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Kate Jenkins
Australia’s sex discrimination commissioner, Kate Jenkins, will lead the inquiry into parliament’s workplace culture, with Simon Birmingham saying ‘parliament should set the standard for the nation’. Photograph: Jason McCawley/Getty Images
Australia’s sex discrimination commissioner, Kate Jenkins, will lead the inquiry into parliament’s workplace culture, with Simon Birmingham saying ‘parliament should set the standard for the nation’. Photograph: Jason McCawley/Getty Images

Sex discrimination commissioner Kate Jenkins to lead review into parliament’s workplace culture

This article is more than 3 years old

Simon Birmingham contacted Jenkins after a fourth complaint emerged against the former staffer who is alleged to have raped Higgins

The Morrison government has engaged Kate Jenkins, Australia’s sex discrimination commissioner, to lead its review into parliamentary workplace culture triggered by the alleged rape of the former government staffer Brittany Higgins.

The finance minister, Simon Birmingham, told reporters on Friday the government had developed “clear terms of reference” in consultation with Labor, Greens and the crossbench, that would “give Kate every capability to hear the experiences of former and current parliamentary staff, former and current parliamentarians – those who have worked in the parliament”.

He said creating a process where those experiences would be documented would allow Jenkins to consider “how to change the culture, how to change the practices, and how to ensure that, in future, we do have the best possible environment for prevention and response”.

“The fact is that the parliament of Australia should set the standard for the nation,” Birmingham said. “The parliament of Australia should set the example for others to follow.

“The parliament of Australia should reflect best practice in the prevention of and response to, any instances of bullying, sexual harassment, or sexual assault”.

The finance minister said the Jenkins review would run through the remainder of the year, reporting in November, with an interim report provided by July.

He said the terms of reference for the inquiry had involved consultation with former staff, “including some of those who have been in the media in recent days and weeks”.

While the objective was “systemic change”, Birmingham said the process would not be an “investigative review”. The terms of reference make it clear that the review will examine systemic issues “and for this reason the review will not be investigating or making findings about individual allegations as part of the inquiry”.

The terms of reference for the inquiry include Jenkins considering the “drivers in parliamentary workplaces, including the workplace culture, characteristics and practices that may increase the risk”.

She has also been asked to consider legislative, cultural, structural or other barriers to reporting incidents in parliamentary workplaces, and also examine the current response and reporting mechanisms in parliamentary workplaces.

Jenkins will consider the operation of the Members of Parliament Staff Act – the legislation under which political staffers are employed – and “assess the extent to which current legislation, policies, processes and practices promote or impede safe and respectful workplaces”.

Birmingham said the investigation needed to span several months because it was important “to get this work done and to get it done properly”.

“It’s important for the victims of bullying, sexual harassment and sexual assault,” the finance minister said.

“It’s important for their loved ones. It is also important for the many innocent bystanders who have found themselves in workplaces or environments that are under question or under a cloud at present.”

Birmingham said the government had selected Jenkins to head the probe because of “the structures and the systems that the Australian Human Rights Commission can bring to the conduct of this review”.

He said having Jenkins at the helm should reassure people that they could “bring forward their stories and their experiences with complete confidence that they will be shared in a confidential manner, that they can share all of those details as is appropriate, and that the support structures will be there to refer them to appropriate authorities and to offer them any counselling, trauma assistance, or otherwise that is necessary”.

After the Higgins story broke last month, the government suggested initially it would try to resolve issues of workplace culture internally and through advice from the Department of Prime Minister and Cabinet.

But Birmingham made contact with Jenkins after a fourth complaint emerged against the former staffer who is alleged to have raped Higgins when they both worked for the then defence industry minister, Linda Reynolds, in 2019.

Higgins made a police complaint shortly after the alleged assault in the minister’s office in March 2019, but withdrew it in April of that year. Higgins has said she withdrew the complaint because she was concerned pursuing it would end her career in political staffing.

Higgins has recently reactivated her police complaint and has been interviewed to give her account of events.

The Labor leader, Anthony Albanese, welcomed the appointment of Jenkins, and noted the sex discrimination commissioner had a “big job ahead of her”. Albanese said it was important to have a thorough examination of the issues so people could have confidence in the system.

Albanese noted the government had not given Labor a “heads up” prior to the announcement.

In Australia, the crisis support service Lifeline is 13 11 14. If you or someone you know is impacted by sexual assault, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000. International helplines can be found via www.befrienders.org.


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