A new body charged with investigating allegations of misconduct by politicians, and with the power to dock them up to 5 percent of their pay or suspend them, has been proposed according to a leaked draft of a new bill.
Three years after an independent inquiry characterised parliament’s workplace culture as “revolting and humiliating” in the wake of former staffer Brittany Higgins’ allegation she had been raped in a minister’s office, the government has moved to action one of its major recommendations—to establish an Independent Parliamentary Standards Commission.
The Commission would not be subject to influence by politicians. It would consist of six part-time commissioners with the power to investigate complaints against parliamentarians, staff, or other parliamentary workers such as the press gallery and lobbyists.
If the person is found to have committed a breach and was not employed directly by Parliament, the finding would be passed on to their employer to decide on any consequences.
However, politicians accused of misconduct would be treated differently from other people, with complaints against them considered by three commissioners instead of just one for allegations against staffers and others.
Public Service Minister Katy Gallagher said sanctions were “the whole point of it.”
“We’ve established the parliamentary workplace support service that does handle complaints ... but this other body will be set up, and part of the whole purpose of this body is to look at complaints.
Breaches that incur sanctions include workplace safety issues, such as sexual assault, violence, harassment, bullying and discrimination.
Drunkenness is not listed as a breach, but the document does specify that “alcohol is no excuse for breach of this code or the standards.”
Confidentiality Will Apply
Everyone involved in an investigation—including witnesses, complainants, and respondents—would have to sign confidentiality agreements when the commission begins an investigation, and failure to comply will be an offence.Outcomes of investigations will not automatically be made public—a parliamentarian decision panel will decide whether to make a public statement identifying the politician depending on whether the conduct was considered serious.
Alternatively, findings could be kept secret, with the Commission’s proceedings exempted from freedom of information laws and the Archives Act for 99 years.
If the commissioners find misconduct proven, a politician faces a reprimand, training or professional development, a behaviour agreement with the commission or a fine of 2 to 5 percent of their base salary.At $217,060, that would mean a penalty of between $4,341 and $10,853.
The commissioner can also recommend a politician be discharged from a committee or suspended from parliament.
The new body is supposed to be established and operational by October.
Before that can happen, a majority of politicians in both houses need to vote to empower the committee.
Minister Gallagher, who leads the bipartisan task force working on the code, told a Senate Estimates hearing in February that she anticipated considerable, and heated debate when the legislation was tabled.
“I think people are naturally cautious about setting up systems where people can be brought before it and punished,” she said.
