Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2022

Overview

The Parliamentary Business Resources Act 2017 was enacted to establish a comprehensive framework for providing resources to parliamentarians and former Prime Ministers in respect of their parliamentary business, replacing the previous system under the Parliamentary Entitlements Act 1990. The Act aims to streamline the provision of goods, services, premises, equipment, and other facilities to ensure efficient and consistent support for the parliamentary function. The authority to determine the specific resources to be provided to former Prime Ministers lies with the current Prime Minister, who may impose any necessary limits or conditions. The Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2022 further specifies the resources to be provided to the former Prime Minister, the Hon Scott Morrison, supplementing the existing entitlements under other enactments. This amendment is a legislative instrument under the Legislation Act 2003 and is not subject to disallowance. It ensures the former Prime Minister receives appropriate resources to fulfil his post-office role.

Scope and Application

The Parliamentary Business Resources Act 2017, along with the accompanying regulations, sets up a framework to provide resources to parliamentarians related to their parliamentary duties, replacing the prior system established under the Parliamentary Entitlements Act 1990. This Act applies to the provision of resources to current and former Prime Ministers, with specific provisions allowing the current Prime Minister to determine what resources, such as goods, services, premises, equipment, or other facilities, can be provided to former Prime Ministers, subject to any limits or conditions they may impose. This applies on a case-by-case basis for individual former Prime Ministers or more generally to a class of former Prime Ministers. The resources provided under this Act are in addition to any entitlements or resources a former Prime Minister might receive under other enactments. The Act does not specify any conditions that need to be satisfied before the Prime Minister can exercise their power to determine resources for former Prime Ministers; this provision is entirely at their discretion. The Act's application extends across the Commonwealth of Australia and its territories, ensuring a uniform approach to the provision of parliamentary business resources. Notably, any determinations made under the Act, including those related to former Prime Ministers, are not subject to disallowance, thereby solidifying their legal standing.

Key Provisions

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 for their parliamentary business. The Act and the Regulations replace the previous framework under the Parliamentary Entitlements Act 1990 and related instruments. Section 16 of the Act (1) allows the current Prime Minister to determine, in writing, the provision of goods, services, premises, equipment, or any other facility to former Prime Ministers. This determination can include limits or conditions on the resources provided to a specific former Prime Minister, a class of former Prime Ministers, or former Prime Ministers in general. The Parliamentary Business Resources (Former Prime Ministers) Determination 2017 (the Determination) is amended by the Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2022 to include a Schedule for providing resources to the former Prime Minister, the Hon Scott Morrison. The resources specified in the Schedule are in addition to those provided under other enactments such as the Parliamentary Contributory Superannuation Act 1948 or the Parliamentary Superannuation Act 2004. The amendment to the Determination is a legislative instrument under the Legislation Act 2003 (the Legislation Act) (2), but it is not subject to disallowance under section 42 of the Legislation Act (3). The amendment determination commences the day after it is registered (4). The Amendment Determination imposes no specific obligations or requirements on any party or entity other than what is outlined in the Determination and the Schedule. The primary obligation lies with the current Prime Minister, who has the discretion to determine what resources are provided to former Prime Ministers. The Amendment Determination merely specifies the particular resources to be provided to the Hon Scott Morrison and does not alter the broader discretion held by the Prime Minister under section 16 of the Act. There are no offences, penalties, or consequences specified in the Amendment Determination for breach. The Determination and the Regulations do not outline specific civil or criminal penalties for non-compliance with the provisions. However, any misuse or improper allocation of resources could potentially lead to scrutiny or review by parliamentary committees or other oversight bodies, though this is not explicitly stated in the legislation. The focus of the Determination is on clarifying the resources to be provided to the former Prime Minister, rather than on punitive measures for non-compliance.