Members of Parliament (Staff) (Employee Direction) Determination 2025
I, Don Farrell, Special Minister of State, make the following determination.
Dated 12 February 2025
Don Farrell
Special Minister of State
Contents
Part 1—Preliminary 1
1 Name...................................................1
2 Commencement............................................1
3 Authority................................................1
4 Definitions...............................................1
Part 2—Directing electorate and personal employees 2
5 Responsibilities of parliamentarians and office-holders.....................2
Part 1—Preliminary
1 Name
This instrument is the Members of Parliament (Staff) (Employee Direction) Determination 2025.
2 Commencement
This instrument commences on the day after this instrument is registered.
3 Authority
This determination is made under section 13(2) of the Members of Parliament (Staff) Act 1984.
4 Definitions
Note: A number of expressions used in this instrument are defined in the definitions section of the MOP(S) Act, including the following:
(a) office-holder;
(b) parliamentarian.
In this instrument:
MOP(S) Act means the Members of Parliament (Staff) Act 1984.
MOP(S) Act employee means, for the purposes of this determination, an electorate employee and a personal employee and does not include an official establishment employee.
Official establishment employee means a person employed under subsection 11(2) of the MOP(S) Act who is:
(a) employed to work in the Prime Minister’s official establishments (including Kirribilli House, The Lodge, and the Prime Minister’s Suite in the Australian Parliament House and in the Commonwealth Parliament Office in Sydney); and
(b) covered by the Prime Minister’s Official Establishments Enterprise Agreement 2024-26 and any enterprise agreement replacing it.
Part 2—Directing electorate and personal employees
5 Responsibilities of parliamentarians and office-holders
(1) Parliamentarians and office-holders:
(a) employ MOP(S) Act employees to assist them to carry out the duties of the employing parliamentarian or office-holder; and
(b) 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.
Note: Section 7 of the MOP(S) Act provides that parliamentarians and office‑holders have powers to employ people on behalf of the Commonwealth to assist them in carrying out duties (see section 11). Those duties include but are not limited to the conduct of parliamentary business.
Note: The meaning of parliamentary business is determined in accordance with section 6 of the Parliamentary Business Resources Act 2017.
(2) A parliamentarian or office-holder must not direct MOP(S) Act employees to undertake:
(a) activities that do not comply with all relevant laws; and
(b) activities that do not support, assist or facilitate the conduct of the employing parliamentarian or office-holder’s parliamentary business or other duties.
Note: Relevant laws include, but are not limited to, the Commonwealth Electoral Act 1918, state, territory and local government election laws, Referendum (Machinery Provisions) Act 1984 and the Parliamentary Business Resources Act 2017.
Note: Section 7 of the MOPS Act provides that parliamentarians and office holders have powers to employ people on behalf of the Commonwealth to assist them in carrying out duties. Parliamentarians and office‑holders are ultimately responsible for the day‑to‑day management of MOP(S) Act employees, including if direction of management is conducted through other authorised MOP(S) Act employees.
Overview
The Members of Parliament (Staff) (Employee Direction) Determination 2025, made by Don Farrell, the Special Minister of State, was introduced to address the need for clear guidelines on how Members of Parliament (MPs) and office-holders may direct their staff to ensure compliance with relevant laws and to support the efficient conduct of parliamentary business. This determination was enacted under section 13(2) of the Members of Parliament (Staff) Act 1984 and aims to delineate the responsibilities and permissible activities of staff employed by MPs and office-holders. This legislative instrument ensures that the direction of staff activities aligns with both legal standards and the functional requirements of parliamentary duties, thereby maintaining the integrity and effectiveness of parliamentary operations.
Scope and Application
The Members of Parliament (Staff) (Employee Direction) Determination 2025 applies to parliamentarians and office-holders within the Commonwealth of Australia who employ staff under the Members of Parliament (Staff) Act 1984. This includes both electorate employees and personal employees, excluding those employed in the Prime Minister's official establishments and covered by the Prime Minister's Official Establishments Enterprise Agreement 2024-26. Parliamentarians and office-holders are empowered to direct these employees in activities that support their duties, including parliamentary business, but must ensure these activities comply with relevant laws and support their official duties. The Determination does not extend to employees of the Prime Minister's official establishments. This instrument, made under section 13(2) of the Members of Parliament (Staff) Act 1984, commences on the day after it is registered and outlines the responsibilities and limitations of employing and directing staff, reinforcing the legal framework governing the employment of staff by parliamentarians and office-holders.
Key Provisions
The Members of Parliament (Staff) (Employee Direction) Determination 2025, made under section 13(2) of the Members of Parliament (Staff) Act 1984, specifies the roles and responsibilities of parliamentarians and office-holders regarding the employment and direction of staff. According to section 5(1), parliamentarians and office-holders are permitted to employ staff to assist in their duties and may direct these employees to undertake activities that support or facilitate their parliamentary business or other duties. Importantly, section 5(2) mandates that such direction must not involve activities that are unlawful or do not support the parliamentarian's or office-holder's duties.
This determination imposes several obligations on parliamentarians and office-holders. Firstly, they are responsible for employing staff under the provisions of the MOP(S) Act to assist them in their duties. They must ensure that these employees are used to support activities that align with the parliamentarian's or office-holder's duties. Additionally, parliamentarians and office-holders must ensure that the activities directed to their employees comply with all relevant laws and support their parliamentary business or other duties.
The determination includes provisions for penalties and consequences in the event of non-compliance. Although the specific offences, penalties, or civil/criminal consequences are not detailed within the text provided, breaches of the MOP(S) Act and this determination could potentially result in disciplinary actions, fines, or other legal repercussions. Given that the MOP(S) Act and related legislation encompass a broad range of activities, including those pertaining to election laws and parliamentary business, non-compliance could lead to significant consequences, including potential referrals to law enforcement agencies for further investigation and prosecution.