NSW ministerial staff must enjoy same work rights as others

The problems in workplace culture in the Federal Parliament have dominated the news cycle this year but unfortunately it seems likely NSW Parliament is no better.

Former Liberal staffer Brittany Higgins’ allegation of sexual assault by a male colleague exposed a variety of issues with the system surrounding complaints and the treatment of victims. Higgins has been highly critical of the response to her calls for change and has found strong support with women – both in politics and beyond.

As the federal government awaits a review from Sex Discrimination Commissioner Kate Jenkins, NSW Premier Gladys Berejiklian on Wednesday released a report from former Coalition minister Pru Goward on bullying, harassment and sexual misconduct in state ministerial offices.

Her report found the risk of bullying and sexual harassment of ministerial and parliamentary staffers is similar on Macquarie Street to Canberra.

While Ms Goward was not asked to make findings on how big the problem is in NSW, she instead made recommendations to change the culture.

In support of her arguments, Ms Goward cited evidence from the Respect@Work report by the Australian Human Rights Commission on sexual harassment, which found that 33 per cent of people who had been in the workforce for the previous five years had experienced sexual harassment. Surveys of the parliaments of South Australia and New Zealand produced similar results.

NSW Parliament is in some respects an easier place to work than Canberra. Many members and staffers can live at home in Sydney during sitting weeks, sparing them the punishing, itinerant lifestyle which may contribute to Federal Parliament’s problems.

NSW has a female premier, but the gender balance in the NSW Parliament is roughly the same as in Canberra. There are 33 female MPs in the lower house out of 93, compared with 45 out of 151 in the House of Representatives.

And the culture of the NSW Parliament, which since the 19th century has been nicknamed “the bear pit”, has often been blokey and aggressive. Anyone listening to question time will agree.

Ms Goward’s report has made 13 recommendations to change this culture. She says that the protection available to ministerial staff is “unclear, ineffective and inadequate”. They can be sacked almost at will.

They are in a uniquely vulnerable position because they know that if they make a complaint it could become a political issue which could damage their career and the political party they believe in.

“The value placed on loyalty to the minister, the government and the political party may conflict with considerations about the duty of care to the welfare of staff,” Ms Goward’s report states.

The remedy is to train ministerial and parliamentary staff about their rights and give them similar avenues for complaint to other employees. If they make a complaint, the matter should be handled by an independent person and their anonymity should be protected. Clear rules are needed for handling complaints and they must be protected from retribution.

Yet the complicating factor about the workplace of Parliament is that their bosses – ministers – are not subject to the same legal sanctions as elsewhere. They can only be dismissed from Parliament for clear breaches of the law and it is the Premier’s prerogative to sack them from cabinet.

Ms Goward’s report should form a blueprint for change. While parliamentary offices are by their nature unusual workplaces, staff must be subject to the same standards as the private sector.

Having commissioned the report, NSW Premier Gladys Berejiklian is clearly open to make the changes necessary to ensure all workers who make complaints can be supported through the process and enjoy their workplaces free from inappropriate behaviour. It would be a strong step toward equality in all workplaces.

Note from the Editor

The Herald editor Lisa Davies writes a weekly newsletter exclusively for subscribers. To have it delivered to your inbox, please sign up here.