Part D - Electorate Office and Communications Budget

8. Provision of the EO&C Budget

8.1 In accordance with section 7F of the PSAS Act, a Member is provided an EO&C Budget to:

8.1.a fund the operating costs and maintenance of their electorate office; and

8.1.b communicate with their electorate in relation to the performance of their public duties.

8.2 The EO&C Budget must not be used for a Member’s travel costs or transport costs.

8.3 The EO&C Budget must not be used for the payment of toll costs, penalties or fines.

8.4 The EO&C Budget must not be used for the engagement of consultants,
on-hire labour, researchers, facilitators, accountants or the provision of related services, except as permitted under guideline 11 or 12.

8.5 Subject to sub-guidelines (6) and (7), a Member must ensure that the total amount claimed under the EO&C Budget each financial year does not exceed the amount set in the Determination.

Note: For the purposes of sub-guideline (5) in an election year, Members must ensure that the total amount claimed under the EO&C Budget does not exceed the EO&C Budget allocated under clause 14.2 of the Determination (including any carry over) during either of the following periods:

- from 1 July to 30 November of the financial year, and
- from 1 December to 30 June of the financial year.

That is, a Member must not incur costs in excess of available funds for the 1 July to 30 November period and then claim those excess costs against the EO&C Budget provided for the 1 December to 30 June period under clause 14.2(b).

8.6 A Member may carry over up to 50 per cent of their EO&C Budget allocation for a financial year (excluding any carry over from the previous financial year) to the next financial year, subject to the availability of funds and the approval of the Treasurer of Victoria.

8.7 Following the declaration of the poll for the electorate, a Member may carry over any unspent remainder of:

8.7.a their EO&C Budget allocation for the period from 1 July to 30 November of a financial year in which a general election is held (calculated in accordance with clause 14.2 of the Determination)

8.7.b funds they carried over from the previous financial year in accordance with sub-guideline (6).

9. Prohibitions on party political activity

9.1 Communication materials in respect of a claim under the EO&C Budget must not:

9.1.a be used to solicit a vote;

9.1.b direct how a person should vote at an election by promoting or opposing—

9.1.b.i the election of any candidate at an election; or

9.1.b.ii a registered political party; or

9.1.b.iii a Member;

9.1.c provide instructions on how to complete a ballot paper;

9.1.d be used for activities associated with pre-selection;

9.1.e survey for voting intention, preferred leader or preferred political party;

9.1.f communicate derogatory information about a Member, a candidate at an election, or a political party;

Note: This guideline does not prohibit Members from communicating factual material or providing commentary on the legislative or policy positions of another Member, a candidate at an election, or a political party.

9.1.g be used for activities associated with drafting members to a political party, including by containing or promoting applications for or renewals of membership in a political party;

9.1.h be used for administrative activities to support or grow a political party;

9.1.i request donations;

9.1.j advertise an external link to materials that do not comply with these Guidelines and terms and conditions imposed by the relevant Officer.

9.2 The EO&C Budget must not be used for the following in relation to an election:

9.2.a the broadcasting of an advertisement relating to the election;

Note: This includes broadcasting through any medium, including social media advertisements.

9.2.b the publishing in a journal of an advertisement relating to the election;

9.2.c the display at a theatre or other place of entertainment, of an advertisement relating to the election;

9.2.d the production of an advertisement relating to the election, being an advertisement that is broadcast, published or displayed as mentioned in sub-guideline (a), (b) or (c);

9.2.e the production of any material in relation to the election (not being material referred to in sub-guideline (a), (b) or (c)) that is required under section 83 of the Electoral Act 2002 (Vic) to include the name and address of the author of the material or of the person authorising the material;

9.2.f fees or salaries paid to consultants or advertising agents for:

9.2.f.i services provided in relation to the election; or

9.2.f.ii material relating to the election; or

9.2.f.iii the carrying out of an opinion poll, or other research, relating to the election.

Note: This guideline 9(2) is based on the definition of “electoral expenditure” in the Electoral Act 2002 (Vic) which is expenditure that a Member may receive public funding for under that Act.

9.3 Subject to any terms and conditions made by the relevant Officer, a Member must not make a claim under the EO&C Budget for any costs incurred and/or activity undertaken (including but not limited to claims for advertising, communication, postage, distribution or printing expenditure) to communicate:

9.3.a during the period between the issuing of the writs for a general election and the declaration of the poll for the electorate; or

9.3.b within an electorate for which a by-election is being held.

9.4 A Member must not use their electorate office as an election campaign office.

10. Prohibition on commercial or personal benefits

10.1 EO&C Budget must not be used:

10.1.a for the dominant purpose of:

10.1.a.i providing a personal benefit to the Member or another person or body; or

10.1.a.ii pursuing a commercial purpose of the Member or another person or body;

10.a.b to produce an advertisement pursuing a commercial purpose of the Member or another person or body.

10.2 In this guideline, commercial purpose means a purpose relating to the derivation of financial gain or reward.

11. Operating and maintenance costs that may be claimed

Permitted costs

11.1 Provided the overarching obligations and other prohibitions are complied with, the operating and maintenance costs of a Member’s electorate office that the EO&C Budget may be used for include:

11.1.a electorate officer expenses and associated on-costs, such as:

11.1.a.i additional electorate officer salary;

11.1.a.ii reasonable out of pocket expenses for electorate officers as listed in the Electorate Officers’ (Victoria) Single Enterprise Agreement 2017 or its successor including:

11.1.a.ii.A travelling, accommodation, meals and other incidental expenses associated with an overnight absence from home or part day duties away from the normal work location; and

11.1.a.ii.B other expenses necessarily incurred in the course of the electorate officer’s employment and authorised by the Member as incidental expenses necessarily incurred;

11.1.a.iii recruitment expenses (for example, job advertisements);

11.1.b subject to any terms and conditions made by the relevant Officer, uniforms to be worn by:

11.1.b.i electorate officers solely while performing their duties;

11.1.b.ii volunteers solely while supporting an MP with their public duties;

Note: Section 30 of the Parliamentary Administration Act 2005 (Vic) limits the activities that an electorate officer may undertake as part of their role.

11.1.c computer software and other information technology systems, provided that:

11.1.c.i any purchase of software or cloud-based services to be used with equipment provided by the Parliament, or to be used on the Parliamentary network, must not be purchased unless they are approved by the Department of Parliamentary Services as being compatible with the relevant equipment and/or systems;

11.1.c.ii there is no obligation for the Department of Parliamentary Services to provide support to the Member to install, maintain or use the software package or system, and if any support is provided it will be at the discretion of the Department;

11.1.c.iii in relation to constituent relationship management software, any terms and conditions imposed by the relevant Officer about the type of product or the provider of the software are complied with;

11.1.d purchase and maintenance of additional miscellaneous equipment that is not included as part of the standard electorate office fit out, such as:

11.1.d.i additional furniture;

11.1.d.ii additional telecommunication or information technology devices, including mobile devices;

11.1.d.iii additional keys and re-keying costs for lost keys;

11.1.d.iv the following flags and installation costs: Australian national flag; Aboriginal flag; Torres Strait Islander flag; or the Victorian state flag;

11.1.d.v additional signage for the electorate office;

Note: The “standard electorate office fit out” means the list of equipment specified by the relevant Officer from time to time and paid for by the Parliament.

11.1.e cleaning of, and cleaning supplies for, the electorate office;

11.1.f cleaning of Member motor vehicles that have been supplied by Parliament;

11.1.g Parliamentary printing not otherwise provided by the Parliament (for example, statutory materials, Hansard, Government Gazette);

11.1.h photocopier and computer printer consumables;

11.1.i photocopier click charges for the electorate office printer and multi-function devices and the Member’s Parliament House office;

11.1.j telecommunications and related data charges;

11.1.k general stationery, including personalised letterhead, newspapers and magazines of a relevant business-related nature;

11.1.l security costs, including monitoring and alarm response call-out costs;

11.1.m insurance premiums for contents of the electorate office;

11.1.n freedom of information requests lodged by a Member in order to assist or resolve an issue for a constituent in the Member’s electorate or to assist in providing information on an issue that directly impacts their constituency;

11.1.o where the Parliamentary training budget is not otherwise available, training expenses for the Member or electorate officer (excluding accommodation, food and drink purchased while attending the training);

11.1.p expenses relating to participation in the Parliamentary Internship Program;

11.1.q the reasonable out of pocket expenses of a secondary or tertiary student engaged on work experience, provided the expenses do not exceed $35 per day;

Note: The amount is considered a contribution toward reasonable out of pocket expenses and is not to be considered wages or salary.

11.1.r subject to any terms and conditions made by the relevant Officer, additional parking and any associated tax liabilities;

11.1.s subject to any terms and conditions made by the relevant Officer, storage lockers or facilities.

Prohibited costs

11.2 Operating and maintenance costs that the EO&C Budget must not be used for are:

11.2.a purchase of food or drink items (other than costs permitted under guideline 11(1)(a) or (o));

11.2.b taxi or cab charges or similar services (other than costs permitted under guideline 11(1)(a));

Note: A similar service refers to taxi-like services such as ride sharing, Uber or similar transportation services.

11.2.c costs for equipment that is located outside the electorate office, except for:

11.2.c.i mobile technology devices purchased through and with the approval of the Department of Parliamentary Services (for example: laptop computer; mobile telephone; tablet);

11.2.c.ii a maximum of two computer monitors;

11.2.c.iii one chair;

11.2.c.iv equipment that is temporarily located to support work arrangements in response to exceptional circumstances in accordance with the relevant Officer’s terms and conditions. Upon cessation of the exceptional circumstance, the equipment must be returned to the electorate office;

Note: This guideline supports the purpose of the EO&C Budget to fund a physical electorate office, while also balancing the flexible work needs of Members.

11.2.d items of a capital nature, other than in accordance with terms and conditions imposed by the relevant Officer.

12. Communication costs that may be claimed

Permitted costs

12.1 Provided the overarching obligations and other prohibitions are complied with, the communication costs that the EO&C Budget may be used for include:

12.1.a printed and electronic materials;

12.1.b advertisements, such as newspaper, billboard, cinema, radio, television, and social media;

Example: A Member may include an advertisement in a publication owned by another entity (for example, in the local community newsletter) or at a venue owned by another entity (for example, a sign at the local sports club).

12.1.c venue hire costs within the Member’s electorate;

12.1.d Member’s official website, provided that:

12.1.d.i the website is externally hosted;

12.1.d.ii copyright materials received from the Parliamentary Library under section 48A of the Copyright Act 1968 (Cth) are not
re-published on the website;

12.1.e other website domain registration related to the Member’s official website (sometimes known as ‘ghost domains’), for the purpose of protecting the integrity of the Member’s official website, provided that:

12.1.e.i the other website domains redirect the user to the Member’s official website; and

12.1.e.ii the other website domains do not relate to another Member.

12.1.f specialist service providers to assist with the publication and transmission of allowable communications, provided that the service provider is not engaged to assist with:

12.1.f.i content development, except where it relates to the design or visual presentation of the publication that does not involve developing the substance of the message;

12.1.f.ii marketing services more broadly.

Example: Permitted specialist services would include website design, graphic design or advertisement production.

12.1.g promotional items;

Example: Promotional items include bags, clothing, calendars or fridge magnets.

Note: A Member must ensure that promotional items comply with the overarching obligations of being for the dominant purpose of performing public duties and providing value for money.

12.1.h telephone directory listings.

Prohibited costs

12.2 The EO&C Budget must not be used for communication materials that imply parliamentary support or endorsement of commercial organisations or other bodies.

Note: If a Member refers to an organisation or other body in a communication material, the presumption is that any support or endorsement that might be inferred is from the Member in their individual capacity, not the Parliament as a whole, unless it is clear that the Member seeks to imply the support or endorsement of the Parliament.

Note: If a Member publishes a communication within a publication owned by another entity (for example, in a newsletter published by a community group), or distributes material at a venue owned by another entity, this will not on its own imply parliamentary support or endorsement for that other entity.

Note: For the avoidance of doubt, the Parliament of Victoria Crest must not be included in communication materials that support or endorse a commercial organisation or other body.

13. Authorship and identification requirements for communication materials

13.1 All communication materials claimed under the EO&C Budget must include:

13.1.a the name of the Member as the author of the material; and

13.1.b at least one form of contact detail for the Member, such as a phone number, electorate office address, email address, official website address or social media account; and

13.1.c subject to any terms and conditions made by the relevant Officer, the name of the electorate that the Member represents.

Note: There may be some communication materials, such as pens and other promotional items, that have extremely limited space. It may be appropriate for the relevant Officer to make terms and conditions that enable the abbreviation of electorate names or to waive this requirement where it is not reasonably practicable for the communication materials.

13.2 A Member should provide full contact details in communication materials to the extent reasonably practicable.

Example: Printed communication materials may provide enough space for multiple types of contact details, which a Member should aim to include. However, it may only be practicable to include one type of contact detail on smaller promotional items or electronic messages, and a Member may determine which detail should be included (for example, an SMS message might include a telephone number or a social media message might include an email address, website address or social media handle).

13.3 A Member may include the name or logo of their political party in communication materials in whatever manner the Member wishes to refer to their political party.

Example: A Member may refer to their political party using abbreviations or short hand references, joint party references, or in any other way that the party is described.

Note: Use of the party name or logo must comply with the prohibitions on party political activity in guideline 9. A Member must also be aware of, and comply with, guidelines on the use of the parliamentary crest published by the Parliament, and any terms and conditions made by the relevant Officers.

13.4 A Member may refer to a political party other than their own in communication materials by:

13.4.a using the political party’s registered name or abbreviation; or

13.4.b referring to the political party in the same way that the political party has referred to itself in material published or authored by that political party.

13.5 If the EO&C Budget is used for a digital platform (including a social media platform) or a website, the Member is responsible to the extent possible for any content on that digital platform or website, including third party content.

Note: This guideline does not prevent a Member from engaging with third parties using a digital platform, but the Member must, to the extent possible, be responsible and accountable for the material that is publicly available.

14. Joint communication

14.1 A Member may only join with another Member or Members of the Victorian Parliament to author joint communication materials.

Note: In accordance with the overarching obligations under the PSAS Act, a communication by a Member must be for the dominant purpose of performing their public duties.

Note: This guideline does not prevent a Member from placing a communication or advertisement within a publication owned by another entity (for example, the local community newsletter) or at a venue owned by another entity (for example, the local sports club), provided that the Member is identified as the author of their material.

14.2 All Members who have authored a joint communication must satisfy the authorship and identification requirements under guideline 13.

14.3 Subject to any terms and conditions made by the relevant Officer, the costs of communication materials jointly authored must be claimed by the Members:

14.3.a in equal shares; or

14.3.b on a pro-rata basis for the proportion distributed in each Members’ electorate.

15. Communication with the electorate

15.1 In accordance with section 7F(2) of the PSAS Act, the EO&C Budget is available to a Member to communicate with their electorate in relation to the performance of their public duties.

Note: Part C of these Guidelines explains that a Member’s public duties include committee business, electorate business and parliamentary business. Electorate business includes providing advice or information to constituents about matters of importance or interest to constituents, including matters that do not relate exclusively to constituents, such as matters of state importance. Subject to overarching obligations and other prohibitions in these Guidelines, a Member may use the EO&C Budget to communicate with their constituents on any matter that the Member reasonably believes is of importance or interest to their constituents.

15.2 For the avoidance of doubt, a Member’s electorate is defined by the electoral boundary set by the Electoral Boundaries Commission in effect at the time the Member distributes the communication material.

15.3 A Member may communicate outside of the geographic boundaries of their electorate, provided that the dominant purpose is to communicate with their constituents.

Example: A Member may demonstrate a dominant purpose where they:

- distribute communication materials or host a stall at a regional fair in another electorate where they reasonably believe that their constituents will be attending
- communicate using a sign or billboard located outside their electorate that they reasonably believe their constituents will view.

16. Supporting the electorate

16.1 Subject to the prohibition on commercial or personal benefits in guideline 10, and provided the overarching obligations are met, a Member may allow community groups or a constituent to use their electorate office (including equipment in the electorate office) for non-commercial purposes.

Note: A community group does not include a local branch of a political party.

Example: A Member may allow a community group to make small amounts of photocopying or use a room within the office.

16.2 Use of the electorate office under sub-guideline (1):

16.2.a is at the discretion of the Member; and

16.2.b must be appropriately supervised to ensure the proper use of electorate office resources and to ensure the health and safety of any person using the office.

17. Power for the relevant Officer to automatically deduct costs

17.1 Where costs for the following are paid by the Parliament on behalf of a Member, or are incurred in a central or shared account held by the Parliament on behalf of Members, the relevant Officer has the power to automatically deduct the cost from the Member’s EO&C Budget:

17.1.a use or maintenance costs related to additional miscellaneous equipment under guideline 11(1)(d) that is not included as part of the standard electorate office fit out;

17.1.b Australia Post charges;

17.1.c photocopier copy/print charges;

17.1.d printer per page (click) print charges;

17.1.e folding machine charges;

17.1.f any fringe benefits tax incurred by the Parliament due to a Member’s use of the EO&C Budget;

17.1.g motor vehicle insurance excess;

17.1.h salary and associated on-costs for Electorate Officers incurred under guideline 11(1)(a);

17.1.i telecommunications charges.

17.2It is intended that the maintenance of any equipment included as part of the standard electorate office fit out, and any standard maintenance costs ordinarily incurred to operate an electorate office, will be paid by the Parliament rather than using the EO&C Budget.

Note: This will ensure equity among Members, acknowledging that each electorate office is different, despite conforming to a standard fit out.