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House of Representatives                                Ch 2                                                 p 69

Parliamentary Secretaries

In May 1990 the Government announced its intention of reinstituting, on a systematic basis, the institution of Parliamentary Secretaries, and of giving them responsibilities earlier assigned to Assistant Ministers. In cont rast to previous practice, the new Parliamentary Secretaries were to have ministerial responsibilities in the Chamber. To give authority to this innovation, the House resolved ‘That, for the purposes of the procedures of the House, any reference to Ministers shall be taken to include Parliamentary Secretaries, with the following exceptions: (a) presentation and motion for second reading of government bills; and (b) questions seeking information (chapter XI of the standing orders)’. ¹ The resolution was amended the following year to remove the qualification relating to bills, ² leaving Parliamentary Secretaries with the ability to take the role of Ministers in the Chamber in all respects (other than that of being able to answer questions on portfolio matters), including being in charge of the business of the House.

In 1992 the Speaker issued guidelines on the role of Parliamentary Secretaries in relation to the procedures of the House and its committees. ³ The guidelines may be summarised by saying that Parliamentary Secretaries may substitute for Ministers in the Chamber in all respects (apart from answering questions), and are subject to the same constraints—for example, Parliamentary Secretaries may not ask questions and are prevented from participating in Private Members’ business ⁴ and Members’ statements. (Like Ministers technically they may participate in the grievance debate, and since 1999 the standing order relating to Members’ 3 minute statements in the Main Committee has specifically provided for the participation of Parliamentary Secretaries. ⁵ ) In relation to committees the guidelines state that, as a general rule, Parliamentary Secretaries should not be members of a committee of inquiry, but recognise that there may be occasions when special reasons make a strong case for them to serve.

Since 1990 Parliamentary Secretaries have performed many of the Chamber duties of Ministers, including the introduction of bills and the delivery of second reading speeches. The amount of time Ministers need to spend in the Chamber has been considerably reduced. This development has not been without its critics.

Parliamentary Secretaries sit in the row of seats immediately behind the ministerial front bench. They address the House from the despatch box when in charge of the business before the House on behalf of a Minister, and from their places at other times.

Four Parliamentary Secretaries were appointed in 1990. Their number has increased steadily. At the start of the 39th Parliament in November 1998 there were 12 Parliamentary Secretaries. In contrast to previous practice, since 1990 Parliamentary Secretaries have been members of the Executive Council. A Parliamentary Secretary may be appointed to assist more than one Minister.

In earlier years Parliamentary Under-Secretaries and Parliamentary Secretaries (the latter term becoming preferred) were on occasions appointed to assist Ministers in the performance of their duties, but their function was never well established. ⁶ They were not paid a salary for the duties they performed ⁷ but did receive an allowance to reimburse them for expenses incurred. ⁸ They did not have a ‘ministerial’ role in Chamber proceedings and did not answer questions in the House. ⁹

The Parliamentary Secretaries Act 1980 provided, for the first time, a clear authority for appointment, by the Prime Minister, of Members or Senators to become Parliamentary Secretaries to Ministers. ¹⁰ As was the case with Assistant Ministers only strictly limited payments could then be made to Parliamentary Secretaries because of the constitutional limitations relating to offices of profit under the Crown.

These restrictions were circumvented when the Ministers of State Act 1952 was amended in 2000 to increase the number of Ministers appointed to administer a department of State by 12 additional positions, to be designated by the Governor-General as Parliamentary Secretary. ¹¹ Although Parliamentary Secretaries were now technically ‘Ministers of State’ for constitutional purposes, their functions of assisting Ministers inside and outside the House were not changed.

H.R. Deb. (9.5.90) 154.

H.R. Deb. (16.10.91) 2045. The resolution was later repassed with continuing effect, VP 1993-95/25.

H.R. Deb. (26.3.92) 1247.

The restriction is interpreted as relating to sponsorship of Private Members’ business. Parliamentary Secretaries and Ministers are not prevented from taking part in debate on a private Members’ motion or bill.

S.O. 193, H.R. Deb. (31.3.99) 4898.

For a summary of earlier precedents see pp. 108-9 of the second edition.

As a recognition of their duties the Nicholas Committee on the salaries and allowances of Members of Parliament recommended ‘Subject to the proper interpretation of Section 44 of the Constitution’ that an under-secretary or an assistant minister be paid an additional salary of £500 per annum. ‘Salaries and Allowances of Members of the National Parliament’, Report of Committee of Enquiry , 1952, p. 19 (not made a Parliamentary Paper).

H.R. Deb. (27.8.52) 619. Outside Australia on ministerial business all expenses were an official charge, H.R. Deb. (26-27.10.61) 2647.

But see H.R. Deb. (12.7.22) 324; H.R. Deb. (5.12.34) 786; H.R. Deb. (29.11.34) 650.

Parliamentary Secretaries Act 1980 .

Ministers of State and Other Legislation Amendment Act 2000 . The Act repealed the Parliamentary Secretaries Act. The validity of these appointments was upheld by the High Court in Re Patterson Ex Parte Taylor [2001] HCA 51 (2001); 182 ALR 657.