Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

On behalf of Senator Thorpe, I move her amendment on sheet 2899:

(1) Schedule 2, item 2, page 97 (lines 18 to 20), omit subitems (2) and (3), substitute:

(2) If the complainant consents to the complaint being referred to the IPSC, the CEO must refer the conduct issue arising from the complaint to the IPSC.

(3) If the complainant does not consent to the complaint being referred to the IPSC, the PWSS must finish the review.

(4) A referral under subitem (2) must:

(a) be made in writing; and

(b) include the following information:

(i) details of the conduct issue;

(ii) any evidence relevant to the conduct issue.

(5) The new law applies in relation to a referral under subitem (2) as if it were a conduct issue referral under section 24CB of the new law.

(6) If subitem (3) applies, the old law continues to apply in relation to the review and in relation to the complaint for the purposes of the review.

This amendment is important to move because the nub of the amendment is to make sure that complaints that are being investigated by the PWSS—because the IPSC hasn't existed until now—can now, with the consent of the complainant, be transferred to the IPSC if that's where they belong, given the severity of the conduct under investigation. My understanding is that that's the intent of what's meant to happen anyway, but I think it can't hurt to have that clarified and confirmed in the bill. I proudly support and move the amendment on sheet 2899 on behalf of Senator Thorpe, and flag that the Greens will be supporting it.