Parliamentary Salaries, Allowances and Superannuation Regulations 2019
S.R. No. 84/2019
Version incorporating amendments as at
11 March 2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provision 2
3 Commencement 2
4 Revocation 2
5 Definitions 2
Part 2—Allowances payable to Members 5
6 Electorate allowance and expense allowance 5
7 Motor vehicle allowance 5
8 Notification of home base 5
9 Parliamentary accommodation sitting allowance 6
10 Travel allowance 6
11 Commercial transport allowance 6
12 International travel allowance 6
13 Appealing a determination of a significant and wilful breach 7
14 Electorate Office and Communications Budget 7
15 Members must not claim more than one allowance in respect of a particular circumstance 7
15A Claims for the travel allowance and commercial transport allowance 8
16 Members may authorise an agent to act on their behalf in relation to claims for work-related parliamentary allowances or under the Budget 9
17 Relevant Officer may delegate their functions or powers under Division 4 of Part 2 of the Act 9
18 Appealing a determination by the relevant Officer in relation to a work-related parliamentary allowance or the Budget 9
Part 3—Details to be published 11
19 Payments to a third party considered payment to the Member 11
20 Quarterly publication in respect of the expense allowance, electorate allowance and motor vehicle allowance 11
21 Quarterly publication in respect of claims for work-related parliamentary allowances and the Budget 12
22 Method of quarterly publication 16
23 Information to be included in the annual report of the Parliament 16
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Endnotes 18
1 General information 18
2 Table of Amendments 20
3 Amendments Not in Operation 21
4 Explanatory details 22
Version No.003
Parliamentary Salaries, Allowances and Superannuation Regulations 2019
S.R. No. 84/2019
Section 1 - Parliamentary Salaries, Allowances and Superannuation Regulations 2019 - Parliamentary Salaries, Allowances and Superannuation Regulations 2019 | Zoe
Version incorporating amendments as at
11 March 2020
Part 1—Preliminary
1 Objective
The objective of these Regulations is to provide for—
(a) the allowances and the Budget payable to Members; and
(b) the commercial transport allowance and international travel allowance payable to Members; and
(c) the form to appeal a determination made by a relevant Officer; and
Reg. 1(ca) inserted by S.R. No. 94/2019 reg. 5.
(ca) details that must be published in respect of claims for work-related parliamentary allowances and the Budget, and the expense allowance, the electorate allowance and the motor vehicle allowance; and
Reg. 1(cb) inserted by S.R. No. 94/2019 reg. 5.
(cb) information to be included in the annual report of the Parliament in relation to the allowances and the Budget payable to members; and
(d) other matters authorised by the Parliamentary Salaries, Allowances and Superannuation Act 1968 to be prescribed by regulation; and
(e) the revocation of the Parliamentary Salaries and Superannuation (Allowances) Regulations 2013.
2 Authorising provision
These Regulations are made under section 9K of the Parliamentary Salaries, Allowances and Superannuation Act 1968.
3 Commencement
These Regulations come into operation on 16 September 2019.
4 Revocation
The Parliamentary Salaries and Superannuation (Allowances) Regulations 2013[1] are revoked.
5 Definitions
In these Regulations—
Reg. 5 def. of annual report of the Parliament inserted by S.R. No. 94/2019 reg. 6(1).
annual report of the Parliament means the annual report published by the Department of Parliamentary Services;
Reg. 5 def. of commercial transport allowance inserted by S.R. No. 94/2019 reg. 6(1).
commercial transport allowance means the allowance set out in regulation 11;
home base means a Member's principal place of residence;
Reg. 5 def. of international travel allowance inserted by S.R. No. 94/2019 reg. 6(1).
international travel allowance means the allowance set out in regulation 12;
Reg. 5 def. of international travel report inserted by S.R. No. 94/2019 reg. 6(1), amended by S.R. No. 18/2020 reg. 5.
international travel report means a report in the form specified by the relevant Officer and which includes the following—
(a) the dates in respect of which the allowance is claimed;
(b) the reason for the travel;
(c) an indication of whether the travel relates to parliamentary business or electorate business;
(d) if there was accommodation used in respect of the claim—
(i) the town, city or suburb in which the accommodation was located; and
(ii) the value of the accommodation;
(e) if there was commercial transport used in respect of the claim, the mode and value of the transport;
(f) a statement of the Member's objectives;
(g) a brief description of the Parliaments and other organisations visited (if any);
(h) a list of those persons met in relation to the reason for the travel and the assistance or information obtained from such persons;
(i) reference to any documents or publications obtained or considered to be of interest in a Parliamentary sense;
(j) brief summaries of the study areas pursued in the countries visited;
(k) a summary of the results achieved and any recommendations arising;
Reg. 5 def. of relevant quarter inserted by S.R. No. 94/2019 reg. 6(1).
relevant quarter means the relevant period of three months ending 31 March, 30 June, 30 September and 31 December;
Reg. 5 def. of the Act amended by S.R. No. 94/2019 reg. 6(2).
the Act means the Parliamentary Salaries, Allowances and Superannuation Act 1968;
Reg. 5 def. of travel allowance inserted by S.R. No. 94/2019 reg. 6(1).
travel allowance means the allowance set out in regulation 10.
Part 2—Allowances payable to Members
6 Electorate allowance and expense allowance
For the purposes of section 6(1)(a) of the Act, the amount of the electorate allowance and the expense allowance is the amount set in a Determination that is currently in effect.
7 Motor vehicle allowance
For the purposes of section 6(1)(c) of the Act, the amount of the motor vehicle allowance is the amount set in a Determination that is currently in effect.
8 Notification of home base
(1) A Member must notify the relevant Clerk of the location of their home base within 30 days of—
(a) becoming a Member; or
(b) changing their home base.
(2) For the purposes of any notification under subregulation (1), the relevant Clerk must be provided with—
(a) documentary evidence obtained from the Victorian Electoral Commission showing the name of the Member and their address which is identical to the Member's home base; and
(b) other supporting documentary evidence, including at least one of the following—
(i) a certificate of title;
(ii) a mortgage or tenancy agreement;
(iii) a driver's licence.
Reg. 9 amended by S.R. No. 94/2019 reg. 7(1).
9 Parliamentary accommodation sitting allowance
For the purposes of section 6(2)(a) of the Act, a Member is to receive the parliamentary accommodation sitting allowance in accordance with a Determination that is currently in effect.
10 Travel allowance
For the purposes of section 6(2)(b) of the Act, a Member is to receive the travel allowance in accordance with a Determination that is currently in effect.
11 Commercial transport allowance
(1) For the purposes of section 6(2)(c) of the Act, the commercial transport allowance is prescribed.
Reg. 11(2) amended by S.R. No. 94/2019 reg. 7(2).
(2) A Member is to receive the allowance under subregulation (1) in accordance with a Determination that is currently in effect.
12 International travel allowance
(1) For the purposes of section 6(2)(c) of the Act, the international travel allowance is prescribed.
(2) A Member is to receive the allowance under subregulation (1) in accordance with a Determination that is currently in effect.
Reg. 12(3) inserted by S.R. No. 18/2020 reg. 6.
(3) For a claim for the international travel allowance, a Member must submit to the relevant Officer the following supporting documentation—
(a) in respect of a claim to reimburse the cost of flights—
(i) a tax invoice or receipt showing the costs actually incurred must be submitted with the claim; and
(ii) an international travel report must be submitted within 30 days of concluding the international travel related to the claim;
(b) in respect of a claim to reimburse costs other than flights—
(i) a tax invoice or receipt showing the costs actually incurred; and
(ii) an international travel report—
must be submitted with the claim.
Note
For the avoidance of doubt, a single international travel report can be provided for multiple claims if those claims relate to the same international travel.
13 Appealing a determination of a significant and wilful breach
(1) For the purposes of section 7E(12) of the Act, an appeal to the Compliance Officer must be in writing in the form approved by the Compliance Officer and containing the information specified by the Compliance Officer in the form.
(2) The form approved by the Compliance Officer under subregulation (1) must be published on the Tribunal's Internet site.
14 Electorate Office and Communications Budget
For the purposes of section 7F(1) of the Act, the amount of the Budget is the amount set in a Determination that is currently in effect.
15 Members must not claim more than one allowance in respect of a particular circumstance
For the purposes of section 9E(1) of the Act, a Member is only permitted to submit a single claim for themselves for a work-related parliamentary allowance or under the Budget, and receive a single payment, in respect of each particular circumstance.
Reg. 15A (Heading) amended by S.R. No. 18/2020 reg. 7(1).
Reg. 15A inserted by S.R. No. 94/2019 reg. 8.
15A Claims for the travel allowance and commercial transport allowance
(1) For the purposes of section 9E(2)(a) of the Act, the prescribed supporting documentation in respect of a claim for the travel allowance includes the following—
(a) the dates in respect of which the allowance is claimed;
(b) the reason for the travel;
(c) if there was accommodation used in respect of the claim—
(i) the town, city or suburb in which the accommodation was located; and
(ii) the value of the accommodation;
(d) a tax invoice or receipt showing the costs actually incurred.
(2) For the purposes of section 9E(2)(a) of the Act, the prescribed supporting documentation in respect of a claim for the commercial transport allowance includes the following—
(a) the dates in respect of which the allowance is claimed;
(b) the reason for the travel;
(c) the mode of transport;
(d) the value of the transport;
(e) a tax invoice or receipt showing the costs actually incurred.
Reg. 15A(3) revoked by S.R. No. 18/2020 reg. 7(2).
16 Members may authorise an agent to act on their behalf in relation to claims for work-related parliamentary allowances or under the Budget
For the purposes of sections 9E, 9F, 9G and 9H of the Act, a Member may authorise, subject to any terms and conditions determined by the relevant Officer, an agent to act on their behalf in relation to the following—
(a) making a claim;
(b) providing or receiving information;
(c) appealing against a determination.
Note
For clarity, a claim, certificate or explanation provided to the relevant Officer by the Member's agent under this regulation is considered to have been provided by the Member under section 9E or 9F of the Act.
17 Relevant Officer may delegate their functions or powers under Division 4 of Part 2 of the Act
For the purposes of Division 4 of Part 2 of the Act, a relevant Officer may, by instrument, delegate to any person any function or power of the relevant Officer under Division 4 of Part 2 of the Act.
18 Appealing a determination by the relevant Officer in relation to a work-related parliamentary allowance or the Budget
(1) For the purposes of section 9H(2) of the Act, an appeal to the Compliance Officer must be in writing in the form approved by the Compliance Officer and containing the information specified by the Compliance Officer in the form.
(2) The form approved by the Compliance Officer under subregulation (1) must be published on the Tribunal's Internet site.
Pt 3 (Heading and regs 19–23) inserted by S.R. No. 94/2019 reg. 9.
Part 3—Details to be published
Reg. 19 inserted by S.R. No. 94/2019 reg. 9.
19 Payments to a third party considered payment to the Member
For the purposes of this Part, a reference to an amount paid to a Member includes any amount paid to a third party on behalf of the Member.
Reg. 20 inserted by S.R. No. 94/2019 reg. 9.
20 Quarterly publication in respect of the expense allowance, electorate allowance and motor vehicle allowance
For the purposes of section 9I of the Act, the prescribed details to be published by the relevant Officer in respect of the relevant quarter for the expense allowance, electorate allowance and motor vehicle allowance (as the case may be) are the following—
(a) for the expense allowance, the total amount paid to each Member;
(b) for the electorate allowance, the total amount paid to each Member;
(c) for the motor vehicle allowance—
(i) the names of the Members who were paid the motor vehicle allowance; and
(ii) the total amount paid to each Member listed under subparagraph (i); and
(iii) a designation for Members who did not receive the motor vehicle allowance in the previous relevant quarter and have elected to receive the motor vehicle allowance under section 6(6) of the Act for the relevant quarter.
Reg. 21 inserted by S.R. No. 94/2019 reg. 9.
21 Quarterly publication in respect of claims for work-related parliamentary allowances and the Budget
(1) For the purposes of section 9I of the Act, the prescribed details to be published by the relevant Officer in respect of claims made during the relevant quarter for work-related parliamentary allowances and for the Budget are set out in this regulation.
(2) Subject to subregulation (6), in respect of claims for the parliamentary accommodation sitting allowance the relevant Officer must publish the following—
(a) the total amount paid to each Member;
(b) the name of the suburb in which each Member's parliamentary accommodation is or was located during the relevant quarter and identify each Member in relation to the suburb.
(3) Subject to subregulation (6), in respect of claims for the travel allowance, commercial transport allowance or international travel allowance, the relevant Officer must publish the following—
(a) the total amount paid to each Member for each allowance;
(b) the total number of nights in respect of which each allowance was claimed and paid for each Member;
(c) for each claim made by each Member in respect of the travel allowance—
(i) the dates in respect of which the allowance was claimed and paid; and
(ii) the reason for the travel; and
(iii) the total amount paid; and
(iv) if there was accommodation used in respect of the claim—
(A) the town, city or suburb in which the accommodation was located; and
(B) the value of the accommodation;
(d) for each claim made by each Member in respect of the commercial transport allowance—
(i) the dates in respect of which the allowance was claimed and paid; and
(ii) the reason for the travel; and
(iii) the total amount paid; and
(iv) the mode of transport; and
(v) the value of the transport;
(e) for each claim made by each Member in respect of the international travel allowance—
Reg. 21(3)(e)(i) amended by S.R. No. 18/2020 reg. 8.
(i) a copy of the international travel report that relates to the claim; and
(ii) the total amount paid.
(4) Subject to subregulation (6), in respect of claims for the Budget the relevant Officer must publish the following—
(a) the total amount paid to each Member;
(b) subtotal amounts paid to each Member for the following categories (if relevant)—
(i) additional electorate officer salary expenses and employee costs relating to staff travel, or incidentals necessarily incurred;
(ii) office facilities, maintenance and cleaning expenses;
(iii) office administration and stationery expenses;
(iv) information and communication technology and telecommunications expenses;
(v) postage expenses;
(vi) advertising, printing and communications expenses;
(vii) travel undertaken in relation to public duties;
(viii) professional development;
(ix) other expenses.
(5) The relevant Officer must not publish any details under—
(a) subregulation (2)(b) in relation to the street address of any accommodation; and
(b) subregulation (3)(c)(iv) in relation to—
(i) the name of the entity, business or individual to whom a payment for accommodation was made; or
(ii) the street address of any accommodation.
(6) The relevant Officer must not publish details under subregulation (2), (3) or (4) unless subregulations (7) to (10) have been satisfied in respect of the details proposed to be published.
(7) The relevant Officer must provide a Member with the details proposed to be published under subregulation (2), (3) or (4) in respect of that Member within 3 weeks of the end of the relevant quarter.
(8) If a Member is provided with details under subregulation (7) the Member must within 5 weeks of the end of the relevant quarter—
(a) if the Member agrees that the details are accurate, certify that the details are accurate; or
(b) if the Member considers that the details (in part or in whole) are not accurate, inform the relevant Officer of the details that the Member considers are not accurate.
(9) If the Member informs the relevant Officer under subregulation (8)(b) that the Member considers that details proposed to be published are not accurate, the relevant Officer may either—
(a) revise the details proposed to be published and provide the revised details to the Member as soon as practicable; or
(b) provide the Member with an explanation for how the relevant Officer determined the details and notify the Member that the details will be published.
(10) If the Member is provided with revised details under subregulation (9)(a), or an explanation and notification under subregulation (9)(b), the Member must within 7 weeks of the end of the relevant quarter—
(a) if the Member agrees that the details or the revised details are accurate, certify that the details are accurate; or
(b) if the Member continues to be of the opinion that the details or the revised details (in part or in whole) are not accurate, inform the relevant Officer of the details that are not considered to be accurate.
(11) The Member's response provided under subregulation (8) or (10) (as the case may be) must be noted by the relevant Officer when publishing the details under subregulation (2), (3) or (4) to which the response relates.
(12) If a Member has not provided a response under subregulation (8) or (10) (as the case may be) then the Member is taken to have certified that the details are accurate, and this certification must be noted by the relevant Officer when publishing the details under subregulation (2), (3) or (4).
(13) If any other work-related parliamentary allowance is prescribed for the purposes of section 6(2)(c) of the Act, the relevant Officer must publish the total amount of each prescribed allowance that is paid to each Member for the relevant quarter.
Reg. 22 inserted by S.R. No. 94/2019 reg. 9.
22 Method of quarterly publication
For the purposes of section 9I of the Act, the relevant Officer must publish the details in an electronic form that is reasonably accessible to the public.
Reg. 23 inserted by S.R. No. 94/2019 reg. 9.
23 Information to be included in the annual report of the Parliament
For the purposes of section 9J of the Act, the prescribed details that the relevant Officer must include in the annual report of the Parliament are as follows—
(a) the total amount paid during the financial year in respect of all Members for all claims for work-related parliamentary allowances and the Budget and all amounts paid for the expense allowance, the electorate allowance and the motor vehicle allowance;
(b) the total amount paid during the financial year in respect of all Members for each of the following categories—
(c) the total number of determinations made during the financial year, by each relevant Officer, for each work-related parliamentary allowance and the Budget as appropriate;
(d) the number of instances in which Members have not complied with a request made by the relevant Officer under section 9F of the Act during the financial year.
Schs 1–3 repealed by S.R. No. 94/2019 reg. 7(3).
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Parliamentary Salaries, Allowances and Superannuation Regulations 2019, S.R. No. 84/2019 were made on 16 September 2019 by the Governor in Council under section 9K of the Parliamentary Salaries, Allowances and Superannuation Act 1968, No. 7723/1968 and came into operation on 16 September 2019: regulation 3.
The Parliamentary Salaries, Allowances and Superannuation Regulations 2019 will sunset 10 years after the day of making on 16 September 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Parliamentary Salaries, Allowances and Superannuation Regulations 2019 by statutory rules, subordinate instruments and Acts.