City of Adelaide (Members Allowances and Benefits) Regulations 2010 (SA)

South Australia

City of Adelaide (Members Allowances and Benefits) Regulations 2010

under the City of Adelaide Act 1998

1Short title

These regulations may be cited as the City of Adelaide (Members Allowances and Benefits) Regulations 2010.

3Interpretation

In these regulations—

Act means the City of Adelaide Act 1998;

eligible journey means a journey (in either direction) between the principal place of residence, or a place of work, of a member of the Council, and the place of a prescribed meeting;

prescribed meeting, in relation to a member of a council, means a meeting of the Council or a Council committee, or an informal gathering, discussion, workshop, briefing, training course or similar activity which is directly or closely related to the performance or discharge of the roles or duties of the member.

4Allowances

1. (1)

   For the purposes of section 24 of the Act, an allowance may be paid in instalments up to 3 months in advance or 3 months in arrears of each month in respect of which an instalment is payable.

5Reimbursement of expenses – section 25(1)(a)

1. (1)

   Subject to this regulation, for the purposes of section 25(1)(a) of the Act, the following kinds of expenses are prescribed:

   1. (a)

      travelling expenses actually and necessarily incurred by the member in travelling to or from a prescribed meeting if—

      1. (i)

         the journey is an eligible journey; and

      2. (ii)

         the journey is by the shortest or most practicable route;

   2. (b)

      expenses for the care of—

      1. (i)

         a child of the member; or

      2. (ii)

         a dependant of the member requiring full‑time care,

   actually and necessarily incurred by the member as a consequence of the member's attendance at a prescribed meeting.

2. (2)

   However—

   1. (a)

      in relation to the operation of subregulation (1)(a)—

      1. (i)

         if an eligible journey relates to travel between a place within the area of the Council and a place outside the area of the Council (in either direction), the member is only entitled to be reimbursed in respect of expenses that can be attributed to travel within the area of the Council; and

      2. (ii)

         the rate of reimbursement for motor vehicle costs will be at a rate equal to the appropriate rate per kilometre (determined according to the engine capacity of the vehicle) prescribed for the purposes of calculating deductions for car expenses under section 28.25 of the Income Tax Assessment Act 1997 of the Commonwealth;

   2. (b)

      in relation to the operation of subregulation (1)(b)—a member of the Council is not entitled to be reimbursed if the care is provided by a person who ordinarily resides with the member.

3. (3)

   The Council may aggregate claims for reimbursement of expenses under subregulation (1)(a) and then pay them on either a quarterly or monthly basis.

6Expenses requiring Council approval – section 25(1)(b)

For the purposes of section 25(1)(b) of the Act, the following kinds of expenses are prescribed:

1. (a)

   expenses incurred in the use of a telephone, fax or other telecommunications device, or in the use of a form of electronic communication, on the business of the Council;

2. (b)

   travelling expenses incurred by the member as a consequence of the member's attendance at a function or activity on the business of the Council (other than for which the member is reimbursed under section 25(1)(a) of the Act);

3. (c)

   travelling expenses incurred by the member in undertaking an eligible journey to the extent that those expenses are attributable to travel outside the area of the Council;

4. (d)

   expenses for the care of—

   1. (i)

      a child of the member; or

   2. (ii)

      a dependant of the member requiring full‑time care,

incurred by the member as a consequence of the member's attendance at a function or activity on the business of the Council (other than for which the member is reimbursed under section 25(1)(a) of the Act);

1. (e)

   expenses incurred by the member as a consequence of the member's attendance at a conference, seminar, training course or other similar activity which is directly or closely related to the performance or discharge of the roles or duties of a member of a Council.

7Register of allowances and benefits

1. (1)

   The chief executive officer of the Council must ensure that the Register of Allowances and Benefits includes—

   1. (a)

      details of any expenses reimbursed by the Council under section 25(1)(b) of the Act; and

   2. (b)

      a record of the provision of reimbursement (other than a reimbursement under section 25(1)(a) of the Act) or benefit not previously recorded in the Register1.

2. (2)

   The principles that apply under subsections (1) and (2) of section 79 of the Local Government Act 1999 extend to details or records relating to expenses reimbursed under section 25(1)(b) of the Act.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations

  The City of Adelaide (Members Allowances and Benefits) Regulations 2010 revoked the following:

  City of Adelaide (Members Allowances and Benefits) Regulations 1998

  Principal regulations and variations

  New entries appear in bold.

  Year	No	Reference	Commencement
  2010	223	Gazette 11.11.2010 p5321	15.11.2010: r 2
  2021	137	Gazette 16.9.2021 p3555	20.9.2021: r 2

  Provisions varied

  New entries appear in bold.

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 2	omitted under Legislation Revision and Publication Act 2002	20.9.2021
  r 4
  r 4(2)	deleted by 137/2021 r 4	20.9.2021
  Sch 1	omitted under Legislation Revision and Publication Act 2002	20.9.2021