Parliamentary Business Resources (Parliamentary Business) Determination 2025

The instrument operationalises four statutory categories used in the Parliamentary Business Resources Act 2017 by providing concrete activity lists in Schedules 1-4. Those categories are:

• Parliamentary duties (Schedule 1): This Schedule lists activities a member performs in the member’s capacity as a senator or member of the House. The activities include preparing for and attending proceedings of the Parliament (Schedule 1 Item 1(a)); developing, reviewing or amending legislation (Item 1(b)); undertaking research, communication and administration connected with parliamentary business or the member’s policy portfolio (Item 1(c)); preparing for and attending official government, parliamentary or vice regal meetings, events or functions (Item 1(d)); participating in meetings (including with stakeholders) connected to the member’s role (Item 1(e)); participating in non‑Parliamentary committees, taskforces or formal groups (Item 1(f)); representing the Parliament with the approval of the Parliament or a House (Item 1(g)); representing a Minister or office holder at that person’s request (Item 1(h)); and representing the Government or Australia with the Prime Minister’s approval (Item 1(i)). The Schedule includes an explicit note that when Ministers represent the Government or Australia in their ministerial capacity, those activities are part of official duties (Schedule 1 note cross‑referring to Schedule 4).
• Electorate duties (Schedule 2): This Schedule defines activities in the member’s capacity as an elected representative of constituents. It covers facilitating and participating in debates, meetings, events or functions relating to matters of importance to constituents and conducting related research and administrative functions (Schedule 2 Item 1(a)); communicating with constituents (Item 1(b)); and representing constituents’ views and interests (Item 1(c)).
• Party political duties (Schedule 3): This Schedule covers party organisational activities, including participating in formal party meetings and party conferences (Item 1) and, as a member or in collaboration with a group of members, developing policies, proposals and plans (including when such material may be used in a federal election), working with party administrative support functions or headquarters (including in the context of a federal election), and participating in events concerning those matters (Item 2). Schedule 3 also imposes a temporal boundary on communications by members whose electoral division will be abolished or changed because of a redistribution, permitting communications only after the final determination of name and boundaries under s 73 of the Commonwealth Electoral Act 1918 (Item 3).
• Official duties (Schedule 4): This Schedule applies to all office holders and Ministers of State in their official capacity and covers exercising powers, functions or duties of office and activities engaged in for that purpose (Schedule 4 Item 1(a)); attending events to which the member has been invited in the member’s official capacity (Item 1(b)); and other activities directly related to performing the official role (Item 1(c)).

Interpretive artefacts in the instrument: s 5(1) adopts the Act as a defined term and lists some specific expressions that the Act defines (constituent, member, office holder, vice regal function). Section 5(1) also clarifies that activities specified in Schedules apply whether inside Australia or overseas. Section 6(5) imports the dominant purpose test from s 26 of the Act and links the Schedule lists to resource claims under Part 3 of the Act, referencing subsections 26(1) and 26(3).

The instrument distinguishes capacities in which a member acts: the same factual activity may count differently depending on whether it is performed in the member’s parliamentary, electorate, party political or official capacity. The instrument does not itself adjudicate the dominant purpose; it defers to the Act’s dominant purpose test (s 26) and the Act’s other limitations and related instruments for assessing resource eligibility (s 6(5) note).

The determination primarily affects serving members of the Australian Parliament , specifically all persons who are a senator or a member of the House of Representatives , and, within that cohort, office holders and Ministers of State. The Schedules are framed in terms of classes:

• Schedule 1 and Schedule 2 and Schedule 3 apply to “All members who are a senator or member of the House of Representatives” (Schedules 1, 2 and 3 Item 1 headings). This means the instrument treats both senators and House members as the primary subjects for the parliamentary, electorate and party political duties lists.
• Schedule 4 applies to “All office holders and Ministers of State” (Schedule 4 Item 1 heading). That is a narrower class: it captures members who hold office (as defined in the Act) and Ministers of State.

Beyond members and office holders, the instrument engages other decision‑makers and institutional actors by reference:

• The Prime Minister: Schedule 1 Item 1(i) states that representing the Government or Australia requires the Prime Minister’s approval. That assigns a gatekeeping role to the Prime Minister for instances where a member asserts representational authority on behalf of the Government or Australia.
• The Parliament or a House of the Parliament: Schedule 1 Item 1(g) requires an approval of the Parliament or a House for a member to represent the Parliament.
• Ministers and office holders: Schedule 1 Item 1(h) permits members to represent a Minister or office holder where requested by that Minister or office holder; the text implies the Minister or office holder decides (by request) whether a member is to represent them.
• Electoral authorities: Schedule 3 Item 3 ties a members’ permitted communications after a redistribution to the final determination under s 73 of the Commonwealth Electoral Act 1918; that makes the electoral redistribution process relevant to the timing of certain communications.

Who pays is not specified in the determination; rather, s 6(5) ties eligibility to use “public resources under Part 3 of the Act.” Therefore the instrument affects the entitlement of members to claim and use public resources administered under the Act. It also affects administrative units that process resource claims, who must apply the Schedule definitions when assessing whether an activity fits the statutory categories and passes the dominant purpose test (s 6(5), referencing s 26 of the Act).

The instrument may affect party organisations and party headquarters indirectly because Schedule 3 Item 2 expressly includes engaging or working with party administrative support functions or headquarters, including in the context of a federal election, as a party political duty for members acting in that capacity.

Finally, the instrument impacts members’ constituents insofar as Schedule 2 formalises a set of electorate activities for which members could seek public resources (communications, representation of views, facilitating local debates and events).

This determination defines which activities fall into the four statutory duty categories, thereby affecting members’ rights to claim certain public resources under the Act (s 6(1)-(4), s 6(5)). Key duties and the circumstances in which they are treated as qualifying activities include:

Parliamentary duties (Schedule 1 Item 1): The instrument lists duties that are tied to participation in parliamentary proceedings (a), legislative work (b), research and stakeholder communication connected to parliamentary business or the member’s portfolio (c), preparing for and attending official government, parliamentary or vice regal meetings (d), engaging with stakeholders or meetings related to the member’s role (e), participating in non‑Parliamentary statutory or formal committees or taskforces (f), representing the Parliament with formal parliamentary approval (g), representing a Minister or office holder at that person’s request (h), and representing the Government or Australia with the Prime Minister’s approval (i). The Schedule includes a note that for Ministers representing the Government in their ministerial capacity, this activity is part of official duties (cross‑referring to Schedule 4).

Electorate duties (Schedule 2 Item 1): These include facilitating or participating in local debates, meetings and events or carrying out research and administrative tasks relating to matters of interest to constituents (a); communicating with constituents (b); and representing constituents’ views and interests (c).

Party political duties (Schedule 3 Items 1-2): The instrument treats formal party meetings and national, state or territory conferences as party political duties (Item 1). Item 2 expands party political duties to include developing policies, proposals and plans (including if they may be used by the member or the member’s political party in a federal election), working with party support functions or headquarters (including in the context of a federal election), and participating in events concerning those activities. Item 3 imposes a timing restriction for communications by members affected by a redistribution; the communication must be to persons who would be constituents in the new or altered division and must not occur until after the final name and boundary determination under s 73 of the Commonwealth Electoral Act 1918.

Official duties (Schedule 4 Item 1): For office holders and Ministers of State, official duties include exercising powers or functions of office (a), attending events to which the member has been invited in an official capacity (b), and other activities directly related to performing the member’s official role (c).

Rights and limitations: The instrument itself does not create a freestanding right to public resources; it defines duties that the Act recognises for purposes of resource provision. Section 6(5) explicitly links use of public resources under Part 3 of the Act to activities that are undertaken for the member’s dominant parliamentary purpose as defined by s 26 of the Act, and to the extent subsections 26(1) and 26(3) apply. The instrument therefore grants members definitional clarity about what may be claimed, but rights to resources remain conditional on the Act’s dominant purpose test and other statutory or administrative constraints. The instrument also contains explicit approvals that must be obtained before some representational activities are treated as parliamentary duties (Schedule 1 Items 1(g) and 1(i)), which limits unilateral claims by members in those categories.

Overlap and capacity issues: Because the Schedules are capacity‑based (parliamentary, electorate, party political, official), the same activity in substance may be treated differently depending on the capacity in which the member acts. The instrument anticipates this by cross‑referencing the Act’s dominant purpose test, which is the legal mechanism for choosing among competing capacities when deciding whether public resources can be used (s 6(5) referencing s 26). The instrument also signals that related instruments and the Act contain additional limitations on resource provision (s 6(5) note), so compliance requires reading this determination together with the Act and any other relevant determinations or administrative rules.

This determination does not itself prescribe penalties or enforcement mechanisms. It is a definitional instrument under the Parliamentary Business Resources Act 2017 that clarifies what activities fall within the statutory duty categories. The instrument repeatedly defers to the Act for legal consequences and limitations: the Authority clause cites subsections 6(3) and 6(4) of the Act (s 3), Schedules define the duties “for the purposes of paragraph 6(4)” of the Act (s 6(1)-(4) and Schedule headings), and s 6(5) links resource claims to Part 3 of the Act and to the dominant purpose test in s 26. Those cross‑references indicate that enforcement, sanctions, and penalties for misuse of public resources, as well as administrative review and dispute resolution processes, are governed by the Act and any other instruments or administrative rules made under or alongside the Act.

Consequently, the following points about penalties and enforcement must be inferred only as matters of institutional allocation rather than detailed obligations in this instrument:

• Administrative oversight and processing of resource claims will be conducted under the Act and any administrative procedures authorised by the Act. The determination creates the definitional inputs for those assessments but does not itself set assessment procedures.
• Any adverse consequences for using public resources for activities outside the Schedules, or for failing the dominant purpose test, arise under the Act’s provisions (s 6(5) cross‑referring to s 26, and the note that the Act and related instruments set out other limitations).
• Approval requirements in the Schedules (for example, representing the Parliament or the Government) impose conditions on when an activity is classified as a parliamentary duty; failure to obtain required approval will affect how the Act treats a claim and thus the administrative determination under the Act.
• The instrument’s repeal of the 2017 determination (s 4) may change the definitional baseline against which past conduct is judged. Enforcement bodies applying the Act will need to account for the change in the operative determination from commencement forward; the determination does not itself include transitional penalty or enforcement rules.

If an enforcement or penalty regime is relevant to a specific factual scenario, the instrument requires consulting the Parliamentary Business Resources Act 2017 and related instruments. This determination supplies the activity definitions that enforcement authorities will apply, but it does not set out sanctions, compliance mechanisms, or inspector functions itself.

The instrument is expressly made under the Parliamentary Business Resources Act 2017 (s 3) and repeatedly links its operation to that Act. Key interactions with other laws and instruments found in the text include:

• Parliamentary Business Resources Act 2017: The instrument’s authority is subsections 6(3) and 6(4) of the Act (s 3). Sections 6(1)-(4) of the determination map Schedule activities to paragraph 6(4) of the Act. Section 6(5) ties claims for and use of public resources under Part 3 of the Act to activities specified in the Schedules where the activity is undertaken for the dominant purpose as defined in s 26 of the Act and to the extent subsections 26(1) and 26(3) apply (s 6(5)). The instrument notes that the Act and related instruments set out other limitations on when resources may be provided (s 6(5) note). The instrument therefore must be read and applied in conjunction with the Act’s text concerning resource entitlement, the dominant purpose test, and any enforcement or administrative rules under the Act.
• Commonwealth Electoral Act 1918: Schedule 3 Item 3 conditionally permits communications by members whose electoral division will be abolished or changed because of a redistribution, but only after the day following the final determination of the name and boundaries of the new electoral division under s 73 of the Commonwealth Electoral Act 1918. That cross‑reference imports the timing and procedural outcomes of the Commonwealth Electoral Act into the practical operation of this determination.
• Other determinations and administrative instruments: The instrument expressly repeals the 2017 Parliamentary Business Resources (Parliamentary Business) Determination (s 4). It also contains a note that “the Act and related instruments set out other limitations on the circumstances in which resources may be provided” (s 6(5) note). That language recognises that other determinations, rules, or administrative guidance made under the Act will affect eligibility, claims processes, and any practical constraints on the use of public resources.
• Internal approvals and constitutional or parliamentary authorities: Schedule 1 Items 1(g) and 1(i) tie representational authority to the approval of the Parliament or a House, and to the Prime Minister, respectively. These are internal political or constitutional approvals that interact with parliamentary standing orders, ministerial conventions and the Prime Minister’s executive authority. The instrument does not define the procedural mechanics for these approvals, so procedural interaction with parliamentary practice and executive discretion remains an area where other instruments, rules or practices will govern the practical effect.
• Definitions from the Act: Section 5(1) notes that several words used in the instrument (constituent, member, office holder, vice regal function) are defined in the Act. That creates dependence on the Act’s definitions for interpreting who is covered and what functions the Schedules reach.

The determination is not a standalone regime; it functions as a definitional component within the legal architecture formed by the Act and related instruments, and it explicitly incorporates the dominant purpose test (s 26 of the Act) and an external electoral law reference (s 73 of the Commonwealth Electoral Act 1918) for specific timing conditions. Any practical legal analysis of entitlements, compliance or disputes therefore requires reading this instrument alongside the Parliamentary Business Resources Act 2017 and other relevant instruments and parliamentary or executive procedures.

This instrument is the Parliamentary Business Resources (Parliamentary Business) Determination 2025. It records a single explicit amendment event in its text: the repeal of the earlier Parliamentary Business Resources (Parliamentary Business) Determination 2017 (F2017L01691) (s 4). The 2017 determination is repealed as of this instrument’s commencement date.

The instrument’s procedural metadata records the date the Special Minister of State made the determination, 12 February 2025, and the maker’s name, Don Farrell (signature block). The commencement clause fixes commencement to the day after the instrument is registered (s 2), so the repeal takes effect and the 2025 definitions become operative from that date.

No other amendments or transitional provisions are included in the instrument. The instrument does not include savings, grandfathering clauses or explicit transitional arrangements for resource claims made under the 2017 determination before this instrument commences. Consequently, from the instrument’s commencement forward, the 2017 determination is no longer operative.

The instrument includes Notes that reference the Act for definitions and for other limitations on resource provision (s 5(1) and s 6(5) notes). Those notes function as interpretive cross‑references rather than amendment mechanisms. Any future amendment of the Act or other related instruments could change the scope or application of the definitions contained in this determination, but such changes would occur outside this instrument.

Because there are no textual transitional provisions, administration and compliance units will need to decide how to treat claims or activities that straddle the repeal date; the instrument itself leaves that implementation detail to administrative practice under the Act and any other related instruments or procedural guidance issued by the relevant administrative authority.

The instrument does not contain any reference to litigation, judgments, or legal proceedings. There is no litigation history recorded in the instrument text itself. The instrument repeals the 2017 determination (s 4) and replaces it with a new set of definitions for the purposes of the Parliamentary Business Resources Act 2017, but it does not refer to any court decisions or tribunal outcomes.

Because the determination is a definitional instrument under the Act and because enforcement, dispute resolution and penalties are governed by the Act and related instruments (see s 6(5) notes), any litigation about the classification of activities or the proper use of public resources under the Act would be conducted in the context of the Act’s enforcement framework rather than under this instrument’s text alone. If parties seek to challenge administrative decisions applying the Schedules, such litigation would need to cite the Act and the instrument together, and arguments would centre on interpretation of the Schedules in light of the Act’s dominant purpose test (s 26) and on the administrative law principles applicable to decisions about resource entitlement.

In short, the instrument does not itself record or create any litigation history. Any relevant case law will be found in proceedings arising under the Act after application of these determinations by the administering bodies; for that, consult court or tribunal records outside this instrument.

This instrument is short and largely definitional, but several potential pitfalls and implementation risks arise directly from its wording and its interaction with the Act:

1. Dominant purpose dependency: Section 6(5) makes eligibility to claim and use public resources under Part 3 of the Act contingent on the dominant purpose test in s 26 of the Act. The instrument does not define dominant purpose itself; it requires the member and administrators to apply s 26. That creates an evidentiary and assessment burden for both claimants and administrators, who must document or assess which capacity was the activity’s dominant purpose. Failure to establish dominant purpose in line with s 26 may result in disallowed claims even where the activity is listed in a Schedule.

2. Capacity overlap: Many activities could plausibly fit more than one Schedule depending on the capacity in which a member acts. For example, developing policy could be a parliamentary duty (Schedule 1 Item 1(b) or 1(c)) or a party political duty (Schedule 3 Item 2). Because the Schedules attach to capacities, claimants and administrators must record the capacity in which the activity was undertaken and justify it against the dominant purpose test. The instrument does not supply a priority rule between capacities.

3. Approvals required for representational activities: Schedule 1 includes approval conditions for representing the Parliament (Item 1(g)), representing the Government or Australia (Item 1(i), requiring the Prime Minister’s approval), and representing a Minister or office holder at that person’s request (Item 1(h)). These approval requirements can materially affect whether a representational activity qualifies as a parliamentary duty for resource purposes. Members and administrators must be attentive to securing and recording the required approvals.

4. Party activities and federal election context: Schedule 3 Item 2 expressly lists policy development and working with party headquarters, including in the context of a federal election, as party political duties. Whether public resources can be used for activities that intersect with election campaigning will depend on the dominant purpose test and the Act’s further limitations, which the instrument references but does not reproduce. The inclusion of election‑context party activities means administrators will need careful factual analysis before allowing resource claims tied to events that have an electoral purpose.

5. Redistribution timing caveat: Schedule 3 Item 3 limits communications by members whose divisions will be abolished or changed because of redistribution. Communications are only permitted after the final determination of name and boundaries under s 73 of the Commonwealth Electoral Act 1918. Members and their staff must align communications planning with that electoral timetable, or risk breaching the instrument’s categorical definition for party political duties and related resource rules.

6. Overseas activity: Section 5(1) states that activities specified in a Schedule are specified whether they take place within Australia or overseas. This has operational consequences for travel approvals, expenditure approvals and international engagements; overseas activities listed in the Schedules will be subject to the same dominant purpose and approval constraints as domestic activities.

7. Repeal without transitional rules: Section 4 repeals the 2017 determination from commencement, but the instrument contains no transitional or saving clauses. Administrations and members must be careful when relying on legacy practice or pre‑commencement approvals, as the definitional baseline changes on commencement day.

8. Absence of enforcement text: Because penalties and formal enforcement are governed by the Act, it is easy to overlook that the determination does not itself spell out the consequences of misclassification. Administrative decision‑makers must align the Schedule definitions with the Act’s enforcement tools when deciding to permit or deny resource claims.

9. Cross‑referenced concepts reside in the Act: Several essential interpretive inputs referenced in the instrument (the meanings of “member”, “office holder” and “vice regal function”; the dominant purpose test in s 26; Part 3 resource rules) are not contained in this determination. Practitioners should not rely on the Schedules alone when advising members or preparing claims.

Each of these items is a concrete procedural or evidentiary point arising from the instrument’s text and cross‑references. They create practical compliance burdens and uncertainty where the determination relies on the Act and other instruments to supply substantive limits, approvals and enforcement mechanisms.

To align conduct and resource claims with this determination and its cross‑references, follow concrete, source‑grounded steps derived from the instrument’s text and notes. This is a procedural checklist grounded in the instrument’s requirements and its explicit cross‑references to the Parliamentary Business Resources Act 2017 and the Commonwealth Electoral Act 1918.

1. Identify the member’s capacity for each activity:

   • Before incurring or claiming expenditure or other public resources, record whether the activity is being undertaken in the member’s parliamentary, electorate, party political or official capacity. The Schedules are capacity‑based (see s 6(1)-(4) and Schedules 1-4). Where an activity could fit more than one capacity, prepare factual documentation showing the dominant purpose (see step 3).

2. Check the Schedules for the relevant activity:

   • Consult Schedule 1 for parliamentary activities (proceedings, legislative work, research, stakeholder engagement, etc.), Schedule 2 for electorate duties (constituent communications and events), Schedule 3 for party political activities (formal party meetings, conferences, policy development, work with party headquarters) and Schedule 4 for official duties of office holders and Ministers (exercise of office powers, official events, related activities). Make an itemised match between the planned activity and the specific Schedule items (for example, Schedule 1 Item 1(b) for legislative development).

3. Apply the dominant purpose test:

   • Section 6(5) makes resource claims subject to the dominant purpose test in s 26 of the Act. Before lodging a claim under Part 3 of the Act, compile evidence to demonstrate that the dominant purpose of the activity was the member’s parliamentary business as defined in the Act and specified in a Schedule. Evidence may include agendas, minutes, stakeholder lists, emails showing purpose, policies or outputs produced, and approvals obtained.

4. Obtain required approvals in advance where necessary:

   • For representational activities described in Schedule 1, secure the relevant approvals before asserting the activity as a parliamentary duty. Schedule 1 Item 1(g) requires approval of the Parliament or a House to represent the Parliament; Schedule 1 Item 1(i) requires the Prime Minister’s approval to represent the Government or Australia. Where representing a Minister or office holder is based on that person’s request (Item 1(h)), retain written confirmation of the request.

5. Observe timing conditions tied to electoral law:

   • If affected by redistribution, do not communicate to persons who would be constituents in a new or altered division until after the final determination of name and boundaries under s 73 of the Commonwealth Electoral Act 1918, as required by Schedule 3 Item 3. Coordinate communications planning with electoral timetable milestones.

6. Treat overseas activities as potentially qualifying:

   • Section 5(1) makes Schedule activities specified whether they occur in Australia or overseas. If planning travel or international engagements listed in a Schedule, ensure approvals, dominant purpose evidence and travel‑specific administrative clearances (per the Act or other instruments) are in place.

7. Use the Act and related instruments for limits and procedures:

   • The instrument repeatedly notes that the Act and related instruments set out other limitations on resource provision (s 6(5) note). Before lodging a claim, consult the Parliamentary Business Resources Act 2017 for Part 3 eligibility rules, any other determinations under the Act, and administrative guidance or forms used by the body that administers Part 3 resource claims.

8. Maintain contemporaneous records:

   • Because the Act’s dominant purpose test and the Schedule mappings are fact‑sensitive, keep contemporaneous records that tie the activity to the declared capacity and the stated dominant purpose. Records should include approvals, itineraries, meeting agendas, stakeholder lists, communication texts and any outputs produced.

9. Reconcile party activities with resource rules:

   • Party political activities listed in Schedule 3 Item 2 (policy development, working with headquarters, election‑context work) may be particularly sensitive for public resource eligibility. When party activity overlaps with parliamentary or electorate functions, document how the activity’s dominant purpose is parliamentary or electorate business, or else refrain from seeking public resources for party political work.

10. Manage transition risk from repeal:

• Because the instrument repeals the 2017 determination (s 4) without transitional clauses, review any previously approved ongoing activities or pre‑commencement commitments against the new Schedules as soon as the instrument commences. Seek administrative clarification where prior approvals were granted under the 2017 determination.

11. Coordinate with administrative officers:

• Claims under Part 3 will be processed by administering bodies under the Act. Provide administrators the Schedule references that support each claim and the documentary evidence for dominant purpose and approvals. Clarify any cross‑referenced procedural or evidentiary standards with the administering office.

12. Seek legal or administrative advice for ambiguous cases:

• Where a factual scenario sits close to the boundary between capacities, or where event funding intersects with party political matters or electoral timeframes, seek prompt legal or administrative advice referencing the relevant Schedule item and s 6(5)’s reliance on s 26 of the Act.

These steps follow directly from the instrument’s text: the Schedules define qualifying activities (s 6(1)-(4)), s 5(1) extends Schedule coverage overseas, and s 6(5) ties access to public resources to the dominant purpose test in s 26 and to subsections 26(1) and 26(3) of the Act. The instrument leaves administrative detail, claim forms, specific exclusions and enforcement to the Act and related instruments; compliance therefore requires combining the Schedule mappings in this determination with the Act’s substantive and procedural provisions.