11th Sep 2024, 10:25 AM – Representatives Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Bill 2024 - Consideration in Detail - Including recommendations for sanction

The majority voted against amendments introduced by Clark MP Andrew Wilkie (Independent), which means they failed.

What do these amendments do?

Mr Wilkie explained that:

I obviously welcome this reform. But, frankly, there is one glaring omission, which is what I aim to address with my amendments. Yes, the bill as currently drafted empowers the IPSC [Independent Parliamentary Standards Commission] to receive complaints, conduct investigations and make findings about whether a breach of the code of conduct has occurred. In less serious cases, the commission can determine and impose a non-parliamentary sanction, such as a written reprimand, a requirement to undertake training or a small fine. This all sounds good. The problem arises in more serious cases where a matter involves a serious offence and the power to impose sanctions is taken from the IPSC and given to the privileges committee. A 'serious offence' is defined as an offence involving assault or sexual assault or any other offence prescribed by the PWSS [Parliamentary Workplace Support Service] rules. In these cases, the IPSC would provide its findings to the privileges committee, but it would be up to the privileges committee to impose any sanction, which might include a fine, a suspension or even removal from the committee. This situation flies in the face of the Set the standard recommendation for a fair, independent, confidential and transparent complaints processing mechanism which holds parliamentarians to account for their poor behaviour.

... my amendments would enable the IPSC to include recommendations for any sanctions in its report to the privileges committee. Moreover, should the privileges committee deviate from the recommendations of the IPSC, it must table its reasons for doing so when reporting its decision. Only then could everyone, including the community, be confident that complaints investigation and processing within this workplace are fair, independent, confidential and transparent, as recommended by the Set the standard report.

Amendment text

(1) Schedule 1, item 41, page 57 (after line 6), after subsection 24EA(1), insert:

(1A) Without limiting subsection (1), the statement must include recommendations for any sanctions (including parliamentary sanctions) to be imposed on the respondent.

(2) Schedule 1, item 41, page 58 (after line 6), after subsection 24EB(1), insert:

(1A) If the Privileges Committee's decision is not consistent with any recommendations made by the decision-maker or review panel (see subsection 24EA(1A)), the report mentioned in paragraph (1)(b) must:

(a) be made in writing; and

(b) set out the reasons for not following those recommendations; and

(c) be tabled in the House at the time the Committee reports it decision.