Remuneration Tribunal Determination 2013/17 - Members of Parliament - Travelling Allowance
PART 3CONDITIONS OF PAYMENT
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3.1 Need to claim: Travelling allowance, other than as provided for in clause 3.4, must be the subject of a claim by members. A member must submit a claim for travelling allowance for an overnight stay or overnight stays under a provision of this determination, or a request for an extension to submit a claim, within 60 days from the date the travel is completed. Payment will not be made on a claim submitted after the 60 day period has elapsed, unless the Special Minister of State, or his or her nominee, has approved an extension of time. Consideration of whether such an approval will be granted is made upon receipt of a written request for an extension of time from a member – if the claim is not then submitted within the agreed extended time, payment will not be made.
3.2 No double payment: Where a claim for travelling allowance for an overnight stay or overnight stays is made or received under a provision of this determination, a person is not entitled to claim or receive travelling allowance or reimbursement of travelling expenses under any other source of entitlement for the same overnight stay or overnight stays.
3.3 Procedural Rules: Procedural rules to give full effect to this Determination shall be such as may be made from time to time by the Special Minister of State. Procedural rules made in respect of a travel Determination, including those previously made in respect of past Determinations, shall continue to apply to succeeding Determinations until amended or repealed by the Special Minister of State.
3.4 Canberra documentation: The Canberra rate in Schedule A is payable subject to documentary evidence of arrival in or departure from Canberra (in accordance with guidelines issued by the Special Minister of State) being produced on request. If such evidence is not produced within 60 days of it being requested, any travelling allowance paid in respect of the undocumented period must be repaid. Clauses 3.5 and 3.6 do not apply to stays in Canberra.
3.5 Not staying in commercial accommodation: Where a member is accommodated in private, non-commercial accommodation such as the home of a family member or friend, a rate of one third of the rate in Schedule A is payable, rounded upwards to the nearest dollar.
3.6 Staying in commercial accommodation: In order to be paid the commercial accommodation rate (the full rate in Schedule A), a receipt for the commercial accommodation must be produced or certification must be made that a receipt for the commercial accommodation can be produced, and will be produced upon request. If a receipt for the commercial accommodation, or other satisfactory validation of the expense, is not produced within 60 days of it being requested any travelling allowance paid in respect of the un-receipted accommodation must be repaid. Where the mode of transport includes an en route accommodation component no travelling allowance will be paid.
3.7 Prime Minister – variations to clause 2.2: If no receipt is produced or certification made that a receipt can be produced on request, the Prime Minister is entitled to $186 (one-third of $558) for each overnight stay in a place other than an official establishment or his/her home base.
3.7.1 In exceptional circumstances, the Commonwealth may pay the accommodation and sustenance costs incurred by the Prime Minister where those costs exceed $558 where:
those costs are incurred in respect of overnight stays in a place other than an official establishment or the Prime Minister’s home base; and
(ii) the overnight stay is occasioned by official business as the Prime Minister.
Stays for which claims can be made
3.8 Ministers of State (other than the Prime Minister) and Office Holders: Travelling allowance shall be payable to a Minister (other than the Prime Minister) or an office holder for each overnight stay in a place other than his or her home base when that stay is occasioned primarily by:
(a) sittings of the House of Parliament or direct travel to or from such sittings; or
(b) official business as a Minister or as an office holder; or
(c) meetings of, or the formal business of, parliamentary committees of which he or she is a member or direct travel to or from such meetings; or
(d) meetings in Canberra of his or her parliamentary political party, of its executive or of its committees (see clause 1.6.2) or direct travel to or from such meetings; or
(e) meetings of his or her parliamentary political party executive (see clause 1.6.2) outside Canberra or direct travel to or from such meetings; or
(f) meetings, other than in Canberra, of a parliamentary political party, or of its executive, or of its committeees, and attendance at the national and state conferences of a political party, to which he or she belongs (see clause 1.6.2), and meetings outside the electorate on electorate business up to a maximum of ten overnight stays per annum in total, and direct travel to or from such meetings or conferences.
3.8.1 In exceptional circumstances the Commonwealth may pay the accommodation costs incurred by a Minister where those costs are incurred in respect of overnight stays in a place other than his or her home base or Canberra when that stay is occasioned primarily by the sittings, official business and meetings specified in clauses 3.8(a) to 3.8(f) above.
3.8.2 Where the costs of accommodation are met in accordance with clause 3.8.1, travelling allowance may be paid for meals and incidental costs only up to a limit of $167 per day, except where the mode of transport includes an en route accommodation component in which case no travelling allowance on account of meals and incidental costs will be paid. Any claim for travelling allowance shall be subject to provision of receipts and made on a reimbursement basis.
3.9 A Minister, when acting as Prime Minister, is entitled to travelling allowance in accordance with clauses 2.2 and 3.7.
3.10 Where the spouse of a Minister or an office holder travels in the company of the Minister or office holder at government expense the relevant travelling allowance rate will be increased by $10.
3.11 In addition to the provisions in clause 3.8, a Minister or an office holder travelling between Western Australia or the Northern Territory and Canberra on parliamentary business who is required to break a journey may be paid travelling allowance in accordance with the rates in Schedule A, only where the Minister or office holder certifies that the break in journey was caused by there being no same-day connecting flight reasonably available.
3.12 Members: Travelling allowance shall be payable to a member for each overnight stay in a place other than his or her home base when that stay is occasioned primarily by:
(a) sittings of the House of Parliament or direct travel to or from such sittings; or
(b) meetings of or the formal business of parliamentary committees to which he or she is appointed or direct travel to or from such meetings; or
(c) attendance at functions representing a Minister or a Presiding Officer on official business as a Minister or Presiding Officer, or direct travel to or from such functions, provided the Minister or Presiding Officer nominates the function in advance in a written request to the member to represent him or her; or
meetings in Canberra of his or her parliamentary political party, of its executive or of its committees (see clause 1.6.2) or direct travel to or from such meetings; or
(e) meetings of his or her parliamentary political party executive (see clause 1.6.2) outside Canberra or direct travel to or from such meetings; or
(f) meetings, other than in Canberra, of a parliamentary political party, or of its executive, or of its committeees, attendance at the national and state conferences of a political party, to which he or she belongs (see clause 1.6.2), and meetings outside the electorate on electorate business up to a maximum of ten overnight stays per annum in total, and direct travel to or from such meetings or conferences; or
(g) attendance at official government, parliamentary or vice-regal functions; or
meetings of a non-statutory body which a member has been nominated to attend by resolution of either House, where the member performs duties principally as a representative or alternate representative, of the Parliament; or
attendance at properly constituted meetings of a Government advisory committee or task force provided that the member is appointed to the committee or task force.
3.13 In addition to the provisions in clause 3.12, a member travelling between Western Australia or the Northern Territory and Canberra on parliamentary business who is required to break a journey may be paid travelling allowance in accordance with the rates in Schedule A, only where the member certifies that the break in journey was caused by there being no same-day connecting flight reasonably available.
3.14 Other than as provided in clauses 3.15, 3.16, 3.17 and 3.18 travelling allowance is not payable to a member for an overnight stay within the electoral division of the House of Representatives which contains the home base of the member - except that a member whose home base is in a House of Representatives electorate that is over 100,000 km2 will also be eligible for travelling allowance for overnight stays within that electorate for travel under clauses 3.12(b),(c) and (i). For the sake of clarity, member in this clause has the meaning defined in clause 1.4.3.
3.15 In electorate travel: In addition to the entitlement in clause 3.12, a Member of the House of Representatives whose electorate is 10,000 km2 or more in area, or a Senator, who:
(a) travels in his or her electorate (State or Territory for a Senator) on parliamentary or electorate business; and
(b) stays overnight in a place other than his or her home base; and
(c) makes a claim identifying the places and nights of absence,
may be paid travelling allowance at the relevant rate in Schedule A for each overnight stay, subject to the limits in the table below: