House of Assembly: Thursday, November 12, 2020

Contents

Motions

Parliament Workplace Culture Review

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government) (15:07): I move:

That this house—

1. Notes the prevalence and nature of harassment in the parliamentary workplace, including the perception of workplace culture, the impact of any harassment on individuals and the workplace culture, and any contributing factors to the prevalence of harassment.

2. Requests that the equal opportunity commissioner consider the reporting of harassment in the parliamentary workplace, including existing complaint mechanisms and any cultural and structural barriers, including potential victimisation, to reporting.

3. Requests that the commissioner undertakes a review into the response to complaints made about harassment in the parliamentary workplace, including legal and policy mechanisms in place governing responses, any sanctions available where harassment is confirmed and the way incidents of harassment have been handled by the parliamentary workplace in the recent past.

4. Requests that the commissioner provides recommendations as to—

(a) any action that should be taken to increase awareness as to the impact of harassment and improve culture, including training and the role of leadership in promoting a culture that prevents workplace harassment;

(b) any legislative, regulatory, administrative, legal or policy gaps that should be addressed in the interests of enhancing protection against and providing appropriate responses to harassment; and

(c) other action necessary to address harassment in the parliamentary workplace.

In so moving the motion, I wish to briefly address the circumstances surrounding the presentation. I move this motion in the terms consistent with discussions with the acting equal opportunity commissioner. I have been advised by her, and have confirmed, that she has had conversations with both the President of the Legislative Council and you, sir, as the Speaker of our House of Assembly. She has outlined in correspondence to the presiding officers that she is willing and able to undertake a review of the handling of harassment in the South Australian parliamentary workplace at a cost to be met by the parliament.

Also included in this correspondence were terms of reference, which have been adapted and contained in the motion that I have just read out to the parliament. Consequently, the motion is narrower and, I would suggest, less ambiguous in comparison to previous motions but indeed reflects the terms of reference proposed by the acting commissioner herself.

I am confident that it captures what members of the parliament wish to see. I acknowledge the member for Reynell has presented a motion to the parliament herself and, indeed, has taken an active interest in this matter but, as I repeat, this has been drafted consistent with the proposal of the acting equal opportunity commissioner herself.

Members will be aware that the Legislative Council passed a motion in February this year to progress an inquiry by the equal opportunity commissioner; however, that did not progress. There is value in both houses agreeing to a review being undertaken to ensure that all members have the opportunity to contribute if they wish.

Consulting the acting equal opportunity commissioner is evidence that this matter needs to come to a conclusion. I should confirm, of course, that the equal opportunity commissioner, who was extant at the time of the previous motion, has since left South Australia. The parliament has already noted the appointment of Ms Emily Strickland as the acting equal opportunity commissioner.

To be effective, obviously, it is clear that this needs to be across the whole of parliament. To ensure this review is undertaken and concluded in a timely manner—again, this is an issue that has been raised by the member for Reynell—I propose to seek an extension of the acting equal opportunity commissioner's appointment, which, of course, is a cabinet decision. I look forward to reading the recommendations of her report, therefore, early in the new year. In those circumstances, I commend the motion to the house.

Ms HILDYARD (Reynell) (15:11): I rise briefly to speak in support of this motion. As the Attorney-General mentioned, I did move a similar motion a number of weeks ago. In speaking to this motion, I do place on record my disappointment that debate on that motion was not supported when I moved it in this place a number of weeks ago; in fact, every attempt I made to expedite this important debate at this time and to speak at length about the appalling prevalence of sexual harassment in South Australian workplaces was shut down.

Notwithstanding that, we will support this motion so that this review that has long been called for can be conducted by our acting South Australian equal opportunity commissioner. This review has the potential to ensure the culture of our parliament does not tolerate sexual harassment and that it is doing all that it can to prevent it from occurring at all and to ensure appropriate, robust, internal processes are in place to deal with any incidences of it. I believe that this review will send a clear message to every person in this place, to staff members, visitors and our community that we as a parliament believe that harassment is utterly unacceptable in any setting and that sound, appropriate processes are crucial in eradicating it.

Sexual harassment is experienced by way too many women in workplaces and in many other areas of life right here in our state. Unfortunately, our parliament is no exception. Our South Australian community has been somewhat perplexed about why particular sorts of inappropriate behaviours occur in parliament with little to no consequences for perpetrators, whilst if other workers engaged in them, they would be sacked.

Unchecked, harassment occurring in this place can be an impediment to attracting women into parliament, and a lack of clear process and procedure for dealing with it and any other inappropriate behaviour is more than an impediment; it is a firm deterrent. Progressing this review gives our parliament a chance to clearly say to our community that we as a parliament believe this review and our workplace culture are important. It represents an opportunity to make things better for us, for future generations of parliamentarians and for our community as a whole.

The Equal Opportunity Commission's own website sets out detailed advice for workplaces in dealing with harassment. This advice absolutely focuses on the need for every step to be taken to prevent harassment from happening before it starts. The review that this motion contemplates can help us to take those steps. The impact on those who are harassed can be terrible. It can feel embarrassing, frightening, sickening, debilitating and oppressive. It can impact mental, physical and emotional health and wellbeing and relationships. In this place and everywhere else, and as the equal opportunity commissioner suggests, we must do all that we can to prevent and end it.

Creating workplaces free from harassment must include our own. Our community expects nothing less. I thank the acting equal opportunity commissioner for offering her services to the review and look forward to the recommendations.

Motion carried.

The Hon. V.A. CHAPMAN: Mr Speaker, I have taken your advice, and I move:

That a message be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto.

Motion carried.