Part 1
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Act prescribes the non‑salary benefits available to Members, Ministers and parliamentary office‑holders (set out in Schedule 1) and creates mechanisms for additional benefits, injury compensation and travel‑related rules. The Consolidated Revenue Fund meets payments (s11); the Remuneration Tribunal, the Minister and the Governor‑General (regulations) can vary benefits (ss5,9,12); the Secretary administers recovery and delegation powers (ss10A,10C,10D,11A). It also creates recoverable debts and a 25% loading for certain improper travel claims (Div.2).
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Direct links to the current provisions in Parliamentary Entitlements Act 1990.
This Act may be cited as the Parliamentary Entitlements Act 1990.
This Act commences on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
amount, in relation to a benefit, includes any quantity, frequency or other limitation expressed in numbers (other than numbers of persons).
benefit means a benefit provided by or under this Act.
claim means a claim or request for a benefit that is made to the Commonwealth.
Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.
cost of travel means the cost of fares, accommodation, meals and incidentals.
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
dependent child, in relation to a Senior Officer, means:
(a) a person under 16 who:
(i) is in the custody, care and control of the Officer or is a person to whom the Officer has access; or
(ii) where no other person has the custody, care and control of the person—is wholly or substantially in the care and control of the Officer; or
(b) a person who is:
(i) at least 16 but under 18;
(ii) receiving full‑time education at a school, college or university; and
(iii) wholly or substantially dependent upon the Officer.
incidentals includes the cost of transport.
leader of a minority party means the leader of a recognised non‑Government party of at least 5 members, but does not include an Opposition Office Holder, and deputy leader of a minority party has a corresponding meaning.
member means a member of either House of the Parliament.
Opposition Office Holder means:
(a) the Leader or Deputy Leader of the Opposition in the House of Representatives; or
(b) the Leader or Deputy Leader of the Opposition in the Senate.
Parliamentary injury compensation scheme means the scheme formulated under section 9A.
Parliamentary office‑holder means a person holding a particular office, or performing particular functions, in or in relation to the Parliament or either House of the Parliament.
prescribed travel benefit means a benefit covered by a determination under section 10B.
Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.
provides goods, services or facilities: the Commonwealth provides goods, services or facilities if:
(a) the Commonwealth itself provides the goods, services or facilities; or
(b) the Commonwealth pays for the provision of the goods, services or facilities by another person (whether or not pursuant to an arrangement between the other person and the Commonwealth).
Scheduled benefit means a benefit set out in Schedule 1.
Secretary means the Secretary of the Department.
Senior Officer means a Minister, an Opposition Office Holder or a Presiding Officer.
spouse of a member includes a de facto partner of the member within the meaning of the Acts Interpretation Act 1901.
year means a financial year, and annual has a corresponding meaning.
An Act relating to the provision of benefits to Members of each House of the Parliament
This Act may be cited as the Parliamentary Entitlements Act 1990.
This Act commences on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
amount, in relation to a benefit, includes any quantity, frequency or other limitation expressed in numbers (other than numbers of persons).
benefit means a benefit provided by or under this Act.
claim means a claim or request for a benefit that is made to the Commonwealth.
Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.
cost of travel means the cost of fares, accommodation, meals and incidentals.
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
dependent child, in relation to a Senior Officer, means:
(a) a person under 16 who:
(i) is in the custody, care and control of the Officer or is a person to whom the Officer has access; or
(ii) where no other person has the custody, care and control of the person—is wholly or substantially in the care and control of the Officer; or
(b) a person who is:
(i) at least 16 but under 18;
(ii) receiving full‑time education at a school, college or university; and
(iii) wholly or substantially dependent upon the Officer.
incidentals includes the cost of transport.
leader of a minority party means the leader of a recognised non‑Government party of at least 5 members, but does not include an Opposition Office Holder, and deputy leader of a minority party has a corresponding meaning.
member means a member of either House of the Parliament.
Opposition Office Holder means:
(a) the Leader or Deputy Leader of the Opposition in the House of Representatives; or
(b) the Leader or Deputy Leader of the Opposition in the Senate.
Parliamentary injury compensation scheme means the scheme formulated under section 9A.
Parliamentary office‑holder means a person holding a particular office, or performing particular functions, in or in relation to the Parliament or either House of the Parliament.
prescribed travel benefit means a benefit covered by a determination under section 10B.
Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.
provides goods, services or facilities: the Commonwealth provides goods, services or facilities if:
(a) the Commonwealth itself provides the goods, services or facilities; or
(b) the Commonwealth pays for the provision of the goods, services or facilities by another person (whether or not pursuant to an arrangement between the other person and the Commonwealth).
Scheduled benefit means a benefit set out in Schedule 1.
Secretary means the Secretary of the Department.
Senior Officer means a Minister, an Opposition Office Holder or a Presiding Officer.
spouse of a member includes a de facto partner of the member within the meaning of the Acts Interpretation Act 1901.
year means a financial year, and annual has a corresponding meaning.
(1) Members are entitled to benefits as set out in Part 1 of Schedule 1. (2) Parliamentary office‑holders and Ministers are entitled to benefits as set out in Part 2 of Schedule 1. (3) Benefits under subsection (2) are in addition to benefits under subsection (1). (4) Benefits under this Act do not limit: (a) benefits under any other law; or (b) benefits afforded by the Government to a Minister for the purpose of carrying out functions as a Minister.
(1) Members, Parliamentary office‑holders and Ministers are entitled to such additional benefits as are: (a) determined by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973; or (b) prescribed by the regulations. (2) Subsection (1) does not extend to a benefit in the nature of remuneration. (3) Members are entitled to the benefits prescribed by the Parliamentary injury compensation scheme.
(1) If: (a) a person becomes a member or a Parliamentary office‑holder during a financial year; and (b) a benefit to which the person is entitled is limited to an annual amount; then, during that year, the person is entitled only to a proportionate amount of that benefit worked out by the formula: View image in the official source (2) An amount so worked out must be rounded to the nearest whole number that is greater than zero.
(1) A person is entitled to a benefit (other than a benefit for a Parliamentary office‑holder or a Minister) during the whole time when the person is entitled to an allowance under the Parliamentary Allowances Act 1952. (2) A person is entitled to a benefit for a Parliamentary office‑holder only so long as the person is a Parliamentary office‑holder. (3) A person is entitled to a benefit for a Minister only so long as the person is a Minister. (4) A person may make use of the full annual amount of a benefit before the end of the relevant financial year.
(1) A person must not make a claim for a benefit that is in excess of entitlement (whether wholly or partly).
Note: If a person contravenes this section in relation to a claim for a prescribed travel benefit, a penalty may apply: see section 10C.
(2) In determining whether a claim is made in contravention of subsection (1), disregard section 10A. (3) A contravention of subsection (1) in relation to a claim does not of itself prevent the provision of a benefit pursuant to the claim.
Note: A benefit that is in accordance with entitlement may be provided pursuant to the claim. If a benefit in excess of entitlement is purportedly provided, an amount will be recoverable under section 10A.
(1) A Scheduled benefit may be varied or omitted by determination by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973. (2) A Scheduled benefit may be varied or omitted by the regulations. (3) A determination or regulations made under this section may make such consequential and transitional provisions as are necessary.
(1) The Minister may, by legislative instrument, formulate a scheme (the Parliamentary injury compensation scheme) for and in relation to any of the following: (a) compensation or other benefits in relation to any thing that, under the scheme, is taken to be: (i) an injury or disease, or an aggravation of an injury or disease, suffered by a member in connection with the member’s activities as a member, Parliamentary office‑holder or Minister; or (ii) an injury or disease, or an aggravation of an injury or disease, suffered by the spouse of the Prime Minister in connection with the spouse’s official activities as the spouse of the Prime Minister; or (iii) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by a member, that occurs in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or (iv) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the spouse of the Prime Minister, that occurs in the course of the spouse’s official activities as the spouse of the Prime Minister; (b) the provision of services, facilities or equipment intended to eliminate or minimise: (i) risks to the health or safety of a member arising in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or (ii) risks to the health or safety of the spouse of the Prime Minister arising in the course of the spouse’s official activities as the spouse of the Prime Minister; (c) ancillary or incidental matters.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) Without limiting subsection (1), the scheme may do any of the following: (a) confer functions and powers on Comcare in relation to the scheme; (b) provide for conditions and restrictions on eligibility or continuing eligibility for compensation or other benefits under the scheme (such as conditions requiring a person to undergo rehabilitation or medical examination); (c) apply in relation to an injury or disease, or an aggravation of an injury or disease, suffered by a person who is or has been a member, or the spouse of the Prime Minister, in connection with an activity engaged in in accordance with the scheme; (d) provide for compensation or other benefits under the scheme to be payable to persons other than members; (e) require an amount of money paid under the scheme to be repaid in the circumstances set out in the scheme; (f) provide for Comcare, on behalf of the Commonwealth, to recover, set off, write off or waive debts arising under the scheme; (g) require a person to give information or documents to Comcare for the purposes of the scheme; (h) require a person to notify Comcare of a matter or event set out in the scheme; (i) prescribe penalties, not exceeding 10 penalty units, for offences relating to failing to notify Comcare of matters or events set out in the scheme; (j) provide for review of decisions made under the scheme, including by providing for the Administrative Appeals Tribunal Act 1975 to apply in relation to decisions made under the scheme with the modifications specified in the scheme; (k) in relation to an injury, disease or aggravation, or loss or damage, referred to in paragraph (1)(a): (i) limit the right of a person to bring an action or other proceeding for damages, against the Commonwealth or a person specified in the scheme, in respect of the injury, disease, aggravation, loss or damage; or (ii) provide for Comcare to make a claim for damages in the name of a person, or to take over the conduct of an action or other proceeding, in respect of the injury, disease, aggravation, loss or damage; or (iii) require that an amount that has been, or is to be, paid (otherwise than under the scheme) to a person in respect of the injury, disease, aggravation, loss or damage be paid to the Commonwealth; (l) confer on the Minister a power to make a legislative instrument for the purposes of the scheme. (3) For the purposes of the Safety, Rehabilitation and Compensation Act 1988, a function conferred on Comcare by the scheme is taken to be a function conferred by this Act.
Note: See paragraph 69(g) of the Safety, Rehabilitation and Compensation Act 1988.
(4) The scheme may apply in relation to: (a) an injury or disease referred to in subparagraph (1)(a)(i) or (ii) that is suffered in connection with an activity occurring on or after 1 January 2016; or (b) an aggravation, referred to in subparagraph (1)(a)(i) or (ii), of an injury or disease, if the aggravation is suffered in connection with an activity occurring on or after 1 January 2016 (whether the injury or disease was suffered in connection with an activity occurring before, on or after that day); or (c) loss or damage referred to in subparagraph (1)(a)(iii) or (iv) that occurs on or after 1 January 2016. (5) This section, and the scheme, extends to all places outside Australia, including the external Territories.
(1) Where the regulations are inconsistent with a determination by the Remuneration Tribunal under paragraph 5(1)(a) or subsection 9(1), the regulations prevail and the determination is void to the extent of the inconsistency. (2) Where the regulations are intended to cover the whole field in relation to a particular subject matter, then, for the purposes of subsection (1), any provision of a determination that deals with that subject matter is taken to be inconsistent with the regulations, whether or not they are capable of operating concurrently.
Purported benefits consisting of payments of amounts of money (1) If, apart from this subsection and paragraph 11(b), the Commonwealth does not have power under this Act to make a payment of an amount purportedly by way of benefit to a person (the recipient), then: (a) the Commonwealth has the power to make the payment; and (b) for the purpose of section 11, the payment is taken to be a payment of benefits; and (c) the amount of the payment: (i) is a debt due to the Commonwealth by the recipient; and (ii) may be recovered by action in a court of competent jurisdiction.
Note: If the purported benefit is a prescribed travel benefit, a loading may also apply: see Division 2.
Purported benefits consisting of goods, services or facilities (2) If, apart from this subsection and paragraph 11(b), the Commonwealth does not have power under this Act to provide goods, services or facilities purportedly by way of benefit to a person (the recipient), then: (a) the Commonwealth has the power to provide the goods, services or facilities; and (b) for the purpose of section 11, a payment by the Commonwealth of the costs of providing the goods, services or facilities is taken to be a payment of costs of benefits; and (c) the amount of such a payment: (i) is a debt due to the Commonwealth by the recipient; and (ii) may be recovered by action in a court of competent jurisdiction.
Note: If the purported benefit is a prescribed travel benefit, a loading may also apply: see Division 2.
(3) The reference in subsection (2) to the Commonwealth not having power to provide goods, services or facilities purportedly by way of benefit includes a reference to the Commonwealth only having power to provide lower‑cost goods, services or facilities. In this situation, paragraph (2)(c) applies to the amount by which the payment of costs exceeds what it would have been if the lower‑cost goods, services or facilities had instead been provided. Alternative method of recovery: reduction of future benefits (4) If: (a) an amount is recoverable as a debt under paragraph (1)(c) or (2)(c) from the recipient; and (b) an amount is payable to the recipient by way of benefit; then: (c) the debt; or (d) such part of the debt as the Secretary determines; may, if the Secretary so directs, be recovered by deduction from the amount referred to in paragraph (b) of this subsection. (5) The Secretary is required to consult the recipient before directing that the debt, or part of the debt, be recovered as mentioned in subsection (4). How this section applies to entitlements that relate to activities of another person (otherwise than as a member of staff) (6) For the purpose of this section, if: (a) a payment is made, or goods, services or facilities are provided, purportedly in respect of an entitlement of a person (the first person) to a benefit under this Act; and (b) the purported benefit relates to activities of another person, other than activities as a member of staff of the first person; then the payment, or the provision of goods, services or facilities, constitutes a payment or provision that is purportedly by way of benefit to the first person (rather than the other person).
Note: For example, if a benefit relates to travel of the first person’s spouse, any debt under this section in relation to the purported provision of such a benefit is recoverable from the first person (rather than the spouse).
(1) The Minister may, by legislative instrument, determine that a specified benefit in respect of travel is a prescribed travel benefit. (2) A benefit may be specified by reference to a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.
Note: This subsection is not intended to be an exhaustive statement of the ways in which a benefit could be specified.
When this section applies (1) This section applies if: (a) a person (the recipient) makes a claim for a prescribed travel benefit in contravention of section 7A; and (b) the Commonwealth pays an amount, or provides goods, services or facilities, purportedly by way of prescribed travel benefit, pursuant to the claim; and (c) either: (i) the amount of the payment exceeds the amount (if any) to which the recipient was entitled; or (ii) the Commonwealth’s costs of providing the goods, services or facilities exceed what they would have been if the goods, services or facilities (if any) to which the recipient was entitled had instead been provided; and (d) the excess was not attributable, to any extent, to administrative error within the Department. (2) In determining the amount of the payment, or the goods, services or facilities, to which the recipient was entitled, disregard section 10A. Excess to be reduced by any repayment made to Commonwealth within 28 days of claim (3) This section applies to the amount of the excess referred to in subparagraph (1)(c)(i) or (ii), reduced by any part of that excess that is repaid to the Commonwealth, by or on behalf of the recipient, before the end of 28 days after the day the claim was made.
Note: If the whole of the excess is repaid within the 28 day period, then there is no amount to which this section applies.
Loading payable as a penalty for the contravention of section 7A (4) The recipient is liable to pay the Commonwealth, by way of penalty for the contravention of section 7A, an amount equal to 25% of the amount to which this section applies. (5) The amount of the penalty: (a) is a debt due to the Commonwealth by the recipient; and (b) may be recovered by action in a court of competent jurisdiction. Alternative method of recovery: reduction of future benefits (6) If: (a) an amount is recoverable as a debt under subsection (5) from the recipient; and (b) an amount is payable to the recipient by way of benefit; then: (c) the amount of the debt; or (d) such part of the debt as the Secretary determines; may, if the Secretary so directs, be recovered by deduction from the amount referred to in paragraph (b) of this subsection. (7) The Secretary is required to consult the recipient before directing that the debt, or part of the debt, be recovered as mentioned in subsection (6).
When this section applies (1) This section applies if: (a) the Commonwealth pays an amount, or provides goods, services or facilities, purportedly by way of prescribed travel benefit, to a person (the recipient) pursuant to a claim; and (b) the recipient, or a person acting on behalf of the recipient, makes a repayment to the Commonwealth of some or all of the payment, or the cost of providing the goods, services or facilities; and (c) the repayment is made more than 28 days after the day the claim was made; and (d) the repayment is not of an amount attributable, to any extent, to administrative error within the Department; and (e) section 10C does not apply. Reduction of future benefits (2) If an amount is payable to the recipient by way of benefit, then: (a) an amount (the loading amount) equal to 25% of the repayment; or (b) such part of the loading amount as the Secretary determines; may, if the Secretary so directs, be deducted from the amount that is so payable to the recipient. (3) The Secretary is required to consult the recipient before directing that the loading amount, or part of the loading amount, be deducted as mentioned in subsection (2). Effect of voluntary payment of loading amount (4) If an amount is paid to the Commonwealth, by or on behalf of the recipient, in respect of the loading amount, the total amount that may be deducted under subsection (2) is reduced by the amount of the payment.
The Consolidated Revenue Fund is appropriated for the purposes of: (a) making payments of benefits or of costs of benefits; and (b) making other payments in the course of the administration of this Act.
(1) The Secretary may, by writing, delegate all or any of his or her powers under this Act to an SES employee, or an acting SES employee, in the Department. (2) In exercising powers under a delegation, the delegate must comply with any directions of the Secretary.
The Governor‑General may make regulations for the purposes of paragraph 5(1)(b) and section 9.
An Act relating to the provision of benefits to Members of each House of the Parliament
This Act may be cited as the Parliamentary Entitlements Act 1990.
This Act commences on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
amount, in relation to a benefit, includes any quantity, frequency or other limitation expressed in numbers (other than numbers of persons).
benefit means a benefit provided by or under this Act.
claim means a claim or request for a benefit that is made to the Commonwealth.
Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.
cost of travel means the cost of fares, accommodation, meals and incidentals.
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
dependent child, in relation to a Senior Officer, means:
(a) a person under 16 who:
(i) is in the custody, care and control of the Officer or is a person to whom the Officer has access; or
(ii) where no other person has the custody, care and control of the person—is wholly or substantially in the care and control of the Officer; or
(b) a person who is:
(i) at least 16 but under 18;
(ii) receiving full‑time education at a school, college or university; and
(iii) wholly or substantially dependent upon the Officer.
incidentals includes the cost of transport.
leader of a minority party means the leader of a recognised non‑Government party of at least 5 members, but does not include an Opposition Office Holder, and deputy leader of a minority party has a corresponding meaning.
member means a member of either House of the Parliament.
Opposition Office Holder means:
(a) the Leader or Deputy Leader of the Opposition in the House of Representatives; or
(b) the Leader or Deputy Leader of the Opposition in the Senate.
Parliamentary injury compensation scheme means the scheme formulated under section 9A.
Parliamentary office‑holder means a person holding a particular office, or performing particular functions, in or in relation to the Parliament or either House of the Parliament.
prescribed travel benefit means a benefit covered by a determination under section 10B.
Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.
provides goods, services or facilities: the Commonwealth provides goods, services or facilities if:
(a) the Commonwealth itself provides the goods, services or facilities; or
(b) the Commonwealth pays for the provision of the goods, services or facilities by another person (whether or not pursuant to an arrangement between the other person and the Commonwealth).
Scheduled benefit means a benefit set out in Schedule 1.
Secretary means the Secretary of the Department.
Senior Officer means a Minister, an Opposition Office Holder or a Presiding Officer.
spouse of a member includes a de facto partner of the member within the meaning of the Acts Interpretation Act 1901.
year means a financial year, and annual has a corresponding meaning.
(1) Members are entitled to benefits as set out in Part 1 of Schedule 1. (2) Parliamentary office‑holders and Ministers are entitled to benefits as set out in Part 2 of Schedule 1. (3) Benefits under subsection (2) are in addition to benefits under subsection (1). (4) Benefits under this Act do not limit: (a) benefits under any other law; or (b) benefits afforded by the Government to a Minister for the purpose of carrying out functions as a Minister.
(1) Members, Parliamentary office‑holders and Ministers are entitled to such additional benefits as are: (a) determined by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973; or (b) prescribed by the regulations. (2) Subsection (1) does not extend to a benefit in the nature of remuneration. (3) Members are entitled to the benefits prescribed by the Parliamentary injury compensation scheme.
(1) If: (a) a person becomes a member or a Parliamentary office‑holder during a financial year; and (b) a benefit to which the person is entitled is limited to an annual amount; then, during that year, the person is entitled only to a proportionate amount of that benefit worked out by the formula: View image in the official source (2) An amount so worked out must be rounded to the nearest whole number that is greater than zero.
(1) A person is entitled to a benefit (other than a benefit for a Parliamentary office‑holder or a Minister) during the whole time when the person is entitled to an allowance under the Parliamentary Allowances Act 1952. (2) A person is entitled to a benefit for a Parliamentary office‑holder only so long as the person is a Parliamentary office‑holder. (3) A person is entitled to a benefit for a Minister only so long as the person is a Minister. (4) A person may make use of the full annual amount of a benefit before the end of the relevant financial year.
(1) A person must not make a claim for a benefit that is in excess of entitlement (whether wholly or partly).
Note: If a person contravenes this section in relation to a claim for a prescribed travel benefit, a penalty may apply: see section 10C.
(2) In determining whether a claim is made in contravention of subsection (1), disregard section 10A. (3) A contravention of subsection (1) in relation to a claim does not of itself prevent the provision of a benefit pursuant to the claim.
Note: A benefit that is in accordance with entitlement may be provided pursuant to the claim. If a benefit in excess of entitlement is purportedly provided, an amount will be recoverable under section 10A.
(1) A Scheduled benefit may be varied or omitted by determination by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973. (2) A Scheduled benefit may be varied or omitted by the regulations. (3) A determination or regulations made under this section may make such consequential and transitional provisions as are necessary.
(1) The Minister may, by legislative instrument, formulate a scheme (the Parliamentary injury compensation scheme) for and in relation to any of the following: (a) compensation or other benefits in relation to any thing that, under the scheme, is taken to be: (i) an injury or disease, or an aggravation of an injury or disease, suffered by a member in connection with the member’s activities as a member, Parliamentary office‑holder or Minister; or (ii) an injury or disease, or an aggravation of an injury or disease, suffered by the spouse of the Prime Minister in connection with the spouse’s official activities as the spouse of the Prime Minister; or (iii) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by a member, that occurs in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or (iv) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the spouse of the Prime Minister, that occurs in the course of the spouse’s official activities as the spouse of the Prime Minister; (b) the provision of services, facilities or equipment intended to eliminate or minimise: (i) risks to the health or safety of a member arising in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or (ii) risks to the health or safety of the spouse of the Prime Minister arising in the course of the spouse’s official activities as the spouse of the Prime Minister; (c) ancillary or incidental matters.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) Without limiting subsection (1), the scheme may do any of the following: (a) confer functions and powers on Comcare in relation to the scheme; (b) provide for conditions and restrictions on eligibility or continuing eligibility for compensation or other benefits under the scheme (such as conditions requiring a person to undergo rehabilitation or medical examination); (c) apply in relation to an injury or disease, or an aggravation of an injury or disease, suffered by a person who is or has been a member, or the spouse of the Prime Minister, in connection with an activity engaged in in accordance with the scheme; (d) provide for compensation or other benefits under the scheme to be payable to persons other than members; (e) require an amount of money paid under the scheme to be repaid in the circumstances set out in the scheme; (f) provide for Comcare, on behalf of the Commonwealth, to recover, set off, write off or waive debts arising under the scheme; (g) require a person to give information or documents to Comcare for the purposes of the scheme; (h) require a person to notify Comcare of a matter or event set out in the scheme; (i) prescribe penalties, not exceeding 10 penalty units, for offences relating to failing to notify Comcare of matters or events set out in the scheme; (j) provide for review of decisions made under the scheme, including by providing for the Administrative Appeals Tribunal Act 1975 to apply in relation to decisions made under the scheme with the modifications specified in the scheme; (k) in relation to an injury, disease or aggravation, or loss or damage, referred to in paragraph (1)(a): (i) limit the right of a person to bring an action or other proceeding for damages, against the Commonwealth or a person specified in the scheme, in respect of the injury, disease, aggravation, loss or damage; or (ii) provide for Comcare to make a claim for damages in the name of a person, or to take over the conduct of an action or other proceeding, in respect of the injury, disease, aggravation, loss or damage; or (iii) require that an amount that has been, or is to be, paid (otherwise than under the scheme) to a person in respect of the injury, disease, aggravation, loss or damage be paid to the Commonwealth; (l) confer on the Minister a power to make a legislative instrument for the purposes of the scheme. (3) For the purposes of the Safety, Rehabilitation and Compensation Act 1988, a function conferred on Comcare by the scheme is taken to be a function conferred by this Act.
Note: See paragraph 69(g) of the Safety, Rehabilitation and Compensation Act 1988.
(4) The scheme may apply in relation to: (a) an injury or disease referred to in subparagraph (1)(a)(i) or (ii) that is suffered in connection with an activity occurring on or after 1 January 2016; or (b) an aggravation, referred to in subparagraph (1)(a)(i) or (ii), of an injury or disease, if the aggravation is suffered in connection with an activity occurring on or after 1 January 2016 (whether the injury or disease was suffered in connection with an activity occurring before, on or after that day); or (c) loss or damage referred to in subparagraph (1)(a)(iii) or (iv) that occurs on or after 1 January 2016. (5) This section, and the scheme, extends to all places outside Australia, including the external Territories.
(1) Where the regulations are inconsistent with a determination by the Remuneration Tribunal under paragraph 5(1)(a) or subsection 9(1), the regulations prevail and the determination is void to the extent of the inconsistency. (2) Where the regulations are intended to cover the whole field in relation to a particular subject matter, then, for the purposes of subsection (1), any provision of a determination that deals with that subject matter is taken to be inconsistent with the regulations, whether or not they are capable of operating concurrently.
Purported benefits consisting of payments of amounts of money (1) If, apart from this subsection and paragraph 11(b), the Commonwealth does not have power under this Act to make a payment of an amount purportedly by way of benefit to a person (the recipient), then: (a) the Commonwealth has the power to make the payment; and (b) for the purpose of section 11, the payment is taken to be a payment of benefits; and (c) the amount of the payment: (i) is a debt due to the Commonwealth by the recipient; and (ii) may be recovered by action in a court of competent jurisdiction.
Note: If the purported benefit is a prescribed travel benefit, a loading may also apply: see Division 2.
Purported benefits consisting of goods, services or facilities (2) If, apart from this subsection and paragraph 11(b), the Commonwealth does not have power under this Act to provide goods, services or facilities purportedly by way of benefit to a person (the recipient), then: (a) the Commonwealth has the power to provide the goods, services or facilities; and (b) for the purpose of section 11, a payment by the Commonwealth of the costs of providing the goods, services or facilities is taken to be a payment of costs of benefits; and (c) the amount of such a payment: (i) is a debt due to the Commonwealth by the recipient; and (ii) may be recovered by action in a court of competent jurisdiction.
Note: If the purported benefit is a prescribed travel benefit, a loading may also apply: see Division 2.
(3) The reference in subsection (2) to the Commonwealth not having power to provide goods, services or facilities purportedly by way of benefit includes a reference to the Commonwealth only having power to provide lower‑cost goods, services or facilities. In this situation, paragraph (2)(c) applies to the amount by which the payment of costs exceeds what it would have been if the lower‑cost goods, services or facilities had instead been provided. Alternative method of recovery: reduction of future benefits (4) If: (a) an amount is recoverable as a debt under paragraph (1)(c) or (2)(c) from the recipient; and (b) an amount is payable to the recipient by way of benefit; then: (c) the debt; or (d) such part of the debt as the Secretary determines; may, if the Secretary so directs, be recovered by deduction from the amount referred to in paragraph (b) of this subsection. (5) The Secretary is required to consult the recipient before directing that the debt, or part of the debt, be recovered as mentioned in subsection (4). How this section applies to entitlements that relate to activities of another person (otherwise than as a member of staff) (6) For the purpose of this section, if: (a) a payment is made, or goods, services or facilities are provided, purportedly in respect of an entitlement of a person (the first person) to a benefit under this Act; and (b) the purported benefit relates to activities of another person, other than activities as a member of staff of the first person; then the payment, or the provision of goods, services or facilities, constitutes a payment or provision that is purportedly by way of benefit to the first person (rather than the other person).
Note: For example, if a benefit relates to travel of the first person’s spouse, any debt under this section in relation to the purported provision of such a benefit is recoverable from the first person (rather than the spouse).
(1) The Minister may, by legislative instrument, determine that a specified benefit in respect of travel is a prescribed travel benefit. (2) A benefit may be specified by reference to a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.
Note: This subsection is not intended to be an exhaustive statement of the ways in which a benefit could be specified.
When this section applies (1) This section applies if: (a) a person (the recipient) makes a claim for a prescribed travel benefit in contravention of section 7A; and (b) the Commonwealth pays an amount, or provides goods, services or facilities, purportedly by way of prescribed travel benefit, pursuant to the claim; and (c) either: (i) the amount of the payment exceeds the amount (if any) to which the recipient was entitled; or (ii) the Commonwealth’s costs of providing the goods, services or facilities exceed what they would have been if the goods, services or facilities (if any) to which the recipient was entitled had instead been provided; and (d) the excess was not attributable, to any extent, to administrative error within the Department. (2) In determining the amount of the payment, or the goods, services or facilities, to which the recipient was entitled, disregard section 10A. Excess to be reduced by any repayment made to Commonwealth within 28 days of claim (3) This section applies to the amount of the excess referred to in subparagraph (1)(c)(i) or (ii), reduced by any part of that excess that is repaid to the Commonwealth, by or on behalf of the recipient, before the end of 28 days after the day the claim was made.
Note: If the whole of the excess is repaid within the 28 day period, then there is no amount to which this section applies.
Loading payable as a penalty for the contravention of section 7A (4) The recipient is liable to pay the Commonwealth, by way of penalty for the contravention of section 7A, an amount equal to 25% of the amount to which this section applies. (5) The amount of the penalty: (a) is a debt due to the Commonwealth by the recipient; and (b) may be recovered by action in a court of competent jurisdiction. Alternative method of recovery: reduction of future benefits (6) If: (a) an amount is recoverable as a debt under subsection (5) from the recipient; and (b) an amount is payable to the recipient by way of benefit; then: (c) the amount of the debt; or (d) such part of the debt as the Secretary determines; may, if the Secretary so directs, be recovered by deduction from the amount referred to in paragraph (b) of this subsection. (7) The Secretary is required to consult the recipient before directing that the debt, or part of the debt, be recovered as mentioned in subsection (6).
When this section applies (1) This section applies if: (a) the Commonwealth pays an amount, or provides goods, services or facilities, purportedly by way of prescribed travel benefit, to a person (the recipient) pursuant to a claim; and (b) the recipient, or a person acting on behalf of the recipient, makes a repayment to the Commonwealth of some or all of the payment, or the cost of providing the goods, services or facilities; and (c) the repayment is made more than 28 days after the day the claim was made; and (d) the repayment is not of an amount attributable, to any extent, to administrative error within the Department; and (e) section 10C does not apply. Reduction of future benefits (2) If an amount is payable to the recipient by way of benefit, then: (a) an amount (the loading amount) equal to 25% of the repayment; or (b) such part of the loading amount as the Secretary determines; may, if the Secretary so directs, be deducted from the amount that is so payable to the recipient. (3) The Secretary is required to consult the recipient before directing that the loading amount, or part of the loading amount, be deducted as mentioned in subsection (2). Effect of voluntary payment of loading amount (4) If an amount is paid to the Commonwealth, by or on behalf of the recipient, in respect of the loading amount, the total amount that may be deducted under subsection (2) is reduced by the amount of the payment.
The Consolidated Revenue Fund is appropriated for the purposes of: (a) making payments of benefits or of costs of benefits; and (b) making other payments in the course of the administration of this Act.
(1) The Secretary may, by writing, delegate all or any of his or her powers under this Act to an SES employee, or an acting SES employee, in the Department. (2) In exercising powers under a delegation, the delegate must comply with any directions of the Secretary.
The Governor‑General may make regulations for the purposes of paragraph 5(1)(b) and section 9.
(1) Members are entitled to benefits as set out in Part 1 of Schedule 1. (2) Parliamentary office‑holders and Ministers are entitled to benefits as set out in Part 2 of Schedule 1. (3) Benefits under subsection (2) are in addition to benefits under subsection (1). (4) Benefits under this Act do not limit: (a) benefits under any other law; or (b) benefits afforded by the Government to a Minister for the purpose of carrying out functions as a Minister.
(1) Members, Parliamentary office‑holders and Ministers are entitled to such additional benefits as are: (a) determined by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973; or (b) prescribed by the regulations. (2) Subsection (1) does not extend to a benefit in the nature of remuneration. (3) Members are entitled to the benefits prescribed by the Parliamentary injury compensation scheme.
(1) If: (a) a person becomes a member or a Parliamentary office‑holder during a financial year; and (b) a benefit to which the person is entitled is limited to an annual amount; then, during that year, the person is entitled only to a proportionate amount of that benefit worked out by the formula: View image in the official source (2) An amount so worked out must be rounded to the nearest whole number that is greater than zero.
(1) A person is entitled to a benefit (other than a benefit for a Parliamentary office‑holder or a Minister) during the whole time when the person is entitled to an allowance under the Parliamentary Allowances Act 1952. (2) A person is entitled to a benefit for a Parliamentary office‑holder only so long as the person is a Parliamentary office‑holder. (3) A person is entitled to a benefit for a Minister only so long as the person is a Minister. (4) A person may make use of the full annual amount of a benefit before the end of the relevant financial year.
(1) A person must not make a claim for a benefit that is in excess of entitlement (whether wholly or partly).
Note: If a person contravenes this section in relation to a claim for a prescribed travel benefit, a penalty may apply: see section 10C.
(2) In determining whether a claim is made in contravention of subsection (1), disregard section 10A. (3) A contravention of subsection (1) in relation to a claim does not of itself prevent the provision of a benefit pursuant to the claim.
Note: A benefit that is in accordance with entitlement may be provided pursuant to the claim. If a benefit in excess of entitlement is purportedly provided, an amount will be recoverable under section 10A.
(1) A Scheduled benefit may be varied or omitted by determination by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973. (2) A Scheduled benefit may be varied or omitted by the regulations. (3) A determination or regulations made under this section may make such consequential and transitional provisions as are necessary.
(1) The Minister may, by legislative instrument, formulate a scheme (the Parliamentary injury compensation scheme) for and in relation to any of the following: (a) compensation or other benefits in relation to any thing that, under the scheme, is taken to be: (i) an injury or disease, or an aggravation of an injury or disease, suffered by a member in connection with the member’s activities as a member, Parliamentary office‑holder or Minister; or (ii) an injury or disease, or an aggravation of an injury or disease, suffered by the spouse of the Prime Minister in connection with the spouse’s official activities as the spouse of the Prime Minister; or (iii) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by a member, that occurs in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or (iv) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the spouse of the Prime Minister, that occurs in the course of the spouse’s official activities as the spouse of the Prime Minister; (b) the provision of services, facilities or equipment intended to eliminate or minimise: (i) risks to the health or safety of a member arising in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or (ii) risks to the health or safety of the spouse of the Prime Minister arising in the course of the spouse’s official activities as the spouse of the Prime Minister; (c) ancillary or incidental matters.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) Without limiting subsection (1), the scheme may do any of the following: (a) confer functions and powers on Comcare in relation to the scheme; (b) provide for conditions and restrictions on eligibility or continuing eligibility for compensation or other benefits under the scheme (such as conditions requiring a person to undergo rehabilitation or medical examination); (c) apply in relation to an injury or disease, or an aggravation of an injury or disease, suffered by a person who is or has been a member, or the spouse of the Prime Minister, in connection with an activity engaged in in accordance with the scheme; (d) provide for compensation or other benefits under the scheme to be payable to persons other than members; (e) require an amount of money paid under the scheme to be repaid in the circumstances set out in the scheme; (f) provide for Comcare, on behalf of the Commonwealth, to recover, set off, write off or waive debts arising under the scheme; (g) require a person to give information or documents to Comcare for the purposes of the scheme; (h) require a person to notify Comcare of a matter or event set out in the scheme; (i) prescribe penalties, not exceeding 10 penalty units, for offences relating to failing to notify Comcare of matters or events set out in the scheme; (j) provide for review of decisions made under the scheme, including by providing for the Administrative Appeals Tribunal Act 1975 to apply in relation to decisions made under the scheme with the modifications specified in the scheme; (k) in relation to an injury, disease or aggravation, or loss or damage, referred to in paragraph (1)(a): (i) limit the right of a person to bring an action or other proceeding for damages, against the Commonwealth or a person specified in the scheme, in respect of the injury, disease, aggravation, loss or damage; or (ii) provide for Comcare to make a claim for damages in the name of a person, or to take over the conduct of an action or other proceeding, in respect of the injury, disease, aggravation, loss or damage; or (iii) require that an amount that has been, or is to be, paid (otherwise than under the scheme) to a person in respect of the injury, disease, aggravation, loss or damage be paid to the Commonwealth; (l) confer on the Minister a power to make a legislative instrument for the purposes of the scheme. (3) For the purposes of the Safety, Rehabilitation and Compensation Act 1988, a function conferred on Comcare by the scheme is taken to be a function conferred by this Act.
Note: See paragraph 69(g) of the Safety, Rehabilitation and Compensation Act 1988.
(4) The scheme may apply in relation to: (a) an injury or disease referred to in subparagraph (1)(a)(i) or (ii) that is suffered in connection with an activity occurring on or after 1 January 2016; or (b) an aggravation, referred to in subparagraph (1)(a)(i) or (ii), of an injury or disease, if the aggravation is suffered in connection with an activity occurring on or after 1 January 2016 (whether the injury or disease was suffered in connection with an activity occurring before, on or after that day); or (c) loss or damage referred to in subparagraph (1)(a)(iii) or (iv) that occurs on or after 1 January 2016. (5) This section, and the scheme, extends to all places outside Australia, including the external Territories.
(1) Where the regulations are inconsistent with a determination by the Remuneration Tribunal under paragraph 5(1)(a) or subsection 9(1), the regulations prevail and the determination is void to the extent of the inconsistency. (2) Where the regulations are intended to cover the whole field in relation to a particular subject matter, then, for the purposes of subsection (1), any provision of a determination that deals with that subject matter is taken to be inconsistent with the regulations, whether or not they are capable of operating concurrently.
Purported benefits consisting of payments of amounts of money (1) If, apart from this subsection and paragraph 11(b), the Commonwealth does not have power under this Act to make a payment of an amount purportedly by way of benefit to a person (the recipient), then: (a) the Commonwealth has the power to make the payment; and (b) for the purpose of section 11, the payment is taken to be a payment of benefits; and (c) the amount of the payment: (i) is a debt due to the Commonwealth by the recipient; and (ii) may be recovered by action in a court of competent jurisdiction.
Note: If the purported benefit is a prescribed travel benefit, a loading may also apply: see Division 2.
Purported benefits consisting of goods, services or facilities (2) If, apart from this subsection and paragraph 11(b), the Commonwealth does not have power under this Act to provide goods, services or facilities purportedly by way of benefit to a person (the recipient), then: (a) the Commonwealth has the power to provide the goods, services or facilities; and (b) for the purpose of section 11, a payment by the Commonwealth of the costs of providing the goods, services or facilities is taken to be a payment of costs of benefits; and (c) the amount of such a payment: (i) is a debt due to the Commonwealth by the recipient; and (ii) may be recovered by action in a court of competent jurisdiction.
Note: If the purported benefit is a prescribed travel benefit, a loading may also apply: see Division 2.
(3) The reference in subsection (2) to the Commonwealth not having power to provide goods, services or facilities purportedly by way of benefit includes a reference to the Commonwealth only having power to provide lower‑cost goods, services or facilities. In this situation, paragraph (2)(c) applies to the amount by which the payment of costs exceeds what it would have been if the lower‑cost goods, services or facilities had instead been provided. Alternative method of recovery: reduction of future benefits (4) If: (a) an amount is recoverable as a debt under paragraph (1)(c) or (2)(c) from the recipient; and (b) an amount is payable to the recipient by way of benefit; then: (c) the debt; or (d) such part of the debt as the Secretary determines; may, if the Secretary so directs, be recovered by deduction from the amount referred to in paragraph (b) of this subsection. (5) The Secretary is required to consult the recipient before directing that the debt, or part of the debt, be recovered as mentioned in subsection (4). How this section applies to entitlements that relate to activities of another person (otherwise than as a member of staff) (6) For the purpose of this section, if: (a) a payment is made, or goods, services or facilities are provided, purportedly in respect of an entitlement of a person (the first person) to a benefit under this Act; and (b) the purported benefit relates to activities of another person, other than activities as a member of staff of the first person; then the payment, or the provision of goods, services or facilities, constitutes a payment or provision that is purportedly by way of benefit to the first person (rather than the other person).
Note: For example, if a benefit relates to travel of the first person’s spouse, any debt under this section in relation to the purported provision of such a benefit is recoverable from the first person (rather than the spouse).
An Act relating to the provision of benefits to Members of each House of the Parliament
This Act may be cited as the Parliamentary Entitlements Act 1990.
This Act commences on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
amount, in relation to a benefit, includes any quantity, frequency or other limitation expressed in numbers (other than numbers of persons).
benefit means a benefit provided by or under this Act.
claim means a claim or request for a benefit that is made to the Commonwealth.
Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.
cost of travel means the cost of fares, accommodation, meals and incidentals.
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
dependent child, in relation to a Senior Officer, means:
(a) a person under 16 who:
(i) is in the custody, care and control of the Officer or is a person to whom the Officer has access; or
(ii) where no other person has the custody, care and control of the person—is wholly or substantially in the care and control of the Officer; or
(b) a person who is:
(i) at least 16 but under 18;
(ii) receiving full‑time education at a school, college or university; and
(iii) wholly or substantially dependent upon the Officer.
incidentals includes the cost of transport.
leader of a minority party means the leader of a recognised non‑Government party of at least 5 members, but does not include an Opposition Office Holder, and deputy leader of a minority party has a corresponding meaning.
member means a member of either House of the Parliament.
Opposition Office Holder means:
(a) the Leader or Deputy Leader of the Opposition in the House of Representatives; or
(b) the Leader or Deputy Leader of the Opposition in the Senate.
Parliamentary injury compensation scheme means the scheme formulated under section 9A.
Parliamentary office‑holder means a person holding a particular office, or performing particular functions, in or in relation to the Parliament or either House of the Parliament.
prescribed travel benefit means a benefit covered by a determination under section 10B.
Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.
provides goods, services or facilities: the Commonwealth provides goods, services or facilities if:
(a) the Commonwealth itself provides the goods, services or facilities; or
(b) the Commonwealth pays for the provision of the goods, services or facilities by another person (whether or not pursuant to an arrangement between the other person and the Commonwealth).
Scheduled benefit means a benefit set out in Schedule 1.
Secretary means the Secretary of the Department.
Senior Officer means a Minister, an Opposition Office Holder or a Presiding Officer.
spouse of a member includes a de facto partner of the member within the meaning of the Acts Interpretation Act 1901.
year means a financial year, and annual has a corresponding meaning.
(1) Members are entitled to benefits as set out in Part 1 of Schedule 1. (2) Parliamentary office‑holders and Ministers are entitled to benefits as set out in Part 2 of Schedule 1. (3) Benefits under subsection (2) are in addition to benefits under subsection (1). (4) Benefits under this Act do not limit: (a) benefits under any other law; or (b) benefits afforded by the Government to a Minister for the purpose of carrying out functions as a Minister.
(1) Members, Parliamentary office‑holders and Ministers are entitled to such additional benefits as are: (a) determined by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973; or (b) prescribed by the regulations. (2) Subsection (1) does not extend to a benefit in the nature of remuneration. (3) Members are entitled to the benefits prescribed by the Parliamentary injury compensation scheme.
(1) If: (a) a person becomes a member or a Parliamentary office‑holder during a financial year; and (b) a benefit to which the person is entitled is limited to an annual amount; then, during that year, the person is entitled only to a proportionate amount of that benefit worked out by the formula: View image in the official source (2) An amount so worked out must be rounded to the nearest whole number that is greater than zero.
(1) A person is entitled to a benefit (other than a benefit for a Parliamentary office‑holder or a Minister) during the whole time when the person is entitled to an allowance under the Parliamentary Allowances Act 1952. (2) A person is entitled to a benefit for a Parliamentary office‑holder only so long as the person is a Parliamentary office‑holder. (3) A person is entitled to a benefit for a Minister only so long as the person is a Minister. (4) A person may make use of the full annual amount of a benefit before the end of the relevant financial year.
(1) A person must not make a claim for a benefit that is in excess of entitlement (whether wholly or partly).
Note: If a person contravenes this section in relation to a claim for a prescribed travel benefit, a penalty may apply: see section 10C.
(2) In determining whether a claim is made in contravention of subsection (1), disregard section 10A. (3) A contravention of subsection (1) in relation to a claim does not of itself prevent the provision of a benefit pursuant to the claim.
Note: A benefit that is in accordance with entitlement may be provided pursuant to the claim. If a benefit in excess of entitlement is purportedly provided, an amount will be recoverable under section 10A.
(1) A Scheduled benefit may be varied or omitted by determination by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973. (2) A Scheduled benefit may be varied or omitted by the regulations. (3) A determination or regulations made under this section may make such consequential and transitional provisions as are necessary.
(1) The Minister may, by legislative instrument, formulate a scheme (the Parliamentary injury compensation scheme) for and in relation to any of the following: (a) compensation or other benefits in relation to any thing that, under the scheme, is taken to be: (i) an injury or disease, or an aggravation of an injury or disease, suffered by a member in connection with the member’s activities as a member, Parliamentary office‑holder or Minister; or (ii) an injury or disease, or an aggravation of an injury or disease, suffered by the spouse of the Prime Minister in connection with the spouse’s official activities as the spouse of the Prime Minister; or (iii) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by a member, that occurs in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or (iv) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the spouse of the Prime Minister, that occurs in the course of the spouse’s official activities as the spouse of the Prime Minister; (b) the provision of services, facilities or equipment intended to eliminate or minimise: (i) risks to the health or safety of a member arising in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or (ii) risks to the health or safety of the spouse of the Prime Minister arising in the course of the spouse’s official activities as the spouse of the Prime Minister; (c) ancillary or incidental matters.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) Without limiting subsection (1), the scheme may do any of the following: (a) confer functions and powers on Comcare in relation to the scheme; (b) provide for conditions and restrictions on eligibility or continuing eligibility for compensation or other benefits under the scheme (such as conditions requiring a person to undergo rehabilitation or medical examination); (c) apply in relation to an injury or disease, or an aggravation of an injury or disease, suffered by a person who is or has been a member, or the spouse of the Prime Minister, in connection with an activity engaged in in accordance with the scheme; (d) provide for compensation or other benefits under the scheme to be payable to persons other than members; (e) require an amount of money paid under the scheme to be repaid in the circumstances set out in the scheme; (f) provide for Comcare, on behalf of the Commonwealth, to recover, set off, write off or waive debts arising under the scheme; (g) require a person to give information or documents to Comcare for the purposes of the scheme; (h) require a person to notify Comcare of a matter or event set out in the scheme; (i) prescribe penalties, not exceeding 10 penalty units, for offences relating to failing to notify Comcare of matters or events set out in the scheme; (j) provide for review of decisions made under the scheme, including by providing for the Administrative Appeals Tribunal Act 1975 to apply in relation to decisions made under the scheme with the modifications specified in the scheme; (k) in relation to an injury, disease or aggravation, or loss or damage, referred to in paragraph (1)(a): (i) limit the right of a person to bring an action or other proceeding for damages, against the Commonwealth or a person specified in the scheme, in respect of the injury, disease, aggravation, loss or damage; or (ii) provide for Comcare to make a claim for damages in the name of a person, or to take over the conduct of an action or other proceeding, in respect of the injury, disease, aggravation, loss or damage; or (iii) require that an amount that has been, or is to be, paid (otherwise than under the scheme) to a person in respect of the injury, disease, aggravation, loss or damage be paid to the Commonwealth; (l) confer on the Minister a power to make a legislative instrument for the purposes of the scheme. (3) For the purposes of the Safety, Rehabilitation and Compensation Act 1988, a function conferred on Comcare by the scheme is taken to be a function conferred by this Act.
Note: See paragraph 69(g) of the Safety, Rehabilitation and Compensation Act 1988.
(4) The scheme may apply in relation to: (a) an injury or disease referred to in subparagraph (1)(a)(i) or (ii) that is suffered in connection with an activity occurring on or after 1 January 2016; or (b) an aggravation, referred to in subparagraph (1)(a)(i) or (ii), of an injury or disease, if the aggravation is suffered in connection with an activity occurring on or after 1 January 2016 (whether the injury or disease was suffered in connection with an activity occurring before, on or after that day); or (c) loss or damage referred to in subparagraph (1)(a)(iii) or (iv) that occurs on or after 1 January 2016. (5) This section, and the scheme, extends to all places outside Australia, including the external Territories.
(1) Where the regulations are inconsistent with a determination by the Remuneration Tribunal under paragraph 5(1)(a) or subsection 9(1), the regulations prevail and the determination is void to the extent of the inconsistency. (2) Where the regulations are intended to cover the whole field in relation to a particular subject matter, then, for the purposes of subsection (1), any provision of a determination that deals with that subject matter is taken to be inconsistent with the regulations, whether or not they are capable of operating concurrently.
Purported benefits consisting of payments of amounts of money (1) If, apart from this subsection and paragraph 11(b), the Commonwealth does not have power under this Act to make a payment of an amount purportedly by way of benefit to a person (the recipient), then: (a) the Commonwealth has the power to make the payment; and (b) for the purpose of section 11, the payment is taken to be a payment of benefits; and (c) the amount of the payment: (i) is a debt due to the Commonwealth by the recipient; and (ii) may be recovered by action in a court of competent jurisdiction.
Note: If the purported benefit is a prescribed travel benefit, a loading may also apply: see Division 2.
Purported benefits consisting of goods, services or facilities (2) If, apart from this subsection and paragraph 11(b), the Commonwealth does not have power under this Act to provide goods, services or facilities purportedly by way of benefit to a person (the recipient), then: (a) the Commonwealth has the power to provide the goods, services or facilities; and (b) for the purpose of section 11, a payment by the Commonwealth of the costs of providing the goods, services or facilities is taken to be a payment of costs of benefits; and (c) the amount of such a payment: (i) is a debt due to the Commonwealth by the recipient; and (ii) may be recovered by action in a court of competent jurisdiction.
Note: If the purported benefit is a prescribed travel benefit, a loading may also apply: see Division 2.
(3) The reference in subsection (2) to the Commonwealth not having power to provide goods, services or facilities purportedly by way of benefit includes a reference to the Commonwealth only having power to provide lower‑cost goods, services or facilities. In this situation, paragraph (2)(c) applies to the amount by which the payment of costs exceeds what it would have been if the lower‑cost goods, services or facilities had instead been provided. Alternative method of recovery: reduction of future benefits (4) If: (a) an amount is recoverable as a debt under paragraph (1)(c) or (2)(c) from the recipient; and (b) an amount is payable to the recipient by way of benefit; then: (c) the debt; or (d) such part of the debt as the Secretary determines; may, if the Secretary so directs, be recovered by deduction from the amount referred to in paragraph (b) of this subsection. (5) The Secretary is required to consult the recipient before directing that the debt, or part of the debt, be recovered as mentioned in subsection (4). How this section applies to entitlements that relate to activities of another person (otherwise than as a member of staff) (6) For the purpose of this section, if: (a) a payment is made, or goods, services or facilities are provided, purportedly in respect of an entitlement of a person (the first person) to a benefit under this Act; and (b) the purported benefit relates to activities of another person, other than activities as a member of staff of the first person; then the payment, or the provision of goods, services or facilities, constitutes a payment or provision that is purportedly by way of benefit to the first person (rather than the other person).
Note: For example, if a benefit relates to travel of the first person’s spouse, any debt under this section in relation to the purported provision of such a benefit is recoverable from the first person (rather than the spouse).
(1) The Minister may, by legislative instrument, determine that a specified benefit in respect of travel is a prescribed travel benefit. (2) A benefit may be specified by reference to a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.
Note: This subsection is not intended to be an exhaustive statement of the ways in which a benefit could be specified.
When this section applies (1) This section applies if: (a) a person (the recipient) makes a claim for a prescribed travel benefit in contravention of section 7A; and (b) the Commonwealth pays an amount, or provides goods, services or facilities, purportedly by way of prescribed travel benefit, pursuant to the claim; and (c) either: (i) the amount of the payment exceeds the amount (if any) to which the recipient was entitled; or (ii) the Commonwealth’s costs of providing the goods, services or facilities exceed what they would have been if the goods, services or facilities (if any) to which the recipient was entitled had instead been provided; and (d) the excess was not attributable, to any extent, to administrative error within the Department. (2) In determining the amount of the payment, or the goods, services or facilities, to which the recipient was entitled, disregard section 10A. Excess to be reduced by any repayment made to Commonwealth within 28 days of claim (3) This section applies to the amount of the excess referred to in subparagraph (1)(c)(i) or (ii), reduced by any part of that excess that is repaid to the Commonwealth, by or on behalf of the recipient, before the end of 28 days after the day the claim was made.
Note: If the whole of the excess is repaid within the 28 day period, then there is no amount to which this section applies.
Loading payable as a penalty for the contravention of section 7A (4) The recipient is liable to pay the Commonwealth, by way of penalty for the contravention of section 7A, an amount equal to 25% of the amount to which this section applies. (5) The amount of the penalty: (a) is a debt due to the Commonwealth by the recipient; and (b) may be recovered by action in a court of competent jurisdiction. Alternative method of recovery: reduction of future benefits (6) If: (a) an amount is recoverable as a debt under subsection (5) from the recipient; and (b) an amount is payable to the recipient by way of benefit; then: (c) the amount of the debt; or (d) such part of the debt as the Secretary determines; may, if the Secretary so directs, be recovered by deduction from the amount referred to in paragraph (b) of this subsection. (7) The Secretary is required to consult the recipient before directing that the debt, or part of the debt, be recovered as mentioned in subsection (6).
When this section applies (1) This section applies if: (a) the Commonwealth pays an amount, or provides goods, services or facilities, purportedly by way of prescribed travel benefit, to a person (the recipient) pursuant to a claim; and (b) the recipient, or a person acting on behalf of the recipient, makes a repayment to the Commonwealth of some or all of the payment, or the cost of providing the goods, services or facilities; and (c) the repayment is made more than 28 days after the day the claim was made; and (d) the repayment is not of an amount attributable, to any extent, to administrative error within the Department; and (e) section 10C does not apply. Reduction of future benefits (2) If an amount is payable to the recipient by way of benefit, then: (a) an amount (the loading amount) equal to 25% of the repayment; or (b) such part of the loading amount as the Secretary determines; may, if the Secretary so directs, be deducted from the amount that is so payable to the recipient. (3) The Secretary is required to consult the recipient before directing that the loading amount, or part of the loading amount, be deducted as mentioned in subsection (2). Effect of voluntary payment of loading amount (4) If an amount is paid to the Commonwealth, by or on behalf of the recipient, in respect of the loading amount, the total amount that may be deducted under subsection (2) is reduced by the amount of the payment.
The Consolidated Revenue Fund is appropriated for the purposes of: (a) making payments of benefits or of costs of benefits; and (b) making other payments in the course of the administration of this Act.
(1) The Secretary may, by writing, delegate all or any of his or her powers under this Act to an SES employee, or an acting SES employee, in the Department. (2) In exercising powers under a delegation, the delegate must comply with any directions of the Secretary.
The Governor‑General may make regulations for the purposes of paragraph 5(1)(b) and section 9.
(1) The Minister may, by legislative instrument, determine that a specified benefit in respect of travel is a prescribed travel benefit. (2) A benefit may be specified by reference to a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.
Note: This subsection is not intended to be an exhaustive statement of the ways in which a benefit could be specified.
When this section applies (1) This section applies if: (a) a person (the recipient) makes a claim for a prescribed travel benefit in contravention of section 7A; and (b) the Commonwealth pays an amount, or provides goods, services or facilities, purportedly by way of prescribed travel benefit, pursuant to the claim; and (c) either: (i) the amount of the payment exceeds the amount (if any) to which the recipient was entitled; or (ii) the Commonwealth’s costs of providing the goods, services or facilities exceed what they would have been if the goods, services or facilities (if any) to which the recipient was entitled had instead been provided; and (d) the excess was not attributable, to any extent, to administrative error within the Department. (2) In determining the amount of the payment, or the goods, services or facilities, to which the recipient was entitled, disregard section 10A. Excess to be reduced by any repayment made to Commonwealth within 28 days of claim (3) This section applies to the amount of the excess referred to in subparagraph (1)(c)(i) or (ii), reduced by any part of that excess that is repaid to the Commonwealth, by or on behalf of the recipient, before the end of 28 days after the day the claim was made.
Note: If the whole of the excess is repaid within the 28 day period, then there is no amount to which this section applies.
Loading payable as a penalty for the contravention of section 7A (4) The recipient is liable to pay the Commonwealth, by way of penalty for the contravention of section 7A, an amount equal to 25% of the amount to which this section applies. (5) The amount of the penalty: (a) is a debt due to the Commonwealth by the recipient; and (b) may be recovered by action in a court of competent jurisdiction. Alternative method of recovery: reduction of future benefits (6) If: (a) an amount is recoverable as a debt under subsection (5) from the recipient; and (b) an amount is payable to the recipient by way of benefit; then: (c) the amount of the debt; or (d) such part of the debt as the Secretary determines; may, if the Secretary so directs, be recovered by deduction from the amount referred to in paragraph (b) of this subsection. (7) The Secretary is required to consult the recipient before directing that the debt, or part of the debt, be recovered as mentioned in subsection (6).
When this section applies (1) This section applies if: (a) the Commonwealth pays an amount, or provides goods, services or facilities, purportedly by way of prescribed travel benefit, to a person (the recipient) pursuant to a claim; and (b) the recipient, or a person acting on behalf of the recipient, makes a repayment to the Commonwealth of some or all of the payment, or the cost of providing the goods, services or facilities; and (c) the repayment is made more than 28 days after the day the claim was made; and (d) the repayment is not of an amount attributable, to any extent, to administrative error within the Department; and (e) section 10C does not apply. Reduction of future benefits (2) If an amount is payable to the recipient by way of benefit, then: (a) an amount (the loading amount) equal to 25% of the repayment; or (b) such part of the loading amount as the Secretary determines; may, if the Secretary so directs, be deducted from the amount that is so payable to the recipient. (3) The Secretary is required to consult the recipient before directing that the loading amount, or part of the loading amount, be deducted as mentioned in subsection (2). Effect of voluntary payment of loading amount (4) If an amount is paid to the Commonwealth, by or on behalf of the recipient, in respect of the loading amount, the total amount that may be deducted under subsection (2) is reduced by the amount of the payment.
The Consolidated Revenue Fund is appropriated for the purposes of: (a) making payments of benefits or of costs of benefits; and (b) making other payments in the course of the administration of this Act.
(1) The Secretary may, by writing, delegate all or any of his or her powers under this Act to an SES employee, or an acting SES employee, in the Department. (2) In exercising powers under a delegation, the delegate must comply with any directions of the Secretary.
The Governor‑General may make regulations for the purposes of paragraph 5(1)(b) and section 9.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Parliamentary Entitlements Act 1990.
This Act commences on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
amount, in relation to a benefit, includes any quantity, frequency or other limitation expressed in numbers (other than numbers of persons).
benefit means a benefit provided by or under this Act.
claim means a claim or request for a benefit that is made to the Commonwealth.
Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.
cost of travel means the cost of fares, accommodation, meals and incidentals.
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
dependent child, in relation to a Senior Officer, means:
(a) a person under 16 who:
(i) is in the custody, care and control of the Officer or is a person to whom the Officer has access; or
(ii) where no other person has the custody, care and control of the person—is wholly or substantially in the care and control of the Officer; or
(b) a person who is:
(i) at least 16 but under 18;
(ii) receiving full‑time education at a school, college or university; and
(iii) wholly or substantially dependent upon the Officer.
incidentals includes the cost of transport.
leader of a minority party means the leader of a recognised non‑Government party of at least 5 members, but does not include an Opposition Office Holder, and deputy leader of a minority party has a corresponding meaning.
member means a member of either House of the Parliament.
Opposition Office Holder means:
(a) the Leader or Deputy Leader of the Opposition in the House of Representatives; or
(b) the Leader or Deputy Leader of the Opposition in the Senate.
Parliamentary injury compensation scheme means the scheme formulated under section 9A.
Parliamentary office‑holder means a person holding a particular office, or performing particular functions, in or in relation to the Parliament or either House of the Parliament.
prescribed travel benefit means a benefit covered by a determination under section 10B.
Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.
provides goods, services or facilities: the Commonwealth provides goods, services or facilities if:
(a) the Commonwealth itself provides the goods, services or facilities; or
(b) the Commonwealth pays for the provision of the goods, services or facilities by another person (whether or not pursuant to an arrangement between the other person and the Commonwealth).
Scheduled benefit means a benefit set out in Schedule 1.
Secretary means the Secretary of the Department.
Senior Officer means a Minister, an Opposition Office Holder or a Presiding Officer.
spouse of a member includes a de facto partner of the member within the meaning of the Acts Interpretation Act 1901.
year means a financial year, and annual has a corresponding meaning.
An Act relating to the provision of benefits to Members of each House of the Parliament
This Act may be cited as the Parliamentary Entitlements Act 1990.
This Act commences on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
amount, in relation to a benefit, includes any quantity, frequency or other limitation expressed in numbers (other than numbers of persons).
benefit means a benefit provided by or under this Act.
claim means a claim or request for a benefit that is made to the Commonwealth.
Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.
cost of travel means the cost of fares, accommodation, meals and incidentals.
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
dependent child, in relation to a Senior Officer, means:
(a) a person under 16 who:
(i) is in the custody, care and control of the Officer or is a person to whom the Officer has access; or
(ii) where no other person has the custody, care and control of the person—is wholly or substantially in the care and control of the Officer; or
(b) a person who is:
(i) at least 16 but under 18;
(ii) receiving full‑time education at a school, college or university; and
(iii) wholly or substantially dependent upon the Officer.
incidentals includes the cost of transport.
leader of a minority party means the leader of a recognised non‑Government party of at least 5 members, but does not include an Opposition Office Holder, and deputy leader of a minority party has a corresponding meaning.
member means a member of either House of the Parliament.
Opposition Office Holder means:
(a) the Leader or Deputy Leader of the Opposition in the House of Representatives; or
(b) the Leader or Deputy Leader of the Opposition in the Senate.
Parliamentary injury compensation scheme means the scheme formulated under section 9A.
Parliamentary office‑holder means a person holding a particular office, or performing particular functions, in or in relation to the Parliament or either House of the Parliament.
prescribed travel benefit means a benefit covered by a determination under section 10B.
Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.
provides goods, services or facilities: the Commonwealth provides goods, services or facilities if:
(a) the Commonwealth itself provides the goods, services or facilities; or
(b) the Commonwealth pays for the provision of the goods, services or facilities by another person (whether or not pursuant to an arrangement between the other person and the Commonwealth).
Scheduled benefit means a benefit set out in Schedule 1.
Secretary means the Secretary of the Department.
Senior Officer means a Minister, an Opposition Office Holder or a Presiding Officer.
spouse of a member includes a de facto partner of the member within the meaning of the Acts Interpretation Act 1901.
year means a financial year, and annual has a corresponding meaning.
(1) Members are entitled to benefits as set out in Part 1 of Schedule 1. (2) Parliamentary office‑holders and Ministers are entitled to benefits as set out in Part 2 of Schedule 1. (3) Benefits under subsection (2) are in addition to benefits under subsection (1). (4) Benefits under this Act do not limit: (a) benefits under any other law; or (b) benefits afforded by the Government to a Minister for the purpose of carrying out functions as a Minister.
(1) Members, Parliamentary office‑holders and Ministers are entitled to such additional benefits as are: (a) determined by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973; or (b) prescribed by the regulations. (2) Subsection (1) does not extend to a benefit in the nature of remuneration. (3) Members are entitled to the benefits prescribed by the Parliamentary injury compensation scheme.
(1) If: (a) a person becomes a member or a Parliamentary office‑holder during a financial year; and (b) a benefit to which the person is entitled is limited to an annual amount; then, during that year, the person is entitled only to a proportionate amount of that benefit worked out by the formula: (2) An amount so worked out must be rounded to the nearest whole number that is greater than zero.
(1) A person is entitled to a benefit (other than a benefit for a Parliamentary office‑holder or a Minister) during the whole time when the person is entitled to an allowance under the Parliamentary Allowances Act 1952. (2) A person is entitled to a benefit for a Parliamentary office‑holder only so long as the person is a Parliamentary office‑holder. (3) A person is entitled to a benefit for a Minister only so long as the person is a Minister. (4) A person may make use of the full annual amount of a benefit before the end of the relevant financial year.
(1) A person must not make a claim for a benefit that is in excess of entitlement (whether wholly or partly).
Note: If a person contravenes this section in relation to a claim for a prescribed travel benefit, a penalty may apply: see section 10C.
(2) In determining whether a claim is made in contravention of subsection (1), disregard section 10A. (3) A contravention of subsection (1) in relation to a claim does not of itself prevent the provision of a benefit pursuant to the claim.
Note: A benefit that is in accordance with entitlement may be provided pursuant to the claim. If a benefit in excess of entitlement is purportedly provided, an amount will be recoverable under section 10A.
(1) A Scheduled benefit may be varied or omitted by determination by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973. (2) A Scheduled benefit may be varied or omitted by the regulations. (3) A determination or regulations made under this section may make such consequential and transitional provisions as are necessary.
(1) The Minister may, by legislative instrument, formulate a scheme (the Parliamentary injury compensation scheme) for and in relation to any of the following: (a) compensation or other benefits in relation to any thing that, under the scheme, is taken to be: (i) an injury or disease, or an aggravation of an injury or disease, suffered by a member in connection with the member’s activities as a member, Parliamentary office‑holder or Minister; or (ii) an injury or disease, or an aggravation of an injury or disease, suffered by the spouse of the Prime Minister in connection with the spouse’s official activities as the spouse of the Prime Minister; or (iii) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by a member, that occurs in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or (iv) loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the spouse of the Prime Minister, that occurs in the course of the spouse’s official activities as the spouse of the Prime Minister; (b) the provision of services, facilities or equipment intended to eliminate or minimise: (i) risks to the health or safety of a member arising in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or (ii) risks to the health or safety of the spouse of the Prime Minister arising in the course of the spouse’s official activities as the spouse of the Prime Minister; (c) ancillary or incidental matters.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) Without limiting subsection (1), the scheme may do any of the following: (a) confer functions and powers on Comcare in relation to the scheme; (b) provide for conditions and restrictions on eligibility or continuing eligibility for compensation or other benefits under the scheme (such as conditions requiring a person to undergo rehabilitation or medical examination); (c) apply in relation to an injury or disease, or an aggravation of an injury or disease, suffered by a person who is or has been a member, or the spouse of the Prime Minister, in connection with an activity engaged in in accordance with the scheme; (d) provide for compensation or other benefits under the scheme to be payable to persons other than members; (e) require an amount of money paid under the scheme to be repaid in the circumstances set out in the scheme; (f) provide for Comcare, on behalf of the Commonwealth, to recover, set off, write off or waive debts arising under the scheme; (g) require a person to give information or documents to Comcare for the purposes of the scheme; (h) require a person to notify Comcare of a matter or event set out in the scheme; (i) prescribe penalties, not exceeding 10 penalty units, for offences relating to failing to notify Comcare of matters or events set out in the scheme; (j) provide for review of decisions made under the scheme, including by providing for the Administrative Appeals Tribunal Act 1975 to apply in relation to decisions made under the scheme with the modifications specified in the scheme; (k) in relation to an injury, disease or aggravation, or loss or damage, referred to in paragraph (1)(a): (i) limit the right of a person to bring an action or other proceeding for damages, against the Commonwealth or a person specified in the scheme, in respect of the injury, disease, aggravation, loss or damage; or (ii) provide for Comcare to make a claim for damages in the name of a person, or to take over the conduct of an action or other proceeding, in respect of the injury, disease, aggravation, loss or damage; or (iii) require that an amount that has been, or is to be, paid (otherwise than under the scheme) to a person in respect of the injury, disease, aggravation, loss or damage be paid to the Commonwealth; (l) confer on the Minister a power to make a legislative instrument for the purposes of the scheme. (3) For the purposes of the Safety, Rehabilitation and Compensation Act 1988, a function conferred on Comcare by the scheme is taken to be a function conferred by this Act.
Note: See paragraph 69(g) of the Safety, Rehabilitation and Compensation Act 1988.
(4) The scheme may apply in relation to: (a) an injury or disease referred to in subparagraph (1)(a)(i) or (ii) that is suffered in connection with an activity occurring on or after 1 January 2016; or (b) an aggravation, referred to in subparagraph (1)(a)(i) or (ii), of an injury or disease, if the aggravation is suffered in connection with an activity occurring on or after 1 January 2016 (whether the injury or disease was suffered in connection with an activity occurring before, on or after that day); or (c) loss or damage referred to in subparagraph (1)(a)(iii) or (iv) that occurs on or after 1 January 2016. (5) This section, and the scheme, extends to all places outside Australia, including the external Territories.
(1) Where the regulations are inconsistent with a determination by the Remuneration Tribunal under paragraph 5(1)(a) or subsection 9(1), the regulations prevail and the determination is void to the extent of the inconsistency. (2) Where the regulations are intended to cover the whole field in relation to a particular subject matter, then, for the purposes of subsection (1), any provision of a determination that deals with that subject matter is taken to be inconsistent with the regulations, whether or not they are capable of operating concurrently.
Purported benefits consisting of payments of amounts of money (1) If, apart from this subsection and paragraph 11(b), the Commonwealth does not have power under this Act to make a payment of an amount purportedly by way of benef
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