Remuneration Tribunal Determination 2009/06 - Members of Parliament - Travelling Allowance and Entitlements

Overview

The Remuneration Tribunal Determination 2009/06, titled "Members of Parliament – Travelling Allowance and Entitlements," was enacted to address the need for the Remuneration Tribunal to determine the remuneration and related matters for office holders and members of Parliament, as mandated by the Remuneration Tribunal Act 1973. This Determination was made to ensure that the allowances and entitlements for Members of Parliament are appropriate and reflective of their roles, and it was enacted by the Remuneration Tribunal in accordance with its authority under the Act. The objective of this Determination is to provide clear and fair guidelines on the allowances and entitlements, including adjustments for specific electorates and additional travel provisions where necessary. The Determination consists of two main parts: Part 1 addresses the travelling allowance, clarifying entitlements for electorates that include external territories and providing additional travel allowances for the Member for Bowman. Part 2 covers general entitlements, including amendments to cross-references and the provision of alternative car parking arrangements for senators or members who use their own vehicles for official purposes. This Determination aims to ensure that the entitlements are both reasonable and reflective of the duties and responsibilities of Members of Parliament, without retrospectively affecting the rights of individuals.

Scope and Application

The Remuneration Tribunal has the authority to determine the remuneration and related matters for office holders and members of Parliament, as stipulated by the Remuneration Tribunal Act 1973. This particular determination applies to members of Parliament, including senators and representatives, and sets out their entitlements concerning travel allowances and other benefits. The Tribunal has made this determination following established consultation practices. Notably, this determination does not adversely affect the rights of any individual (excluding the Commonwealth or its authorities) and does not impose any new liabilities on them, as per subsection 12(2) of the Legislative Instruments Act 2003. The scope of this determination is limited to the remuneration and related entitlements of members of Parliament, and it does not extend to other individuals or entities outside this specific category. This determination is applicable to all members of Parliament, including senators and members of the House of Representatives, throughout the Commonwealth of Australia. It does not create additional entitlements for electorates that include external territories and provides specific allowances for the Member for Bowman when conducting electorate business on North Stradbroke Island. Additionally, it amends certain references within the Principal Determination and allows for alternative car parking arrangements at government expense for those who already have an entitlement to car transport. This determination may be extended or restricted through subordinate instruments, although no such instruments are mentioned in this particular text.

Key Provisions

The main operative sections of this determination address the remuneration and related matters for members of Parliament. Clause 1.1 refers to the Principal Determination (Number 15 of 2008) concerning the travelling allowance for members of Parliament. Clause 1.2 specifies that electorates including external territories do not receive additional entitlements under clause 2.13.2 of the Principal Determination for that territory. Clause 1.3 provides additional travel entitlements for the Member for Bowman when conducting electorate business on North Stradbroke Island, acknowledging the unique transport challenges in that area. Clause 2.1 refers to the Principal Determination (Number 18 of 2006, as amended) for the purposes of entitlements. Clause 2.2 amends a cross-reference in clause 4.3 of the Principal Determination, while Clause 2.3 offers senators and members who have a car transport entitlement under clause 3.10 of the Principal Determination the alternative of parking their own vehicle at government expense, provided it is cost effective to do so. The obligations imposed by this Act include adherence to the specified travel allowances and entitlements for members of Parliament as outlined in the determination. Members must ensure their travel expenses are within the allowances provided unless they qualify for the specific exceptions noted, such as the additional entitlements for the Member for Bowman. Furthermore, senators and members who choose to use their own vehicles for travel must do so in a manner that is cost effective, as per Clause 2.3. They must also ensure any parking expenses are within the allowable limits set out in the Principal Determination. Failure to comply with the provisions of this determination may result in various consequences. While the Act does not explicitly list offences or penalties, non-compliance with the established travel and entitlement allowances could lead to scrutiny and potential adjustments in future determinations. It is important for members to maintain accurate records and justifications for any expenses claimed to avoid disputes or penalties. The retrospective application of this determination is governed by subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not disadvantage any person other than the Commonwealth or an authority of the Commonwealth.