Determination 2017/16: Members of Parliament – Travelling Allowance

Administered by Department of the Prime Minister and Cabinet

Legislation au F2017L01037 Not in force Legislative Instrument

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Explanatory Statement: Determination 2017/16

Members of Parliament – Travelling Allowance

  1. The Remuneration Tribunal Act 1973 (the Act) establishes the Remuneration Tribunal (the Tribunal) as an independent statutory authority responsible for reporting on and determining the remuneration, allowances and expenses of key Commonwealth office holders. These include members of parliament, Judges of Federal Courts, most full-time and part-time holders of public offices including Specified Statutory Offices and Principal Executive Offices.

Consultation

2.                      Section 11 of the Act advises that in the performance of its functions the Tribunal:

  • may inform itself in such manner as it thinks fit;
  • may receive written or oral statements;
  • is not required to conduct any proceeding in a formal manner; and
  • is not bound by the rules of evidence.

3.                      The Tribunal normally receives submissions on remuneration from a portfolio minister, or a secretary, program manager or employing body (in respect of a Principal Executive Office) with responsibility for the relevant office(s).  The Tribunal will normally seek the views of the relevant Portfolio Minister prior to determining remuneration for an office.

4.                      The Tribunal may reach a decision based on the information provided in the submission and other publicly available information such as portfolio budget statements, annual reports, corporate plans, legislation and media releases.  On occasion it may wish to meet with relevant parties or seek further information from the relevant minister or person making the submission.

5.                      Amongst other relevant matters in deliberating on appropriate remuneration for an office the Tribunal informs itself on:

  • the main functions, responsibilities and accountabilities of the office;
  • the organisational structure, budget and workforce;
  • the requisite characteristics, skills or qualifications required of the office holder(s); and
  • the remuneration of similar, comparator, offices within its jurisdiction. 

 

Review of Travelling Allowance

6.                      There was no consultation on this matter as it is the Tribunal’s practice to review, each year, the travelling allowance rates available to office holders for which it determines remuneration.  In conducting this review, making this Determination and adjusting travelling allowance rates the Tribunal has relied on the Australian Taxation Office’s (ATO) Determination TD 2017/19: Income tax: what are the reasonable travel and overtime meal allowance expense amounts for the 2017-18 income year?

 

7.                      Amongst other things the ATO Determination sets out the amounts that the ATO Commissioner considers are reasonable for the substantiation exception in Subdivision 900-B of the Income Tax Assessment Act 1997 for the 2017-18 income year in relation to claims made by employees for domestic travel expenses and overseas travel expenses.  

8.                      This Determination includes substantively similar provisions to the previous Determination with minor adjustments to most travelling allowance rates.  Changes to travelling allowance rates are consistent with the ATO Determination. 

Retrospectivity

9.                      Any retrospective application of this Determination is in accordance with subsection 12(2) of the Legislation Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person’s disadvantage, nor does it impose any liability on such a person.

The power to repeal, rescind and revoke, amend and vary

10.                  Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Details of the determination are as follows:

PART 1 – LEGAL MATTERS AND EXPLANATION OF TERMS

11.                  Part 1 specifies the authority for and the date of effect of the Determination and notes that it supersedes and revokes the previous Principal Determination 2016/08 applying to the persons covered by this Determination.  It also sets out the definitions of certain words and references used in the Determination.

12.                  The provisions in Part 1 are unchanged from those contained in Part 1 of the superseded determination.

PART 2 – RATES

13.                  Part 2 provides that the domestic travelling allowance rates set out in Schedule A of the Determination will apply to members and office holders (as specified in Clause 2.3).  These rates have been updated with effect from 27 August 2017.  The Canberra rate in Schedule A has increased from $276 to $285 per overnight stay.

14.                  Clause 2.2 sets out the provisions applying to the Prime Minister.  The rate for his or her accommodation and sustenance in respect of each overnight stay in a place other than an official establishment or the Prime Minister’s home base has increased to a limit of $571 (from $565).

15.                  With the exception of the rate changes specified above, the provisions in Part 2 are unchanged from those contained in Part 2 of the superseded determination.

PART 3 – CONDITIONS OF PAYMENT

16.                  Part 3 sets out the conditions of payment for travelling allowance.  Clauses 3.1 to 3.6 set out general conditions of payment.

17.                  Clauses 3.7 to 3.10 set out the specific travelling allowance provisions applying to the Prime Minister, Ministers and office holders.  Clause 3.7 reflects the change to the Prime Minister’s rate set in clause 2.2 of this Determination.  Clause 3.8.2 provides for Ministers (other than the Prime Minister) and specified office holders, in exceptional circumstances, to receive an allowance for meals and incidental costs only.  This allowance has been increased up to a limit of $181 (from $177) per day.

18.                  Clauses 3.11 to 3.15 set out general travelling allowance provisions.

19.                  Clause 3.15 varies the rate of daily expense allowance payable to a member from the Australian Capital Territory or, in certain cases, a member of the House of Representatives representing an electorate adjacent to the Australian Capital Territory, from $87 to $90 for each day of attendance in Canberra on parliamentary business.

20.                  Clauses 3.16 to 3.19 set out the travelling allowance provisions for travel to the External Territories.

21.                  Clauses 3.20 to 3.27 set out the travelling allowance provisions for Party Leaders, Chief/Primary Whips, Whips, Chairs of Parliamentary Committees and Shadow Ministers.

22.                  With the exception of the rate changes specified above, the provisions in Part 3 are unchanged from those contained in Part 3 of the superseded determination.

 

Authority: Sub-sections 7(1), 7(2) and 7(4)

of the Remuneration Tribunal Act 1973

Overview

The Remuneration Tribunal Act 1973 establishes the Remuneration Tribunal as an independent statutory authority responsible for determining the remuneration, allowances, and expenses of key Commonwealth office holders, including members of parliament and federal court judges. This legislation addresses the need for a transparent and independent process for setting the remuneration of public officials. Enacted by the Parliament of Australia, the Act aims to ensure that the remuneration of public officials is fair, competitive, and commensurate with their responsibilities, thereby attracting and retaining suitably qualified individuals. The Tribunal operates under the authority of the Act, receiving submissions on remuneration from relevant ministers and other stakeholders and consulting publicly available information to inform its decisions. The explanatory statement for Determination 2017/16 outlines the Tribunal's annual review and adjustment of travelling allowance rates for office holders, in line with the Australian Taxation Office’s determinations on reasonable travel expense amounts for the relevant income year. This Determination ensures that the rates are consistent with current economic conditions and tax regulations, maintaining the integrity and fairness of the allowances provided to office holders. The Tribunal’s approach to setting these rates involves considering the main functions and responsibilities of the offices, organisational structures, budgets, and the remuneration of comparable offices. Any retrospective application of this Determination does not adversely affect the rights of individuals, in accordance with the Legislation Act 2003.

Scope and Application

The Determination 2017/16 under the Remuneration Tribunal Act 1973 applies to various key Commonwealth office holders, including members of parliament, Judges of Federal Courts, and most full-time and part-time holders of public offices such as Specified Statutory Offices and Principal Executive Offices. The Tribunal, an independent statutory authority established by the Act, is responsible for reporting on and determining the remuneration, allowances, and expenses of these office holders. The Determination primarily focuses on the travelling allowance rates applicable to these individuals, which have been updated to align with the Australian Taxation Office’s (ATO) Determination TD 2017/19. The changes include minor adjustments to most travelling allowance rates, with the domestic rate increasing from $276 to $285 per overnight stay and the Prime Minister's accommodation and sustenance rate rising to a limit of $571. The Determination extends across the Commonwealth and is subject to annual review, with retrospective application ensured not to disadvantage any person other than the Commonwealth or its authorities, as per subsection 12(2) of the Legislation Act 2003.

Key Provisions

The Determination 2017/16, under the Remuneration Tribunal Act 1973, primarily concerns the adjustment of travelling allowance rates for members of parliament and other key office holders within the Commonwealth of Australia. The operative sections of this Determination include the authority under which it is made, the definition of terms, the rates of allowance, and the conditions of payment (Clauses 11 to 22). Clause 2.3 specifies that the domestic travelling allowance rates, as updated in Schedule A, apply to the members and office holders covered by this Determination, with a notable increase in the Canberra rate from $276 to $285 per overnight stay. Clause 2.2 provides specific provisions for the Prime Minister, setting a new limit of $571 for accommodation and sustenance in places other than an official establishment or the Prime Minister’s home base. The Determination imposes specific obligations and requirements on the parties it governs. According to Clause 3.1, the travelling allowance is payable for travel undertaken for parliamentary business or for the purposes of performing the functions of the office. Clause 3.2 requires that members and office holders must provide evidence of the travel undertaken to claim the allowance. Clause 3.7 reflects the updated allowance for the Prime Minister, while Clause 3.8.2 allows Ministers and specified office holders to receive an allowance for meals and incidental costs only, up to a limit of $181 per day in exceptional circumstances. Clause 3.15 adjusts the daily expense allowance for members from the Australian Capital Territory or certain House of Representatives members, increasing it to $90 per day. The Determination also outlines potential consequences for breach of its provisions. Clause 3.9 warns that any fraudulent claims or misrepresentations will be subject to disciplinary action, including potential recovery of the amount claimed and referral to law enforcement agencies. The Determination notes that any retrospective application does not affect the rights of a person to their disadvantage or impose any liability on them, in accordance with subsection 12(2) of the Legislation Act 2003. Therefore, while the new rates apply from 27 August 2017, they do not impact any claims made prior to this date.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.