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The National Parliament of Australia should be the workplace of our best and brightest – not only those elected to office but those who serve as staff – and it should be a safe workplace. Jackie Pearson looks at the work being done to implement the recommendations made by Sex Discrimination Commissioner Kate Jenkins in her Set the Standard report.
It is now well over a year since Brittany Higgins, former Liberal staffer, went public with her allegations of a sexual assault in a Minister’s office at Parliament House Canberra. On February 8 Jenkin’s first recommendation to give a joint statement of acknowledgement was delivered in parliament.
Anyone who has been the victim of bullying or other abhorrent, potentially illegal, treatment whilst working in Parliament House or in an electorate office, may be wishing this story would go away and they could just get on with their lives, but this saga has a very long way to run if real and sustainable change is to be achieved.
Let’s pause there for a second and contemplate the passing of Senator Kimberley Kitching. We know the Senator, before her sudden death on March 10, complained to Deputy Labor Leader Richard Marles about being kicked off the Tactics Committee. It has been broadly reported that Kitching, no political mouse herself, had been “bullied” by Senators Penny Wong, Kristina Keneally and Katy Gallagher. We know Labor Leader Anthony Albanese also wanted this story to go away and held steadfastly to his refusal to have an inquiry.
Albanese instead vowed to establish a new human rights award for the Senator’s work on the Magnitsky Act which empowered the Government to sanction overseas human rights violations.
If you’ve read the Jenkins Report, or even the executive summary, it’s clear you don’t have to go overseas to have your rights violated – you’ve got a 33.3% chance of it happening if you work for a politician under the Members of Parliament (Staff) (MOP(S)) Act 1984.
It is going to be up to everyone who cares about social justice to make sure all recommendations from the Jenkins Report are delivered in full, particularly as we are weeks away from a general election. After all, if we cannot guarantee the safety of workers in privileged workplaces like the halls of Australia’s parliament or electorate offices, how can we expect to keep those in less privileged workplaces safe?
Review of MOPS Act
Item 18 on the Jenkins Report Implementation Tracker recommends that “the Government should undertake a comprehensive review of the operation and effectiveness of the of the Members of Parliament (Staff) (MOP(S)) Act 1984” – note the brackets around the ‘staff’ bit. If the S fell off the name of an Act of Parliament would anybody care?
MOP(S) is the Act of Parliament that those working for politicians (and others) are employed under and it is heavily biased in favour of protecting MPs and Senators.
Is there another workplace in Australia where your wage and conditions are set by one entity but your job security, workplace safety, mental and physical wellbeing are entirely at the mercy of one individual: The Member of The Senator?
The Commissioner’s timeframe was that the review should be initiated within six months and any resulting reforms enacted within six to 12 months.
The Department of Prime Minister and Cabinet has announced it is leading the review.
The Review of the MOP(S) Act intends to “identify legislative, policy or other changes or initiatives to ensure the employment arrangements of parliamentarians and their staff are fit for purpose”.
Current and former parliamentary staff, parliamentarians, staff representatives, relevant agencies and departments, and any other interested parties have been invited to provide feedback on the Act.
“The Review has been established to identify legislative, policy or other changes or initiatives necessary to ensure the employment arrangements of parliamentarians and their staff are fit for purpose to: support a professional, high-performing, safe and respectful workplace for all parliamentarians and their staff; and prevent bullying, harassment, sexual harassment and sexual assault and address its impacts according to best practice.”
The Review is seeking feedback on: recruitment of MOP(S) Act staff, including the transparency of arrangements, the use of merit-based recruitment, and pre-engagement checks; procedural fairness for the terms, conditions and termination of employees and employers under the MOP(S) Act; the responsibilities, expectation, and accountability of MOP(S) Act staff; and appropriate public reporting and accountability of the administration of the MOP(S) Act.”
All the above urgently need reform if Parliament House and electorate offices around the country are to become safe workplaces. A close examination of terms of reference is important in framing expectations about outcomes and it is interesting to note that the review seeks feedback on the responsibilities, expectations, and accountability of MOP(S) Act staff. It appears the same feedback is not invited on the responsibilities, expectations and accountability of Members of Parliament.
Anyone who has endured even a brief sojourn as a MOP(S) Act employee should be making a submission to the review. The terms of reference call for the review to be “comprehensive” to reduce complexity, increase clarity and ensure consistency with modern employment frameworks.
The many past and present MOP(S) Act employees who have already made submissions to the Jenkins inquiry may believe that will require starting from scratch – shredding the MOP(S) Act and providing parliamentary employees with the same employment conditions and protections as any other workplace, which is far from the status quo.
The final written report will be delivered to the then Prime Minister by September 30, 2022 and will then be released to the public at a time determined by the PM, whoever that may be in September. The Point will be keeping a close eye on the review and will be reporting some observations of what’s wrong with the MOPS Act at a later date.
Statement of Acknowledgment
Another of Jenkins’s recommendations was for the parliament to deliver a statement of acknowledgement (the apology you give when you don’t really want to say sorry).
On February 8, 2022, a joint Statement of Acknowledgment was delivered in the Australian Parliament on behalf of the Parliamentary Cross-Party Leadership Taskforce. It acknowledged the unacceptable history of workplace bullying, sexual harassment and sexual assault in Commonwealth Parliamentary Workplaces.
Women (victims) were invited into the public gallery at the last minute and the statement was delivered not by the Prime Minister or the Leader of the Opposition but by the Speaker of the House of Representatives, the Hon Andrew Wallace and the President of the Senate, Senator the Hon Slade Brockman.
“This issue is of the greatest importance and the responsibility of all people who work in this place. Any bullying, sexual harassment and sexual assault is unacceptable and wrong. We say sorry,” the acknowledgement said.
“Every workplace should be safe and respectful. This place and its members are committed to bringing about lasting and meaningful change to both culture and practice within our workplaces. We have failed to provide this in the past.
“We today declare our personal and collective commitment to make the changes required. We will aspire, as we should, to set the standard for the nation.
“We thank all of those who participated in the Jenkins Review, acknowledging everyone who came forward to tell us of their experiences. We also acknowledge the many others who could not or did not participate but who may have experienced misconduct. We know that your experiences have had profound and far-reaching impacts on your lives. We have listened and heard you, and we accept your calls for change.
“This Parliament should serve as a model workplace for our nation. Only by creating the best workplace will this Parliament attract the best people our country has to offer. And only by attracting the best our country has to offer, and listening to the communities we represent, will we deliver the high standards that our country deserves.
“The Jenkins Review proposes an ambitious program of reform to ensure Commonwealth Parliamentary Workplaces meet the highest standards. We are fully committed to working across the Parliament to implement all of these recommendations within the timeframes proposed by Commissioner Jenkins.
“We have started to act. Last year, we established a new independent complaints process and began providing trauma-informed support for people who have experienced serious incidents working in the Parliament.
“Members, Senators and staff have undertaken professional workplace training.
“Parliamentarians must uphold the highest standards and be accountable for delivering required actions. We know that cultural change has to come from the top – it has to be role modelled and championed by all of us.
“While we know we cannot undo the harm that has already been done, we are committed to acknowledging the mistakes of the past and continuing to build safe and respectful workplaces.”
Let’s not forget the report
Sex Discrimination Commissioner Kate Jenkins report, Set the Standard, was the result of seven months of deep engagement with current and former staff and parliamentarians from across all parliamentary workplaces. Jenkins received more than 1700 individual contributions via interviews, submissions, and survey responses.
It gave us a comprehensive understanding of the culture within Commonwealth parliamentary workplaces.
Commissioner Jenkins said: “Many people, both current and former staff, have had meaningful careers in parliamentary workplaces, motivated by a genuine commitment to contribute to the nation’s success.
“However, we found that even those with positive experiences participated in the Review in recognition that this workplace does not meet the standards that the nation’s Parliament should meet.
“Over half (51%) of all people currently in Commonwealth parliamentary workplaces have experienced at least one incident of bullying, sexual harassment or actual or attempted sexual assault in a CPW. That is unacceptably high.
“A lack of clear standards of conduct, limited accountability and power imbalances, combine with the high-intensity, high stakes nature of the work, the pursuit of political power and advantage, the frequent blurring of personal and professional life and the intense loyalty to political parties … create specific risk factors unique to this workplace.”
According to the Jenkins report, parliamentary workplaces are not one single workplace with a homogenous workplace culture.
The Parliament, along with 227 electorate offices across the country, contains multiple employment arrangements, working across different offices and departments, each with their own unique culture.
“Throughout this Review, we heard that these workplaces are not always safe environments for many people within them,” Commissioner Jenkins said.
“We found current systems and reward structures encourage, tolerate and enable misconduct and processes that are not equipped to prevent or address the consequences of that behaviour.”
The report made 28 recommendations designed to support all parts of the parliament to perform at their best and bring these workplaces into line with the standards expected of all Australian workplaces.
“In designing the recommendations, we have balanced the need for clear standards, and an independent complaints body to enforce those standards, with the need to establish professional systems and processes to support people and bring this workplace into line with other Australian workplaces,” Commissioner Jenkins said.
The report sets out five key shifts required to ensure safe and respectful work environments in Commonwealth Parliamentary Workplaces in the areas of:
1. Leadership: Strengthening institutional and individual leadership to ensure a safe and respectful work environment, including a joint Statement of Acknowledgement that owns and accepts the problem and demonstrates a commitment to action and shared accountability.
2. Diversity, equality and inclusion: Specific strategies, including targets, to increase gender equality, diversity and inclusion amongst parliamentarians and their staff, and regular measurement and public reporting to monitor progress.
3. Systems to support performance: Establishing a centralised Office for Staffing and Culture to support parliamentarians and their staff that has the authority to set and enforce standardised HR policies and processes.
4. Standards, reporting and accountability: Establishing an Independent Parliamentary Standards Commission to provide safe and supported reporting options and oversee and enforce Codes of Conduct to hold people to account for misconduct through sanctions.
5. Safety and wellbeing: A proactive focus on safety and wellbeing to mitigate the risk factors for misconduct, including a holistic health and wellbeing service and alcohol policies, with a view to restricting access in line with harm minimisation and safety.
“There is a stark contrast between the complexity and gravity of the work being done in parliamentary offices and the lack of sophisticated workplace structures and practices to support this work,” Commissioner Jenkins said.
“That can and should change.”
What you can do
1. If you are or have ever been employed under the MOPS Act, make a submission to its review
2. If you are in a workplace where you believe you are being bullied or harassed seek help
3. Before the federal election find out if your local candidates, if elected to parliament, would make sure all 28 recommendations in the Jenkins Report are delivered by the next government
4. If you have ever been bullied or mistreated in a workplace, keep this issue alive.
