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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-11-12 Daily Xml
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Resolutions

Parliament Workplace cULTURe Review

The House of Assembly passed the following resolution to which it desires the concurrence of the Legislative Council:

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 improved 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.

The Hon. J.M.A. LENSINK (Minister for Human Services) (16:57): I move:

That the message be taken into consideration forthwith.

Motion carried.

The Hon. J.M.A. LENSINK: I move:

That the Legislative Council notes paragraph 1 in the resolution contained in message No. 80 from the House of Assembly and agrees with paragraphs 2, 3 and 4 contained therein.

In February 2020, the Legislative Council resolved that the President invite the equal opportunity commissioner to make recommendations for reforms to facilitate the handling of sexual harassment in the parliamentary workplace. A motion was moved which I will not read into the record; that is available through Hansard if anyone wishes to see that specific wording. Following the departure of the previous equal opportunity commissioner, the new acting equal opportunity commissioner has reviewed these matters and has revised the terms of reference, which have been adapted to the motion before us.

The acting equal opportunity commissioner has since written to both the Speaker and the President seeking their support of the proposed terms of reference for the proposed review of the handling of harassment in the parliamentary workplace. The scope of the SA parliamentary workplace review is to examine the handling of harassment complaints in the workplace, a review of the parliamentary workplace culture, and to make recommendations for positive cultural change. Outlined in that correspondence, I understand, is a methodology which includes a survey, among other things, interviews and the like. The acting equal opportunity commissioner has committed to commence this work immediately. I commend this motion to the house.

The Hon. T.A. FRANKS (16:59): I rise on behalf of the Greens to wholeheartedly support the minister's amendments and acceptance of the motion from the other place. We know full well in this council that we have passed motions to effect such an inquiry by the Equal Opportunity Commission, that we do have a problem in this workplace, that it is an archaic system that has led to not only individual incidents but systemic structural problems, which unless we start to review and acknowledge we will never address. With that, we look forward to the passage and acceptance of this message.

The Hon. C. BONAROS (17:00): I also indicate that SA-Best will be supporting this motion wholeheartedly. Clearly, it has been a long time coming, as the Hon. Tammy Franks has just alluded to. It is a motion that is very welcome, nonetheless. I take this opportunity to thank all honourable members who have given this their support, but especially the Attorney-General for her commitment to ensuring that this inquiry finally takes place. With those words, I support the motion on behalf of SA-Best and look forward to the inquiry taking place.

The Hon. K.J. MAHER (Leader of the Opposition) (17:01): I rise to indicate that the opposition will be supporting this motion. I pay tribute to the Hon. Tammy Franks and the Hon. Connie Bonaros, who, on this particular issue but also on other issues of creating safer workplaces, have brought issues before this chamber. I also want to acknowledge the member for Reynell, Katrine Hildyard, who has a strong interest and commitment in this area.

Oppositions are wont to point out what we see as the failings of our opposite number, but it is also, I think, something that we should acknowledge when we support their work and their commitment, and I pay tribute to the Attorney-General in this regard.

The Hon. J.A. DARLEY (17:02): I indicate that I will most definitely be supporting this motion.

Motion carried.

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