Senate debates

Monday, 15 March 2021

Questions without Notice: Take Note of Answers

March 4 Justice, Members of Parliament: Staff, Attorney-General

3:36 pm

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

I move:

That the Senate take note of the answers given by the Minister for Foreign Affairs and Minister for Women (Senator Payne) and the Minister for Finance (Senator Birmingham) to questions without notice asked by Senators Wong, Gallagher and Walsh relating to the treatment of women.

Today more than 100,000 women and men attended rallies in 36 different locations across the country. My mum was one of them. She attended a march in Lismore. My mum has been waiting for a long time. She sang along to Helen Reddy's anthem 'I am woman' in the 1970s. I won't say that I didn't tear up a little when I arrived at the march on the lawns here and heard that song being played. I realised how long so many Australian women have waited for equality and have waited to be heard. Women of all generations are tired of not being listened to. They are frustrated that, after decades of fighting for equality, we are still facing the same problems and are still hearing the same stories again and again.

We have had enough of sexism. We have had enough of sexual harassment. We have had enough of violence against women and their children. We have had enough of sexual assault. We have had enough of rape. We have had enough of not being safe or valued in our workplaces. We have had enough of inequality and discrimination. Women today were saying that they will no longer be silent and will no longer be silenced.

One in five women over the age of 15 has experienced sexual assault. Over the last five years, 40 per cent of women have experienced sexual harassment at work. Ms Brittany Higgins appeared today and gave a brave speech to a crowd who wanted to hear her voice. She said, 'To see real progress we must seek it out.' She made the point that time is on the side of perpetrators because the status quo is the friend of the perpetrators. While there is no action, no progress, no urgency and no ambition there are no costs and no consequences to the perpetrators all across Australian workplaces.

The frustration and the anger that so many Australian women are feeling right now is because we have been fighting for equality and for respect for a very long time. It would be good to know that there is a government that is listening, a government that's capable of approaching the task of reform, change and progress with ambition and urgency.

As a government in its eighth year, there has been plenty of time and plenty of opportunities for this government to take that project on. This is a government that inherited the first-ever National Plan to Reduce Violence against Women and their Children, established under Prime Minister Gillard. But it was a Labor project left languishing for the entire period of this government. When I was appointed to this portfolio, I sought through estimates to find out what was happening with the initiatives in this plan. It took months—months and months and months—to get an update. It was unclear who was in charge of the national plan. Was it Senator Ruston? Was it Senator Payne? They didn't seem to know; certainly, no-one in the department even had a spreadsheet that could be provided easily to a senator asking questions about implementation of this national document to tackle violence against women and children.

There is no urgency, there is no commitment and there appears to be very little interest in these issues from this government, universally. It's not surprising to me that the level of curiosity about the claims being made on government today is so low—so low that the Prime Minister and the Minister for Women couldn't even do these marchers the courtesy of going down to the lawns and listening with respect; listening to the victims and survivors who once again told their stories and talked about what it meant to them to have been silenced but now to speak.

I don't understand why the Prime Minister didn't attend that march and I don't understand why Minister Payne sat in this chamber. I simply don't understand it, but I will say this: Australian women are saying that enough is enough and that we expect more.

3:41 pm

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | | Hansard source

Firstly, I acknowledge Senator McAllister's contribution. It was impossible not to feel the passion of her address and also the pride which she had for her mother attending the march in Lismore. I do acknowledge that deeply.

I think we need to be fair to Minister Payne. I was actually in this chamber, giving a speech in relation to the bill on academic freedom and freedom of speech, and Minister Payne was actually attending the chamber, discharging her duties as a minister of this government. Whilst I have heard reflections cast upon senators for not being in this place at certain times, which is considered disorderly, I must say that this is the first time I've heard reflections being cast on a senator for actually being in this place and doing their job.

I've known Senator Payne for over 30 years. She is an extraordinarily decent person who cares deeply about these issues. I think that anyone who, with a fair and reasonable mind, looked at Senator Payne's background, her advocacy on these issues and other issues of great social consequence could not come to a conclusion other than the fact that Senator Payne is extraordinarily sincere and committed to doing what can be done in relation to addressing the issues raised by Senator McAllister. Certainly, in the context of budget estimates, I've admired how Senator Payne, wearing her Minister for Women hat, has addressed issues and questions which have been put to her by members from all parties in relation to the discharge of her ministerial responsibilities. In particular, I congratulate the minister with respect to her dedication to promoting the cause of women across the Pacific region.

In relation to the accusation levelled at our Prime Minister that he could not make time to meet the people who convened in their march on this place: I think it's important that we quote what the Prime Minister has said in relation to that matter and that it's on the public record. To quote the Prime Minister:

I haven't had a habit of going out to do any marches when they've come to Canberra … But I'm very happy to receive a delegation and I'll respectfully receive that, as I'm sure they will respectfully engage with me.

The reality is the Prime Minister has adopted a course of conduct where he does not engage outside the parliament with marchers, whatever the cause, but he made a sincere invitation to a delegation to come and meet with him, and also with Senator Payne, in relation to the matters of concern. I think that's a fair and reasonable position for our Prime Minister to adopt.

There have been some other comments made during the course of this debate which I think senators need to carefully reflect upon. Certainly comments in relation to the Attorney-General and the description with respect to the call for independent inquiries into the matters that were the subject of a criminal investigation, which has been closed, I think bear extraordinarily close scrutiny. The fact of the matter is—and this is my view and certainly the view of other members of my legal profession whom I've discussed this with—it would be extraordinarily problematic to embark on an independent inquiry, the heart of which goes to matters which were the subject of a criminal complaint. That is simply a reality of the situation. It is problematic, and I think those opposite should at least acknowledge the fact that these are extraordinarily difficult issues and that there is a legitimate view that having an independent inquiry into matters which have been the subject of a criminal investigation which has closed, especially when the allegations are more than three decades old, is a difficult proposition. That certainly has been argued by such eminent lawyers as Arthur Moses SC, who was president of the New South Wales Bar Association and the Australian Law Council.

3:46 pm

Photo of Deborah O'NeillDeborah O'Neill (NSW, Australian Labor Party) Share this | | Hansard source

My heart is fairly beating out of my chest at this point in time. I've got four minutes and 52 seconds to make some comments about what's going on here today. And I can tell you it is nowhere near enough time to put on the record the disgrace of what has happened in this parliament and what has happened around this country for far too long. There were questions asked today—and I accept that Senate Scarr's doing his job of trying to defend his government, but it is hard to accept when you defend the indefensible.

Today we heard from Minister Payne, who should be standing up for women, who should be standing up with women today, outside this parliament—thousands and thousands of us across the country, with good men—and saying, 'Enough is enough. It's time for change,' and she chose to be in here, instead of with the Australian people. That is an indication of how out of touch this government is with the reality of what's happening to women. I've been in this chamber and I've spoken about sexual harassment that's going on in businesses across this country. I spoke for AMP Annie, whose voice was robbed of her. We're sick and tired of our voices being taken by people and silenced in the platitudinous words that we heard today from those who dared to stand and say, 'We didn't go outside, because they didn't want to meet us on our terms.' That's what the government said today. That's what Senator Payne said. That's what the Prime Minister said. 'They would not meet me on my terms inside this place where I have overseen rape.' They won't acknowledge that adequately. And today they showed that they are not up for the change that is needed to rid us of this cancer—the cancer in this building and across this nation.

Today Michele O'Neil, a fine Australian unionist—a union is a very, very powerful part of democracy, and this union is led by two remarkable women—commenced her speech and spoke about the pad foot, the sound of men's feet approaching as a young girl lies under the covers. I was reminded of what it was like when I was 10 years old and I was at a party and I heard that sound. Thank God I had enough education from my parents to be aware of it and to get up and get out of the way of sexual assault—as a 10-year-old! Let me tell you what's gone on for me in the last few weeks, like all these women across the country. I thought I'd packaged up a lot of the rubbish that I've had to take from men. I thought I'd put a lot of it away, in the boxes where I leave it littered behind me. I thought it was gone. But so much of it has come up, and this is what's happening to women across this country. It is a deep, wild and angry rage.

I've had men in this parliament—parliamentarians—yell out at me, as I'm walking along the corridor, 'Hey, sexy legs, how's it going!' When did that get sanctioned? When is that okay? It's never okay—Senator Scarr, you're right—and there are decent men. But there are too many who are not decent, and there are too many leading this government, both men and women, who are in the business of shutting this thing down, of silencing women. Well, we will not be silenced.

I've got one minute and 24 seconds. Do you want to hear more about what it's like, from the age of 12 or 13, when your breasts start to grow, to have men want to grope you? Do you want to hear what it's like to be in a workplace where, because you're a woman, you're fair game for any comment, any day, and where you learn to laugh it off with the blokes, because that's the only way you're considered tough enough for an Australian workplace? Well, that is not good enough. I will not stand for it. Women of Australia will not stand for this any longer. It's got to be done.

I can hear, from the very quiet, careful and controlled comments from Senator Birmingham, that this government is going to hide behind the words 'due process', 'procedures', 'strategies' and 'planning'. Well, we've heard all that before. We've heard it over and over and over, and it's not enough. It was never enough. It's not going to be enough. It's time for wholesale change. I don't want my daughters to continue to put up posts on the Me Too page about things that break my heart. I'm going to be a grandmother in two months, and I want the child who's born in the next two months to live in a different kind of Australia, but this government is not up to the task. (Time expired)

3:52 pm

Photo of Matt O'SullivanMatt O'Sullivan (WA, Liberal Party) Share this | | Hansard source

I will start by reflecting in the same way that Senator Scarr did, reflecting on those who have made contributions—Senator McAllister and Senator O'Neill. And I join with them in recognising the deep importance of addressing these serious issues that, sadly, too many workplaces in Australia are challenged by. Everyone deserves to be able to come to work and to work in a safe environment—everyone. Our national parliament ought to be and should aim to be the model workplace that all other workplaces could model themselves on. All political parties and those who work in Parliament House have a role to play in ensuring that we achieve this.

The government has taken some very significant steps. But, sadly, I don't seem to see the recognition of those steps that have been taken. I actually welcomed the fact that initially there was some real bipartisanship in getting on board and making sure that the independent processes that need to be put in place are there. The government has taken significant steps in the past few weeks to address the concerns raised by current and former staff and by parliamentarians, and I'll take you through those. It's why we've established an independent and confidential 24/7 telephone service to support current and former Commonwealth ministerial, parliamentary and electorate office staff and those who have experienced serious incidents in any Commonwealth parliamentary workplace. It's why this government has announced an independent review into Commonwealth parliamentary workplaces, which will be led by the Sex Discrimination Commissioner, Ms Kate Jenkins, and work is also underway by Stephanie Foster, the deputy secretary of the Department of the Prime Minister and Cabinet. I don't know Stephanie personally, but I sit on the Finance and Public Administration Committee and she often presents in front of estimates. Having sat through that and watched how she conducts herself, we know that she is a thoroughly independent person. She is a very professional person and somebody who I am confident will do an outstanding job in the work that she has been tasked to do, which is to assist and advise the Prime Minister on how to improve the processes that are necessary to support people—in particular, staff—when serious matters arise.

Everyone has the right to protest and to raise their voice. These are serious issues, and the whole parliament is working through the response to the concerns that have been raised. I recognise the importance of the stated aims of those who marched on the steps of Parliament House today, out there on the lawns. I encourage those who were part of that, and the organisers, please, to take up the offer that was provided by the Prime Minister in good faith to sit down and listen so that he can hear from them and so that a genuine discussion can take place. That's what's needed here. I welcome the exercise of free speech by those who were outside. It's appropriate that we engage with these issues, just like we had the debate on the bill around freedom of speech on campus prior to question time. The freedom to express and be able to deal with issues in a free and appropriate way is of course very important.

We will continue to work with those opposite and anyone in this place to proceed with this independent review into the issues that Ms Higgins has claimed happened, and also the culture in this workplace. I hope that this issue doesn't continue to be politicised. It would be disappointing, but the risks are present when those opposite seem to exploit the trauma that has been caused. We have to focus on what is necessary to move forward. (Time expired)

3:57 pm

Photo of Jess WalshJess Walsh (Victoria, Australian Labor Party) Share this | | Hansard source

When the government became aware of the assault on Brittany Higgins in this place two years ago they had one job, and that was to listen—to listen to her and to help her speak out. When the story of the assault on Brittany Higgins broke just a few weeks ago, the government still had one job: to listen and to help her speak out.

When the story of the allegations against the Attorney-General broke, the government again had one job: to listen to the story of the woman we now know was called Kate and to hear her story. In the era of Grace Tame, who had to launch a campaign called 'Let Her Speak' to be heard, in the era when one in five women in this country will be sexually assaulted in their lifetime, in the era when that figure is so much worse for women of colour, in the era when one woman is murdered a week by a man she knows, and in this era when sexual violence against women is at epidemic proportions, the government has one job: to listen and, by listening, to send a powerful message to all victims-survivors of sexual assault—to tell them that they too will be heard. It's to tell women around the country that their voices will be respected and that they will be believed. It will tell the women of Australia that their government gets it, that their government understands the shared experience of every woman—whether that experience is the relentless comments, the looks, the words or being spoken over when you have something to say, or whether it's the abuse, the violence, the sexual assault or the murder. The government has had just one job in all of this, and that is to listen—to listen to women and to let them know that their own government has their backs.

It is because this government has refused to listen that the women of Australia have taken to the streets today all around the country. It's because, instead of listening, on every occasion this government has rolled out its political machine to silence women from speaking up. This is what Brittany Higgins said she was faced with two years ago, a political machine that made her choose between speaking out and keeping her job. And, this year, when she found her voice, the government moved to discredit her. The Prime Minister himself used victim-blaming language, drawing attention to what he called the vulnerable position she found herself in instead of taking aim at the alleged perpetrator and sending a message to perpetrators that it is they who will be held to account for raping women, not women who will be held to account for speaking out. The Prime Minister himself showed his complete lack of understanding of the epidemic of violence against women in this country when he had to ask his own wife what to do.

This year, when the friends of Kate found their voices on her behalf and presented a 30-page dossier of allegations against the Attorney-General, the government moved again to silence Kate. The Prime Minister didn't even read the allegations. He didn't even read them. He didn't read them before he declared that he had asked the Attorney-General if it was true. He said no and that was the end of it. Well, the women of Australia have shown today that this is not the end of it. We have seen today that this is not the end of anything. What we have seen today is the women of Australia saying loudly and clearly that enough is enough.

There is a rawness and a rage in our country today, because the women of Australia have had enough. They've had enough of being silenced, enough of being disrespected and enough of seeing machines roll out against them when they try to speak up. There is a conversation going on today about violence against women, and it is getting louder. It's in our schools. It's in our workplaces. It's in the corridors of this very building. It's in the streets. The only people who are choosing not to be part of that conversation are the government, the Morrison government, the very people who should be leading the way.

Question agreed to.