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Canberra parliamentary staff need a new independent complaints mechanism to deal with incidents of alleged sexual assault and harassment as well as serious bullying, a review found.
The Foster report, released on Friday, found that a so-called serious incidents team should be set up to deal with sexual assaults such as the one alleged by Brittany Higgins who claims she was raped in a minister’s office by a colleague in 2019.
The PMO and Cabinet on Friday released Assistant Secretary Stephanie Fosters’ review, which found that the existing system did not set clear standards for parliamentarians and staff, was not accountable and lacked sufficient ” an independent complaints mechanism.
A recurring theme in the consultations was the importance of independence from the employer, political parties and executive government, according to the review. As the fear of being seen as a troublemaker can be a barrier to reporting, especially in a parliamentary context, independence is particularly important.
The publication of the reviews comes as ACT police have told Guardian Australia they have opened an investigation into an alleged revenge pornographic incident related to the sharing of intimate images taken in Parliament.
A week after a Liberal staff member was fired in March for committing a solo sex act on an MP’s desk, a report was sent to ACT police accusing the whistleblower who reported the alleged workplace misconduct at Network Ten for breaking vengeful pornography laws.
ACT police said on Friday after receiving a report on March 30 that an investigation was underway into the case.
Foster, meanwhile, recommended that in its initial phase an independent mechanism should cover complaints related to the current legislature and when parties have remained in parliament or their employment is still covered by the Parliamentary Staff Act. .
Such a restriction would prevent the agency from investigating incidents such as the alleged rape of Higgins by a Liberal colleague in Linda Reynolds’ office, the solo sex incident and former employee Rachelle Millers complains about being frozen after a consensual affair with Alan Tudge. .
Guardian Australia revealed on Friday that Higgins had been hospitalized to protect her mental well-being after months of scrutiny following her explosive allegation.
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Labor lobbied Reynolds on Friday in Senate estimates on his handling of the alleged incident, including the fact that the staff member accused by Higgins was only fired 10 days after leaving office.
Reynolds declined to respond on the grounds that it could interfere with the police investigation into Higgins’ complaint. When Labors Katy Gallagher and Penny Wong persisted, Reynolds objected to their opinion that she was not reacting.
I answered your questions to the point where you pinned me to the ground and ended up in the hospital, Reynolds said, referring to his recent period of sick leave. The assessment session was suspended shortly after the acrimonious exchange and resumed with another line of questions.
In his review, Foster described parliament as a pressurized, complex, inherently insecure and intensely political environment with a culture of scrutiny, power dynamics, concerns about job security creating a reluctance to step forward. complaining and a reluctance to challenge the unacceptable behavior of high-value staff and parliamentarians. .
Foster said the review, sparked by deeply distressing reports of an alleged sexual assault in a ministerial office in March 2019, was a watershed moment for parliament to change its culture.
The main recommendation is that a complaints mechanism be put in place based on the Parliamentary Service Commissioner, overseen by the Speakers of the House of Representatives and the Senate, ensuring the independence of the executive and employing parliamentarians.
This mechanism should ensure proportionate consequences for complaints that are upheld, Foster said.
However, when the alleged perpetrator of inappropriate workplace conduct is a parliamentarian, it will always be up to parliament to determine a sanction.
Within the mechanism, Foster proposed a Serious Incident Team, capable of appointing independent experts to conduct a review of alleged incidents and provide referrals to police or specialist support services.
The review recommended that after-hours access to parliament be recorded and flagged to deter non-work-related access, and new protocols for parliamentary security to report suspected incidents.
While Foster’s review has already led to the establishment of a 1-800 helpline and training for parliamentarians and staff, the rest of its recommendations will now be put into consultation before a final report.
Finance Minister Simon Birmingham said the critical recommendation of an independent complaints mechanism would require complex work, but consultation in parliament would begin immediately.
The Morrison government has also commissioned a review by Gender Discrimination Commissioner Kate Jenkins, whose report is expected later this year.
AFP Commissioner Reece Kershaw told a Senate committee last week that an evidentiary package would likely be provided to the ACT Director of Public Prosecutions in the coming weeks regarding Higgins’ allegation.
An evidence package is sent to prosecutors if investigators consider that enough evidence has been gathered to support a criminal charge.
In Australia, the Lifeline crisis assistance service is 13 11 14.
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