Under new legislation the federal government plans to clean up workplace behaviour, federal MPs could face penalties of up to 5 percent of their salary, removal from influential parliamentary committees, or suspension from Parliament.
The legislation will establish the Parliamentary Standards Commission, which will significantly increase the consequences for politicians and staff who engage in misconduct.
Introducing the bill to the Parliament Patrik Gorman, Assistant Minister to the Prime Minister said, “Parliament should be the model work place for our nation.”
“This bill will enable enforcement of behaviour codes and standards to improve safety and wellbeing across parliamentary Commonwealth parliamentary workplaces, which is a goal we all share, and hence I commend this bill to the House.”
This move comes in response to the 2021 Set the Standard report, which was initiated after former staffer Brittany Higgins alleged she was raped in a minister’s office.
It recommended the creation of an Independent Parliamentary Standards Commission (IPSC) to investigate misconduct allegations and to recommend and impose sanctions.
The government has allocated $3.8 million (US$2.5 million) to establish the Commission. Upon passage of the legislation, it is expected to begin operations on Oct. 1.
The IPSC will function as an independent body responsible for investigating workplace behaviour and enforcing codes of conduct for parliamentarians, their staff, and other employees in Commonwealth parliamentary workplaces.
These codes will outline behavioural expectations, including the need to promote respectful and inclusive workplaces and strictly prohibit bullying, sexual harassment, assault, and discrimination.
As per the bill, when a complaint is lodged against an MP, one commissioner will make an initial determination. A panel of three commissioners will then review the case.
If the panel rejects the case, the parties may be referred to the Parliamentary Workplace Support Service.
Should an investigation proceed, both the complainant and the accused will have opportunities to respond. The entire process will remain confidential unless there is public interest.
Sanctions recommended by the IPSC against elected officials will likely be made public. The commissioners can decide when and how to release investigation details.
Additionally, under the proposed rules, accused members of the press gallery could be restricted from accessing Parliament and have specific actions recommended to their employers—although such recommendations would not be enforceable. Journalists will not be penalised for reporting leaks or for refusing to reveal confidential sources.
Finance Minister Katy Gallagher emphasised that improving the culture at Parliament House requires a cross-party effort.
“The 2021 Set the Standard report revealed serious issues of bullying, sexual harassment, and sexual assault in parliamentary workplaces. Since coming to government, we’ve worked with the Parliamentary Leadership Taskforce to implement systems that allow for workplace complaints to be raised and ensure accountability for both staff and parliamentarians,” she said.
The IPSC will also have the authority to investigate behavior that may be criminal but its findings will not constitute a determination of criminal guilt. If evidence suggests a serious crime has been committed, the matter would be referred to the police.
For allegations of assault or sexual assault, the IPSC will only proceed with an investigation if the complainant consents.
