Parliamentary Business Resources (Preferred Providers) Determination 2017

Overview

The Parliamentary Business Resources (Preferred Providers) Determination 2017 was enacted to establish preferred providers for certain public resources, as mandated by the Parliamentary Business Resources Regulations 2017. This determination was introduced to streamline the provision of essential services to members of parliament, ensuring efficiency and cost-effectiveness. The determination was made under section 100 of the Parliamentary Business Resources Regulations 2017 by the relevant authority. The policy objective of this determination is to specify preferred providers for the arrangement of scheduled commercial air transport and the provision of constituent management software, thereby supporting the operational needs of parliamentary members in a structured and approved manner. This determination ensures that the Commonwealth remains liable only for services provided by the specified preferred providers, unless otherwise deemed appropriate by the Administrator.

Scope and Application

The Parliamentary Business Resources (Preferred Providers) Determination 2017 applies to the provision and arrangement of specific public resources for members of Parliament, as outlined in the Parliamentary Business Resources Regulations 2017. This determination prescribes particular service providers for the provision or arrangement of scheduled commercial air transport for members travelling on Commonwealth business and the provision of constituent management software for members of the Government or the Opposition. The determination is made under section 100 of the Parliamentary Business Resources Regulations 2017, which in turn are based on the Parliamentary Business Resources Act 2017. The geographic reach of this determination is national, applying across Australia as it pertains to the Commonwealth and its members. There are no stated exclusions or exemptions within the determination itself, but it does specify that where a member uses resources as described but does not use the prescribed provider, the Commonwealth will not be liable for the costs incurred unless the Administrator deems it appropriate. The determination can be extended or restricted through subordinate instruments under the authority provided by the underlying regulations and act. The definitions section of the determination clarifies terms such as "Administrator," "member," and "scheduled commercial transport," some of which are further defined in the Act or the Regulations. The determination lists specific service providers for two categories of public resources: arranging for the provision of air transport that is scheduled commercial transport, and the provision of constituent management software for members. This prescribed approach ensures that certain resources are accessed through designated providers, although deviations from these providers may still be considered under specific circumstances. The endnotes provide additional information on the legislation history, amendment history, and other relevant details that are crucial for understanding the full scope and application of the determination.

Key Provisions

The Parliamentary Business Resources (Preferred Providers) Determination 2017 (the Determination) establishes preferred providers for certain public resources under the Parliamentary Business Resources Regulations 2017. Section 5 specifies the preferred providers for arranging for the provision of air transport that is scheduled commercial transport, and for providing constituent management software for members of the Government or the Opposition. The service provider contracted by the Commonwealth of Australia is the preferred provider for arranging air transport, while the service provider or providers nominated by the member’s party, and approved by the Minister, are the preferred providers for constituent management software. Under the Determination, entities and individuals are obligated to use the specified preferred providers for the resources mentioned. For example, members of Parliament and their staff are required to use the service provider contracted by the Commonwealth for air transport, and the nominated service provider for constituent management software. Failure to comply with these provisions may result in the Commonwealth not being liable to pay the costs incurred by the member for those resources, unless the Administrator considers it appropriate to do so in the circumstances (subsection 100(2) of the Regulations). There are no specific offences, penalties, or consequences outlined in the Determination itself. However, non-compliance with the Regulations may result in penalties as specified in the Parliamentary Business Resources Regulations 2017, which could include fines or other civil or criminal consequences depending on the nature and severity of the breach. The exact penalties would be determined in accordance with the relevant provisions of the Regulations and any applicable legislation.