Friday, 19 August 2022

Motions

Parliament of Victoria workplace safety

The PRESIDENT (15:49): On 8 June 2022 the house agreed to a motion moved by Ms Maxwell that directed me to write to the Victorian equal opportunity and human rights commissioner requesting that they inquire into and report back to me on matters relating to bullying and harassment within the Victorian Parliament. On 9 June 2022 I forwarded the resolution to the commissioner. Today the Clerk received a letter from the commissioner. I call on the Clerk to read this letter to the chamber.

The Clerk: It reads:

Resolution of the Legislative Council dated 8 June 2022

I refer to:

• the letter from the President of the Legislative Council to the Victorian Equal Opportunity and Human Rights Commission dated 9 June 2022, providing details of the above resolution passed by the Legislative Council; and

• our letter to you dated 6 July 2022 confirming receipt of the above letter and acknowledging the passage of the Legislative Council’s resolution (resolution).

The Commission acknowledges the important intention behind the resolution and takes seriously any concerns about sexual harassment, discrimination and victimisation in the Victorian Parliament. However, we are not able to progress the “inquiry” sought in the broad terms of the resolution.

The Commission’s power to review a body’s programs and practices is set out in s 151(1) of the Equal Opportunity Act 2010 (Vic) (EO Act), which states that “on request of a person, the Commission may enter into an agreement with the person to review that person’s programs and practices to determine their compliance with this Act.” An inquiry of the breadth articulated in paragraph 4 of the resolution would require a request from the each of the employers in the Victorian Parliament with duties under the EO Act not to sexually harass, discrimination or victimise its employees who work in the Victorian Parliament. The Commission further notes its remit in relation to bullying and harassment is confined to bullying and harassment that has a connection with discrimination, sexual harassment, or victimisation.

Whilst we are unable to act on the resolution in its current form, we would welcome a meeting with The President of the Legislative Council and Speaker of the Legislative Assembly to discuss how we might progress a body of work similar to that intended in the resolution and in a form that falls squarely within the Commission’s powers. Such a review could include developing an action plan to embed equality into the programs and practices of the Victorian Parliament so that it becomes a safer, more equal, fair and inclusive workplace. We will seek meetings with the other employers in the parliamentary workplace for the same reason.