The independent investigation into complaints that staff in Emma Husar’s office were subjected to bullying and harassment has found no basis for her resignation, concluding the allegations of lewd conduct and sexual harassment were not supported.

However, the review did find cause for further investigation into the allegations of the misuse of public entitlements. It also found that complaints that staff were made to perform non-work related and personal duties for Husar, did have merit.

It also concluded allegations staff were “subjected to unreasonable management including unreasonable communication, demands, practices and disciplinary methods” had merit and recommended further training.

But in a statement in response to the John Whelan report, which NSW Labor will not release in full, a spokesman for the party branch said: “Based on this assessment, there is no basis for Ms Husar to resign from the Australian parliament.”

After the complaints and allegations were made public, Husar announced on Wednesday she would not re-contest the seat of Lindsay, and would serve out her remaining time on the Labor backbench, supporting the party’s election attempts.

An overview of the Whelan review found that while the allegations of misuse of public entitlements should be referred to the Independent Parliamentary Expenses Authority, a move Husar had already made, the most serious allegations of “sexual harassment on the balance of probabilities” and “allegations of lewd conduct in the office of a fellow member of parliament” were not supported.

Husar vehemently denied the allegations when they were made public and when announcing her decision not to contest the next election. She said she vomited when she first heard what was being claimed about her.

In a statement released shortly after the party announced the findings of the review, Husar said had been cleared “of the most malicious and damaging of allegations, which were not only baseless but leaked to the media”.

“Having only seen the summary findings in the form of a media statement, I don’t believe any of these should have cost me my reputation, my job, or humiliated me or any of my children,” she said.

“...I am gutted that the willingness of certain individuals, and certain parts of the media, to defame me on vexatious and unfounded accusations, has caused so much personal, emotional and professional damage to me, so much hurt to those close to me, and political harm to the party I have supported and worked so hard for.

“I am confident that, had I been afforded a proper opportunity to respond to all allegations in full, and without simultaneously been subject to public attacks to which I could not respond, I would have been able to put this behind me and to continue serving the people of Lindsay and working towards electing a Shorten Labor government.

“As it stands, I have done what I could in the interests of the Labor party by announcing I would not recontest the seat of Lindsay”.

Husar said she had acknowledged she experienced “difficulties” in setting up her new office, “despite requesting assistance” and was “always...and remain willing to take guidance and help” and would do so before returning to work.

NSW Labor reported Whelan found that the allegations Husar misled the parliament were not supported, but found complaints staff performed non-work and personal duties for the western Sydney MP, “had merit”, “even accounting for the particular nature of political offices” and recommended the allegations be sent to the parliamentary authority for advice.

“Complaints that staff were subjected to unreasonable management including unreasonable communication, demands, practices and disciplinary methods have merit,” NSW Labor said in its statement.

“In general terms, there are two contrasting perceptions which have been expressed to the assessment – the member expressed that she manages appropriately to achieve higher standards of performance and loyalty and does so under a heavy workload, intense personal stress, and a desire to serve western Sydney and in particular the cause of victims of domestic violence.

“Whereas male and female complainants perceive and allege they have found much of the member’s management offensive and unreasonable.

“After considering all sides of the relevant issues, the assessment has generally favoured the complainants perception of events.”

The report recommended ministerial and parliamentary services review the accessibility of the staff complaints resolution process, but was also scathing of how public the allegations had become.

“The independent assessment remarked that the release of a selection of matters subject to this assessment in the public domain was reprehensible. It had served to elevate tensions in an environment in which many have reported the stress this matter has placed on their mental health. For the record, no public material was released by the assessment,” the party spokesman said.



“The assessment has emphasised the need for de-esclatation. Thus, any public comment should be limited. To this end, the NSW ALP shall not provide further comment.

“There are concerns for the well-being of many involved, given the stress associated with this matter. Counselling has been and will continue to be made available.”

The party said it would not release the full assessment to protect the confidentiality of those involved in the review, but party officers had reviewed the process and “unanimously endorsed the procedural fairness measures put in place”.

Responding to the findings, Malcolm Turnbull said the recommendations for some of the complaints to further examined would be “considered in the appropriate way”.

But escalating his attacks against Bill Shorten, the prime minister said the opposition leader had questions to answer regarding what he knew and when.

“If you accept what he says, he was the last person in the Labor Party to know what was going on,” Turnbull said.

Turnbull faced similar questions over what he knew about staff movements within Barnaby Joyce’s office during his affair with a staffer, but maintained he had been unaware of what was happening with his deputy prime minister.

Shorten has previously stated he was first made aware of the complaints when Buzzfeed, which first published the story, asked his office for comment, on July 18.

At a press conference on Friday morning ahead of the release of the report, Shorten said he respected the process of the investigation and the decision of individual MPs to take leave when necessary.

“When Barnaby Joyce, and I’m not comparing each of the individual matters behind the reason for taking the leave, but when he sought to take some leave, Labor said enough politics there are real people here feeling the pressure, if they need to take leave they should,” he said.

“That’s a general piece of advice I’d give beyond that. In terms of the pre-selection of a new candidate, I’m sure that NSW Labor will proceed to address that matter in the near future.”