Senate debates

Wednesday, 8 February 2023

Statements

Parliamentary Standards

9:13 am

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

I rise to speak on this very important motion and, before I do, can I acknowledge not just the good work of my colleagues and the entire parliament but that in the gallery we have the President of UN Women Australia, Georgina Williams. I acknowledge the extraordinary work that her organisation does in progressing the causes of women and girls around the country and, indeed, around world.

One year ago, this parliament made an acknowledgement that it could do better, not in an area of particular public policy or in the way that we consider laws but as a workplace. We acknowledged that we have not always done enough and, in many instances, that we have failed. But we also committed to change. Everyone deserves to have a safe and respectful workplace, and all parties have a role in improving the parliament's culture. There have been challenges in our workplace, and there is no doubt about that. We take the necessary changes very seriously. In acknowledging the annual report on the implementation of the Jenkins review, I am pleased to say to the Senate that we are making steady progress. This progress was started under the former government with bipartisanship, and the coalition is committed to making sure that this work remains about making our Commonwealth parliamentary workplace a model workplace for Australia. And it's why we accepted and implemented the recommendations of the Foster review, including an independent complaints mechanism, workplace training and improved independent support services. It's why the former government accepts the Jenkins review and committed to working towards all 28 of the recommendations.

There have been concrete changes. Thanks to the last parliament we now have in place an independent and confidential complaints mechanism for current and former parliamentarians and staff. We have a confidential 24-hour support service for current and former parliamentarians and staff. And we have new training and education programs for all of our staff and parliamentarians to keep our workplaces safe and respectful.

The parliament made a statement of acknowledgement. The parliament has established the Parliamentary Leadership Taskforce with representatives from all sides. We passed legislation that ensures that all staff and parliamentarians are covered by age and disability discrimination acts. And thanks to this parliament a review of the Members of Parliament (Staff) Act 1984 has been completed and we have accepted in principle all of the recommendations. The joint committee on the parliamentary standards has delivered draft codes of conduct for our workplaces. The work to implement these changes has been led by the Parliamentary Leadership Taskforce, which represents parties and parliamentarians from across the parliament. We are encouraged by the progress that has occurred in the time since the Jenkins review.

This work has been done in consultation with all parts of our workplaces—parliamentarians, staff, members of parliamentary departments and government departments, the press gallery and external stakeholders. We know that no matter what part of our workplace, no matter what office or what role, you should feel safe and you should feel respected. It is encouraging that all of these groups are contributing and recognising their roles in promoting the need for change.

As Commissioner Jenkins said at the National Press Club on the anniversary of her presenting the review to the former government:

The Parliament committed to all 28 recommendations, and I am inspired by the real action I see there.

…   …   …

… what I hear when I visit Parliament House. Quiet comments, made in passing….before and after meetings… in lifts and corridors… from political staffers, journalists and departmental staff… 'Thank you for the work you're doing. It is making this a better place.'

The work of change is hard, and we need to remember it's painful for those with lived experience. However, with continued action, and vigilance against complacency, I believe our Parliament is well-placed to become the safe, respectful and diverse workplace we need it to be.

There is more work to be done. But the coalition is committed to working with all parties, independents and staff to continue to make our workplaces safer and more respectful for everyone. This parliament should serve as a model workplace for our nation, and only by creating the best workplace will this parliament attract the best people that our country has to offer.

9:17 am

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

I rise to speak in reply to the tabling of the first Parliamentary Leadership Taskforce annual report and the commitment across the chamber to implement codes of conduct for parliamentarians and for staff. One year ago, we stood in this place and acknowledged all those who had been harmed, abused, raped, harassed, bullied, discriminated against or otherwise made to feel unsafe in this place. We recognised the hurt that had occurred, the toxic culture that had allowed it and the bravery of those who had spoken out and forced a change. I said at the time that the acknowledgement was important but words were not enough.

I am very pleased to be able to stand here one year on and report on the progress that has been made and to restate the Greens' commitment to implement the Set the standard recommendations in their entirety. There is still a long way to go, but the momentum is with this change and I am hopeful that parliamentary workplaces can be safe, diverse, inclusive and respectful—the model workplaces that the Australian people expect. The Set the standard report made it clear that two major hurdles to effectively change the culture in this place were the lack of a robust enforceable code of conduct and the lack of an independent complaints mechanism that people could trust would take genuine action against bullies and harassers.

We know that for First Nations people, people of colour, people with disability, the harassment and disrespect experienced in this place or even online when working in parliamentary roles is even worse. Sexism, racism, ableism, homophobia and classism persist, and are even more damaging and dangerous when they intersect. Increasing diversity in this place is crucial but that cannot happen without measures to make this a safe workplace for a more diverse range of people.

I am very pleased that we now have cross-party support for the codes of conduct that I desperately hope will improve behavioural standards in this place. I thank the Joint Committee on Parliamentary Standards, in particular my colleague Senator Faruqi, for their work in developing these codes, and for Senator Faruqi's tireless and successful efforts to strengthen the code, particularly as the only person of colour in the room on that joint committee. Senator Faruqi will speak more about the role that those codes will play. We welcome the amendments to the MOP(S) Act to strengthen staff protections and the independent Parliamentary Workplace Support Service that has been providing sensitive, high-quality support to staff and to which the government has committed to continuing.

Within our own party, the Greens have taken clear steps to confirm our commitment. We have strengthened our internal codes of conduct and complaints mechanisms. We have ensured that MPs and staff undertake regular training to promote First Nations cultural awareness, antiracism and accessibility. We remain committed to achieving diversity and gender equality. This commitment informs our decisions regarding preselection of candidates, election to leadership positions and recruitment. I am proud that we have a party room and a party with strong representation from women and non-binary folk, First Nations and people of colour, LGBTIQ+ community, people from regional areas, young people and people with disability. Our party is stronger as a result of this diversity but even we need to do better.

Ultimately, the test of our success is not whether I feel confident or safe or respected in this workplace; it is whether our staff feel safe and whether parliament is a place where people want to work. It is critical that staff continue to be involved in the reforms to implement the Set the standard recommendations and feel supported to tell us when we are not doing enough. Staff consultation mechanisms are an outstanding issue that all parties need to come to the table on and that the Greens are committed to progressing.

I want to finish by again thanking Commissioner Jenkins for the incredible work that she and her small team did to set out the roadmap for us follow. She will be wrapping up her role as Sex Discrimination Commissioner in just a few months and she deserves to feel deep pride and the gratitude of all of us and all of the folk who work in this place for her role in catalysing the changes that we are seeing. Let's continue to clean up what has been a really toxic and damaging workplace and lets aspire to actually set the standard for the rest of the nation.

9:22 am

Photo of David PocockDavid Pocock (ACT, Independent) Share this | | Hansard source

I warmly welcome today's debate on the Set the standard report. This is clearly something that is not a set-and-forget exercise. This needs to be an ongoing conversation that we revisit. Cultural change is hard. It takes time and continued effort. Twelve months on, it is clear that there has been some progress but there is a lot more work to be done in this area. As the President noted, only six of the 28 recommendations have been implemented in full, so we can continue to crack on with it. As a new parliamentarian, I welcome and reflect on the strong focus on safety that was part of my induction process. I note that the review benefited from 1,723 individual contributions. It was wide ranging and robust, and we need those contributions to continue. We need to continually evaluate how we are progressing on this. As Senator Waters pointed out, the test is not how parliamentarians feel but how staff and everyone else in this building feel.

One of the really important parts of this sort of cultural change when we're talking about sexual harassment is that men need to really step up, be part of this and be advocating. That ties into the broader conversations that we are having in Australia when it comes to family and domestic violence. Men must stand up. At the end of the day, much of this—not all but much of this—is a men's problem. It is some of those deeply ingrained cultural attitudes. They don't serve us. I think we all recognise the need to move beyond them and to have these hard conversations. So I welcome this place beginning to lead on this and to set the standard and to show the country that this is something that is being taken seriously. I really believe that that leadership will have flow-on effects through our communities.

Members of my team were pleased to engage constructively and provide a comprehensive submission to the review of the MOP(S) Act last year. It was disappointing that the findings of that review did not have more ambition when it comes to addressing fundamental issues affecting the wellbeing of our teams in this place—things like ensuring that staffing levels are set independently and through evidence-based decision-making processes.

Of the risk factors identified in the Set the standard report, many are still prevalent here today—power imbalances, gender inequality, lack of accountability, entitlement and exclusion. The Set the standard report's findings around the incidence of sexual harassment were particularly shocking: it found that 54 per cent of the most recent sexual harassment incidents occurred at Parliament House or in the parliamentary precincts and 26 per cent of people sexually harassed in workplaces by a single harasser were harassed by a parliamentarian. While it's really encouraging to see this debate continue, we need to continue to talk about this not just in here but in our offices, between parliamentarians and with our staff. This is something that has to be an ongoing conversation. I really welcome it, and I welcome the leadership that has been shown by senators across the political spectrum on this issue.

9:27 am

Photo of Perin DaveyPerin Davey (NSW, National Party, Shadow Minister for Water) Share this | | Hansard source

I welcome the opportunity to rise and speak on the Set the standard report on behalf of the Nationals. As the Nationals representative on the Parliamentary Leadership Taskforce, I want to thank my colleagues on that task force for coming together and working very constructively to implement the recommendations of the Set the standard report.

I also want to acknowledge the Parliamentary Workplace Support Service for what they have achieved to date. In a very short time frame they have established an office, processes and protocols and commenced an education campaign so that our staff and our parliamentarians understand what the role of the PWSS is and what they're doing. I have already heard good things from people who find comfort in knowing that there are now processes in place and a trusted, confidential complaints handling process that they can use if they need to.

It is an unfortunate truth that all too often it takes an unfortunate incident to actually ignite change. But change is what we all committed to, across party lines. The Nationals sincerely want to work on that change and change for the better for the people who work not just here but also in our electoral offices.

We often hear in this place about the need for family-friendly work hours, which is to be commended, but we also must acknowledge we work in a highly unusual environment where we have people coming together away from their families for lengthy periods of time. So, while nine to five might suit people who live in and around Canberra and its environs, some of us who are travelling hours to get here to work would rather spend the weekends at home with our families. That must be acknowledged.

The Nationals are committed—absolutely committed—to respectful workplaces. Indeed, my branch, the New South Wales Nationals, developed a very comprehensive code of conduct and complaints-handling process well over five years ago which we regularly review. A similar protocol has now been implemented at a federal level. We didn't wait for this place to tell our party that we needed codes of conduct. We were already there, and we continue to commitment to that.

We are also committed to diversity within the Nationals. Indeed, we were the first major political party to ever elect a woman, Mrs Shirley McKerrow OAM, as the federal president of a political party in Australia. Mrs McKerrow tells a wonderful anecdote about when she was invited to meet the Queen. She was introduced as the first female president of a political party, and the Queen said, 'Why do you think that would be?' Well, Mrs McKerrow tells the story that at the time she just sort of shrugged and nodded. Hindsight is a wonderful thing because, as the Queen moved down the line, Mrs McKerrow wished she had said, 'Because I'm probably the first one to put my hand up.' We were also the first federal political party to appoint a female federal director in Cecile Ferguson, who I know personally and admire greatly.

But diversity is not just about gender, not just about religion, not just about race. We must also acknowledge that we need to have diversity of socioeconomic and geographic backgrounds, a diversity of life experience and professional skills. This focus must be nationwide and must apply at local and state levels as well as federally. We always hear about the Canberra bubble. We always hear the accusations of a generic type of person coming into politics—former staffers, former unionists, former lawyers—but it is not true and must not be true. So as we continue to pursue and implement the recommendations of the Set the standard report, I implore people to recognise that diversity is wide-ranging and we must respect all forms of diversity. I commend the report to the chamber.

9:32 am

Photo of Mehreen FaruqiMehreen Faruqi (NSW, Australian Greens) Share this | | Hansard source

I rise to speak to the 2022 annual report from the Parliamentary Leadership Taskforce which provides an update on the implementation of the recommendations by the Sex Discrimination Commissioner, Kate Jenkins, for the report titled Set the standard. From the outset, I want to thank the leadership taskforce, and in particular my colleague and friend Senator Waters, for the important work they are doing.

We can never forget the Jenkins report revealed that a staggering 51 per cent of people working in parliamentary workplaces have experienced at least one incident of bullying, sexual harassment, or actual or attempted sexual assault. One-in-three staffers who participated in the review had been sexually harassed. The highest office in this country should have led the way on workplace safety. Instead, it was revealed to be toxic, cutthroat and hypermasculine; a place where you're expected to develop a thick skin and act like a man. The so-called rough and tumble of politics has real consequences for those of us who don't conform to these expectations.

The report referred directly to discrimination experienced by First Nations people, people of colour, people with disability and LGBTQI+ people. These included daily exclusion, microaggressions, bullying, role segregation and a lack of psychological safety. The under-representation of these cohorts is linked to systemic inequality and creates a conducive environment for bullying, sexual harassment and sexual assault. That is the reason I pushed so hard for the behaviour codes to explicitly prohibit discrimination, including on the grounds of race, age, sex, sexuality, gender identity, disability or religion.

I'm really pleased with the progress made in implementing the Jenkins recommendations. In November the Joint Select Committee on Parliamentary Standards tabled behaviour codes of conduct which apply to parliamentary precincts, parliamentarians and staff. These codes, unanimously agreed by our committee, show that we are serious about stopping unacceptable behaviour in this place, and I'm really glad to see that the behaviour codes are being endorsed by this chamber and the other one today. The codes will set an expectation of how we behave here. How this place changes for the better, though, will depend on our commitment to changing culture. We must keep an eye on each other and call out unacceptable behaviour—like racism, sexism, bullying and intimidation, and also all forms of discrimination—whenever and wherever it happens. I do urge the government to quickly set up the investigative and enforcement mechanisms, to give the codes power to make the change so desperately needed and to hold us all accountable.

I am heartened that other recommendations are also progressing. I particularly acknowledge the excellent work being done by the PWSS, who have already contributed to making parliament safer and more supportive. But there is still so much to do, particularly on diversity. It is great to see that the Parliamentary Leadership Taskforce has ample female representation. But what about diversity? The task force is not representative of this diversity. There is no person of colour or First Nations person on that task force.

Recommendation 9 of the Jenkins report called for a review of the physical infrastructure, policies and practices within parliament, to increase accessibility and inclusion. This must be a priority. The mandatory training recommended by the Joint Select Committee on Parliamentary Standards, including on antiracism, disability discrimination and First Nations cultural awareness, is crucial to challenging an entrenched culture of privilege and power.

While the government has reduced the length of sitting days, in the interests of wellbeing—and that's a good thing—we need to get better at sticking to these changes. Rushed hours motions to extend sitting times till late at night became all too common last year, at the cost of people's wellbeing. They're also not in the interests of carefully considered policymaking. Our parliament should lead the way in creating a decent workplace—one where everyone feels safe, respected and valued; one where people from all walks of life and backgrounds want to come and work.

I want to finish by saying one of the most important things that I feel. I pay tribute to the people who work in this place currently and who did formerly for their courage in speaking up about the broken culture which allowed bullying, harassment, sexual assault and racism to continue. Your courage is causing change for the better.

9:37 am

Photo of Marielle SmithMarielle Smith (SA, Australian Labor Party) Share this | | Hansard source

Twelve months ago, our parliament faced up to some deeply uncomfortable truths, truths which I'm sure shocked some people in this building but which, for far too many people—women, in particular, who work here or have worked here—caused old wounds to sting. These truths, told bravely by staff and former staff and by representatives, sparked change—sparked something significant. And I want to acknowledge their bravery in the work which has led us to this point.

This past year has seen a lot of change, and I want to acknowledge the work of our Minister for Women, as well as the former government and Senators Waters and Faruqi, who have all been working on changing this place or working to create the culture that we know we need to see. This progress is significant, with six recommendations implemented, four implemented in part and 17 in progress and ongoing. I also acknowledge the work of the PWSS, which has also been significant in the short time frame in which they've been operational.

The work on the codes of conduct is momentous. It represents a significant change in this place, and so will the infrastructure that supports them. But cultural change is hard. It is not static. There is no set-and-forget nature to the work ahead of us. Even once every recommendation is implemented, there is no set-and-forget nature for this. As custodians of the culture in this place, it is the responsibility of all of us to continue to work to improve it beyond the work of Set the standard and beyond these recommendations we'll implement.

On this anniversary, I want to particularly acknowledge all of our staff still working in the building and in electorate offices across the country, working to change our nation for the better, full of passion and hope, who we have so badly failed over many, many years. I first walked into this building as a very junior political staffer at the age of 18. I know, and I participated in this review as well. I want every single staffer who participated and who was part of creating this change to be proud of the contribution they have made to the work that we are acknowledging today and the work that is yet to be done. I want to assure every single person working as a staff member in this building that there are many people here, from all political parties, in this chamber and across the hall in the House of the Representatives, who want to reward your courage, your honesty and your bravery with work, action and a change to the culture of this place, which will make you proud.

9:40 am

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I rise to speak on the implementation of the Set the standard report, and I'd like to start by thanking the ministers, leaders and senators who have spoken on this very important topic today. I'd also like to acknowledge those who are speaking similarly in the other place. Today marks one year since the parliament acknowledged the report by Commissioner Kate Jenkins entitled Set the standard, and that is what we've been asked to do—set the standard. We serve in this place in positions of influence. Every parliamentarian works incredibly hard, but to be chosen by the electorate is indeed a privilege. It's up to all of us to set the standard for our colleagues, our staff, those who enter our workplaces and those who participate in our democracy. Speaking here today, I want to address our staff directly. As I've said before, this is your workplace; you deserve nothing less than a completely safe and respectful workplace.

I want to particularly acknowledge the work of my colleagues in this place on the Parliamentary Leadership Taskforce, Senator Gallagher, Senator Hume and Senator Waters, who all worked very hard in that role. I should point out that I was the only male on that task force. I also want to acknowledge those on the Joint Select Committee on Parliamentary Standards and those who contributed to the various reviews, and I acknowledge the Parliamentary Workplace Support Service for its ongoing work and contribution. We have made progress in this place; that should be acknowledged, but there is much more to do, and this government is committed to continuing this work.

9:42 am

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

Section 17 of the final report of the Joint Select Committee on Parliamentary Standards, under 'Complaints under this code', says:

Any attempt to intimidate or victimise a reporter/complainant or to lobby, influence or intimidate the IPSC (its office-holders, staff or contractors) will be treated as a serious and aggravated breach of this code.

I need to raise something very important here—the James Ashby case, which happened under Labor when Gillard was in here. James Ashby was sexually harassed by Peter Slipper, and this went before the courts. Evidence was proven of this sexual harassment. Because they needed Peter Slipper's vote and he was Speaker of the House of RepresentativesAnthony Albanese was up to his neck in it and knew what was happening—Labor gave him an unlimited cheque; they actually funded it. James Ashby, who couldn't afford it, had to walk away from the case. It was proven there that sexual harassment happened, and Labor shut it down. His wasn't the only case; they had paid out two male staffers prior to this. This is on the record. James Ashby and his lawyers have accumulated a $4 million debt to try and defend himself in a sexual harassment case. That is what did happen. Yet it happens in this place, and I saw the politics play out with Brittany Higgins. You have a prime minister sit there in the chamber and offer her an apology. It hadn't even been before the courts. Everyone was accused of it, and nothing has been proven, and still it's denied in the courts—walked away, but a payout is given to her. For what? Taxpayers' money.

This is not fair, and you have not done anything about it. And I will be upfront. I confronted the Liberal Party about paying the expenses of James Ashby, which needs to be done. And I approached the coalition government. They have refused to. My understanding is that the finance department left it up to Senator Cormann to make the decision. Senator Cormann refused. Is it politics? Yet they gave an ex gratia payment to Peter Slipper, and they have given an ex gratia payment to Christian Porter. Looking after your own. But the fact is they haven't done—and since then, I have spoken to the Labor Party about this. I have seen Minister Farrell with regard to this. I have put forward why they should be clearing his debt in light of the fact that Labor were responsible for this. They allowed it to happen. They kept paying Peter Slipper's bills and allowed this to happen, so justice was not done. The evidence was there.

I'm asking the government: be true to your word here in this chamber and pay James Ashby's legal costs, which he's entitled to. Sexual harassment—if you are true to yourself, then be upfront and make that payment to him to clear his name and give him peace of mind, because he went through hell, absolute hell. Even to this day he wears the scars with it. He won't say it himself, but I'm going to say it, because I can in this chamber, on behalf of James Ashby and the people of Australia: Is it because he's male that you don't do anything about it? Is it because you're a man that it makes no difference? This has to come out in the open, and I'm asking you, in good faith, please stand by your word. Please support him. And I'm asking Anthony Albanese: please, as Prime Minister, have some decency and understand what you did to this man at that time, and please make sure that you give him that ex gratia payment.