Rulings

Parliamentarian

This part of the website provides guidance to parliamentarians about the new parliamentary work expenses framework starting 1 January 2018.  

For further assistance, contact IPEA on 02 6215 3000 or email enquiries [at] ipea.gov.au.


On this page you will find information about:


Rulings

IPEA may give rulings to determine whether a parliamentarian has breached certain provisions of the Parliamentary Business Resources Act 2017 (PBR Act).

If a parliamentarian is found by IPEA to have breached one or more of these provisions, they will be required to reimburse the Commonwealth and may be liable to pay a 25% loading as a penalty.

When giving rulings, IPEA will consider any personal advice the parliamentarian received from IPEA to determine whether that advice was correct. If the advice is found to be incorrect, the parliamentarian may not be required to reimburse the Commonwealth. However, this is subject to the parliamentarian or any other person not giving false or misleading information to IPEA.

A parliamentarian is able to apply for a ruling from IPEA using the Application for ruling form.

A ruling can only be applied for after the expense has been incurred or claimed, not before.

IPEA has the power to give a ruling on its own initiative.

The Legislation

Rulings are given by IPEA to determine that:

  • a parliamentarian’s travel expenses were or were not incurred for the dominant purpose of conducting the parliamentarian's parliamentary business (see section 26 of the PBR Act)
  • a parliamentarian’s travel allowance was or was not claimed for the dominant purpose of conducting the parliamentary business (see section 26 of the PBR Act)
  • a parliamentarian’s incurring of travel expenses, or claiming of travel allowance, did or did not provide value for money (see section 27 of the PBR Act)
  • Particular conduct of a parliamentarian or other person (for example a spouse or dependent child) did or did not breach a condition relating to the provision of travel expenses or travel allowances (see section 28 of the  PBR Act); or
  • If a parliamentarian was given personal advice that the parliamentarian or any other person intended to engage in — the personal advice was or was not correct (see paragraph 37(2)(e) of the PBR Act).

More Information?

  • Application for ruling [PDF 160.55 KB]
  • Application for ruling [DOC 60.81 KB]
  • Additional information on the new expenses framework can be found on the Legislative Framework page. 
  • For all other work expense matters, phone (02) 6215 3542 for parliamentarians' or (02) 6215 3333 for MOP(S) Act employees or email mpshelp [at] finance.gov.au.