Parliamentary Business Resources (Commonwealth Parliament Offices) Amending Determination 2024

Overview

The Parliamentary Business Resources (Commonwealth Parliament Offices) Amending Determination 2024 was made by Don Farrell, the Special Minister of State, under subsection 33(1) of the Parliamentary Business Resources Act 2017. This determination was introduced to address the need for updating the definition of Commonwealth Parliament Office and the provision of common facilities such as Cabinet meeting rooms in certain leased office spaces across Australia. The objective of the amendment is to streamline the definition of Commonwealth Parliament Office to include specific locations and to adjust the requirements for providing Cabinet meeting rooms in designated cities. This determination aims to ensure the efficient administration and use of parliamentary resources by the Commonwealth. The determination specifies two commencement dates, contingent on the end of the Commonwealth's leases at 100 King William Street, Adelaide, and Exchange Tower, 2 The Esplanade, Perth, or a date determined by the Minister. Notably, any determination made under paragraph (b) is considered a notifiable instrument as per section 11(2)(a) of the Legislation Act 2003. The amendments outlined in the schedule redefine the Commonwealth Parliament Office to include additional locations and alter the requirements for providing Cabinet meeting rooms in Sydney, Melbourne, Brisbane, and Perth.

Scope and Application

The Parliamentary Business Resources (Commonwealth Parliament Offices) Amending Determination 2024 applies to the amendments of the Parliamentary Business Resources (Commonwealth Parliament Offices) Determination (No. 1) 2019, which governs the office spaces leased by the Commonwealth for the purpose of providing office accommodation to members. This amendment applies to all Commonwealth Parliament Offices located in Sydney, Melbourne, Brisbane, Perth, Adelaide, Darwin, Hobart, and Elizabeth Quay. The amendments include the definition of Commonwealth Parliament Office, now encompassing specific office spaces in these locations and any spaces used by the Commonwealth in the administration of public resources. The amendments also stipulate the provision of Cabinet meeting rooms as common facilities in certain offices, depending on the location. The determination is made under subsection 33(1) of the Parliamentary Business Resources Act 2017 and is subject to the notification requirements outlined in the Legislation Act 2003.

Key Provisions

The Parliamentary Business Resources (Commonwealth Parliament Offices) Amending Determination 2024I (the Determination) amends the Parliamentary Business Resources (Commonwealth Parliament Offices) Determination (No. 1) 2019 (the Determination 2019). Specifically, it modifies the definition of Commonwealth Parliament Office (CPO) and revises the requirements for providing Cabinet meeting rooms in CPOs. Section 4 of the Determination 2019 is repealed and substituted to redefine CPOs, encompassing specific office spaces in various cities, including Bligh Street, Sydney; NT House, Darwin; Waterfront Place, Brisbane; 1 Festival Tower, Adelaide; 188 Collins Street, Hobart; 4 Treasury Place, Melbourne; and 1 The Esplanade, Elizabeth Quay, Perth, along with any other spaces used by the Commonwealth in administering public resources under the relevant lease. The Determination also alters the geographical scope of the obligation to provide Cabinet meeting rooms for Ministers in CPOs. Under the Determination 2019, such rooms were required in CPOs located in Sydney, Melbourne, Brisbane, Perth, or Adelaide; the Determination now specifies that these rooms must be provided only in CPOs in Sydney, Melbourne, Brisbane, or Perth. The Determination imposes specific obligations on the Commonwealth, as represented by Ministerial and Parliamentary Services, regarding the provision of CPOs and the facilities within them. Primarily, it mandates that the Commonwealth provide a Cabinet meeting room as a common facility in specified CPOs for Ministers who occupy offices prescribed under subsection 73(1) of the Regulations. This obligation extends to CPOs in Sydney, Melbourne, Brisbane, and Perth, as amended by the Determination. Additionally, the redefinition of CPOs under Section 4 broadens the scope of office spaces that must be managed under this legislative framework, ensuring that any leased space used by the Commonwealth for public resource administration is included within the CPO definition. The Determination itself does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance with its provisions. However, the overarching legislation, the Parliamentary Business Resources Act 2017, and the Regulations would typically provide for enforcement mechanisms. Non-compliance with the Act or Regulations might result in administrative actions, such as fines or other penalties, as stipulated within those respective legal frameworks. The specific penalties for breaches of the Act or Regulations would be determined by the relevant authorities, in accordance with the statutory provisions and any applicable case law. The commencement of the Determination is contingent upon two conditions. Firstly, it will take effect at the end of the last day on which the Commonwealth holds a lease at 100 King William Street, Adelaide, South Australia, or Exchange Tower, 2 The Esplanade, Perth, Western Australia. Secondly, it may also commence on a date determined by the Minister, providing flexibility in its application. Notably, any determination made under the second condition is classified as a notifiable instrument, as per section 11(2)(a) of the Legislation Act 2003, which requires notification to relevant parliamentary committees.