Senate debates

Monday, 15 February 2021

Questions without Notice

Members of Parliament: Staff

2:20 pm

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) Share this | | Hansard source

My question is to the Minister representing the Prime Minister, Minister Birmingham. I refer to today's reports of an alleged rape of a young Liberal staffer that happened in this building. The PMO provided support to Minister Reynolds's office in relation to this incident. The government, in a recently issued statement, says that it 'regrets in any way if Ms Higgins felt unsupported through this process'. Ms Higgins has said she did feel unsupported. She was interviewed in the room she was raped in, she didn't access the Employee Assistance Program, she felt she was discouraged from reporting the rape to police and she was shunted from office to office. And no-one in the government or the minister's office has apologised to her yet. Now the minister seems to have a confused recollection of whether she even understood there was a rape allegation that had been disclosed. What action will you take to ensure that her experience is not repeated? When will the safety of women be put ahead of political interests?

2:21 pm

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Minister for Finance) Share this | | Hansard source

I thank Senator Waters for her question. The safety of everybody in any workplace is of paramount importance, especially the safety of women in the workplace and their ability to feel safe and secure in their working environment. Today's reports are deeply distressing. Throughout the entire process, the government's concern was to support Ms Higgins's welfare in whatever way possible. We understand that this matter has now been put under consideration by the Australian Federal Police. It is an important step, and the government has consistently supported that option from the outset. We will await the outcome of that process.

I am advised that, at all times, guidance was sought from Ms Higgins as to how she wished to proceed and to support and respect her decisions. The important best-practice principle—as in the Prime Minister's statement, which you referenced, or the statement that was tabled in the House of Representatives, which you referenced—of empowering Ms Higgins is something the government has sought to follow. I understand Ms Higgins was notified that, should she choose to pursue a complaint, including a complaint to the police, that was within her rights, and she would be assisted and supported through that process.

Senator Waters, you indeed did reference the fact that there are support services available through the Department of Finance for all employees under the Members of Parliament (Staff) Act to access. Of course, where an assault is alleged to have occurred, I would encourage anyone to pursue that with the appropriate police and authorities but also to know, whether an assault or instances of bullying, harassment or otherwise, all employees can access confidential support and counselling through the Employee Assistance Program. That program is there for their support, and the Department of Finance will treat them with respect and confidentiality as they wish.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Order, Senator Birmingham. Senator Waters, a supplementary question?

2:23 pm

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) Share this | | Hansard source

This is at least the third public report of Liberal staffers being assaulted at work, telling their boss about it and feeling like nothing was done to support them. Given the frequency with which these issues arise, what policies does the Liberal Party have regarding how to respond to assault allegations appropriately, and have these policies been reviewed, either in response to earlier allegations by a Ms Potter and a Ms Mani, or in response to the Four Corners report or Ms Higgins's situation? What have you done?

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Minister for Finance) Share this | | Hansard source

Clearly the support services that are available are available to staff of all members of parliament, regardless of the party affiliation of those employing members or senators. That support is available on a comprehensive basis to all and, as I emphasised before, is handled in a confidential manner, where any staff who may feel subject to any type of bullying, harassment or indeed other actions should feel—

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Water, a point of order?

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) Share this | | Hansard source

Yes, a point of order. My question was about Liberal Party policies and whether they've been reviewed. It wasn't about the EAP.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

I think the minister is being directly relevant, because the question was quite long for a supplementary question and I think the minister is directly addressing the subject matter raised. You've restated your preferred part of the question. I'll call the minister to continue.

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Minister for Finance) Share this | | Hansard source

As I was saying, those processes apply to everybody, and all staff in the building should have confidence that their steps are completed with utmost confidentiality, including, of course, that I as the minister, or any other politician, would not be informed of such engagement, unless it was at the wish of the staff member involved. In relation to individual political parties, the Liberal Party has indeed updated codes in recent times—

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Order, Senator Birmingham. Senator Waters, a final supplementary question?

2:25 pm

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) Share this | | Hansard source

This building is a high-risk workplace. Ms Brittany Higgins said, of the sight of the Prime Minister standing next to Young Australian of the Year Grace Tame, herself a survivor of sexual assault:

He's standing next to a woman who has campaigned for 'Let Her Speak' and yet in my mind his government was complicit in silencing me. It was a betrayal. It was a lie.

Would you support requesting the Sex Discrimination Commissioner to undertake a culture review of Parliament House to recommend ways of keeping staff safe?

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Minister for Finance) Share this | | Hansard source

As I said, the importance of staff safety is paramount. It is crucial that we ensure that the processes that are available to staff are thorough. Certainly as minister in this space I am committed to working with the Department of Finance to ensure that staff can have confidence in those processes and procedures and make use of them.

2:26 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

My question is also to the Minister for Defence, Senator Reynolds. I give the minister the opportunity to respond to the question she declined to answer earlier, as follows: can the minister assure the Senate that neither she, her staff, nor any of the Prime Minister's staff said or did anything which may have encouraged, implicitly or explicitly, her former staff member not to pursue the incident with police?

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party, Minister for Defence) Share this | | Hansard source

As I said in my first answer, my first and only concern was for the welfare of my staff member. I received and took all appropriate advice from Ministerial and Parliamentary Services, and all of that information was communicated to my former staff member at the time. It was actually me who suggested that she might like to consider talking to the Australian Federal Police, and it was actually me who facilitated the first meeting with the Australian Federal Police, with an appropriately qualified officer. The process from there was a matter between my staff member and the AFP, appropriately so.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Wong, a supplementary question?

2:27 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

In the statement the government has issued today, to which the minister has referred, it is asserted:

Minister Reynolds stated to Ms Higgins that … there would be no impact on her career.

Can the minister advise when and how she made that statement, or those statements, and what guarantees were given by the minister to Ms Higgins to assure her there would be no impact on her career?

2:28 pm

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party, Minister for Defence) Share this | | Hansard source

As I have said all the way through this process, I was at pains to make sure that my staff member understood the support that was available to her and that my chief of staff and I were there for her, whatever decisions she should make. She continued in my office until the election, and then she went voluntarily and took a job—a promotion, I understand—in Senator Cash's office. So we did everything we could to make sure that she had a choice in what she did, as she did. She remained in my office and then went to another office—on a promotion, as I understand it.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Wong, a final supplementary question?

2:29 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

What steps did this minister take to ensure that Ms Higgins was confident that her career with the Liberal Party would not be negatively impacted by a decision to make a complaint to the police?

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party, Minister for Defence) Share this | | Hansard source

I think I've answered that a couple of times. My primary responsibility, and my only concern, was for the welfare of my staff member. All advice was taken, and that was communicated on multiple occasions to my staff member. I made it clear that, whatever decision she took, it had to be her decision, which is very important. There was no indication from me at all that her job was at risk. In fact, as I said, it was my suggestion to her that she consider talking to the Australian Federal Police, and I facilitated that first meeting to ensure that she understood that she had that option available to her. Indeed, since that time she continued to work for me, and she's continued to work for Senator Cash, in a promotion.