitated by a Commissioner (see subsection 24CX(5)).

(2) The decision‑maker may decide to make a recommendation, impose a sanction or refer a serious breach finding only if the decision‑maker is satisfied that doing so is necessary to promote appropriate conduct in Commonwealth parliamentary workplaces. (3) A decision made by the decision‑maker comes into operation on: (a) if an application under section 24DA for review of the decision has been made within the period specified in that section—the day after the application is finally determined; or (b) if an application under section 24DA for review of the decision has not been made within the period specified in that section—the day after the end of that period.

Note: If a review panel varies or substitutes the decision, the decision as varied or the substituted decision is taken to be the decision of the decision‑maker (see subsection 24DD(6)).

Recommendations that may be made (4) For the purposes of paragraph (1)(b), the following recommendations may be made: (a) if the respondent is a MOPS employee—a recommendation for the respondent’s employer to take any of the following actions within a specified period: (i) give the respondent a written reprimand; (ii) require the respondent to undertake training or professional development; (iii) require the respondent to enter into an agreement with the employer about the respondent’s future behaviour; (iv) re‑assign the respondent’s duties, if it is reasonably practicable to do so; (v) deduct from the respondent’s annual salary, by way of fine, an amount not exceeding 2% of that salary; (vi) terminate the respondent’s employment; (b) if the respondent is a non‑core participant—a recommendation for a Presiding Officer to restrict or remove the respondent’s access to the precincts (within the meaning of the Parliamentary Precincts Act 1988) for a specified period; (c) if the respondent is a former MOPS employee—a recommendation for the respondent’s former employer to give the respondent a written reprimand; (d) if the respondent is neither a parliamentarian nor a MOPS employee—a recommendation for the respondent’s employer to take, within a specified period, any action that the decision‑maker considers appropriate, taking into account the seriousness of the conduct concerned. Sanctions that may be imposed (5) For the purposes of paragraph (1)(c), the following sanctions may be imposed: (a) a written reprimand; (b) a requirement that the respondent undertake training or professional development within a specified period; (c) a requirement that the respondent enter into an agreement with the IPSC about the respondent’s future behaviour. Deduction of amounts from salary (6) If the decision‑maker recommends that an amount be deducted from the respondent’s salary by way of fine: (a) the fine may be deducted from a payment of salary made to the respondent; or (b) 2 or more amounts that in total equal the fine may be deducted from 2 or more payments of salary made to the respondent.