Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Hansard source

I rise to speak on the Parliamentary Workplace Support Service Bill 2023, the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Bill 2023 and the Members of Parliament (Staff) Amendment Bill 2023. Everyone deserves to have a safe and respectful workplace. All parties, parliamentarians and staff have a role in improving the parliament's culture. There have been challenges in our workplace, but the legislation before us marks the effort that is being put in to address the challenges.

The coalition take these changes very seriously. It's why we have accepted and implemented the recommendations of the Foster review, including an independent complaint mechanism, workplace training and improved independent support services. It was the former coalition government that established the current Parliamentary Workplace Support Service following the Foster review. These have been concrete changes that have made our workplaces more safe and respectful even before the work to implement the Jenkins review commenced, and we remain committed, as the former government was when it accepted the Jenkins review and committed to working towards all 28 recommendations. The coalition has always sought to find consensus and bipartisanship on the changes to our workplaces. We believe that this building and other Commonwealth parliamentary workplaces, such as the hundreds of electorate offices and Commonwealth parliamentary offices around the country, are workplaces that are in the shared custody of all parties and parliamentarians.

The work to implement these changes is being led by the Parliamentary Leadership Taskforce, which represents parties and parliamentarians from across the parliament. I would like to thank all the members of the Parliamentary Leadership Taskforce, particularly the senators with whom I serve and the other coalition members: Senator Davey and the member for Farrer. I would also like to thank the PLT independent chairs—the former chair, Kerri Hartland, and the current chair, Dr Vivienne Thom—for their work. We are all ably supported by Tegan Johnson and Simon Arnold in the secretariat. Thank you for your continued support on the implementation of these important changes.

The Parliamentary Workplace Support Service that was created under the former government as a result of the Foster review represented the most significant change to our workplace in decades. That service was created to be bespoke to our workplaces. It is confidential, it's independent, it's trusted and it's placed right inside this building. The last thing a person in crisis needs is more bureaucracy. It's taken a no-wrong-door approach to those within our workplaces, who—some in their most vulnerable moments—can speak to a single service and get whatever care and assistance they need. Equally, the body has looked to apply independent due process to the matters that it handles, because everyone should be afforded a process that is trusted and fair.

Many people are to thank for the work undertaken to establish this body and to ensure its success. However, a particular tribute should be paid to the first head of the PWSS, Meg Brighton, who as its first head worked very hard to make sure that it was appropriately staffed, with trauma informed experts, and treated staff and parliamentarians with care and respect. It's a testament to the body that the service has proven itself to the extent that this bill before us will carry on the name of that body. It will be a test of the new body and, of course, of the new CEO that this trust that has been built is treated with respect and continues to be cultivated by the attitude and the approach that it takes.

The legislation before the House responds to recommendation 11 of the Set the standard report on the Independent Review into Commonwealth Parliamentary Workplaces, known colloquially as the Jenkins review. The Jenkins review recommended that the Australian government should establish an Office of Parliamentarian Staffing and Culture within 12 months to provide parliamentarians and to Members of Parliament (Staff) Act employees with human resources support that is centralised and accountable to the parliament, with enforcement of standards, and also designed to provide human resources support and administrative functions in the areas of policy development, training, advice, support and education. What's so important about the implementation of this recommendation is that it will allow for another five recommendations to progress after it.

As has been articulated in the House, the legislation comprises eight separate parts. Part 2 of the bill establishes the PWSS and its functions and obligations in relation to reports and actions against parliamentarians for certain noncompliance. These functions include human resources; support; complaint resolution; policy development; education and training; reviews; reporting on diversity; culture; and work health and safety. The bills also allow for the creation of policies or training that are mandatory for parliamentarians and staff. These policies and training will be made mandatory by the CEO of the PWSS, but only after the CEO has been given agreement by the advisory board, and they will also be disallowable. This provides for an appropriate balance between the independent powers of the PWSS and the necessary oversight of those powers.

Part 3 establishes the chief executive officer and arrangements for the CEO's appointment, conditions and termination. It's important to note that the independence of the CEO is integral to the operation of the powers and functions of the PWSS. The bill is explicit and clear: no parliamentarian will be able to direct the CEO in their duties. Part 4 outlines arrangements for staff, including consultants. It's important the PWSS be staffed by specialists and experts who can assist our workplace in developing best practice. To this end, it's noted that the PWSS will be able to seek external advice and expertise when it's required. Part 5 establishes the PWSS advisory board and its procedures, including membership and members' terms and conditions. Part 6 establishes the PWSS consultative committee, its functions and membership.

Part 7 outlines information-sharing arrangements, for example, between the PWSS and other Commonwealth entities, and in relation to questioning information from parliamentarians and MOPS Act employees. This is an important measure that will assist in the operation of the PWSS, particularly in seeking information for reviews and reports. Finally, part 8 provides for the making of rules and for regular reviews of this new body. It's important to continually assess how the body is performing in its role to support our workplaces.

The Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Bill 2023 provides for some administrative and transitional measures. The first of these is to provide continuity of the current arrangements for the treatment of documents and records of the PWSS. These arrangements exist to support and engender trust and confidentiality in the PWSS and its processes following consultation with staff across the parliament under the former coalition government. The second measure is to remove the determination that established the current PWSS and the final measure will allow for the work of the current PWSS to be transferred to the new body following the closure of the old body.

We note that there has been considerable work undertaken by the government and the minister on these two bills relating to the creation of the PWSS, and I would very much like to thank her for the way that she has engaged with the coalition in developing the legislation. As a result of the ongoing discussions between the coalition and the government, the minister has also circulated three changes in two amendments to the PWSS Bill. The coalition will support these changes, which we have worked with the government to make, in the interests of continued bipartisanship on these matters. The importance of these changes may seem small, but they ensure that the body we create today remains free of politicisation to the extent that it possibly can.

We will have some further questions for the minister on the operation of the bill during the committee stage, to provide clarity for the Senate on the operation of these amendments and the other functions of these bills. I would very much like to thank the minister and her office for the engagement that she's had with us on these matters. It has been greatly appreciated.

Finally, on the Members of Parliament (Staff) Amendment Bill 2023: the opposition supports this bill. As with all matters in relation to staffing and legislation which governs the way in which staff employment is managed, Minister Farrell has provided an approach that has allowed consensus on legislation that provides for the support of the parliament and the operations of parliamentarians and their staff. The opposition thanks the minister and his office for their sincere and genuine engagement in the development of this legislation.

This bill originates from recommendation 18 of the Set the standard: report on the independent review into Commonwealth parliamentary workplaces, the Jenkins review. This recommended a comprehensive review of the operation of the effectiveness of the Members of Parliament (Staff) Act 1994—the MOP(S) Act—to ensure consistency with modern employment frameworks. The MOP(S) Act establishes a framework for parliamentarians and office holders to employ people on behalf of the Commonwealth. This employment currently operates for three categories of staff: personal staff, electorate offices, and consultants. This is done through determinations made through the prime minister or their delegate, nominally the special minister of state. It's important to note that this legislation has been in effect now for 39 years and has not changed in any significant way until the Jenkins review and changes made by the former coalition government.

The review resulted in 15 recommendations, which were agreed in principle by both the government and the opposition. The bill will implement 11 of these recommendations of the review into the MOP(S) Act, and the remaining recommendations will be implemented by the proposed new statutory Parliamentary Workplace Support Service, to be established by the Parliamentary Workplace Support Service Bill 2023. The changes in this bill fall into six categories over four schedules. First, the bill clarifies roles and responsibilities of parliamentarians, office holders and employees, including their obligation under the workplace law. In practice, this bill clarifies the roles of parliamentarians, office holders and the prime minister, and clarifies the responsibilities of parliamentarians, office holders and employees by articulating that parliamentarians are responsible for their workplaces and that they are beholden to various acts, such as the discrimination act. This is an important measure as it improves the relationship between the employment framework and the modern workplace law, noting that the review of the MOP(S) Act stated that the parliamentarian has day-to-day management and decision-making in relation to employees.

Second, the bill will bring the act into line with current practice. It will screen the MOP(S) Act, including by reflecting categories of employment as they are referred to in contracts and agreements, and removing obsolete provisions in the act. These changes define categories of employment that better reflect the categories of employment rather than by who employs them. Third, the bill also enhances the transparency of employment arrangements with a new requirement that the determination of terms and conditions for employment under the act are made publicly available on the federal register of legislation, unless that would impinge on the privacy of individuals. While many determinations are already published on the Department of Finance website, this requirement will ensure that a single and clear source of information for interpreting the conditions created under the act.

Fourth, the bill will include requirements intended to guide decision-making by parliamentarians about employment matters and to support fair outcomes and processes while making significant employment decisions. Fifth, the new provision for temporary suspension of employment will offer an alternative to termination of employment. Suspension could occur with or without pay. Parliamentarians will be required to consult with the new PWSS prior to making a decision to terminate the employment of a staff member or suspend staff without pay. The bill also allows for the PWSS to step in as an employer in circumstances when there is no longer a sitting parliamentarian. Sixth, the bill will make changes to the act's automated termination provisions and clarify the intended operations of these provisions. The measures in this bill will also provide for minor and technical amendments of other acts that refer to it, to ensure that there is a consistency of language across the statutes. There are many items in this bill that were specifically sought by staff, that will increase their job security, particularly for electorate staff of parliamentarians who occupy particular offices such as ministers and party leaders. Lastly, and noting the significant time between the introduction of this act and the current changes, the bill also provides for a further review within five years of the amendments commencing, as was recommended by the MOP(S) Act review.

These three bills mark a significant next step for the implementations of the Jenkins review and the continued work to improve commonwealth parliamentary workplaces. Following these bills, the coalition expects the process to turn to the creation of the independent parliamentary standards commission. We know that there is more work to be done, but the coalition is committed to working with all parties, with Independents and with staff to continue to make our workplaces safer and more respectful for everybody here.