Protocol - dealing with allegations of misuse of parliamentary work expenses

The Independent Parliamentary Expenses Authority (IPEA) was established to provide greater accountability and transparency of the Parliamentary Business Resources Framework (the Framework). IPEA provides assurance that parliamentarians’ work resources and Members of Parliament (Staff) Act 1984 (MOP(S) Act) employees’ travel resources are accessed in compliance with the Framework.

IPEA deals with possible misuse of work or travel resources at arm’s length from Government. The Independent Parliamentary Expenses Authority Act 2017 (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 a Preliminary Assessment. The 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 of possible misuse, IPEA decides whether to undertake an Assurance Review or Audit of the matter. IPEA does not undertake Assurance Reviews or Audits at the request of parliamentarians or MOP(S) Act employees.

• Under the IPEA Act, IPEA may audit any parliamentarian’s work resource or MOP(S) Act travel resource as it considers appropriate.
• IPEA may conduct an Assurance Review where a Preliminary Assessment indicates that a parliamentary work resource or MOPS travel resource may have been used in a manner inconsistent with the 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. 
• IPEA conducts all assurance activities in a manner consistent with the principles of procedural fairness. In the event of an Audit, the parliamentarian or MOP(S) Act employee is provided with the opportunity to comment on any findings.

Referral to the Australian Federal Police

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

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).

As approved by the Members of the Authority: July 2024