Senate debates

Thursday, 25 February 2021

Questions without Notice

Sexual Harassment

2:24 pm

Photo of Jenny McAllisterJenny McAllister (NSW, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

My question is to the Minister for Women, Senator Payne. The Respect@Work report was delivered almost a year ago. In his speech at the International Women's Day breakfast this morning, Mr Morrison said:

My hope is that we will live in a society where we can truly say that women are respected … because from the disrespect of women … all the other challenges flow … It all starts with the failure of respect for women.

Can the minister explain why the Attorney-General, Mr Porter, has sat on the Respect@Work report for almost a year without implementing a single substantive legislative recommendation?

2:25 pm

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

Just to clarify, Senator McAllister, I believe you asked me as Minister for Women, but I do also represent the Attorney-General in this place. As the senator has indicated, this government commissioned the Respect@Work report into sexual harassment in Australian workplaces, which, as the senator has indicated, was tabled by the government last year.

Sexual harassment in Australian workplaces, which, of course, has been, in its most appalling representation, the subject of significant discussion in this place in the last weeks, is an issue that can affect any workplace. So the report by the Sex Discrimination Commissioner and her team is a very important report, which needs, we believe, a unified national response from all Australian governments as well as from employers and industry. As part of the last budget, 2020-21, including in the 2020 Women's economic security statement, the government announced $2.1 million over three years to provide practical support to employers and employees to prevent and address sexual harassment in Australian workplaces. That funding will contribute towards the implementation of key recommendations from the AHRC's landmark report, and that includes the council itself, which will be led by Sex Discrimination Commissioner Kate Jenkins. It will bring together existing leaders from bodies with a role in preventing and responding to workplace sexual harassment. The council will work to promote safer workplaces and provide high-level advice to the government.

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

Order, Senator Payne. Senator McAllister, on a point of order?

Photo of Jenny McAllisterJenny McAllister (NSW, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

I have been listening to the answer, but my point of order goes to relevance. I asked specifically about the failure to implement any of the substantive legislative recommendations. I'd like the minister to address that part of the question, which was a narrow question.

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

I've allowed you to remind the minister of the question. I think it is in order and being directly relevant for the minister to be discussing other measures the government has taken, and that is an opportunity that can be debated after question time as to the Senate's consideration of those answers.

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

I was referring to the recommendation in relation to the council, which will be led by the Sex Discrimination Commissioner. That funding through the budget will also support the implementation of nine other key recommendations from the report, including the development of the online information platform— (Time expired)

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

Senator McAllister, a supplementary question?

2:28 pm

Photo of Jenny McAllisterJenny McAllister (NSW, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

The Australian Human Rights Commission has recommended the amendment of the Sex Discrimination Act to:

… introduce a positive duty on all employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation …

Will the Morrison government amend the Sex Discrimination Act to reflect this recommendation?

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

The government is, as I was saying, considering the recommendations of the report. It was a very wide-ranging report, and deliberately so. It considered matters that are relevant to business, to industry, to independent agencies, to education providers, to state and territory governments, and to the Commonwealth. I referred to the online information platform, which is recommendation 48. Recommendations 9, 34, 36, 37, 40, and 52 concerning the package of training and education resources—

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

Senator McAllister, on a point of order?

Photo of Jenny McAllisterJenny McAllister (NSW, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

Yes, my point of order is relevance. The question went to a specific recommendation made by the Australian Human Rights Commission. I asked the minister, 'Will the government be implementing that recommendation?' I did not ask about the other recommendations in the report.

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

You've reminded the minister of the question. Again, I remind ministers that, where there is a very specific question, and I do consider this question relatively specific in nature, referring to a recommendation—I believe that was the language I caught—their comments should be addressed to matters that are directly relevant to that particular issue.

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

I believe I still have half of my time available to me to respond to the senator's question. I was referring to those other recommendations and recommendation 2 in relation to a 2022 survey—a specific recommendation to evaluate the effectiveness of these new measures to track levels of sexual harassment. The government is considering the other recommendations, including the one that Senator McAllister has referred to, and will respond in due course.

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

Senator McAllister, a final supplementary question?

2:30 pm

Photo of Jenny McAllisterJenny McAllister (NSW, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

When launching the Respect@work report, the minister said:

… I take these recommendations very seriously and I'm committed to ensuring that sexual harassment is eradicated from workplaces in this country.

A year on, with not a single substantive legislative recommendation implemented, what is the minister doing to deliver on this commitment?

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

I have already alluded to the recommendations in the report that were taken up in the Women's Economic Security Statement in October last year. Those specific recommendations, which I actually don't think Senator McAllister wanted to hear about, are being pursued through that process. I work with the Attorney-General on these matters and I now welcome very much the opportunity to work with my colleague, Senator Stoker, who, as the assistant minister, has specific portfolio responsibility in this area with the Attorney-General. Indeed, we met in this parliamentary sitting to discuss these issues. It's a matter the government takes very seriously. There were, I think, as I said, 55 recommendations in total: 20 for the Commonwealth government, another four that did propose a respect at work council, 12 that are shared between the Commonwealth and state and territory governments, 13 for government agencies and regulators, three for education providers, and three for business and industry. It's a whole-of-government, whole-of-community, whole-of-Australia responsibility, and we are— (Time expired)