Report into parliament’s culture proposes independent watchdog

Sex Discrimination Commissioner Kate Jenkins’ landmark report has shone a spotlight on the culture inside the nation’s halls of power.

Sex Discrimination Commissioner Kate Jenkins. Picture: Aaron Francis

An independent watchdog could be installed in Parliament House to receive disclosures of misconduct, handle complaints about breaches of a proposed code of conduct and recommend sanctions against MPs, senators and their staff.

A report by Sex Discrimination Commissioner Kate Jenkins, ­released on Tuesday, has shone a light on the culture inside the ­nation’s halls of power.

The 456-page report made 28 recommendations, including the establishment of two bodies – an Independent Parliamentary Standards Commission and an Office of Parliamentarian Staffing and Culture.

The OPSC would be located in parliament house, headed by a statutory officer and provide human resources support to MPs and staff employed under the Members of Parliament (Staff) or MOP(S) Act.

It would focus on standardising HR policy throughout parliament, respectful workplace training, and providing advice and support.

Allegations of misconduct or workplace complaints would be referred to the IPSC, which would also have the power to deal with historical complaints against ­people no longer in the building.

The two bodies would be kept separate to ensure there was no connection between human ­resources advice and the complaints, investigations and sanctions process.

The stand-alone IPSC would aim to create a consistent response to complaints of bullying, sexual harassment and assault in federal parliamentary workplaces.

The recommendation for the IPSC stemmed from the report’s survey finding that 45 per cent of federal political staffers would feel comfortable reporting an allegation of sexual harassment, assault or bullying to someone independent of their workplace.

The Human Rights Commission has also proposed establishing a joint standing committee on parliamentary standards within six months to draw up a draft code of conduct for MPs and their staff.

The IPSC would be tasked with policing the code of conduct, ruling on misconduct allegations and recommending sanctions. For more serious sanctions, the IPSC could make a recommendation ­directly to the relevant house of parliament.

Scott Morrison on Tuesday said the government was committed to cross-party consultation ­before finalising a position on the report.

The IPSC could initiate three types of action people who were disclosing potential breaches of the proposed code of conduct: the provision of support and advice for possible “de-identified disclosures”; the commencement of a “negotiated outcome” for informal complaints to help fix the problem; and the ability to conduct investigations into formal complaints, make findings and recommend sanctions. The IPSC could also dismiss a complaint if it was deemed to be vexatious.

There would also be an opportunity to appeal decisions made by the IPSC to a panel of commissioners.

The report proposed the IPSC chair and its commissioners be ­appointed for a non-renewable term of five years. It proposed that the powers of the IPSC be dele­gated from the houses of parliament so that it could not be directed by parliament in relation to any matter before it. It could also operate alongside but separately to the government’s proposed commonwealth integrity commission.

The IPSC would incorporate an expanded Parliamentary Workplace Support Service – the independent complaints body launched in September after it was recommended by a review into parliament’s workplace complaints procedures.