Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

I rise to speak on the Parliamentary Workplace Support Service Bill 2023, the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Bill 2023 and the Members of Parliament (Staff) Amendment Bill 2023. Everyone deserves to have a safe and respectful workplace. All parties, parliamentarians and staff have a role in improving the parliament's culture. There have been challenges in our workplace, but the legislation before us marks the effort that is being put in to address the challenges.

The coalition take these changes very seriously. It's why we have accepted and implemented the recommendations of the Foster review, including an independent complaint mechanism, workplace training and improved independent support services. It was the former coalition government that established the current Parliamentary Workplace Support Service following the Foster review. These have been concrete changes that have made our workplaces more safe and respectful even before the work to implement the Jenkins review commenced, and we remain committed, as the former government was when it accepted the Jenkins review and committed to working towards all 28 recommendations. The coalition has always sought to find consensus and bipartisanship on the changes to our workplaces. We believe that this building and other Commonwealth parliamentary workplaces, such as the hundreds of electorate offices and Commonwealth parliamentary offices around the country, are workplaces that are in the shared custody of all parties and parliamentarians.

The work to implement these changes is being led by the Parliamentary Leadership Taskforce, which represents parties and parliamentarians from across the parliament. I would like to thank all the members of the Parliamentary Leadership Taskforce, particularly the senators with whom I serve and the other coalition members: Senator Davey and the member for Farrer. I would also like to thank the PLT independent chairs—the former chair, Kerri Hartland, and the current chair, Dr Vivienne Thom—for their work. We are all ably supported by Tegan Johnson and Simon Arnold in the secretariat. Thank you for your continued support on the implementation of these important changes.

The Parliamentary Workplace Support Service that was created under the former government as a result of the Foster review represented the most significant change to our workplace in decades. That service was created to be bespoke to our workplaces. It is confidential, it's independent, it's trusted and it's placed right inside this building. The last thing a person in crisis needs is more bureaucracy. It's taken a no-wrong-door approach to those within our workplaces, who—some in their most vulnerable moments—can speak to a single service and get whatever care and assistance they need. Equally, the body has looked to apply independent due process to the matters that it handles, because everyone should be afforded a process that is trusted and fair.

Many people are to thank for the work undertaken to establish this body and to ensure its success. However, a particular tribute should be paid to the first head of the PWSS, Meg Brighton, who as its first head worked very hard to make sure that it was appropriately staffed, with trauma informed experts, and treated staff and parliamentarians with care and respect. It's a testament to the body that the service has proven itself to the extent that this bill before us will carry on the name of that body. It will be a test of the new body and, of course, of the new CEO that this trust that has been built is treated with respect and continues to be cultivated by the attitude and the approach that it takes.

The legislation before the House responds to recommendation 11 of the Set the standard report on the Independent Review into Commonwealth Parliamentary Workplaces, known colloquially as the Jenkins review. The Jenkins review recommended that the Australian government should establish an Office of Parliamentarian Staffing and Culture within 12 months to provide parliamentarians and to Members of Parliament (Staff) Act employees with human resources support that is centralised and accountable to the parliament, with enforcement of standards, and also designed to provide human resources support and administrative functions in the areas of policy development, training, advice, support and education. What's so important about the implementation of this recommendation is that it will allow for another five recommendations to progress after it.

As has been articulated in the House, the legislation comprises eight separate parts. Part 2 of the bill establishes the PWSS and its functions and obligations in relation to reports and actions against parliamentarians for certain noncompliance. These functions include human resources; support; complaint resolution; policy development; education and training; reviews; reporting on diversity; culture; and work health and safety. The bills also allow for the creation of policies or training that are mandatory for parliamentarians and staff. These policies and training will be made mandatory by the CEO of the PWSS, but only after the CEO has been given agreement by the advisory board, and they will also be disallowable. This provides for an appropriate balance between the independent powers of the PWSS and the necessary oversight of those powers.

Part 3 establishes the chief executive officer and arrangements for the CEO's appointment, conditions and termination. It's important to note that the independence of the CEO is integral to the operation of the powers and functions of the PWSS. The bill is explicit and clear: no parliamentarian will be able to direct the CEO in their duties. Part 4 outlines arrangements for staff, including consultants. It's important the PWSS be staffed by specialists and experts who can assist our workplace in developing best practice. To this end, it's noted that the PWSS will be able to seek external advice and expertise when it's required. Part 5 establishes the PWSS advisory board and its procedures, including membership and members' terms and conditions. Part 6 establishes the PWSS consultative committee, its functions and membership.

Part 7 outlines information-sharing arrangements, for example, between the PWSS and other Commonwealth entities, and in relation to questioning information from parliamentarians and MOPS Act employees. This is an important measure that will assist in the operation of the PWSS, particularly in seeking information for reviews and reports. Finally, part 8 provides for the making of rules and for regular reviews of this new body. It's important to continually assess how the body is performing in its role to support our workplaces.

The Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Bill 2023 provides for some administrative and transitional measures. The first of these is to provide continuity of the current arrangements for the treatment of documents and records of the PWSS. These arrangements exist to support and engender trust and confidentiality in the PWSS and its processes following consultation with staff across the parliament under the former coalition government. The second measure is to remove the determination that established the current PWSS and the final measure will allow for the work of the current PWSS to be transferred to the new body following the closure of the old body.

We note that there has been considerable work undertaken by the government and the minister on these two bills relating to the creation of the PWSS, and I would very much like to thank her for the way that she has engaged with the coalition in developing the legislation. As a result of the ongoing discussions between the coalition and the government, the minister has also circulated three changes in two amendments to the PWSS Bill. The coalition will support these changes, which we have worked with the government to make, in the interests of continued bipartisanship on these matters. The importance of these changes may seem small, but they ensure that the body we create today remains free of politicisation to the extent that it possibly can.

We will have some further questions for the minister on the operation of the bill during the committee stage, to provide clarity for the Senate on the operation of these amendments and the other functions of these bills. I would very much like to thank the minister and her office for the engagement that she's had with us on these matters. It has been greatly appreciated.

Finally, on the Members of Parliament (Staff) Amendment Bill 2023: the opposition supports this bill. As with all matters in relation to staffing and legislation which governs the way in which staff employment is managed, Minister Farrell has provided an approach that has allowed consensus on legislation that provides for the support of the parliament and the operations of parliamentarians and their staff. The opposition thanks the minister and his office for their sincere and genuine engagement in the development of this legislation.

This bill originates from recommendation 18 of the Set the standard: report on the independent review into Commonwealth parliamentary workplaces, the Jenkins review. This recommended a comprehensive review of the operation of the effectiveness of the Members of Parliament (Staff) Act 1994—the MOP(S) Act—to ensure consistency with modern employment frameworks. The MOP(S) Act establishes a framework for parliamentarians and office holders to employ people on behalf of the Commonwealth. This employment currently operates for three categories of staff: personal staff, electorate offices, and consultants. This is done through determinations made through the prime minister or their delegate, nominally the special minister of state. It's important to note that this legislation has been in effect now for 39 years and has not changed in any significant way until the Jenkins review and changes made by the former coalition government.

The review resulted in 15 recommendations, which were agreed in principle by both the government and the opposition. The bill will implement 11 of these recommendations of the review into the MOP(S) Act, and the remaining recommendations will be implemented by the proposed new statutory Parliamentary Workplace Support Service, to be established by the Parliamentary Workplace Support Service Bill 2023. The changes in this bill fall into six categories over four schedules. First, the bill clarifies roles and responsibilities of parliamentarians, office holders and employees, including their obligation under the workplace law. In practice, this bill clarifies the roles of parliamentarians, office holders and the prime minister, and clarifies the responsibilities of parliamentarians, office holders and employees by articulating that parliamentarians are responsible for their workplaces and that they are beholden to various acts, such as the discrimination act. This is an important measure as it improves the relationship between the employment framework and the modern workplace law, noting that the review of the MOP(S) Act stated that the parliamentarian has day-to-day management and decision-making in relation to employees.

Second, the bill will bring the act into line with current practice. It will screen the MOP(S) Act, including by reflecting categories of employment as they are referred to in contracts and agreements, and removing obsolete provisions in the act. These changes define categories of employment that better reflect the categories of employment rather than by who employs them. Third, the bill also enhances the transparency of employment arrangements with a new requirement that the determination of terms and conditions for employment under the act are made publicly available on the federal register of legislation, unless that would impinge on the privacy of individuals. While many determinations are already published on the Department of Finance website, this requirement will ensure that a single and clear source of information for interpreting the conditions created under the act.

Fourth, the bill will include requirements intended to guide decision-making by parliamentarians about employment matters and to support fair outcomes and processes while making significant employment decisions. Fifth, the new provision for temporary suspension of employment will offer an alternative to termination of employment. Suspension could occur with or without pay. Parliamentarians will be required to consult with the new PWSS prior to making a decision to terminate the employment of a staff member or suspend staff without pay. The bill also allows for the PWSS to step in as an employer in circumstances when there is no longer a sitting parliamentarian. Sixth, the bill will make changes to the act's automated termination provisions and clarify the intended operations of these provisions. The measures in this bill will also provide for minor and technical amendments of other acts that refer to it, to ensure that there is a consistency of language across the statutes. There are many items in this bill that were specifically sought by staff, that will increase their job security, particularly for electorate staff of parliamentarians who occupy particular offices such as ministers and party leaders. Lastly, and noting the significant time between the introduction of this act and the current changes, the bill also provides for a further review within five years of the amendments commencing, as was recommended by the MOP(S) Act review.

These three bills mark a significant next step for the implementations of the Jenkins review and the continued work to improve commonwealth parliamentary workplaces. Following these bills, the coalition expects the process to turn to the creation of the independent parliamentary standards commission. We know that there is more work to be done, but the coalition is committed to working with all parties, with Independents and with staff to continue to make our workplaces safer and more respectful for everybody here.

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

I rise with pleasure to speak to the Parliamentary Workplace Support Service Bill, the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Bill, and the Members of Parliament (Staff) Amendment Bills, which are the next step in establishing the independent, trauma-informed PWSS to support staff and MPs dealing with harassment and abuse. We wouldn't be debating these bills or any of the preceding workplace reforms to address sexual harassment in the last few years were it not for the bravery of young, predominantly female parliamentary staff. So, at the outset of my contribution to debating these bills, I again want to pay tribute to the tenacity, grace, strength and determination of the survivors who spoke out and brought us to this moment, where we are legislating reforms to help embed and further drive the change in the culture of parliament that's been so desperately needed since parliament was first established. Thank you in particular to Brittany Higgins, Dhanya Mani, Chelsey Potter, Tessa Sullivan, Rachelle Miller and Josie Coles; to all women who've survived sexual harassment and abuse at work; to other survivors, like Saxon Mullins; to those who fight to keep students safe on campus, like Sharna Bremner and Nina Funnell; and to so many other women, and some men, whose strength and resilience are driving this change. Thank you.

The Set the standard report found that one in three parliamentary staffers in this building had experienced some form of sexual harassment, as had many female parliamentarians—one in three. That is utterly unacceptable in any century, let alone 2023. Everyone has the right to a safe workplace, whether that's here in Parliament House or anywhere else.

The Respect@Work reforms, which this chamber has dealt with in the last few years and which passed the parliament in their entirety last year, enshrine a positive duty on employers to provide a safe workplace for their employees. They are crucial protections for workers right across the country in every single workplace, but parliament also needs to be setting the standard for workplaces, and those positive duty laws apply to us here as well. They mean that we as parliamentarians are all responsible for shifting our focus to actively preventing workplace sexual harassment and discrimination, rather than simply responding, generally inadequately, when it occurs. At the parliamentary level, it's now mandatory for everyone to attend sexual harassment, bullying and workplace conduct training, and there's a register to confirm who's completed this training.

Importantly, the PWSS has been established as a service to both staff and MPs to discuss workplace issues and how to ensure that they're meeting the workplace expectations of obligations. This includes assisting MPs on how to meet their positive duties to provide a safe workplace to their staff. The PWSS education, reporting and monitoring roles will keep parties on track for their commitments to improving diversity within the parliament. We've made some progress, but we still have a long way to go.

I will take this opportunity to say that universally, to a person, the feedback on the utility of the PWSS has been brilliant. I have had a multitude of staff and other workers in this building really commend the quality of the support that the PWSS provides, and it feels like that's a response that everyone's having, so full credit to the workers at the PWSS. I just want to acknowledge what a glorious service it is that we and our staff are able to access, and I want to pass on to the PWSS how valued their work and support has been.

The attention so far has been on sexual harassment and assault, but we must not ignore the racism, ableism, ageism and classism that still occur in this building and in these workplaces. People of colour, people with disability and older women have all reported that their harassment was compounded by discrimination and that they were targeted more, believed less, supported less and too often driven from this workplace. I can't look around the room and pretend that we don't have a representation problem. I'm really looking forward to the contribution of my esteemed colleague Senator Faruqi on these matters. She continues to fight in all spheres of her work to dismantle racism, not to mention ableism and other forms of discrimination. We have a lot to learn. I'm very grateful for the results that Senator Faruqi has produced so far, and I'm looking forward to her outlining those when she makes her contribution.

We know that First Nations women and women of colour are largely erased from media commentary, from culture and from history. Failing to acknowledge the labour and the experiences of culturally and linguistically diverse women sends the entirely wrong message that sexual harassment and other forms of abuse only impact white women, but we know that these crimes disproportionately impact culturally and linguistically diverse women and First Nations women. The bills before us today are a step in the right direction, but they are a very small step. Cultural diversity is still lacking in our workplace. Parliament is still not a safe, equal, inclusive or respectful workplace for everyone. The Greens will continue to push for the reforms to parliamentary culture to be rolled out nationally as a matter of urgency. Establishing an independent PWSS was a key recommendation of Set the standard, and it has already taken too long. This bill has now gone through all of the due processes; it's taken account of feedback from staff and union representatives, as is appropriate; and now it's time to pass it so that staff and the community can see real action on the Jenkins Set the standard recommendations.

The PWSS has been a huge step forward in improving parliament, but without enforcement powers it can't solve the problem. The Greens have been calling for an enforceable code of conduct for parliamentarians and senior staff for many, many years. Without genuine consequences for bad behaviour, like suspension from parliament, loss of entitlements or a direction to provide an apology, at the very least, there is nothing to deter bad behaviour. I note that, whilst both houses of parliament have now endorsed the draft codes of conduct for behaviour, we're still waiting on the establishment of the enforcement body for those codes. We're still waiting for an independent parliamentary standards commission, which would investigate breaches and enforce those codes. As a member of the Parliamentary Leadership Taskforce, I know that the work to set up that body is, and will continue to be, complex, but there's no doubt that it's been too slow. We've heard fresh revelations this week from members of parliament in the other chamber, MPs Karen Andrews and Kylea Tink, about totally inappropriate parliamentary behaviour, so it is clear that the enforcement of those codes of conduct is desperately and urgently needed.

Recommendation 22 of Set the standard was for a parliamentary standards commission to enforce codes of conduct within 12 months. The IPSC was expected in October, but the time frame has been delayed to February of next year. When female MPs are being subject to sexist, intimidatory behaviour, you can only imagine how much worse it is for staff. We said we were going to set the standard and turn the page; it's time for us to make good on those commitments. One of hurdles identified in Set the standard was that staff are reluctant to come forward if they know there are not going to be any consequences, particularly when their harasser or abuser is an MP. That is why we desperately need to get on with the establishment of the independent parliamentary standards commission, so that everyone in this building can have confidence that we mean what we say when we pass these codes of conduct that are meant to regulate our behaviour and provide a sense of safety to staff and the other people we share this building with. So we are disappointed that the time frame has blown out from October to February and we will continue to insist that no further delays occur.

We will keep pushing to make sure that the IPSC is established as soon as possible to give staff confidence that we take their safety seriously. But, whilst that work is being done, we can actually comply with the codes voluntarily. It's already a responsibility of every MP to act consistently with the commitments they made when endorsing the codes earlier this year, and for all parties to act quickly in response to complaints. The Greens will continue to push to make sure that the PWSS and the future IPSC have the resources they need and the powers they need to create a safe and respectful workplace.

To end Australia's culture of sexual violence, harassment and abuse we must start by supporting victims to come forward and dismantling the power imbalances and gender stereotypes that deter them from doing so. Staff and the community deserve to see action on all of the Jenkins Set the standard recommendations, and they deserve that action now. I'm very pleased that today, finally, after what seems a very long fortnight, we're getting to the PWSS bill and related bills. I very much look forward to their passage, which is expected today, and to an expedition of the independent parliamentary standards commission, which will give those codes of conduct teeth and finally complete the implementation of Set the standard. There's no more time to waste. We need to make the changes that are so desperately needed.

Perin Davey (NSW, National Party, Shadow Minister for Water) Share this | Link to this | Hansard source

I too rise to support the passage of the Parliamentary Workplace Support Service Bill 2023, Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Bill 2023 and Members of Parliament (Staff) Amendment Bill 2023. This legislation has been long in development and consideration, and it is critical to the future reputation of this workplace as a respected and valuable employer. The legislation has had a very long and detailed gestation, and I commend everyone who has worked on developing it.

Over successive governments, we have seen improvements in the way this parliament operates. We've certainly had a few assessments and reviews in recent years, and I do want to note that it was under the coalition government that the Foster review was commissioned and there was also the commissioning of the review by the Australian Human Rights Commission, headed by Sexual Discrimination Commissioner Kate Jenkins. I really want to thank Ms Jenkins for her work in that review and the way she conducted that review: the confidential nature of it, giving staff across the board and politicians the ability to provide information and feedback to the review in an entirely confidential manner. It also enabled the provision of a report that was thorough and comprehensive in considering all the necessary details. Following those two reviews, the former coalition government established the Parliamentary Workplace Support Service, which will now be enshrined by this legislation.

This bill demonstrates a commitment to deliver on the recommendations of the Jenkins review and the Set the standard report that was written, directed at making all commonwealth parliamentary workplaces safe and respectful. Commissioner Jenkins set out to deliver a review that was evidence based, voluntary and trauma-informed, and she certainly did that. Her report made 28 recommendations, and their implementation is a shared responsibility across the parliament. And that is why the development of the bill that we're discussing today was led by a cross-parliamentary leadership taskforce, which was assisted by a staff consultation group because, very importantly, in this aspect, our staff—I mean, our staff always matter, but this is about making this place safer and a better workplace for staff and for ourselves. I am a member of the Parliamentary Leadership Taskforce and I want to thank all members of the task force for the constructive and collaborative way we all worked together to ensure that this bill was deliverable and implementable. I thank all of my colleagues for the respectful way we had discussions and did those consultations with staff. I want to thank all the staff who participated in the consultation group for their thoughtful feedback and for the way they constructively approached this task.

The first bill in this package, the Parliamentary Workplace Support Service Bill, implements recommendation 11 of the report, which stated:

The Australian Government should establish an Office of Parliamentarian Staffing and Culture, within 12 months, to provide human resources support to parliamentarians and Members of Parliament (Staff) Act employees that is:

(a) centralised and accountable to Parliament, with the enforcement of standards

(b) designed to provide human resources support and administrative functions in the areas of policy development, training, advice and support, and education.

Through our discussions and considerations, the Parliamentary Leadership Taskforce determined that the PWSS is the appropriate vehicle for that Office of Parliamentarian Staffing and Culture, and there is further work to be done on establishing the next steps.

On establishment of the PWSS, it will do further work to implement another five of the Jenkins recommendations. The Set the standardreport found that there was an absence of an appropriate authoritative culture for parliamentarians and their staff and a lack of standardised people management processes. Parliament is not a homogeneous, single workplace. It's more akin to a shopping mall, where each individual office is like an individual shop within that shopping mall. It is a complex beast, which was recognised by Jenkins. But, by establishing the PWSS, we have developed support, complaint resolution and review functions that the existing service will integrate into the new entity. We've got a consistent and standardised package of training for parliamentarians and their staff. We will start to have more common standards across this varied workplace.

The review function, which is akin to a complaint investigation process, will continue to be performed by the new service pending the establishment of the independent parliamentary standards commission, which is recommendation 22 of the report. This new body will have delegated power that incorporates the new PWSS, including its advisory and support functions. I look forward to the continued work of the PLT in establishing the independent parliamentary standards commission. As it stands, and under this bill, the PWSS and then later the IPSC will operate a fair, independent, confidential and transparent system to receive disclosures as well as to handle formal and informal complaints and appeals about misconduct. It is intended that the new commission will also be led by an independent office holder. The PWSS will continue to have education and training functions to support parliamentarians and their staff in their employment relationship. It will also provide training on codes of conduct to a broader cohort of people that work in the parliamentary workplace. As the Jenkins review described:

Commonwealth parliamentary workplaces are an ecosystem made up of multiple workplaces, each with its own culture.

The Set the standard report highlighted in so many ways how parliament is unique. But it also, importantly, reminded us:

This is Parliament. It should set the standard for workplace culture, not the floor of what culture should be.

This legislation has many parts, but, importantly, it does establish the PWSS with a range of obligations, including human resources support, policy development, education and training, and reporting on things such as diversity, culture and work health and safety. The legislation, importantly, establishes the chief executive officer and arrangements for the appointment, conditions and termination of the CEO. The independence of the PWSS CEO is absolutely integral to the effective working of the body. They must genuinely be independent, because that is what will deliver and enshrine raised standards and a better workplace culture. Another important part of the bill is the establishment of the PWSS advisory body, who will assist the CEO in the operations of the PWSS. There will also be the establishment of a consultative committee made up of an independent chair, parliamentarians and staff of parliamentarians, which will provide an important conduit to allow employers and employees alike to speak directly with the PWSS.

The consequential amendments that are provided for in the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Bill 2023 cover off changes and transitional arrangements as the new PWSS is embedded. The last bill in this group, the Members of Parliament (Staff) Amendment Bill, amends certain sections of the act commonly referred to as the MOP(S) Act to improve transparency and clarify the employment framework for parliamentarians and their staff. This has been developed through the review of the MOP(S) Act which was undertaken by the Department of the Prime Minister and Cabinet last October and will also help drive the cultural change in Commonwealth parliamentary workplaces

Parliament House is a special place. It's a place that we should all feel privileged to work in but we should all feel safe to work in. It is filled with passionate and dedicated people who work on very hard and important issues that can change lives, deliver prosperity and economic security, and enshrine our very high standards of democracy. There is a cross-party desire to have this suite of legislation passed as soon as reasonably possible but it's very important that it be right. Too much has gone into the development of these bills thus far. It is important that we focus on ensuring that our Commonwealth parliamentary workplaces, not just in this building but across the Commonwealth parliamentary workforce, can demonstrate to staff that they are valued, that they feel respected, and that they can feel safe where they work and with whom they work.

I thank everyone who's worked so hard to date to deliver the very best and my colleagues on the parliamentary leadership task force. I also want to make specific mention of both Senator Katy Gallagher and Senator Jane Hume, who have worked very hard to make sure that this bill can be implemented with common sense and practicality. I'd also like to thank Senator Hume's adviser, John Harris, and her team for keeping my office and me informed every step along the way. I value that contribution by the staff and I hope the passage of these bills today makes this place an even better place to work.

Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

I rise to speak to the Parliamentary Workplace Support Services Bill 2023 and associate myself with the excellent comments made by my colleague, Senator Larissa Waters. This bill gives effect to recommendation 11 of the Australian Human Rights Commission's Set the standard, the report on the independent review into Commonwealth parliamentary workplaces. The bill creates the Parliamentary Workplace Support Service as an independent human resource entity for staff and parliamentarians, which, believe it or not, hasn't existed until now in this place. This was a major problem identified by the Set the standard report.

I do want to first up, though, thank PWSS and its amazing staff for the excellent and extremely valuable work that they do in supporting us and our teams in here. I know this because I have personally accessed that support many times because this place is far from ideal for a migrant Muslim brown woman, and that does take its toll.

In addition to PWSS, there are multiple other important and urgent recommendations of the Set the standard report which are yet to be implemented. No-one can deny that this place desperately needs a shift in culture. Hardly a week or even a day goes by without an example of unacceptable and bad behaviour and it is way past time that we stop couching these terrible and harmful behaviours as 'robust debate'. Intimidation, bullying, racism, sexism or any form of discrimination is not robust debate; it is vile behaviour that should stop, and it should not be acceptable or tolerated in any workplace, including our own. We need to see all the recommendations of the Set the standard report implemented as quickly as possible. This bill does represent a step forward in establishing a proper human resource agency, and this agency will act in some ways to change the culture of this place and improve the support that is made available to people who work here. But there is so much work still to be done.

One of the outstanding and key recommendations of the Jenkins report is the establishment of an independent parliamentary standards commission, the IPSC, that will formalise and enforce codes of conduct for parliamentarians and staff. Legislation is required to establish the IPSC. The Set the standard report recommended the IPSC be established within 12 months. It was initially expected in October this year, but here we are. It has been delayed to February 2024. That is a real shame. How long will we have to wait before these recommendations are implemented? It's not good enough. We really need to establish this body urgently, because implementation and enforcement of the behaviour codes of conduct is really a big missing piece here. Even though both the House and the Senate have endorsed these codes, they have not really been implemented, nor is there a mechanism to enforce them. Without enforceable behaviour codes, I must say that any other changes are still a bit of tinkering at the edges and a bandaid measure, even though they are necessary. There is no use in merely treating the symptoms of the problem while ignoring the root causes.

While developing these codes, we received overwhelming evidence that the workplace culture in parliament was broken and harmful in so many ways to too many people and that bullying, harassment sexual assault, racism, discrimination against disabled people, ageism and all forms of discrimination were, in fact, commonplace. We can never forget that the Jenkins report revealed a staggering 51 per cent of people working in parliamentary workplaces had experienced bullying, sexual harassment or actual or attempted sexual assault. First Nations people, people of colour, people with disabilities and LGBTQIA+ people experience discrimination, micro-aggression and segregation. Of course, it should be unacceptable. The highest office in this country should lead the way on workplace safety. Instead, it has been toxic, cut-throat, hyper masculine, whitewashed and exclusionary on multiple levels.

It deeply concerns me to say that despite all of the revelations over the past few years, parliament still remains an unsafe place for women, people of colour and other marginalised people. It's been eight months since the behaviour codes of conduct were developed and six months since parliament endorsed them, but we are still waiting for their implementation while this terrible behaviour goes on. As a member of the committee that was responsible for developing these codes, I am really disappointed by the slow progress. These behaviour codes and their enforcement are a bare minimum to lift standards of behaviour in this place. A support service without behaviour codes of conduct and, more importantly, consequences for MPs, is a bit like rearranging deck chairs on the Titanic. I urge the government to quickly set up the IPSC with the investigative and enforcement mechanisms that have already been recommended by the Joint Select Committee on Parliamentary Standards and by the Jenkins report so that the codes have power to make the change that is so desperately needed and to hold people to a high standard, to hold people to account and then, if they don't meet the standard, to actually have consequences. This is a matter of urgency. Anything less is unacceptable and will not result in the real change in culture which I hope most of us want in here.

The codes set an expectation of how we behave in this place, but meaningful improvement will depend on a real commitment to changing culture and actually embracing diversity. We know that our parliament unfortunately remains a place where power and privilege are entrenched. This is the bigger challenge that we all have to overcome. We cannot do this without making sure that our parliaments actually look like the communities that they represent. It is a small but positive change to see that there are a few more First Nations people and people of colour in this place after the last election, but there is still a long way to go before parliament reflects our streets and suburbs and not the closed, privileged networks where many in this place continue to come from. Entrenchment of privilege and power—especially when unchecked, and with no enforceable consequences—is the root cause of why this place has a toxic and deeply harmful culture. My hope is that the PWSS will not only continue to act independently but also be forceful in its recommendations for a safe, supportive and respectful workplace.

I note that, where needed, the PWSS will be able to make policies and training programs mandatory, and this function is so crucial. I have pushed, and will continue to push, for anti-racism training, disability discrimination training and First Nations cultural awareness training to be made mandatory for all in this place—MPs and staff. This is one of the recommendations of the joint committee which worked on parliamentary standards, of which I was a member. If there's one place that needs unpacking of white privilege and white fragility, it's this place. Mandating anti-racism training for all federal MPs in parliament, and Commonwealth employees, is really essential to doing that.

While training and support are important, so is accountability. I note that the PWSS will have the ability to make public when MPs do not undertake the mandatory training they've been asked to do. I'm hoping that this will serve to increase transparency in this place and hold people accountable for their actions—and even push them to actually do the training.

The behaviour code, the PWSS and the IPSC are all crucial to making this place safe and respectful for all. But at the end of the day, politicians and their parties need to show leadership and to model the behaviour that people out there expect from us. This is a good start, but there's more to do, especially for the behaviour codes to be implemented and the enforcement mechanisms to be set up. I want to thank all the people who have come forward with such courage to share evidence with the various reports and committees. Sometimes it has been deeply disturbing evidence of what they experienced in their parliamentary workplace. I can assure them that the Greens want to make sure that all their work has not been in vain, and that the only reason we're moving forward with change today is because all of them came forward and pushed for this change. It is not easy, and I do thank them for their courage.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I table two supplementary explanatory memoranda relating to the government's amendments. We will get those circulated.

I thank everyone for their contributions on this bill. It is, I think, the parliament at its best, when we come together on legislation and work collaboratively—this being in the interests of everyone who works in this building. As many of those who have contributed to the debate today have pointed out, this has come from the substantial piece of work that the former Sex Discrimination Commissioner Kate Jenkins did into the culture of the parliament as a workplace. She released the Set the standard report, which had a number of recommendations for changes that should be made to this workplace and in our electorate offices around the country. These were to ensure that we were driving improvements, not only in the conduct but in the culture of our workplaces. I think that anyone who read that report or who was involved in those discussions certainly heard from a lot of people in this building, and from those who had left this building, about the less-than-ideal way they had been treated in this workplace. In some cases, there were extremely traumatic and life-changing experiences in this workplace.

The commitment in the Set the standard report was that we commit to the recommendations and the implementation of the recommendations. I would like to start by thanking all those people, many of them staff in this building, who came forward during the set the standards inquiry, because it was their evidence, contributions and experiences that led to the recommendations which have led to the significant change that has happened in Commonwealth parliamentary workplaces. These bills are part of that response.

The Parliamentary Workplace Support Service, which was recognised in the former parliament, the 46th Parliament, was up and running reasonably quickly for how things work here. I think it has been such a significant success story of appropriate support services for both parliamentarians and their staff. This package of bills seeks to strengthen that. I very much thank current and former staff who provided their personal stories, often at personal cost, to that inquiry because it is through those stories that we are standing here today debating legislation that is putting in place permanently the Parliamentary Workplace Support Service.

This has been a product of extensive and close engagement with members of the Parliamentary Leadership Taskforce and with the task force staff consultation group. I acknowledge Senator Hume, Senator Waters, Senator Davey and Senator Farrell from this chamber—I don't think I have forgotten anybody—and from the other place Ms Claydon, Ms Ley and Ms Zali Steggall, who have been on the Parliamentary Leadership Taskforce in this parliament. I also acknowledge Senator Birmingham, Mr Morton, Senator Payne and Ms Plibersek, who are not on this task force but were on the last one. It really has been a very collaborative effort across the parliament.

The 46th Parliament's Parliamentary Leadership Taskforce really grabbed the Set the standard report and put in place immediate responses and the 47th Parliament's Parliamentary Leadership Taskforce has been doing work on making sure that we continue to implement recommendations. Importantly, it has been a fantastic forum to negotiate this legislation. I also acknowledge the MPs and senators who have got involved through Senator Hume's work on the opposition side and also through work on our side. Certainly I've attended some meetings with crossbench members of parliament who have been interested and involved in this as well. In my time in this place it is a real exemplar of how to work on legislation together.

The bills before us today really do stay true to the guiding principles in the Set the standard report for a new human resources entity to support the employment relationship between parliamentarians and their staff. The new PWSS will play a key role in advancing the professionalism of that relationship. A significant distinction from the existing arrangement is that the new PWSS is independent and cannot be directed by any person in the performance of its function or exercise of its power.

Furthermore, consistent with the theme in Set the standard, the new Parliamentary Workplace Support Service will have functions concerned with making Commonwealth parliamentary workplaces safe and respectful. It is imperative that we can all see progress being made on that front—and I genuinely think there has been during my time in this place, but there is definitely more to be done. It is why the new Parliamentary Workplace Support Service will be required to publish annual reports covering the culture of the workplace, as well as progress in preventing workplace misbehaviour.

As we've heard, the parliament is a unique and prominent workplace. People who work here should have the systems they need to go about their work in a professional, safe and respectful environment. The Members of Parliament (Staff) Amendment Bill 2023 complements the PWSS Bill package by modernising the employment framework for parliamentarians and their employees. It implements recommendations from the review of the Members of Parliament (Staff) Act undertaken by the Department of the Prime Minister and Cabinet last year. That review in turn implemented recommendations of the Set the standard report. The bill clearly sets out the responsibilities of parliamentarians and employees under modern workplace laws, including employment principles, to set expectations of the workplace. The bill will provide greater clarity and certainty for both MOP(S) Act employees and parliamentarians. Together with the Parliamentary Workplace Support Service bill package, these bills are important reforms for the Commonwealth parliamentary workplace.

Before closing, I thank very much the members of the Jenkins reform team, who have been working on this. We are very fortunate to have such skilled and talented public servants who have really led the way through not only putting this bill together and getting it into the shape it needs to be but the consultations that have happened so broadly in putting together this package of legislation and pushing forward on the Jenkins recommendations overall. The responsibility of government is highly valued in terms of their advice to me. I have seen the amount of work they have put in to this, and I would like to extend my appreciation and thanks for their continued work as we move to the IPSC, or the independent parliamentary standards commission, which I note a number of senators have spoken about today.

In relation to the comments around delays I would say this. We consulted with Kate Jenkins, as we formed the 47th Parliament, on how we'd progress some of her recommendations. There was an acknowledgement from her that in her timing of recommendations she hadn't accounted for the election period and the change of government and all that comes with that. She was comfortable that the PLT was progressing the recommendations in good time. I think the PLT also had a discussion about how to land the PWSS legislation before proceeding to the IPSC as both were significant pieces of work and we wanted to make sure that we were able to progress them in an orderly way, which is the decision. The responsibility there was to get the PWSS legislated and up and running as soon as we could. The work on the IPSC has been going alongside but it will really start now that this legislation has passed the parliament. The PLT has a principles based document that we're considering at the moment, but everyone should be very clear that that is the next big piece of work that we've got to work through.

We accept that this is a big structural change to this parliament and that people have views about it. So part of the work that Senator Hume and I have been doing is to give colleagues within our organisations the opportunity to be involved. I would prefer, frankly, that we take the time to get things right, which I think we've done with the PWSS. We have some amendments to work through in committee stage, but we've done that. We've been negotiating this bill right up until it's here before you today; I hope we can engage in the same process for the IPSC. I don't see it as a lack of any desire to get these recommendations dealt with. These are new bodies. We need to make sure that we get them right and that people feel consulted in the process. I would just make those comments in closing.

I know we have a few amendments to get through in the committee stage. I really thank Senator Hume very much. We decided early on that we wanted to work together on this and move as one if we could, even though there were areas where perhaps there was opportunity for disagreement. We've done that. We've worked through it, and I look forward to working with her on the IPSC—or maybe she's not looking forward to it—but we are committed to it and we are going to do that. I would like to thank the staff in our offices who have worked really hard on this. Senator Hume, in your office and certainly in mine, we've had a number of staff that have worked tirelessly in between the Public Service and the chamber part of the business to get this legislation here today. I acknowledge them and thank people for their contributions and the ability to get this bill dealt with during this sitting fortnight.

Question agreed to.

Bills read a second time.