Read The Times Australia

Daily Bulletin

Bishop case rests on whether fundraiser was Speaker's 'official business'

  • Written by: The Conversation
imageSpeaker Bronwyn Bishop said her now-famous helicopter ride was within the guidelines on spending.AAP/Mick Tsikas

Prime Minister Tony Abbott has said Speaker Bronwyn Bishop is on “probation” after spending more than A$5000 of taxpayers' money on a helicopter trip from Melbourne to Geelong to attend a Liberal Party fundraiser, but has stopped short of saying Bishop broke the rules.

Bishop has defended her actions, telling reporters on Saturday that:

The fact of the matter is it was done within entitlement but, as I said, the amount of money was clearly far too large and that’s why I’m paying it.

On Monday, Bishop’s chief of staff, Damien Jones, told The Conversation that:

The Department of Finance has commenced a review into the charter undertaken on 5 November 2015. The Speaker has subsequently asked the Department to review all presiding officer charter she has undertaken. It is inappropriate for the Speaker to continue to offer commentary whilst this process is now underway.

No explicit prohibition, but meaning of rules is clear

I was a member of the Review of Parliamentary Entitlements Committee in 2009-10.

The question in this case is whether Bishop can justify attending the party fundraiser primarily for official business as Speaker.

There are rules about travel entitlements such as direct travel costs and overnight allowances. They are set out in Remuneration Tribunal Determination 2014/16: Members of Parliament – Travelling Allowance, August 2014.

As the Speaker is an “office holder”, it is worth examining the rules for ministers and office holders. They are similar to the rules for ordinary MPs. Section 3.8 of the Remuneration Tribunal determination of August 2014 reads as follows:

Travelling allowance shall be payable to a Minister (other than the Prime Minister) or an office holder for each overnight stay in a place other than his or her home base when that stay is occasioned primarily by:

a) sittings of the House of Parliament or direct travel to or from such sittings; or

b) official business as a Minister or as an office holder; or

c) meetings of, or the formal business of, parliamentary committees of which he or she is a member or direct travel to or from such meetings; or

d) meetings in Canberra of his or her parliamentary political party, of its executive or of its committees (see clause 1.6.2) or direct travel to or from such meetings; or

e) meetings of his or her parliamentary political party executive (see clause 1.6.2) outside Canberra or direct travel to or from such meetings; or

f) meetings, other than in Canberra, of a parliamentary political party, or of its executive, or of its committees, and attendance at the national and state conferences of a political party, to which he or she belongs (see clause 1.6.2), and meetings outside the electorate on electorate business up to a maximum of ten overnight stays per annum in total, and direct travel to or from such meetings or conferences.

There is no explicit statement that attendance at party events, party fundraisers and so on is prohibited.

However, it is clear from the way in which the rules are spelled out that the travel entitlements do not cover attendance at party events, other than those specified above. It is especially obvious that attendance at a party fundraising event is not covered.

‘Official business’

There is, however, a criterion that states that if a minister or an office holder attends primarily on official business as an office holder, there is a travel entitlement.

Could it be said that this rule might cover attendance by the Speaker at a party function?

There are some non-party functions where travel entitlements might apply: attendance at a university, say, to give a talk about the Speaker’s role in a seminar on this topic might well be covered as official business of the Speaker.

However, to claim that attendance at a party function is occasioned primarily by official business as Speaker raises many questions.

By way of analogy, if a minister claims entitlement for attendance at a party event because they were attending primarily on official business as a minister, this would seem not easily allowable.

Also, if the party event were principally a fundraiser and the Speaker claimed to have attended on the basis that the visit is “occasioned primarily by … official business as an office holder”, there would be a considerable onus on the Speaker to produce information that demonstrates that this criterion was satisfied notwithstanding that the event was a fundraiser. What official business would take the Speaker to an event that was a party fundraiser?

Turning to the Geelong function, it seems clear that if the Speaker attends what is purely a party function such as a fundraiser simply as a member of her party, then the travel allowance does not apply.

On the other hand, if the Speaker is invited to a function in her official capacity, then more information is required. Was the Speaker invited in her capacity as Speaker? Did she give a speech about the role of the Speaker? Even then, was it official business?

Another interesting question is whether the Speaker thought subjectively that she had been invited as Speaker on official business for the event rather than as a member of the Liberal Party. The test would, however, seem to be objective.

Some comparisons have been made with the case of former speaker Peter Slipper, accused of misusing taxpayer-funded taxi vouchers. To my mind, however, that was a different type of case. There were allegations of deceit and dishonesty and it seems appropriate that such claims are referred to the police (as it happened, Slipper was ultimately found not guilty of any of these allegations).

The case concerning the present Speaker on the surface appears different.

Judgement needed

The umpire in a disputed case like this appears to be the finance minister (and ultimately the prime minister). Finance officials look at claims and if there are problems they are typically referred back to the member of Parliament, and then the finance minister.

The Review of Parliamentary Entitlements Committee on which I sat briefly considered whether that rule should be spelled out in more detail but in that, as in several other matters, the committee concluded that there were boundary issues that made precise definition somewhat problematic.

For example, it generally felt that if a member of a party attended a parliamentary function by car and then subsequently used the car to go on to a nearby party event, then that kind of incidental expenditure was not a problem under the criteria.

The committee’s belief was that it was difficult to fashion a precise rule to cover all these situations and, in the end, judgement is required on these matters.

What’s important is that MPs are made to be as transparent as possible by posting details of their expenditure on their entitlements on the website of each MP but this has not been widely adopted. Some information is available on the Department of Finance website. Transparency will make MPs quite careful about the expenses they claim and the public will be as well informed as possible.

Allan Fels does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond the academic appointment above.

Authors: The Conversation

Read more http://theconversation.com/bishop-case-rests-on-whether-fundraiser-was-speakers-official-business-44919

Business News

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand mana...

Daily Bulletin - avatar Daily Bulletin

High-Impact Dental Marketing Strategies That Are Driving Real Practice Growth Today

The landscape of dental practice growth in Australia has shifted dramatically over recent years. Standard, broad-spectrum advertising campaigns no longer yield the return on investment they once did. ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...