REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2011/18
Members of Parliament - Entitlements and Travelling Allowance
1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for members of parliament and public 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 - ENTITLEMENTS
4. Clause 1.1 specifies the Principal Determination (Number 18 of 2006 as amended) for the purposes of Part 1 of the Determination.
5. Clause 1.2 provides that the cost of transporting a car on a ferry service will be met by the Commonwealth when a Member of the House of Representatives is travelling within his or her electorate. The service may depart from or return to a location outside the electorate.
6. Clauses 1.3 and 1.4 remove the requirement that only nominated persons can drive a parliamentarian’s private plated vehicle when it is used for private purposes.
7. Clauses 1.5 and 1.6 allow frequent flyer points accrued by parliamentarians – and former parliamentarians – to be donated to charity, provided that the person who accrued the points incurs no financial or taxation benefits from doing so.
8. Clause 1.7 introduces new clauses to allow the part of a supplement that has been used for charter, and which has been paid under Regulation 3EA of the Parliamentary Entitlements Regulations 1997, to be offset against the senator or member’s charter entitlement in the following year. The clause also allows the Minister to waive this requirement if he or she considers it appropriate in the circumstances.
PART 2 – MEMBERS OF PARLIAMENT – TRAVELLING ALLOWANCE
9. Clause 2.1 specifies the Principal Determination (Number 16 of 2011) for the purposes of Part 2 of the Determination.
10. Clause 2.2 allows for a more streamlined system of paying the Canberra rate of travelling allowance.
11. Clause 2.3 introduces new clauses to allow the part of a supplement, provided under Regulation 3EA of the Parliamentary Entitlements Regulations 1997, and which is used for travelling allowance, to be offset against the senator or member’s travelling allowance entitlement in the following year. The clause also allows the Minister to waive this requirement if he or she considers it appropriate in the circumstances.
Authority: Sub-sections 7(1), 7(2), and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2011/18, issued under the Remuneration Tribunal Act 1973, addresses the remuneration and related matters for members of parliament and public office holders. The determination was made by the Remuneration Tribunal, which was established to review and set the remuneration of public officials to ensure it reflects their responsibilities and the cost of living. This determination specifically revises entitlements and travelling allowances for Members of Parliament, reflecting policy objectives to enhance efficiency and transparency in the allocation of public resources. For example, the determination allows the Commonwealth to cover the cost of transporting a Member's car on a ferry service within their electorate and facilitates the donation of frequent flyer points to charity without financial or taxation benefits accruing to the parliamentarian. Additionally, it streamlines the process for offsetting used supplements against future entitlements, with provisions for ministerial discretion to waive these requirements where appropriate.
Scope and Application
The Remuneration Tribunal, empowered by the Remuneration Tribunal Act 1973, has made a determination that specifically applies to members of parliament and public office holders. This determination addresses the remuneration of these individuals, along with significantly related matters, and is informed by consultation as per established practice. The Tribunal's decision is in line with the Legislative Instruments Act 2003, ensuring that any retrospective application does not disadvantage any person, except the Commonwealth or an authority of the Commonwealth, nor does it impose any new liabilities on them. The scope of this determination extends to the financial entitlements and travelling allowances of members of parliament, allowing for adjustments and clarifications to existing regulations to better align with operational needs and fairness. The determination also includes provisions for the donation of frequent flyer points to charity, and the offsetting of certain supplements against future entitlements, subject to ministerial discretion.
Key Provisions
The Remuneration Tribunal has made significant determinations regarding the entitlements and allowances of Members of Parliament, as outlined in Part 1 and Part 2 of the Determination. Clause 1.1 (Section 4) references the Principal Determination (Number 18 of 2006 as amended) to provide a foundation for the entitlements discussed. Clause 1.2 (Section 5) specifies that the Commonwealth will cover the cost of transporting a Member's car on a ferry service when travelling within their electorate, even if the ferry's departure or arrival point is outside the electorate. Clauses 1.3 and 1.4 (Section 6) eliminate the restriction that only nominated persons can drive a parliamentarian's private vehicle for private purposes, broadening the eligibility of drivers.
In addition to these provisions, Clauses 1.5 and 1.6 (Section 7) permit frequent flyer points accrued by Members and former Members to be donated to charity, provided that the person who accrued the points does not gain any financial or taxation benefits. Clause 1.7 (Section 8) introduces provisions allowing the portion of a supplement used for charter, paid under Regulation 3EA of the Parliamentary Entitlements Regulations 1997, to be offset against the senator or member's charter entitlement in the following year. The Minister has the discretion to waive this requirement if deemed appropriate.
Clause 2.1 (Section 9) references the Principal Determination (Number 16 of 2011) to set the stage for the Travelling Allowance provisions. Clause 2.2 (Section 10) streamlines the payment system for the Canberra rate of travelling allowance, making it more efficient for Members. Clause 2.3 (Section 11) allows the portion of a supplement used for travelling allowance, under Regulation 3EA, to be offset against the senator or member's entitlement in the following year. Again, the Minister can waive this requirement if it is deemed suitable in the circumstances.
The obligations imposed by this Determination on Members of Parliament and the entities they govern include adherence to the new provisions regarding car transport, driver eligibility, frequent flyer point donations, and the offset of charter and travelling allowance supplements. The Minister’s role includes the potential waiver of these offset requirements, which must be exercised judiciously. Any breach of these provisions could lead to financial implications for Members, as they are required to comply with the set allowances and entitlements. The maximum penalties or specific consequences for non-compliance are not detailed within the provided text, but they would likely involve financial restitution or adjustments to entitlements.