Parliamentary Business Resources (Former Prime Ministers) Determination 2017
made under section 16 of the
Parliamentary Business Resources Act 2017
Compilation No. 5
Compilation date: 4 August 2022
Includes amendments up to: F2022L01039
Registered: 22 August 2022
About this compilation
This compilation
This is a compilation of the Parliamentary Business Resources (Former Prime Ministers) Determination 2017 that shows the text of the law as amended and in force on 4 August 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
3 Authority
4 Definitions
5 Resources for former Prime Ministers
6 Meaning of official business
7 Miscellaneous
Schedule—The Hon Robert (Bob) J L Hawke AC
Schedule—The Hon Paul John Keating
Schedule—The Hon John Winston Howard OM AC
Schedule—The Hon Kevin Michael Rudd
Schedule—The Hon Julia Eileen Gillard AC
Schedule—The Hon Anthony (Tony) John Abbott
Schedule—The Hon Malcolm Bligh Turnbull
Schedule—The Hon Scott John Morrison
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
1 Name
This instrument is the Parliamentary Business Resources (former Prime Ministers) Determination 2017.
3 Authority
This instrument is made under section 16 of the Parliamentary Business Resources Act 2017.
4 Definitions
(1) In this instrument:
Act means the Parliamentary Business Resources Act 2017.
Note: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:
(a) commercial purpose;
(b) member;
(c) office holder;
(d) resources provider;
(e) spouse;
(f) travel expenses.
in Parliament, in relation to a former Prime Minister, means a member as defined in section 5 of the Act.
international travel expenses has the same meaning as in section 35 of the Regulations as if it applied to former Prime Ministers.
MOP(S) Act means the Members of Parliament (Staff) Act 1984.
official business has the meaning given by section 6.
Parliamentary Retirement Travel Entitlement Holder means the travel entitlements provided to a former Prime Minister under the Parliamentary Retirement Travel Act 2002.
Regulations means the Parliamentary Business Resources Regulations 2017.
5 Resources for former Prime Ministers
(1) For the purposes of section 16 of the Act, a former Prime Minister is provided the resources, subject to any condition, as specified in the relevant Schedule for the former Prime Minister, as follows:
(a) The Hon Robert (Bob) J L Hawke AC is to be provided with the resources specified in Schedule—The Hon Robert (Bob) J L Hawke AC;
(b) The Hon Paul John Keating is to be provided with the resources specified in Schedule—The Hon Paul John Keating;
(c) The Hon John Winston Howard OM AC is to be provided with the resources as specified in Schedule—The Hon John Winston Howard OM AC;
(d) The Hon Kevin Michael Rudd is to be provided with the resources specified in Schedule—The Hon Kevin Michael Rudd;
(e) The Hon Julia Eileen Gillard AC is to be provided with the resources specified in Schedule—The Hon Julia Eileen Gillard AC; and
(f) The Hon Anthony (Tony) John Abbott is to be provided with the resources specified in Schedule—The Hon Anthony (Tony) John Abbott; and
(g) The Hon Malcolm Bligh Turnbull is to be provided with the resources specified in Schedule—The Hon Malcolm Bligh Turnbull.
(h) The Hon Scott John Morrison is to be provided with the resources specified in Schedule—The Hon Scott John Morrison.
(2) A former Prime Minister may decide not to be provided any or all of the resources specified in the relevant Schedule by notifying the resources provider in writing.
(3) A former Prime Minister who makes a decision under subsection (2) may reverse that decision at any time by notifying the resources provider in writing.
(4) For the avoidance of doubt, the resources provided to a former Prime Minister under the relevant Schedule are in addition to the entitlements and resources provided to the former Prime Minister under another enactment.
(5) For a former Prime Minister in Parliament, official business relates to activities where the dominant purpose is in the official capacity of a former Prime Minister and is not otherwise covered under the Act.
6 Meaning of official business
(1) For the purposes of section 16(2)(a) of the Act, official business means business undertaken in the capacity of former Prime Minister and may include, but is not limited to,:
(a) preparing for, participating in, or attending to matters arising from an official government, parliamentary or vice‑regal meeting, event or function to which the former Prime Minister has been invited in their official capacity;
(b) preparing for, participating in, or attending to matters arising from a meeting, event or function to which the former Prime Minister has been invited in their official capacity;
(c) representing the Government or Australia, with the approval of the Prime Minister;
(d) undertaking research, communication or administration connected with their role as former Prime Minister;
(e) correspondence or other communications to, with and on behalf of members of the Australian public;
(f) other activities directly related to, and engaged in for the purposes of, performing the role of former Prime Minister.
(2) Official business does not include activities related to:
(a) a commercial purpose; or
(b) a private purpose, such as for personal benefit for the former Prime Minister or personal benefit of another person.
7 Miscellaneous
(1) Where a former Prime Minister is entitled to claim a resource under this determination and claim the equivalent resource under another enactment for the same activity, the former Prime Minister should only claim the resource once for the same activity.
(2) Whenever possible, the former Prime Minister should seek to comply with the requirement for value for money as defined in section 5 of the Act when accessing the resources provided under this determination.
Schedule—The Hon Robert (Bob) J L Hawke AC
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One non‑ongoing employee no higher than top of the Public Service SES Band 1 range | For a period of 12 months commencing from 10 January 1992 |
2 | One non‑ongoing employee at a Secretary position | For a period of 12 months commencing from 10 January 1992 |
3 | One position not above Private Secretary Grade 3 level (now “Senior Adviser”) | These positions do not carry an entitlement to Ministerial Staff Allowance (now “Parliamentary Staff Allowance”) or overtime. |
4 | One position not above Private Secretary Grade 1 level (now “Assistant Adviser”) |
5 | Parliamentary Retirement Travel Entitlement holder | |
6 | In capital city of home State, choice between: a) an allocated car and driver for former Prime Minister and accompanying spouse; and b) a private‑plated vehicle for travel other than to and from airports | |
7 | Elsewhere in Australia, access to pool transport for former Prime Minister and accompanying spouse | |
8 | For former Prime Minister and accompanying spouse, access to cars at overseas posts which maintain a car fleet, but for specific journeys only | This entitlement does not extend to the use of commercial hire car vehicles |
9 | An office (furnished, equipped and with unlimited postage) to accommodate the former Prime Minister and his staff, in the city in which he has his residence | |
10 | A fully official telephone at each residence, a cellular mobile telephone, and one Telecom Telecard for calls at official expense within Australia | |
11 | Staff travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to an annual value of $15,000. | The amount to be reviewed annually |
12 | Temporary storage of personal belongings while arranging residential accommodation at Commonwealth expense | From 10 January 1992 |
Schedule—The Hon Paul John Keating
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One non‑ongoing employee no higher than top of the Public Service SES Band 1 range | For a period of 12 months commencing from 8 March 1996 |
2 | One non‑ongoing employee at a Secretary position | For a period of 12 months commencing from 8 March 1996 |
3 | One position not above Private Secretary Grade 3 level (now “Senior Adviser”) | These positions do not carry an entitlement to Ministerial Staff Allowance (now “Parliamentary Staff Allowance”) or overtime. |
4 | One position not above Private Secretary Grade 1 level (now “Assistant Adviser”) |
5 | Option of either: a) appointing the COMCAR driver to their staff, where they retain use of a chauffeur driven COMCAR; or b) employing a driver on their personal staff where they elect to have a private‑plated vehicle | |
6 | Parliamentary Retirement Travel Entitlement holder | |
7 | In capital city of home State, choice between: a) an allocated car and driver (with the additional option of appointing the driver to their personal staff), for former Prime Minister and accompanying spouse; elsewhere in Australia, access to pool transport, for former Prime Minister and accompanying spouse; or b) private‑plated vehicle (with the option of engaging a driver on their personal staff), plus access to pool transport, for former Prime Minister and accompanying spouse | |
8 | Access to car transport so that your children may be driven without being accompanied by the former Prime Minister or Mrs Keating when they are travelling for purposes related to school activities | |
9 | For former Prime Minister and accompanying spouse, access to cars at overseas posts which maintain a car fleet, but for specific journeys only | This entitlement does not extend to the use of commercial hire car vehicles |
10 | An office (furnished, equipped and with unlimited postage for official purposes) to accommodate the former Prime Minister and staff, within the city in which he has his residence | |
11 | A fully official telephone at each residence, a cellular mobile telephone, and one Telecom Telecard for calls at official expenses within Australia | |
12 | Staff travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to an annual value of $15,000. | The amount to be reviewed annually |
13 | Assistance with storage of effects for six months | From 8 March 1996 |
14 | Close protection by the Australian Federal Police and guarding of your residence for a period of six months, with a review of these arrangements at the end of the period | From 8 March 1996 |
15 | A security assessment of the former Prime Minister’s principal residence and the office accommodation provided at Commonwealth expense and provision of security enhancements | |
16 | A former Prime Minister and an accompanying spouse or de facto partner has access to international travel expenses necessary for the travel when undertaking international travel approved by the Prime Minister. If the Prime Minister approves international travel for the former Prime Minister, the Prime Minister is taken to have approved travel by one staff member accompanying the former Prime Minister. | a) As approved by the Prime Minister in writing from time to time b) A spouse or de facto partner must have the express approval of the Prime Minister to accompany the former Prime Minister |
Schedule—The Hon John Winston Howard OM AC
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One non‑ongoing employee at the Assistant Adviser level | For a period of up to 12 months commencing from 4 December 2007 |
2 | One position not above Adviser Level 2 | These positions do not carry an entitlement to Parliamentary Staff Allowance or overtime. |
3 | One position not above Assistant Adviser level |
4 | If applicable, one position not above Executive Assistant Level 2 (Driver) |
5 | Parliamentary Retirement Travel Entitlement holder | |
6 | A choice between: a) an allocated car and driver in capital city of home State (with the additional option of appointing the driver to their personal staff), for former Prime Minister and accompanying spouse; elsewhere in Australia, access to pool transport, for former Prime Minister and accompanying spouse; or b) private‑plated vehicle (with the option of engaging a driver on their personal staff), plus access to pool transport, elsewhere in Australia | |
7 | For former Prime Minister and accompanying spouse, access to cars at overseas posts which maintain a car fleet, but for specific journeys only | This entitlement does not extend to the use of commercial hire car vehicles |
8 | An office (furnished, equipped and with unlimited postage for official purposes) to accommodate the former Prime Minister and his staff, within the city in which he has his residence | |
9 | A fully official telephone and facsimile at each residence and a mobile telephone for calls at official expense within Australia | |
10 | A mobile phone or a smartphone or a Subscriber Identity Module (SIM) card for use in a personally‑owned device | |
11 | Staff travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to an annual value of $15,000. | The amount to be reviewed annually |
12 | Appropriate security arrangements for principal residence and/or office | |
13 | A former Prime Minister and an accompanying spouse or de facto partner has access to international travel expenses necessary for the travel when undertaking international travel approved by the Prime Minister. If the Prime Minister approves international travel for the former Prime Minister, the Prime Minister is taken to have approved travel by one staff member accompanying the former Prime Minister. | a) As approved by the Prime Minister in writing from time to time b) A spouse or de facto partner must have the express approval of the Prime Minister to accompany the former Prime Minister |
Schedule—The Hon Kevin Michael Rudd
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One position not above the level of Adviser/Media Adviser | a) Entitlement to these positions commence from 29 November 2013. b) These positions do not carry an entitlement to Parliamentary Staff Allowance. c) All staff should be based in the home city of the nominated office only—non‑standard work base for staff is not approved d) Salaries are as set out for a ‘non‑Government personal employee’ in the Enterprise Agreement applicable for staff employed under the Members of Parliament (Staff) Act 1984 e) Persons employed in these positions are permitted to hold outside employment provided they have written agreement of the former Prime Minister to do so. Reasonable steps should be taken to disclose and avoid any real or apparent conflict of interests. |
2 | One position not above the level of Assistant Adviser |
3 | If the former Prime Minister engages a driver on his personal staff, an extra position not above the level of Executive Assistant |
4 | One non‑ongoing employee at the Senior Adviser 1 (Cabinet) level, for a period of 12 months from 29 November 2013 |
5 | When an employee is absent on approved leave for 12 weeks or more, a person may be temporarily employed under the MOP(S) Act to fill the vacancy. |
6 | As former Prime Ministers are not provided with an entitlement to a relief staff budget, they will need to ensure that arrangements are in place within the workplace to cover periods of employee absence of less than 12 weeks. |
7 | Parliamentary Retirement Travel Entitlement holder | |
8 | Office accommodation for official business as a former Prime Minister, together with: a) equipment (other than office information and communications technology equipment); b) facilities; c) office requisites; and d) stationery necessary; to operate the office to accommodate the former Prime Minister and his personal employees, within the city in which the former Prime Minister has his principal residence | As approved by the Minister |
9 | Office information and communications technology equipment necessary to operate the office. This includes items such as: a) computers; b) software; c) printers; d) multi‑function devices; e) mobile telephones; and f) smartphones. It does not include office telephone landlines and associated equipment—office telephone equipment is approved by the Minister. | As approved by the Presiding Officers |
10 | Unlimited postage for official business as a former Prime Minister | |
11 | Access to Commonwealth Parliament Offices for use consistent with the standing arrangements for visiting access by former Prime Ministers for official business as a former Prime Minister | |
12 | A mobile phone or a smartphone or a Subscriber Identity Module (SIM) card for use in a personally‑owned device, for communication related to a former Prime Minister’s official business | The mobile phone or smartphone is to be a type approved by the Presiding Officers |
13 | The cost of purchasing publications (including electronic publications) for purposes relating to official business as a former Prime Minister, but not commercial business, up to the amount provided for a member of the House of Representatives representing an electorate with a demographic rating of inner metropolitan | |
14 | A telephone line, including rental, transfer and call costs in each of the former Prime Minister’s private residence(s) for official business as a former Prime Minister | |
15 | The former Prime Minister is entitled to an Australian made, private‑plated standard vehicle, including all running and maintenance costs, as advised by the Minister for office holders, consistent with the guidelines that may apply at the time to the provision of private‑plated vehicles to members under the Act. The former Prime Minister has the option of engaging a driver on his personal staff (at a level not above the Executive Assistant level). | The Minister may approve a non‑Australian or non‑standard private‑plated vehicle in special circumstances. |
16 | A former Prime Minister has access to car‑with‑driver transport within Australia, excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling on official business as a former Prime Minister, other than in the town or city in which the private‑plated vehicle is based or the capital city in which the former Prime Minister has an allocated car and driver. | |
17 | A former Prime Minister has access to car‑with‑driver transport within the town or city in which the private‑plated vehicle is based for direct travel on official business as a former Prime Minister between his home base or his Commonwealth provided office and the nearest airport or railway station, or when travelling to attend either a Vice Regal function or an official function for purposes related to his role as a former Prime Minister. | |
18 | A former Prime Minister has access to car transport for specific journeys only when travelling overseas on official business as a former Prime Minister in locations where an overseas post maintains a vehicle fleet. | |
19 | For the spouse or de facto partner of a former Prime Minister, car‑with‑driver transport within Australia excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling to accompany or join a former Prime Minister who is travelling on official business as a former Prime Minister | |
20 | Employee travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to $15,000 per financial year. All costs of travel including fares, travelling allowance and car transport payments will be deducted from the employee travel budget. The incumbent Prime Minister may consider a request from a former Prime Minister where special circumstances require an increase to the employee travel budget. | Other than provided in this Schedule, the usual terms and conditions that apply to travel by MOP(S) Act employees apply |
21 | A security assessment of the former Prime Minister’s principal residence and the office accommodation provided at Commonwealth expense and provision of security enhancements | |
22 | A former Prime Minister and an accompanying spouse or de facto partner has access to international travel expenses necessary for the travel when undertaking international travel approved by the Prime Minister. If the Prime Minister approves international travel for the former Prime Minister, the Prime Minister is taken to have approved travel by one staff member accompanying the former Prime Minister. | a) As approved by the Prime Minister in writing from time to time b) A spouse or de facto partner must have the express approval of the Prime Minister to accompany the former Prime Minister |
Schedule—The Hon Julia Eileen Gillard AC
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One position not above the level of Adviser/Media Adviser | a) These positions do not carry an entitlement to Parliamentary Staff Allowance. b) All staff should be based in the home city of the nominated office only, so in Adelaide—non‑standard work base for staff is not approved c) Salaries are as set out for a ‘non‑Government personal employee’ in the Enterprise Agreement applicable for staff employed under the Members of Parliament (Staff) Act 1984 d) Persons employed in these positions are permitted to hold outside employment provided they have written agreement of the former Prime Minister to do so. Reasonable steps should be taken to disclose and avoid any real or apparent conflict of interests. |
2 | One position not above the level of Assistant Adviser |
3 | If the former Prime Minister engages a driver on his personal staff, an extra position not above the level of Executive Assistant |
4 | One non‑ongoing employee at the Senior Adviser 1 level, for a period of 12 months from 17 October 2013 |
5 | When an employee is absent on approved leave for 12 weeks or more, a person may be temporarily employed under the MOP(S) Act to fill the vacancy. |
6 | As former Prime Ministers are not provided with an entitlement to a relief staff budget, they will need to ensure that arrangements are in place within the workplace to cover periods of employee absence of less than 12 weeks. |
7 | Parliamentary Retirement Travel Entitlement holder | |
8 | Office accommodation for official business as a former Prime Minister, together with: a) equipment (other than office information and communications technology equipment); b) facilities; c) office requisites; and d) stationery necessary; to operate the office to accommodate the former Prime Minister and her personal employees, within the city in which the former Prime Minister has her principal residence | As approved by the Minister |
9 | Office information and communications technology equipment necessary to operate the office. This includes items such as: a) computers; b) software; c) printers; d) multi‑function devices; e) mobile telephones; and f) smartphones. It does not include office telephone landlines and associated equipment—office telephone equipment is approved by the Minister. | As approved by the Presiding Officers |
10 | Unlimited postage for official business as a former Prime Minister | |
11 | Access to Commonwealth Parliament Offices, including Melbourne, for use consistent with the standing arrangements for visiting access by former Prime Ministers for official business as a former Prime Minister | |
12 | A mobile phone or a smartphone or a Subscriber Identity Module (SIM) card for use in a personally‑owned device, for communication related to a former Prime Minister’s official business | The mobile phone or smartphone is to be a type approved by the Presiding Officers |
13 | The cost of purchasing publications (including electronic publications) for purposes relating to official business as a former Prime Minister, but not commercial business, up to the amount provided for a member of the House of Representatives representing an electorate with a demographic rating of inner metropolitan | |
14 | A telephone line, including rental, transfer and call costs in each of the former Prime Minister’s private residence(s) for official business as a former Prime Minister | |
15 | The former Prime Minister is entitled to an Australian made, private‑plated standard vehicle, including all running and maintenance costs, as advised by the Minister for office holders, consistent with the guidelines that may apply at the time to the provision of private‑plated vehicles to members under the Act. The former Prime Minister has the option of engaging a driver on his personal staff (at a level not above the Executive Assistant level). | The Minister may approve a non‑Australian or non‑standard private‑plated vehicle in special circumstances. |
16 | A former Prime Minister has access to car‑with‑driver transport within Australia, excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling on official business as a former Prime Minister, other than in the town or city in which the private‑plated vehicle is based or the capital city in which the former Prime Minister has an allocated car and driver. | |
17 | A former Prime Minister has access to car‑with‑driver transport within the town or city in which the private‑plated vehicle is based for direct travel on official business as a former Prime Minister between her home base or her Commonwealth provided office and the nearest airport or railway station, or when travelling to attend either a Vice Regal function or an official function for purposes related to her role as a former Prime Minister. | |
18 | A former Prime Minister has access to car transport for specific journeys only when travelling overseas on official business as a former Prime Minister in locations where an overseas post maintains a vehicle fleet. | |
19 | For the spouse or de facto partner of a former Prime Minister, car‑with‑driver transport within Australia excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling to accompany or join a former Prime Minister who is travelling on official business as a former Prime Minister | |
20 | Employee travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to $15,000 per financial year. All costs of travel including fares, travelling allowance and car transport payments will be deducted from the employee travel budget. The incumbent Prime Minister may consider a request from a former Prime Minister where special circumstances require an increase to the employee travel budget. | Other than provided in this Schedule, the usual terms and conditions that apply to travel by MOP(S) Act employees apply |
21 | A security assessment of the former Prime Minister’s principal residence and the office accommodation provided at Commonwealth expenses and provision of agreed security enhancements | |
22 | A former Prime Minister and an accompanying spouse or de facto partner has access to international travel expenses necessary for the travel when undertaking international travel approved by the Prime Minister. If the Prime Minister approves international travel for the former Prime Minister, the Prime Minister is taken to have approved travel by one staff member accompanying the former Prime Minister. | a) As approved by the Prime Minister in writing from time to time b) A spouse or de facto partner must have the express approval of the Prime Minister to accompany the former Prime Minister |
Schedule—The Hon Anthony (Tony) John Abbott
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One position not above the level of Adviser/Media Adviser | a) These positions do not carry an entitlement to Parliamentary Staff Allowance. b) All staff should be based in the home city of the nominated office only—non‑standard work base for staff is not approved c) Salaries are as set out for a ‘non‑Government personal employee’ in the Enterprise Agreement applicable for staff employed under the Members of Parliament (Staff) Act 1984 d) Persons employed in these positions are permitted to hold outside employment provided they have written agreement of the former Prime Minister to do so. Reasonable steps should be taken to disclose and avoid any real or apparent conflict of interests. |
2 | One position not above the level of Assistant Adviser |
3 | The former Prime Minister has the option of engaging a driver on his personal staff (at a level not above the Executive Assistant level). |
4 | One non‑ongoing employee at the Senior Adviser 2 level, for a period of 12 months from the date of leaving Parliament. |
5 | When an employee is absent on approved leave for 12 weeks or more, a person may be temporarily employed under the MOP(S) Act to fill the vacancy. |
6 | As former Prime Ministers are not provided with a relief staff budget, they will need to ensure that arrangements are in place within the workplace to cover periods of employee absence of less than 12 weeks. |
7 | Parliamentary Retirement Travel Entitlement holder | |
8 | Office accommodation for official business as a former Prime Minister, together with: a) equipment including office telephone equipment (other than office information and communications technology equipment, see item 9); b) facilities; c) office requisites; and d) stationery necessary; to operate the office to accommodate the former Prime Minister and his personal employees, within the city in which the former Prime Minister has his principal residence | As approved by the Minister responsible for the Parliamentary Business Resources Act 2017 |
9 | Office information and communications technology equipment necessary to operate the office. This includes items such as: a) computers; b) software; c) printers; d) multi‑function devices; e) mobile telephones; and f) smartphones. | As approved by the Presiding Officers |
10 | Unlimited postage for official business as a former Prime Minister | |
11 | Access to Commonwealth Parliament Offices for use consistent with the standing arrangements for visiting access by former Prime Ministers for official business as a former Prime Minister | |
12 | A mobile phone or a smartphone or a Subscriber Identity Module (SIM) card for use in a personally‑owned device, for communication related to a former Prime Minister’s official business | The mobile phone or smartphone is to be a type approved by the Presiding Officers |
13 | The cost of purchasing publications (including electronic publications) for purposes relating to official business as a former Prime Minister, but not commercial business, up to the amount provided for a member of the House of Representatives representing an electorate with a demographic rating of inner metropolitan | |
14 | A telephone line, including rental, transfer and call costs in each of the former Prime Minister’s private residence(s) for official business as a former Prime Minister | |
15 | The former Prime Minister is entitled to either: a) a private‑plated standard vehicle, including all running and maintenance costs; or b) an allowance that is payable instead a private plated vehicle, as advised by the Minister, consistent with the guidelines that may apply at the time to the provision of private‑plated vehicles to members under the Act. | The Minister may approve a non‑standard private‑plated vehicle in special circumstances. |
16 | A former Prime Minister has access to car‑with‑driver transport within Australia, excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling on official business as a former Prime Minister, other than in the town or city of his or her principal residence. | |
17 | A former Prime Minister has access to car‑with‑driver transport within the town or city of his or her principal residence for direct travel on official business as a former Prime Minister between his home base or his Commonwealth provided office and the nearest airport or railway station, or when travelling to attend either a Vice Regal function or an official function for purposes related to his role as a former Prime Minister. | |
18 | A former Prime Minister has access to car transport for specific journeys only when travelling overseas on official business as a former Prime Minister in locations where an overseas post maintains a vehicle fleet. | |
19 | For the spouse or de facto partner of a former Prime Minister, car‑with‑driver transport within Australia excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling to accompany or join a former Prime Minister who is travelling on official business as a former Prime Minister | |
20 | Employee travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to $15,000 per financial year. All costs of travel including fares, travelling allowance and car transport payments will be deducted from the employee travel budget. The incumbent Prime Minister may consider a request from a former Prime Minister where special circumstances require an increase to the employee travel budget. | Other than provided in this Schedule, the usual terms and conditions that apply to travel by MOP(S) Act employees apply |
21 | A security assessment of the former Prime Minister’s principal residence and the office accommodation provided at Commonwealth expenses and provision of agreed security enhancements | |
22 | A former Prime Minister and an accompanying spouse or de facto partner has access to international travel expenses necessary for the travel when undertaking international travel approved by the Prime Minister. If the Prime Minister approves international travel for the former Prime Minister, the Prime Minister is taken to have approved travel by one staff member accompanying the former Prime Minister. | a) As approved by the Prime Minister in writing from time to time b) A spouse or de facto partner must have the express approval of the Prime Minister to accompany the former Prime Minister |
Schedule—The Hon Malcolm Bligh Turnbull
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One position not above the level of Adviser/Media Adviser | a) These positions do not carry an entitlement to Parliamentary Staff Allowance. b) All staff should be based in the home city of the nominated office only—non‑standard work base for staff is not approved c) Salaries are as set out for a ‘non‑Government personal employee’ in the Enterprise Agreement applicable for staff employed under the Members of Parliament (Staff) Act 1984 d) Persons employed in these positions are permitted to hold outside employment provided they have written agreement of the former Prime Minister to do so. Reasonable steps should be taken to disclose and avoid any real or apparent conflict of interests. |
2 | One position not above the level of Assistant Adviser |
3 | If the former Prime Minister engages a driver on his personal staff, an extra position not above the level of Executive Assistant |
4 | One non‑ongoing employee at the Senior Adviser 2 level, for a period of 12 months from the date of leaving Parliament. |
5 | When an employee is absent on approved leave for 12 weeks or more, a person may be temporarily employed under the MOP(S) Act to fill the vacancy. |
6 | As former Prime Ministers are not provided with a relief staff budget, they will need to ensure that arrangements are in place within the workplace to cover periods of employee absence of less than 12 weeks. |
7 | Parliamentary Retirement Travel Entitlement holder | |
8 | Office accommodation for official business as a former Prime Minister, together with: a) equipment including office telephone equipment (other than office information and communications technology equipment, see item 9); b) facilities; c) office requisites; and d) stationery necessary; to operate the office to accommodate the former Prime Minister and his personal employees, within the city in which the former Prime Minister has his principal residence | As approved by the Minister responsible for the Parliamentary Business Resources Act 2017 |
9 | Office information and communications technology equipment necessary to operate the office. This includes items such as: a) computers; b) software; c) printers; d) multi‑function devices; e) mobile telephones; and f) smartphones. | As approved by the Presiding Officers |
10 | Unlimited postage for official business as a former Prime Minister | |
11 | Access to Commonwealth Parliament Offices for use consistent with the standing arrangements for visiting access by former Prime Ministers for official business as a former Prime Minister | |
12 | A mobile phone or a smartphone or a Subscriber Identity Module (SIM) card for use in a personally‑owned device, for communication related to a former Prime Minister’s official business | The mobile phone or smartphone is to be a type approved by the Presiding Officers |
13 | The cost of purchasing publications (including electronic publications) for purposes relating to official business as a former Prime Minister, but not commercial business, up to the amount provided for a member of the House of Representatives representing an electorate with a demographic rating of inner metropolitan | |
14 | A telephone line, including rental, transfer and call costs in each of the former Prime Minister’s private residence(s) for official business as a former Prime Minister | |
15 | The former Prime Minister is entitled to a private‑plated standard vehicle, including all running and maintenance costs, as advised by the Minister for office holders, consistent with the guidelines that may apply at the time to the provision of private‑plated vehicles to members under the Act. The former Prime Minister has the option of engaging a driver on his personal staff (at a level not above the Executive Assistant level). | The Minister may approve a non‑standard private‑plated vehicle in special circumstances. |
16 | A former Prime Minister has access to car‑with‑driver transport within Australia, excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling on official business as a former Prime Minister, other than in the town or city in which the private‑plated vehicle is based. | |
17 | A former Prime Minister has access to car‑with‑driver transport within the town or city in which the private‑plated vehicle is based for direct travel on official business as a former Prime Minister between his home base or his Commonwealth provided office and the nearest airport or railway station, or when travelling to attend either a Vice Regal function or an official function for purposes related to his role as a former Prime Minister. | |
18 | A former Prime Minister has access to car transport for specific journeys only when travelling overseas on official business as a former Prime Minister in locations where an overseas post maintains a vehicle fleet. | |
19 | For the spouse or de facto partner of a former Prime Minister, car‑with‑driver transport within Australia excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling to accompany or join a former Prime Minister who is travelling on official business as a former Prime Minister | |
20 | Employee travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to $15,000 per financial year. All costs of travel including fares, travelling allowance and car transport payments will be deducted from the employee travel budget. The incumbent Prime Minister may consider a request from a former Prime Minister where special circumstances require an increase to the employee travel budget. | Other than provided in this Schedule, the usual terms and conditions that apply to travel by MOP(S) Act employees apply |
21 | A security assessment of the former Prime Minister’s principal residence and the office accommodation provided at Commonwealth expenses and provision of agreed security enhancements | |
22 | A former Prime Minister and an accompanying spouse or de facto partner has access to international travel expenses necessary for the travel when undertaking international travel approved by the Prime Minister. If the Prime Minister approves international travel for the former Prime Minister, the Prime Minister is taken to have approved travel by one staff member accompanying the former Prime Minister. | a) As approved by the Prime Minister in writing from time to time b) A spouse or de facto partner must have the express approval of the Prime Minister to accompany the former Prime Minister |
Schedule—The Hon Scott John Morrison
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | Under section 13 of the MOP(S) Act, one non‑ongoing position not above the level of Senior Adviser 1, for a period of no longer than 12 months, while the former Prime Minister remains in the Parliament. | a) These positions do not carry an entitlement to Parliamentary Staff Allowance. b) All staff should be based in the home city of the nominated office only—non‑standard work base for staff is not approved. c) Salaries are as set out for a ‘non‑Government personal employee’ in the Enterprise Agreement applicable for staff employed under the MOP(S) Act. d) Persons employed in these positions are permitted to hold outside employment provided they have written agreement of the former Prime Minister to do so. Reasonable steps should be taken to disclose and avoid any real or apparent conflict of interests. |
2 | Under section 13 of the MOP(S) Act, one position not above the level of Adviser after the former Prime Minister leaves the Parliament. |
3 | Under section 13 of the MOP(S) Act, one position not above the level of Assistant Adviser. |
4 | Under section 13 of the MOP(S) Act, one non‑ongoing employee at the Senior Adviser 2 level, for a period of 12 months from the date of leaving Parliament. |
5 | When an employee is absent on approved leave for 12 weeks or more, a person may be temporarily employed under the MOP(S) Act to fill the vacancy under section 13 of the MOP(S) Act. |
6 | As former Prime Ministers no longer in the Parliament are not provided with a relief staff budget, they will need to ensure that arrangements are in place within the workplace to cover periods of employee absence of less than 12 weeks. |
7 | Under the Parliamentary Retirement Travel Act 2002, Parliamentary Retirement Travel after the former Prime Minister leaves the Parliament. | |
8 | After the former Prime Minister leaves the Parliament, office accommodation for official business as a former Prime Minister, together with: a) equipment including telephone equipment (other than office information and communications equipment, see item 9); b) facilities; c) office requisites; and d) stationery; necessary to operate the office to accommodate the former Prime Minister and his personal employees, within the city in which the former Prime Minister has his principal residence. | In accordance with the standard provided to members of Parliament in their electorate offices. |
9 | After the former Prime Minister leaves the Parliament, office information and communications technology equipment necessary to operate the office. This includes items such as: a) computers; b) software; c) printers; d) multi‑function devices; e) mobile telephones; and f) smartphones. | In accordance with the standard provided to members of Parliament in their electorate offices. |
10 | After the former Prime Minister leaves the Parliament, unlimited postage for official business as a former Prime Minister | |
11 | After the former Prime Minister leaves the Parliament, access to visiting suites in the Commonwealth Parliament Offices for official business as a former Prime Minister. | Consistent with the allocation of visiting suites provided under the Parliamentary Business Resources (Commonwealth Parliament Offices) Determination (No. 1) 2019 or relevant subsequent determination. |
12 | A mobile phone or a smartphone or a Subscriber Identity Module (SIM) card for use in a personally‑owned device, for communication related to a former Prime Minister’s official business. | In accordance with the standard provided to members of Parliament. |
13 | After the former Prime Minister leaves the Parliament, the cost of purchasing publications (including electronic publications) for purposes relating to official business as a former Prime Minister, but not commercial business. | |
14 | After the former Prime Minister leaves the Parliament, telephone and internet expenses, including rental, transfer and call costs in each of the former Prime Minister’s private residence(s). | |
15 | After the former Prime Minister leaves the Parliament, a private‑plated standard vehicle, including all running and maintenance costs. | Consistent with the standard of private plated vehicles and associated expenses provided to members under paragraph 14(4)(a) of the PBR Act. |
16 | A former Prime Minister has access to car‑with‑driver transport within Australia, excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling on official business as a former Prime Minister, other than in the town or city in which the private‑plated vehicle is based. | |
17 | After the former Prime Minister leaves the Parliament, access to car‑with‑driver transport within the town or city in which the private‑plated vehicle is based for direct travel on official business as a former Prime Minister between his home base or his Commonwealth provided office and the nearest airport or railway station, or when travelling to attend either a Vice Regal function or an official function for purposes related to his role as a former Prime Minister. | |
18 | A former Prime Minister has access to car transport for specific journeys only when travelling overseas on official business as a former Prime Minister in locations where an overseas post maintains a vehicle fleet. | |
19 | For the spouse or de facto partner of a former Prime Minister, car‑with‑driver transport within Australia excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling to accompany or join a former Prime Minister who is travelling on official business as a former Prime Minister. | |
20 | Under section 13 of the MOP(S) Act, after the former Prime Minister leaves the Parliament, employee travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to $15,000 per financial year. All costs of travel including fares, travelling allowance and car transport payments will be deducted from the employee travel budget. The incumbent Prime Minister may consider a request from a former Prime Minister where special circumstances require an increase to the employee travel budget. | Other than provided in this Schedule, the usual terms and conditions that apply to travel by MOP(S) Act employees apply. |
21 | A security assessment of the former Prime Minister’s principal residence and the office accommodation provided at Commonwealth expense and provision of agreed security enhancements. | |
22 | After leaving the Parliament, the former Prime Minister and an accompanying spouse or de facto partner have access to international travel expenses necessary for the travel when undertaking international travel approved by the Prime Minister. If the Prime Minister approves international travel for the former Prime Minister, the Prime Minister is taken to have approved travel by one staff member accompanying the former Prime Minister. | a) As approved by the Prime Minister in writing from time to time. b) A spouse or de facto partner must have the express approval of the Prime Minister to accompany the former Prime Minister. |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | FRLI registration | Commencement | Application, saving and transitional provisions |
Parliamentary Business Resources (Former Prime Ministers) Determination 2017 | 22 December 2017 (F2017L01716) | 1 January 2018 (s 2) | |
Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018 | 6 September 2018 (F2018L01269) | 7 September 2018 (s 2) | |
Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018 (No. 2) | 21 September 2018
(F2018L01332) | 22 September 2018 (s 2) | |
Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018 (No. 3) | 26 September 2018
(F2018L01345) | 27 September 2018 (s 2) | |
Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2019 | 28 May 2019
(F2019L00692) | 29 May 2019 (s 2) | |
Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2022 | 3 August 2022
(F2022L01039) | 4 August 2022 (s 2) | |
Endnote 4—Amendment history
Provision affected | How affected | |
s 2..................... | rep LIA s 48D |
s 4..................... | am F2018L01332; am F2022L01039 |
| ed C5 |
s 5..................... | am F2018L01269; am F2019L00692; am F2022L01039 |
Schedule—The Hon Paul John Keating | ad F2019L00692 |
Schedule—The Hon John Winston Howard OM AC | ad F2019L00692 |
Schedule—The Hon Kevin Michael Rudd | ad F2019L00692
renum F2019L00692 |
Schedule—The Hon Julia Eileen Gillard AC | ad F2019L00692
renum F2019L00692 |
Schedule—The Hon Anthony (Tony) John Abbott | am F2018L01345; rs F2019L00692 |
Schedule—The Hon Malcolm Bligh Turnbull | ad F2018L01269; F2018L01332
renum F2018L01332 |
Schedule––The Hon Scott John Morrison | ad F2022L01039 |
| | |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Subsection 4(1) (definition of MOP(S) Act)
Kind of editorial change
Change to punctuation
Details of editorial change
Schedule 1 item 1 of the Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2022 instructs to insert the definition of MOP(S) Act into subsection 4(1).
The definition of MOP(S) Act ends with a closing square bracket.
This compilation was editorially changed to remove the closing square bracket from the end of the definition of MOP(S) Act in subsection 4(1) to correct the punctuation.