Federal politicians found to have been misbehaving – sexually harassing, assaulting, or bullying staff – could be fined up to 5% of their salary under new proposed laws.
Under legislation tabled in Parliament today, an independent workplace body would be established to enforce behaviour codes for MPs and Senators.
The proposal was included in a 2021 workplace review, which followed the alleged rape of former Liberal staffer Brittany Higgins in Parliament House.
Background
After Higgins went public with her allegations in 2021, the then-Coalition Government announced a formal review into Parliament’s workplace culture.
The ‘Set the Standard’ review received contributions from 1,723 people who worked in Parliament.
Its final report in November 2021 found more than half of respondents had experienced at least one incident of bullying, sexual harassment or “actual or attempted sexual assault.”
The review identified gender inequality, a lack of accountability, and a lack of diversity as key contributors to the workplace culture in Parliament.
It made 28 recommendations to introduce new workplace standards, including better training and a central Human Resources office.
This led to the creation of the Parliamentary Workplace Support Service (PWSS) — a Government agency that offers staff HR advice and 24/7 counselling support. It also facilitates respect and safety training and other learning programs.
IPSC
The review recommended an ‘Independent Parliamentary Standards Commission’ (IPSC) be launched, to investigate misconduct complaints.
It would act as an impartial investigator, while the PWSS (HR agency) would provide support services for anyone who makes a complaint.
The review called for the initiative to be established within 12 months of the November 2021 .
New laws
On Wednesday, the Government introduced legislation to launch the recommended IPSC.
It will have powers to investigate complaints against MPs, Senators, and political staffers. This is to ensure “that both staff and parliamentarians are held to account for their behaviour.”
The IPSC will also be able to determine and enforce relevant sanctions for breaches.
Penalties
Under the legislation, politicians could be fined or penalised for misbehaving including:
- A fine, worth 2-5% of their annual pay
- Suspension from Parliament
- Removal from a committee
Parliamentarians on the minimum annual salary of $233,660 face penalties between $4,673 and $11,683.
MPs who serve on committees also risk losing pay entitlements associated with those responsibilities.
The body will outline and enforce a “behaviour code”, to be updated after every federal election.
The code sets out requirements to “foster respectful and inclusive workplaces” and a formal ban on bullying, harassment, assault, sexual harassment and discrimination.
Most complaints will be kept confidential. However, serious complaints and sanctions could be made public, after an extensive parliamentary process.
Govt remarks
Minister for Finance, Senator Katy Gallagher said the penalty scheme is designed to act as “a very significant deterrent for members of parliament and senators”.
“The 2021 Set the Standard report laid bare the serious issues of bullying, sexual harassment and sexual assault at Parliamentary workplaces.
“We’re trying to change that.”
The legislation will need either support from the Opposition or the Greens and a handful of Crossbenchers to get through Parliament.
Response
Shadow Minister for Women Sussan Ley said she will closely consider the Government’s proposed legislation.
Greens spokesperson on Women, Senator Larissa Waters, welcomed the IPSC.
She added she wanted to see the Commission introduced without further delay.
“Women and staff have been unsafe in parliament for far too long,” Waters said.
