REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2008/12
Members of Parliament – Travel Allowance
1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for office holders, as it is empowered to do by the Remuneration Tribunal Act 1973.
2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
3. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments 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.
PART 1 – MEMBERS OF PARLIAMENT
4. Clause 1.1 specifies the Principal Determination (Number 15 of 2007) for the purposes of Part 1 of the Determination.
5. Clause 1.2 amends a clause in the Principal Determination providing additional access to travelling allowance for the Chief Whips of the Government and Opposition in the House of Representatives, when their duties in those positions cause them to travel away from their home base and away from Canberra. A maximum entitlement of 20 nights in each 12 month period, commencing 1 July 2008, is provided.
6. Clause 1.3 inserts a clause in the Principal Determination providing additional access to travelling allowance for the Whips of the Government and Opposition in the Senate, when their duties in those positions cause them to travel away from their home base and away from Canberra. A maximum entitlement of ten nights in each 12 month period, commencing 1 July 2008, is provided. This entitlement is limited to the principal Government Whip and principal Opposition Whip.
Authority: Sub-sections 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal, established under the Remuneration Tribunal Act 1973, has introduced Determination 2008/12 to address the need for additional travel allowances for certain Members of Parliament. This determination was enacted to provide a fair and transparent mechanism for reviewing and setting the remuneration of office holders, including Members of Parliament, in accordance with the powers vested in the Tribunal by the Act. The objective, as outlined in the Explanatory Statement, is to ensure that Members of Parliament, specifically the Chief Whips in the House of Representatives and the Whips in the Senate, receive appropriate travel allowances to accommodate the demands of their roles when they must travel away from their home base and Canberra. This determination is made in consultation with established practices and is subject to the provisions of the Legislative Instruments Act 2003, ensuring that any retrospective application does not adversely affect the rights of any person, except the Commonwealth or its authorities.
Scope and Application
The Remuneration Tribunal Determination 2008/12 pertains specifically to Members of Parliament, focusing on the travel allowance for Chief Whips in the House of Representatives and Whips in the Senate. The determination applies to these particular offices within the Australian Parliament, granting them additional access to a travelling allowance when their duties necessitate travel away from their home base and away from Canberra. For the Chief Whips of the Government and Opposition in the House of Representatives, the allowance permits up to 20 nights per year, while the Whips in the Senate are limited to a maximum of ten nights annually, with the entitlement applying to the principal Government Whip and the principal Opposition Whip. This determination is made under the authority of subsections 7(3) and 7(4) of the Remuneration Tribunal Act 1973, ensuring that any retrospective application does not adversely affect the rights of any person, other than the Commonwealth or an authority of the Commonwealth, nor impose any liability on such a person.
Key Provisions
The key provisions of the Determination 2008/12 primarily focus on travel allowances for Members of Parliament. Clause 1.2 of Part 1 specifies that the Chief Whips of the Government and Opposition in the House of Representatives are entitled to additional travel allowances when their duties require them to travel away from their home base and Canberra. This allowance is capped at 20 nights in each 12-month period starting from 1 July 2008. Similarly, Clause 1.3 extends this benefit to the Whips of the Government and Opposition in the Senate, with a maximum entitlement of ten nights in each 12-month period, also starting from 1 July 2008. This entitlement is limited to the principal Government Whip and the principal Opposition Whip.
The Remuneration Tribunal, empowered by the Remuneration Tribunal Act 1973, has the authority to make these determinations. These determinations follow established consultation practices and do not adversely affect the rights of individuals or impose any liabilities on them, as per subsection 12(2) of the Legislative Instruments Act 2003. The Tribunal ensures that its determinations align with the objectives of the Act and its governing provisions.
Entities and individuals subject to this determination are required to adhere to the travel allowance provisions specified. This includes the Chief Whips and Whips of the Government and Opposition in the House of Representatives and the Senate, respectively. They must ensure that their travel claims do not exceed the prescribed limits, and any claims must be justified by the duties associated with their positions.
Any breach of the conditions set out in this determination may result in civil or criminal consequences. While specific penalties are not detailed in the provided text, it is likely that such breaches would be subject to the general provisions of the Remuneration Tribunal Act 1973 and other applicable laws. The potential consequences could include fines, recovery of wrongly claimed allowances, or other administrative actions to rectify the breach.