Mr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

by leave—I move:

That:

a Joint Select Committee on Parliamentary Standards be established to inquire into and report on matters relating to the development of codes of conduct for Commonwealth Parliamentary Workplaces, and in conducting the inquiry, the committee:

develop a code or codes of conduct for Commonwealth parliamentarians, parliamentary staff, and parliamentary workplaces to ensure safe and respectful behaviour;

consider:

equivalent codes of conduct in other, particularly Westminster, parliamentary systems;

how any proposed code can prevent bullying, harassment, sexual harassment and sexual assault;

reasonable expectations of respectful and professional behaviour;

the views of Commonwealth Parliamentary Workplace occupants, in particular staff employed under the Members of Parliament (Staff) Act 1984, parliamentarians, and other workers in Commonwealth parliamentary workplaces;

the applicability and enforcement of any proposed code in relation to other legislation, including statutory obligations under relevant workplace and anti-discrimination legislation;

the findings and recommendations of the Australian Human Rights Commission's Review, Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces;

the terms under which an alleged breach of any proposed code may be referred for review;

appropriate appeal mechanisms for findings made under any proposed code; and

the context of any enforcement body established by the Parliament;

recommend options for:

the enforcement of any proposed code; and

mechanisms for reviewing the operation of any proposed code; and

consider any other related matter.

The committee may report from time to time, but that it present its final report by no later than 1 November 2022;

The committee consist of 12 members, four Members of the House of Representatives to be nominated by the Government Whip or Whips, one Member of the House of Representatives to be nominated by the Opposition Whip or Whips, one Member of the House of Representatives to be nominated by any minority group or independent Member, three Senators to be nominated by the Leader of the Government in the Senate, two Senators to be nominated by the Leader of the Opposition in the Senate, and one Senator to be nominated by any minority group or independent Senator;

Participating members may be appointed to the committee on the nomination in the House of Representatives, of the Government or Opposition Whip or Whips, or any minority group or independent Member, and in the Senate, of the Leader of the Government or Opposition, or any minority group or independent Senator, and such participating member may participate in hearings of evidence and deliberations of the committee and have all rights of a committee member except that a participating member may not vote on any questions before the committee;

Every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives;

In the event that a House is not sitting and is not expected to meet for at least two weeks, the relevant whip may nominate any appointment or discharge of a member of a committee in writing to the relevant Presiding Officer. The change in membership shall take effect from the time the Presiding Officer received the written nomination. At the next sitting, the Presiding Officer shall report the change to the relevant House and the House shall resolve membership of that committee;

The members of the committee hold office as a joint select committee until presentation of the committee's final report or until the House of Representatives is dissolved or expires by effluxion of time, whichever is the earlier;

The committee elect:

a Government member as its chair; and

an Opposition member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee;

At any time when the chair and deputy chair are not present at a meeting of the committee the members elect another member to act as chair at that meeting;

In the event of an equally divided vote, the chair, or deputy chair when acting as chair, have a casting vote;

Three members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;

The committee have power to:

appoint subcommittees consisting of three or more of its members, and to refer to any subcommittee any matter which the committee is empowered to examine; and

appoint the chair of each subcommittee who shall have a casting vote only;

At any time when the chair of a subcommittee is not present at a meeting of the subcommittee, the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting;

Two members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;

Members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum;

The committee or any subcommittee have power to:

call for witnesses to attend and for documents to be produced;

conduct proceedings at any place it sees fit;

sit in public or in private;

report from time to time; and

adjourn from time to time and sit during any adjournment of the House of Representatives and the Senate;

The committee be:

provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President of the Senate and the Speaker of the House of Representatives; and

empowered to publish from day to day such documents and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public;

The committee or any subcommittee have power to consider and make use of the evidence and records of the former Joint Select Committee on Parliamentary Standards;

The provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders; and

A message be sent to the Senate seeking its concurrence in this resolution.

Question agreed to.