Members of Parliament (Staff) Amendment Bill 2023 - Commentary on Ministerial Responses [2023] AUSStaCSBSD 194 (18 October 2023)

• Members of Parliament (Staff) Amendment Bill 2023135

---

Members of Parliament (Staff) Amendment Bill 2023^[135]

Purpose	The bill seeks to amend the Members of Parliament (Staff) Act 1984 to implement certain recommendations of the review by the Department of Prime Minister and Cabinet in relation to the Act's employment framework. It also seeks to make consequential amendments to the establishment of the Parliamentary Workplace Support Service and seeks to make consequential amendments to 18 Acts.
Portfolio	Special Minister of State
Introduced	House of Representatives on 10 August 2023
Bill status	Royal Assent on 20 September 2023

Broad delegation of administrative powers167F^[136]

2.24 The bill amends the Members of Parliament (Staff) Act 1984 (MOPS Act) to implement 11 of the 15 recommendations of the 7 October 2022 Review of the MOPS Act undertaken by the Department of Prime Minister and Cabinet.

2.25 Item 14 of schedule 1 to the bill inserts section 31 into the MOPS Act. Subsection 31(1) empowers a parliamentarian or office-holder to authorise another person to exercise all or any of their functions or powers under the MOPS Act, provided that they are satisfied that it is appropriate. Subsection 31(2) requires an authorised person to comply with any directions of the authoriser.

2.26 In Scrutiny Digest 10 of 2023 the committee requested the minister's advice as to:

• why it is necessary and appropriate to allow for any authorised person to carry out a parliamentarian or office-holders' functions or powers under the Members of Parliament (Staff) Act 1984;

• who it is anticipated that a parliamentarian or office holder may authorise to exercise their powers or functions under the Members of Parliament (Staff) Act 1984; and

• whether authorised persons will be expected to hold specific or relevant experience, training or qualifications.

---

^[135] This entry can be cited as: Senate Standing Committee for the Scrutiny of Bills, Members of Parliament (Staff) Amendment Bill 2023, Scrutiny Digest 12 of 2023; [2023] AUSStaCSBSD 194.

^[136] Schedule 1, item 14, proposed subsection 31(1).The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(ii).