Action on harassment to put onus on MPs

Politicians and judges may soon be held personally liable for sexual harassment at work.

Social Services Minister Anne Ruston was given the extra title of Women’s Safety Minister in Scott Morrison’s reshuffle. Picture: Naomi Jellicoe

The Sex Discrimination Act could be strengthened so politicians and judges are held personally liable for sexual harassment at work, in a move the Morrison government hopes would ensure all commonwealth employees are accountable for their behaviour.

Social Services Minister Anne Ruston, whose title now includes Women’s Safety Minister after Scott Morrison’s cabinet reshuffle this week, also revealed in an exclusive interview with The Weekend Australian that the gov­ern­ment would look at introducing laws to give women fleeing violent relationships access to shared ­assets with their partners.

Pressure has been mounting on the Prime Minister to take action to better protect women at Parliament House and around the country after his government became embroiled in controversy over its handling of rape and sexual harassment allegations.

It is understood the government will hand down its response to the Respect@Work report, released by Sex Discrimination Commissioner Kate Jenkins in March last year, as early as next week. The response still has to be signed off by the new women’s taskforce and by federal cabinet.

Senator Ruston confirmed the government was discussing a proposal put forward by independent MP Zali Steggall — and first recommended by the Australian Human Rights Commission in 2008 — to amend the SDA so that statutory appointees, judges and MPs are adequately protected, as well as personally liable, for sexual harassment at the workplace.

The law as it stands is unclear around whether a politician, judge or statutory appointee who engages in discriminatory or sexually harassing conduct can be responsible or named directly in a claim under the SDA.

“The substance of what Zali Steggall has been referring to is something that actually was raised in the Respect@Work report Kate Jenkins has compiled,” Senator Ruston said. “As part of the consideration of that report that’s currently under way by government, those types of opportunities for ­reform are being considered.”

When introducing her Prohibiting All Sexual Harassment Bill last month, Ms Steggall said much of the sexual harassment that former High Court justice Dyson Heydon was alleged to have committed against ex-staff members was not illegal under the SDA due to the nature of the employment arrangement between judges and their associates. Mr Heydon has denied all allegations.

While sexual assault in parliament — such as the alleged rape of former Liberal staffer Brittany Higgins by her colleague — was captured under criminal law, she said sexual harassment and behaviour that enabled conditions that contributed to assault must be illegal in all circumstances.

Senator Ruston suggested federal parliament could debate a set of standards on sexual harassment and discrimination once Ms Jenkins handed down a separate report in November this year into the building’s workplace culture.

The next national plan to reduce violence against women and children, due to begin next year, is expected to have a larger focus on coercive control and financial and technology-facilitated abuse, as governments consider how to help women get out of relationships ­before they become violent.

The Minister noted that ­social media had been “one of the very strong new elements of abuse” against women.

“One of the worst things that happen with social media is the fact that people can make comments and remain anonymous. Those are the kinds of things we should be looking at because it’s pretty traumatic to be abused by somebody when you don’t even know who they are,” she said.

There could also be new state or federal laws to help women once they’ve decided they’re going to leave an abusive relationship.

“While 22 per cent of women living in the lowest socio-economic areas experience violence from a partner or previous partner, 13 per cent of women living in the highest socio-economic areas also experience violence,” Senator Ruston said.

“People who are experiencing domestic violence come from all walks of life. It is a really tough ­decision to leave a violent relationship when you’re actually leaving everything behind. The ability to have a quick and easy pathway where women are able to get access to the assets they jointly own when they’re fleeing a situation I think is something we do definitely need to look into.”

State and federal women’s safety ministers will meet next week to discuss the fifth national plan and an upcoming summit on the prevention of domestic violence.

Senator Ruston said the government was keen for Australian of the Year Grace Tame, who on Wednesday criticised the Prime Minister’s reshuffle as a “calculated distraction” posing as a solution, to be involved in the summit.

Women’s safety ministers will also consider 88 bipartisan recommendations from a federal parliamentary committee’s inquiry into family, domestic and sexual violence as part of the next national plan.

Chaired by Liberal National MP Andrew Wallace, the committee’s recommendations included developing a national family, domestic and sexual violence death toll; that people who open or maintain a social media account must by law identify themselves using 100 points of ID; and that a public register of convicted offenders could be introduced.