MEDIA RELEASE

Leading democracy and rights advocates are calling on the parliament to strengthen transparency measures in the new Independent Parliamentary Standards Commission (IPSC) legislation before the bill is adopted.

The Australian Democracy Network, Transparency International Australia and Fair Agenda say the proposed reform represents a positive step forward; but falls short of guaranteeing findings of parliamentarian misconduct will be made public.

The legislation provides for the IPSC to investigate complaints about breaches of the Behaviour Standards and Code, and to make findings. A range of sanctions will be available, including dismissal from a select committee, suspension from parliament and fines of 2-5% of a parliamentarian’s base salary.

The independent commission will prepare a detailed report of any findings and recommended sanctions in relation to parliamentarian misconduct. In any cases of serious misconduct, this report will be delivered to the relevant chamber’s Privileges Committee. Under the proposed legislation the Privileges committee will then determine what if any sanction is recommended to the relevant Chamber.

Under the current proposal, the information the public receives about the findings and recommendations of the IPSC will be at the discretion of the parliamentarians who form the Privileges Committee.

Quotes from spokespeople:

“It’s really positive to see this Bill provide for meaningful consequences for parliamentarian misconduct – but we are concerned that accountability won’t be delivered without transparency around what the independent commissioners have found and recommended as consequences,” said Renee Carr, Executive Director of Fair Agenda.

“When our elected officials fail to uphold the standards set out in their code of conduct, it erodes our trust in democracy. So it’s crucial that there is transparency to the public if a member of parliament violates these standards. Transparency is vital to rebuilding public trust in our Parliament and elected leaders. Without transparency, there’s no real accountability,” said Saffron Zomer, Executive Director of the Australian Democracy Network.

“Codes of conduct and their adequate, transparent enforcement are critical to the healthy functioning of democracy, enhancing trust in institutions and normalising a high moral and ethical standard for elected and other officials,” added Clancy Moore, CEO Transparency International Australia.

“Secrecy in government fuels mistrust and increases the risk of corruption so transparency in the operations of the IPSC is paramount to its success. There is a precedent in the UK as when an MP has been found to breach their code of conduct, the findings of the independent body are published, along with their considerations in relation to the recommended sanction,” said Mr Moore.

The groups are also calling for behaviour standards and codes to be expanded.

“Back in 2022 when they put forward the draft behaviour standards and codes, the Joint Select Committee recommended the parliament start a process to develop integrity and ethical obligations and consider how they may be incorporated with the Behavioural Standards and Codes. Almost two years on, this is still a major gap,” said Ms Carr of Fair Agenda.

“Parliamentarian’s actions can have significant influence – including when they happen outside parliament. Given the recognised need for national leadership on the domestic and sexual violence epidemic, it is a lost opportunity to not give our parliamentary standards commission scope to address conduct that has implications for public trust in parliament – such as allegations of sexual harassment or violence outside of the parliament,” Ms Carr added.

“It’s disappointing to see the scope of these standards limited to parliamentarian’s conduct only in the course of their role. In other parliaments – like Northern Ireland, Wales and the UK – members of parliament are required to avoid actions that would bring the parliament into disrepute. We should set similar expectations here,” added Saffron Zomer.