Overview

The Determination 2014/02 issued by the Remuneration Tribunal under the Remuneration Tribunal Act 1973 aims to review and adjust the travel allowance and entitlements for members of parliament. The objective of this determination is to ensure that the allowances and entitlements remain fair and relevant to the duties and circumstances of members of parliament, as well as to address specific issues identified in the travel allowance for members from certain regions. The Remuneration Tribunal, established by the Act, is responsible for making these determinations, which are subject to consultation and do not adversely affect the rights of individuals, as outlined in the Legislative Instruments Act 2003. This determination includes adjustments to the travel allowance for members representing large electorates and specific conditions for claiming travel allowance for members from Western Australia, Northern Territory, and remote areas of Queensland. Additionally, it revises entitlements related to charter transport and family reunion provisions.

Scope and Application

The Determination 2014/02 issued by the Remuneration Tribunal applies to members of the Australian Parliament, including members of the House of Representatives and senators, as well as Ministers and other parliamentary office holders. This legislation governs the remuneration, entitlements, and allowances for these individuals, specifically concerning their travel arrangements and related expenses. The changes made by this Determination include adjustments to travel allowances for members of the House of Representatives based on the size of their electorates, and modifications to the conditions under which travel expenses can be claimed, such as the necessity of a certification for breaks in journey due to unavailable connecting flights. Furthermore, the Determination revises entitlements regarding charter transport spending limits and the timing of family reunion travel provisions, ensuring that accompanying family members adhere to strict timelines relative to the member or senator's travel schedule. This Determination has a national reach, applying across all states and territories of Australia, and is subject to the powers granted by the Remuneration Tribunal Act 1973. Subordinate instruments may further detail or refine the application of this Determination, ensuring its provisions are accurately implemented and enforced.

Key Provisions

The Determination 2014/02 Members of Parliament – Travelling Allowance and Entitlements, made by the Remuneration Tribunal under the Remuneration Tribunal Act 1973, outlines various allowances and entitlements for members of parliament. Clause 1.1 (section 4) refers to the Principal Determination (Number 17 of 2013 as amended) as the foundation for Part 1 of the Determination, which deals with travelling allowances. Clause 1.2 (section 5) removes a specific entitlement to travel allowance for travel connected with the office of the second deputy speaker in the House of Representatives. Clauses 1.3 and 1.4 (sections 6 and 7) increase the number of nights for which a member of the House of Representatives can claim travelling allowance for travel within their electorate if it is between 100,000 and 999,999 sq km in size. Clauses 1.5 and 1.6 (sections 8 and 9) specify that members and senators from Western Australia and the Northern Territory, including Ministers and office holders, must certify that the break in journey was caused by there being no same day connecting flight that is reasonably available if they wish to claim travelling allowance. The Determination imposes specific obligations and requirements on members of parliament and senators regarding their entitlements. For example, members and senators from Western Australia and the Northern Territory must certify certain conditions before claiming travelling allowance, as per Clauses 1.5 and 1.6 (sections 8 and 9). Additionally, Clause 2.3 (section 10) mandates that persons who accompany a member or senator under family reunion provisions must depart from the final destination no more than 24 hours after the member or senator departs. Clause 2.4 (section 11) also stipulates that persons travelling to join a member or senator under family reunion travel provisions must arrive no more than 24 hours before the senator or member arrives, and must depart no more than 24 hours after the senator or member departs. There are no specific offences, penalties, or civil/criminal consequences mentioned within the text of this Determination. However, any breach of the obligations and requirements outlined in the Determination could potentially result in the withholding of entitlements or allowances, or other administrative consequences as determined by the Remuneration Tribunal. The Determination does clarify that any retrospective application does not affect the rights of a person to their disadvantage, nor does it impose any liability on such a person, in accordance with subsection 12(2) of the Legislative Instruments Act 2003.