Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Act 2024
24CConduct complaints
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(a) the complaint is about alleged post‑Code conduct; and
(b) the person was or is affected by the alleged conduct; and
(c) the person was or is a Commonwealth parliamentary workplace participant at the time of the alleged conduct.
(2) A person may also make a complaint to the IPSC if:
(a) the complaint is about alleged pre‑Code conduct; and
(b) the person was or is affected by the alleged conduct; and
(c) the person was or is a parliamentarian, MOPS employee or Parliamentary Service employee at the time of the alleged conduct.
(3) A complaint made under this section is a conduct complaint.
(4) A conduct complaint must:
(b) include the following:
(i) details of the alleged conduct;
(ii) any evidence to support the complaint;
(iii) the complainant’s name and contact details.
(5) The complainant may amend the complaint with the agreement of:
(a) the investigating Commissioner for the conduct issue arising from the complaint; or
(b) if there is no investigating Commissioner—the Chair Commissioner.
24CA Conduct issue referrals by parliamentarians
Parliamentarians generally
(1) A parliamentarian may refer a conduct issue to the IPSC if:
(a) the complainant or respondent is employed by the parliamentarian; or
(b) the complainant’s or respondent’s predominant place of work is at an office provided to the parliamentarian:
(i) under the Parliamentary Business Resources Act 2017; or
(ii) at a place in the precincts (within the meaning of the Parliamentary Precincts Act 1988).
Presiding Officers
(2) A Presiding Officer may refer a conduct issue to the IPSC if:
(a) either:
(i) the Presiding Officer is the President of the Senate or a person covered by paragraph 6(1)(d), and the respondent is a senator; or
(ii) the Presiding Officer is the Speaker of the House of Representatives or a person covered by paragraph 6(1)(e), and the respondent is a member of the House of Representatives; and
(b) the Presiding Officer is reasonably satisfied that the conduct concerned does not form part of proceedings in Parliament for the purposes of section 16 of the Parliamentary Privileges Act 1987.
Leaders of Parliamentary parties
(3) The Leader of a Parliamentary party may refer a conduct issue to the IPSC if the respondent is or was, at the time of the conduct concerned:
(a) a parliamentarian; and
(b) a member of that party.
Application
(4) To avoid doubt, subsection (1) is not limited by subsection (2) or (3).
24CB Conduct issue referrals by the CEO
(1) The CEO may refer a conduct issue to the IPSC.
(2) However, the CEO must not refer a conduct issue to the IPSC if the issue arises from an anonymous statement.
(3) The CEO may, in writing, delegate the CEO’s power under subsection (1) to a member of the staff of the PWSS who is:
(a) an SES employee or an acting SES employee; or
(b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(4) In exercising a power under a delegation under subsection (3), the delegate must comply with any written directions of the CEO.
24CC Requirements for referrals
(1) A conduct issue referral must:
(b) include the following information:
(i) details of the conduct issue;
(ii) any evidence relevant to the conduct issue;
(iii) the name and contact details of the referrer.
(2) If the referrer became aware of the conduct issue because of a complaint made to the referrer:
(a) the referral must not be made unless either:
(i) the complainant consents to the referral; or
(ii) the referrer is reasonably satisfied that making the referral is necessary to comply with a duty or obligation under a work health and safety law; and
(b) the referral must also include the name and contact details of the complainant.
(3) To avoid doubt, this Subdivision does not require a person to refer a conduct issue to the IPSC.
Subdivision B—Dealing with conduct issues
24CD Assignment of investigating Commissioner
(1) The Chair Commissioner:
(a) must assign a Commissioner to deal with a conduct issue arising from a conduct complaint or conduct issue referral; and
(b) may, subject to section 24CE (conduct issues arising from anonymous statements), assign themselves to deal with a conduct issue that the Chair Commissioner becomes aware of in any other way.
(2) The Commissioner assigned to deal with a conduct issue is the investigating Commissioner for the conduct issue.
(3) The Chair Commissioner may vary or revoke an assignment under paragraph (1)(a) at any time.
24CE Conduct issues arising from anonymous statements
(1) The Chair Commissioner must not deal with a conduct issue if the Chair Commissioner becomes aware of the issue because of an anonymous statement.
(2) However, the Chair Commissioner must:
(a) refer the conduct issue to be dealt with by the PWSS, if the Chair Commissioner is satisfied that the statement:
(i) is not frivolous, vexatious, misconceived or lacking in substance; and
(ii) was made in good faith; and
(b) if the contact details of the person who made the statement are known to the Chair Commissioner—take reasonable steps to contact the person and advise them of the services provided by the PWSS under section 15 (support function).
24CF How conduct issues may be dealt with
The investigating Commissioner must deal with a conduct issue by doing any of the following:
(a) investigating the issue;
(b) referring the issue under:
(i) section 24CI (decision not to investigate—referral to PWSS); or
(ii) section 24CJ (decision not to investigate—referral to Agency Head etc.); or
(iii) section 24CK (decision not to investigate—referral under another law);
(c) taking no action, or no further action, in relation to the issue.
24CG Preliminary inquiries
(1) The investigating Commissioner may make any preliminary inquiries, of any person, that the Commissioner considers necessary for the purposes of determining how to deal with a conduct issue.
(2) This section does not limit the information, documents or things to which the investigating Commissioner may have regard in making a decision about how to deal with a conduct issue.
24CH When conduct issue may or may not be investigated
When Commissioner may decide to investigate
(1) The investigating Commissioner may decide to investigate a conduct issue only if:
(a) the Commissioner is satisfied on reasonable grounds that there is sufficient evidence or information to justify doing so; and
(b) if the issue arose from a conduct complaint or conduct issue referral—either:
(i) the Commissioner has consent to investigate the issue; or
(ii) the Commissioner is reasonably satisfied that a serious risk to work health or safety arises, or could arise, from the conduct concerned.
(2) For the purposes of this section, the investigating Commissioner has consent to investigate a conduct issue if:
(a) the issue arose from a conduct complaint and the complainant has not withdrawn the complaint; or
(b) all of the following apply:
(i) the issue arose from a conduct issue referral for which there is a complainant;
(ii) the referral was made with the consent of the complainant;
(iii) the complainant has not withdrawn that consent; or
(c) the issue arose from a conduct issue referral for which there is no complainant.
Commissioner may consult before deciding whether to investigate
(3) Before deciding whether to investigate a conduct issue, the investigating Commissioner may consult with any person affected by the conduct concerned as the Commissioner considers appropriate.
When Commissioner must decide not to investigate etc.
(4) The investigating Commissioner must decide not to investigate a conduct issue, or (if the investigation has started) not to investigate a conduct issue further, if:
(a) the issue arose from a conduct complaint or conduct issue referral and at the time of the conduct concerned, both the complainant and respondent were non‑core participants; or
(b) at the time of the conduct concerned, the respondent was:
(i) an APS employee who is not a MOPS employee; or
(ii) a Parliamentary Service employee; or
(iii) an Agency Head; or
(iv) the Secretary of a Parliamentary Department; or
(v) the Parliamentary Librarian; or
(vi) an AFP appointee; or
(c) the conduct concerned forms part of proceedings in Parliament for the purposes of section 16 of the Parliamentary Privileges Act 1987; or
(d) the conduct concerned may constitute a serious offence against a person and the person does not consent to the investigation.
When Commissioner may decide not to investigate etc.
(5) The investigating Commissioner may decide not to investigate a conduct issue, or (if the investigation has started) not to investigate a conduct issue further, if:
(a) if the issue arose from a conduct complaint or conduct issue referral—the Commissioner is satisfied that the complaint or referral is frivolous, vexatious, misconceived or lacking in substance or was not made in good faith; or
(b) if the issue arose from a conduct complaint or conduct issue referral and the Commissioner does not have consent to investigate the issue—the Commissioner is satisfied that it is unreasonable to continue the investigation, taking into account the progress of the investigation and fairness between the persons affected by the investigation; or
(c) the Commissioner is satisfied that the conduct concerned:
(i) would be more appropriately dealt with through a service provided under section 16 (complaint resolution function), or under another law of the Commonwealth or a law of a State or Territory; or
(ii) is being dealt with through a service provided under section 16 (complaint resolution function); or
(iii) is being dealt with under another law of the Commonwealth or a law of a State or Territory and it would be inappropriate to conduct an investigation under this Act at the same time; or
(iv) has already been dealt with under this Part, another law of the Commonwealth or a law of a State or Territory and there are no further matters concerning the conduct that warrant investigation; or
(d) the conduct concerned is, or has been, the subject of criminal or civil proceedings (including any preliminary investigations or action that might lead to criminal or civil proceedings); or
(e) if the respondent is a non‑core participant—the Commissioner is satisfied that the issue would be more appropriately dealt with by the respondent’s employer; or
(f) the Commissioner is satisfied it is inappropriate or impracticable for the issue to be investigated for any other reason.
24CI Decision not to investigate—referral to PWSS
(1) This section applies if the investigating Commissioner:
(a) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and
(b) does so because:
(i) the issue arose from a conduct complaint or conduct issue referral and at the time of the conduct concerned, both the complainant and respondent were non‑core participants; or
(ii) the Commissioner is satisfied that the conduct concerned would be more appropriately dealt with through a service provided under section 16 (complaint resolution function).
(2) This section also applies if the investigating Commissioner:
(a) decides not to investigate a conduct issue; and
(b) does so because:
(i) the issue arose from a conduct issue referral for which there is a complainant; and
(ii) the Commissioner does not have consent to investigate the issue (within the meaning of subsection 24CH(2)); and
(iii) the Commissioner is not satisfied as required by subparagraph 24CH(1)(b)(ii) (which deals with serious risks to work health or safety).
(3) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by the PWSS.
(4) However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral.
24CJ Decision not to investigate—referral to Agency Head etc.
(1) This section applies if the investigating Commissioner:
(a) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and
(b) does so because, at the time of the conduct concerned, the respondent was:
(i) an APS employee who is not a MOPS employee; or
(ii) a Parliamentary Service employee; or
(iii) an Agency Head; or
(iv) the Secretary of a Parliamentary Department; or
(v) the Parliamentary Librarian; or
(vi) an AFP appointee.
(2) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by:
(a) if the respondent is an APS employee of an Agency (within the meaning of the Public Service Act 1999)—the Agency Head of that Agency; or
(b) if the respondent is a Parliamentary Service employee of a Parliamentary Department—the Secretary of that Department; or
(c) if the respondent is an Agency Head—the Australian Public Service Commissioner; or
(d) if the respondent is the Secretary of a Parliamentary Department—each Presiding Officer; or
(e) if the respondent is the Parliamentary Librarian—the Secretary of the Department of Parliamentary Services; or
(f) if the respondent is an AFP appointee—the Commissioner of Police (within the meaning of the Australian Federal Police Act 1979).
(3) However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral.
24CK Decision not to investigate—referral under another law
(a) the investigating Commissioner:
(i) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and
(ii) does so because the Commissioner is satisfied that the conduct concerned would be more appropriately dealt with under another law of the Commonwealth or a law of a State or Territory; and
(b) section 24CJ (decision not to investigate—referral to Agency Head etc.) does not apply.
(2) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with under the other law.
(3) However, if the conduct concerned may constitute a serious offence against a person, the investigating Commissioner must not refer the issue under this section to the Australian Federal Police or the police force or police service of a State or Territory unless:
(a) the person consents to the referral; or
(b) the Commissioner is required to do so by or under a law of the Commonwealth, a State or a Territory, or a court/tribunal order.
24CL Notice of decision about investigating conduct issue
Decision to investigate
(1) The investigating Commissioner must take reasonable steps to give written notice of a decision to investigate a conduct issue to the following:
(a) the respondent;
(b) if any of the following applies—the respondent’s employer:
(i) the issue did not arise from a conduct complaint or conduct issue referral;
(ii) the issue arose from a conduct complaint or conduct issue referral and the complainant consents to the giving of the notice;
(iii) the issue arose from a conduct issue referral for which there is no complainant;
(iv) the Commissioner is reasonably satisfied that the issue is relevant to a duty or obligation of the employer under a work health and safety law;
(c) if the issue arose from a conduct complaint or conduct issue referral—the complainant;
(d) if the issue arose from a conduct issue referral—the referrer.
(2) A notice under subsection (1) must set out:
(a) the reasons for the decision; and
(b) details of the conduct issue concerned; and
(c) the effect of section 24CP (requirement to cooperate); and
(d) if the notice is given to the respondent or complainant—information about the services provided by the PWSS under section 15 (support function).
Decision not to investigate
(3) The investigating Commissioner must take reasonable steps to give written notice of a decision not to investigate a conduct issue, or not to investigate a conduct issue further, to the following:
(a) if the Commissioner has previously made the respondent aware of a matter relating to the issue (whether by giving a notice under this Act or otherwise)—the respondent;
(b) any other person to whom the Commissioner has previously given a notice under this Act in relation to the issue;
(c) if the issue arose from a conduct complaint or conduct issue referral—the complainant;
(d) if the issue arose from a conduct issue referral—the referrer.
(4) A notice under subsection (3) must set out the reasons for the decision.
24CM Notice of amended complaint
(a) the investigating Commissioner gives notice of a decision to investigate a conduct issue to the respondent; and
(b) the issue arose from a conduct complaint; and
(c) the complainant amends the complaint after the notice is given.
(2) The investigating Commissioner must, as soon as practicable, give written notice of the amended complaint to the respondent.
Subdivision C—Investigating conduct issues
24CN Application of Subdivision
This Subdivision applies if the investigating Commissioner decides to investigate a conduct issue.
24CO Conduct of investigations
(1) The investigating Commissioner may investigate the conduct issue in such manner as the Commissioner thinks fit.
(2) The investigating Commissioner must:
(a) complete the investigation as quickly as the requirements of this Act and a proper consideration of the conduct issue permits; and
(b) observe the requirements of procedural fairness when conducting the investigation.
(3) Conduct issues may be investigated together.
24CP Requirement to cooperate
(1) This section applies if the respondent is:
(a) a person covered by paragraph 6(1)(a) or (b); or
(b) a MOPS employee.
(2) The respondent must cooperate with any person who is performing functions, or exercising powers, under this Act in relation to the investigation.
Note: A failure to comply with this subsection may constitute a breach of a Behaviour Code.
24CQ Commissioner may recommend suspension for non‑parliamentarians during investigation
(1) This section applies if the respondent is not a parliamentarian.
(2) The investigating Commissioner may recommend that the respondent’s employer suspend the respondent from duties:
(a) if the Commissioner is reasonably satisfied that the employer should do so to comply with a duty or obligation under a work health and safety law; and
(b) for a specified period of no longer than 30 days.
(3) The investigating Commissioner must consult the respondent’s employer in determining:
(a) whether to make the recommendation, if a recommendation has previously been made under this section in relation to the respondent; and
(b) the period to be specified.
Subdivision D—Report of investigation into conduct issue
24CR Application of Subdivision
This Subdivision applies after an investigation into a conduct issue is completed.
24CS Parliamentarian decision panel
(1) If the respondent is a current or former parliamentarian, the Chair Commissioner must, as soon as practicable, constitute a panel (the parliamentarian decision panel) for the conduct issue.
(2) The parliamentarian decision panel must consist of:
(a) the investigating Commissioner; and
(b) 2 other Commissioners.
(3) The Chair Commissioner may reconstitute the parliamentarian decision panel at any time.
(4) Anything done by the parliamentarian decision panel must be agreed to by a majority of the panel’s members.
24CT Draft report on investigation
(1) The decision‑maker must prepare a draft report on the investigation.
(2) The decision‑maker for the conduct issue is:
(a) if the respondent is a current or former parliamentarian—the parliamentarian decision panel for the issue; or
(b) otherwise—the investigating Commissioner.
(3) If the decision‑maker is a parliamentarian decision panel:
(a) the investigating Commissioner must provide to the panel relevant evidence and other material gathered during the investigation; and
(b) the panel may request the investigating Commissioner to obtain such other evidence or material about the conduct issue as the panel requires; and
(c) the panel must consider the evidence and other material in preparing the draft report.
24CU Contents of draft report
The draft report must set out:
(a) the decision‑maker’s preliminary findings on the conduct issue, including whether the respondent has engaged in relevant conduct; and
(b) a summary of the evidence and other material on which those preliminary findings are based; and
(c) if there is a preliminary finding that the respondent has engaged in relevant conduct—any recommendations that the decision‑maker proposes to make in relation to the respondent; and
(d) if there is a preliminary finding that the respondent has engaged in relevant conduct and the respondent is a current or former parliamentarian—any sanctions that the decision‑maker proposes to impose on the respondent; and
(e) if:
(i) there is a preliminary serious breach finding in relation to the respondent; and
(ii) the respondent is a current member of a House of the Parliament; and
(iii) there is a preliminary finding that it is appropriate for a parliamentary sanction to be imposed on the respondent;
whether the decision‑maker proposes to refer the preliminary serious breach finding to the Privileges Committee of that House.
Note: The decision‑maker is not required to propose a recommendation, sanction or referral, even if there is a preliminary finding that the respondent has engaged in relevant conduct.
24CV Opportunity to respond to preliminary findings and proposed sanctions etc.
(1) This section applies if the draft report sets out:
(a) a preliminary finding that is critical (either expressly or impliedly) of a person; or
(b) a proposed recommendation to take an action in relation to a person; or
(c) a proposed sanction to be imposed on a person; or
(d) a proposed referral of a serious breach finding in relation to a person to the Privileges Committee of a House of the Parliament.
(2) The decision‑maker must give the person:
(a) a statement setting out the preliminary finding or proposal; and
(b) a reasonable opportunity to respond to the preliminary finding or proposal.
24CW Draft report may be given to respondent or complainant
(1) The decision‑maker may, if the decision‑maker considers it appropriate to do so, give a copy of the draft report to either or both of the following:
(a) the respondent;
(b) if the conduct issue arose from a conduct complaint or conduct issue referral—the complainant.
(2) The decision‑maker must exclude from the copy any information that the decision‑maker is satisfied is sensitive information.
24CX Apologies by the respondent
(a) before the draft report is prepared, the investigating Commissioner is satisfied as mentioned in subsection (2); or
(b) after the draft report is prepared and before a decision is made under section 24CY, the decision‑maker is satisfied as mentioned in subsection (2) of this section.
(2) For the purposes of paragraphs (1)(a) and (b), the investigating Commissioner or decision‑maker must be satisfied that:
(a) it would be appropriate in the circumstances, taking into account the seriousness of the conduct concerned, for the respondent to apologise to a person affected by the conduct concerned; and
(b) the conduct concerned would not constitute an offence.
(3) The investigating Commissioner or decision‑maker may facilitate, in such manner as they see fit, the making of the apology if:
(a) the respondent consents to making the apology; and
(b) the person consents to receiving the apology.
(4) The making of the apology:
(a) is not an admission of fault or liability; and
(b) is not admissible in evidence against the respondent in any civil proceedings in respect of the conduct concerned.
(5) The decision‑maker may take the apology into account in making a decision under section 24CY.
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.
24CZ Final report on investigation
(1) The decision‑maker must prepare a final report on the investigation that sets out:
(a) the decisions made by the decision‑maker; and
(b) any other findings on the conduct issue that the decision‑maker thinks fit to make; and
(c) a summary of the evidence and other material on which those decisions and findings are based.
(2) The decision‑maker must, as soon as practicable after preparing the final report, give a copy of the report to:
(a) the respondent; and
(b) if the conduct issue arose from a conduct complaint or conduct issue referral—the complainant; and
(c) if the respondent is a MOPS employee—the respondent’s employer.
(3) If an application under section 24DA for review of a decision set out in the report has not been made within the period specified in that section, or has been made and dismissed, the decision‑maker must give a copy of the report to:
(a) if the conduct issue arose from a conduct issue referral—the referrer; and
(b) if the report contains a decision to recommend that a Presiding Officer take an action—that Presiding Officer; and
(c) if both of the following apply—the Prime Minister:
(i) the respondent is a Minister (whether or not the respondent was a Minister at the time of the conduct concerned);
(ii) the report contains a finding that the respondent has engaged in relevant conduct; and
(d) if the respondent is a member of a Parliamentary party and both of the following apply—the Leader of that Parliamentary party:
(i) the respondent is a Presiding Officer;
(ii) the report contains a decision to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament; and
(e) if both of the following apply—the respondent’s employer:
(i) the respondent is not a MOPS employee;
(ii) the report contains a decision to recommend that the employer take an action; and
(f) if all of the following apply—the respondent’s former employer:
(i) the respondent is a former MOPS employee;
(ii) the report contains a decision to recommend that the respondent’s former employer give the respondent a written reprimand;
(iii) it is reasonably practicable to do so.
Note: If an application for review has been made and has not been dismissed, a copy of the final report may be given to some of the persons mentioned in this subsection after the review is completed (see subsection 24DE(4)).
(4) If the respondent is a parliamentarian or MOPS employee, the decision‑maker may give a copy of the report to the CEO for purposes connected with the performance or exercise of the CEO’s functions or powers.
(5) The decision‑maker must exclude from a copy of a report given under this section any information that the decision‑maker is satisfied is sensitive information.