Federal, State, Territory or Local Elections

Last updated
07 March 2025

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:

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:

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 came into effect on 20 February 2025. It 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. This includes during a federal election. 

For detailed information, including Frequently Asked Questions, refer to the Directing a MOP(S) Act employee factsheet. 

The Australian Public Service Commission has now published Guidance on applicable codes, standards and disciplinary frameworks for APS employees working in a parliamentarian’s office.

This follows the commencement of the Australian Public Service Commissioner’s Directions Amendment (2025 Measures No. 1) Directions 2025 on 21 February 2025 which disapplies the APS Values of Impartial and Committed to Service when an APS employee takes leave without pay and is employed under the Members of Parliament (Staff) Act 1984(MOP(S) Act) to support a Federal parliamentarian.

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.

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.

Support Available

HR

The PWSS HR Advice team can assist with employment and HR related matters and be contacted via 1800 747 977 (Option 2) or hr@pwss.gov.au between 9am and 5pm, from Monday to Friday. Further information will also be provided via the PWSS CPO monthly update. The PWSS can also assist parliamentarians to complete WHS risk assessments and implement mitigation strategies.

Office expenses

For information relating to office expenses please contact the Ministerial and Parliamentary Services Help Desk on 02 6215 3333 (option 2) or mpshelp@finance.gov.au.

Travel

IPEA should be contacted regarding any travel related queries and can provide personal advice on planned travel on (02) 6215 3000 or enquiries@ipea.gov.au. All personal advice from IPEA is exempt from disclosure under the Freedom of Information Act 1984. Where a parliamentarian relies upon advice provided by IPEA, safe harbour provisions under the PBR Act may apply.