Bill home page
Download Word
Download PDF
2019
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
NATIONAL INTEGRITY (PARLIAMENTARY STANDARDS) BILL 2019
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Larissa Waters)
NATIONAL INTEGRITY (PARLIAMENTARY STANDARDS) BILL 2019
OUTLINE
This Bill will boost public confidence in the Commonwealth Parliament by equipping it to prevent, manage, and resolve its own integrity issues wherever possible; while also providing clear pathways for investigation and resolution of serious corruption issues (including by the National Integrity Commission).
The Bill will create a statutory code of conduct for parliamentarians and their staff. Its purpose is to encourage robust debate on issues of importance that remains respectful and inclusive, to ensure that power and public resources are used in the public interest, and to discourage politicians from behaving in a way that discredits Parliament.
The National Integrity (Parliamentary Standards) Bill 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 the applicable codes of conduct;
· a Parliamentary Standards Commissioner to assist the Presiding Officers, the Privileges Committees, Prime Minister, and National Integrity Commission, with assessment, investigation and resolution of alleged breaches of the applicable codes of conduct.
The Bill incorporates aspects and builds on the work of others, including:
· the Committee of Privileges and Members' Interests report of the Draft code of conduct for Members of Parliament (2011, 43 rd Parliament);
· the Commonwealth Parliamentary Association’s Recommended Benchmarks for Codes of Conduct applying to Members of Parliament (2015); and
· the Transparency International Australia and Griffith University led Australian Research Council Linkage Project, Strengthening Australia’s National Integrity System: Priorities for Reform (2018) .
The Bill will operate alongside the National Integrity Commission Bill 2018 (No. 2) which seeks to establish the Australian National Integrity Commission.
The intent of this package is to create a nationally coordinated integrity framework, with an emphasis on prevention, supported by strong powers of investigation to enable criminal charges or other actions in response to cases of corruption.
National Integrity Reform Package
NIC - National Integrity Commission Bill 2018 (No. 2)
NIPS - National Integrity (Parliamentary Standards) Bill 2019
Based on
Griffith University & Transparency International
Australia,
A
National Integrity Commission—Options for
Australia (August
2018), Option 3 (p.60)
NOTES ON CLAUSES
Part 1—Preliminary
Clause 1: Short title
1. This clause provides that the Act may be cited as the National Integrity (Parliamentary Standards) Act 2019 .
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 National Integrity Commission Act 2019 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.
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 throughout the Bill in order to avoid doubt and clarify the intended meaning of each word for the specific purposes of the Bill.
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 borrowed 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 upholding democracy and respecting others regardless of background.
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.
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.
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, particularly in issues relating to multicultural affairs, migration and citizenship, sexuality, gender equality and professional conduct in the workplace.
21. Parliamentary privilege 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
24. 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
25. 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
26. 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.
27. 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
28. 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
29. 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.
Part 4 — Parliamentary Integrity Adviser
Division 1 — Establishment and functions and powers of the Parliamentary Integrity Adviser
Clause 23: Parliamentary Integrity Adviser
30. This clause establishes that a Parliamentary Integrity Adviser is an independent officer of the Parliament.
31. 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
32. 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.
Division 4 — Provision of advice
Subdivision A — Requests for advice
Clause 25: Parliamentarian, former parliamentarian or staff may request advice
33. 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.
34. A parliamentarian may only request advice about a matter relating to the parliamentarian, their staff or their family members.
35. 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
36. 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.
37. 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.
38. 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.
Clause 27: Presiding officer or chair of committee may request advice
39. 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
40. 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.
41. 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
42. 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
43. 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.
44. The person is not subject to any civil liability for, or in relation to, the act but this 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
45. This clause provides clarity for interpretation of key terms used in this Subdivision.
Clause 32: Authorised use or disclosure—performing functions etc.
46. 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.
47. 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
48. 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.
49. 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
50. This clause provides that the Parliamentary Integrity Adviser may disclose protected Adviser information to the person to whom the information relates.
51. This clause is a requirement for the purposes of other laws, including the Australian Privacy Principles.
Clause 35: Offence for unauthorised use or disclosure
52. 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.
53. 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.
54. 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
55. 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.
56. 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).
57. 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
58. 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
59. 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
60. 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
61. This clause outlines the functions of the Parliamentary Standards Commissioner.
62. 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
63. This clause provides for the process for referral of alleged or suspected contraventions of a parliamentary code of conduct.
Clause 43: How alleged or suspected contraventions must be dealt with
64. This clause provides the process of dealing with referrals under clause 42.
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.
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.
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.
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.
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 National Integrity Commissioner, the Parliamentary Standards Commissioner may make preliminary enquiries, conduct an inquiry or determine to take no further action.
78. This clause outlines provisions that apply in relation to an inquiry that is conducted by the Parliamentary Standards Commissioner.
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 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.
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.
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
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.
Clause 66: Authorised disclosure—person to whom information relates
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
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.
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.
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 .
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.
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.
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.
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.
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.
121. This clause has effect subject to the Remuneration Tribunal Act 1973 .
122. This clause provides that the Parliamentary Standards Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
123. 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.
124. This clause provides that the Parliamentary Standards Commissioner may resign the Parliamentary Standards Commissioner’s appointment by giving the Presiding Officers a written resignation.
125. 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
126. This clause provides the process and the grounds for the removal of the Parliamentary Standards Commissioner from office.
Clause 88: Disclosure of interests
127. 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
Clause 90: Assistance to Parliamentary Standards Commissioner
129. 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.
130. 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
131. 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
132. 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
133. This clause provides protection from victimisation and a related offence.
Clause 94: Protection from liability
134. 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
135. 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
136. 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
137. 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
138. 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
139. 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.
140. 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.
141. 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.
142. 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
143. This Schedule includes the House of Representatives Register of Members’ Interests.
Schedule 2— The Senate—Register of Senators’ Interests
144. This Schedule includes the Senate Register of Senators’ Interests.
Schedule 3 - Amendments
145. This Schedule includes consequential amendments to the Public Interest Disclosure Act 2013 that result from the provisions in this Bill.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Integrity (Parliamentary Standards) Bill 2019
This Bill 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 of the Bill
The National Integrity (Parliamentary Standards) Bill 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 the applicable codes of conduct;
· a Parliamentary Standards Commissioner to assist the Presiding Officers, Ethics & Privileges Committees, Prime Minister, and National Integrity Commission, with assessment, investigation and resolution of alleged breaches of the applicable codes of conduct.
Human rights implications
This Bill has been drafted to incorporate safeguards to protect the right to privacy and reputation, balanced against the objective of effectively investigating conduct. There are safeguards on disclosure, with proportionate penalties that will apply to people who disclose information that might impact on rights to privacy.
The right to due process and procedural fairness is maintained in this Bill to ensure that no opinions or findings that are critical of a person are publicly released unless they have been given an opportunity to respond.
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 operation of section 13.3 of the Criminal Code which places an evidentiary burden on the defendant in relation to exceptions and exemptions. 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 Bill is compatible with human rights as its impact on human rights is minimal, reasonable and proportionate to its purpose.
Senator Larissa Waters