Right: Prime Minister Malcolm Turnbull with wife Lucy. The PM was quoted as saying that he consulted with Lucy Turnbull before announcing the ban on sexual realtions between MPs and staffers
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Background information
On February 15, 2018, the Prime Minister, Malcolm Turnbull, made an addition to the Australian Government's 'Statement of Ministerial Standards', otherwise known as the ministerial code of conduct.
The addition, Standard 2.24, states, 'Ministers must not engage in sexual relations with their staff. Doing so will constitute a breach of this code.' It was introduced under the subheading: 'Other relationships' on page 8 of the Standards.
Mr Turnbull also supplied a new foreword to the Standards. This is reprinted in full below:
' Ministers and Assistant Ministers are entrusted with the conduct of public business and must act in a manner that is consistent with the highest standards of integrity and propriety.
They are required to act in accordance with the law, their oath of office and their obligations to the Parliament.
In addition to those requirements, it is vital that Ministers and Assistant Ministers conduct themselves in a manner that will ensure public confidence in them and in the government.
This Statement is not, and cannot be, a comprehensive statement of rules.
Ministers need to exercise their judgement, and common sense, in complying with both the principles and spirit of the Standards and their letter.
Ministers must recognise that while they are entitled to privacy in personal matters, they occupy positions of great responsibility and public trust. The public has high expectations of them in terms of their personal conduct and decorum.
Ministers should be very conscious that their spouses and children sacrifice a great deal to support their political career and their families deserve honour and respect.
Ministers should also recognise that they must lead by example - values should be lived.
So as you will see I have today added to these standards a very clear and unequivocal provision: Ministers, regardless of whether they are married or single, must not engage in sexual relations with their staff. Doing so will constitute a breach of the code.
While this new standard is very specific, Ministers should be acutely aware of the context in which I am making this change and the need for them always to behave in their personal relations with others, and especially their staff, the staff of other Ministers or members of the Australian Public Service, with integrity and respect.'
History of Australia's Ministerial code of conduct
The Commonwealth has a guide to ministerial conduct but no code of conduct covering senators and members. The former Prime Minister, John Howard, was the first Australian Prime Minister to establish a public ministerial code of conduct titled A Guide on Key Elements of Ministerial Responsibility. This was released in December, 1996.
Dr John Uhr noted in reference to the Howard Code: 'Given that the document is not a law or regulation and that it does not even have any formal parliamentary authorisation, there is nothing to stop the Prime Minister as author of the document from using his authority to alter or amend it or to interpret it as he sees fit.'
This highlights how ministerial codes in Westminster-type systems are generally controlled by the executive (usually the prime minister or premier) rather than the parliament.
On 6 December 2007 the then Prime Minister, Kevin Rudd, released Standards of Ministerial Ethics which replaced chapter 5 of the Howard Code. The new Standards included:
the requirement that lobbyists register their details on a register of lobbyists before seeking access to ministers or their offices;
rules on the post-separation employment of ministers;
a ban on electoral fundraising at the Prime Minister's official residences and
requirements that ministers divest themselves of all shareholdings or place their shares in broad superannuation or trust funds.