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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2020-02-05 Daily Xml
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Members

Member for Waite, Speaker's Statement

The SPEAKER (14:30): Before I move to the Premier, I wish to make a statement regarding the investigation into the alleged conduct of the member for Waite. I wish to advise the house that on becoming aware of allegations concerning alleged inappropriate conduct by the member for Waite within the parliamentary precinct, I have engaged an independent investigator to inquire into the alleged behaviour. Whilst an option may have been to involve the equal opportunity commissioner, my understanding is that the equal opportunity commissioner is somewhat limited in her ability to investigate the alleged conduct under the Equal Opportunity Act.

My understanding is that the allegations of harassment by a member of parliament towards specified categories of parliamentary staff can only be investigated by the equal opportunity commissioner when a complaint is made in writing to the commissioner. Further, my understanding is that sexual harassment by a member of parliament against another member of parliament is not unlawful conduct for the purposes of the Equal Opportunity Act 1984 and cannot be the subject of a complaint or investigation under the act, as the act does not provide for a member of parliament to make a complaint of sexual harassment against another member of parliament.

As, to my knowledge, as at this morning, no complaint was made to the commissioner by any parliamentary staffer, the equal opportunity commissioner is, on my understanding, unable to investigate the alleged conduct of the member for Waite. I have therefore undertaken this course of action by virtue of my position as Speaker as generally responsible for the good governance of the House of Assembly and for maintaining order. I would like to advise members that there was also the option to do nothing. I did not think that nothing was an option that I was prepared to do.

I feel it is necessary to undertake some investigations so that I can form a preliminary view as to whether the allegations against the member for Waite are well founded. If further evidence comes forward, that will certainly be taken into account. It is for this reason that I am seeking the assistance of an experienced independent investigator to assist me with the task, noting that neither the investigator nor myself have powers of compulsion when dealing with this matter. Relevant people can be invited to participate, answer questions or provide information, but no powers of compulsion can be exercised.

As Speaker, I have no formal power to resolve the matter. If conciliation or mediation fails, there is nothing more that I can do, and I have no authority to impose any sanction on the member for Waite if the alleged conduct complained of is proved to be founded. While I undertake this course of action, there is nothing preventing any aggrieved person from making a complaint to any relevant body, such as South Australia Police, at any time, or for the house to adopt a course of action it thinks is appropriate to deal with the matter. I will not be commenting further publicly regarding the investigation, as it is live and I do not wish to prejudice the investigation.

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