You may only claim an expense or an allowance, and may only use a public resource, for the dominant purpose of conducting your parliamentary business.
If you contravene this obligation in relation to a claim, the claim may be rejected or have to be repaid, and a penalty loading of 25% may be applicable.
Parliamentary business
Parliamentary business means an activity determined by the Minister under the following four duty streams:
The parliamentary, electorate and party political duty streams only apply to senators and members of the House of Representatives. A person who is not a senator or member of the House of Representatives (such as a Minister whose term has expired in the Parliament but who continues to be a Minister) is unable to rely on the specified activities under these streams when claiming public resources.
The official duties stream only applies to office holders and Ministers of State.
Exclusions
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 you or another person with a personal benefit, or pursuing your or another person's commercial purposes.
Before submitting a claim, you should consider whether an expense could be perceived to have a personal or commercial benefit to you or another person.
Commercial purpose
Commercial purpose means a purpose relating to the derivation of financial gain or reward.
Some public resources, including electorate, Ministerial and office holder offices, resources provided for offices under the PBR Act, and satellite offices, must not be used for any commercial purpose regardless of whether the dominant purpose test is satisfied. Similarly, office expenses must not be used to advertise or promote anything for financial gain or reward of a person.
Dominant purpose test
To determine whether the claim is for the dominant purpose of your parliamentary business you should apply the dominant purpose test each time you claim an expense, allowance or other public resource
The dominant purpose test asks whether you would have undertaken the activity or incurred or claimed the expense, allowance or other public resource but for your parliamentary business. Where you would have taken the same action without the parliamentary business, the test is not satisfied and the expense, allowance or other public resource is not claimable.
The dominant purpose test would allow an activity to be undertaken or an expense to be incurred by you for more than one purpose, but requires that parliamentary business be the dominant purpose.
Things to consider before undertaking an activity
Before undertaking an activity that may result in a claim, you should consider whether:
- you would have undertaken the activity regardless of your parliamentary business. If so, a claim must not be made
- the activity could be perceived to provide a personal or commercial benefit to you or another person
- you are prepared to publicly justify your use of public resources as being for the conduct of your parliamentary business
- the activity has a personal or commercial benefit to the degree that it would not be publicly defensible to incur the expense, regardless of the parliamentary business being undertaken.
Examples where the dominant purpose test would not be satisfied include:
- ordering office stationery or equipment for your personal use, or for the use of a constituent or an organisation such as your political party, a sports club or community group
- making arrangements for a business to print newsletters (commercial purpose)
- including information on your webpage to advertise a business or venture from which you or another person could derive a financial gain or reward (commercial purpose).
Parliamentary duties
The parliamentary duties of a parliamentarian are the activities of the parliamentarian that relate directly to the parliamentarian’s role as a member of the Parliament and are determined by the Minister.
|
Parliamentarian (or class) |
Parliamentary duties |
|---|---|
|
All parliamentarians who are a senator or member of the House of Representatives |
In the parliamentarian’s capacity as a member of the Parliament: a) Preparing for, participating in and attending to business arising from proceedings of the Parliament, whether by committee of the whole or otherwise; b) Developing, reviewing or amending legislation or proposed legislation, and activities engaged in for that purpose; c) Undertaking research, communication (including with stakeholders) or administration connected with the business of the Parliament, the parliamentarian’s policy portfolio, or their role as a parliamentarian; d) Preparing for, participating in, or attending to matters arising from an official government, parliamentary or vice regal meeting, event or function; e) Preparing for, participating in and attending to matters arising from a meeting (including with stakeholders), event or function for the purposes of their role as a parliamentarian, including in relation to the parliamentarian’s policy portfolio; f) Preparing for, participating in, or attending to business arising from a non-Parliamentary committee, taskforce or other formal group in which the parliamentarian participates; g) Representing the Parliament, in accordance with an approval of the Parliament or a House of the Parliament, and engaging in associated activities for that purpose; h) Representing a Minister or office holder in their official capacity, at the request of that Minister or office holder, at a meeting, event or function; i) Representing the Government or Australia, with the approval of the Prime Minister. Note: For Ministers representing the Government or Australia in their capacity as a Minister, this would be part of the parliamentarian’s official duties (see Schedule 4). |
Electorate duties
The electorate duties of a parliamentarian are the activities of the parliamentarian that support or serve the parliamentarian's constituents and are determined by the Minister.
|
Parliamentarian (or class) |
Electorate duties |
|---|---|
|
All parliamentarians who are a senator or member of the House of Representatives |
In the parliamentarian’s capacity as their constituent’s elected representative: a) Facilitating and participating in debate, discussion, a meeting, event or function, or undertaking research or administrative functions relating to matters of importance or interest to constituents (including matters that do not relate exclusively to constituents, such as matters of national importance); b) Otherwise communicating with constituents; c) Representing the views and interests of constituents. |
Party political duties
The party political duties of a parliamentarian are the activities that are connected with both their political party and their membership of the Parliament and are determined by the Minister.
|
Parliamentarian (or class) |
Party political duties |
|---|---|
|
All parliamentarians who are a senator or member of the House of Representatives |
In respect of the political party to which the parliamentarian belongs, participating in any of the following in their capacity as an elected Senator or member of the House of Representatives: a) a formal meeting of the political party (including a meeting of the party executive, a committee or a subcommittee); b) a national, state or territory conference. |
Official duties
Only parliamentarians who are office holders or Ministers of State (including Parliamentary Secretaries) have official duties.
The official duties of a parliamentarian are the activities that relate to the parliamentarian’s role as an office holder or a Minister of State and are determined by the Minister.
|
Parliamentarian (or class) |
Official duties |
|---|---|
|
All office holders and Ministers of State |
In the parliamentarian’s official capacity (being their capacity as a Minister or office holder, as the case may be): a) Exercising the powers or functions, or performing the duties, of the parliamentarian’s office, or activities engaged in for the purposes of doing so; b) Attending an event to which the parliamentarian has been invited in their official capacity; c) Other activities directly related to, and engaged in for the purposes of, performing the parliamentarian’s official role. |
Office holders
Parliamentarians that hold the following positions are office holders:
- President of the Senate
- Speaker of the House of Representatives
- Deputy President and Chair of Committees of the Senate
- Deputy Speaker of the House of Representatives
- Leader of the Opposition
- Deputy Leader of the Opposition
- Leader of the Opposition in the Senate
- Manager of Opposition Business in the House of Representatives
- Deputy Leader of the Opposition in the Senate
- Shadow Minister
- Leader of a minority party
- Party Whip (however described) of a party for a House of the Parliament, where that party has at least 5 members in the relevant House (note: there may, for a party, be more than one party whip for a House)
- Second Deputy Speaker in the House of Representatives
- Member of the Speaker’s Panel in the House of Representatives
- Temporary Chair of Committees in the Senate
- Chair or Deputy Chair of a properly constituted Parliamentary Committee, including Select, Standing and Statutory Committees, and whether Joint or of a single House.