Appendix 6

Comparison of codes of conduct for parliamentarians in Australia and internationally

Comparison of parliamentarian codes of conduct
Code
BHD1 provision
Legal requirements of relevant workplace laws
Safety factors: respect
Safety factors: diversity
Reference to specific forms of discrimination
Compliance obligations
Obligation to act on misconduct allegation
Operation provisions (relating to misconduct
NSW: Members
Yes
Yes – only sexual discrimination law
Yes
No
No
Yes
No
-
QLD: Members
Yes – only reference to avoiding ‘abusive, obscene or threatening language or behaviour
Yes – anti-discrimination law, and the legal obligations of Members as Parliamentary Service employers relating to discrimination and harassment
Yes
Partial – ‘proper regard to… cultural differences’ of staff and public
No (other than a reference to need to respect ‘cultural differences’)
No
No
Partial
TAS: Members
Yes
No
Yes
Yes
No
No
No
No
TAS: Ministers
Yes
No
Yes
Yes
No (it does state though that ‘Ministers are to value diversity and work respectfully with people of different cultures, ages, ethnicities, religions, abilities, and sexual orientations and identities’)
No
Must report other Ministers
Limited
SA: Ministers (SA does not have a Members code of conduct)
Yes
Yes – only sexual harassment and discrimination law
No
No
Yes, in reference to the protected attributes under the Equal Opportunity Act 1984 (age, race, disability, sex, gender identity, sexual orientation, or caring responsibilities)
No
No
No
ACT: Members
Yes – in reference to legal requirements of workplace laws
Yes – legal obligations of Members to their staff relating to discrimination, harassment and bullying
Yes
Partial – ‘observe respect for differences’
No
Yes
No
Partial
ACT: Ministerial
No
Yes – ACT human rights law
Yes
No
No
Yes
No
?
NZ: Members
Yes
No
Yes
No
No
No
No
No
UK: Members, staff and all visitors
Yes
No
Yes*
No
No
Yes*
Yes*
Yes*
Canada: Members
Yes – only sexual harassment
No
No
No
No
Yes
No
Yes
Scotland: Members
Yes
No – refers to other mandatory policy documents#
Yes
No
No
Partial – refers to mandatory policies#
No
Contained in other policy documents#
Scotland: Public bodies
Partial
Partial – sexual harassment
Yes
Yes
No
Yes
*Code is high level behaviour expectations with details in supporting policy documents.
#Code is high level behaviour expectations with details in supporting policy documents.

Below are explanations of the categories recorded by the following table:

Contains explicit banning of bullying, harassment, and discrimination: whether the code of conduct includes a provision prohibiting bullying, harassing or discriminatory conduct. In cases where some but not all the above-described conduct is explicitly prohibited, the field has been marked ‘yes’, with an explanation of what is and isn’t covered by the relevant provisions. The above includes cases where references to bullying, harassment, and discrimination is only included in an outline of external workplace laws and policies, but not where such a reference can only be found in the external materials themselves.
Refers to legal requirements of relevant workplace laws: does the code of conduct refer to laws which place obligations on parliamentarians to act in a certain way towards their staff, or other individuals they work alongside in the Parliament? This could include specific references to sexual harassment, anti-discrimination, or equal opportunity laws, as well as employment agreements or general workplace health and safety laws (but not merely a general requirement to comply with the law).
Safety: Respect: does the code of conduct include a provision requiring parliamentarians to treat their staff and others in a respectful manner (in addition to provisions prohibiting bullying harassment and discrimination?
Safety: Diversity: does the code of conduct include provisions relating to diversity or respect for cultural, ethnic, religious, or other differences (in addition to provisions prohibiting discrimination)?
Reference to specific forms of discrimination: whether the code refers to specific types of discrimination, such as sexism, racism, ageism, homophobia or transphobia, or either generically refers to discrimination, or does not reference discrimination at all.

  • 1
    Bullying, harassment (including sexual harassment) and discrimination (BHD provisions)

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