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2019-2020
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
COMMONWEALTH PARLIAMENTARY STANDARDS BILL 2020
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Dr Helen Haines MP
1
COMMONWEALTH PARLIAMENTARY STANDARDS BILL 2020
OUTLINE
The Commonwealth Parliamentary Standards Bill 2020 will strengthen public confidence in the
Commonwealth Parliament by equipping it with the appropriate powers and resources to prevent,
manage and resolve its own integrity issues where possible, and provide clear pathways for the
assessment, investigation, resolution and/or referral of serious integrity issues - including through
the Australian Federal Integrity Commission.
In particular, the Commonwealth Parliamentary Standards Bill creates:
A statutory code of conduct for the Members of each House of Parliament, and their staff
(under the Members of Parliament (Staff) Act 1984);
a statutory basis for the existing parliamentarians' registers of interests;
a Parliamentary Integrity Adviser to provide independent, confidential advice and guidance
to Members and their staff on the interpretation and day-to-day application of the relevant
codes of conduct;
a Parliamentary Standards Commissioner to assist the Presiding Officers, the Privileges
Committees, the Prime Minister, and the Australian Federal Integrity Commission, with the
assessment, investigation, resolution and/or referral of alleged breaches of the applicable
codes of conduct that are sufficiently serious in nature.
The Parliamentary Standards Commissioner will have the same powers of the Auditor-General to
conduct investigations, with appropriate safeguards to protect rights to procedural fairness, rights
to privacy and protection of personal reputation, and the advancement of the public interest,
including provisions to deal with vexatious, frivolous or otherwise unreasonable claims.
The code of conduct is based on the evidence-based recommendations of the Commonwealth
Parliamentary Association, of which the Australian Parliament is a member. This code is
specifically designed to protect robust debate on issues of public importance, ensure parliamentary
offices and resources are used in the public interest, and discourage political office holders from
clear unethical behaviors that discredit the integrity of the Commonwealth Parliament.
The Parliamentary Standards Commissioner will be an independent office of the parliament,
housed within the Department of Parliamentary Services, and will report through the relevant
Privileges Committee, Minister or the Prime Minister as specified.
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Consensus Bill
The bill operates alongside the Australian Federal Integrity Commission Bill 2020.
These two bills have been developed as a robust consensus package through a non-aligned
independent political office and the comprehensive Beechworth Principles consultation process,
which commenced Australia-wide in February 2020 and involved legal academics, panels of
retired judges, civil society stakeholders, leading ethicists, and members of parliament from across
the political spectrum.
The overarching purpose of this package is to create a nationally coordinated pro-integrity
framework, with an emphasis on prevention, supported by appropriate powers of investigation,
assessment and referral to enable clear and practical responses to serious and/or systemic
allegations of corruption issues and other integrity matters at the federal level in the public interest.
The Beechworth Principles consultation process and the bill itself builds on over a decade of prior
consultation, policy development and evaluations of legislative best-practice, including:
the Committee of Privileges and Members' Interests report of the Draft code of conduct for
Members of Parliament (2011, 43rd Parliament);
the Commonwealth Parliamentary Association's Recommended Benchmarks for Codes of
Conduct applying to Members of Parliament (2015);
the Transparency International Australia and Griffith University led Australian Research
Council Linkage Project, Strengthening Australia's National Integrity System: Priorities for
Reform (2018); and,
the private members bill introduced by Cathy McGowan MP in the 45th Parliament entitled
National Integrity (Parliamentary Standards) Bill 2018, the iterations of the bill before it,
and consideration of the various views expressed on the merits of those bill from:
o the Senate Legal and Constitutional Affairs Legislation Committee (see Committee
Report of 5 April 2019),
o the Senate Standing Committee for the Scrutiny of Bills (see Scrutiny Digest 1 of
2019), and,
o the Parliamentary Joint Committee on Human Rights (see Report 2 of 2019)
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FINANCIAL IMPACT
This bill complies with the financial initiative rules for private members bills.
Special commencement clauses have been inserted throughout the bill to accommodate financial
initiative rules for private members. Under these provisions, sections of the Commonwealth
Parliamentary Standards Act 2020 that require appropriated funds would not commence until the
day after the day on which the Consolidated Revenue Fund is appropriated under an Act to the
Department in which this Act is administered for payment for the purposes of the Australian
Federal Integrity Commission.
Similar provisions are included in the Australian Federal Integrity Commission Bill 2020.
The Parliamentary Budget Office published an official costing for the Australian Federal Integrity
Commission and Commonwealth Parliamentary Standards Commissioner on 16 October 2020.
The staffing and specified operating costs for the two new agencies is expected to decrease the
fiscal and underlying cash balances by $187.3 million over the 2020-21 Budget forward estimates.
The official costing is available here.
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NOTES ON CLAUSES
Part 1--Preliminary
Clause 1: Short title
1. This clause provides that the Act may be cited as the Commonwealth Parliamentary
Standards Act 2020.
Clause 2: Commencement
2. This clause states that clauses 1 and 2, and anything in the Act not specified in the table,
will commence on the day the Act receives Royal Assent.
3. Clauses 3 to 101 will commence the later of:
(a) the day after the day on which the Consolidated Revenue Fund is appropriated under
an Act to the Department in which this Act is administered for payment for the
purposes of this Act; and
(b) the day clause 3 of the Australian Federal Integrity Commission Act 2020
commences.
4. However, the provisions do not commence at all unless both events mentioned in
paragraphs (a) and (b) occur.
5. Schedules 1 to 3 will commence at the same time as clauses 3 to 101.
Clause 3: Objects of Act
6. This clause outlines the objectives of the Act.
Clause 4: Saving of powers, privileges and immunities
7. This clause provides that the Bill does not affect the powers, privileges and immunities of
each House of Parliament, and of the members and committees of each House, except as
expressly provided otherwise in this Act.
Clause 5: Act binds the Crown
8. This clause provides that this Act binds the Crown in right of the Commonwealth.
Clause 6: Application of Act
9. This clause provides that the Bill will have jurisdiction within and outside Australia and every
external Territory.
Clause 7: Definitions
10. This clause defines terms and expressions used frequently in the Bill in order to avoid doubt
and clarify the intended meaning of each word for the specific purposes of the Bill.
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Part 2--Parliamentary values and conduct
Division 1--Statement of parliamentary values
Clause 8: Parliamentary values
11. This clause outlines the values that parliamentarians should demonstrate as public officials
who have responsibility to secure and sustain the public trust against abuse or harm. The
proposed parliamentary code of conduct provided in Division 2 sets out how a
parliamentarian demonstrates these values.
12. The concept of public trust is one that originates from the principles of equity, where a
person holds something for the benefit of another person and as such has fiduciary
obligations to act in the interests of that person. The use of 'public trust' in clause 8 reflects
that parliamentarians are elected to represent the public and are placed in a position of
trust. This trust requires that all official powers and duties, including decision making, are
performed honestly, equitably and responsibly, with integrity and accountability, and for the
purpose of furthering the public interest, rather than personal or vested interests.
Division 2--Parliamentary code of conduct
Clause 9: Upholding democracy and respecting others regardless of background
13. This clause outlines the code of conduct relating to fundamental democratic values.
Clause 10: Conflicts of interest
14. This clause outlines the code of conduct relating to conflicts of interest.
Clause 11: Using position for profit
15. This clause outlines the code of conduct relating to using position for profit.
Clause 12: Outside employment and activities
16. This clause outlines the code of conduct relating to outside employment and activities.
Clause 13: Accepting any gift, hospitality or other benefit
17. This clause outlines the code of conduct relating to accepting any gift, hospitality or other
benefit.
Clause 14: Use of influence
18. This clause outlines the code of conduct relating to use of influence.
Clause 15: Use of public resources
19. This clause outlines the code of conduct relating to use of public resources.
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Clause 16: Personal conduct
20. This clause outlines the code of conduct relating to personal conduct. The clause
recognises that parliamentarians are in a unique position of responsibility in influencing the
nature of civic conduct in Australia and should act with that in mind.
21. This clause interacts with the principle of parliamentary privilege. It protects the right of
parliamentarians to participate freely in debate in the Parliament without fear of prosecution.
This clause seeks to ensure that this right is exercised responsibly, acknowledging that
parliamentary commentary can have serious implications for individuals and groups of the
Australian community.
Clause 17: Managing confidential and personal information
22. This clause outlines the code of conduct relating to managing confidential and personal
information.
Clause 18: Post-retirement activities
23. This clause provides that a former parliamentarian must not take improper advantage of
any office held as a parliamentarian after they cease to be a parliamentarian.
Clause 19: Staff of parliamentarians
24. This clause outlines that the duties and obligations of this Part apply to a person employed
under the Members of Parliament (Staff) Act 1984 as if that person were a parliamentarian.
Clause 20: Extending code of conduct
25. This clause outlines that this Bill is not intended to exclude or limit the power of a House of
the Parliament to adopt a code of conduct or the operation of such a code of conduct.
26. This clause also provides that a code of conduct adopted by a House of the Parliament that
is inconsistent with this Division has no effect to the extent of the inconsistency, but the
code of conduct is taken to be consistent with this Division to the extent that the code of
conduct can operate concurrently with this Division.
Part 3--Registers of Interests
Clause 21: Register of interests--House of Representatives
27. This clause provides that a member of the House of Representatives must register the
member's interests as provided for in Schedule 1. Subclause (2) provides that the House of
Representatives may, by resolution carried by two thirds of Members, impose additional
requirements to those in Schedule 1, so long as the additional requirements are not
inconsistent with Schedule 1.
Clause 22: Register of interests--Senate
28. This clause provides that a senator must register the senator's interests as provided for in
Schedule 2. Subclause (2) provides that the Senate may, by resolution carried by two thirds
of Senators, impose additional requirements to those in Schedule 2, so long as the
additional requirements are not inconsistent with Schedule 2.
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Part 4--Parliamentary Integrity Adviser
Division 1--Establishment and functions and powers of the Parliamentary Integrity Adviser
Clause 23: Parliamentary Integrity Adviser
29. This clause establishes that a Parliamentary Integrity Adviser is an independent officer of
the Parliament.
30. Subclause (3) provides that the Parliamentary Integrity Adviser is not subject to direction by
any person in the performance or exercise of the Parliamentary Integrity Adviser's functions
or powers, subject to this Act and to any other laws of the Commonwealth.
Clause 24: Functions of Parliamentary Integrity Adviser
31. This clause outlines the functions of the Parliamentary Integrity Adviser, including that they
have the power to do all things necessary or convenient to be done for or in connection with
the performance of the Parliamentary Integrity Adviser's functions. This includes working
with the Australian Federal Integrity Commission to understand the nature, scope, and
impact of corruption risk and prevalence within the Parliament through objective research.
Division 4--Provision of advice
Subdivision A--Requests for advice
Clause 25: Parliamentarian, former parliamentarian or staff may request advice
32. This clause outlines that a parliamentarian, a former parliamentarian, or a person employed
under the Members of Parliament (Staff) Act 1984, may request advice from the
Parliamentary Integrity Adviser, including the nature of the advice that can be requested
and limitations on who the advice can be about.
33. A parliamentarian may only request advice about a matter relating to the parliamentarian,
their staff, a former employee or their family members.
34. A parliamentarian who is the leader of a political party may request advice about a matter
relating to another parliamentarian who is a member of that party, staff or family members
but the leader of the political party must first inform the parliamentarian, person or family
member concerned of their intention to request the advice.
Clause 26: Minister may request advice
35. This clause provides that a Minister may request advice from the Parliamentary Integrity
Adviser about the Minister's compliance with an applicable code of conduct, whether the
request for advice relates to an issue that arose before or after the commencement of this
Act.
36. Subclause (2) provides that a request for advice must be about a matter relating to the
Minister; or a family member of the Minister; or a person employed or formerly employed
under the Members of Parliament (Staff) Act 1984 by the Minister.
37. A request for advice may not be about a matter relating to any other parliamentarian or
person, expect as provided for in subclause (3) which relates to requests by the Prime
Minister.
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Clause 27: Presiding officer or chair of committee may request advice
38. This clause provides that a Presiding Officer or a chair of a committee of a House of the
Parliament may request advice from the Parliamentary Integrity Adviser about any ethics or
integrity issue, or any general matter relating to ethics and integrity including revision or
development of a code of conduct, as may relate to the roles, functions and operations of
that House or committee.
Clause 28: Requirements relating to requests for advice
39. This clause provides that if requested by the Parliamentary Integrity Adviser, a request for
advice under clause 25, 26 or 27 must be in writing. The person making the request for
advice must disclose to the Parliamentary Integrity Adviser all information relevant to the
matter or issue that is the subject of the request.
40. The Parliamentary Integrity Adviser may request additional information from the person for
the purpose of giving the advice. The request must explain how the additional information
relates to request for advice.
Clause 29: Provision of advice
41. This clause outlines the requirements of the Parliamentary Integrity Adviser in providing a
person advice on the matter or issue requested under clause 25, 26 or 27.
Clause 30: Limited protection from acting on conflict of interest issue
42. This clause applies if a person:
(a) requests advice under clause 25, 26 or 27 on a conflict of interest issue involving the
person; and
(b) discloses all information relevant to the matter or issue that is the subject of the
request when seeking the advice; and
(c) makes the request in writing; and
(d) receives written advice from the Parliamentary Integrity Adviser on the issue; and
(e) does an act to resolve the conflict of interest issue substantially in accordance with
the Parliamentary Integrity Adviser's advice on the issue.
43. Subclauses (2) and (3) ensure that if subclause (1) is satisfied, the person is not subject to
any civil liability for, or in relation to, that act prospectively. That is, satisfying subclause
(1) does not affect the person's liability for any act or omission done or made in
connection with the conflict of interest issue before the person receives the Parliamentary
Integrity Adviser's advice.
Subdivision B--Confidentiality of information
Clause 31: Interpretation
44. This clause provides clarity for interpretation of key terms used in this Subdivision.
Clause 32: Authorised use or disclosure--performing functions etc.
45. This clause provides that the Parliamentary Integrity Adviser may use or disclose protected
Adviser information if the Parliamentary Integrity Adviser uses or discloses the information
for the purposes of performing functions or duties or exercising powers under this Division.
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46. The notes included in this clause record that this proposed section is an authorisation for
the purpose of other laws, including the Australian Privacy Principles, and "use", in relation
to information, includes to make a record of (see the definition of "use" in clause 7).
Clause 33: Authorised use or disclosure--required or authorised by law
47. This clause provides that the Parliamentary Integrity Adviser may use or disclose protected
Adviser information if the use or disclosure is required or authorised by or under a law of
the Commonwealth, or of a State or Territory.
48. This clause is an authorisation for the purposes of other laws, including the Australian
Privacy Principles.
Clause 34: Authorised disclosure--person to whom information relates
49. This clause provides that the Parliamentary Integrity Adviser may disclose protected
Adviser information to the person to whom the information relates.
50. This clause is a requirement for the purposes of other laws, including the Australian Privacy
Principles.
Clause 35: Offence for unauthorised use or disclosure
51. This clause provides that the offence for unauthorised use or disclosure is a penalty of
imprisonment for 2 years or 120 penalty units, or both for a person that obtains, discloses or
uses protected Adviser information.
52. Subclause (2) provides that the offence does not apply to a person to the extent that the
person uses or discloses protected information in good faith and in purported compliance
with a provision in this subdivision. A defendant bears an evidential burden in relation to the
matters in subclause (2) (see subsection 13.3(3) of the Criminal Code).
Clause 36: No requirement to provide information to courts etc.
53. This clause provides that except where it is necessary to do so for the purposes of giving
effect to this Act, the Parliamentary Integrity Adviser is not to be required to disclose
protected Adviser information, or produce a document containing protected Adviser
information, to a court; or a tribunal, authority or person that has the power to require the
answering of questions or the production of documents.
Clause 37: Offence for unauthorised use or disclosure--any person
54. This clause provides that a person, other than the Parliamentary Integrity Adviser, must not
record, use or disclose information in relation to an ethics or integrity issue about another
person that came to the person's knowledge because of the person's involvement in the
administration of this Act. The penalty for this offence is imprisonment for 2 years or 120
penalty units, or both.
55. Subclause (2) provides that the offence does not apply to a person's recording, use or
disclosure of information if the recording, use or disclosure is in the performance of his or
her functions under this Act; or authorised under this or another Act. A defendant bears an
evidential burden in relation to the matters in subclause (2) (see subsection 13.3(3) of the
Criminal Code).
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56. A person other than the Parliamentary Integrity Adviser who is or has been involved in the
administration of this Act is not, in any proceeding, compellable to disclose information in
relation to an ethics or integrity issue about another person that came to the person's
knowledge because of the person's involvement in the administration of this Act.
Division 3--Better practices guides and fact sheets
Clause 38: Better practices guides and fact sheets
57. This clause outlines the role of the Parliamentary Integrity Adviser in promoting better
practice in relation to matters of conduct, propriety, ethics and integrity for parliamentarians,
former parliamentarians, and persons employed under the Members of Parliament (Staff)
Act 1984, by preparing and disseminating better practice guides and fact sheets to those
persons.
Division 4--Annual report
Clause 39: Annual report
58. This clause provides for the provision of an annual report each financial year and the
contents of the annual report.
Part 5--Parliamentary Standards Commissioner
Division 1--Establishment and functions and powers of the Parliamentary Standards
Commissioner
Clause 40: Parliamentary Standards Commissioner
59. This clause establishes a Parliamentary Standards Commissioner. The Parliamentary
Standards Commissioner is an independent officer of the Parliament.
Clause 41: Functions of Parliamentary Standards Commissioner
60. This clause outlines the functions of the Parliamentary Standards Commissioner.
61. The Parliamentary Standards Commissioner has power to do all things necessary or
convenient to be done for or in connection with the performance of the Parliamentary
Standards Commissioner's functions.
Division 2--Alleged or suspected contraventions of parliamentary code of conduct
Clause 42: Referral of alleged or suspected contravention
62. This clause provides for the process for referral of alleged or suspected contraventions of a
parliamentary code of conduct, which can be made by any person.
Clause 43: How alleged or suspected contraventions must be dealt with
63. This clause provides the process of dealing with referrals under clause 42. In deciding how
to deal with an alleged or suspected contravention, the Parliamentary Standards
Commission must have regard to.
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64. This clause also allows the Parliamentary Standards Commissioner to refuse to proceed
with a referral based on statutory definitions of vexatious and frivolous claims.
Clause 44: Assessment and preliminary enquiries
65. This clause applies if an alleged or suspected contravention is referred to the Parliamentary
Standards Commissioner under this Division; and the Parliamentary Standards
Commissioner does not refer the alleged or suspected contravention under either
subclause 43(2) or (3).
66. The Parliamentary Standards Commissioner must deal with the alleged or suspected
contravention in one of the following ways:
(a) by making preliminary enquiries to determine whether to further inquire into the
alleged or suspected contravention;
(b) by inquiring into the alleged or suspected contravention;
(c) at any time, by determining to take no further action.
Clause 45: Inquiries
67. This clause outlines the process for conducting an inquiry, including applying certain
provisions in the Auditor-General Act 1997 to an inquiry conducted by the Parliamentary
Standards Commissioner.
Clause 46: Reports of inquiries
68. This clause provides that after completing an inquiry into an alleged or suspected
contravention, the Parliamentary Standards Commissioner must prepare a report on the
inquiry. It outlines what the report must set out and provides that some information may be
excluded and put in a supplementary report, such as information that may endanger a
person's life or physical safety; or prejudice proceedings brought as a result of the inquiry,
or another inquiry under this Act.
Clause 47: Opportunity to be heard
69. This clause provides that the Parliamentary Standards Commissioner must not include in a
report under clause 46 in relation to an investigation of a corruption issue an opinion or
finding that is critical of a person (either expressly or impliedly) unless the Parliamentary
Standards Commissioner has given the person a statement setting out the opinion or
finding and given the person a reasonable opportunity to appear before him or her and to
make submissions in relation to the opinion or finding.
Clause 48: Parliamentary Standards Commissioner to give report to Committee
70. The Parliamentary Standards Commissioner must give the Privileges Committee of the
House or Houses to which the report relates:
(a) the report prepared under subclause 46(1); and
(b) if a supplementary report is prepared under subclause 46(6) in relation to the
inquiry--the supplementary report.
Clause 49: Advice of outcome of inquiry
71. This clause provides that the Parliamentary Standards Commissioner may advise a person
(or a representative nominated by the person) of the outcome of an inquiry.
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Clause 50: Public advice of outcome of inquiry
72. This clause provides the conditions for the issue of public advice summarising the outcome
of the inquiry.
Clause 51: Report to House
73. This clause provides the conditions for the tabling of a report of the Parliamentary
Standards Commissioner in the relevant House of Parliament.
Clause 52: Failure to comply with parliamentary code of conduct
74. This clause provides for sanctions where either House of the Parliament determines,
following an inquiry under clause 45 and consideration of a report tabled under clause 51,
that a person has contravened a requirement of a provision of a parliamentary code of
conduct.
Division 3--Alleged or suspected contraventions of ministerial code of conduct
Clause 53: Referral of alleged or suspected contravention
75. This clause outlines the process for a referral where there is an alleged or suspected
contravention of a provision of a Ministerial code of conduct.
Clause 54: How alleged or suspected contraventions must be dealt with
76. This clause provides the process for how alleged or suspected contraventions of a
Ministerial code of conduct must be dealt with.
Clause 55: Assessment and preliminary enquiries
77. This clause provides that where an alleged contravention is not referred to the Australian
Federal Police or Australian Federal Integrity Commissioner, the Parliamentary Standards
Commissioner may make preliminary enquiries, conduct an inquiry or determine to take no
further action.
Clause 56: Inquiries
78. This clause outlines provisions that apply in relation to an inquiry that is conducted by the
Parliamentary Standards Commissioner.
Clause 57: Report of inquiry
79. This clause provides for the Parliamentary Standards Commissioner to prepare a report
after completing an inquiry into an alleged or suspected contravention.
Clause 58: Opportunity to be heard
80. This clause provides that the Parliamentary Standards Commissioner must not include in a
report under clause 57, in relation to an investigation of a corruption issue, an opinion or
finding that is critical of a person (either expressly or impliedly) unless the Parliamentary
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Standards Commissioner has made a statement setting out the opinion or finding and the
person has been given a reasonable opportunity to appear before him or her, to make
submissions in relation to the opinion or finding. The opportunity to be heard must be
exercised before a critical opinion or finding is made.
Clause 59: Parliamentary Standards Commissioner to give report to Prime Minister
81. This clause provides that the Parliamentary Standards Commissioner must give the Prime
Minister the report prepared under subclause 57(1); and if a supplementary report is
prepared under subclause 57(6) in relation to the inquiry--the supplementary report.
82. The Prime Minister may take such actions in relation to, or as a result of, the report, as the
Prime Minister sees fit.
Clause 60: Advice of outcome of inquiry
83. This clause provides that the Parliamentary Standards Commissioner may advise a person
(or a representative nominated by the person) of the outcome of an inquiry.
Clause 61: Public advice of outcome of inquiry
84. This clause provides the conditions for the issuing of public advice summarising the
outcome of the inquiry.
Clause 62: Report to House
85. This clause provides that the Prime Minister may table, or cause to be tabled, a report
under this Division by the Parliamentary Standards Commissioner, in the House of which
the Minister is a member; or in both Houses.
86. Subclause (2) clarifies that nothing in this Division prevents the tabling in either House of a
report of an inquiry into an alleged or suspected contravention of a parliamentary code of
conduct under Division 2, in relation to a parliamentarian who also happens to be a
Minister.
Division 4--Confidentiality of information
Clause 63: Interpretation
87. This clause provides clarity for interpretation of key terms used in this Subdivision.
Clause 64: Authorised use or disclosure--performing functions etc.
88. This clause relates to the use or disclosure of protected Commissioner information by the
Parliamentary Standards Commissioner in performing the functions of the Parliamentary
Standards Commissioner.
Clause 65: Authorised use or disclosure--required or authorised by law
89. This clause provides that the Parliamentary Standards Commissioner may use or disclose
protected Commissioner information if this is required or authorised by or under a law of the
Commonwealth, or of a State or Territory, subject to the privacy protection principles above.
Clause 66: Authorised disclosure--person to whom information relates
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90. The Parliamentary Standards Commissioner may disclose protected Commissioner
information to the person to whom the protected Commissioner information relates.
91. This clause is a requirement for the purposes of other laws, including the Australian Privacy
Principles.
Clause 67: Offence for unauthorised use or disclosure
92. This clause creates an offence for unauthorised use or disclosure of protected
Commissioner information by the Parliamentary Standards Commissioner.
Clause 68: No requirement to provide information to courts etc.
93. This clause provides that, except where it is necessary to do so for the purposes of giving
effect to this Act, the Parliamentary Standards Commissioner is not to be required to
disclose protected Commissioner information, or produce a document containing protected
Commissioner information, to a court; or a tribunal, authority or person that has the power
to require the answering of questions or the production of documents.
Clause 69: Offences for unauthorised use or disclosure--any person
94. This clause provides that a person, other than the Parliamentary Standards Commissioner,
must not record, use or disclose information in relation to an ethics or integrity issue about
another person that came to the person's knowledge because of the person's involvement
in the administration of this Act. The penalty for this offence is imprisonment for 2 years or
120 penalty units, or both.
Division 5--Annual report
Clause 70: Annual report
95. This clause provides for the provision of an annual report by the Parliamentary Standards
Commissioner each financial year and the contents of the annual report.
Part 6--Administrative provisions relating to the Parliamentary Integrity Adviser and
Parliamentary Standards Commissioner
Division 1--Administrative provisions relating to the Parliamentary Integrity Adviser
Clause 71: Appointment of Parliamentary Integrity Adviser
96. This clause provides for the process of appointment of the Parliamentary Integrity Adviser
by the Presiding Officers with the agreement of the Senate Committee of Privileges and the
House of Representatives Committee of Privileges and Members' Interests.
Clause 72: General terms and conditions of appointment
97. This clause provides that the Parliamentary Integrity Adviser holds office for the period
specified in the instrument of appointment. The period must not exceed 5 years. The sum of
the periods for which the Parliamentary Integrity Adviser holds office must not exceed 10
years.
98. The Parliamentary Integrity Adviser may be appointed on a full-time or part-time basis.
99. The Parliamentary Integrity Adviser holds office on the terms and conditions (if any), in
relation to matters not covered by this Act, that are determined by the Presiding Officers.
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Clause 73: Other paid work
100. This clause provides that if the Parliamentary Integrity Adviser is appointed on a full-time
basis, the Parliamentary Integrity Adviser must not engage in paid work outside the duties
of the Parliamentary Integrity Adviser's office without the Presiding Officer's approval.
101. If the Parliamentary Integrity Adviser is appointed on a part-time basis, the Parliamentary
Integrity Adviser must not engage in any paid work that, in the Presiding Officers' opinion,
conflicts or could conflict with the proper performance of the Parliamentary Integrity
Adviser's duties.
Clause 74: Remuneration
102. This clause provides that the Parliamentary Integrity Adviser is to be paid the remuneration
that is determined by the Remuneration Tribunal. If no determination of that remuneration
by the Tribunal is in operation, the Parliamentary Integrity Adviser is to be paid the
remuneration that is prescribed by the regulations.
103. The Parliamentary Integrity Adviser is to be paid the allowances that are prescribed by the
regulations.
104. This clause has effect subject to the Remuneration Tribunal Act 1973.
Clause 75: Leave of absence
105. This clause provides that the Parliamentary Integrity Adviser has recreation leave
entitlements that are determined by the Remuneration Tribunal.
106. The Presiding Officers may grant the Parliamentary Integrity Adviser leave of absence,
other than recreation leave, on the terms and conditions as to remuneration or otherwise
that the Presiding Officers determine.
Clause 76: Resignation
107. This clause provides that the Parliamentary Integrity Adviser may resign the Parliamentary
Integrity Adviser's appointment by giving the Presiding Officers a written resignation.
108. The resignation takes effect on the day it is received by the Presiding Officers or, if a later
day is specified in the resignation, on that later day.
Clause 77: Removal from office
109. This clause sets out the process and the grounds for the removal of the Parliamentary
Integrity Adviser from office.
Clause 78: Disclosure of interests
110. This clause provides that the Parliamentary Integrity Adviser must give written notice to the
Presiding Officers of all interests, pecuniary or otherwise, that the Parliamentary Integrity
Adviser has or acquires, and that conflict or could conflict with the proper performance of
the Parliamentary Integrity Adviser's functions.
Clause 79: Acting appointments
111. This clause outlines that the Presiding Officers may, by written instrument, appoint a person
to act as the Parliamentary Integrity Adviser in specified circumstances and conditions.
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Clause 80: Assistance to Parliamentary Integrity Adviser
112. This clause provides that a Department of the Parliament (within the ordinary meaning of
that expression) may assist the Parliamentary Integrity Adviser in the performance of the
Parliamentary Integrity Adviser's functions and the assistance this may include.
113. If an officer or employee of the department mentioned in subclause (1) assists the
Parliamentary Integrity Adviser, the officer or employee is taken, for the purposes of this
Act, to be a person assisting the Parliamentary Integrity Adviser under this clause.
Division 2--Administrative provisions relating to the Parliamentary Standards
Commissioner
Clause 81: Appointment of Parliamentary Standards Commissioner
114. This clause provides for the process of appointment of the Parliamentary Standards
Commissioner by the Presiding Officers with the agreement of the Senate Committee of
Privileges and the House of Representatives Committee of Privileges and Members'
Interests.
Clause 82: General terms and conditions of appointment
115. This clause provides that the Parliamentary Standards Commissioner holds office for the
period specified in the instrument of appointment, not exceeding 5 years. The sum of the
periods for which the Parliamentary Standards Commissioner holds office must not exceed
10 years.
116. The Parliamentary Standards Commissioner may be appointed on a full-time or part-time
basis. The Parliamentary Standards Commissioner holds office on the terms and conditions
(if any), in relation to matters not covered by this Act, that are determined by the Presiding
Officers.
Clause 83: Other paid work
117. This clause provides that if the Parliamentary Standards Commissioner is appointed on a
full-time basis, the Parliamentary Standards Commissioner must not engage in paid work
outside the duties of the Parliamentary Standards Commissioner's office without the
Presiding Officer's approval.
118. If the Parliamentary Standards Commissioner is appointed on a part-time basis, the
Parliamentary Standards Commissioner must not engage in any paid work that, in the
Presiding Officers' opinion, conflicts or could conflict with the proper performance of the
Parliamentary Standards Commissioner's duties.
Clause 84: Remuneration
119. This clause provides that the Parliamentary Standards Commissioner is to be paid the
remuneration that is determined by the Remuneration Tribunal. If no determination of that
remuneration by the Tribunal is in operation, the Parliamentary Standards Commissioner is
to be paid the remuneration that is prescribed by the regulations.
120. The Parliamentary Standards Commissioner is to be paid the allowances that are
prescribed by the regulations.
Clause 85: Leave of absence
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121. This clause provides that the Parliamentary Standards Commissioner has the recreation
leave entitlements that are determined by the Remuneration Tribunal.
122. The Presiding Officers may grant the Parliamentary Standards Commissioner leave of
absence, other than recreation leave, on the terms and conditions as to remuneration or
otherwise that the Presiding Officers determine.
Clause 86: Resignation
123. This clause provides that the Parliamentary Standards Commissioner may resign the
Parliamentary Standards Commissioner's appointment by giving the Presiding Officers a
written resignation.
124. The resignation takes effect on the day it is received by the Presiding Officers or, if a later
day is specified in the resignation, on that later day.
Clause 87: Removal from office
125. This clause provides the process and the grounds for the removal of the Parliamentary
Standards Commissioner from office.
Clause 88: Disclosure of interests
126. This clause provides that the Parliamentary Standards Commissioner must give written
notice to the Presiding Officers of all interests, pecuniary or otherwise, that the
Parliamentary Standards Commissioner has or acquires, and that conflict or could conflict
with the proper performance of the Parliamentary Standards Commissioner's functions.
Clause 89: Acting appointments
127. This clause outlines that the Presiding Officers may, by written instrument, appoint a
person to act as the Parliamentary Integrity Adviser in specified circumstances and
conditions.
Clause 90: Assistance to Parliamentary Standards Commissioner
128. This clause provides that a Department of the Parliament (within the ordinary meaning of
that expression) may assist the Parliamentary Standards Commissioner in the
performance of the Parliamentary Standards Commissioner's functions and what this may
include.
129. If an officer or employee of the department mentioned in subclause (1) assists the
Parliamentary Standards Commissioner, the officer or employee is taken, for the purposes
of this Act, to be a person assisting the Parliamentary Standards Commissioner under this
clause.
Clause 91: Assistant Parliamentary Standards Commissioner
130. This clause provides that the Presiding Officers may appoint one or more Assistant
Parliamentary Standards Commissioners.
Division 3--Approval or rejection of recommendations for appointments
Clause 92: Committees may approve or reject recommendation for appointment
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131. This clause outlines the process for the Senate Committee of Privileges and the House of
Representatives Committee of Privileges and Members' Interests to approve or reject
appointments of the Parliamentary Integrity Adviser and the Parliamentary Standards
Commissioner.
Part 7--Miscellaneous
Clause 93: Offence of victimisation
132. This clause creates an offence of victimisation.
Clause 94: Protection from liability
133. This clause provides protection from liability for nominated persons in the performance or
exercise, in good faith, of the person's functions, powers or duties under or in relation to this
Act.
Clause 95: Immunities from certain State and Territory laws
134. This clause provides that the Parliamentary Integrity Adviser or Parliamentary Standards
Commissioner is not required under, or by reason of, a law of a State or Territory:
(a) to obtain or have a licence or permission for doing any act or thing in the exercise of
the person's powers or the performance of the person's duties as the Parliamentary
Integrity Adviser or Parliamentary Standards Commissioner; or
(b) to register any vehicle, vessel, animal or article belonging to the Commonwealth.
Clause 96: Review relating to Independent Parliamentary Standards Authority
135. This clause provides that it is the intention of Parliament that the Independent
Parliamentary Expenses Authority Act 2017 be replaced by an Independent Parliamentary
Standards Authority Act and that the Minister conduct a review and table a report on how
this is to be done.
Clause 97: Review relating to lobbying and post-separation employment
136. This clause provides that it is the intention of Parliament that the Lobbying Code of Conduct
and policies, rules and standards for a public official's subsequent employment be revised
to meet best practice. The Minister must cause a review of the legislative options for
revising the Code and table a copy of the report of the review.
Clause 98: Review relating to political finance, funding, donations and campaign regulation
137. This clause provides that it is the intention of Parliament that Commonwealth legislation and
enforcement for transparency, integrity and accountability in political campaign finance and
campaign regulation be revised to meet national and international best practice and that the
Minister must cause to be undertaken a review of the preferred legislative options to
achieve these objectives. The Minister must table the report of the review.
Clause 99: Review of operation of Act
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138. This clause provides that the Presiding Officers must cause an independent review to be
undertaken of the first 3 years of the operation of this Act.
Clause 100: Schedules
139. This clause provides that legislation that is specified in Schedule 3 to this Act is amended or
repealed as set out in the applicable items in that Schedule, and any other item in that
Schedule has effect according to its terms.
Clause 101: Regulations
140. This clause provides that the Governor General may make regulations prescribing matters
required or permitted by this Act to be prescribed; or necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
141. The regulations may require that information or reports that are required to be given under
prescribed provisions are also to be given to prescribed persons in specified circumstances.
Schedule 1-- House of Representatives--Register of Members' Interests
142. This Schedule includes the House of Representatives Register of Members' Interests.
Schedule 2-- The Senate--Register of Senators' Interests
143. This Schedule includes the Senate Register of Senators' Interests.
Schedule 3 - Amendments
144. This Schedule includes consequential amendments to the Public Interest Disclosure Act
2013 that result from the provisions in this Bill.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Commonwealth Parliamentary Standards Bill 2020
The Commonwealth Parliamentary Standards Bill 2020 is compatible with the human rights and
freedoms recognised or declared in the international instruments listed in section 3 of the Human
Rights (Parliamentary Scrutiny) Act 2011.
Overview
The Commonwealth Parliamentary Standards Bill 2020 creates:
statutory codes of conduct for the members of each House of Parliament, and their staff
(under the Members of Parliament (Staff) Act 1984);
a statutory basis for parliamentarians' registers of interests;
a Parliamentary Integrity Adviser to provide independent, confidential advice and guidance
to Members and their staff on how to honour applicable codes;
a Parliamentary Standards Commissioner to assist the Presiding Officers, Ethics &
Privileges Committees, Prime Minister, and Australian Federal Integrity Commission, with
the assessment, investigation, resolution and/or referral of alleged breaches of the
applicable codes of conduct that are sufficiently serious in nature.
Human rights implications
This bill incorporates numerous safeguards to protect the right to privacy and reputation as part of
the assessment, investigation, resolution and/or referral of sufficiently serious breaches of the code
of conduct. This includes safeguards on disclosure, with proportionate penalties that apply to
people who disclose information that might impact on rights to privacy.
The right to due process and procedural fairness is maintained throughout the bill to ensure no
opinions or preliminary findings that are critical of a person or persons are publicly released unless
the subject of those views have been given an opportunity to respond and the public release of that
information does not unfairly damage a reputation or endanger a person's safety.
The burden of proof is reversed on a person who is believed to have breached the unauthorised
disclosure provisions in relation to raising evidence of exceptions. This is a result of the express
operation of section 13.3 of the Criminal Code which imposes an evidentiary burden on the
defendant with respect to exceptions and exemptions. In these circumstances, it is accepted that it
is appropriate for the defendant to bear this evidentiary burden because the exemptions relate to
matters that, by their nature, are within the knowledge of the defendant.
Conclusion
This provisions in this bill are proportionate to purpose and wholly compatible with human rights.
Dr Helen Haines MP
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