Paul Starick analysis: Review of harassment in South Australian Parliament released within days

A proposed antidote to the poisonous culture infecting Australia’s parliaments is expected within days. Paul Starick analyses if it will be enough.

A proposed antidote to the poisonous culture infecting Australia’s parliaments is poised to be revealed within days.

It is understood the state Equal Opportunity Commission’s Independent Review of Harassment in the Parliament Workplace will be tabled in parliament during its next three-day sitting, which starts on Tuesday.

A parliamentary Christmas party in 2019, at which it is alleged the-then Liberal MP Sam Duluk assaulted upper house crossbench MP Connie Bonaros, was a catalyst for the review.

It is likely that a bizarre lack of policies governing the working arrangements of MPs and their staff will be a target of the review, even though the state parliament is less chaotic than its federal counterpart.

Debate in the latter has been consumed by the alleged rape of Brittany Higgins, a former staffer for Defence Minister Linda Reynolds, in the senator’s Parliament House office by a former male colleague in 2019. This triggered a stern warning letter to Prime Minister Scott Morrison from Australian Federal Police Commissioner Reece Kershaw, declaring he “cannot state strongly enough the importance of timely referrals of allegations of criminal conduct”. As Hindmarsh MP Mark Butler observed, it is “extraordinary that we would need to be told that we’d have to report criminal activity in the nation’s parliament”.

Federal parliament is a working environment like no other. MPs, parliamentary staff and journalists mix by day in the seat of national power. At night, they retire to the restaurants and bars nearby. During sitting weeks, it’s like a private school boarding house, where the residents live, work and play together. In keeping with the institution, the structure is hierarchical. There is a distinct pecking order across ministerial offices, the press gallery and parliamentary staff.

As an anonymous former federal staffer writing in The Mandarin blog for public sector professionals highlighted on Monday, ministerial and electorate offices are small, autonomous teams – plus the latter are unregulated. A staffer’s employment is tied to their boss’s success. If a minister loses their job through a reshuffle, so do his or her staff. This is replicated at a state level. For example, former transport minister Stephan Knoll’s ministerial staff lost their jobs when he quit the Cabinet last July.

As the former federal staffer writes, there is limited scope for complaints about working conditions. “These matters are dealt with by the member or senator – but being a good manager isn’t a prerequisite for election. If your boss is the perpetrator of bullying, harassment or intimidation, a complaint could lose you your job. If your problem is with a fellow staffer, there’s a chance your boss lacks the skills, or the desire, to resolve your complaint. For many staffers, the only choice is to put up with it or leave,” the staffer writes.

The terms of reference for the Equal Opportunity Commission review, issued by both houses of state parliament last November, request recommendations as to “any legislative, regulatory, administrative, legal or policy gaps that should be addressed in the interests of enhancing protection against and providing appropriate responses to harassment”. Parliament also requested recommendations on any other action necessary to address harassment, increase awareness about its impact and to improve culture.

Premier Steven Marshall, Attorney-General Vickie Chapman and Child Protection Minister Minister Rachel Sanderson at Old Parliament House in February. Picture: Naomi Jellicoe

Laws were passed last October to ensure MPs were covered by sexual harassment laws in their dealings with other MPs. As Attorney-General Vickie Chapman said at the time, this rectified “a significant flaw in the existing legal framework”.

The culture of state and federal parliaments will be harder to tackle. It is noteworthy – arguably outrageous – that Australia has had only one female prime minister and South Australia is yet to have a female premier. This is despite extremely professional women excelling in politics, in most parties and at a state and federal level.

Victorian Labor MP Clare O’Neil issued a challenging explanation this week, arguing “there is a greater sense of male entitlement in Australia’s parliament than in any workplace I have seen”.

The former engagement manager for renowned consultancy McKinsey and Company highlighted that men dominate the lower house, occupy almost all critical positions in both major parties and the vast majority of senior staffing roles.

Five of Premier Steven Marshall’s 16 ministers are women, as are seven of Labor leader Peter Malinauskas’s 14-member Shadow Cabinet. Ms Chapman and Labor environment spokeswoman Susan Close are deputy leaders. Both leaders have made significant, genuine efforts to promote women.

The Equal Opportunity Commission review’s release is a potential watershed moment in Australian politics, partly due to its timing.

The strength of its recommendations and MPs’ willingness to act decisively to improve behaviour remain open questions.