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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
PARLIAMENTARY WORKPLACE SUPPORT SERVICE BILL 2023
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on Behalf of the Government
(Circulated by authority of the
Minister for Finance, Senator the Hon Katy Gallagher)
AMENDMENTS TO THE PARLIAMENTARY WORKPLACE SUPPORT SERVICE
BILL 2023
GENERAL OUTLINE
1. These amendments would amend the Parliamentary Workplace Support Service Bill
2023 (the Bill) to:
• insert a definition of "Minister";
• require the Parliamentary Workplace Support Service (PWSS), before
publishing a report under clause 22, to give a copy of that report to the
President of the Senate and the Speaker of the House of Representatives (a
Presiding Officer) (rather than to the Minister); and
• require a Presiding Officer of a House of the Parliament to cause a copy of a
report given to that Officer under clause 22 to be presented to that House as
soon as practicable (rather than requiring the Minister to cause a copy of
such a report to be laid before each House within 15 sitting days of that
House after the Minister receives the report).
2. The purpose of these amendments is to:
• ensure that, if there is a Special Minister of State or an acting Special
Minister of State, then that Minister would administer the Bill, if enacted;
and
• reinforce the independence of the PWSS by making Presiding Officers
responsible for the presentation of copies of reports under clause 22 to the
Parliament, rather than the Minister; and
• ensure copies of such reports are presented to the Parliament as soon as
practicable, so that there is timely tabling of these reports.
FINANCIAL IMPACT
3. These amendments have no financial impact.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
1. These amendments would not alter the effect that the Bill would have on human
rights.
2. The amendments, and the Bill, are compatible with human rights.
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NOTES ON AMENDMENTS
Amendment 1 Clause 5, page 5 (after line 14), after the definition of member
1. This amendment would insert into the Bill's definitions clause a definition of
"Minister". That definition would refer the reader to new clause 6A inserted by
amendment 2.
Amendment 2 Page 7 (after line 24), after clause 6
2. This amendment would insert new clause 6A into the Bill to define the term "the
Minister" for the purposes of the Bill.
3. Paragraph 6A(a) would provide that, despite section 19 of the Acts Interpretation
Act 1901, a reference to "the Minister" in a provision of the Bill, if enacted, or the
PWSS rules at a particular time is a reference to the Special Minister of State, if
there is a Minister identified by that title at that time. The purpose of this provision
is to ensure that, if there is a Special Minister of State or an acting Special Minister
of State, then that Minister would administer the Bill, if enacted.
4. Paragraph 6A(b) would provide that, if there is not a Minister identified by the title
of "Special Minister of State" at a particular time, then, despite section 19 of the
Acts Interpretation Act, a reference to "the Minister" in a provision of the Bill, if
enacted, or the PWSS rules at a particular time is a reference to the Minister, or any
of the Ministers, administering the provision at that time. The purpose of this
provision is to ensure that the ministerial powers in the PWSS Bill, if enacted, are
still able to be exercised in the event there is no Special Minister of State.
5. The note under new subclause 6A would provide that a reference to a Minister in
paragraph 6A(a) or (b) may include a reference to a person acting for or on behalf of
that Minister, and refers the reader to subsection 19(4) of the Acts Interpretation Act.
Subsection 19(4) of that Act provides that if a provision of an Act refers to a
Minister, the reference is taken to include a reference to a Minister or member of the
Executive Council for the time being acting for or on behalf of the Minister.
6. This supplementary explanatory memorandum supersedes the information contained
in paragraph 18 of the Explanatory Memorandum to the Bill in relation to the
interpretation the term "Minister" in the Bill.
Amendment 3 Clause 22, page 21 (line 31) to page 22 (line 3)
7. This amendment would omit subclauses 22(5) and (6) of the Bill, substituting them
with new subclauses 22(5) and (6).
8. New subclause 22(5) would require the PWSS, before publishing a report under
clause 22 on its website, to give a copy of that report to the President of the Senate
and the Speaker of the House of Representatives (a Presiding Officer). This would
replace the proposed requirement for the PWSS to give such a report to the Minister.
9. New subclause 22(6) would require a Presiding Officer to cause a copy of a report
given to them under clause 22 to be presented to the relevant House of the
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Parliament as soon as practicable. This would replace the replace the existing
proposed requirement for the Minister to cause a copy of each report to be laid
before each House of the Parliament within 15 sitting days of that House after the
Minister receives the copy.
10. The purpose of this amendment is to reinforce the independence of the PWSS by
making Presiding Officers responsible for tabling PWSS reports under clause 22. It
is intended that such reports are presented to the Parliament as soon as practicable,
so that they can be tabled in a timely manner.
Amendment 4 Clause 22, page 22 (line 5)
11. This amendment would amend subclause 22(7) of the Bill to omit the words "laid
before" and substitute them with the words "presented to". This is to reflect the
wording used in amendment 3.
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