House of Representatives

Second Reading Speech

Mr GORMAN (Perth - Assistant Minister to the Prime Minister, Assistant Minister to the Attorney-General and Assistant Minister for the Public Service)

I move:

That this bill be now read a second time.

The purpose of the Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Bill is to establish the Independent Parliamentary Standards Commission.

Establishing the IPSC was one of the recommendations made by the Australian Human Rights Commission in its November 2021 report - Independent Review into Commonwealth Parliamentary workplaces - also known as the Set the Standard report.

That report set out a framework for action to ensure that Commonwealth parliamentary workplaces are safe and respectful.

In doing so, it observed that these workplaces should uphold the standing of the parliament as a worthy reflection of the community it serves.

That observation is incontestable.

It is why - on the first sitting day of 2022 - a joint statement of acknowledgment was delivered on behalf of the cross-party Parliamentary Leadership Taskforce. The statement declared that this parliament should serve as a model workplace for our nation.

And it is why - in progressive updates on implementation of the Set the Standard report - this place has acknowledged the mistakes of the past and committed to build safe and respectful workplaces.

The Parliamentary Leadership Taskforce - chaired by Dr Vivienne Thom AM - has been working to steer implementation of the Set the Standard report's framework for action. Much has already been achieved. There have been real and important improvements to the culture of this place.

Last year the government, working with the PLT and its Staff Consultation Group, progressed legislation to establish the Parliamentary Workplace Support Service.

The PWSS - as it is known - commenced its enhanced operations as a statutory agency on 1 October 2023. It provides centralised human resources support to parliamentarians and their staff.

The PWSS also provides services to a broader cohort of people who work in the parliament to support a safe and respectful workplace. These are its confidential support service and a complaint resolution service.

The PWSS also has an interim function to undertake workplace investigations. This 'review' function will sunset on 1 October 2025. It is intended that the PWSS review function would be replaced by the Independent Parliamentary Standards Commission which would be established by this bill.

Following the PWSS's successful commencement last year, the government turned our attention to progressing the IPSC. These represent two significant structural reforms to our workplace. As such, we considered their progression in a staged and orderly way would best integrate these entities into our workplaces.

Subject to passage of the legislation, our aim is that the IPSC would commence on 1 October this year.

The IPSC's commencement will mean that the separate Behaviour Codes for Parliamentarians and their staff - and the Behaviour Standards for the Commonwealth Parliamentary Workplaces - can be finally adopted.

These codes were developed by the Joint Select Committee on Parliamentary Standards. They were endorsed by both houses of parliament in February last year pending the establishment of the IPSC to enforce them.

Together, the behaviour codes and the IPSC are about accountability.

The Set the Standard report said that the absence of clear standards of conduct, and the absence of consequences for misconduct, make the Australian parliament not only out of step with developments in other parliamentary contexts but also with the most basic standards in other Australian workplaces.

Consistent with the report, the bill would establish the IPSC as a fair and independent workplace investigation framework. Its role is to be an impartial fact finder.

The IPSC commissioners would perform their functions in an independent and impartial way.

Where expected standards of conduct have not been upheld, the IPSC will be able to impose or recommend sanctions set out in the bill, or make a referral for further action in the case of parliamentarians.

If the IPSC finds that a parliamentarian has seriously breached the conduct requirements, there will be a role for the houses of parliament. The IPSC would refer its findings to the Privileges Committee which would then consider the appropriate sanction and report to the relevant house of the parliament with its recommendation.

It is appropriate that the houses of parliament make such decisions about disciplining their members.

There is accountability through this mechanism, and a recommendation by a Privileges Committee will become public.

The structure of an IPSC investigation process in the bill aligns with the Set the Standard report. Recognising parliamentarians are elected members of the parliament, three commissioners would decide a final report for a parliamentarian respondent. A single commissioner would make that decision for a staff respondent or other worker. The bill also provides avenues for internal review of decisions. In all cases, a review panel would be constituted by three commissioners. Again, this aligns with the Set the Standard report.

Under the bill, the IPSC would be established as part of the PWSS. While its investigation function will be separated from the PWSS's support and complaint resolution roles, the IPSC would still need to work in a complementary way with the PWSS.

It is not intended that the IPSC would investigate a complaint that would be better addressed through the PWSS functions.

People who have a workplace issue would be encouraged to contact the PWSS's confidential support service. This should be the front door for help and advice as envisaged by the Set the standard report.

The PWSS will be able to provide advice on ways to resolve a complaint. It can also provide wellbeing support. This is a confidential service and available to potential complainants, respondents or others who are involved.

If an IPSC workplace investigation would be appropriate, the PWSS could assist a person to make a complaint to the IPSC.

The bill is the product of extensive consultations with members of the Parliamentary Leadership Taskforce and the Parliamentary Leadership Taskforce staff consultation group. I thank all involved in getting us to this point. Lots of thoughtful and constructive feedback was received.

Ranges of views were put forward on various points, and some balancing has been required.

A particular point to emphasise is that it is not the intention of the bill to change existing work health and safety laws.

Nothing in the bill requires people who have duties under work health and safety laws to make reports to the IPSC. The IPSC complements existing work health and safety laws.

Importantly, employers in Commonwealth parliamentary workplaces already have obligations and duties under work health and safety laws. The IPSC provides an additional pathway to take action, where appropriate.

Because of many variabilities that can arise, if unsure of what to do to meet a WHS duty, parliamentarians and their staff could obtain advice from the PWSS, as they can now. As part of this function, the PWSS can assist with advice on a referral for an IPSC workplace investigation if it is an appropriate action.

The establishment of the IPSC, and the adoption of the behaviour codes, will be a significant change in our workplace. The PWSS also has a function to provide guidance on the behaviour codes. It will roll out education on the codes so that people are aware of their obligations when the codes commence.

Consistent with recommendation 2 of the Joint Select Committee on Parliamentary Standards report, shortly after the IPSC has commenced, it is intended that the behaviour code for parliamentarians and the behaviour standards for Commonwealth parliamentary workplaces would be adopted into the standing orders of each House of the parliament.

As indicated in the bill, it is proposed the behaviour code for parliamentarians' staff would be formalised via a determination under the Members of Parliament (Staff) Act 1984to coincide with commencement of the other codes.

However, we know standards in this place are not to set and forget. The legislation also sets out that the newly established Parliamentary Joint Committee on Parliamentary Standards would commence a review of the behaviour codes within one year of the first session of each new parliament, once the IPSC has commenced.

As has been said before, the parliament is a unique workplace, but it is also one of Australia's most prominent workplaces. It should set the standard.

Through the Set the standard report, we heard from so many people who have worked, and continue to work in this place. As a government we have worked steadily and thoroughly to support implementation of the recommendations of the report.

This bill provides further accountability. This bill will enable enforcement of behaviours codes and standards to improve safety and wellbeing across Commonwealth parliamentary workplaces, which is a goal we all share.

That is why I commend this bill to the House.

Debate adjourned.