NEW LAWS FOR AUSTRALIA’S PARLIAMENTARIANS

In laws tabled in the Commonwealth Parliament last week, politicians could be fined for misbehaving, for example sexually harassing, assaulting, or bullying staff. 

Under the legislation, an independent workplace body would be established to enforce behaviour codes for MPs and Senators. The proposal was included in a 2021 Workplace Review, which followed the alleged rape of former Liberal staffer Brittany Higgins in Parliament House. The Review was commissioned by the then Coalition government and was undertaken by Kate Jenkins, the Sex Discrimination Commissioner. 

Over 1,700 parliamentary workers contributed to the ‘Set the Standard’ review, which found that over half of the respondents had experienced at least one incident of bullying, sexual harassment or ‘actual or attempted sexual assault’.  

It identified gender inequality, a lack of accountability, and a lack of diversity as key contributors to the workplace culture in Parliament and made 28 recommendations to introduce new workplace standards. 

The review recommended an ‘Independent Parliamentary Standards Commission’ (IPSC) be launched, to investigate misconduct complaints, and act as an impartial investigator, while the Parliamentary Workplace Support Service (PWSS, an HR agency) would provide support services for anyone who makes a complaint. 

The review called for the initiative to be established within 12 months of the November 2021. On 21 August, the Government introduced legislation to launch the IPSC, which will have powers to investigate complaints against MPs, Senators, and political staffers.  

Under the legislation, the IPSC will be an independent workplace investigation and sanctions framework that will enforce behaviour codes for Parliamentarians, MOPS staff and other people who work in Commonwealth parliamentary workplaces. Politicians will be able to be fined (between 2-5% of their annual pay) or penalised (suspended from Parliament; removed from Parliamentary Committees) for misbehaving.  
Sources: The Daily Aus; OHS Alert. Read more: Senator Gallagher media release New Independent Parliamentary Standards Commission; On the Australian Human Rights Commission website Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces (2021) 

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