Economic Inclusion Advisory Committee Regulations 2024

The regulations introduce several defined concepts that govern how travel allowance is calculated and paid. “Official travel” is defined restrictively in section 4 as travel within Australia to attend a meeting of the Committee or other travel within Australia related to the function of the Committee. This means travel for personal reasons or for non‑committee business is excluded. “Committee member” includes the Chair. “Home base” means the town or city of the member’s principal place of residence, which determines when a trip involves overnight absence and which rates apply.

The central concept is “meals and accommodation allowance”, which is the per‑night amount paid for accommodation, meals, and incidentals when official travel requires an overnight absence. No such allowance is payable for day travel. The allowance is paid for each night of absence regardless of departure or arrival time, so a member who leaves home at 6am and returns late the next day still receives the full overnight rate. The allowance is intended to cover all costs of accommodation and meals plus incidentals, as noted in section 10.

The rate structure distinguishes between commercial accommodation and non‑commercial accommodation. If a member stays in a hotel, motel, or serviced apartment, the full rate from Table 1 or 2 applies. If the member stays with family or friends, a rate of one‑third of the standard allowance (rounded up) is paid, on the assumption that accommodation costs are not incurred. If accommodation is paid by an entity other than the member, the allowance is reduced to the “Total” amount in Table 3 or 4 (i.e., the meal and incidental component only). If a meal is provided, the allowance is reduced by the relevant meal component.

Tables 3 and 4 define meal and incidental components. For high‑cost centres (capital cities and most named country centres), the components are breakfast $35, lunch $50, dinner $70, incidental $33, total $188. For other country centres (unnamed centres and group 2 centres), the components are breakfast $33, lunch $33, dinner $64, incidental $33, total $163. These figures are used for part‑payment calculations and for claims for additional meals.

“Group 2 country centres” are 39 named locations listed in Table 5, such as Albury, Bathurst, Coffs Harbour, Mildura, and Tamworth. Despite being named in Table 2 (which gives them individual rates), they are treated as part of the lower meal component regime, not the high‑cost regime. This means that if a third party pays for their accommodation in Albury, their allowance drops to $163 rather than the $188 high‑cost total.

The concept of “commercial accommodation” is defined but not elaborated beyond hotels, motels, and serviced apartments. This leaves ambiguity about short‑stay apartments booked through platforms or other types of paid accommodation; presumably they would be treated as commercial if they are commercially operated.

The regulations affect a narrow class of persons: members of the Economic Inclusion Advisory Committee. That committee was established by the Economic Inclusion Advisory Committee Act 2023 to provide advice to the government on economic inclusion matters. The regulations do not apply to any other government board, committee, or body. The instrument prescribes allowances only for members, not for staff, consultants, or other attendees.

Within the bureaucracy, the regulations affect the Secretary of the Department administered by the Minister (currently the Department of Social Services). The Secretary has functions under sections 13 and 14: certifying unavoidable higher accommodation costs, certifying additional meals, and approving delegation arrangements. The Secretary may delegate these powers in writing to SES employees or acting SES employees in the Department (section 16). Delegates must comply with written directions.

The Department itself is affected as the implementing agency. It is expected to put in place travel‑related administrative guidelines (section 6(5)(c)), maintain preferred provider arrangements (section 7(2)(a)), and administer payment of allowances. The Department’s travel team or finance unit will process claims and ensure compliance with the principles.

Taxpayers are indirectly affected because the allowances involve public expenditure. The rates per night are not trivial: Sydney at $451, Darwin at $480, and Yulara at $757. If the committee meets regularly (the Act does not prescribe frequency, but the Explanatory Memorandum to the Act indicated at least one meeting per year), the total cost will depend on how many members travel and how often. The regulations do not cap total expenditure or require annual reporting on travel spend.

Entities that provide accommodation or meals to committee members are also affected, but only indirectly. For example, if a state government agency hosts a committee meeting and pays for accommodation, the member’s allowance is reduced to the meal and incidental component only. This creates an incentive for third parties to pay for costs directly rather than reimbursing the member, because it reduces the Commonwealth’s outlay.

The regulations do not affect travel providers, airline loyalty programs, or the general public. There is no amendment to tax law, employee remuneration, or social security.

The regulations create both entitlements and obligations. A committee member’s primary right is to be paid travel allowance in accordance with Division 2 for official travel. This includes business class air travel (section 8(1)), 85 cents per kilometre for private car use (section 8(2)), actual cost for public transport (section 8(3)), and meals and accommodation allowance for overnight absences (section 9). The right is conditional: the member must use the Department’s preferred provider arrangements where they exist (section 7(2)(a)). If a member books outside those arrangements, they may lose entitlement unless the Department approves an exception.

A duty is placed on members not to use frequent flyer points accrued at Commonwealth expense for private purposes (section 7(2)(b)). This is a relatively soft duty because enforcement depends on self‑reporting or audit. The principle that members must not gain or lose financially from official travel (section 6(2)) implies that members should not profit from the allowance by, for example, staying in cheap accommodation and pocketing the difference. However, the regulations do not require itemised expense receipts; the allowance is a set daily rate, not reimbursement of actual costs. This is typical for government travel but creates a tension with the no‑gain principle because a member who stays in budget accommodation technically does gain.

Members have a duty to consider travel necessity and alternatives (section 6(5)(a)), total cost and value for money (section 6(5)(b)), departmental guidelines, and work‑life balance and safety (section 6(5)(d)). These are not legally enforceable duties but are “principles” for administering the instrument. Nevertheless, a failure to consider them could lead to denial of payment or disciplinary action.

The Secretary has the duty to certify unavoidable higher accommodation costs under section 13 and additional meals under section 14. Certification is discretionary but must be exercised in accordance with the criteria. For higher accommodation costs, the need must be due to unavailability of reasonable standard accommodation, and the additional payment is calculated by subtracting the meal and incidental component from the allowance rate and paying the excess accommodation cost. This is a mechanistic formula that limits discretion.

The no‑double‑payment rule in section 15 is a duty on the member: they cannot claim travel allowance under these regulations if they also claim or receive an allowance or reimbursement for the same travel from any other source. This includes other government entities, private employers, or insurance. It does not bar claiming other entitlements for separate travel; it applies only to the same travel.

Delegation under section 16 gives the Secretary the power to delegate functions to SES employees, who then have a duty to comply with written directions. There is no provision for further sub‑delegation.

The regulations contain no penalty provisions. There are no civil penalties, infringement notices, or criminal offences created by this instrument. Enforcement is therefore limited to administrative and contractual mechanisms. If a committee member claims an allowance they are not entitled to, the primary consequence would be a requirement to repay the amount. This could be pursued as a debt due to the Commonwealth under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) if the overpayment is deemed unlawful.

The no‑double‑payment clause in section 15 could be enforced by the Department refusing payment if it discovers another claim. The onus is on the member to disclose other entitlements. There is no requirement for the Department to confirm that no other claim exists before paying. Fraudulent claims (e.g., claiming for travel that did not occur, or claiming overnight absence when no overnight stay occurred) would fall under the Criminal Code offences of obtaining a financial advantage by deception (s 134.2 Criminal Code) or theft of Commonwealth property. The maximum penalty for those offences is up to 10 years imprisonment, but that is not part of these regulations.

The requirement to use preferred providers is a condition of payment. If a member does not use them, the Department could simply refuse to reimburse the travel cost or pay the allowance. Similarly, using frequent flyer points for private purposes is a breach of condition, but enforcement is difficult without an audit system. The Department could refuse future travel requests or seek recovery.

The Secretary’s certification decisions under sections 13 and 14 are not subject to merits review under the instrument. Judicial review under the Administrative Decisions (Judicial Review) Act 1977 would be available for a decision to refuse certification, but only on limited grounds such as jurisdictional error or unreasonableness. Given the small amounts involved for individual members, such review is unlikely.

The general principles in section 6 are not enforceable as duties; they are interpretive guides. A breach of the principle that travel must be consistent with duties (section 6(4)) could lead to disciplinary action by the Minister or the Committee Chair, but not a penalty under these regulations.

The regulations are made under, and must be read with, the Economic Inclusion Advisory Committee Act 2023. Section 14(2) of that Act authorises the regulations to prescribe allowances. The Act itself sets up the Committee, its membership, functions, and reporting. The regulations only fill the travel allowance gap; they do not interact with other parts of the Act.

The regulations incorporate the Acts Interpretation Act 1901 by reference in the note to section 16 regarding delegations. Sections 34AA to 34A of that Act provide standard rules about delegation, including that the delegate must exercise the power in accordance with any written directions. This is standard machinery law.

The no‑double‑payment clause (section 15) interacts with any other law that provides travel allowances. For example, if a committee member is also a member of another Commonwealth board and claims travel under that board’s regulations for the same journey, section 15 would require the member to choose one entitlement. It does not create a hierarchy; it simply prohibits double recovery. This clause also interacts with state or territory travel schemes if the member is a state public servant. The clause is broad: it covers “any other source or entitlement”, which includes employer reimbursement, insurance, or personal travel insurance.

The regulations do not affect taxation law. The travel allowances paid to committee members are likely to be assessable income under the Income Tax Assessment Act 1997, but may be subject to the “reasonable travel allowance” exemption if the amount does not exceed the Commissioner’s reasonable amount determination. The regulations do not address this; members must seek their own tax advice. The no‑gain principle suggests that allowances are intended to be compensatory, but the ATO treats per diem payments as income unless spent wholly on deductible expenses.

There is no interaction with the Fair Work Act 2009 because committee members are not employees; they are appointed under statute and paid sitting fees plus allowances. The regulations do not create employment rights or obligations.

The instrument may interact with the PGPA Act regarding the lawful use of public money. Section 6(3) states that expenses must only be incurred where funds are lawfully available, which echoes the principle in the PGPA Act. However, the regulations do not create any additional accountability framework.

The regulations were made on 20 June 2024 by the Governor-General on the advice of the Federal Executive Council, with the Minister for Social Services as the responsible minister. They commenced on 22 June 2024, the day after registration. There are no amendments to date; the instrument is still in its original form. The commencement table in section 2 indicates that the whole instrument commenced on 22 June 2024, with no staged or deferred commencement.

Because the regulations are less than a year old, no amendment history exists. Future amendments would likely adjust the rates in Tables 1 and 2 to reflect inflation or changes in accommodation costs. The instrument does not contain an automatic indexation mechanism; rate changes require a formal amendment by regulation. This means that over time, the rates may become out of step with actual costs unless the responsible minister amends them.

The instrument does not include a sunset clause or review date. Its ongoing validity depends on the parent Act remaining in force and on the minister’s willingness to amend it.

There is no litigation history for these regulations. They are a minor procedural instrument dealing with travel allowances for a single committee. No cases have been decided under them. It is unlikely that any litigation will arise given the small sums at stake and the lack of controversial provisions. However, potential grounds for challenge could include: (a) a claim that the rates are unreasonably low and fail to satisfy the requirement in the Act to prescribe allowances; (b) a claim that the Secretary’s refusal to certify higher accommodation costs was procedurally unfair; or (c) a claim that the delegation provision is inadequate because it restricts delegation to SES employees only, which might be challenged as inconsistent with the Act if the Act contemplates broader delegation. None of these have been tested.

The absence of litigation is predictable: the instrument is straightforward, rates are set out clearly, and disputes over travel amounts are typically resolved internally rather than in court.

Several provisions in the regulations contain traps for the unwary committee member or administrator.

First, the definition of “official travel” in section 4 is narrow: travel within Australia to attend a meeting of the Committee or other travel related to its functions. Travel for any other purpose, even if it occurs while the member is away, is not covered. A member who combines a committee meeting with a personal holiday cannot claim allowances for the personal portion. The regulations do not provide a pro‑rata rule for mixed trips; the entire journey must be official travel. This is a classic gotcha for members who think they can claim the full allowance for a trip that includes personal days.

Second, the condition in section 7(2)(a) requires members to use the Department’s preferred provider arrangements “where these exist”. If preferred providers exist but the member chooses not to use them, the entitlement to travel allowance may be denied. However, the regulations do not specify what happens if preferred providers are not available or are not cheaper. The Department’s administrative guidelines (referred to in section 6(5)(c)) would presumably fill this gap, but they are not set out in the instrument. A member who books independently without checking preferred providers risks losing payment.

Third, the frequent flyer points restriction in section 7(2)(b) says points “accrued at the Commonwealth’s expense” are not to be used for private purposes. This is difficult to enforce because many airline programs pool points from all travel. The member must keep track of which points came from Commonwealth travel and only use those for future Commonwealth travel. Most interpretation of similar clauses in the public service is that any points earned on official travel belong to the Commonwealth, but the regulation does not state that; it only prohibits private use. A member who uses points for an upgrade on a personal trip could be in breach.

Fourth, the no‑double‑payment clause (section 15) catches not only other Commonwealth travel allowances but also reimbursement from any source, including insurance or private employer. A member who is also a director of another board and claims travel costs from that board for the same journey would need to forgo the Commonwealth allowance. The clause does not provide for apportionment; it is all or nothing.

Fifth, the part‑payment rules in section 11 are specific. If accommodation is paid by a third party, the allowance drops to the “Total” amount in Table 3 or 4. This is $188 for high‑cost centres and $163 for other centres. A member who loses $400 or more in accommodation coverage but gains only a small meal allowance may consider it unfair, but the regulations give no right to opt out. Similarly, if one meal is provided, the allowance is reduced by the specific meal component (e.g., $35 for breakfast). The member must accurately track which meals were provided.

Sixth, the non‑commercial accommodation rule (section 12) pays one‑third of the standard rate, rounded up. For a Sydney trip, one‑third of $451 is $150.33, rounded to $151. But if the member pays for meals and incidentals, they may lose out compared to staying in commercial accommodation where the full rate is $451. The rule assumes lower costs, but some members may incur high meal costs while staying with friends.

Seventh, the higher accommodation cost certification (section 13) requires the Secretary to certify “unavoidable” higher cost due to unavailability of reasonable standard accommodation. The member bears the risk that the Secretary may not certify, leaving them to pay the excess. The formula deducts the meal/incidental total (e.g., $188 from $451 = $263 accommodation component) and then pays the excess over that $263. So if the hotel costs $350 per night, the additional payment is only $87. The member still pays $87 out of pocket compared to the allowance. The certification is discretionary.

Eighth, the delegation power in section 16 is limited to SES employees (Senior Executive Service) or acting SES employees. This excludes APS 6 or EL‑level staff who might handle travel claims. If the Secretary does not delegate, all certifications must be done by the Secretary personally, which could create delays. If the Secretary delegates to only a few SES officers, there may be bottlenecks.

Ninth, the rates in Tables 1 and 2 are fixed. There is no escalation for peak periods, special events, or remote locations. The Yulara rate of $757 is an outlier, but other remote centres like Horn Island ($532) and Thursday Island ($510) also have high rates. However, a member travelling to a non‑listed country centre gets only $350 per night, which may be insufficient for some regional towns.

Tenth, the group 2 country centres in Table 5 are counterintuitive. These are named centres that appear in Table 2 with specific rates, yet they are not treated as “high cost centres” for meal/incidental purposes. Instead they fall under the lower Table 4 components. A member travelling to Albury, which has a Table 2 rate of $369, will have only $163 meal/incidental component if accommodation is paid by a third party, rather than $188. The rationale is unclear from the instrument. Members and administrators must check Table 5 before assuming a centre is high cost.

Compliance with these regulations requires attention to both substantive and procedural steps.

First, a committee member must ensure that any travel claimed is “official travel” as defined: either travel to a committee meeting or other travel related to the committee’s functions. The member should obtain confirmation from the Chair or the Department that the travel is authorised and within the committee’s work plan. Personal trips that coincide with committee meetings should be documented to separate non‑official days.

Second, the member must use the Department’s preferred provider arrangements for flights, accommodation, and possibly car hire where such arrangements exist. The member should check with the Department’s travel unit before booking. If preferred providers are not available or are not suitable, the member should seek prior written approval from the Department to use alternative providers. Without that approval, the entitlement to allowance may be lost.

Third, the member must not use frequent flyer points accrued on Commonwealth‑paid travel for personal purposes. The practical step is to keep a separate record of points earned on official travel and to use those points only for future official travel, or to forego personal use entirely. Some government travel policies require the member to credit points to the Commonwealth, but these regulations only prohibit private use, not require assignment.

Fourth, when claiming meals and accommodation allowance, the member must determine whether the travel requires an overnight absence. Day travel attracts no allowance. For overnight travel, the member must identify whether they stay in commercial accommodation, non‑commercial accommodation, or whether accommodation or meals are provided by a third party. The correct rate from Tables 1 or 2, and the correct meal/incidental components from Tables 3 or 4, must be applied.

Fifth, the member must not claim under any other source for the same travel. Before claiming, the member should confirm they have not and will not claim travel allowance, reimbursement, or indemnity from any other entity. If another entity pays for accommodation or meals directly, that fact must be disclosed so that the allowance is properly reduced under section 11.

Sixth, if higher accommodation costs are unavoidable (e.g., due to a major event or remote location), the member must seek the Secretary’s certification in advance or as soon as possible. The member should provide evidence of unavailability of reasonable standard accommodation at the applicable rate. The Secretary’s discretion is not guaranteed.

Seventh, if the member is absent for more than three meal periods (e.g., a long trip involving early departure and late return), they may claim additional meals under section 14. The member must provide evidence that actual meal costs exceeded the meal component for the absence. The Secretary must certify the additional payment.

Eighth, the Department must establish administrative guidelines as contemplated by section 6(5)(c). Those guidelines should cover booking procedures, which preferred providers are in place, how to handle mixed‑purpose travel, reporting of third‑party payments, and documentation requirements. The Department should also maintain a register of frequent flyer points use, though the regulations do not mandate this.

Ninth, the Secretary should consider delegating certification powers to sufficient SES officers to avoid delays. The delegation must be in writing and must specify any directions. Delegates must have access to the same information as the Secretary to make consistent decisions.

Tenth, both members and administrators should be aware that the rates are fixed and not indexed. If the committee continues for several years, the Department should monitor whether the rates remain adequate for actual costs and recommend amendments if necessary. Failure to update could result in members either losing money or (if rates are too high) gaining a windfall, contrary to the no‑gain principle.

Finally, record‑keeping is essential. Members should keep receipts for all travel expenses, even though the allowance is a flat rate, because the no‑gain principle and part‑payment rules require accurate information about what was paid and by whom. The Department should retain certification documents and delegation instruments for audit purposes.