Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Bill 2024

10 September 2024

I rise today to support the original content of the Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Bill 2024 to establish an Independent Parliamentary Standards Commission, or IPSC. The bill represents a critical step towards enhancing the integrity and accountability of our parliament.

In 2021, reports of bullying, sexual harassment and sexual assault in our parliament justly shocked the nation. It highlighted the need for urgent reform to ensure that all Commonwealth parliamentary workplaces are safe and respectful places to work, and it resonated with the community as well. Indeed, tens of thousands of people took part in marches for justice, as they were known—rallies right across Australia calling for an end to gender-based violence and workplace harassment. The public were demanding change, as were voices from all parts of the parliamentary ecosystem. These demands culminated in the Australian Human Rights Commission being engaged to conduct an independent review into Commonwealth parliamentary workplaces or CPWs. Led by the Sex Discrimination Commissioner Kate Jenkins, this review lifted a lid on parliamentary misconduct and found one in three people surveyed across the federal parliament reported being sexually harassed on the job.

The review uncovered some shocking discoveries. For example, 51 per cent of those surveyed for the review had experienced at least one incident of bullying, harassment, or actual or attempted sexual assault in a Commonwealth parliamentary workplace. Some 1,723 individuals added their voice to the review, as well as 33 organisations and collectives. This included 935 survey responses, 490 interviews, 302 written submissions and 11 focus groups. I won't read the testimonies from that report, because I have gone to some of that in previous speeches, but it is very sobering reading, and all members of this parliament should take the time to read that report again. Suffice it to say, much of that testimony was genuinely heartbreaking, some of it was infuriating, and some of it was just downright disgusting, and we should never lose sight of that.

The 2021 report of the review, entitled Set the standard, was a thorough and far-reaching review. It made 28 recommendations for improving safety and culture in our workplaces, including an expansion of the Parliamentary Workplace Support Service; the establishment of a Joint Select Committee on Parliamentary Standards to inquire into and report on matters relating to the development of codes of conduct; and the establishment of an Independent Parliamentary Standards Commission, with responsibility for enforcing the codes of conduct—and that's the bill before us today.

As part of Labor's statement of acknowledgement to the parliament back in 2022, the government committed to implementing all recommendations of the report. While there are some people who want to see more, and there are some people who don't want this to see the light of day, I've got to say, as somebody who's been in this parliament for 11 years now, that 11 years ago it would have been unimaginable that this bill would have even been before the House—and I'll come back to that a little bit later. But, as infuriating and as slow as change can be at times, we have to recognise that these are all very important steps we make on a journey that we all have to collectively sign up to.

In February 2022, I was very privileged to be appointed the chair of the Joint Select Committee on Parliamentary Standards, which brought together a group of 11 parliamentarians from right across the political spectrum, from the Senate and the House. I want to acknowledge the work and contribution of the member for North Sydney and, indeed, her speech earlier, and I want to acknowledge the members from this House, the members for Lalor, Bean, Calwell and Forrest, and the senators that joined us. This committee was quite exceptional in its work. Seldom is a parliamentary committee asked to draft legislation or codes of conduct, as the case might be, for the work that was before us. We were asked to draft three codes of conduct—one that was specifically for parliamentarians, one for parliamentarians' staff, and one for all other occupants of, and people who come in and out of, Commonwealth parliamentary workplaces.

The need and, indeed, the public expectation for codes of conduct was not new. In fact, this House has debated this issue for more than 50 years. We've been considering these codes. They have come before the parliament on four separate occasions, and previous parliaments were spectacularly unsuccessful in bedding down some codes of conduct. So to have them introduced is an incredible achievement for this 47th Parliament. I acknowledge the hard work of all members of that committee. As I said, this had been a longstanding failure of successive parliaments, where codes focused on conflicts of interest and broader ethical concerns rather than ensuring safe and respectful workplaces. All of those other codes of conduct did not see the light of day.

We wanted the codes to be part of a suite of reforms that created long-lasting cultural change in Commonwealth workplaces. The draft codes underwent extensive consultation with parliamentarians and their staff, parliamentary department employees, public servants, the press gallery, lobbyists, and other people that work in or visit our workplaces. The committee conducted staff surveys, considered submissions, consulted with expert stakeholders, held public and private hearings, and considered codes of conduct in similar, comparable jurisdictions such as the British parliament. We chose to collectively call them behaviour codes instead of codes of conduct because we wanted them to reflect the standard of behaviours that we expect in our workplace.

The committee eventually produced a consensus report, making 16 recommendations and including three draft behaviour codes—one, as I said, for parliamentarians, one for our staff and one for all other people entering and working in Commonwealth workplaces. Included in the recommendations were the development of guidance materials for those codes as well, the frameworks for continued review and monitoring, support for a body to apply sanctions for breaches of the codes, and for both houses of parliament to adopt interim codes ahead of the development of this sanctioning body. The draft behaviour codes have since been endorsed by all political parties and Independents both in the House and the Senate. The power and strength that comes from that collective action should not be underestimated. This is an Australian first. I look forward to them being adopted by both houses of parliament following the passage of this bill. There will be nobody in this House happier than myself, other than perhaps the member for North Sydney and everybody else who toiled on these behaviour codes.

The committee were constantly cognisant that the codes would be worth nothing without the independent enforcement regime. Witnesses to the committee's inquiry were most vocal in declaring that the codes of conduct were not worth the paper they were written on if there weren't a strong, independent enforcement regime to accompany them. This bill will establish that enforcement regime which is the next piece of the parliamentary cultural reform work. This is serious, hard work, but this IPSC will act as a fair and independent workplace investigatory body to handle complaints, make findings about misconduct, and make recommendations on sanctions for parliamentarians, staff and others who breach codes of conduct. It will have the power to investigate genuine complaints, to impose sanctions and to recommend reforms. It will not replace parliamentary privilege—it will work with the privileges committee where necessary—nor will the IPSC be an avenue for vexatious or malicious complaints or political pointscoring. The IPSC's independence from political pressure will be crucial. Decisions will be made based on principles of fairness and justice, not partisanship.

The bill outlines a clear and transparent process for handling grievances and disciplinary actions by establishing rigorous procedures and open channels for reporting and addressing misconduct. The commission will foster a culture of responsibility and ethical conduct within our system. The expanded Parliamentary Workplace Support Service, whom building occupants now know and trust, will remain the front door for people who have a workplace complaint. The IPSC will be located within the PWSS and will share some resourcing but will otherwise operate independently, and that is important. That means that if you have a complaint, you can go to the PWSS, like you currently can, and they will give advice on how it can be resolved, including whether it would be appropriate to be handled and investigated by the IPSC. If it is determined that an investigation is needed by the IPSC, the process will be rigorous, conducted by the independent expert commissioners and in accordance with the legislation before this House today.

Importantly, this legislation also allows for oversight and review. I say that to all those that have reservations, whether they're people who are very anxious about having any form of independent oversight or those that would wish to see even further requirements for greater independence. This is a process that we embark on now with, I hope and expect, the full support of everybody in this House. Notwithstanding some reservations that have been articulated, I believe there will be support for this bill from every single one of the 151 members of this House. That's an important signal to send to us all. This is a body that has a review mechanism in place, and it will be important to ensure that this is in fact delivering everything we want and need an independent body to be able to do. This legislation, as I said, will allow for that oversight and review, and I expect that that will be conducted in a very rigorous manner.

It will also establish a Joint Committee on Parliamentary Standards to reform a whole range of important functions: recommendations about the appointment of commissioners, reviewing the behaviour codes, monitoring and reviewing the performance of commissioners, and reporting on any matters connected with the performance and function of the IPSC and its commissioners.

Just like the way we drafted those behaviour codes, where we sought to reach consensus on that, I don't for one moment suggest that they should be set in stone, that they are perfect. They too will be subject to a review. This is important work. What we do in 2024 might not necessarily hold in 2034. I expect to see change in these. I expect to see a process of continuous improvement and best practice always applied to this House.

This is much-needed legislation, it is long-awaited legislation and it offers so many benefits to our parliament. There will be the enhanced accountability. There will be consistency in standards. There will be protection against political influence through independence to ensure that the investigations and decisions that are made are based on evidence rather than political interests. It will bring us improved public confidence by demonstrating a commitment to high ethical standards and transparency in the nation's parliament. It will bring effective oversight through the ability to investigate complaints, enforce rules and recommend sanctions or reforms. It will promote ethical behaviour by acting as a deterrent against unethical behaviour and encouraging a culture of integrity. And it will bring objective decision-making based on objective assessments and established criteria, rather than influence by external pressures or internal biases.

The Jenkins report gifted us, through very difficult circumstances, an opportunity to transform Commonwealth parliamentary workplaces to become what they already should be—workplaces where expected standards of behaviour are modelled, championed, and enforced, where respectful behaviour is rewarded and in which any Australian, no matter their race, gender, sexual orientation, disability status, or age, feel safe and welcome to contribute.

I also just want to acknowledge the work of Senator Katy Gallagher. We need to set the standard. I urge all members to support this bill.