EXPLANATORY STATEMENT
Issued by the authority of the Prime Minister
Parliamentary Business Resources Act 2017
Parliamentary Business Resources (Former Prime Ministers)
Amendment Determination 2018 (No. 3)
The Parliamentary Business Resources Act 2017 (the Act) and the Parliamentary Business Resources Regulations 2017 (the Regulations) establish a framework for providing resources to parliamentarians in respect of their parliamentary business. Certain provisions of the Act and Regulations apply to the provision of resources to former Prime Ministers.
The Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018 (No. 3) (amendment determination) is made under section 16 of the Act. Section 16 of the Act enables the current Prime Minister to determine, in writing, that former Prime Ministers are to be provided with any goods, services, premises, equipment or any other facility from time to time. The Prime Minister may impose one or more limits or other conditions on the resources provided to a particular former Prime Minister, a class or former Prime Ministers generally.
The amendment determination amends the Parliamentary Business Resources (Former Prime Ministers) Determination 2017 to increase the classification level of the ongoing staff position available to the former Prime Minister, the Hon Anthony (Tony) John Abbott MP, to not above Senior Adviser 1 level for the remainder of the 45th Parliament and all of the 46th Parliament if and while he remains in Parliament. The amendment Determination also clarifies that a Senior Adviser is entitled to be provided the salary and either a private-plated vehicle or allowance in accordance with the Enterprise Agreement applicable for staff employed under the Members of Parliament (Staff) Act 1984.
Details of the amendment determination are set out in Attachment A.
The Act specifies no conditions that need to be satisfied before the power to make the amendment determination may be exercised. This amendment determination results from consultations between the Prime Minister and Mr Abbott. Resources provided to former Prime Ministers are entirely at the discretion of the Prime Minister.
The amendment determination is a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act). However, subsection 16(3) of the Act provides that the determination is not subject to disallowance under section 42 of the Legislation Act.
The amendment determination commences the day after they are registered.
Attachment A
Details of the Parliamentary Business Resources (Former Prime Minister) Amendment Determination 2018 (No. 3)
Section 1 – Name
This section provides that the name of the instrument is the Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018 (No. 3).
Section 2 – Commencement
This section provides that the instrument commences on the day after registration.
Section 3 – Authority
This section provides that the making of the instrument is authorised by section 16 of the Parliamentary Business Resources Act 2017.
Section 4 – Schedule
Section 4 provides that the instrument set out in the Schedule is amended in accordance with the Schedule.
Schedule 1—Amendments
Schedule 1 provides that the Parliamentary Business Resources (Former Prime Ministers) Determination 2017 (primary determination) be amended.
Item 1 – Schedule—The Hon Anthony (Tony) John Abbott MP (cell at table item 2, column 2)
This item repeals the cell at table item 2 of column 2 to the Schedule—The Hon Anthony (Tony) John Abbott MP in the primary determination to increase the classification level of the ongoing staffing position available to Mr Abbott from Assistant Adviser to not above the Senior Adviser 1 level for the remainder of the 45th Parliament and all of the 46th Parliament if and while Mr Abbott remains in Parliament.
The new cell at table item 2 of column 2 also provides that the ongoing position available to Mr Abbott reverts to one ongoing position not above the level of Assistant Adviser after this time.
Item 2 – Schedule—The Hon Anthony (Tony) John Abbott MP (table items 1 to 3, column 3, paragraph a))
Item 2 inserts within paragraph a) of Column 3 to table items 1 to 3 of the Schedule reference to the private-plated vehicle or allowance provided to Senior staff, as well as the relevant salaries, under the Enterprise Agreement applicable for staff employed under the Members of Parliament (Staff) Act 1984. The position of Senior Adviser 1 level falls within the Senior staff classifications that are provided with this entitlement under the current Commonwealth Members of Parliament Staff Enterprise Agreement 2016-2019.
Overview
The Parliamentary Business Resources Act 2017 establishes a framework for providing resources to parliamentarians, including former Prime Ministers, for their parliamentary business. This Act was enacted to ensure that former Prime Ministers have the necessary resources to fulfil their parliamentary duties. The Act is administered by the Prime Minister, who has the authority to determine what resources former Prime Ministers receive, as well as any conditions or limits on these resources. The Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018 (No. 3) amends the 2017 determination to adjust the classification level of the ongoing staff position for the former Prime Minister, the Hon Anthony (Tony) John Abbott MP, increasing it to Senior Adviser 1 level for the remainder of the 45th Parliament and the entirety of the 46th Parliament if he remains in Parliament. This amendment also clarifies that Senior Advisers are entitled to the salary and either a private-plated vehicle or allowance in line with the Enterprise Agreement applicable to staff under the Members of Parliament (Staff) Act 1984. The amendment is a result of consultations between the Prime Minister and Mr Abbott, and it ensures resources provided to former Prime Ministers remain at the Prime Minister’s discretion. This legislative instrument is not subject to disallowance.
Scope and Application
The Parliamentary Business Resources Act 2017, as amended by the Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018 (No. 3), outlines the provisions for providing resources to former Prime Ministers in respect of their parliamentary business. Specifically, the Act establishes a framework for the provision of goods, services, premises, equipment, or other facilities to former Prime Ministers, with the authority to determine these resources resting solely with the current Prime Minister. The Act allows the Prime Minister to impose conditions or limits on the resources provided to a particular former Prime Minister, a class of former Prime Ministers, or generally to all former Prime Ministers. This amendment determination pertains to the former Prime Minister, the Hon Anthony (Tony) John Abbott MP, by increasing the classification level of the ongoing staff position available to him to not above Senior Adviser 1 level for the remainder of the 45th Parliament and all of the 46th Parliament if and while he remains in Parliament. It also clarifies that a Senior Adviser is entitled to the salary and either a private-plated vehicle or allowance as per the Enterprise Agreement applicable to staff employed under the Members of Parliament (Staff) Act 1984. The amendment determination is made under section 16 of the Act and does not require any specific conditions to be met before it can be exercised, reflecting the Prime Minister's discretion in providing these resources. This legislative instrument is not subject to disallowance under the Legislation Act 2003.
Key Provisions
The Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018 (No. 3) modifies the resources available to former Prime Ministers under the Parliamentary Business Resources Act 2017. Specifically, it addresses the resources allocated to the Hon Anthony (Tony) John Abbott MP, increasing the classification level of the ongoing staff position available to him from Assistant Adviser to Senior Adviser 1 level for the remainder of the 45th Parliament and all of the 46th Parliament, provided he remains in Parliament (Schedule 1, Item 1). Additionally, the amendment clarifies that Senior Advisers are entitled to a private-plated vehicle or allowance, as well as salaries, in line with the Enterprise Agreement applicable for staff under the Members of Parliament (Staff) Act 1984 (Schedule 1, Item 2).
The obligations under this Act primarily rest on the Prime Minister, who has the authority to determine the resources provided to former Prime Ministers, including any limits or conditions on these resources (section 16). The amendment determination specifies that the Hon Anthony (Tony) John Abbott MP is to be provided with an ongoing staff position not above Senior Adviser 1 level for the duration outlined. It also mandates that this position and any associated entitlements comply with the terms of the relevant Enterprise Agreement.
There are no explicit offences or penalties outlined in the amendment determination for breaches of the Act or the determination. However, any misuse of resources or failure to comply with the terms of the Enterprise Agreement could potentially lead to other legal consequences under different legislative frameworks, such as employment law or public service regulations. The amendment determination itself is not subject to disallowance under section 42 of the Legislation Act, and it comes into effect the day after registration (section 2).