Rights and responsibilities. Interview requests

About the Commission

The Parliamentary Workplace Standards and Integrity Commission (the Commission) can investigate reports of parliamentary misconduct by Members of Parliament, Ministers and Parliamentary Secretaries under the Parliamentary Workplace Standards and Integrity Act 2024 (Vic) (PWSI Act).

Request to attend interview

The Commission may request a person to attend an interview in connection with an investigation, within 28 days or longer by exception (section 24(1) of the PWSI Act).

In general, the Commission will request a person attend interview within 7 to 10 days. This is because the Commission is required to act as expeditiously and with as little formality as possible (section 15 PWSI Act).

Responsibilities

A person is required to comply with a request to attend an interview unless they have a reasonable excuse not to comply. The Commission cannot compel a person to answer a question at interview; however, a person who attends an interview must answer the questions truthfully.

Section 76 of the PWSI Act protects you from any criminal, civil, administrative or disciplinary proceedings if you give information in good faith in the interview.

Reasonable excuse not to comply with an interview request

A reasonable excuse is an excuse that is accepted by the Commission. Section 25(3) of the PWSI Act provides that a reasonable excuse includes a request that would contravene a secrecy requirement or an entitlement to claim privilege.

If you consider you have a reasonable excuse, you must submit this in writing to the Commission (section 25(4) of the PWSI Act). The Commission may request further evidence from you to establish a claim of reasonable excuse (section 25(5) of the PWSI Act). The Commission may also apply to the Supreme Court of Victoria to determine whether a reasonable excuse is established (section 26(1) of the PWSI Act).

If the Commission is satisfied that a person has a reasonable excuse not to comply with an investigation request, the Commission must withdraw the request or vary the request by further written notice (section 25(2) of the PWSI Act).

For a current or former Member of Parliament, failure to comply without a reasonable excuse may result in sanctions or referral to Parliament for further action (section 27 of the PWSI Act).

Requesting a variation or withdrawal of our request

The Commission may withdraw or vary an investigation request by written notice (section 25(1) of the PWSI Act). To seek a variation or withdrawal of the investigation request you need to:

• notify the Commission in writing that you cannot comply with the request as is, and explain your reason for seeking a variation of the request, or
• notify the Commission in writing that you have a reasonable excuse not to comply with the request in accordance with section 25(4) of the PWSI Act.

The Commission must withdraw or vary an investigation request by further written notice if the Commission and the person agree that the person is not able to comply with the request or the person has a reasonable excuse not to comply with the request (section 25(2) of the PWSI Act).

Confidentiality notice

The Commission can issue a confidentiality notice if we consider it necessary, specifying the restricted matters that must not be disclosed (section 77 of PWSI Act). If you are issued a confidentiality notice, it will specify the information that cannot be disclosed, unless permitted by the Commission.

A person involved in our investigation who is issued a confidentiality notice may seek legal advice about the notice.

Offences

It is an offence under the PWSI Act to:

• obstruct or hinder an investigation without a reasonable excuse (section 106 of the PWSI Act)
• knowingly provide false or misleading information to the Commission (section 107 of the PWSI Act)
• disclose restricted matters that are subject to a confidentiality notice (section 81 of the PWSI Act).

Rights

Legal representation

A person involved in our investigation is not required to have legal representation but may choose to do so. A person may consult with a legal practitioner in relation to our investigation and any requests we make.

Support person

A support person is someone who you have asked to accompany you to an interview, such as a friend, relative or work representative who is otherwise not involved in the investigation. A support person can offer welfare support to you but must not provide advice to you, answer questions on your behalf, or otherwise interrupt the interview.

If you would like to bring a support person you need to let the Commission know the details of this person prior to your interview. In limited circumstances we may ask you to nominate a different person.

Interviews

If you are requested to attend an interview, it will generally be conducted by two Commission staff and take place at the Commission’s office or via Microsoft Teams video (where appropriate).

Interviews are audio or video recorded and you will receive a copy of the recording and any transcript (if produced). During the interview you can ask to take a break or to speak privately with your lawyer or support person at any time. If there is a reason you need to leave the interview, please let the interviewing officers know.

Accessibility requirements

If you have difficulty speaking or understanding English, you have a right to have an interpreter to help you understand the confidentiality notice and/or to be present at any interview.

If you require any further adjustments to be able to participate in the investigation process, please let us know as soon as practicable and we will consider your circumstances.

Rules of evidence and procedural fairness in an investigation

The Commission is not bound by the rules of evidence but is bound by the rules of procedural fairness. We will ensure that investigations are conducted fairly and give individuals a chance to respond to proposed findings.

At the end of the investigation, the Commission will prepare a report with findings and may also impose sanctions or recommend the imposing of sanctions.

The evidence you provide may be quoted in the report. If the Commission intends to report a comment or opinion that is considered adverse to you, you will be provided with the relevant sections of the draft report and given an opportunity to respond. The Commission is required to take your response into account when completing the final report and to fairly set out your response in the report (section 28(6) of the PWSI Act).

Wellbeing

The Commission is committed to supporting the safety and wellbeing of people who come into contact with our office. You can seek counselling and access supports listed on our website: Resources and support. 

Parliament of Victoria offers Employee Assistance Program services to Members of Parliament, parliamentary officers, electorate officers and parliamentary advisors. This service is provided by Converge International and can be accessed by calling 1300 687 327.

Please call 000 if you require emergency services or if you have safety concerns for you or someone else.

Oversight of the Commission

Integrity Oversight Victoria (IOV) is responsible for monitoring the Commission’s use of investigation requests (coercive powers). IOV can also take complaints about the conduct of the Commission or Commission staff: Contact us | integrityoversight.

Contact us

Parliamentary Workplace Standards and Integrity Commission

Email: enquiries@pwsic.vic.gov.au
Phone: (03) 8486 2000
Post: PO Box 24086, Melbourne VIC 3001