Part 4COMMONWEALTH PROVIDED VEHICLES AND REIMBURSEMENT OF PRIVATE VEHICLE RUNNING COSTS FOR JUDGES

PART 4 - COMMONWEALTH PROVIDED VEHICLES AND REIMBURSEMENT OF PRIVATE VEHICLE RUNNING COSTS FOR JUDGES

4.1 Definitions: For the purposes of this part of the Determination, the following definitions apply.

4.1.1 ‘Judge’ refers to a Judge other than a Federal Magistrate.

4.1.2 'The Executive Vehicle Scheme’, (EVS) means the scheme for the use of privately plated Commonwealth vehicles administered by the Department of Employment and Workplace Relations (DEWR);

4.1.3 'Commonwealth car-with-driver service' means the arrangements for the use of a Commonwealth car-with-driver established from time to time by the Attorney-General with the Chief Justice of the High Court of Australia, the Chief Justice of the Federal Court of Australia and the Chief Justice of the Family Court of Australia for Judges of those Courts;

4.1.4 'principal registry' means –

(i) in the case of the High Court of Australia, the Registry of the Court;

(ii) in the case of the Federal Court of Australia, the Principal Registry;

(iii) in the case of the Family Court of Australia, the Principal Registry;

4.1.5 'private vehicle running costs' include costs of a kind described in guidelines issued by the relevant Chief Justice or the Chief Federal Magistrate, but does not include expenditure relating to the acquisition, leasing or hire of any vehicle; and

4.1.6 references in the EVS to 'Agency Heads' should be read as references to the person or group of persons within each Court with responsibility for managing the administrative affairs of the Court.

4.2 Guidelines: The Chief Justice of the High Court of Australia, the Chief Justice of the Federal Court of Australia, the Chief Justice of the Family Court of Australia and the Chief Federal Magistrate may issue guidelines for the purposes of this Part.

4.2.1 Guidelines issued under this section must take account of established Commonwealth standards for the efficient, effective and ethical use of Commonwealth resources.

4.3 Arrangements for the Chief Justice of the High Court: In addition to a Commonwealth car-with-driver service, the Chief Justice of the High Court of Australia is allowed annually:

(ii) reimbursement of private vehicle running costs incurred by the Chief Justice up to $9,060.

4.4 Access to privately plated vehicles or reimbursement of private vehicle running costs for Judges: A Judge, other than the Chief Justice of the High Court of Australia, who has elected for the time being to forgo the entitlement, either in the Judge's city of residence or in the city in which the principal registry of the Court is situated, to a regular Commonwealth car-with-driver service, is allowed annually in that city and as the alternatives to that service:

(ii) reimbursement of private vehicle running costs incurred by the Judge up to $9,060.

4.5 Access to privately plated vehicles or reimbursement of private vehicle running costs for Federal Magistrates: A Federal Magistrate is allowed annually:

(ii) reimbursement of private vehicle running costs incurred by the Federal Magistrate up to $9,060.

4.6 No cashing out: The value of the entitlement allowed under clauses 4.3, 4.4 or 4.5 may not be taken as cash, except to the extent that reimbursement is claimed for expenditure in accordance with paragraphs 4.3(ii), 4.4(ii) or 4.5(ii).

4.7 Election to vary allowance: During a year, the Chief Justice of the High Court of Australia, a Judge or a Federal Magistrate may elect to vary his or her allowance under clause 4.3, 4.4 or 4.5 to, or from, a privately plated vehicle under the EVS from, or to, obtaining reimbursement of private vehicle running costs, provided that no additional administrative or other expenses are incurred by the Commonwealth as a result of the election to so vary this allowance.