Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

I, and also on behalf of Senator Faruqi, move:

(1) That the following matter be referred to the Procedure Committee for inquiry and report by 31 March 2025: Whether, in line with recommendation 10 of the report Set the standard: Report on the independent review into Commonwealth parliamentary workplaces (the report), any changes to the language and interpretation of the standing orders are required to:

(a) eliminate language, behaviour, decision-making and practices that are sexist, racist or otherwise exclusionary and discriminatory;

(b) improve safety and respect in the Senate chamber; and

(c) clarify unclear and inconsistent types of behaviour and enforcement of standards.

(2) That for the purposes of this inquiry only:

(a) the committee be authorised to hold public hearings and to move from place to place;

(b) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate or Leader of the Opposition in the Senate, or any minority party or independent senator; and

(c) such participating members may participate in hearings of evidence and deliberations of the committee and have all the rights of members of the committee except that a participating member may not vote on any questions before the committee.

(3) That the Senate directs the committee to:

(a) hold a public hearing for a period of not less than 4 hours;

(b) ensure that a majority of witnesses invited are those adversely impacted by racism, First Peoples and culturally and racially marginalised people;

(c) invite a representative from the Australian Human Rights Commission who has been involved with the report and/or the Mapping government anti-racist programs and policies report to attend as a witness;

(d) consult with Parliamentary Workplace Support Service regarding the conduct of the inquiry; and

(e) ensure that each of the following groupings is allowed at least 45 minutes to question witnesses at the hearing:

(i) Australian Greens senators, and

(ii) independent senators.

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

I seek leave to move an amendment to the motion.

Leave granted.

I move:

Omit paragraphs (2) and (3), substitute:

(2) That the Senate—

(a) notes that:

(i) successive governments, working across the Parliament, have taken strong action to implement all 28 recommendations of Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces (Set the Standard report) which was tabled on 30 November 2021,

(ii) the Government and the Parliament have taken action to implement all recommendations of the Set the Standard report, working through the Parliamentary Leadership Taskforce, and recommendations from the report are now all ongoing or completed, with a review to take place 18 months after the commencement of the Parliamentary Workplace Support Service,

(iii) the President referred an inquiry into recommendation 10 of the Set the Standard report to the Procedure Committee in October 2022,

(iv) the Procedure Committee presented its report in response to this referral on 12 September 2023,

(v) the Senate unanimously adopted the Behaviour Standards and Codes of Conduct for Parliamentarians and MOPS Act Staff on 10 October 2024, which commenced on 14 October 2024,

(vi) specifically, the Behaviour Standards require that people 'uphold laws that support safe and respectful workplaces, including

anti-discrimination, employment, work health and safety and criminal laws' and state that 'bullying, harassment, sexual harassment or assault, or discrimination in any form, including on the grounds of race, age, sex, sexuality, gender identity, disability, or religion will not be tolerated, condoned or ignored', and

(vii) the Parliament established a Parliamentary Joint Committee on Parliamentary Standards on 10 October 2024;

(b) reaffirms that all parliamentarians have a role to play in upholding appropriate standards of behaviour in the Parliament, including those outlined in the Behaviour Standards for Commonwealth Parliamentary Workplaces.

Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

I seek leave to make a one-minute statement.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

Leave is granted.

Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

The Greens will be opposing the government's amendment, because here we are again, wanting the procedure committee to look specifically into racism, to include black and brown people of colour in that inquiry and to have a hearing and actually listen to those voices.

I know that all this that you have noted in your amendment has happened, but that hasn't changed a thing. You can laugh away at this because, for you all, it's a laughing matter, but, for some of us in here and many of us out there, racism is not a laughing matter. If you are serious about tackling racism, then why are you amending this motion? What are you afraid of? Listen to what people in here and out there have to say about racism in this chamber.

Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

The coalition supports the amendment moved by the government; however, it's important to note, as the government has, that, with the Procedure Committee review of the standing orders, consistent with recommendation 10 of the Set the standard report and its second report of 2023, the coalition maintains the view that the current language of the standing orders and the practices of the Senate in applying the President's rulings are sufficiently flexible to enable that framework to cover matters identified in the report. The parliament established the Independent Parliamentary Standards Commission, which will enforce the behaviour codes for parliamentarians and for MOP staff. In addition, the Senate Privileges Committee was given additional functions where the IPSC refers a serious breach finding, and the Senate standing orders were amended to approve standards of behaviour and behaviour codes. The Senate and indeed the parliament are currently implementing these significant reforms to improve workplace behaviour and culture, and the coalition remains committed to ensuring this important work continues.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

I seek leave to make a one-minute statement.

Leave granted.

I'm not surprised, as a blak sovereign woman in this place who has experienced racism since I walked in the door, about this ongoing denial when we call out racism. You get together and go, 'How can we make this white?' Not 'right'—'How can we make this white?' And that's what youse have done. You've shut down two black and brown women in this place who've said: 'We want to deal with racism. Can you assist us please, Senate?' And you two get together and talk about how much whiter you can make this place and how unsafe you're going to continue to make this place. We've called this out because we don't feel safe. For the two speakers of your parties—both white—to deny our right, shame on you both!

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The question is that the motion moved by Senator Thorpe and Senator Faruqi be amended.

A division having been called and the bells being rung—

Senator Thorpe, please, there's ample opportunity for you to express yourself in other parts of the day.

Senator Thorpe, please, it's a division, and soon the tellers are going to need to concentrate.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

(In division) We've got the native police sitting there. Shame!

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

Can we hold the count for a moment. Senator Wong?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

(In division) A point of order: Senator Thorpe should withdraw that. Senator Thorpe, you're the one that speaks about safety and respect in the chamber. That comment is neither—

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

(In division) I don't actually have any for her.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

(In division) I am speaking, actually.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

Senator Thorpe, show the Leader of the Government in the Senate some respect and allow her to speak. Minister.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

(In division) Senator Thorpe should withdraw what she said previously. I don't care about me but I do care about the comment which was directed at First Nations senators on our side. She should withdraw it. She speaks of respect and safety in this place. She should show some.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

Senator Thorpe, on the representations of the minister—and I did hear the comment—I have to ask you to withdraw.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

(In division) What's wrong with 'native police'? I'll say it every time.

Sue Lines (President) Share this | Link to this | Hansard source

I'll give you an opportunity to withdraw, otherwise I'll have to refer it to the President at the conclusion of the division.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

(In division) Refer it to the President.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

I advise you, Senator Thorpe, of the last asking. I'll ask you to withdraw, otherwise I'll refer it to the President.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

(In division) I'm not withdrawing.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

Please proceed with the count.

Original question, as amended, agreed to.