Graham Perrett (Moreton, Australian Labor Party) Share this | Hansard source

Throughout my working life I've been a farm worker, I've worked at Hungry Jack's, I've been a teacher, I've been a lawyer, I've been a union organiser, I've been a policy adviser and, for the last 17 years, I've been a member of parliament. So I have some understanding of what a safe and respectful workplace looks like. The best workplaces have fair treatment of all who work there. They respect each other's differences, whether they be in values, religion, culture, sexuality, sporting teams and so on. Those workplaces have open and civil communication, and people are always acting with integrity. I would add another point: good workplaces have accountability for employers' actions.

In February 2023, both the House of Representatives and the Senate endorsed, on an interim basis, the parliamentarian behaviour codes and standards for Commonwealth parliamentary workplaces. These were developed by the Joint Select Committee on Parliamentary Standards and apply to parliamentarians, staff and the wider parliamentary workplace. The passage of this bill means that the behaviour codes will be formally adopted. It is worth highlighting the behaviour codes. The headline standards are:

Act respectfully, professionally and with integrity.

Encourage and value diverse perspectives and recognise the importance of a free exchange of ideas.

Recognise your power, influence or authority and do not abuse them.

Uphold laws that support safe and respectful workplaces, including anti-discrimination, employment, work health and safety and criminal laws.

Bullying, harassment, sexual harassment or assault, or discrimination in any form, including on the grounds of race, age, sex, sexuality, gender identity, disability, or religion will not be tolerated, condoned or ignored.

The behaviour code for Australian parliamentarians states:

All Australian Parliamentarians have a shared responsibility as employers and leaders in the community to ensure that Commonwealth Parliamentary Workplaces meet the highest standards of integrity—

I'll say that again: the highest standards of integrity—

dignity, safety and mutual respect.

It's a good thing to remind every MP and senator but also, in the lead-up to the election next year, every candidate that it's the 'highest standards of integrity' in this workplace. Unlike every other workplace in Australia, here we expect the highest standards. With the possible exception of early morning sporting events, where some people have unfairly indicated that I occasionally suffer from white-line fever, I agree with this statement. This parliament should have the highest standards. We do not hold these positions lightly or take them for granted. We need to reflect these standards in our daily activity, whether that's here in parliament, in our electorate offices or when travelling for work.

That's why I'm pleased to support the Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Bill. This bill directly addresses recommendation 22 of the Set the standard: report on the Independent Review into Commonwealth Parliamentary Workplaces from November 2021, probably more commonly known as the Jenkins report. Recommendation 22 states that the houses of parliament should establish an Independent Parliamentary Standards Commission, or the IPSC, to handle complaints and make findings about misconduct, and to make recommendations on sanctions for parliamentarians, staff and others who breach codes of conduct. Labor has been committed to implementing all 28 recommendations in the Jenkins report to ensure that this workplace, and all of the electorate offices and ministerial offices throughout the country—and anywhere else where parliamentary work occurs, because committees do a lot of travelling—operate in a safe and respectful manner, as I previously described. This is the standard we should have and one that proves worthy of the community we serve. This place should be, as the Jenkins report describes, a model workplace.

It is fair to say that the lack of clear standards of conduct and the lack of accountability for misconduct have put the Australian parliament behind most other workplaces. I remember, and I'm sure most people know—and you, Deputy Speaker Chesters, particularly—that when this building opened in 1988, it had four bars. Now it has none. One of those bars is a childcare centre that I know my children have been to and your children have been to. It reflects the modern parliament. That this bill ensures that it will no longer be the case that we're different to other workplaces in a bad way.

Labor intends that the IPSC will start on 1 October this year. This body will investigate complaints about breaches of the behaviour codes. It will be an independent body with fair, impartial and confidential processes, and it won't be toothless. If the IPSC decides that there has been a breach of the behaviour codes, it will be able to directly impose sanctions on MPs. The sanctions may include training, behaviour agreements or reprimands. Serious findings will be referred to the relevant Privileges Committee to recommend appropriate sanctions. I'm sure all of us in this place agree with these measures, and with the concept of holding each other to account for respectful behaviour at work. Any sanctions implemented by the Privileges Committee will become public.

The Jenkins Report states that taking steps to prevent and respond to misconduct effectively has several benefits. Not least of these is improved conditions for employees. In 'establishing Parliament as a model safe and respectful workplace', it will 'help to attract and retain and attract the best staff' in a competitive labour environment, 'support high performance in complex operating environments …' and 'support diversity and better democratic representation and decision-making'. This bill builds on Labor's leadership in bringing reforms to the parliamentary workplace. In 2023, the Albanese Labor government worked closely with the cross-party parliamentary leadership taskforce and its staff consultation group to establish the Parliamentary Workplace Support Service.

I extend my thanks to those who participated in this process that will benefit us here in this chamber, our colleagues and our staff. I especially thank one of my indefatigable comrades, the member for Newcastle, who made a great contribution in steering that process—the Deputy Speaker, in a more respectful way. The remit of the PWSS is to provide independent and confidential human resource advice to create and maintain safe, respectful and inclusive workplaces. This encompasses workplace health and safety support, wellbeing, workplace reviews, conflict resolution, and early intervention to all who work or volunteer in Commonwealth parliamentary workplaces. The PWSS is driving cultural change in response to the Jenkins report and the IPSC will continue the charge. It is important to us that the reforms hit the mark, which is why there has been careful consultation with the Parliamentary Leadership Taskforce.

The IPSC will be established as part of the PWSS while retaining a separate function between its investigatory function and the daily operations of the PWSS. Currently, the PWSS has the power to undertake workplace investigations. This function will sunset—hopefully, all going well—on 1 October in order for the IPSC to operate. Going forward, we anticipate that the PWSS will still be the initial recipient of any complaints or reports, and that the IPSC will not investigate any issues that are better off addressed through the complaint resolution function of the PWSS. If the complaint is determined to need an IPSC workplace investigation, PWSS could assist the complainant in their initial dealings with the IPSC.

Employees in Commonwealth parliamentary workplaces have existing obligations under workplace health and safety legislation. It is important to note that the IPSC complements these existing laws. It does not require additional reporting, but it does provide an additional pathway, if appropriate. Again, the PWSS can assist in determining if a complaint is best suited to existing work health and safety laws or to the IPSC. It will operate as the Set the standard report recommended. The structure of an investigation acknowledges that parliamentarians are elected members, so three commissioners will make the final deliberation for a parliamentary respondent. In the case of a staff respondent or other worker, a single commissioner would make the decision. There are pathways for internal review of decisions, and in these circumstances three commissioners would do the review.

It is intended that the behaviour codes be adopted into the standing orders for both the House of Reps and the Senate, in line with recommendation 2 of the Joint Select Committee on Parliamentary Standards report, and the behaviour code for staffers will be formalised under the Members of Parliament (Staff) Act. Going forward, the PWSS will provide training on the behaviour code so parliamentarians, their staff and others who work in Commonwealth parliamentary workplaces will understand their obligations, and the standards will be reviewed within one year of the first session of each new parliament, keeping them front of mind for all.

The Albanese Labor government has committed $3.8 million to establish the Independent Parliamentary Standards Commission. This is an important reform which must be taken seriously. Obviously, I believe that this is the best country in the world, and we have the best parliament in the world, but it can still be better, and it can still be improved. As the song goes, rust never sleeps. We must keep trying to improve this building and all who dwell in it. The behaviour codes in the IPSC will work together to set expectations for safe and respectful workplaces and add accountability for actions. We all have a part to play, now and ongoing, and that's why I'm happy to commend the bill to the House.

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