What can we do about our toxic parliaments?

Efforts to improve the work culture in Australia’s federal parliament are underway, with one of the biggest changes still on the horizon. 

A proposal for a new independent body to enforce better standards of behaviour is expected to be debated in parliament in the coming months.  

Experts say the implementation of an Independent Parliamentary Standards Commission, would play a crucial role in making the corridors of power safe for everyone. 

Maria Maley is a senior lecturer at the School of Politics and International Relations at The Australian National University (ANU), and co-authored Toxic parliaments and what can be done about them with Emeritus Professor Marian Sawer. 

Speaking at the book’s launch, Maley said that while the bill proposing the commission has not been made public, it will likely involve compromises. 

“I’d like to think none of those [compromises] are watering down this commission. So, I would say to parliamentarians, please ensure that it has the strong powers it needs to do the job.” 

A need for change

Parliament’s toxic culture was brought to public attention following highly publicised allegations of sexual assault made by former political staffer Brittany Higgins.   

In the years since, nationwide protests, ongoing high-profile legal cases, independent reviews and widespread reports of misconduct have emphasised the need for parliamentary workplace reform. 

At the launch of her book, Maley highlighted three key elements needed to create safe parliaments, including rules on appropriate conduct, an independent enforcement mechanism and an independent Human Resources (HR) function.  

Previously, the HR function for parliamentary workers was managed by the Department of Finance, but a 2021 union survey found that workers didn’t trust the department to investigate bad behaviour impartially. The Parliamentary Workplace Support Service was established in its place. 

“[The body] has the power to mandate certain employment practices, find data on what’s happening in parliamentarians’ offices report that data,” Maley said. 

She emphasised the importance of the HR function having “teeth” in order to successfully drive a change in culture. 

 “If it were to take a softly-softly approach and an advisory approach, it would just be Department of Finance mark two.”  

Former Sex Discrimination Commissioner at the Human Rights Commission, Kate Jenkins AO, led the Independent Review of Parliamentary Workplaces. At the Toxic parliaments launch, she said that the work to improve parliaments is structural and long term. 

“While our review was triggered by the allegations by Brittany Higgins, I acknowledge that many people have experienced misconduct in the workplace,” Ms Jenkins said. “A review doesn’t solve ongoing trauma, but I’ve seen it does give hope that things are changing.” 

The review of parliament found one in two people working in parliament have experienced at least one incident of bullying, sexual harassment, or actual or attempted sexual assault. Some interviewed had multiple experiences that covered the remit of misconduct.  

As a result of Jenkin’s parliamentary review and the Australian Human Rights Commission’s Set the Standard report, federal parliament now has a code of conduct and the Parliamentary Leadership Task Force – a cross-party and cross-chamber body tasked with implementing all 28 recommendations. 

Ms Jenkins said that making parliaments less toxic is important for our democracy. 

“I’m mindful of the need of those people who are facing some of the most challenging environments to have the best possible environment to enable them to do our best work, their best work, because we all need them to perform well, no matter what political colour they might be,” she said. 

“I heard of a uniform desire from changes across all corners of the parliament. Not one person said the review was not warranted, and many said it was badly needed. 

“This leadership and engagement is key to success. A report is one thing but bringing it to life is the other. And it’s also the key to success in all workplaces, in fact, not just in Parliament. 

“I’m determined that workplaces understand that sexual harassment and bullying are systemic risks, requiring positive, proactive steps toward prevention.” 

Not the time to go weak in the knees

The proposed bill to create an Independent Parliamentary Standards Commission is set to be introduced in August. If successful, the commission would enforce the standards of behaviour within the newly-created code of conduct – including receiving complaints of bullying, sexual harassment and sexual assault. 

“This is the hardest part of all these [recommended] changes, and it’s been problematic in other countries with Westminster systems,” Maley said. 

Maley notes that these changes often need to strike a balance between procedural fairness and suitable levels of independence from partisan politics. In the United Kingdom, the Parliamentary Commissioner for Standards has been criticised by elected officials for unfair decisions and slow processes.  

Meanwhile, in New Zealand, it took several years of debate before an independent commissioner was established. Parliamentarians expressed concern at the idea of someone “sitting in judgement”. 

With the Parliamentary Leadership Taskforce set to disband at the end of the year, there is some time pressure for the passage of this bill. 

“[When the taskforce disbands] where is the leadership going to come from? Culture isn’t a set and forget, so I would hope that another leadership body would be established. A culture change committee, for example – they have them in the UK,” Maley said. 

Fortunately, parliamentarians appear to have an appetite for positive change. Maley recalled Deputy Speaker of the House of Representatives, Sharon Claydon saying that “there is no place for us to get weak at the knees now”. 

Toxic parliaments and what can be done about them is available here.