Senate debates

Wednesday, 11 November 2020

Questions without Notice

Members of Parliament: Conduct

2:37 pm

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

My question is to the minister representing the Prime Minister, Senator Birmingham. Ever since Four Corners aired on Monday, government members have been referencing the finance department's existing complaints process and implying that it's adequate. But the department's own information in relation to bullying and harassment says:

Where a complaint is substantiated, Finance has no capacity to take disciplinary action against either a Parliamentarian or a MOP(S) Act employee.

Does the minister consider a process that has no disciplinary action is satisfactory to stop sexual harassment and keep women safe in their workplace?

2:38 pm

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Minister for Trade) Share this | | Hansard source

The finance department process is an important process because it is conducted independently, thoroughly and rigorously in terms of the approach that Finance takes. As I said in this chamber yesterday, the process is independent in the manner in which I, for example, as the minister am not informed of the details of complaints that are made, and that's a crucial part of its independence. I'm only aware of the complaint that was referenced in response to Senator Farrell because the complainant herself chose to make the matter public via the media. That underlines and underscores the independence and impartiality of the process. In terms of officials elected to this place, as Senator Waters is well aware, the standards, privileges and procedures in relation to elected officials are unique. It is important that we ensure that there is a process for complaints to be heard and investigated and for assistance to be offered to the individuals concerned through not just those processes but also other processes.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Waters, a supplementary question?

2:39 pm

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

Does the minister agree that any decisions to investigate compliance or take disciplinary action in relation to breaches of the Prime Minister's Statement of Ministerial Standards are at the sole discretion of the Prime Minister, rather than an independent body?

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Minister for Trade) Share this | | Hansard source

The Prime Minister's ministerial code of conduct, which is a very strong code of conduct, is indeed just that—the Prime Minister's ministerial code of conduct.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Waters, a final supplementary question?

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

The Greens' bill for a code of conduct for all parliamentarians, with an independent process for complaints and with penalties, was inquired into, and the big parties said it wasn't needed. Government members said the 'better approach' would be to 'identify gaps', if any, in the existing regime and 'implement measures to address those gaps'. Does the minister agree that the absence of an independent body with the power to take disciplinary action against parliamentarians is a gap? And what are you doing about it?

2:40 pm

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Minister for Trade) Share this | | Hansard source

As I said to Senator Waters yesterday—indeed, I extended the invitation to all members and senators—it is absolutely possible, if anybody wishes to engage with the Department of Finance, to seek a briefing from them about the process in which they conduct their investigations, the way in which those investigations are handled, including the conclusion of those investigations. I am happy to ensure the department facilitates those discussions.