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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-06-02 Daily Xml
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Equal Opportunity (Parliament and Courts) Amendment Bill

Second Reading

The Hon. J.M.A. LENSINK (Minister for Human Services) (17:22): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Mr President, I am pleased to introduce the Equal Opportunity (Parliament) Amendment Bill 2020. The Bill seeks to amend the Equal Opportunity Act 1984 to address concerns that the Act is limited in respect of its protections against sexual harassment for members of Parliament by other members of Parliament.

The Act promotes equality between the citizens of the State and seeks to prevent certain kinds of discrimination based on race, sex, disability, age or various other grounds. The Act empowers the Commissioner for Equal Opportunity (the Commissioner) to undertake a range of functions including assisting people to resolve complaints of discrimination, sexual harassment or victimisation.

At present, it is unlawful under section 87(6c) of the Act for a member of Parliament to subject to sexual harassment—a member of his or her staff; a member of the staff of another member of Parliament; an officer or member of the staff of the Parliament; or any other person who in the course of employment performs duties at Parliament House. The subsection does not currently provide that it is unlawful for a member of Parliament to subject to sexual harassment another member of Parliament.

Mr President, in the Government's view, section 87(6c) no longer reflects community standards around sexual harassment in the workplace and the expected conduct of members of Parliament as leaders in the community. The Bill seeks to address this imbalance by inserting a new subparagraph (ab) into subsection (6c) to make it clear that sexual harassment between members of Parliament is also unlawful under the Act.

Where there is a complaint of sexual harassment by a member of Parliament, the Bill does not change the current position in section 93AA that it is a matter for the Speaker or the President to determine whether or not dealing with the complaint could impinge on parliamentary privilege. Section 93AA includes:

provisions for the appropriate authority to investigate and deal with the matter as the authority thinks fit if it is of the opinion that dealing with the complaint under the Act could impinge on judicial independence or parliamentary privilege;

provisions for the appropriate authority to request that the Commissioner conciliate a complaint;

a requirement that the appropriate authority must notify the Commissioner as to the manner in which the complaint has been dealt with by the authority;

provision for the Commissioner, when unsuccessful in conciliating a complaint, to make recommendations to the appropriate authority relating to the resolution of the complaint; and

provision for the appropriate authority to have the same powers to investigate a matter as the Commissioner has under section 94.

Finally, the Bill seeks to amend section 93 of the Act so that the Commissioner must postpone any investigation, conciliation or other action in relation to a complaint under the Act if the Commissioner becomes aware that a criminal investigation is being conducted or a person has been or is to be charged with a criminal offence in relation to a matter that is the subject of a complaint.

Mr President, I commend the Bill to Members and I seek leave to table a copy of the Explanation of Clauses.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of Equal Opportunity Act 1984

3—Amendment of section 87—Sexual harassment

This clause amends section 87 to make it unlawful for a member of Parliament to sexually harass another member of Parliament.

4—Amendment of section 93—Making of complaints

This clause amends section 93 to ensure that any investigation, conciliation or other action by the Commissioner in relation to a complaint is postponed if a police investigation in relation to the conduct is commenced or if charges are laid in respect of the conduct.

5—Amendment of section 93AA—Manner of dealing with complaints of sexual harassment by judicial officers and members of Parliament

This clause makes a minor technical amendment to section 93AA.

Debate adjourned on motion of Hon. I.K. Hunter.

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