Parliamentary Salaries, Allowances and Superannuation Amendment Regulations 2019 (Vic)
Parliamentary Salaries, Allowances and Superannuation Amendment Regulations 2019
S.R. No. 94/2019
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Amendment of regulation 1—Objective
6Amendment of regulation 5—Definitions
7Consequential amendments and repeal of Schedules
8New regulation 15A inserted—Claims for the travel allowance, commercial transport allowance and international travel allowance
9New Part 3 inserted
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Endnotes
STATUTORY RULES 2019
S.R. No. 94/2019
Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Salaries, Allowances and Superannuation Amendment Regulations 2019
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 8 October 2019
Responsible Minister:
GAVIN JENNINGS
Special Minister of StatePIETA TAVROU
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Parliamentary Salaries, Allowances and Superannuation Regulations 2019 to provide for—
(a)the details that must be published in respect of claims for work-related parliamentary allowances and the Budget, and the expense allowance, the electorate allowance and the motor vehicle allowance; and
(b)the information to be included in the annual report of the Parliament in relation to the allowances and the Budget payable to Members; and
(c)other matters authorised by the Parliamentary Salaries, Allowances and Superannuation Act 1968 to be prescribed by regulations.
2Authorising provision
These Regulations are made under section 9K of the Parliamentary Salaries, Allowances and Superannuation Act 1968.
3Commencement
These Regulations come into operation on 9 October 2019.
4Principal Regulations
In these Regulations, the Parliamentary Salaries, Allowances and Superannuation Regulations 2019[1] are called the Principal Regulations.
5Amendment of regulation 1—Objective
After regulation 1(c) of the Principal Regulations insert—
"(ca)details that must be published in respect of claims for work-related parliamentary allowances and the Budget, and the expense allowance, the electorate allowance and the motor vehicle allowance; and
(cb)information to be included in the annual report of the Parliament in relation to the allowances and the Budget payable to members; and".
6Amendment of regulation 5—Definitions
(1)In regulation 5 of the Principal Regulations insert the following definitions—
"annual report of the Parliament means the annual report published by the Department of Parliamentary Services;
commercial transport allowance means the allowance set out in regulation 11;
international travel allowance means the allowance set out in regulation 12;
international travel report has the meaning set out in regulation 15A(3)(a);
relevant quarter means the relevant period of three months ending 31 March, 30 June, 30 September and 31 December;
travel allowance means the allowance set out in regulation 10.".
(2)In regulation 5 of the Principal Regulations, in the definition of the Act, for "1968." substitute "1968;".
7Consequential amendments and repeal of Schedules
(1)In regulation 9 of the Principal Regulations omit "for an electorate listed in Schedule 1".
(2)In regulation 11(2) of the Principal Regulations omit "for an electorate listed in Schedule 2 or 3".
(3)Schedules 1 to 3 to the Principal Regulations are repealed.
8New regulation 15A inserted—Claims for the travel allowance, commercial transport allowance and international travel allowance
After regulation 15 of the Principal Regulations insert—
"15A Claims for the travel allowance, commercial transport allowance and international travel allowance
(1)For the purposes of section 9E(2)(a) of the Act, the prescribed supporting documentation in respect of a claim for the travel allowance includes the following—
(a)the dates in respect of which the allowance is claimed;
(b)the reason for the travel;
(c)if there was accommodation used in respect of the claim—
(i)the town, city or suburb in which the accommodation was located; and
(ii)the value of the accommodation;
(d)a tax invoice or receipt showing the costs actually incurred.
(2)For the purposes of section 9E(2)(a) of the Act, the prescribed supporting documentation in respect of a claim for the commercial transport allowance includes the following—
(a)the dates in respect of which the allowance is claimed;
(b)the reason for the travel;
(c)the mode of transport;
(d)the value of the transport;
(e)a tax invoice or receipt showing the costs actually incurred.
(3)For the purposes of section 9E(2)(a) of the Act, the prescribed supporting documentation in respect of a claim for the international travel allowance includes the following—
(a)an international travel report in the form specified by the relevant Officer and which includes the following—
(i)the dates in respect of which the allowance is claimed;
(ii)the reason for the travel;
(iii)if there was accommodation used in respect of the claim—
(A)the town, city or suburb in which the accommodation was located; and
(B)the value of the accommodation;
(iv)if there was commercial transport used in respect of the claim, the mode and value of the transport;
(v)a statement of the Member's objectives;
(vi)a brief description of the Parliaments and other organisations visited (if any);
(vii)a list of those persons met in relation to the reason for the travel and the assistance or information obtained from such persons;
(viii)reference to any documents or publications obtained or considered to be of interest in a Parliamentary sense;
(ix)brief summaries of the study areas pursued in the countries visited;
(x)a summary of the results achieved and any recommendations arising;
(b)a tax invoice or receipt showing the costs actually incurred.".
9New Part 3 inserted
After Part 2 of the Principal Regulations insert—
"Part 3—Details to be published
19Payments to a third party considered payment to the Member
For the purposes of this Part, a reference to an amount paid to a Member includes any amount paid to a third party on behalf of the Member.
20Quarterly publication in respect of the expense allowance, electorate allowance and motor vehicle allowance
For the purposes of section 9I of the Act, the prescribed details to be published by the relevant Officer in respect of the relevant quarter for the expense allowance, electorate allowance and motor vehicle allowance (as the case may be) are the following—
(a)for the expense allowance, the total amount paid to each Member;
(b)for the electorate allowance, the total amount paid to each Member;
(c)for the motor vehicle allowance—
(i)the names of the Members who were paid the motor vehicle allowance; and
(ii)the total amount paid to each Member listed under subparagraph (i); and
(iii)a designation for Members who did not receive the motor vehicle allowance in the previous relevant quarter and have elected to receive the motor vehicle allowance under section 6(6) of the Act for the relevant quarter.
21Quarterly publication in respect of claims for work-related parliamentary allowances and the Budget
(1)For the purposes of section 9I of the Act, the prescribed details to be published by the relevant Officer in respect of claims made during the relevant quarter for work-related parliamentary allowances and for the Budget are set out in this regulation.
(2)Subject to subregulation (6), in respect of claims for the parliamentary accommodation sitting allowance the relevant Officer must publish the following—
(a)the total amount paid to each Member;
(b)the name of the suburb in which each Member's parliamentary accommodation is or was located during the relevant quarter and identify each Member in relation to the suburb.
(3)Subject to subregulation (6), in respect of claims for the travel allowance, commercial transport allowance or international travel allowance, the relevant Officer must publish the following—
(a)the total amount paid to each Member for each allowance;
(b)the total number of nights in respect of which each allowance was claimed and paid for each Member;
(c)for each claim made by each Member in respect of the travel allowance—
(i)the dates in respect of which the allowance was claimed and paid; and
(ii)the reason for the travel; and
(iii)the total amount paid; and
(iv)if there was accommodation used in respect of the claim—
(A)the town, city or suburb in which the accommodation was located; and
(B)the value of the accommodation;
(d)for each claim made by each Member in respect of the commercial transport allowance—
(i)the dates in respect of which the allowance was claimed and paid; and
(ii)the reason for the travel; and
(iii)the total amount paid; and
(iv)the mode of transport; and
(v)the value of the transport;
(e)for each claim made by each Member in respect of the international travel allowance—
(i)a copy of the international travel report accompanying the claim; and
(ii)the total amount paid.
(4)Subject to subregulation (6), in respect of claims for the Budget the relevant Officer must publish the following—
(a)the total amount paid to each Member;
(b)subtotal amounts paid to each Member for the following categories (if relevant)—
(i)additional electorate officer salary expenses and employee costs relating to staff travel, or incidentals necessarily incurred;
(ii)office facilities, maintenance and cleaning expenses;
(iii)office administration and stationery expenses;
(iv)information and communication technology and telecommunications expenses;
(v)postage expenses;
(vi)advertising, printing and communications expenses;
(vii)travel undertaken in relation to public duties;
(viii)professional development;
(ix)other expenses.
(5)The relevant Officer must not publish any details under—
(a)subregulation (2)(b) in relation to the street address of any accommodation; and
(b)subregulation (3)(c)(iv) in relation to—
(i)the name of the entity, business or individual to whom a payment for accommodation was made; or
(ii)the street address of any accommodation.
(6)The relevant Officer must not publish details under subregulation (2), (3) or (4) unless subregulations (7) to (10) have been satisfied in respect of the details proposed to be published.
(7)The relevant Officer must provide a Member with the details proposed to be published under subregulation (2), (3) or (4) in respect of that Member within 3 weeks of the end of the relevant quarter.
(8)If a Member is provided with details under subregulation (7) the Member must within 5 weeks of the end of the relevant quarter—
(a)if the Member agrees that the details are accurate, certify that the details are accurate; or
(b)if the Member considers that the details (in part or in whole) are not accurate, inform the relevant Officer of the details that the Member considers are not accurate.
(9)If the Member informs the relevant Officer under subregulation (8)(b) that the Member considers that details proposed to be published are not accurate, the relevant Officer may either—
(a)revise the details proposed to be published and provide the revised details to the Member as soon as practicable; or
(b)provide the Member with an explanation for how the relevant Officer determined the details and notify the Member that the details will be published.
(10)If the Member is provided with revised details under subregulation (9)(a), or an explanation and notification under subregulation (9)(b), the Member must within 7 weeks of the end of the relevant quarter—
(a)if the Member agrees that the details or the revised details are accurate, certify that the details are accurate; or
(b)if the Member continues to be of the opinion that the details or the revised details (in part or in whole) are not accurate, inform the relevant Officer of the details that are not considered to be accurate.
(11)The Member's response provided under subregulation (8) or (10) (as the case may be) must be noted by the relevant Officer when publishing the details under subregulation (2), (3) or (4) to which the response relates.
(12)If a Member has not provided a response under subregulation (8) or (10) (as the case may be) then the Member is taken to have certified that the details are accurate, and this certification must be noted by the relevant Officer when publishing the details under subregulation (2), (3) or (4).
(13)If any other work-related parliamentary allowance is prescribed for the purposes of section 6(2)(c) of the Act, the relevant Officer must publish the total amount of each prescribed allowance that is paid to each Member for the relevant quarter.
22Method of quarterly publication
For the purposes of section 9I of the Act, the relevant Officer must publish the details in an electronic form that is reasonably accessible to the public.
23Information to be included in the annual report of the Parliament
For the purposes of section 9J of the Act, the prescribed details that the relevant Officer must include in the annual report of the Parliament are as follows—
(a)the total amount paid during the financial year in respect of all Members for all claims for work-related parliamentary allowances and the Budget and all amounts paid for the expense allowance, the electorate allowance and the motor vehicle allowance;
(b)the total amount paid during the financial year in respect of all Members for each of the following categories—
(i)electorate allowance;
(ii)expense allowance;
(iii)motor vehicle allowance;
(iv)parliamentary accommodation sitting allowance;
(v)travel allowance;
(vi)commercial transport allowance;
(vii)international travel allowance;
(viii)the Budget;
(c)the total number of determinations made during the financial year, by each relevant Officer, for each work-related parliamentary allowance and the Budget as appropriate;
(d)the number of instances in which Members have not complied with a request made by the relevant Officer under section 9F of the Act during the financial year.".
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Endnotes
[1] Reg. 4: S.R. No. 84/2019.
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