Legal assistance to Ministers
The Office of Legal Services Coordination (OLSC) advises the Attorney-General about Ministers’ applications for financial assistance under the Parliamentary Entitlements Regulations 1997 (PE Regulations).
Applying for assistance under the Parliamentary Entitlements Regulations 1997
Introduction
Current and former Ministers and Parliamentary Secretaries can apply for financial assistance under the PE Regulations for legal proceedings arising out of the discharge of their duties. Departments assisting Ministers or Parliamentary Secretaries in applying for assistance under the PE Regulations should read the following guidelines and contact OLSC on (02) 6250 6631 or (02) 6250 6611 (or by email to olsc@ag.gov.au) to discuss how best to proceed.
Applying for assistance
Applicants should apply to the Attorney-General in writing and address the following points.
a) Eligibility for assistance
- Ministers and Parliamentary Secretaries may apply for assistance
- persons who were Ministers and Parliamentary Secretaries when the alleged conduct gave rise to the proceedings may also apply for assistance
Other Members of Parliament do not have access to this scheme
b) Relationship between proceedings and Ministerial duties
- proceedings must relate to the applicant’s portfolio responsibilities
- applicants will need to explain how the proceedings relate to their portfolio responsibilities
c) The proceedings for which assistance is sought
- The proceedings must be one of the following types:
- claims for damages or compensation
- criminal prosecutions (or threatened criminal prosecutions)
- other proceedings before a court or tribunal which may award damages or compensation (or a threat to commence such proceedings)
- inquiries involving the applicant or his or her conduct (but not a challenge to the validity or conduct of the inquiry), or
- claims that the applicant has a legal liability and should take some resulting action
d) Other information to be included in the application
- Provide background details including parties’ names and relevant facts
e) Matters for the Attorney-General’s consideration
- where the proceedings involve an inquiry into the applicant or his or her conduct, the applicant must satisfy the Attorney-General:
- that the inquiry relates to the performance of the applicant’s Ministerial duties, and
- that it is appropriate to give assistance (including whether the applicant acted reasonably and responsibly)
- in all cases, the applicant must satisfy the Attorney-General that:
- that the proceedings relate to actual or alleged performance or non-performance of Ministerial duties and that the applicant has acted reasonably and responsibly in relation to the matters that gave rise to the proceedings, or
- the proceedings only arose because the applicant is or was the holder of the office of Minister.
f) Whether the applicant acted reasonably and responsibly
- unless the proceedings only arose because the applicant is or was the holder of the office of Minister, the Attorney-General must be satisfied that the Minister applying for assistance has acted reasonably and responsibly
- applicants should provide as much information as is necessary in the circumstances
g) Attach copies of letters of demand or court documents with the application
Approving Ministers and consultation Ministers
The Attorney-General will usually be the Approving Minister under the PE Regulations. If not, the Attorney-General will forward the application to the Approving Minister.
The Approving Minister must consult the Prime Minister and the Minister for Finance and Administration or, in certain cases, other Ministers. In addition, the Attorney-General must table details of approved applications in Parliament.
Inquiries
Questions about assistance under the PE Regulations should be directed to the Office of Legal Services Coordination on (02) 6250 6631 or (02) 6250 6611.