Australia

Objective of the Bill

• To support safe and respectful workplaces for parliamentarians, MOPS (Members of Parliament Staff) employees and other Commonwealth parliamentary workplace participants; and to support positive cultural change in those workplaces; and to provide centralised human resources support to parliamentarians and MOPS employees.

Definition of "Relevant Conduct"

While the bill does not specifically define political violence, it defines “relevant conduct” under Section 5 as:

• Sexual assault

• Assault

• Sexual harassment

• Harassment

• Bullying

• Unreasonable behaviour that “creates a risk to work health or safety”

• Conduct that breaches a code of conduct (as prescribed by the PWSS rules)

Functions of the Parliament Workplace Support Service (PWSS) – Article 11

1. Annual Reporting

• Prepare a report each financial year on the prevention of and responses to the above relevant conduct.

2. Support Function

The PWSS may provide support services related to alleged relevant conduct for the following:

a. Core Participant

• The alleged conduct was engaged in by or affected the person.

• It occurred while the person was performing duties as a core participant.

b. Non-Core Participant (affected by core participant)

• The alleged conduct was engaged in by a core participant.

• It occurred while the core participant was performing duties and affected the non-core participant.

c. Non-Core Participant (affected by another non-core participant)

• The alleged conduct was engaged in by or affected the person.

• It occurred while the person was performing duties as a non-core participant, and

• At a location defined as a Commonwealth parliamentary workplace.

Definitions (Section 5)

Core Participant:

• A parliamentarian

• MOPS employee

• Parliamentary Service employee

• APS employee whose main workplace is a Commonwealth parliamentary workplace

• COMCAR driver performing duties for parliamentarians

• A designated worker

Non-Core Participant:

• Any person other than a core participant who performs work (paid or unpaid) predominantly at a Commonwealth parliamentary workplace

Commonwealth Parliamentary Workplace:

• Precincts (as per the Parliamentary Precincts Act 1988)

• Premises provided/paid for under the Parliamentary Business Resources Act 2017

• Any other place where a Commonwealth parliamentary workplace participant performs duties

3. Complaint Resolution Function (Section 16)

Under Section 16(2), the PWSS may facilitate independent resolution of complaints involving alleged relevant conduct:

Parties Involved:

• (a) One or more current/former participants alleged to have engaged in relevant conduct (first party)

• (b) One or more current/former participants affected by the conduct (second party)

Conditions:

• If the first party was a core participant
  → Support may be provided if the conduct occurred during their core duties.

• If the first party was a non-core participant
  → Support may be provided if the conduct occurred:
  While they were performing duties as a non-core participant, and
  At a defined Commonwealth parliamentary workplace location.

4. Review Function (Section 19)

The PWSS must:

• Review complaints made to the PWSS about alleged relevant conduct (Section 19(2))

• Make follow-up recommendations

Conditions for Review:

• If the first party was a parliamentarian or MOPS employee
  and the second party was a parliamentarian, MOPS employee, or Parliamentary Service employee
  → PWSS may review the complaint if the conduct occurred while either party was performing duties.

• If the first party was a non-core participant
  and the second party was a parliamentarian, MOPS employee, or Parliamentary Service employee
  → PWSS may review the complaint if:
  The conduct occurred while either party was performing their duties, and
  At a location covered under paragraph (a) of the Commonwealth parliamentary workplace definition.

Final Reporting Obligation

• The PWSS must also prepare a progress report on the prevention of and response to alleged relevant conduct.