Labor revamps harassment code

Labor’s national secretary may appoint an ‘independent third party’ to investigate allegations of sexual harassment under a new complaints handling policy recommended to the party.

Labor MP Sharon Claydon, the chair of the party’s Sexual Harassment and Bullying Working Group. Picture: Shae Beplate.

Labor’s national secretary may appoint an “independent third party” to investigate allegations of sexual harassment under a new complaints handling policy recommended to the party.

Labor MPs and senior staff will also be issued with training on fostering a safe working environment, with a register to be established to document whether people are up to date with their tuition.

The ALP’s national executive has been given draft recommendations to adopt new procedures on dealing with sexual harassment and bullying by Labor MP Sharon Claydon, the chair of the party’s Sexual Harassment and Bullying Working Group.

National executive will meet on Friday and is likely to back a new code of conduct, national policy for sexual harassment prevention and response, national policy for harassment and bullying prevention response, and a national complaints handling policy.

The documents handed to national executive, obtained by The Australian, outline the people in the party designated to provide informal advice or receive formal complaints.

These include ALP Operations Manager Sandy Rippingale and three women from the National Labor Women’s Network: Kay Densley, Dimity Paul and Trish Marinozzi.

There will also be additional contacts provided for men, people living with a disability, First Nations people and LGBTIQ people.

Complaints should be referred to the ALP national secretary Paul Erickson with the consent of the complainant. They can be handled informally with a dispute resolution process set up between the complainant and the alleged perpetrator.

“Different methods of resolution may be used to resolve potential complaints, depending on the nature of the allegations, the seriousness of the alleged behaviour, and the wishes of the complainant,” the ALP’s National Complaints Handling Process says

“This can include self-resolution or informal resolution. Under this pathway, a complainant may express the wish to deal with a situation themselves but may seek advice on possible strategies from a support person, including an independent advocate before determining whether the matter has been resolved to their satisfaction.”

In a formal complaint, an independent investigator can be hired to provide written advice to the national secretary, who makes the decision on the action taken.

During the investigation, the complainant may be asked to provide written details of the

complaint or be interviewed.

The complainant may also be asked to provide an affidavit or statutory declaration.

The alleged perpetrator will be given seven days to respond through either written details or an interview. This would also be accompanied with an affidavit or statutory declaration.

“Where the complaint includes allegations in respect of criminal conduct the complainant should be actively supported in obtaining advice and assistance from qualified independent victim support services,” the ALP’s National Complaints Handling Process says.

“With the complainant’s consent, the complaint should be referred to the police or other investigative agency. Complaints referred to the police or other agency for investigation and prosecution will be determined by the outcome of the investigation or court verdict.”

The policy states that it would be “unfairly prejudicial for a respondent to be suspended or removed from their position before the resolution of any investigation, process or action in relation to a complaint”.

“The ALP will not comment on any complaint while it is being investigated or subject to any process or action in relation to a complaint,” the policy says.

A person who breaches the code can be suspended or expelled from the party.