This bill became law on Sep 19th, 2023.
Government & democracy
Federal parliamentary staff workplaces must now meet clear standards for safety, respect, non-discrimination, professionalism and consultation with employees.
The Set the StandardThe 2021 review that exposed bullying and sexual harassment in Commonwealth parliamentary workplaces and pushed the reform agenda. review exposed that the 39-year-old parliamentary staffing law had barely changed and no longer matched modern employment standards. This bill implements the review by setting workplace principles, requiring capability-based hiring, making employment rules public, and involving the PWSSThe new statutory service that advises on staff suspensions and sackings and can step in in limited employment situations. in suspensions and sackings.
For decades, parliamentary staff were employed under the largely unchanged Members of Parliament (Staff) Act 1984The old federal law that governed how MPs and ministers employed their staff before this amendment Act updated it., but the Set the Standard reportThe 2021 review that exposed bullying and sexual harassment in Commonwealth parliamentary workplaces and pushed the reform agenda. in November 2021 exposed widespread bullying, sexual harassment and assault in Commonwealth parliamentary workplaces, and a later 2022 review found the old law no longer matched modern employment standards. The government then committed to legislative change and introduced this bill in 2023 to hardwire safer workplace principles, merit-based hiring, clearer public employment rules and a formal role for the Parliamentary Workplace Support ServiceThe new statutory service that advises on staff suspensions and sackings and can step in in limited employment situations., with the reforms becoming law after Parliament passed the bill in September 2023.
The main criticism was that the bill did not go far enough on enforcement and long-term culture change, so safer workplace rules might exist on paper without strong independent oversight and consequences for misconduct. These concerns came mainly from crossbench and Greens supporters who still backed the bill, while no party represented in the debate opposed it outright.
Patrick Gorman MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 19 Sept 2023
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
40 days
From introduction to the latest recorded parliamentary step
Meaning
Federal parliamentary staff workplaces must now meet clear standards for safety, respect, non-discrimination, professionalism and consultation with employees.
Parliamentarians and office-holders must check that a person can do the job before hiring them, which makes merit-based recruitment a legal requirement.
The Prime Minister can change employment terms for all parliamentary staff or for selected groups through a formal public instrument, not just through individual contracts.
A parliamentarian or office-holderA parliamentarian with a special role, such as a minister, who can employ staff under the staffing law. must consult the Parliamentary Workplace Support ServiceThe new statutory service that advises on staff suspensions and sackings and can step in in limited employment situations. before sacking a staff member and must consider any advice it gives.
The Parliamentary Workplace Support ServiceThe new statutory service that advises on staff suspensions and sackings and can step in in limited employment situations. can suspend staff in limited cases and can take over most employer powers if an employing parliamentarian dies or leaves Parliament.
(a) is safe and free from all forms of bullying and harassment; andMembers of Parliament (Staff) Amendment Act 2023 final Act text
(3) A parliamentarian or office‑holder must, before employing a person to perform a particular role, assess whether the person has the capability to perform the role.Members of Parliament (Staff) Amendment Act 2023 final Act text
(2) The Prime Minister may, by notifiable instrument, determine that the terms and conditions of employment of either of the following (as specified in the instrument) are varied in accordance with the determination:Members of Parliament (Staff) Amendment Act 2023 final Act text
(3) Before terminating a person’s employment under subsection (1), the employing individual must consult, and have regard to any advice provided by, the PWSS.Members of Parliament (Staff) Amendment Act 2023 final Act text
In certain circumstances, the CEO of the PWSS can suspend employees and, where a parliamentarian or office‑holder dies or ceases to be a parliamentarian, can step in to exercise most of the powers of an employer.Members of Parliament (Staff) Amendment Act 2023 final Act text
Context
For decades, parliamentary staff were employed under the largely unchanged Members of Parliament (Staff) Act 1984The old federal law that governed how MPs and ministers employed their staff before this amendment Act updated it., but the Set the Standard reportThe 2021 review that exposed bullying and sexual harassment in Commonwealth parliamentary workplaces and pushed the reform agenda. in November 2021 exposed widespread bullying, sexual harassment and assault in Commonwealth parliamentary workplaces, and a later 2022 review found the old law no longer matched modern employment standards. The government then committed to legislative change and introduced this bill in 2023 to hardwire safer workplace principles, merit-based hiring, clearer public employment rules and a formal role for the Parliamentary Workplace Support ServiceThe new statutory service that advises on staff suspensions and sackings and can step in in limited employment situations., with the reforms becoming law after Parliament passed the bill in September 2023.
Set the Standard reportThe 2021 review that exposed bullying and sexual harassment in Commonwealth parliamentary workplaces and pushed the reform agenda. exposes abuse in parliamentary workplaces
The Australian Human Rights CommissionThe body that produced the Set the Standard report and made the recommendations this bill helps implement.'s report found widespread bullying, sexual harassment and assault and set out reform recommendations for Commonwealth parliamentary workplaces.
Hansard ↗Government commits to amend the law after the Jenkins report
The Morrison government said it would introduce legislative changes recommended by Kate Jenkins to strengthen workplace protections for political staffers.
Australian Financial Review ↗Review finds the MOPS ActThe old federal law that governed how MPs and ministers employed their staff before this amendment Act updated it. no longer fits modern employment standards
A review of the Members of Parliament (Staff) Act 1984The old federal law that governed how MPs and ministers employed their staff before this amendment Act updated it. was published and recommended changes to modernise the employment framework for parliamentarians and their staff.
Australian Parliament House ↗Government introduces the bill to implement the review
The bill was introduced to modernise the 39-year-old staffing law and to help deliver the workplace culture changes envisaged by Set the StandardThe 2021 review that exposed bullying and sexual harassment in Commonwealth parliamentary workplaces and pushed the reform agenda..
Hansard ↗Parliament passes the bill
Both houses passed the bill, clearing the way for new workplace principles, capability-based hiring rules and a formal PWSSThe new statutory service that advises on staff suspensions and sackings and can step in in limited employment situations. role in suspensions and sackings.
Parliamentary timeline ↗Royal AssentThe final step that turns a passed bill into an Act of Parliament. makes the reforms law
The Governor-General assented to the bill, turning the changes to parliamentary staff employment and workplace oversight into an Act.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Considered by the Senate Standing Committee for the Scrutiny of Bills in Scrutiny Digest 12 of 2023.
Considered by scrutiny committee
APH bill page notesThe bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main criticism was that the bill did not go far enough on enforcement and long-term culture change, so safer workplace rules might exist on paper without strong independent oversight and consequences for misconduct. These concerns came mainly from crossbench and Greens supporters who still backed the bill, while no party represented in the debate opposed it outright.
Criticism was mostly about missing safeguards and follow-through, not opposition to the bill's goal.
Too weak on independent oversight
Several supporters argued the bill was only a first step because it improved employment rules but did not yet create a fully independent body with stronger powers to enforce standards and deal with misconduct across Parliament.
Risk that cultural change would stall
Supporters also warned that changing staff employment rules alone would not fix Parliament's workplace culture unless broader reforms followed, including a code of conduct, training, review and changes to political behaviour itself.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Gorman supports the bill, saying it modernises the MPs' staff employment framework, improves transparency, and helps create safer and more respectful parliamentary workplaces.
Read in Hansard ↗Taylor says the opposition supports the Members of Parliament (Staff) Amendment Bill 2023The bill that changed the staffing law to add workplace principles, clearer hiring rules, and a bigger role for the support service. entirely because it follows detailed consultation and reflects the consensus approach used for parliamentary workplace reforms.
Read in Hansard ↗Kylea Tink supports the bill and describes it as welcome progress toward stronger parliamentary workplace standards and better support for staff.
Read in Hansard ↗Hume says the opposition supports the Members of Parliament (Staff) Amendment Bill 2023The bill that changed the staffing law to add workplace principles, clearer hiring rules, and a bigger role for the support service. because it reflects consensus work to update the MOP(S) Act and improve how parliamentary staff employment is managed.
Read in Hansard ↗All speeches by bloc
6 speakers · 7 contributions · 6 support
“The Government believes the changes in this Bill will underline the responsibilities and obligations of members of parliament as the employer. This Bill is an important part of the reforms the Government is progressing to support a professional employment framework for staff of parliamentarians.”Read the full speech in Hansard ↗
“This MOP(S) Amendment Bill has been a long time coming. The setting up of the PWSS as a new statutory authority is an important adjunct to the MOP(S) work that has been done. It will modernise the MOP(S) employment framework, and that is terribly important. The new act will provide clarity of roles and responsibilities and improve transparency.”Read the full speech in Hansard ↗
“The Members of Parliament (Staff) Amendment Bill 2023 complements the PWSS Bill package by modernising the employment framework for parliamentarians and their employees. It implements recommendations from the review of the Members of Parliament (Staff) Act undertaken by the Department of the Prime Minister and Cabinet last year. That review in turn implemented recommendations of the Set the standard report. The bill clearly sets out the responsibilities of parliamentarians and employees under modern workplace laws, including employment principles, to set expectations of the workplace. The bill will provide greater clarity and certainty for both MOP(S) Act employees and parliamentarians. Together with the Parliamentary Workplace Support Service bill package, these bills are important reforms for the Commonwealth parliamentary workplace.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Patrick Gorman on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Gorman supports the bill, saying it modernises the MPs' staff employment framework, improves transparency, and helps create safer and more respectful parliamentary workplaces. He presents it as a practical reform built on the review's recommendations and broad consultation.
“The government believes the changes in this bill will underline the responsibilities and obligations of members of parliament as the employer. This bill is an important part of the reforms the government is progressing to support a professional employment framework for staff of parliamentarians.”Read this contribution in Hansard ↗
Second reading speech
Patrick Gorman supports the Members of Parliament (Staff) Amendment Bill 2023The bill that changed the staffing law to add workplace principles, clearer hiring rules, and a bigger role for the support service. and says it will modernise the employment framework for parliamentarians and their staff. He argues it gives clearer responsibilities and more certainty, and works with the broader workplace reforms in the package.
“The Members of Parliament (Staff) Amendment Bill complements the Parliamentary Workplace Support Service Bill package. It does this by modernising the employment framework for parliamentarians and their employees.”Read this contribution in Hansard ↗
“The Parliamentary Workplace Support Service will go some way to making the change that we all want to see in this place. It will go some way to making sure that people feel appropriately supported in their time here. Obviously, we can do more. We can always do more, and it is on all of us in this place to be ever vigilant about making sure that we're always doing the right thing and that we're never walking past behaviour that we should be calling out. Cultural and behavioural change are difficult. I want to acknowledge that. That's why we all have to work hard every single day. Passing this legislation is just the beginning of ongoing work here. I want to see an independent parliamentary support service review every now and then, too, so that we can evaluate how well things are working.”Read the full speech in Hansard ↗
“This bill does good work on the way to putting in place some of the structures and reforms we must have, but there's more work to do. I look forward to joining with colleagues and the government as we do so.”Read the full speech in Hansard ↗
4 speakers · 4 support
“Finally, on the Members of Parliament (Staff) Amendment Bill 2023, the opposition supports this bill entirely and appreciates the detailed and sincere consultation that the minister has engaged in with our shadow minister. Consistent with the past practice in these matters over successive parliaments and governments, Minister Farrell has provided an approach that has allowed consensus on legislation that provides for the support of the parliament and the operation of parliamentarians and their staff.”Read the full speech in Hansard ↗
“Finally, on the Members of Parliament (Staff) Amendment Bill 2023: the opposition supports this bill. As with all matters in relation to staffing and legislation which governs the way in which staff employment is managed, Minister Farrell has provided an approach that has allowed consensus on legislation that provides for the support of the parliament and the operations of parliamentarians and their staff. The opposition thanks the minister and his office for their sincere and genuine engagement in the development of this legislation.”Read the full speech in Hansard ↗
“The last bill in this group, the Members of Parliament (Staff) Amendment Bill, amends certain sections of the act commonly referred to as the MOP(S) Act to improve transparency and clarify the employment framework for parliamentarians and their staff. This has been developed through the review of the MOP(S) Act which was undertaken by the Department of the Prime Minister and Cabinet last October and will also help drive the cultural change in Commonwealth parliamentary workplaces”Read the full speech in Hansard ↗
“On that basis, I commend these bills to the House.”Read the full speech in Hansard ↗
3 speakers · 3 support
“The bills before us today are a step in the right direction, but they are a very small step. Cultural diversity is still lacking in our workplace. Parliament is still not a safe, equal, inclusive or respectful workplace for everyone. The Greens will continue to push for the reforms to parliamentary culture to be rolled out nationally as a matter of urgency. Establishing an independent PWSS was a key recommendation of Set the standard, and it has already taken too long. This bill has now gone through all of the due processes; it's taken account of feedback from staff and union representatives, as is appropriate; and now it's time to pass it so that staff and the community can see real action on the Jenkins Set the standard recommendations.”Read the full speech in Hansard ↗
“This bill does represent a step forward in establishing a proper human resource agency, and this agency will act in some ways to change the culture of this place and improve the support that is made available to people who work here. But there is so much work still to be done.”Read the full speech in Hansard ↗
“I support these bills and briefly, in conclusion, I'd like to place on the record my thanks to the PWSS for all the work they've done so far. I can't speak for others, but I know my team have found them invaluable and of huge assistance. If any member of this place hasn't yet engaged with the PWSS in its old role or its new role, I encourage you to do so. The support has been terrific and has been invaluable. I also place on the record my thanks to our Greens senators Larissa Waters and Mehreen Faruqi, who've been part of bringing these reforms into practice on behalf of the Greens. I commend the bills to the House.”Read the full speech in Hansard ↗
5 speakers · 5 support
“While the Parliamentary Workplace Support Service Bill 2023 and its consequential amendments are welcome progress, I call on the government to reiterate its endorsement of the code of conduct for all parliamentarians and to ensure its implementation at pace.”Read the full speech in Hansard ↗
“Whilst there's a lot more to be done and more legislation to be implemented, I support these bills as an essential first step in making parliament a safer workplace.”Read the full speech in Hansard ↗
“The Parliamentary Workplace Support Service Bill 2023 implements recommendation 11 of that Set the standard report. It legislates the Parliamentary Workplace Support Service, or PWSS as we've come to know it, to provide centralised HR support and develop policies for workplace strategies, work health and safety, and training. These policies, structures and trainings may seem simple, but they are fundamental to a strong workplace culture where people can truly thrive, not just survive, in their careers. In the interim, this bill creates a function of the PWSS to respond to misconduct and provide early intervention and resolution for workplace conflict. I note that these functions are temporary, pending the establishment of an independent parliamentary standards commission. Such a commission is vital so that everyone in this building, be it a parliamentarian, staffer, journalist, public servant or independent contractor, has somewhere trusted and independent to go when they experience misconduct. I urge the government to go further than this bill and legislate this independent parliamentary standards commission. It is a critical pillar of reforming the workplace in our parliament and one that I've been advocating for a very long time.”Read the full speech in Hansard ↗
“This bill must pass. The further reforms must happen. This behaviour must change, for all of us.”Read the full speech in Hansard ↗
“We need to make changes in this House, but I support where the government is going in supporting this bill.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the Whole debate
Committee of the Whole debate
The bill reached this recorded parliamentary step.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Senate Standing Committee for the Scrutiny of Bills
Considered by scrutiny committee
Considered by the Senate Standing Committee for the Scrutiny of Bills in Scrutiny Digest 12 of 2023.
APH bill page notes
