Susan Templeman (Macquarie, Australian Labor Party) Share this | Link to this | Hansard source

I move:

That this House:

(1) notes with concern the findings of the Raising Their Voices report of the independent review into sexual harm, sexual harassment and systemic discrimination in the Australian contemporary music industry;

(2) commends the Music Industry Joint Statement of Acknowledgement recognising the harm documented by the review and their commitment to implement 'long-term, sustainable change';

(3) further notes that a pillar of the Government's national cultural policy under development is the centrality of the artist, which includes supporting the artist as a worker;

(4) welcomes the Government's position that artists have the right to work in an environment free from bullying, sexual harassment, sexual assault and discrimination; and

(5) supports the objective to prioritise a safe working environment for artists and everyone working in the industry.

It is very timely that we're debating this motion while ARIA-recognised Thelma Plum is playing downstairs for all to hear and enjoy. When the findings of the national music industry review on sexual harassment, bullying, discrimination and other forms of harm within the music industry were released in September, it was telling that no-one in the industry was very surprised. But to say they were not surprised didn't mean these were not harrowing revelations that were shocking to read.

Around 1,300 musicians and music workers shared their experiences, and the problems the report spoke of had been an open secret for a long time—far too long. Of the women surveyed, 72 per cent had experienced workplace sexual harassment or sexual harm during their careers. There were 74 per cent of respondents who had experienced bullying, and 55 per cent had suffered workplace harassment. Some 82 per cent said they did not report incidents of sexual harm or harassment. Only three per cent had made a formal complaint, and half of them were dissatisfied with the outcome.

One respondent reported:

I can't tell you how many times I have been hit on, groped, grabbed, squeezed and rubbed up against in a sexual way.

Another stated that one manager was:

… notorious for hiring young women ... You're made to feel you were so lucky to be working there. He had grossly sexual behaviour. If you resisted or said something about it, there would be retribution.

These are quotes in the report. For some, the behaviour they were subjected to had far-reaching consequences. One described a mental health breakdown. Some lived in constant fear. Others left the music industry. It has got to stop—no more open secrets, no more excuses, no more turning a blind eye, no more coercion, no more prejudice, no more protection of perpetrators.

If we want to feel proud of our Australian music, we need a workplace culture in which every musician and music worker can feel safe. We need perpetrators to be held to account for their conduct. We need victims to be heard, believed and supported. Above all, we need a fundamental shift in the way the music industry thinks about workplace safety, sexism and diversity. We recognise the contribution that Australian women, people who identify as LGBTQI+ and many diverse groups make to the music industry, and I'm committed to working with the industry to support the changes needed to create safe and respectful workplaces.

In the wake of the findings, the music industry has promised to act. The Music Industry Joint Statement of Acknowledgement, issued by leaders in the industry, is welcome, but it's an understatement to say that there's a great deal more that needs to be done. There are 17 recommendations in the report, calling for an industry-wide approach and support from government to prevent sexual harm, sexual harassment, bullying and systemic discrimination, and for cultural reform to develop a code of conduct and reporting and compliance regimes, with industry leaders, artists, music organisations, industry bodies and employers all needing to take practical steps to reform.

What role does government have in this? There are already rules and responsibilities that employers have to maintain a safe and respectful workplace. They're in antidiscrimination law, employment law, and work health and safety law. We're strengthening them in our respect at work law. Our secure jobs, better pay legislation changes things so that people can ask the Fair Work Commission to deal quickly and effectively with a complaint of sexual harassment, whether the harassment occurred in the past, is ongoing or both. It also empowers the Fair Work Ombudsman to investigate and assist with compliance. This amplifies the message that workplace sexual harassment will not be tolerated.

I hear the industry's call for assistance in creating a mechanism or a body to unite the disparate parts of the music industry to be able to better tackle these workplace issues. It recognises that despite existing protections there are potential gaps in support, particularly in this gig economy. As Special Envoy for the Arts, I've been involved in the consultation as we prepare for a new national cultural policy in which the centrality of the artist will be a central theme. We'll support the music industry as it addresses the important issues identified in the report. We need the Australian music industry to tell our stories in a way that we can be proud of, and we'll be looking to support them any way that we can.

Terry Young (Longman, Liberal National Party) Share this | Link to this | Hansard source

Is there a seconder?

Brian Mitchell (Lyons, Australian Labor Party) Share this | Link to this | Hansard source

I second the motion and reserve my right to speak.

James Stevens (Sturt, Liberal Party) Share this | Link to this | Hansard source

I commend the member for Macquarie for moving this motion and thank her for bringing it to debate in this chamber. It's really important that we take every opportunity we can to talk about these uncomfortable and unpleasant issues, highlight them here in the federal parliament and make sure that we send the message that, by having a unified position on these issues, we're very committed as leaders in our community to making significant change in any such instance. This one, particular to the music industry, is a good opportunity. I thank her for that and commend and associate myself with all of the remarks she made.

In some ways it's disappointing that we hear these revelations on a really regular basis. It can be depressing that we've got so many problems that need to be addressed in the space of the treatment of people in the workplace, particularly around sexual harassment and other things. I feel the silver lining on it is that at least we're now revealing practices that, let's be honest, have clearly been happening consistently for a long time. Let's be blunt. It's been thousands of years in professions that go back that long.

At least we live in an era now where we are talking about these issues. We are calling them out. People are feeling, at times, empowered to tell stories that they didn't feel comfortable telling in years and decades gone by. I hope that, both in this parliament and more generally in society, people who have had these awful, terrible, unacceptable experiences are feeling that change is occurring. I think we all wish it was occurring much more quickly than it is, but I hope that we're bringing leadership in this place to this topic generally.

Specifically, this motion gives us an opportunity to talk about the music industry, but I hope that we are bringing leadership and cultural change that empowers people to talk about this poor treatment. I hope we are sending a very clear message that it's completely and utterly unacceptable, that members of the Commonwealth parliament find it completely and utterly unacceptable and that there is more support for victims of this kind of treatment than ever before. Workplaces, I hope, are giving confidence to employees across every sector in our society, if there are issues like this that are systemic or if they've had particular appalling experiences, to come forward, because we want to help and support them and we want to stamp out these sorts of appalling and disgraceful practices that are occurring.

I know this motion isn't singling out this industry at all; what it's saying is that this is a good example of revelations in a sector that are not acceptable but which are also an opportunity for that sector to take the steps that they are taking to send a very clear signal. Having uncovered this appalling culture of behaviour, as an industry, they are going to provide leadership to change that for the future. Hopefully, if nothing else, despite those people having had such terrible experiences, they will have some confidence that no-one in the future will have to go through the sorts of things they have had to go through.

I think this is in light of a really important piece of legislation that will pass through the Senate by the end of this term, the respect at work bill, and of course the excellent work that Kate Jenkins has undertaken in her role broadly but also the review that she undertook into workplace culture and some very uncomfortable and confronting issues that occur in this building. Again, I would say that I'm pleased that we are shining a light on this topic. There have been poor, terrible and even criminal experiences that people have endured. Whilst it's very uncomfortable to hear the truth that they occur, at least we are shining a light on this topic so we can make the changes we can make as parliamentarians in our workplace. Also, from a legislative point of view, we can make sure to provide an opportunity to ensure that people don't have to endure those awful experiences and that awful treatment into the future. On that basis, this is a very uncomfortable, disappointing set of revelations, but it shows an opportunity for us to do what we can to change it for the better into the future.

Josh Wilson (Fremantle, Australian Labor Party) Share this | Link to this | Hansard source

I'm very glad to speak to this motion. I thank the member for Macquarie, the government's Special Envoy for the Arts, for bringing it forward. Can I say at the outset that, without question, live music is one of the best things. We can argue about whether storytelling or music is likely to have been humankind's first collective cultural experience—for all we know, it was quite possibly both at the same time. Through live music we join into something bigger than ourselves. We tell and hear stories. We experience the amplification of joy and pain. We remember and we celebrate. Sometimes we might shake our fists and dance for change. Sometimes we mourn. Without question, making, hearing and dancing to music together is one of the great heartthrobs that animate our experience of creativity and community.

Because it represents such a magical, primal, essential human experience, we should expect it to be a ubiquitous and frequent part of our lives. On that basis, it absolutely has to be a welcoming, safe, inclusive experience for all involved, starting with musicians and other workers in industry, and for everyone who goes along to support their work and to revel in their noise. Unfortunately, we know that isn't always the case. The Raising their voices report showed that 55 per cent of the nearly 1,300 survey participants had experienced some form of workplace sexual harassment and 72 per cent of women had suffered that kind of unacceptable treatment. In addition, 76 per cent of survey participants reported having experienced bullying at some point in their musical career. This independent report has shone a light on the prevalence of conduct like this in the music industry, and it has to stop.

Live music can be wild. Live music can push buttons and boundaries. It's okay if the noise is a little bit dangerous. It's great sometimes if the lyrics and the performance are on the edge or over the top. But it is 100 per cent not okay when the live music environment is an environment in which violence, sexual assault, harassment, or anything that is fundamentally exploitative and non-consensual occurs. Those behaviours are not okay anywhere. We know in Australia that we have work to do to eliminate that kind of conduct in almost every area of life, but it has been, unfortunately, common and widespread in the music industry and that needs to stop. As Jaguar Jonze has noted, the Raising theirvoices report took a lot of sacrifice and energy from survivors, and it must be the beginning of serious remedial work. Jonze has said:

We now require commitment to change and action. I hope that with the report, the industry leaders will commit and implement the recommendations to begin the process of creating safe arts workplaces.'

I'm lucky to have grown up surrounded by music. Both my parents are musical, and my brother is a musician. My dad chaired the board of a not-for-profit live music venue: the Fly by Night Club in Fremantle. Freo has long featured a range of distinctive and evolving music venues, but Freo has had its share of unacceptable behaviour and poor venue management of such behaviour, including in the last couple of years. Sadly, for women, whether they're musicians or fans of musicians, it's the case that a concert crowd is an environment in which they can almost be guaranteed to experience unwanted and inappropriate attention. That needs to change, and it needs to change through the behaviour of men. Men need to change. There needs to be a cultural and behavioural shift with no tolerance of the crap that has been endemic in some of these situations. All of us can be part of that change by having a good hard look at ourselves, by not looking the other way when it comes to the behaviour of people we know and by showing a bit of courage as a bystander to call out or report bad behaviour when it happens around us.

The prospect of live music performed or enjoyed should never be tainted by the anticipation of harassment or bullying. There is much to be done to ensure that Australian songwriters and performers are properly valued and supported in their vital work, starting with safe workplaces. I call on people around Australia, in my community and in communities all around the country, as summer begins, to reflect on the fact that musicians are among those worst affected by the COVID pandemic and that, in some jurisdictions the live music scene has only recovered to 50 per cent of its pre-COVID state. Let's do something about that. We can do something about that by getting out and supporting the Australian live music scene as summer arrives—which I think is happening in Fremantle today, but I'm not so sure about the east coast! A critical part of that work within the industry, within venues, within some of the bands and, certainly, within the crowds is to make sure that our ability to be energised by the primal goodness of live music is not limited, diluted or ruined by stupid, ugly, unacceptable behaviour.

Brian Mitchell (Lyons, Australian Labor Party) Share this | Link to this | Hansard source

I, too, would like to thank the member for Macquarie for moving this important motion, and I'd like to take the opportunity to commend the work she's been doing as Special Envoy for the Arts to support the arts and shape government policy in relation to Australia's creative sector. I know she wanted to be here for these features, but she has been called away due to her coughing. I note our strong support for the industry across the parliament, which we saw demonstrated on the weekend with many MPs across the parliament repping their favourite Aussie band for Ausmusic T-Shirt Day. And today, right now, globally recognised Australian artist Thelma Plum is downstairs, performing to some very lucky MPs, senators and staffers.

Of course, you can wholeheartedly support an industry and still acknowledge that there is room for improvement. I do share the member for Macquarie's deep concern about the findings of the Raising their voices report of the independent review into sexual harm, sexual harassment and systemic discrimination in the Australian contemporary music industry. For example, some 55 per cent of respondents alleged they had experienced some form of workplace sexual harassment and sexual harm in their career. Further, almost 80 per cent of respondents said they had experienced some form of everyday sexism during their career—those nasty throwaway lines or gestures or whatever it may be. And just as many—the vast majority being women—said they had experienced workplace bullying. These are issues that many industries and workplaces have been grappling with of late, as the former speaker noted, including our own parliamentary workplace. The music industry is, historically, insecure—contracted, casualised. It's, frankly, a breeding ground for abuse for people who wish to get ahead and are told the only way to do that is to make themselves available sexually. That's got to stop. It's just unacceptable. As the member for Macquarie said earlier, it is totally unacceptable and it just has to stop 'full stop'. All workers, including artists and anybody else who works in the music industry, or any industry at all, have the right to work in an environment free from bullying, free from sexual harassment, free from sexual assault and free from discrimination.

The right to physical and psychological safety at work is enshrined in legislation and international human rights agreements, but we need to take the next step and have it enshrined not just in legislation but in the culture of workplaces. I commend the music industry for its joint statement of acknowledgement, which recognises the harm documented by the review, and for its commitment to implement long-term sustainable change.

The Raising their voices report makes 17 recommendations, which provide a blueprint for the industry to become a global leader prioritising safety, inclusion and respect. That's a very worthy goal, and I certainly hope they get there. The recommendations include the creation of a contemporary music industry cultural reform council to further develop a code of conduct, establishing of an independent safe space for people to confidentially disclose experiences and the creation of awareness campaigns.

I'm proud to be a member of a government that is committed to ending sexual harassment in the workplace and, frankly, proud to be part of a parliament that is recognising the longstanding issues in this place as a workplace and that is finally dealing with them. As we've seen with the Jenkins report, Set the standard, these issues have existed for decades, if not generations. We are recognising that they are real, and they are being dealt with.

Over the past five years one in three people have experienced sexual harassment at work, with women experiencing higher rates of harassment than men. Aboriginal and Torres Strait Islander people, people with a disability and members of the LGBTIQ community are, on average, more likely to experience workplace sexual harassment. Everyone has the right to a safe and respectful workplace, and the fact that workplaces have not been safe or respectful for so many Australians is unacceptable. The Albanese government recently introduced into parliament the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022, delivering on an important election commitment to end sexual harassment at work. The bill implements seven legislative changes recommended by Sex Discrimination Commissioner Kate Jenkins that were left unfinished by the former government. There are a range of issues that that goes into, which I won't have time to talk about now.

To conclude, I would like to echo the words of the Prime Minister in his speech in the second reading debate on the bill:

… there are some basic yardsticks by which any civilised society should measure itself. One of those is that everyone has the right to a safe and respectful workplace … The fact that workplaces have not been safe or respectful for so many Australians is simply unacceptable …

This government is acting to help put an end to sexual harassment in Australian workplaces.

Tania Lawrence (Hasluck, Australian Labor Party) Share this | Link to this | Hansard source

A denial of equality on any basis is a denial of respect. It's a failure to uphold the rights of every person. It's a failure to have our nation realise its full potential. I add my voice to speak in favour of this motion by the member for Macquarie, the government's Special Envoy for the Arts, who has a long-held interest in both the arts generally and in combating inequality.

The Raising their voices report, delivered in September, covers many ills: sexual harassment, sexual violence, bullying, pay disparities, a culture of drug and alcohol misuse, misogyny and a poor workplace culture where women and minority groups find it difficult to thrive. At the root of each of these ills is the denial of equality and the denial of respect. The Raising their voices report did not happen suddenly. It is the result of many people, mainly women, being prepared to speak up and take action over many years. The report is the result of those cumulative efforts, and I salute all those who have contributed. We know that many times people decide not to speak up when they have been abused or discriminated against or even assaulted. There are many reasons for this. Sometimes it all seems too hard, sometimes there's a job on the line, sometimes there's fear, sometimes peer pressure might play a part, sometimes the last experience of a complaint going nowhere mitigates against complaining this time and sometimes maybe we think that our voice doesn't count, that it's just one voice, that it won't make any difference.

Tarana Burke, the founder of the Me Too movement, responded to the report in the keynote address in conversation at Bigsound 2022. Tarana challenged artists and industries to take responsibility for their part in the harms described in this report. She reflected on the courage of those who came forward to describe abuse and asked industry to show the same courage. The courage Tarana Burke refers to requires much more than the Music Industry Joint Statement of Acknowledgement, released the same day as the report. The music industry accepts the report, acknowledges the harm and has apologised, with over 100 music companies and organisations signing on. This is just a first step. Courage infers action; action requires courage.

I'd like to thank every woman, man and gender-diverse person who participated in this report. Your voice made a difference. I thank the artists who came together in 2021 to kick off the process, the temporary working group and the review team, and I'd like to thank all those who raised their voices in the years leading up to the report, who may have thought that it didn't make a difference. I thank Rae Cooper, Amanda Coles and Sally Hanna-Osborne, who delivered the report Skipping a beat: Assessing the state of gender equality in the Australian music industry back in 2017. I thank All Our Exes Live in Texas for speaking out. I thank Mallrat for not just letting it lie but pointing out the ARIA Awards' gender disparity this year. I thank David Novak for challenging men in his industry to grow up and stand up. I thank Camp Cope for noting that there's always another man telling them that they can't fill a tent and yet riding in the dark on their bike with no handlebars and refusing to be just a female opener for anyone.

This government has already taken action to implement the recommendations from the National Inquiry into Sexual Harassment in Australian Workplaces, delivered by Sex Discrimination Commissioner Kate Jenkins in March 2020. It is salient for this motion that the proportion of the workforce found to have experienced sexual harassment in the Jenkins report was about a third—too high but significantly lower than the more than 50 per cent in the Raising their voices report. As the Prime Minister stated in the House, it is simply unacceptable.

The music industry has a problem, and it needs help. Among other things, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 aims to prohibit conduct that subjects another person to a workplace environment that is hostile on the ground of sex and aims to introduce a positive duty on employers to take responsible and proportionate measures to eliminate unlawful sexual discrimination, including sexual harassment, as far as possible.

In my first speech, some five months ago in this place, I looked forward to 'a country where politicians speak less of the need for cultural and gender diversity because it has become the norm'. I wish this for the music industry and hope that the courage and action that now needs to follow the Raising their voices report will provide a basis for an industry that is firmly rooted in equality and respect.

Terry Young (Longman, Liberal National Party) Share this | Link to this | Hansard source

There being no further speakers, the debate is adjourned, and the resumption of the debate will be made an order of the day for the next sitting.

Sitting suspended from 13 : 13 to 1 5 : 59