What is the IPSC?

The IPSC is an independent commission, led by the Chair Commissioner and supported by at least six additional Commissioners, to investigate alleged breaches of the Behaviour Codes and Standards and impose sanctions. 

What are the Behaviour Codes and Standards?

On 14 October 2024, the Australian Parliament endorsed Behaviour Codes and Standards for Members of Parliament, their staff and anyone who works in or visits a Commonwealth Parliamentary Workplace (CPW).

  • The Behaviour Standards for CPWs sets out behavioural standards and expectations that everyone, including members of the public, entering a CPW should meet and reminds everyone that the purpose of the parliament is for the free exchange of ideas in a respectful and professional manner.
  • The Behaviour Code for parliamentary staff sets out behavioural standards and expectations for parliamentary staff. The Code focuses on the requirement for all employees to contribute to a safe and respectful workplace, contribute to and support a diverse and inclusive workplace, and also outlines prohibited behaviours (such as bullying and harassment).
  • The Behaviour Code for Parliamentarians largely mirrors the staff Code but also outlines the employer obligations for safe and respectful workplaces as well as the expectations for how parliamentarians interact with each other in the course of fulfilling their elected role.

What types of conduct can the IPSC receive complaints about?

The IPSC can investigate allegations of misconduct, involving current or former CPW participants. 
There are two categories of conduct outlined in the Act – ‘Post-Code’ or ‘Pre-Code’ – which is dependent on whether the alleged conduct occurred before, or after the commencement of the Behaviour Codes and Standards on 14 October 2024. 

Pre-Code Conduct 

The following conduct, where it occurred prior to 14 October 2024, can be considered by the IPSC as ‘Pre-Code Conduct’:

  • sexual assault
  • assault
  • sexual harassment
  • harassment
  • bullying
  • unreasonable behaviour towards another person that creates a risk to work health and safety. 

The meaning of Pre-Code Conduct (as per Section 24AB of the Act) stipulates the category of persons involved in the matter, and ‘other requirements’, in order for the matter to be able to be considered by the IPSC. 

Person engaging in the conduct Person affected by the conduct Requirements

A Parliamentarian or Members of Parliament (Staff) Act 1984 (MOPS) employee 

 

 A Parliamentarian, MOPS employee or Parliamentary Service employee The conduct was engaged in the course of either the first person or second person performing duties as a Parliamentarian, MOPS employee or Parliamentary Service employee (as the case requires)
A non‑core participant A Parliamentarian, MOPS employee or Parliamentary Service employee

The conduct was engaged in:

(a) in the course of either the first person or second person performing duties as a non‑core participant, parliamentarian, MOPS employee or Parliamentary Service employee (as the case requires); and

(b) at a place in the precincts (within the meaning of the Parliamentary Precincts Act 1988)

Post-Code Conduct 

The IPSC can also receive complaints about alleged breaches of the Behaviour Codes and Standards (conduct post 14 October 2024). 
The Act requires that the conduct be engaged in by a CPW participant, and that the conduct either affects a CPW participant or does not directly affect another person. That is, the conduct must have occurred while the complainant was a CPW participant. 

Who can make a complaint to the IPSC? 

As outlined in the Parliamentary Workplace Support Service Act 2023 (the Act), a complaint can be made by a person who is a current or former: 

  • Parliamentarian
  • MOPS employee
  • Parliamentary Service employee, a Secretary of a Parliamentary Department or the Parliamentary Librarian
  • a person who carries out work for a parliamentarian predominantly at a CPW (called ‘designated workers’ in the Act, e.g. a volunteer or intern) for post-code conduct only
  • other person who works predominantly at a CPW (called ‘non-core participants’ in the Act e.g. a member of the press gallery or a contracted employee) for post-code conduct only
  • Australian Federal Police appointee or Australian Public Service employee (e.g. a Departmental Liaison Officer) or Agency Head predominantly working from Australian Parliament House for post-Code conduct only
  • COMCAR driver (for post-Code conduct only).

A member of the public cannot make a complaint directly to the IPSC.

Who can a complaint be made about?

Complaints can be made about a person who is a current or former:

  • Parliamentarian
  • MOPS employee
  • a person who carries out work for a Parliamentarian predominantly at a CPW (called ‘designated workers’ in the Act e.g. a volunteer or intern) for post-code conduct only, or
  • other person who works predominantly at a CPW (called ‘non-core participants’ in the Act e.g. a member of the press gallery or a contracted employee)

The IPSC cannot investigate a complaint about conduct of:

How do I submit a complaint?

Complaints must be made in writing to enquiry@ipsc.gov.au and include the following information: 

  • details of the allegation
  • any evidence to support the complaint
  • the complainant’s name and contact details. 

Complainants are encouraged to include as much information and detail as possible, including any supporting documentary evidence (such as emails, text messages, etc.)

What can I expect once I submit a complaint?

Once your complaint has been submitted, a member of the IPSC Secretariat Team will acknowledge receipt of your complaint. The Team will undertake an initial assessment of the complaint to ensure it is within the remit of the IPSC and may ask you a few questions to gather relevant information to assist in this assessment. 

If the complaint is not considered within the remit of the IPSC, you will be advised in writing, and no further action will be taken. 

If the complaint is considered within the remit of the IPSC, the complaint is reviewed by the Chair Commissioner and an investigating Commissioner is assigned to determine how to deal with the conduct issue. The investigating Commissioner may undertake preliminary inquiries, and you may be required to produce information/documents or attend an interview. 

Upon reviewing the available information, the investigating Commissioner may do any of the following to deal with the conduct issue: 

  • investigate the issue
  • not investigate and instead refer the matter to a different Agency
  • take no action, or no further action, in relation to the issue. 

The investigating Commissioner will write to the complainant, advising them of their decision.

What can’t the IPSC investigate? 

An investigating Commissioner must decide not to investigate a conduct issue, or (if the investigation has started) not to investigate a conduct issue further, if:

  • the issue arose from a conduct complaint or conduct issue referral and at the time of the conduct concerned, both the complainant and respondent were non‑core participants
  • at the time of the conduct concerned, the respondent was:
    • an APS employee who is not a MOPS employee
    • a Parliamentary Service employee
    • an Agency Head
    • the Secretary of a Parliamentary Department
    • the Parliamentary Librarian
    • an AFP appointee
    • a COMCAR driver
  • the conduct concerned forms part of proceedings in Parliament for the purposes of section 16 of the Parliamentary Privileges Act 1987
  • the conduct concerned may constitute a serious offence against a person and the person does not consent to the investigation.

What is a Confidentiality Notice? 

IPSC Commissioners may impose confidentiality obligations to prevent individuals from disclosing, or making records of, certain information relevant to an IPSC process. If confidentiality obligations are imposed on you, you will be notified in writing through a Confidentiality Notice. 

The notice will set out your obligations, which may include restrictions on the disclosure of certain information relevant to an IPSC process (including an investigation or review) or action and will specify the period for which you must comply with those obligations.

If you breach your confidentiality obligations, you will be liable for an offence, the penalty for which is imprisonment for up to six months or 30 penalty units (currently $9,390), or both. Additionally, if you are a Parliamentarian or a MOP(S) Act employee you have obligations under the Behaviour Codes to maintain the confidentiality of the IPSC process. Failure to do so may constitute a breach and be dealt with as such by the IPSC, and sanctions may be imposed on you.

What is a Notice to Give Information?

If an investigating Commissioner has reasonable grounds to believe that a person has information, or a document or thing, that is relevant to the conduct issue, they may, by written notice, require a person to: 

  • give any such information to the Commissioner
  • produce any such document or thing to the Commissioner
  • attend an interview with the Commissioner, including to make a statement or answer questions. 

If you fail to comply with the Notice, you will be liable for an offence, the penalty for which is imprisonment for up to six months or 30 penalty units (currently $9,390), or both.

If my complaint is investigated, will I be notified of the outcome?

Both the respondent and complainant will receive a copy of the final investigation report. 

The final report sets out:

  • the decisions made by the decision‑maker
  • any other findings on the conduct issue that the decision‑maker thinks fit to make
  • a summary of the evidence and other material on which those decisions and findings are based. 

The decision‑maker must exclude any information that they consider Is ‘sensitive information’. 

Are Investigation Reports made public? 

The IPSC does not publish investigation reports. 

IPSC contact details 

Get support

The Parliamentary Workplace Support Service (PWSS) can provide you with counselling and support, if something has happened to you, or a complaint has been made against you, in the workplace. 

The PWSS can be contacted 24 hours a day, 7 days a week.

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