24EApplication of Division

24E  Application of Division

  This Division applies if:

 (a) both of the following apply:

 (i) the decision‑maker for a conduct issue decides to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament;

 (ii) an application under section 24DA for review of a decision has not been made within the period specified in that section, or has been made and dismissed; or

 (b) a review panel makes a review decision to refer, or affirm the original decision to refer, a serious breach finding in relation to the respondent for a conduct issue to the Privileges Committee of a House of the Parliament.

24EA  Referral to Privileges Committee

 (1) The decision‑maker or review panel must, as soon as practicable:

 (a) refer the serious breach finding to the Privileges Committee; and

 (b) give a statement to the Committee that sets out such information as the decision‑maker or review panel considers necessary to assist the Committee to understand the reasons for the decision.

Notice of proposal to include identifying information—other than for respondent parliamentarians

 (2) Before including identifying information in the statement, the decision‑maker or review panel must give the person concerned a written notice stating that they are proposing to include the information in the statement.

 (3) Subsection (2) does not apply if the identifying information relates to the respondent.

Requirement to consult on proposal to include identifying information

 (4) The written notice must also invite the person to:

 (a) make submissions to the decision‑maker or review panel in relation to the proposal; and

 (b) do so within the period specified in the notice, which must be a reasonable period.

 (5) If the person makes the submissions, the decision‑maker or review panel must:

 (a) have regard to the submissions in deciding whether or not to include the identifying information; and

 (b) give the person written notice of their decision.

24EB  Privileges Committee to make recommendations to House

 (1) The Privileges Committee must:

 (a) decide whether to recommend that the House impose on the respondent:

 (i) any parliamentary sanctions; and

 (ii) any other sanctions that the Committee considers necessary to promote appropriate conduct in Commonwealth parliamentary workplaces; and

 (b) report the Committee’s decision to the House.

Note: The Committee may decide not to recommend that the House impose any sanction on the respondent.