List of Recommendations

Recommendation 1

5.9

The committee recommends that parliamentary consideration of this report, including the proposed behaviour standards and codes, should maintain a primary focus on ensuring that Commonwealth Parliamentary Workplaces are safe and respectful for everyone who enters them.

Recommendation 2

5.32

The committee recommends the House of Representatives and the Senate adopt the following Behaviour Standards and Codes (as outlined in Appendix 1 of this report) into their respective standing orders in the first sitting week after the establishment of the Independent Parliamentary Standards Commission:

Behaviour Standards for Commonwealth Parliamentary Workplaces; and

Behaviour Code for Parliamentarians.

Recommendation 3

5.33

The committee recommends the adoption of interim behaviour standards, and therefore recommends that the House of Representatives adopt the following resolution:

that the Australian Parliament endorses the draft Behaviour Standards and Codes as presented in the Joint Select Committee on Parliamentary Standards’ final report, pending the establishment of the advisory and enforcement regime, and the final enactment of Behaviour Standards and Codes for parliamentarians, parliamentarians’ staff and Commonwealth Parliamentary Workplaces; and

that a message be forwarded to the Senate for its concurrence.

Recommendation 4

5.34

The committee recommends that the Behaviour Code for Parliamentarians’ Staff is formalised through employment-related mechanisms.

Recommendation 5

5.35

The committee supports the recommendation to establish an Independent Parliamentary Standards Commission as proposed in the Australian Human Rights Commission’s Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces (2021).

Recommendation 6

5.36

The committee recommends that in establishing the Independent Parliamentary Standards Commission, the Australian Government and the Parliament legislate a range of sanctions including, but not limited to, those proposed in the Australian Human Rights Commission’s Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces (2021).

Recommendation 7

5.41

The committee recommends further development of guidance material by the proposed Independent Parliamentary Standards Commission to provide a clear understanding of the extent of:

the official role of a parliamentarian that will be subject to the Behaviour Standards and Codes; and

the official role of a parliamentarian’s staff that will be subject to the Behaviour Standards and Codes.1

Recommendation 8

5.49

The committee supports the recommendation of the Department of the Prime Minister and Cabinet to clarify the obligations of parliamentarians as employers in the Members of Parliament (Staff) Act 1984.

Recommendation 9

5.51

The committee recommends the formation of a staff and staff representative consultation group that remains engaged in the further development and implementation of these Behaviour Standards and Codes—including subsequent guidance materials, education and training, evaluations and reviews. This consultation group should also be engaged in the establishment of the entities responsible for enforcement and workplace policies.

Recommendation 10

5.56

The committee recommends that the Australian Government and the Parliament give consideration to the appropriate entity and framework to conduct a review of the Behavioural Standards and Codes, and the advisory and enforcement mechanisms. The committee recommends that the initial review is conducted one to two years after the establishment of the proposed Independent Parliamentary Standards Commission and the adoption of the Behaviour Standards and Codes. The committee recommends that subsequent reviews are conducted once every new Parliament.

5.57

The committee also recommends that the Australian Government and Parliament commence a process to develop integrity and ethical obligations and consider how these may be incorporated with the Behavioural Standards and Codes.

Recommendation 11

5.60

The committee recommends that the Parliament should determine the appropriate role of a future Joint Standing Committee on Parliamentary Standards, as part of the establishment of the proposed Independent Parliamentary Standards Commission.

Recommendation 12

5.65

The committee recommends early consultation between the presiding officers, relevant privileges committees and the Independent Parliamentary Standards Commission, when established, to consider issues related to the intersection of the Behaviour Standards and Codes and parliamentary privilege.

Recommendation 13

5.71

The committee recommends that guidance material on the Behaviour Standards and Codes should be developed by the proposed entity responsible for workplace policies and made available when the Behaviour Standards and Codes and enforcement regime come into effect.

Guidance material should include definitions and examples of prohibited behaviours and should be drafted in consultation with impacted groups within the parliamentary community.

Recommendation 14

5.72

The committee recommends that guidance material and policies on vexatious, frivolous and unreasonable complaints in relation to the Behaviour Standards and Codes are developed in conjunction with the Parliamentary Workplace Support Service. These materials should also be made available in the same way as other policies.

Recommendation 15

5.76

The committee recommends that the supporting material to be developed by the proposed entity responsible for workplace policies, include a one-page document similar to Appendix 2. The document can be displayed alongside the Behaviour Standards in Commonwealth Parliamentary Workplaces. It should explain what each of the standards means and why they are important.

Recommendation 16

5.80

The committee recommends a proactive approach to education and training when implementing the behaviour codes. This training should reflect best practice, be accessible to all and be properly resourced. Training on safe and respectful workplace behaviour and the Behaviour Standards and Codes should be mandatory as should the transparent reporting of parliamentarian and staff participation. In addition, parliamentarians should be provided with mandatory training in people management and inclusive leadership, including anti-racism, disability discrimination and First Nations cultural awareness.

1

Parliamentarian’s staff are those employed under the Members of Parliament (Staff) Act 1984.

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