Code holds ‘untouchable’ MPs to higher standard

Federal parliamentarians could be suspended from or censured by the parliament if they severely breach a new parliamentary code of conduct endorsed by both houses on Wednesday.

Sex Discrimination Commissioner Kate Jenkins. Picture: NCA NewsWire / Joel Carrett

Federal parliamentarians could be suspended from or censured by the parliament if they severely breach a new parliamentary code of conduct endorsed by both houses on Wednesday.

Recommended by the Jenkins’ report into parliamentary culture in the wake of a series of scandals in Canberra, the code will seek to promote ethical standards for both MPs and their staff and prevent incidences of sexual harassment, bullying and discrimination.

Writing in The Australian on Thursday, Sex Discrimination Commissioner Kate Jenkins says these new systemic reforms would help to change a “longstanding culture of abuse” within Parliament House as well as set a wider standard for Australian workplaces.

Ms Jenkins says parliament has already made significant improvements, including better protections for staff against discrimination and unfair termination, new teaching programs, a new workplace support service and family friendly changes.

“We called the review ‘Set the Standard’ precisely because parliament is a standard bearer for workplaces all around the country,” Ms Jenkins writes.

“If parliament can make these improvements – particularly given the embedded challenges of power imbalances, irregular employment conditions, and a longstanding culture of abuse – then surely any workplace in the country can introduce positive changes to achieve a more respectful work environment.”

The code of conduct is applicable from Wednesday but will not be enforceable until parliament sets up a new body to receive and investigate complaints and then recommend sanctions for potential breaches.

Lower level sanctions may be imposed without needing to disrupt the operation of parliament, however more serious misconduct is likely to be dealt with by the parliament in the form of a censure. The most extreme punishment for an MP would be suspension.

In an interview with The Australian, Ms Jenkins said her review found a commonly held belief among staffers that parliamentarians were “untouchable”, but this new code would give them an avenue to seek justice.

“Staffers would say they’ve been elected, and there’s nothing that can be done in this system, and it’s not true that nothing can be done,” Ms Jenkins said. “Our report looked at recommendations and the mechanisms that parliament could take action, but also just (the code) existing will have a deterrent effect and give staff the confidence if they need to speak up.”

The introduction of a parliamentary code of conduct has been repeatedly rejected in the past. In 2020, the major parties agreed the “best scrutiny mechanism for the conduct of parliamentarians is free and fair elections”.

Speaking in the House of Representatives on Wednesday morning, Anthony Albanese said the landmark change was a chance for parliament to become a model workplace for all Australian employers to follow.

“These codes will set and enforce a better standard of integrity, dignity and mutual respect,” the Prime Minister said.