24ASimplified outline of this Part

24A  Simplified outline of this Part

This Part establishes the Independent Parliamentary Standards Commission.

The IPSC consists of:

 (a) the Commissioners; and

 (b) persons made available by the CEO to assist the IPSC to perform its functions.

The functions of the IPSC include:

 (a) assisting the Commissioners in the performance of their functions; and

 (b) publishing guidance about its functions and the functions of the Commissioners.

The Commissioners are able to investigate conduct issues that arise from a complaint or referral made to the IPSC, or that the Chair Commissioner becomes aware of in any other way.

A conduct issue is an issue of whether a person has engaged in relevant conduct. Relevant conduct means:

 (a) pre‑Code conduct, which is certain conduct engaged in by parliamentarians, MOPS employees or non‑core participants before the Behaviour Codes have commenced; or

 (b) post‑Code conduct, which is conduct in breach of a Behaviour Code that is engaged in by any Commonwealth parliamentary workplace participant.

If a person is found to have engaged in such conduct, the Commissioners may:

 (a) recommend actions to be taken against the person; and

 (b) if the person is a current or former parliamentarian—impose sanctions on the person; and

 (c) if the person is a current member of a House of the Parliament and a serious breach finding is made—refer the finding to the Privileges Committee of that House.

Division 4 provides for internal reviews of decisions made by Commissioners.

Division 5 deals with the process for referring a serious breach finding to the Privileges Committee of a House of the Parliament.

Division 6 deals with information‑gathering powers, confidentiality notices, and the circumstances in which an entrusted person may record or disclose information.

Division 7 sets out the Commissioners’ power to make public statements about conduct issues that were or are before the IPSC.

Division 8 provides protections and immunities for persons who make complaints about or refer conduct issues, or provide other information, under this Act.

Subdivision B—Key concepts for the IPSC

24AA  Meanings of conduct issue and respondent

 (1) A conduct issue is an issue of whether a person has engaged in, or is engaging in, relevant conduct.

Note: In this Act, relevant conduct means pre‑Code conduct or post‑Code conduct (see section 5).

 (2) The person is the respondent for the conduct issue.

24AB  Meanings of pre‑Code conduct and post‑Code conduct