EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 228
Issued by the Authority of the Special Minister of State
Parliamentary Entitlements Act 1990
Parliamentary Entitlements Amendment Regulations 2008 (No. 2)
The Parliamentary Entitlements Act 1990 (the Act) provides Members of each House of Parliament with a range of benefits, including electorate office equipment and facilities, overseas delegation travel and personalised stationery and newsletters.
Section 12 of the Act provides, in part, that the Governor-General may make regulations for the purposes of section 9 of the Act. Subsection 9(2) provides that a benefit set out in Schedule 1 to the Act may be varied or omitted by the regulations. Subsection 4(2) of the Act provides that Parliamentary office-holders and Ministers are entitled to benefits as set out in Part 2 of Schedule 1 to the Act.
Subitem 3(1), Part 2, Schedule 1 to the Act currently entitles a Senior Officer to be accompanied by his or her spouse when travelling overseas on official business. This entitlement includes the cost of the travel overseas, and the cost of emergency medical and hospital treatment overseas (if required), by the spouse.
Although Parliamentary Secretaries fall within the definition of ‘Senior Officer’ under the Act, item [209] of Schedule 1 to the Parliamentary Entitlements Regulations 1997 currently varies subitem 3(1) to specifically exclude the spouse of a Parliamentary Secretary.
The proposed Regulations would remove item [209] following a request from the Prime Minister that spouses of Parliamentary Secretaries be accorded the same overseas travel entitlements as the spouses of Ministers.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments. The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
No consultation in relation to these Regulations was undertaken because they do not have a direct or significant indirect impact on business and do not restrict competition. Furthermore, the amendments are of a minor or machinery nature and do not substantially alter existing arrangements. The Office of Best Practice Regulation has advised that the preparation of a Regulation Impact Statement is not necessary.
Details of the Regulations
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Parliamentary Entitlements
Amendment Regulations 2008 (No. 2).
Regulation 2 – Commencement
This regulation provides for the Regulations to commence on the day after they are registered on the Federal Register of Legislative Instruments.
Regulation 3 – Amendment of the Parliamentary Entitlements Regulations 1997
This regulation provides that the Parliamentary Entitlements Regulations 1997 (the Principal Regulations) are amended as set out in Schedule 1.
Schedule 1 – Amendments
Item [1] removes the distinction between Ministers and Parliamentary Secretaries by omitting item [209] of Schedule 1 to the Principal Regulations, which currently operates to exclude Parliamentary Secretaries from the entitlement to be accompanied by their spouse on official overseas travel. The entitlement includes the cost of travel overseas by spouses and the cost of emergency medical and hospital treatment overseas (if required), when accompanying a Senior Officer travelling on official business.
Overview
The Parliamentary Entitlements Amendment Regulations 2008 (No. 2) were issued under the authority of the Special Minister of State to amend the Parliamentary Entitlements Regulations 1997. These regulations address a specific gap in the entitlements of spouses accompanying Parliamentary Secretaries on official overseas travel. The Parliamentary Entitlements Act 1990, which governs the benefits provided to members of Parliament, allows for variations and omissions of certain benefits through regulation. The problem identified was that while spouses of Senior Officers, including Ministers, were entitled to accompany them on official overseas travel at no cost, this entitlement was not extended to spouses of Parliamentary Secretaries. Following a request from the Prime Minister, these regulations were enacted to ensure consistency in entitlements, granting spouses of Parliamentary Secretaries the same overseas travel benefits as those of Ministers. The regulations were deemed not to require consultation or a Regulation Impact Statement, as they were considered minor and did not significantly impact business or competition.
Scope and Application
The Parliamentary Entitlements Amendment Regulations 2008 (No. 2) primarily apply to the benefits and entitlements provided under the Parliamentary Entitlements Act 1990, specifically targeting the entitlements of Senior Officers, including Ministers and Parliamentary Secretaries, as outlined in Schedule 1 of the Act. These Regulations are instrumental in amending the Parliamentary Entitlements Regulations 1997 to ensure that the spouses of Parliamentary Secretaries are granted the same overseas travel entitlements as those of Ministers, thus removing a previous exclusion that restricted this benefit specifically to the spouses of Ministers. The Regulations have a Commonwealth jurisdictional reach, applying across Australia as they are subordinate instruments under the legislative authority granted by the Parliamentary Entitlements Act 1990. There are no stated exclusions or thresholds within these Regulations, though their application is limited to the specific amendment of entitlement provisions outlined in Schedule 1 to the Principal Regulations. The Regulations came into effect on the day following their registration on the Federal Register of Legislative Instruments.
Key Provisions
The Parliamentary Entitlements Amendment Regulations 2008 (No. 2) bring significant changes to the Parliamentary Entitlements Regulations 1997, primarily by removing a distinction between Ministers and Parliamentary Secretaries in terms of overseas travel entitlements for their spouses. Under Regulation 3, and as detailed in Schedule 1, Item [1] of the Regulations removes item [209] of Schedule 1 to the Parliamentary Entitlements Regulations 1997. This amendment ensures that spouses of Parliamentary Secretaries are now entitled to accompany their partners on official overseas travel under the same conditions as the spouses of Ministers. Specifically, this entitlement includes covering the cost of travel and emergency medical and hospital treatment when accompanying a Senior Officer on official business, as outlined in subitem 3(1) of Part 2 of Schedule 1 to the Parliamentary Entitlements Act 1990.
The Regulations impose specific obligations on the parties they govern. According to Regulation 3, the Parliamentary Entitlements Regulations 1997 are amended to remove the exclusion of Parliamentary Secretaries from the entitlement to be accompanied by their spouses on official overseas travel. This change ensures that all Senior Officers, including Ministers and Parliamentary Secretaries, have equal entitlements for their spouses to accompany them on official overseas travel, subject to the terms and conditions stipulated in the Act. Additionally, these Regulations mandate that the benefits provided to Parliamentary office-holders and Ministers, as outlined in Part 2 of Schedule 1 to the Act, remain consistent with the statutory provisions, with the exception of the amendment regarding spouses' travel entitlements.
Failure to comply with the provisions of these Regulations may lead to legal consequences. While the Explanatory Statement does not specify particular offences, penalties, or civil/criminal consequences for non-compliance, breaches of regulations concerning parliamentary entitlements could potentially lead to legal challenges or administrative actions. The severity of penalties would depend on the specific nature of the breach and could include fines, repayment of improperly claimed entitlements, or other appropriate sanctions. The precise penalties would be determined by the relevant authorities based on the nature and extent of the breach.