MPs who sexually harass colleagues to be held to account by Equal Opportunity Commissioner

The Equal Opportunity Commissioner had no power to investigate MPs who sexually harass fellow MPs. This has all changed now after State Parliament amended the laws to hold MPs to account.

MPs who sexually harass fellow parliamentarians will no longer be exempt from investigation by the Equal Opportunity Commissioner.

Amendments to the Equal Opportunity Act, that will mean sexual harassment laws will extend to MPs and judicial officers, were passed by State Parliament on Tuesday.

The changes allow parliamentarians and judicial officers to lodge sexual harassment complaints about their colleagues with the Equal Opportunity Commissioner and have their grievance dealt with under the Equal Opportunity Act.

If a complaint is not resolved by conciliation, it will go before the South Australian Employment Tribunal.

Those who do not comply with the conciliation process face a $2500 fine.

Attorney-General Vickie Chapman said the amendments brought the state’s sexual harassment laws in line with community expectations.

New laws to hold to account MPs who sexually harass colleagues have been passed by State Parliament. Pictured is Attorney-General Vickie Chapman.

“The public expect parliamentarians to held to the same legal standard as everyone else and this legislation rectifies a significant flaw in the existing legal framework,” she said.

“These changes subject parliamentarians to a far higher standard when it comes to this type of inappropriate behaviour and ensure there are clear mechanisms in place to allow for allegations to be investigated thoroughly and promptly.”

Ms Chapman said the previous Equal Opportunity Act made no reference to MPs who sexual harassment fellow MPs.

“Sexual harassment is unlawful behaviour and, in this day and age, there is no reason why MPs or judicial officers should be immune from these laws,” she said.

“These changes will ensure MPs and judicial officers are held to account, for behaviour that is unacceptable in any workplace.”

Loopholes in the Act came to light earlier in the year when former Liberal MP, now Independent, Sam Duluk was accused of slapping SA Best MP Connie Bonaros on the bottom at a Christmas function in Parliament House.

Ms Bonaros said she was “extremely pleased the Government has seen sense and supported the amendments”.

“This is a good first step but we still have a very long way to go,” she said.

“We cannot continue to maintain different standards when it comes to sexual harassment in particular, based on one’s profession.

“There is no excuse for sexual harassment and, if anything, our lawmakers and those who apply and interpret our laws should be subject to higher standards not take advantage of outdated exemptions.”

Mr Duluk was charged by police with one count of assault over the alleged Christmas party incident.

He appeared in the Adelaide Magistrates Court last week and has yet to enter a plea.

Opposition legal affairs spokesman Kyam Maher said the amendments meant sexual harassment by MPs against MPs could now be “dealt with better and faster than before”.

“No workplace should tolerate sexual or other harassment and all workers deserve protection and support,” he said.