‘It’s up to victims to report crimes’: Kate Jenkins

Sex Discrimination Commissioner Kate Jenkins says MPs should not automatically report sexual assaults to the police.

Sex Discrimination Commissioner Kate Jenkins. Picture Kym Smith

Sex Discrimination Commissioner Kate Jenkins says MPs should not automatically report sexual assaults to the police, ­despite the head of the AFP warning parliamentarians about the risks of failing to report crimes.

The Morrison government has appointed Ms Jenkins to head an independent inquiry into workplace at Parliament House and its process of handling allegations of sexual harassment and assault. It established the inquiry in ­response to the 2019 rape allegation by former Liberal Party staffer Brittany Higgins.

Allegations of sexual assault have engulfed the Coalition in ­recent weeks, with a historic rape claim against Attorney-General Christian Porter set to stall the government’s industrial relations bill.

Ms Jenkins said the decision to report criminal conduct to the police should be guided by the victim. “In terms of victim-centric approaches it should be the individuals decision,” she told the ABC on Sunday.

“That shouldn’t be taken out of the hands of the victim.”

In the wake of Ms Higgins’ rape allegation, Australian Federal Police commissioner Reece Kershaw sent a letter to Prime Minister Scott Morrison warning MPs of the risks of failing to report crime. He said delaying referrals and disseminating allegations through the media could impede police ­investigations.

Ms Jenkins said the inquiry would design guidelines for MPs to clarify what they should do when made aware of an allegation of criminal conduct. She also told Sky News the review would ensure allegations of criminal ­activity were not disseminated through the media.

She flagged that the inquiry could recommend establishing an independent complaints body to deal with allegations of bullying and harassment.

“I can probably foreshadow that and based on other global ­experiences, that there will be looking at a mechanism that’s more independent, that’s more trusted, that means people can come forward without this fear,” she said.

The review will also scrutinise the Members of Parliament Staff Act, the legislation under which staffers are employed. Under the act, the authority to hire and fire rests with the MP or minister.

“It is so unusual, who has the power to hire and fire; all of that is slightly different to the average community,” she said.

The parliamentary workplace review will hear from current and former staff and MPs, including those who say they were assaulted or experienced harassment while working in parliament.