Parliamentary Entitlements (Supplement of Capped Entitlements) Determination 2017 (No.1)

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Special Minister of State

Parliamentary Entitlements (Supplement of Capped Entitlements) Determination 2017 (No. 1)

Background

The Parliamentary Entitlements Act 1990 (the Act) provides members of each House of Parliament (members) with a range of benefits, including additional benefits that are prescribed by the regulations

Regulation 3EA of the Parliamentary Entitlements Regulations 1997 (the Regulations) provides an entitlement to supplement a member’s existing capped entitlements in exceptional circumstances. 

The Parliamentary Entitlements (Supplement of Capped Entitlements) Determination 2017 (No. 1) (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003.  The Act or Regulations do not impose any conditions that need to be satisfied before the power to make the Determination may be exercised. 

Purpose

The Determination sets out certain parameters for the supplement of capped entitlements in exceptional circumstances in regulation 3EA of the Regulations (the supplement purposes and the capped entitlements).  Details of the Determination are included in Attachment A.

Documents incorporated by reference

Clauses and documents incorporated by reference in the Determination include:

(a)   regulation 3AA of the Regulations;

(b)   subitem 7 (1) of Part 1, Schedule 1 to the Act;

(c)   item 2 of Part 1, Schedule 1 to the Act;

(d)   clause 7.2 of Remuneration Tribunal Determination 2012/04: Members of Parliament – Entitlements;

(e)   clauses 3.15 and 3.15.1 to 3.15.3 of Remuneration Tribunal Determination 2014/16: Members of Parliament – Travelling Allowance;

(f)    clauses 3.15 and 3.15.1 to 3.15.3 of Remuneration Tribunal Determination 2015/12: Members of Parliament – Travelling Allowance; and

(g)   clauses 3.14 and 3.14.1 to 3.14.3 of Remuneration Tribunal Determination 2016/08: Members of Parliament – Travelling Allowance.

These documents are available at www.legislation.gov.au.

Commencement, Consultation and Regulatory Impact

The Determination commences on 1 July 2015.  Any retrospective application of the Determination is consistent with subsection 12(2) of the Legislation Act 2003 (Legislation Act), 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.

In accordance with section 17 of the Legislation Act, consultation was undertaken with all members in relation to the supplement of capped entitlements in exceptional circumstances, as included in the explanatory statement to the Parliamentary Entitlements Amendment Regulations 2011 (No. 1). Further consultation was not deemed necessary because, in accordance with section 18 of the LIA, the instrument is minor or machinery in nature and does not substantially alter existing arrangements.

The Office of Best Practice Regulation has confirmed that the preparation of a Regulation Impact Statement is not necessary (reference number: ID 19346), as the amendments are machinery in nature and have a nil or low impact on business or the economy or individuals, apart from the Federal Parliamentarians affected.

Statement of compatibility with human rights

A statement of compatibility with human rights is set out at Attachment B.

Attachment A

Details of the Determination

Section 1 – Name of Determination

This section provides that the title of the Determination is the Parliamentary Entitlements (Supplement of Capped Entitlements) Determination 2017 (No. 1).

Section 2 – Commencement and Revocation of Previous Determination

This section provides that the Determination commences on 1 July 2015, and that the Parliamentary Entitlements (Supplement of Capped Entitlements) Determination 2012 (No. 1), made by the Special Minister of State on 30 October 2012, is revoked.

Section 3 – Definitions

This section provides the definitions of ‘Act’ and ‘Regulations’, for the purposes of the Determination.

Section 4 – Supplement Purposes

This section provides that, for the purposes of subregulation 3EA(6) of the Regulations, the entitlement provided in regulation 3EA of the Regulations may only be used for one or more of the following purposes:

(a)          printing and communications, in accordance with regulation 3AA of the Regulations;

(b)          office requisites and stationery, in accordance with subitem 7(1) of Part 1, Schedule 1 to the Act;

(c)          Australian flags and printed material related to national symbols, for presentation to constituents, in accordance with item 2 of Part 1, Schedule 1 to the Act;

(d)          charter transport in accordance with Remuneration Tribunal Determination 2012/04: Members of Parliament – Entitlements;

(e)          overnight stays in the members electorate, State or Territory between 1 July 2015 and 29 August 2015, in accordance with Remuneration Tribunal Determination 2014/16: Members of Parliament Travelling Allowance, as in force on 1 July 2015;

(f)           overnight stays in the member’s electorate, State or Territory, from 30 August 2015 to 27 August 2016, in accordance with Remuneration Tribunal Determination 2015/12: Members of Parliament – Travelling Allowance; and

(g)          overnight stays in the member’s electorate, state or Territory, from 28 August 2016, in accordance with Remuneration Tribunal Determination 2016/08: Members of Parliament Travelling Allowance.

Section 5 – Capped entitlement

This section provides what the term ‘capped entitlement’ means, for the purposes of subregulation 3EA(8) of the Regulations, and includes the entitlements listed in paragraphs (a) to (e), above. 

 


Attachment B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Parliamentary Entitlements (Supplement of Capped Entitlements) Determination 2017 (No. 1)

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

Regulation 3EA of the Parliamentary Entitlements Regulations 1997 (the Regulations) provides an entitlement to supplement a member’s existing capped entitlements in exceptional circumstances. 

This Legislative Instrument is made under regulation 3EA of the Regulations, and sets out certain parameters for the supplement of capped entitlements in exceptional circumstances.  Specifically, the Legislative Instrument sets out:

a)      the purposes for which a supplement may be used; and

b)     the capped entitlements that can be supplemented.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Senator the Hon Scott Ryan

Special Minister of State

 

Overview

The Parliamentary Entitlements (Supplement of Capped Entitlements) Determination 2017 (No. 1) was enacted to address the need for additional clarity and specificity regarding the conditions under which members of each House of Parliament can supplement their existing capped entitlements. This Determination is a legislative instrument under the Legislation Act 2003, and it operates in conjunction with the Parliamentary Entitlements Act 1990 and the Parliamentary Entitlements Regulations 1997. The purpose of this Determination is to outline specific parameters for supplementing capped entitlements in exceptional circumstances as prescribed in Regulation 3EA of the Regulations. The determination was made by the Special Minister of State and took effect on 1 July 2015, following consultations with all members and confirmation that the amendments were minor and did not substantially alter existing arrangements. The Parliamentary Entitlements Act 1990 aims to provide members of Parliament with a range of benefits, including additional benefits prescribed by the regulations. Regulation 3EA of the Parliamentary Entitlements Regulations 1997 allows for the supplementation of a member’s existing capped entitlements under exceptional circumstances. The Parliamentary Entitlements (Supplement of Capped Entitlements) Determination 2017 (No. 1) specifies the purposes for which these supplements can be used and the types of capped entitlements that can be supplemented, ensuring that these additional benefits are used appropriately and in line with the legislative intent.

Scope and Application

The Parliamentary Entitlements (Supplement of Capped Entitlements) Determination 2017 (No. 1) applies to members of the Australian Parliament, providing parameters for the supplementation of capped entitlements under exceptional circumstances. The Determination outlines specific purposes for which supplements can be used, including printing and communications, office requisites and stationery, and charter transport, as well as certain allowances for overnight stays in a member's electorate or state/territory. These capped entitlements are subject to regulations and Remuneration Tribunal determinations, which are incorporated by reference in the Determination. The legislation applies nationally as it pertains to members of the Federal Parliament and their entitlements, governed under the Parliamentary Entitlements Act 1990 and the Parliamentary Entitlements Regulations 1997. The Determination commenced on 1 July 2015, replacing the earlier 2012 version, and does not impose any new liabilities or adversely affect the rights of individuals outside of the Commonwealth or its authorities. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, and consultation was conducted with all members in relation to the supplement of capped entitlements in exceptional circumstances.

Key Provisions

The Parliamentary Entitlements (Supplement of Capped Entitlements) Determination 2017 (No. 1) outlines the parameters under which members of the Australian Parliament can supplement their existing capped entitlements. According to Section 4, these supplements may only be used for specific purposes, such as printing and communications, office requisites and stationery, Australian flags and printed material related to national symbols, and charter transport. Additionally, it allows for overnight stays in the member’s electorate, state or territory, depending on the timeframe, as detailed in various Remuneration Tribunal Determinations. Section 5 defines what constitutes a 'capped entitlement', which includes the aforementioned purposes and is subject to the conditions set out in the Regulations. The Determination imposes obligations on members of Parliament to ensure that any supplemented entitlements are used strictly for the specified purposes outlined in Section 4. Members must adhere to the regulations regarding printing and communications, office requisites and stationery, and the procurement of Australian flags and printed material related to national symbols. Furthermore, the overnight stays must comply with the respective Remuneration Tribunal Determinations, which detail the allowances for travel and accommodation. Failure to comply with these provisions could result in the misallocation of funds intended for parliamentary duties. Any breach of the conditions set out in this Determination could lead to serious consequences. While the Determination itself does not explicitly outline specific offences, penalties, or consequences for non-compliance, breaches of the Parliamentary Entitlements Act 1990 or the Parliamentary Entitlements Regulations 1997 could result in disciplinary action. Such actions could include the recovery of misused funds, additional scrutiny, or other administrative penalties. Additionally, if the misuse of funds is deemed significant, it could potentially lead to criminal charges under the Commonwealth’s criminal code, which could incur substantial fines and imprisonment.

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