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The Canberra Times
The Canberra Times
Jasper Lindell

Assembly needs Jenkins-style review of workplace culture: Rattenbury

Greens leader Shane Rattenbury has called for a wider review of Legislative Assembly workplaces to consider the safety and wellbeing of staff in the building following allegations levelled at Johnathan Davis.

Mr Rattenbury last week wrote to Chief Minister Andrew Barr to call for the expansion of terms of reference for a review of the Greens' handling of allegations made about Mr Davis.

The Legislative Assembly on Tuesday agreed to a more limited inquiry, that will appoint an independent reviewer "with extensive experience in public administration, governance, or integrity matters" and produce a public report.

The review is expected to consider the appropriateness of Mr Rattenbury's handling, and the decisions taken by Greens minister Emma Davidson.

The review will invite submissions from MLAs and their staff and will "not make findings about the substance of allegations concerning Mr Davis, recognising the criminal investigation or other proceedings may yet occur".

Mr Davis resigned from the Legislative Assembly late on November 12, after The Canberra Times reported the 31-year-old had been stood down by his party while it investigated allegations he had sex with a minor and an inappropriate, but not illegal, relationship with a 17-year-old.

Through a lawyer, Mr Davis has declined to comment on all allegations put to him.

Mr Rattenbury's letter was prompted by further allegations reported in The Canberra Times that Mr Davis made unwanted sexual advances towards an 18-year-old staffer in the Legislative Assembly.

"Based on the report, there appears to be no indication that this staff member was under the age of 18. There does however appear to be a significant age and power gap between Mr Davis and the staff member," Mr Rattenbury wrote.

"It is crucial that we collectively learn from this experience and improve our reporting mechanisms, policies and practices to limit conduct which could be inappropriate or harmful to Legislative Assembly staff or the wider community."

Greens leader Shane Rattenbury. Picture by Karleen Minney

A spokeswoman for Legislative Assembly Speaker Joy Burch said Ms Burch was "aware of Mr Rattenbury's calls for a broader review and is confident the terms of reference in the motion adequately cover the issues which need to be canvassed at this time".

Mr Rattenbury told Mr Barr the inquiry should consider the approaches taken by all ACT political parties represented in the Legislative Assembly when they respond to allegations of sexual misconduct, bullying and harassment.

The review should also examine guidance provided to members of the Assembly and their staff on how to handle allegations of sexual misconduct, bullying and harassment, while also considering best practice to enable "safe and respectful parliamentary workplaces".

Mr Rattenbury said the review should examine whether current supports were adequate and effective and assess whether current laws, policies and processes "promote or impede safe and respectful workplaces".

"These findings would then have the potential to make the ACT Legislative Assembly a model of parliamentary workplace best practice going into the future. I hope all parties can commit to protecting the safety and wellbeing of staff whilst working in the Assembly," the letter, seen by The Canberra Times, said.

Mr Rattenbury's proposed expansion to the terms of reference are reminiscent of the Jenkins review of Federal Parliament, which was triggered by revelations of former Liberal staffer Brittany Higgins' alleged rape in Parliament House.

That review - led by former sex discrimination commissioner Kate Jenkins - described a toxic workplace culture characterised by power imbalances, gender inequality and a lack of accountability for perpetrators.

Mr Barr wrote to Mr Rattenbury said he was aware Ms Burch has responded to the substantive issues raised in the Greens leader's letter and the actions taken in the Legislative Assembly in response to relevant reviews in other jurisdictions.

"Based on this we believe the appropriate course of action is for the independent review to be targeted to the matter at hand and completed promptly," Mr Barr wrote.

"At the conclusion of the independent review, if there are any relevant findings or learnings recommended, they will be applied more broadly across the Assembly as necessary."

Opposition Leader Elizabeth Lee said there was no evidence to suggest a systemic issue with culture at the Assembly.

"This is clearly an attempt by the ACT Greens leader to deflect from his and his party's handling of this very serious incident," Ms Lee said.

"The independent inquiry that passed through the Legislative Assembly today strikes the right balance in ensuring there is a thorough and respectful review into the ACT Greens' handling of the misconduct allegations raised against Mr Davis."

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