Background

The Australian Human Rights Commission (the “AHRC”) has handed down its ‘Set The Standard’ report (the “AHRC Sexual Misconduct Report”) into the prevalent sexual harassment claims and conduct in Commonwealth parliamentary workplaces (“CPWs”). This report was commissioned by the AHRC following several examples of people sharing their experiences of bullying, sexual harassment and sexual assault in the workplace, in particular those shared by former Liberal staffer Brittany Higgins in February 2021.

The report comes at a time when sexual misconduct is receiving significant levels of attention, in many ways due to high-profile institutions failing to deal effectively with issues of sexual misconduct. While the AHRC Sexual Misconduct Report focuses on CPWs, it provides several learnings which are applicable in workplaces across Australia.

Findings

The AHRC Sexual Misconduct Report made substantial findings regarding CPWs and handed down 28 recommendations that reflected five principles:

• Leadership
• Diversity, equality and inclusion
• Systems to support performance
• Standards, reporting and accountability
• Safety and wellbeing

The AHRC Sexual Misconduct Report noted there were several overlapping factors that contributed towards bullying, sexual harassment and sexual assault. It noted that power imbalances and the misuse of power were primary factors leading to misconduct within CPWs. Whilst there is an inherent role of power in parliamentary workplaces especially within the offices of MP’s, the AHRC Sexual Misconduct Report observed that there were widespread misuses of power, fear of those who held power and a sense of entitlement within those who held power.

This misuse of power ties into the notion of gender inequality within CPW’s. Participants spoke candidly about the lack of women in senior roles and the “male-dominated culture”. The nexus between power imbalance and lack of gender diversity was reflected in the gendered demographic breakdown of those who ultimately were subject to misconduct, with women experiencing sexual harassment at a higher rate (40%) than men (26%). The Commission found that lack of diversity was both a product, and reinforcement, of the sexist culture within CPWs.

The AHRC Sexual Misconduct Report pointed to the lack of accountability and recourse of perpetrators of such misconduct had developed a cycle where individuals “get away with it”. The Commission found that only 37% of people who partook in the Review Survey agreeing that at their current workplace “fair and reasonable action is taken against anyone who engages in sexual harassment, sexual assault or bullying, regardless of their seniority or status”.

Sex Discrimination Commissioner Kate Jenkins described the current systems at CPWs as “not equipped to prevent or address the consequences of that behaviour”.

Moving forward and reminder to organisations

One of the recommendations in the AHRC Sexual Misconduct Report was for the establishment of an Independent Parliamentary Standards Commission. This independent body separate would be responsible for operating fair, independent, confidential and transparent system to receive disclosures, as well as make findings and apply sanctions for misconduct. In addition, the AHRC called for the establishment of clear and consistent standards of conduct. These standards would allow for accountability for all individuals working with CPWs.

Furthermore, as in any workplace to drive change within a workplace there needs to be institutional and individual leadership. The AHRC Sexual Misconduct Report recommended that this be achieved through the establishment of a bi-partisan leadership taskforce and the creating of safe reporting culture. The AHRC Sexual Misconduct Report called on party leaders to champion the Codes of Conduct and reinforce the message that misconduct will not be protected.

While the findings in the AHRC Sexual Misconduct Report focus on the systemic issues in CPWs, it provides a powerful reminder of the importance fostering healthy workplace cultures and supporting those who have been victimised or subjected to any form of misconduct. Employers play an important role in ensuring that policies and systems are fit for purpose in combating such conduct and taking steps to provide a healthy and safe workplace free from sexual harassment.

People + Culture Strategies