Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Hansard source

I thank senators for their contributions on this bill. As others have said, it has taken some time to get to this point and a lot of work has gone into getting this bill in the shape it is today.

The purpose of the Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Bill 2024 is to establish the Independent Parliamentary Standards Commission. Establishing the IPSC was one of the recommendations made by the Australian Human Rights Commission in its 2021 report of the Independent Review into Commonwealth Parliamentary Workplaces, also known as Set the standard. I join others in acknowledging the fearless work of the team led by Kate Jenkins in putting that report together.

The report set out a framework for action to ensure that Commonwealth parliamentary workplaces are safe and respectful. In doing so, it observed these workplaces should uphold the standing of the parliament as a worthy reflection of the community it serves. That observation is incontestable. It's why, on the first sitting day of 2022, a joint statement of acknowledgement was delivered on behalf of the cross-party Parliamentary Leadership Taskforce declaring that this parliament should serve as a model workplace for our nation, and it's why, in progressive updates on the implementation of the Set the standard report, this place has acknowledged the mistakes of the past and committed to building safe and respectful workplaces. The Parliamentary Leadership Taskforce, chaired by Dr Vivienne Thom—and I thank her and Jenna for the incredible work they have done in helping to steer the Parliamentary Leadership Taskforce—has been working to steer the implementation of the Set the standard report's framework for action. Much has been achieved. There have been real and important improvements in the culture of this place; I strongly believe that.

Last year, the government, working with the PLT and its staff consultation group, progressed legislation to establish the Parliamentary Workplace Support Service. The PWSS, as it is known, commenced its enhanced operations as a statutory agency on 1 October 2023. It provides centralised human resources support to parliamentarians and their staff. The PWSS also provides services to a broader cohort of people who work in the parliament to support a safe and respectful workplace; these are its confidential support service and a complaint resolution service. The PWSS also had an interim function to undertake workplace investigations. This review function will sunset on 1 October 2025. It is intended that the PWSS review function will be replaced by the Independent Parliamentary Standards Commission, which will be established by this bill.

Following the PWSS's successful commencement last year, the government turned its attention to progressing the IPSC. These represent two significant structural reforms to our workplace, and they are historic reforms. As such, we considered that their progression in a staged and orderly way would best integrate these entities into our workplace. That provides some of the background to the reasons and the concerns raised by Senator Waters—I acknowledge them—around the time it's taken to get to the IPSC. Through the work of the Parliamentary Leadership Taskforce and through other discussions, the decision was made—and it was the right one—to concentrate on the PWSS, to get that in place, and ensure we had time to work through all the issues that would be raised through the establishment of an IPSC, which was always going to be the one that was going to be harder to put together and enshrine in legislation.

That is why we took the decision, supported by many of the discussions we had across the parliament, to get this right. This is long-lasting structural reform. Meeting a timeframe that was set down is certainly one path, but doing it properly and having the time to make sure we got it right, that people felt consulted and that we did all the work we needed to do with staff was another reason we split these important works. But these reforms are here for the long term, and I think that was a much more important way of progressing it so that we could hopefully move, once we vote on this bill, with the agreement of all in this place.

Subject to the passage of this legislation, the aim is that the IPSC would commence on 1 October this year. The IPSC's commencement would mean that the separate behaviour codes for parliamentarians and their staff and the behaviour standards for the Commonwealth parliamentary workplaces can be finally adopted. These codes were developed by the Joint Select Committee on Parliamentary Standards. They were endorsed by both houses of the parliament in February last year, pending establishment of the IPSC to enforce them. Together, the behaviour codes and the IPSC are about accountability.

The Set the standard report said that the absence of clear standards of conduct and the absence of consequences for misconduct make the Australian parliament out of step not only with developments in other parliamentary contexts but also with the most basic standards in other Australian workplaces. Consistent with the report, the bill would establish the IPSC as a fair and independent workplace investigations framework. Its role is to be an impartial fact finder. The IPSC commissioners would perform their functions in an independent and impartial way. Where expected standards of conduct have not been upheld, the IPSC will be able to impose or recommend sanctions set out in the bill or make a further referral action in the case of parliamentarians.

If the IPSC finds that a parliamentarian has seriously breached the conduct requirements, there will be a role for the houses of the parliament. The IPSC would refer its findings to the privileges committee, which would then consider the appropriate sanction and report to the relevant houses of parliament with its recommendation. It is appropriate that the houses of parliament make such decisions about disciplining their own members. There is accountability through this mechanism, and a recommendation by the privileges committee will become public. The structure of an IPSC investigation process in the bill aligns with the Set the standard report. Recognising that parliamentarians are elected members of parliament, three commissioners would decide a final report for a parliamentarian respondent; a single commissioner would make that decision for a staff respondent or other worker. The bill also provides an avenue for internal review of decisions. In all cases, a review panel would be constituted by three commissioners. Again, this aligns with the Set the standard report.

Under the bill, the IPSC would be established as part of the PWSS. While its investigation function will be separated from the PWSS's support and complaint resolution roles, the IPSC will still need to work in a complementary way with the PWSS. It is not intended that the IPSC would investigate a complaint that would be better addressed through the PWSS's functions. People who have a workplace issue would be encouraged to contact the PWSS's confidential support service. This should be a front door for help and advice as envisaged by the Set the standard report. The PWSS will be able to provide advice on ways to resolve a complaint; it can also provide wellbeing support. This is a confidential service and available to potential complainants, respondents or others who are involved. If an IPSC workplace investigation would be appropriate, the PWSS could assist a person to make a complaint to the IPSC.

The bill is a product of extensive consultations with members of the Parliamentary Leadership Taskforce and the PLT staff consultation group. A lot of thoughtful and constructive feedback was received. Ranges of views were put forward on various points, and some balancing has been required.

A particular point to emphasise is that it is not the intention of the bill to change existing work health and safety laws. Nothing in the bill requires people who have duties under work health and safety laws to make reports to the IPSC. The IPSC complements existing workplace and safety laws. Importantly, employers in Commonwealth parliamentary workplaces already have obligations and duties under work health and safety laws.

The IPSC provides an additional pathway to take action where appropriate and, because of the many very variabilities that can arise, parliamentarians and staff who are unsure of what to do to meet work, health and safety duty can obtain advice from the PWSS as they can now. As part of this function, the PWSS can assist with advice on whether the referral of an IPSC workplace investigation is an appropriate action. The establishment of the IPSC and the adoption of the behaviour codes will be a very significant and structural change in our workplace. The PWSS also has a function to provide guidance on the behaviour codes. It will roll out education on the codes so that people are aware of their obligations when the codes commence.

Consistent with recommendation 2 of the Joint Select Committee on Parliamentary Standards report, shortly after the IPSC has commenced it is intended that the behaviour codes for parliamentarians and the behaviour standards for Commonwealth parliamentary workplaces would be adopted in the standing orders of each house of parliament. As indicated in the bill, it's proposed that the behaviour code for a parliamentarians' staff would be formalised by a determination under the Members of Parliament Staff Act 1984 to coincide with the commencement of other codes. However, we know that standards in this place are not 'set and forget', and the legislation also sets out that the newly established Parliamentary Joint Committee on Parliamentary Standards would commence a review of the behaviour codes within one year of the first session of each new parliament once the IPSC has commenced. I would say that I expect that, as one of their first items, the Joint Committee on Parliamentary Standards would be looking at how to operationalise the behaviour codes as they have been designed—consider those and make recommendations about any adjustments if needed. If not, great, but I think for the first time there is an opportunity to look at how those behaviour codes can be implemented smoothly.

As I've said before, and many others have also, the parliament is a unique workplace, but it is also one of Australia's most prominent workplaces. It really should set the standard, as the title of the Kate Jenkins report said all those years ago. We've heard from many people who have worked and continue to work in this place. As a government, we've worked steadily and thoroughly to support the implementation of the recommendations of the report. I would like to thank all of the members of the parliamentary leadership taskforce, many of whom sit in this place. There is Senator Hume, Senator Davey, Senator Waters, me and Senator Farrell. On the other side, in the other chamber, there is Ms Lee, Ms Steggall and Ms Claydon—have I forgotten anybody? That group has worked very collegiately to try and ensure that we get the implementation of Set the standard right. I really, genuinely thank everyone for their engagement. It really has been a structure that has improved the legislation but also made sure that we have been accountable to a decision taken in the previous parliament to support and implement all the recommendations of the Set the standard report.

To all of those staff who came forward—to those who have worked here in the past and this workplace hasn't lived up to the expectations that we hold—this parliament has already recorded an apology for that and a commitment to make sure that, as we go forward, this workplace continues to strive to be the best workplace in the country. I would like to thank those who were courageous and took part in the Jenkins report and also through all the staff consultations to date about what needs to happen. These are big changes to our workplace. This is a very traditional workplace in many senses—through federation and decisions taken by people many years ago about how this building operates and the culture that exists within. In my time sitting in parliament, I have seen a noticeable change in the last two years about the expectations of conduct and of the responsibility taken by leaders in this place to make sure not only that we hold each other to account but that we look after the people who work in this building. This should be the best workplace to work in. I acknowledge that it is probably the most unique workplace in the country.

I want to acknowledge all of the people involved: the PLT, the people who have taken part in the consultations, the Jenkins implementation team, who are sitting here today, as well as my staff, Sol and Georgia, who have, of course, been incredible and have been acknowledged in the chamber today for all the work that has gone into this. I think this is a moment when we look back in time and look at how these structures and changes were implemented and see that we have displayed the leadership that was required. We've taken it seriously. We haven't shied away from the challenges set out in the Set the standard report, and we've taken our time so that we could move as one, as a parliament. I strongly believe that that gives the IPSC the strongest chance of being successful, and it is up to us to make sure that that is the case and that it doesn't become something that is used to weaponise or play politics with but is a genuine feature of a workplace that is serious about making sure that, if complaints are made, they are dealt with fairly and with appropriate protections for all involved.

Thanks to everybody for all of the work that has gone into this.

Question agreed to.

Bill read a second time.

(Quorum formed)