- Background to the inquiry
Set the Standard report
2.1On 5 March 2021, the Independent Review into Commonwealth Parliamentary Workplaces was established. The review was conducted by the Australian Human Rights Commission (the Commission) and led by the Sex Discrimination Commissioner, Ms Kate Jenkins. The review examined the culture of Commonwealth parliamentary workplaces with the aim of ensuring that the national Parliament is safe and respectful and reflects best practice in the prevention of, and response to, bullying, sexual harassment and sexual assault.
2.2The review received contributions from over 1,700 individuals, including 935 survey responses, 490 interviews and 302 written submissions. On 30November 2021, Setthe Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces (Set the Standard) was tabled in Parliament. The Government welcomed the report and undertook to consult with the Opposition, minor parties and the independents on a way forward to respond to Commissioner Jenkins’ review.
2.3On behalf of the parliamentary cross-party leadership taskforce, on 8 February 2022 the Speaker, Hon Andrew WallaceMP, made a statement acknowledging the unacceptable history in Commonwealth parliamentary workplaces and expressed a commitment to working across the parliament to implement all the recommendations. Progress was made on some recommendations; however, on 11April 2022, the 46thParliament was dissolved before action could be completed on all items.
2.4On 8 September 2022, the Procedure Committee resolved to undertake an inquiry with terms of reference on two of the recommendations:
- Recommendation 10 (Everyday respect in the parliamentary chambers), and
- Recommendation 27 (Review of parliamentary sitting calendar and Order/Routine of Business).
Recommendation 10
2.5The Commission suggested that the review of standing orders should aim to broaden the definition of ‘disorderly’ behaviour to include acts of bullying and sexual harassment witnessed in the Chamber and could consider sexist and otherwise discriminatory or exclusionary language as ‘offensive’, ‘objectionable’ and ‘unparliamentary’.
2.6The Commission proposed that the standing orders should require that the language used in the Chamber does not contribute to the exclusion of women, First Nations people, LGBTIQ+ people, culturally and linguistically diverse people or people with a disability.
2.7These proposals were based on frequent reference to ‘everyday sexism’ and other forms of exclusion the Commission heard during its review. The report noted this sexist and exclusionary behaviour occurs ‘both inside and outside the chamber’.
2.8The Commission identified drivers of bullying, sexual harassment and sexual assault in Commonwealth parliamentary workplaces and set out risk factors for such behaviour, including unclear and inconsistent standards of behaviour.
Recommendation 27
2.9The Set the Standard review noted that one of the unique features of Commonwealth parliamentary workplaces is ‘the long and irregular hours that arise as a result, in part, of the sitting hours of the two chambers of Parliament’. It heard from participants about the impact of these hours and the culture of the Chamber on the wellbeing and safety of people across these workplaces.
2.10It also heard that the operation of the chambers could contribute to and normalise a masculinised and competitive culture, both inside and outside the Chamber. Review participants spoke of the ‘adrenaline-rushing’ and adversarial environment, which contributed to poor behaviour. The review considered that addressing these issues requires a combination of cultural, structural and practical changes, including to the sitting calendar and hours.
2.11The Commission heard a range of views from participants about sitting hours:
There was some agreement among participants in the Review that the long hours are necessary to provide all parliamentarians with the opportunity to represent their constituents, debate and pass legislation. The Commission also heard, however, that they were unproductive and inefficient—particularly in the Senate—and have a detrimental effect on safety and wellbeing.
2.12The Commission considered that the following principles should guide a review of the parliamentary sitting calendar and the order of business:
- predictability
- agency
- flexibility
- effectiveness, and
- compassionate leadership.