Parliamentarians have obligations and responsibilities under the Parliamentary Business Resources Framework (PBR Framework) and Members of Parliament (Staff) Act 1984 (MOP(S) Act) employment framework relating to State, Territory and local elections that may include activities involving (but not limited to):
- resources provided under the PBR Framework,
- directing electorate employees,
- engaging volunteers, and
- travel.
It is also the responsibility of parliamentarians to ensure any other legal requirements or authorisations are met, and that they are satisfied that they are able to defend their use of public resources and duties undertaken by all their employees. For the relevant State or Territory electoral requirements, please be sure to visit the Electoral Commission website as each jurisdiction is different:
- ACT Electoral Commission
- Electoral Commission of Queensland
- Electoral Commission SA
- Northern Territory Electoral Commission
- NSW Electoral Commission
- Tasmanian Electoral Commission
- Victoria Electoral Commission
- WA Electoral Commission
- Australian Electoral Commission
Resources provided under the PBR Framework
The Parliamentary Business Resources Act 2017 (PBR Act) does not preclude parliamentarians from using PBR Act public resources or claiming expenses for activities related to their own parliamentary business. However, the PBR Act prescribes conditions which prohibits the use of Commonwealth-provided offices or resources for the purposes of assisting in the election/re-elections of others.
Parliamentarians may use their work expenses in support of their own re-election, but not to produce, communicate or distribute material that seeks the election or re-election of any other person or to solicit a vote for a political party. This includes the use of printed and electronic material, and material produced either in-house or by a commercial service provider. The PBR Framework imposes specific conditions on the use of office expenses. If an expense contravenes a condition, a parliamentarian is unable to claim expenses for the item.
In particular, parliamentarians must ensure that material does not:
- solicit a vote for another person (or any political party)
- solicit subscriptions or other financial support or non-financial support for any parliamentarian, political party or candidate (other than volunteering)
- solicit applications for or renewals of membership in a political party
- provide instructions on how to complete a ballot paper, including for a federal, state or territory election and referendums
- include an advertisement pursuing a commercial purpose for the parliamentarian or another person (including a business)
- exceed the limit of the parliamentarian's office budget
These conditions apply to all election-related activities. For further information on each of these conditions – see Printing and communication and Conditions for claiming.
In general, material produced, communicated or distributed using the office expenses budget should not mention voting, unless the material expressly requests the recipient to vote for the Parliamentarian, or is about participating in an election or referendum without soliciting a vote for any person, party, or position (i.e. 'Vote 1', 'Yes' or 'No').
Parliamentarians are not permitted to use their Commonwealth-provided or funded offices to undertake election-related fundraising activities. Parliamentarians are accountable for all use of resources provided to them at Commonwealth expense, including any charges incurred for use of office equipment and facilities, such as telephones. Please refer to the Use of offices and office resources webpage for more information.
Parliamentarians must be satisfied that they have met all of their obligations under the Parliamentary Business Resources Act 2017 (PBR Act), including that the expense:
- is for the dominant purpose of conducting their own parliamentary business
- achieves value for money, taking into account the need to conduct their parliamentary business,
- is in good faith and ethical,
- is publicly justifiable, and
- meets all conditions in relation to the specific resource.
Parliamentarians are encouraged to use the optional pre-claim assessment process for any election-related activities. Please note that the pre-claim assessment only reviews an item against the requirements of the PBR Act. It is the responsibility of each parliamentarian to ensure any other legal requirements or authorisations are met, including electoral laws.
Parliamentary business
The meaning of ‘parliamentary business’ is provided for in section 6 of the PBR Act and includes four duty streams:
- Parliamentary duties – activities that relate directly to the parliamentarian’s role as a parliamentarian and is a determined activity;
- Electorate duties – activities that support or serve the parliamentarian’s constituents and is a determined activity;
- Party political duties – activities that are determined; or
- Official duties – activities that relate to the parliamentarian’s role as an office holder or Minister of State and is a determined activity.
Activities that relate to each of these duty streams are prescribed within the Parliamentary Business Resources (Parliamentary Business) Determination 2025. When directing MOP(S) Act employees to support, assist or facilitate an activity in relation to parliamentary business, the employing parliamentarian must be able to satisfy themselves that the dominant purpose of the activity is parliamentary business.
Parliamentary business does not include any activity that is not included in the Minister’s parliamentary business determination, or any activity with the dominant purpose of:
- providing a personal benefit to the parliamentarian or another person (such as a candidate or political party), or
- pursuing commercial purposes of the parliamentarian or another person (such as a local business or political party).
For example, “commercial purpose” is defined under the PBR Act to mean ‘a purpose relating to the derivation of financial gain or reward’. This means that a parliamentarian must not claim work expenses or use public resources for the purpose of fundraising, soliciting donations or attending fundraising events and activities. The activities determined under the Parliamentary Business Determination, such as under the ‘Party political duties’ stream, do not override these constraints.
Directing employees
The Members of Parliament (Staff) (Employee Direction) Determination 2025 outlines that a parliamentarian or office-holder:
- may employ MOP(S) Act employees to assist them to carry out the duties of the employing parliamentarian or office-holder, and
- may direct a MOP(S) Act employee to undertake activities that support, assist or facilitate the employing parliamentarian or office-holder’s duties, including the conduct of the parliamentary business of the employing parliamentarian or office-holder.
This determination makes it clear that parliamentarians or office-holders may direct their staff, both personal and electorate, to support, assist or facilitate in the conduct of their parliamentary business (or other duties). That is, there is no distinction between the duties that a personal employee and an electorate employee may be directed to undertake.
See above for further detail on parliamentary business.
Other duties
Under the MOP(S) Act, parliamentarians and office‑holders have powers to employ people on behalf of the Commonwealth, to assist them in carrying out their duties. Both the MOP(S) Act employment framework and the PBR framework are principles based. It is the responsibility of the employing parliamentarian to ensure that all directions to MOP(S) Act employees are:
- reasonable,
- lawful, and
- defensible – as MOP(S) Act employees are Commonwealth employees.
To the extent that the activity concerns a federal election, it is a matter for the employing parliamentarian to satisfy themselves that it is in accordance with all relevant laws.
Employees on approved leave
It is not appropriate for MOP(S) Act employees to be directed to take leave (paid or unpaid) to undertake activities relating to federal, state, territory or local jurisdiction elections. Workplace relation laws specify that an employer can only direct an employee to take annual leave in some situations. For example, when:
- the office is closed during the Christmas and New Year period
- an employee has accumulated excess annual leave.
Employees may choose to take annual leave, and this would be approved via the normal mechanisms.
Should MOP(S) Act employees be on approved paid or unpaid leave they may choose to undertake activities in relation to an election. In this circumstance, the employee would be considered a volunteer (see below) and would not be covered by the Commonwealth’s workers’ compensation scheme (Comcare) or insurance fund (Comcover) in the event of an injury or workplace incident.
Employees standing as a candidate in an Election
MOP(S) Act employees contesting an election
While the MOP(S) Act does not preclude MOP(S) Act employees being on approved paid or unpaid leave to contest an election, MOP(S) Act employees who are considering contesting an election should seek independent legal advice on their eligibility to contest in the relevant federal, state, territory or local jurisdiction, while still being employed or paid as a MOP(S) Act employee.
Further details for MOP(S) Act employees who wish to participate in some other way, such as volunteering, is set out below.
Federal elections
The Australian Electoral Commission (AEC) provides guidance to candidates on nominations. Further information is available at aec.gov.au.
Campaigning for your own election during normal working hours
MOP(S) Act employees are unable to campaign for their own election during working hours, or use any office facilities or resources towards their own election.
Reinstatement under the MOP(S) Act
Should you resign, you will not automatically be reinstated under the MOP(S) Act if you are unsuccessful as a candidate. It is a matter for the individual parliamentarian to decide if they will re-engage a former employee who resigned to stand as a candidate.
Engaging a volunteer
Parliamentarians may engage individuals to perform tasks in a voluntary or unpaid capacity. These individuals may be work experience students, members of the community or family members of the parliamentarian.
Volunteers work in a capacity for the parliamentarian rather than the Commonwealth and are not covered by the Commonwealth’s workers’ compensation scheme (Comcare) or insurance fund (Comcover) in the event of an injury or workplace incident. The parliamentarian is responsible and liable for work health and safety matters relating to the volunteer, not the Commonwealth. This responsibility includes meeting the cost of any work health and safety related equipment or services, such as ergonomic workstation assessments and the provision of any specialised equipment.
Parliamentarians engaging an individual on a voluntary basis in their office are encouraged to take out their own personal insurance cover and to consider any security and confidentiality factors relating to their engagement.
Managing Fatigue and other WHS Risks
In the lead-up to an election, parliamentarians and MOP(S) Act employees may be exposed to, or expose other persons to, a greater range of health and safety risks in the workplace. Parliamentarians must familiarise themselves with the Fatigue Management Policy and information relating to other WHS risks during election periods, to assist them in managing the health and well-being of their employees and volunteers during election periods.
The Parliamentary Workplace Support Service (PWSS) can assist parliamentarians to complete WHS risk assessments and implement appropriate mitigation strategies.
Travel
Consistent with the PBR Act Framework, parliamentarians can only claim travel expenses that are incurred for the dominant purpose of conducting their parliamentary business. In all instances, the travelling parliamentarian must be able to meet all five obligations outlined above under the PBR Act.
Travel for parliamentarians and MOP(S) Act employees is administered by the Independent Parliamentary Expenses Authority (IPEA). IPEA should be contacted regarding any travel-related queries and can provide personal advice on planned travel. All of IPEA’s personal advice is exempt from disclosure under the Freedom of Information Act 1984 and where relied upon, engages the safe harbour provisions under the PBR Act.
Frequently Asked Questions
What duties can a MOP(S) Act employee be directed to undertake?
Finance considers that where a parliamentarian is satisfied that an activity is permitted, and can be claimed, under the PBR Act it follows that a MOP(S) Act employee can be reasonably directed to undertake such an activity.
This guidance is not exhaustive, but designed to support parliamentarians apply principles of the frameworks.
Is there a difference between what I can direct an electorate and a personal employee to do?
Under the MOP(S) Act, parliamentarians and officeholders have powers to employ people on behalf of the Commonwealth, to assist them in carrying out their duties. This new determination eliminates the distinction between what duties personal and electorate employee can be directed to undertake. Parliamentarians must satisfy themselves that directions are lawful and reasonable, and defensible as MOPS Act employees are Commonwealth employees.
Can MOP(S) Act employees fundraise on behalf of their employing parliamentarian?
MOPS Act employees cannot be directed to fundraise, solicit memberships or subscriptions. Fundraising is not parliamentary business and therefore cannot be undertaken using Commonwealth resources or employees (including MOP(S) Act employees) under these frameworks.
MOPS Act employees may be permitted to undertake fundraising activities in a volunteer capacity but cannot be directed to take leave to volunteer.
Can a MOP(S) Act employee travel to and attend an official political party conference or meeting?
MOP(S) Act employees are permitted to attend official political party events where their attendance is to accompany and support their parliamentarian carry out their parliamentary business. However, the event must not be for fundraising purposes. Where the parliamentarian is not able to defend that the dominant purpose of an event is connected to their parliamentary business, they must not direct a MOP(S) Act employee to support them.
MOP(S) Act employees are not permitted to attend such events as a delegate in their own right or on behalf of their employing parliamentarian.
What duties can a MOP(S) Act employee be directed to undertake in the lead up to a federal election?
MOP(S) Act employees are Commonwealth employees provided to parliamentarians and office-holders to assist them to carry out their duties, including the conduct of their parliamentary business.
MOP(S) Act employees can be directed to communicate with constituents including via telephone, in-person, or electronically, on behalf of the parliamentarian. MOP(S) Act employees can also be directed to prepare and distribute flyers that outline the work of their employing parliamentarian and door knock within their electorate. It is also permissible for MOP(S) Act employees to be directed to coordinate volunteers where this is relation to the parliamentarian’s re-election.
A parliamentarian should satisfy themselves that their MOP(S) Act employees, during the working hours as specified in the Enterprise Agreement applicable to the employee, are not:
- campaigning for the employee’s own election, or
- campaigning for the election of another person or candidate other than their employing parliamentarian.
Parliamentarians and office-holders are only able to direct MOP(S) Act employees to undertake activities related to their own duties and activities, which can include the parliamentarian’s own re-election. This means that judgement must be used when directing MOP(S) Act employees to assist at the party’s campaign headquarters, as the dominant purpose of this may be, or perceived to be, neither connected to your parliamentary business nor the day-to-day direction of the employee. Employing parliamentarians may direct their staff to represent them and their views at a campaign headquarters or other administrative support functions.
It is generally not appropriate for employees to be directed to travel to undertake activities relating to State and Territory elections as this will typically not be for the conduct of the employing parliamentarian’s parliamentary business.
Can MOP(S) Act employees hand out ‘how to vote’ pamphlets at polling booths?
No. The production and distribution of ‘how to vote’ materials that provide instruction on how to complete a ballot paper are prohibited and cannot be claimed under the PBR Act. Therefore, a MOP(S) Act employee cannot be directed to produce and / or distribute the how to vote card with Commonwealth resources.
For the avoidance of doubt, campaigning for another person is not parliamentary business and therefore cannot be undertaken using Commonwealth resources or employees (including MOP(S) Act employees).
MOPS Act employees may be permitted to undertake such an activity in a volunteer capacity outside of their work hours but cannot be directed to take leave to volunteer.
Can a MOP(S) Act employee wear a ‘how to vote’ t-shirt or other article of clothing?
MOP(S) Act employees may be permitted to wear clothing that states ‘vote 1’ for their employing parliamentarian but are prohibited from wearing clothing that promotes a vote for another person.
The production and purchasing of such clothing is not claimable under the PBR Act framework.
Judgement must be used by the employing parliamentarian that takes into account the location and context. For example such clothing may be perceived to be less defensible in an electorate office.
Can a MOP(S) Act employee be directed to take leave in order to undertake a duty that does not meet the definition of parliamentary business?
No, a MOP(S) Act employee may choose to take leave and undertake prohibited duties in a volunteer capacity but they cannot be directed to take their leave entitlements for this purpose.
Support Available
For HR advice and support please contact PWSS on 1800 747 977. Further information on the PWSS is available is at www.pwss.gov.au.
Any queries relating to a parliamentarian or MOP(S) Act employee’s travel should be directed to the Independent Parliamentary Expenses Authority (IPEA).
Queries in relation to use of your parliamentarian’s office and office resources, please do not hesitate to contact MPSHelp@finance.gov.au.