Please explain

As Cats know, there are a number of allegations around goings on within the electorate offices of Emma Husar.  According to that balanced journal of record, The Guardian Australia:

On Thursday, Buzzfeed reported that the MP for Lindsay faced allegations of bullying, harassment, verbal abuse and intimidation of former staff at her western Sydney electorate office.

The Guardian also reported that:

Husar said she was “horrified” by the allegations, which are being investigated by barrister John Whelan on behalf of the NSW Labor party.

But why is the Labor Party undertaking this investigation and why is the government silent on the subject?

To Spartacus’ knowledge, Parliamentary staff are employees of the Commonwealth of Australia and not the Labor Party.  Ms Husar is not the employer of the Parliamentary staff; she is their manager/supervisor.

It is the Commonwealth that owes a duty of care to the employees and not the Labor Party.  If compensation is sought (by the electorate staff) is found to be payable, it will be paid by the Commonwealth (through its insurer) and not the Labor Party.

Why is not the Commonwealth via the relevant regulatory agency conducting this investigation?  Why on earth is this investigation being allowed to be undertaken by the Labor Party and what are the “terms of reference” of this investigation?

Where is the esteemed Minister for Small and Family Business, the Workplace and Deregulation (Craig Laundy) on this and where is the Prime Minister?

To permit the Labor Party to conduct this investigation would be analogous to allowing the CFMMEU to investigate worker misconduct on a construction site.

Forget about politics.  How about some rule of law.

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39 Responses to Please explain

  1. Mak Siccar

    Agree with you completely, Sparty.

  2. Can you imagine how the Prime Minister of Australia, Bill Shorten, would react if this was a LNP minister?

  3. .

    Because it is about the party being a society within society, not the rule of law.

    The chocolate ration has been increased by 25%. That’s doubleplusgood.

  4. gbees

    “To permit the Labor Party to conduct this investigation would be analogous to allowing the CFMMEU to investigate worker misconduct on a construction site.” or indeed letting the foxes look after the chicken coop.

  5. Cassie of Sydney

    You are spot on Spartacus, the utter ineptitude and flaccidness of this Waffler led government is unbelievable. A newborn kitten has more mojo than this government led by the great Waffler. It defies logic. They should be going for broke on Husar just like they should have thrown muck in Longman. FFS….Lindsay is a marginal seat….not that the Waffler would ever deign to visit Lindsay and communicate with ordinary people. As I have said time and time again, you gotta go low and go for broke when dealing with the left…..that is Trump’s genius. You can’t be nice and civil and polite. I mean, this Husar business is manna from heaven but where are the Libs? Missing in action…..a joke. But perhaps there is some logic behind this, it is all part of Malturd’s genius plan to destroy the Libs and make Shorten PM. And on that Malturd is doing a sterling job.

  6. Bruce of Newcastle

    Easy.

    The ALP is nuking Husar because they want to clear the decks for the election and the factional benefits are probably in favour of the unions.

    The Government is not nuking Husar because they’d rather like her to be a nice juicy advertising target for the election, since it isn’t as if they have much else to run on.

    Only the poor persecuted voters are interested in simpleminded things like the rule of law.

  7. stackja

    ALP covers up. MT is clueless.

  8. jjf

    But she is a single mum and her son has a therapy dog!!!!!!!

  9. Tim Neilson

    The Government is not nuking Husar because they’d rather like her to be a nice juicy advertising target for the election, since it isn’t as if they have much else to run on.

    That makes sense.

    But because it makes sense, I’m sceptical that the utterly inept and gutless Michael Trumble Election Winning Machine is capable of having thought it out as a strategy.

  10. Roger

    But why is the Labor Party undertaking this investigation and why is the government silent on the subject? To Spartacus’ knowledge, Parliamentary staff are employees of the Commonwealth of Australia and not the Labor Party.

    Under the relevant Act I think you’ll find Ms Husar is officially the employer on behalf of the Commonwealth in her capacity as a Member of the HoR representing the ALP.

  11. Baldrick

    … and why is the government silent on the subject?

    Something to do with glasshouses and stones I would say, once somebody starts the leaks that the Stupid.Fucking.Liberal.Party are just as guilty of the same offences as the Chardonnay Socialist ALP.

  12. Habib

    Because if they say boo it’ll be MISOGEEENEEEEE, and no doubt they have arseholes up to the same shit. No mention of the misappropriation of comcars to take her co-daphne to some awful concert, let alone the malfeasance involved in mis-use of staff she or her gang should be paying for anyway. It shouldn’t be the labor pardee investigating, it should be the filth, with criminal charges to follow.

    To me that outcome would be far too lenient, any of these swine sprung dipping the till should be handed over to a latter-day auto-da-fé .

  13. Des Deskperson

    I’ve been fascinated by this for some time.

    For starters, it’s never been quite clear whether the abusees are employed under the Members of Parliament (Staff) Act 1984 (the MOPS Act) or whether they are Labor Party employees. MPs can employ both types of staff, the former to help them carry out their Parliamentary duties and the latter to provide political advice.

    If some or all the staff concerned are MOPS Act, then they are taxpayer funded. However, as the Act makes clear, their employer is the Senator or Member for whom they work:

    ‘S13(1) An office‑holder may, on behalf of the Commonwealth, employ, under an agreement in writing, a person as a member of the office‑holder’s staff.’

    As Department of Finance instructions point out, these employment responsibilities include ‘ensuring good employment practices are followed (for example: providing induction for new employees, work health and safety, freedom from discrimination and harassment….’

    So as far as I can tell, it’s the MP who owns the duty of care to his/her staff and any claims of bullying and harassment are matters for the MP to deal with, taking into account their responsibilities under the Work, Healthy and Safety Act 2011. Presumably, any compensation would also be payable by the MP.

    Who is supposed to investigate these claims isn’t clear, but it doesn’t seem to be the Commonwealth. Presumably some independent arbitrator would be appropriate, and this arrangement is what the Labor Party claims to have put in place. Whether there is any necessary reason for the Labor Party to become involved at all is a moot point.

    A more serious issue to me is whether taxpayer-funded MOPS Staff have been used to do personal chores for Hussar. This is matter for the AFP not the ALP.

  14. Brett

    This is very redolent of what happened to Gabrielle Harrison, the former NSW State Member for Parramatta and Minister for Sport during the Sydney Olympics; it is a time-honoured tactic of factional warfare in the NSW branch of the ALP.

  15. Pedro the Ignorant

    Habit has nailed it.
    Lord Waffleworth is running dead on Ms Husar because he is afraid a number of Libs are up to the same dirty tricks.

    The Comcar misuse is endemic among pollies and Plod should be brought in to investigate, not some whitewasher maaaate.

  16. Youngster

    MoPS Act staff arrangements occupy a sort of twilight zone, where both the Commonwealth and the employing Member or Senator have responsibilities towards a staffer. The Commonwealth pays their salaries, but the MP sets the salary (within the confines of the relevant CBA). OHS obligations are on both parties. The Commonwealth negotiates a new CBA with staff (MPs and Senators aren’t part of the negotiations).

    If a complaint was made to the Department of Finance (which it may not have been), the Commonwealth would absolutely have to investigate. I suspect the staff involved have not complained to the Department, hence, no investigation.

  17. And all the while the ABC opines “BUT SHE IS JUST A SINGLE MUM FFS!!!”

    As though that had any relevance whatsoever.

  18. Habib

    Easy fixed of course, let the member be the actual employer, and pay for their own sycophants and toadies.

    Just what sort of mutant would you have to be to take on such a gig? Chief turd at the shitworks is a huge step up from this venal vocation.

  19. The Government is not nuking Husar because they’d rather like her to be a nice juicy advertising target for the election, since it isn’t as if they have much else to run on.

    It makes no sense whatsoever. By not making as much noise about this as possible now, it looks like the government doesn’t consider it a major issue. So bringing it up much later has little impact or no impact and smacks of the government being disingenuous. So easy for Labor to counter and make the government look like fools, which is not difficult to do at the best of times.

  20. Des Deskperson

    ‘If a complaint was made to the Department of Finance (which it may not have been), the Commonwealth would absolutely have to investigate.’

    Given that Finance owns the regulatory framework under which MOPS staff are employed, then yes, it would have to investigate if the matter was brought to its attention. Presumably MOPS staff are made aware of this role when they are inducted. Would a formal complaint be necessary for such an investigation?

    The fact that the Commonwealth at both the government and administrative levels doesn’t seem to want to involve itself – despite the highly publicised and blatant alleged abuses of staff – seems to indicated to me that they are not MOPS Act staff. m that

  21. Cassie of Sydney

    I have just read the “explosive allegations in the Oz. They are hysterical….my oh my, somebody in the ALP is really out to get the woman. I reckon that Husar crossed somebody that she really shouldn’t have. Wonder who….Plibershit?

  22. tombell

    More evidence – if it be needed – that the current government (I use the term loosely) is hopeless both on policy and politics. Has Turnbull ever laid a glove on anyone?

  23. H B Bear

    Nice little dispute for the Liars while they are still in Opposition. Wait till the Peanut Head government gets its union controlled hands on the levers and there is something worth fighting over.

  24. H B Bear

    Has Turnbull ever laid a glove on anyone?

    Peter King. And his girlfriend’s cat.

  25. Good questions but why don’t you address them to Turnbull, Laundy and the AFP then post the replies here?

  26. Spartacus, I thought exactly the same thing when I first heard on ABC radio that the Labor Party was investigating the allegations. An appalling state of affairs.

  27. We should all ring up the office of our nearest Liberal or National MHR to complain. I’ve done so.

  28. candy

    I have to wonder how many staffers are doing little personal tasks quite willingly for their boss, because they want to be next to a “powerful person”. Their own “power” comes from working for a powerful person, kind of.
    Possibly Mr Turnbull’s staff do errands very willingly. Making him coffee, getting some shopping items, organising something or other in his home that Mr and Mrs Turnbull don’t have time for, booking dinner reservations, etc.

    If the staff request to help out because it gives them a good feeling to be needed by someone powerful, I am not seeing a problem. Maybe Ms Savva’s husband does little jobs for Mr Turnbull because he likes his boss. Is there an issue with that if they are all good mates?

  29. Boambee John

    tombell at 1226

    Has Turnbull ever laid a glove on anyone?

    Brendan Nelson? Tony Abbott? Not too many others though.

  30. Ƶĩppʯ (ȊꞪꞨV)

    Where is the esteemed Minister for Small and Family Business, the Workplace and Deregulation (Craig Laundy) on this and where is the Prime Minister?

    Them’s got them’s snout in the trough.

  31. mizaris

    Craig Laundry is too busy recognising palestine to be bothered with anything on the domestic front.

  32. egg_

    I have just read the “explosive allegations in the Oz. They are hysterical….my oh my, somebody in the ALP is really out to get the woman. I reckon that Husar crossed somebody that she really shouldn’t have. Wonder who….Plibershit?

    Insiders? mentioned a factional brawl involving Plibbers.

  33. mizaris
    #2779006, posted on August 2, 2018 at 1:40 pm Craig Laundry is too busy recognising palestine to be bothered with anything on the domestic front.

    Every time that Bush senior, Clinton, Gillard, Rudd etc did a nasty on Israel, their countries got hit with super expensive storms, bush fires etc.

    Bad enough that J. Bishop gave taxpayers $ to the terrorists sponsors. In my opinion, recognising so-called Palestine will NOT be good for Australia or Australians.

  34. JohnA

    bemused #2778895, posted on August 2, 2018 at 12:12 pm

    The Government is not nuking Husar because they’d rather like her to be a nice juicy advertising target for the election, since it isn’t as if they have much else to run on.

    It makes no sense whatsoever. By not making as much noise about this as possible now, it looks like the government doesn’t consider it a major issue. So bringing it up much later has little impact or no impact and smacks of the government being disingenuous. So easy for Labor to counter and make the government look like fools, which is not difficult to do at the best of times.

    Exactly. If this stupid government (meaning Mr Turnbull and his political advisers) had any wits about them, they would be running hard on this now, hopefully to see her disgraced and maybe resign from her seat if the allegations are proved true.

    Once made public it is on the record and part of the political memory, so can be revived during the election campaign, along the lines of “Labor: the Rorts Party, featuring abuse of their staff plus coverup investigations – do you REALLY want them running the country?”

    But if they don’t say anything now, they won’t be able to say anything later. And I am not known for my political tactical skills…

  35. J.H.

    “Forget about politics. How about some rule of law.”

    There is no rule of law…. There is only the rule of the Political class.

    That should be quite apparent by now, considering the mounting evidence that the above example once again points out.

  36. V_maet

    And now she is assuced of exposing herself “Basic Instinct” style to Jason Clare while he was playing on the floor of his office with his kid.

    Who would want to see that.
    The thought gives me heebie jeebies

  37. Dr Fred Lenin

    See a dozen alp aparatchiks have been arrested for fraud ,this of course is a new thing !(the arrests I mean ) . Surely this got past the pardee keeper,over his head was it ,and modern police actually doing their job ! The Fraud Squad an out of control renegade group interfering in .alp politics

  38. NB

    Thank you Des Deskperson (#2778863, posted on August 2, 2018 at 11:42 am) for additional facts. Seems to me the longer and slower this plays out the better. The more so if the ALP ‘investigation’ can be shown to be biased. I never heard of the ALP or its friends investigating anything without baseball bats in hand, so not sure what their competency is when required to do something in full light of day. Richo, of course, diversified, and maybe I best await a fire or two.

  39. Des Deskperson

    ‘Thank you Des Deskperson (#2778863, posted on August 2, 2018 at 11:42 am) for additional facts. ‘

    No problem. I should also point out that while it has been stated that the Department of Finance should have and would have investigated the claims of bullying and harassment had a complaint been made to it, the outcome of any such investigation could only have been recommendatory, since it is the MP who has full legal responsibility for all aspects of the employment relationship with the staffer. Apart from this clear division of responsibility in law, I know from personal experience that governments don’t like bureaucrats interfering in any aspect of the relationship between them and their staff.

    Anyway, given the bizarre claims that are now being made by ‘staffers’, I’m more convinced than ever that these people are not and never were MOPS Act employees, but your typical political adviser apparatchiks employed by the Labor Party.

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