Protocol - dealing with allegations of misuse of parliamentary work expenses

The Independent Parliamentary Expenses Authority Act 2017 Act created the Independent Parliamentary Expenses Authority (IPEA). The functions of IPEA include scrutiny in respect of work and travel resources of members of parliament and the travel resources of parliamentarians’ staff, the provision of guidance and advice to members of parliament and their staff with respect to the use and expenditure of such resources and the monitoring of the use of such resources.

IPEA’s functions ensure accountability and transparency of the resources available to parliamentarians under several Commonwealth statutes which are collectively referred to as the Parliamentary Business Resources Framework (“the framework”). Parliamentarians’ staff travel resources are provided under the Members of Parliament (Staff) Act 1984. IPEA provides assurance that parliamentarians’ work resources and the travel resources of their staff are accessed in compliance with the relevant framework.

IPEA deals with possible misuse of work or travel resources independently of Government. The IPEA Act provides legislative powers for the auditing and reporting of parliamentary work resources and MOPS travel resources.

When IPEA becomes aware of information that indicates possible non-compliance with the Framework, IPEA may conduct an examination, known as a Preliminary Assessment. Such an assessment determines whether a parliamentary work resource or MOPS travel resource has been used in relation to a particular noted activity or event. 

Possible misuse

In the event that the assessment indicates non-compliance, IPEA will conduct a more extensive examination namely by way of Assurance Review or an Audit of the expenditure. IPEA may do any of the following:

• Under the IPEA Act, IPEA may audit any parliamentarian’s work resource or staff travel resource as it considers appropriate.
• IPEA may conduct an Assurance Review where a Preliminary Assessment indicates that a parliamentary work resource or staff travel resource may have been used in a manner inconsistent with the relevant framework. 
• IPEA may conduct an Audit where there are indications of serious or systemic misuse of resources or where there is an educative benefit.
• An Audit may also be a systematic and comprehensive examination of the use by all parliamentarians and/or MOP(S) Act employees of a specific category of work or travel resources.
• IPEA may issue a notice requiring a person to provide information that is relevant to a matter under consideration by IPEA, as provided for under Part 5 of the IPEA Act. Criminal penalties apply for failure to comply with a notice, or for providing false or misleading information. A notice under section 5 of the IPEA Act is issued by the Members of the Authority or the Chief Executive Officer, subject to guidance from the Members
• IPEA conducts all assurance activities in a manner consistent with the principles of procedural fairness. In the event of an Audit, the parliamentarian or staff member is provided with the opportunity to comment on any findings.

Referral to the Australian Federal Police (AFP)

IPEA may refer a matter to the AFP where it considers that further investigative powers might assist in determining whether there is evidence of serious or systemic misuse of resources. The Members of the Authority decide whether a matter is referred to the AFP.  The Minister responsible for the AFP and the Minister responsible for the Framework are notified of a referral. 

Referral to the National Anti-Corruption Commission (NACC)

IPEA may refer a matter to the NACC if it considers there is clear evidence of serious or systemic corrupt conduct. The Members of the Authority decide whether a matter is referred to the NACC. The Minister responsible for the NACC and the Minister responsible for the Framework are notified of a referral.

Publication of audits

• Members of the Authority decide whether, or not, to publish their decision(s).