- Introduction
- On 30 November 2021, Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces (Set the Standard) was released by the Sex Discrimination Commissioner. The review, which had been commissioned following allegations of sexual assault in Parliament House, examined the culture of Commonwealth parliamentary workplaces with the aim of ensuring the Parliament is safe and respectful and reflects best practice in the prevention and handling of bullying, harassment and sexual assault.
- The report made 28 recommendations aimed at fostering safe, diverse and inclusive Commonwealth parliamentary workplaces, as well as shared accountability for change. Two of these recommendations (recommendations 10 and 27) fall within the scope of the Procedure Committee’s activities, which is established each Parliament to inquire into and report on the practices and procedures of the House of Representatives. The Committee is focused on the standing orders, parliamentary practice and procedure, and the work of the Chamber.
Conduct of the inquiry
1.3On 8 September 2022, shortly after the commencement of the 47th Parliament, the House Standing Committee on Procedure agreed to an inquiry into recommendations 10 and 27 of Set the Standard:
Recommendation 10: Everyday respect in the parliamentary chambers
The Presiding Officers should review the Standing Orders and unwritten parliamentary conventions, including their application in practice, with a view to:
- eliminating language, behaviour and practices that are sexist or otherwise exclusionary and discriminatory
- improving safety and respect in the parliamentary chambers.
Recommendation 27: Review of Parliamentary sitting calendar and Order/Routine of Business
The Procedure Committees of the House of Representatives and the Senate should review the Parliamentary sitting calendar and the Order/Routine of Business with a view to enhancing wellbeing, balance and flexibility for parliamentarians and workers in Commonwealth parliamentary workplaces.
1.4While recommendation 10 was addressed to the Presiding Officers, the Procedure Committee undertook to complete a review in relation to these matters as it fell within its remit to ‘inquire into and report on the practices and procedures of the House and its committees’.
1.5The Committee was interested in hearing a variety of views on how these recommendations could be implemented. It issued a general call for submissions in October 2022, and invited submissions from Members, former Speakers and Speakers of Australian state jurisdictions. Submissions were also invited from academics working in related fields, such workplace law, gender equity, discrimination law and parliamentary practice and procedure.
1.6The Committee held private briefings with a range of parliamentary office holders, the Clerk and parliamentary colleagues in other jurisdictions between October 2022 and May 2023. The Committee met privately with the Sex Discrimination Commissioner, Ms Kate Jenkins, in the early stages of the inquiry.
1.7The Committee held four public hearings, including two roundtables with former Speakers and invited academics. Two further public hearings were held, one with DrSonia Palmieri, an expert in gender-sensitive parliaments, and one with Ms Kate Jenkins, towards the end of her term as Sex Discrimination Commissioner.
1.8A list of the submissions received is at Appendix A. Public hearings and witnesses are listed in Appendix B. Additional documents are listed in Appendix C.
Acknowledgements
1.9The Committee would like to thank everyone who made a submission, or spoke with the Committee publicly or privately. While the practices and procedures of parliament can often be thought of as dry, the recommendations considered during this inquiry arose from the experiences and trauma of many people working in Commonwealth parliamentary workplaces. Everyone who participated in the inquiry engaged positively and sensitively, with the goal of improving the working environment at Parliament House. The Committee is grateful to the current and former Members—including the current Speaker and former Speakers—as well as colleagues in other jurisdictions, the Commission and academics and other experts who participated in the inquiry.
Scope of the inquiry
1.10This inquiry focused solely on the two Set the Standard recommendations that fell within the Committee’s remit (see paragraph 1.2). It did not consider the separate, but related, recommendation that a draft code of conduct for parliamentarians be developed and adopted into the standing orders of the House of Representatives and Senate. Instead, this was considered by a Joint Select Committee on Parliamentary Standards, established in the 46thParliament and then re-established in the 47th Parliament. The report of that committee, tabled on 29November 2022, contains proposed Behaviour Standards for Commonwealth Parliamentary Workplaces and a Behaviour Code for Parliamentarians.
1.11The draft code requires parliamentarians to treat all those with whom they come into contact in the course of their parliamentary duties and activities with dignity, courtesy, fairness and respect. The draft code identifies prohibited behaviours and specifies that bullying and harassment, sexual harassment and assault, and discrimination in all its forms including on the grounds of race, age, sex, sexuality, gender identity, disability or religion are unacceptable.
1.12On 9 February 2023, the House of Representatives endorsed the draft Behaviour Standards and Codes presented by the Joint Select Committee on Parliamentary Standards. The parliamentary standards committee recommended the Behaviour Standards and Codes for Parliamentarians be adopted into standing orders once the Independent Parliamentary Standards Commission is established.
1.13While the codes of conduct were out of scope for this inquiry, the relationship between the recommendations of this report and the proposed behaviour standards and code of conduct is discussed in Chapter3.
Structure of the report
1.14Chapter 2 of the report provides background to the inquiry and the recommendations of Set the Standard.
1.15Chapter 3 is focused on everyday respect in the Chamber and discusses the standing orders relating to order and disorder, the role of the Speaker and current sanctions for disorderly conduct. This chapter examines the practice and procedure of other parliaments, sets out the evidence received during the inquiry about language and behaviour in the Chamber, and makes recommendations for amendments to the standing orders. Finally, this chapter looks at the training and guidance materials available to Members.
1.16Chapter 4 considers the sitting calendar and order of business, outlines the history of the days and hours of sittings, and discusses other provisions the House has made to improve the flexibility of the Chamber. This chapter sets out the evidence received and the range of perspectives the Committee heard about the sitting calendar and hours of sittings.
1.17Chapter 5 discusses other proposals that were considered during the inquiry to improve safety and respect in the Chamber.