House of Representatives

Explanatory Memorandum

(Circulated by authority of the Special Minister of State, Senator the Hon Scott Ryan)

Attachment A - Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Parliamentary Business Resources (Consequential and Transitional Provisions) Bill 2017

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

The Parliamentary Business Resources (Consequential and Transitional Provisions) Bill 2017 (the Bill) makes consequential and transitional arrangements to ensure a smooth transition from the old parliamentary work expenses framework established primarily under the Parliamentary Entitlements Act 1990 (the PE Act) to the new work expenses framework established by the Parliamentary Business Resources Bill (PBR Bill).

The Bill repeals a number of Acts and provisions in Acts that exist under the old work expenses framework where an equivalent provision is provided in the new PBR Bill; this includes:

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the Parliamentary Entitlements Act 1990

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the Parliamentary Allowances Act 1952

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provisions in the Ministers of State Act 1952

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provisions in the Remuneration Tribunal Act 1973, and

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provisions in the Remuneration and Allowances Act 1990.

The Bill also makes consequential amendments to the following Acts in order to update references from the old work expenses framework to the new work expense framework, including:

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the Independent Parliamentary Expenses Authority Act 2017

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the Freedom of Information Act 1982

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the Age Discrimination Act 2004

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the Parliamentary Contributory Superannuation Act 1948

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the Parliamentary Superannuation Act 2004

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the Parliamentary Retirement Travel Act 2002, and

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the Safety, Rehabilitation and Compensation Act 1988.

The amendments are not designed, nor do they, expressly affect the rights of any person under the abovementioned Acts. Rather the amendments merely recognise that parliamentary work expenses will now be provided under a new single legislative head of the authority, the PBR Bill.

The Bill also contains necessary application and modification provisions to ensure the smooth transition from the old work expenses framework to the new work expense framework. For example, the Bill contains a modification power to allow a new Parliamentary injury compensation scheme instrument to be remade in a way that would override 12(2) Legislation Act 2003. This means that it could retrospectively impose a penalty or reporting obligation on a person in respect of the operation of the Parliamentary injury compensation scheme; although the intention is only to continue the existing penalties and reporting obligations that currently exist under the Parliamentary injury compensation scheme. Therefore, it is possible that this could engage the applicable rights and freedoms. However, to the extent that it would engage the applicable rights and freedoms, it is considered reasonable, necessary, and proportionate to achieve the objective of providing continuous coverage for members under Parliamentary injury compensation scheme.

Human Rights Implications

The amendments are machinery in nature. They are intended only to continue the rights and obligations that exist under the old work expenses framework in the transition to the new work expenses framework, provided under a new single head of legislative authority, the PBR Bill.

To the extent that the amendments give rise to the possibility that the applicable rights and freedoms could be engaged, it is considered reasonable, necessary, and proportionate to achieving the objective of a smooth transition from the old work expenses framework to the new work expenses framework. Therefore, given the consequential and transitional arrangements provided in the Bill do not expressly expand or limit existing rights and freedoms under the current work expenses framework, the Bill is compatible with human rights.

Conclusion

The Bill is compatible with human rights because it does not expressly expand or limit the applicable rights and freedoms. To the extent that it may allow for human rights to be expanded or limited in the future, this is considered reasonable, necessary and proportionate to achieving the objectives of the Bill.