Members of Parliament (Staff) Amendment (Providing Certainty and Improving Integrity) Bill 2025

High-Level Summary

The Members of Parliament (Staff) Amendment (Providing Certainty and Improving Integrity) Bill 2025 amends the Members of Parliament (Staff) Act 1984 to guarantee minimum personal staffing entitlements for non-government parliamentarians and to prevent the Prime Minister from reducing those entitlements by later determination.


Summary

This Bill makes targeted amendments to the Members of Parliament (Staff) Act 1984 (MoPS Act) to enshrine fixed minimum staffing guarantees for non-government MPs and remove executive discretion to cut those baselines. Key features include:

  • Insertions to section 3 defining terms such as “allocation entity”, “minority party”, “Senior Adviser allocation” and “total number of Government staff”.
  • Amendment of section 7 to omit the Prime Minister’s power to set arbitrary staff numbers under determination.
  • Addition of a new section 12A establishing a table of minimum entitlements:
    • Opposition: at least 110 personal staff or 22% of Government staff allocation, whichever is greater.
    • Non-government parties with ≥ 8 MPs: at least 25 staff or 5% of Government allocation, whichever is greater.
    • Minor parties (< 8 MPs) and independents: at least 3 personal staff, including one Senior Adviser.
  • Prohibition on any instrument under section 12(2) that inconsistent with the new guarantees (void ab initio).
  • Transitional rules allowing the Prime Minister limited rule-making power, excluding any reduction of entitlements or imposition of penalties.
  • Funding provision clarifying that expenditure flows from parliamentary appropriations.

These measures ensure that no future Prime Minister—regardless of party—can unilaterally undercut the staffing resources necessary for Parliament’s effective scrutiny of the executive.


Argument For
Normative Bases
  1. Pro-Democracy
  2. Non-Discrimination

Effective parliamentary scrutiny is a cornerstone of democratic governance. By guaranteeing minimum staffing for opposition, minority and independent MPs, this Bill strengthens Parliament’s capacity to research legislation, challenge executive decisions and uphold transparency [Judgment].

Embedding these entitlements in primary legislation removes the risk of partisan manipulation and promotes equal treatment of all elected representatives, regardless of their party affiliation or size. This fairness fosters public confidence in democratic institutions and ensures that the Government remains accountable to the people [Judgment].


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection

Rigid statutory formulas for staffing may limit future governments’ ability to respond to changing priorities, fiscal constraints or emergent parliamentary workloads. Retaining executive flexibility allows allocations to be tailored to actual needs rather than fixed quotas [Judgment].

Guaranteeing minimum staff numbers could also lead to inefficiencies, where positions exist simply to meet legal entitlements rather than based on demonstrable workload. A periodic, merits-based review process may better balance effective oversight with prudent use of public funds [Judgment].


Date:

2025-08-25

Chamber:

Senate

Status:

Before Senate

Sponsor:

CASH, Sen Michaelia; BABET, Sen Ralph; HANSON, Sen Pauline; PAYMAN, Sen Fatima

Portfolio:

Unspecified

Categories:

Democratic Institutions, Discrimination / Human Rights, Civics

Timeline:
25/08/2025
28/08/2025

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