In these modern times, it is not enough to simply expect that people will behave well and respect one another. Whether it be a local bowling club or a political party, members can take a dislike to each other for one reason or another and, unless boundaries are clearly defined, act in inappropriate ways. Codes of conduct are vital in providing a healthy framework for every organisation. But should a code of conduct expressly state that someone not break the law?

Chelsey Potter and Dhanya Mani came forward to protest about sexual assault and harassment while they worked for Liberal politicians. Credit:Ben Searcy/Janie Barrett

The allegations of two female political staffers this week being sexually assaulted are horrendous. Everyone has a right to feel safe in their workplace. That these staffers were allegedly employed by Liberal MPs does not change the fact that, where sexual assault occurs, all victims should be encouraged to report the crime to police and have access to victims of crime support services. Codes of conduct protect members of organisations from the bad behaviour of others, but do not have the power to deal with criminal activities.

It is self-evident that a code of conduct cannot replace our criminal justice system. To suggest that crimes like sexual assault should be handled within an organisation under a code of conduct would be to sweep that crime under the carpet. What powers does an organisation have to deal with criminal acts? Do they have investigatory powers? Do they have the powers to compel someone to give evidence? Do they have powers to sentence someone? The answer is no.

Merely asking organisations to give an alleged perpetrator a rap on the knuckles for breaching a code of conduct means that they will never face the consequences of what they have allegedly done. If someone is found guilty of sexual assault by a court, they can be put on a sex offenders register, refused a working-with-children check and sentenced to make sure they do not harm others in future. They would likely not pass a police check required to keep working in government or a long list of other jobs.