12       Independent Parliamentary Workplace Complaints Mechanism

The Leader of the Government in the Senate (Senator Birmingham), pursuant to notice of motion not objected to as a formal motion, moved government business notice of motion no. 1—That—

(1)               The Senate notes:

(a)                   the duties and responsibilities of senators and their staff employed under the Members of Parliament (Staff) Act 1984 ;

(b)                  that all senators and their staff have obligations to comply with all applicable Australian laws, including understanding workplace health and safety duties and the steps to take to satisfy those duties, under the Work Health and Safety Act 2011 and other workplace laws; and

(c)                   the establishment of the Parliamentary Workplace Support Service, which provides for an Independent Parliamentary Workplace Complaints Mechanism for serious incidents in a parliamentary workplace.

(2)              Where the Parliamentary Service Commissioner makes a report in writing to the President:

(a)                   finding that a senator has not cooperated with a review under the Independent Parliamentary Workplace Complaints Mechanism or has not acted on the recommendations in a review conducted under the Independent Parliamentary Workplace Complaints Mechanism; and

(b)                  requesting that the President refer the report to the Committee of Privileges;

the President must confidentially refer the report to that committee and the report may not be considered by any other committee.

(3)              In considering a report under this resolution, the committee must meet in private session.

(4)              The committee must confer with the Parliamentary Service Commissioner in seeking additional information for its report.

(5)              The committee must make one of the following recommendations, and report to the Senate accordingly:

(a)                   that a senator cooperate with a review conducted under the Independent Parliamentary Workplace Complaints Mechanism;

(b)                  that a senator act on the recommendations in a review conducted under the Independent Parliamentary Workplace Complaints Mechanism; or

(c)                   that no further action be taken by the Senate;

and must not make any other recommendations.

(6)              The committee must provide a statement of reasons for the recommendation made in the report.

(7)               The committee must make its report referred to in paragraph (5) within 30 days of receiving a referral under this resolution, unless an explanation is provided in writing to the President with the nomination of a new reporting date. The President must inform the Parliamentary Service Commissioner of the new reporting date. The Parliamentary Service Commissioner must inform parties to the report of the revised date set by the committee.

(8)              Any senator who, without reasonable excuse, fails to comply with a recommendation of a report referred to in paragraph (5), and which has been adopted by the Senate, shall be guilty of a serious contempt of the Senate and shall be dealt with by the Senate accordingly. The question of whether any contempt has been committed must first be referred to the Committee of Privileges for inquiry and report to the Senate and may not be considered by any other committee.

(9)              Notwithstanding paragraph (2), in the event that the President is the subject of or directly and personally involved in a report by the Parliamentary Service Commissioner, the Parliamentary Service Commissioner must make a report in writing under paragraph (2) to the Deputy President. In this event, references to the President in this resolution shall be read as the Deputy President.

Statement by leave : The Leader of the Australian Greens in the Senate (Senator Waters), by leave, made a statement relating to the motion.

Question put and passed.