Members of the House of Representatives Not Re-elected

Cessation Checklist

Cessation Checklist
Remuneration
As a Member of the House of Representatives what effect will the Federal election have on my remuneration, if I am not successful?

The Parliamentary Business Resources Act 2017 provides that, a Member of the House of Representatives who is a candidate for re-election at the Federal election shall be paid remuneration (which includes salary, electorate allowance, the provision of a private-plated vehicle and residential internet and telephone services) until the end of the day immediately preceding polling day.

Who can I talk to about my remuneration and any resettlement allowance?

The Department of the House of Representatives is responsible for the payment of your salary, electorate allowance and any resettlement allowance.

M&PS can assist you in relation to private-plated vehicles and residential internet and telephone services. Please contact your State or Territory Manager for further assistance.

Who can I talk to about my Superannuation?

The Parliamentary Superannuation Team in the Department of Finance is available to give members of the Parliamentary Contributory Superannuation Scheme information on their superannuation.

If you joined Parliament after 9 October 2004 will need to contact your nominated superannuation provider.

What happens to my private-plated vehicle?

If there is any damage to your vehicle, however minor, please ensure that it is repaired now by contacting the sgfleet 24 hours helpdesk on 1800 009 082. In particular, check for any damage to the roof such as hail marks. Often the cost of these repairs is covered by ComCover, and any excess or charges not covered by insurance are invoiced to M&PS.

If you are not re-elected, your State or Territory Manager will discuss arrangements for your vehicle to be collected or dropped off to ensure that you do not personally incur any lease or fuel costs. Please make sure all keys, fuel cards, car manual and other accessories are left in the vehicle, and that it is returned in a clean, sound, and serviceable condition.

The actions above help avoid additional charges from the fleet provider for unreasonable wear and tear.

Can I buy my private-plated vehicle?

Yes, but only if the lease has expired or is due to expire shortly.

If you are considering purchasing your vehicle, please contact the M&PS VIP manager as early as possible on 03 6242 2101 or email MPSVIP@sgfleet.com. Any purchase of a vehicle is a private arrangement between you and the lease provider, with payment made directly to the provider. Please be aware that there may be costs involved with the purchase, such as inspection fees, transfer, registration and duty fees, which must be met at your personal expense.

In the event that you decide to purchase your vehicle and arrangements are not finalised by the end of the lease or you cease as a Member, you must return the vehicle to M&PS until the sale is finalised. Personal arrangements must be made for vehicle insurance once the purchase is finalised, to take effect from the date of collection.

Fuel cards cannot be used for further purchases and must be returned with the vehicle or given to your State or Territory Manager.

What happens to my residential internet and telephone services?

If the service account is in your name, no action is required.

If the account is in M&PS’ name, arrangements will be made for the transfer of the account to you from the day before polling day. You can discuss these arrangements with your State or Territory Office.

Annual Budget for Office Expenses
Can I access the annual budget for office expenses after the dissolution of the House of Representatives?

Yes. The last date that a Member of the House of Representatives who contests but is not re-elected can incur office expenses for their parliamentary business is the day before polling day. Office expenses incurred after this time are not claimable.

This includes, but is not limited to, printing, communicating and distributing a ‘farewell newsletter’ or similar printed item, purchasing a hard copy or electronic publication, or placing material in printed and electronic publications produced by third parties.

If you have ordered, but not been provided with, any goods or services by the day before polling day, you will need to cancel the order or arrange to meet the costs personally. If goods and/or services are received on and from polling day, the Commonwealth is unable to meet the cost. Invoices provided to Ministerial and Parliamentary Services that relate to such goods and services will be returned/forwarded to you for payment.

Can I send out a “farewell” newsletter after the declaration of the poll?

No. In the case of a Member of the House of Representatives who is not re-elected, the last date that the office budget can be accessed is the day before polling day.

If you have ordered, but not taken delivery of any printed items at the close of the day before polling day, you will need to cancel the order, if possible. If a final printed product is received on or after the date of the Federal election, the Commonwealth is unable to meet the cost and the invoice will be returned to you for payment.

What should I do with my surplus personalised stationery?

As you will be unable to use this stationery for official purposes beyond the date of the Federal election, the contracted property service provider can provide secure/confidential bins on request for the disposal of these items. When you dispose of any remaining stocks, care should be taken to ensure that it cannot be fraudulently used by others.

What should I do with any remaining flags and other nationhood material?

Remaining stocks must remain in the office. Flags and constituent request items are purchased at Commonwealth expense and provided for parliamentary business.

Invoices for flags and other nationhood material ordered on or after polling day will be forwarded to you for payment.

What should I do with any remaining office stationery and supplies?

Remaining stocks, including toner and printer cartridges and blank paper supplies, must remain in the office. Office stationery and supplies are purchased at Commonwealth expense, and are provided for parliamentary business.

Invoices for office stationery and supplies ordered on or after polling day will be forwarded to you for payment.

Do I need to cancel the delivery of newspapers and subscription services to electronic publications?

Yes. If you wish to continue receiving any newspapers or maintain subscription services, please arrange to make payment personally.

If you wish to cancel the service, please advise your supplier as soon as possible after the declaration of the poll.

What happens to my Australia Post account and to the funds on my postage meter?

Your Australia Post account is a personal arrangement.

Any remaining funds on your postage meter from the close of the day before polling day will be repaid to the Commonwealth. Your State or Territory Manager can assist with this process.

Can I keep my PO Box number?

No. The PO Box number will be retained by M&PS.

If you wish to have your mail redirected, you will need to make arrangements directly with Australia Post at your own expense.

Do I need to close my Commonwealth-funded website?

Yes, this should be closed as soon as practical.

Can I produce postal vote applications and reply-paid envelopes from my annual budget for office expenses?

Yes – provided you distribute the postal vote applications and reply-paid envelopes to meet the AEC’s deadline for receipt of a postal vote application. There is no prescribed limit on the number of postal vote applications (PVA) and reply paid envelopes for PVAs that may be printed and distributed using your annual budget for office expenses. However, you must take into account your obligations under the Parliamentary Business Resources Act 2017, in particular, your obligation to not claim expenses unless the expenses are incurred for the dominant purpose of conducting your parliamentary business. For example, in determining an appropriate number of PVAs to be printed, it would be appropriate for you to consider the number of enrolled voters in your electorate.

Information on the number of enrolled voters is available from the Australian Electoral Commission.

It is expected that the delivery address for a reply paid envelope for PVAs would be your electorate office, Parliament House office, capital city office or Post Office Box. It is also expected that you conform to the restrictions that apply to the timing and distribution of PVAs to electors as set out in the AEC’s guidelines for the reproduction of postal vote Applications.

The Parliamentary Business Resources Regulations 2017 prohibits the use of the annual budget for office expenses to pay for postage stamps or stamped envelopes, other than those provided by a Department of the Parliament established under the Parliamentary Service Act 1999.

What if the form of postal vote applications (PVA), as gazetted by the Australian Electoral Commission (AEC), changes after I produce my PVAs - can I still claim the cost from my annual budget for office expenses?

Yes. However, you will still need to comply with the requirements of the Commonwealth Electoral Act 1918.

For further information please refer to the AEC’s guidelines for the reproduction of postal vote Applications.

Office Accommodation and Resources
When do I need to vacate my electorate office?

You need to vacate your electorate office as soon as practical once the outcome is known.

When do I need to vacate my ministerial or senior office holder office?

You need to vacate the office provided to you as a Minister or senior office holder (where relevant) at, or as soon as practical after, the time that you cease to hold that office.

What do I need to do in my Parliament House office?

You can contact the Serjeant-at-Arms’ Office in the Department of the House of Representatives regarding the removal of your items from your Parliament House office.

What will happen to my satellite office? At what point can I no longer claim any expenses related to operating the office?

You are personally responsible for all arrangements, statutory obligations and expenses for privately leased satellite offices, including work health and safety obligations and the payment of rent and service costs. The limit of the Commonwealth’s involvement is to the reimbursement of eligible expenses.

Costs can only be claimed for the period that you were a Member, and only after the services had been received. As a result, eligible expenses up to the date of the day before the Federal election may be claimed. You are personally responsible for all expenses after that date.

What do I need to do in my electorate office?

Your State or Territory Manager can provide assistance with relocating effects (other than Commonwealth-owned items) from the electorate office and general advice on vacating the office. Boxes can be provided for you to pack effects, and a one-off removal of your items and papers to your private residence (or other place) can be arranged. You will need to meet costs of insurance of personal items, including during transit.

It is recommended that you commence clearing your office as early as practical to ensure it is handed over to M&PS in good condition.

The contracted property services provider can provide additional general rubbish/recycling bins and secure/confidential bins for this purpose. An office handover and stock-take will be conducted by M&PS prior to your retirement. All Commonwealth owned assets that may be off-site, including cameras and digital/video equipment, must be returned to the office.

As office stationery and supplies, minor office equipment and accessories for ICT are purchased at Commonwealth expense, and are provided for parliamentary business, items must remain in the office.

During the office handover, all keys to the electorate office, PO Box (if applicable) and security passes must be returned to M&PS.

Please contact the Department of Parliamentary Services (DPS) 2020 Service Desk regarding the return of Commonwealth-funded mobile ICT equipment (other than any equipment directly leased or hired by you). These items may also be provided to M&PS at the handover for return to DPS.

You should ensure procedures for clearing out the office do not introduce risks to the health and safety of employees or volunteers, particularly with regard to manual handling.

Which records should be kept and/or destroyed?

The National Archives of Australia (NAA) provides advice to Senators and Members on the preservation, storage and disposal of records.

ICT Equipment

All queries regarding Commonwealth-funded office and mobile ICT equipment should be directed to the Department of Parliamentary Services, 2020 Service Desk.

Employees
If I am a Member who is not re-elected, when do my employees cease?

For electorate employees of a Member who is not re-elected (other than those Members who also hold an office), the following arrangements apply:

Employment Category Employment
Ongoing employees Employment will cease at the declaration of the poll.
Non-ongoing employees Employment will cease at the earlier of:
  • the end of their current employment agreement, or
  • the declaration of the poll.
Casual employees Employment will cease at the earlier of:
  • the end of a working day prior to a business day on which the employee does not work, or
  • the end of their current employment agreement, or
  • the declaration of the poll.

During this period, employees may assist you to finalise your affairs in the electorate office.

M&PS will write to employees separately regarding their individual circumstances.

For further information, please contact the Staff Help Desk or view the information available in the MOP(S) Act Employees Q&As.

Can I direct my staff to travel after the Federal election?

No. You are no longer able to direct staff to travel from the day of the Federal election.

However, M&PS is able to approve direct travel between the electorate office and Canberra in limited and special circumstances (for example, travel for one employee to assist with the packing up of the Parliament House office or to return to their work base if an employee is travelling at the time of the declaration of poll).

Approval is required from your Advice and Support Director prior to travel taking place.

Can I employ relief or other staff after the Federal election to help with packing up the office?

No. From the day of the Federal election, you are no longer able to employ staff under the Members of Parliament (Staff) Act 1984 and are therefore unable to engage any new staff or make any changes to arrangements for existing staff.

Only staff who were engaged, and commenced prior to polling day may assist with cleaning up of the office.

Can I direct my employees to work from the party’s campaign headquarters?

Yes. By convention, personal and electorate employees may undertake activities in support of your own re-election but not in support of the election or re-election of others. In addition, electorate employees may not be directed to undertake party political duties (refer MOP(S) Act Determination 2016/15).

You should satisfy yourself that your electorate employees are not undertaking party political duties and that you are able to defend the duties undertaken by all of your employees. Directing an employee to assist the party’s campaign in general may be defensible. The duties of an employee become less defensible to the extent that they are in support of the election of another person and not in support of your own re-election.

Redistributions
When does the redistribution come into effect?

Members of the House of Representatives will not represent the new electoral divisions until after the next general election. The member who was elected by their constituents at the previous general election or by-election therefore continues to represent those constituents until the election.

For representation purposes, electoral division name changes also do not come into effect until the next Federal election.

Can a member who will have a new area added to their electorate at the next federal election due to a redistribution of electoral boundaries use their office expenses to communicate with residents in this new area before polling day?

Yes, members can communicate with residents anywhere in Australia at any time subject to the limit of their annual budget for office expenses and provided the communication:

  1. relates directly to the member’s role as a member and is dominantly connected with the business of the Parliament or the member’s policy portfolio;
  2. delivers value for money; and
  3. complies with all office expense conditions (including, for example, that the communication does not solicit a vote for a political party or person other than the member, does not provide instruction on how to complete a ballot paper, or does not include an advertisement pursing a commercial purpose).

The member’s annual budget for office expenses will not be recalculated based on the number of enrolled voters within the redistributed electoral boundaries until after the next federal election.

Can a member who represents an electorate that is at least 5,000km2 in area be reimbursed the cost of establishing a privately-leased office in an area that will be added to their electorate as a result of a redistribution of electoral boundaries?

No. A member who establishes a privately-leased office in an area that the member will represent if re-elected at the next federal election cannot be reimbursed any costs connected with establishing or maintaining the office that relate to the period before the election.

Due to the redistribution, a significant town has been added to my electorate. Can I now move one of my Commonwealth-funded offices to this town?

Not until after polling day, and subject to Ministerial approval.

A Commonwealth-funded electorate office is not able to be relocated to the new areas until after the date of the election.