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 Circuit Court Judge, unless the contrary intention appears;

4.1.2 ‘Fleet Vehicle Selection (FVS) Policy’, means Commonwealth Department of Finance policy on selection of passenger vehicles for the Australian Government Fleet;

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 Chief Judge, but does not include expenditure relating to the acquisition, leasing or hire of any vehicle;

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 Judge of the Federal Circuit Court of Australia 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. The FVS Policy applies, except as specified in 4.2.2.

4.2.2 Guidelines must provide for choice of an Australian-made vehicle from the FVS Policy list. Where guidelines in place at the date of this determination allowed for choice of an imported vehicle of 2000cc or less from Holden, Ford, Toyota or Nissan, in accordance with the Australian Public Service Executive Vehicle Scheme, that option can continue to be offered.

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:

1. a Commonwealth-provided privately plated vehicle leased in accordance with the FVS Policy, and subject to any guidelines issued in accordance with 4.2; or

(ii) reimbursement of private vehicle running costs incurred by the Chief Justice up to $10,850.

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:

(i) a Commonwealth-provided privately plated vehicle leased in accordance with the FVS Policy, and subject to any guidelines issued in accordance with 4.2; or

(ii) reimbursement of private vehicle running costs incurred by the Judge up to $10,850.

4.5 Access to privately plated vehicles or reimbursement of private vehicle running costs for Judges of the Federal Circuit Court: A Federal Circuit Court Judge is allowed annually:

(i) a Commonwealth-provided privately plated vehicle leased in accordance with the FVS Policy, and subject to any guidelines issued in accordance with 4.2; or

(ii) reimbursement of private vehicle running costs incurred by the Federal Circuit Court Judge up to $10,850.

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 Circuit Court Judge may elect to vary his or her election under clause 4.3, 4.4 or 4.5 to, or from, a privately plated vehicle provided by the Commonwealth 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.