This Determination sets out the amounts of travelling allowance payable within Australia to members of the Parliament and Ministers of State, and the conditions of payment of the allowance.  Other provisions relating to the approval of travel, including car use, are contained in the Members of Parliament – Entitlements Determination. 

CONTENTS

PART 1 – LEGAL MATTERS AND EXPLANATION OF TERMS

PART 2 – RATES

PART 3 – CONDITIONS OF PAYMENT

TABLE 1 – MAXIMUM NUMBER OF OVERNIGHT STAYS FOR CLAUSE 3.14

SCHEDULE A – TRAVEL ALLOWANCE RATES

PART 1 – LEGAL MATTERS AND EXPLANATION OF TERMS

1.1            Authority: This Determination is issued pursuant to sub-sections 7(1), 7(2) and 7(4) of the Remuneration Tribunal Act 1973.

1.2            Effective Date: This Determination takes effect on and from 27 August 2017.

1.3            Effect on Earlier Determinations: This Determination supersedes and revokes in full Determination 2016/08 – Members of Parliament – Travelling Allowance.

1.4            Definitions: The following definitions apply in this Determination:

1.4.1 ‘commercial accommodation’ means accommodation in a commercial establishment such as a hotel, motel or serviced apartment;

1.4.2 ‘home base’ means the member’s principal place of residence.  The home base shall be nominated to the Special Minister of State.  In the case of a Minister or office-holder required to spend continuous periods in Canberra on official business, the home base shall be the place of residence which the Minister or office-holder maintains and to which he or she would ordinarily return if the Minister or office holder was not required to spend the continuous periods in Canberra on official business;

1.4.3 ‘member’ means a member of either House of the Parliament unless otherwise specified;

1.4.4 ‘office holder’ includes the President of the Senate, the Speaker of the House of Representatives, the Leader and the Deputy Leader of the Opposition, the Leader and the Deputy Leader of the Opposition in the Senate, the Deputy President and Chairman of Committees in the Senate, the Deputy Speaker in the House of Representatives and the Leader of a recognised party of at least five members in the Parliament;

1.4.5 ‘Parliamentary Committee’ includes committees concerned with public affairs and committees concerned with the domestic affairs of Parliament;

1.4.6 ‘spouse’ has the same meaning as in the Parliamentary Entitlements Act 1990;

1.4.7 ‘vice-regal function’ means a function hosted by the Governor-General (or Administrator on his/her behalf), or a function hosted by a State Governor (or Administrator on his/her behalf);

1.4.8 ‘year’ means a period commencing on 1 July and ending on the following 30 June.

1.5 Scope of references to cities: Where there is a reference to the following named cities, it is intended that:

1.5.1 Adelaide, Brisbane, Melbourne, Perth or Sydney means locations within a 10 kilometre radius from the General Post Office or five kilometres from the major airport servicing the city;

1.5.2 Darwin or Hobart means locations within a five kilometre radius from the General Post Office or five kilometres from the major airport servicing the city; and

1.5.3 Canberra means locations within a 30 kilometre radius of Parliament House.

1.6 Scope of other references: Where the following terms are used in this Determination, it is intended that:

1.6.1 a reference to the size of an electorate is a reference to the land area of the electorate only, unless the contrary intention appears;

1.6.2 a reference to a meeting of a parliamentary political party, of its executive, or one of its committees, and the national conference of a political party, is a reference only to meetings or conferences which are properly constituted, having been convened by an office holder of the parliamentary political party or by a person designated by the party as a person who may nominate the venue for such meetings.

PART 2 – RATES

2.1 General: The rates in Schedule A shall apply in respect of each overnight stay, as specified in Part 3 of this Determination, in commercial accommodation with effect on and from 27 August 2017 (for stays in non-commercial accommodation see clause 3.5).  A member will receive the amount in Column 3 unless another clause in this Determination applies to him or her.

2.2 Prime Minister: Schedule A does not apply to the Prime Minister.  Rather the Prime Minister shall be provided with accommodation and sustenance up to a limit of $571 for each overnight stay in a place other than an official establishment or the Prime Minister’s home base.  Accommodation and sustenance at official establishments shall be provided at government expense.

2.3 Office holders subject to Column 2 of Schedule A:  The rates in Column 2 apply to the following:

• Deputy Prime Minister;
• Treasurer;
• Leader of the House, and Leader of the Government in the Senate;
• Other Ministers and Parliamentary Secretaries;
• Leader and Deputy Leader of the Opposition in each House;
• Speaker and Deputy Speaker in the House of Representatives;
• President and Deputy President and Chairman of Committees in the

Senate;

• Chief Government Whip, and Chief Opposition Whip, in each House; and
• Leader of a non-government party of at least five members of

Parliament, who is not covered by one of the preceding categories.

PART 3 – CONDITIONS OF PAYMENT

General

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 $191 (one-third of $571) 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 $571 where:

(i)      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 committees, 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 $181 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 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.

3.11 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

(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 committees, 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

(h)         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

(i)           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.

3.12 In addition to the provisions in clause 3.11, 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.

3.13 Other than as provided in clauses 3.14, 3.15, 3.16 and 3.17 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 3.11(b),(c) and (i).  For the sake of clarity, member in this clause has the meaning defined in clause 1.4.3.

3.14 In electorate travel:  In addition to the entitlement in clause 3.11, 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:

TABLE 1 – MAXIMUM NUMBER OF OVERNIGHT STAYS FOR CLAUSE 3.14

3.14.1 A member representing an electorate of 300,000 km2 or more shall be entitled to use up to 30 of the nights per annum in Table 1 for overnight transit stops at the nearest major transport centre, where they are not able to access their electorate through direct flights from within their electorate.

3.14.2 A member representing an electorate of less than 10,000 km² in area, whose electorate includes islands, other than external territories, or separate regional areas located outside the boundary of, and which are at least 100 kms from, the main body of his or her electorate, may access up to a maximum of six overnight stays per annum, for electorate business on those islands or in the separate regional areas.

3.14.3 The Member for Bowman may access up to a maximum of six overnight stays per annum for electorate business on North Stradbroke Island.

3.14.4 If in the previous year a Senator or Member received a supplement under Regulation 3EA of the Parliamentary Entitlements Regulations 1997, the number of nights in Table 1 of this Determination in the following year is reduced by the number of nights travelling allowance paid using the supplement.  However, the Minister may, having regard to the particular circumstances of the Senator or Member, waive this requirement.

3.15 Members for ACT and surrounds:  A Senator or Member of the House of Representatives from the Australian Capital Territory or a Member of the House of Representatives representing an electorate adjacent to the Australian Capital Territory and whose principal place of residence is within a 30 kilometre radius of Parliament House shall be paid a daily expense allowance of $90 for each day that he or she attends in Canberra:

(a) sittings of his or her House of Parliament; or

(b) meetings of his or her parliamentary political party, of its executive or of one of its committees (see clause 1.6.2); or

(c)                meetings of a Parliamentary Committee of which he or she is a member;or

(d)               in respect of official business as a Minister or as an office holder.

A claim for this daily expense allowance should be made on the same basis as set out in clause 3.1, with the 60 days being calculated from the date the attendance in Canberra occurred. 

Travel to External Territories

3.16 A Senator for the Northern Territory or the Member for Lingiari who visits the Cocos (Keeling) Islands and/or Christmas Island, and a Senator for the Australian Capital Territory or the Member for Canberra who visits Norfolk Island for electorate business shall be paid travelling allowance, additional to any other provision, up to a maximum of:

(a) 18 overnight stays per annum in the case of a Senator for the Northern Territory or the Member for Lingiari; and

(b) 11 overnight stays per annum in the case of a Senator for the Australian Capital Territory or the Member for Canberra,

unless prevailing airline schedules prevent the Senator or Member from completing his or her journey within that maximum number of overnight stays.

3.17 A Senator for the Northern Territory or the Member for Lingiari who is required to break his or her journey when travelling to or from the Cocos (Keeling) Islands or Christmas Island on electorate business may be paid travelling allowance for that overnight stay in accordance with the rates in Schedule A.

3.18 A member who visits an external territory (other than Antarctica) on parliamentary business shall be paid a travelling allowance as specified.

3.19 A member who visits an external territory other than in accordance with clause 3.16, shall be paid travelling allowance provided that, prior to embarking on the visit, he or she submits to the Special Minister of State a statement in writing setting out fully:

(a) that the purpose or purposes of the journey was for Parliamentary Committee business as formally authorised by the Parliamentary Committee; and

(b) the period of the visit and proposed itinerary.

Party leader travel

3.20 The Leader of a recognised party of at least five members in the Parliament shall be paid travelling allowance for each overnight stay when travelling in the performance of duties or functions connected with the office of leader providing:

(a) in the case of a Senator, the travel is outside the electoral division of the House of Representatives which contains his or her home base; or

(b) in the case of a Member of the House of Representatives, the travel is outside his or her electorate;

and further providing that travelling allowance payable during visits to the Cocos (Keeling) Islands, Christmas Island, and Norfolk Island shall be limited to a maximum of 11 overnight stays per annum, unless prevailing airline schedules prevent him or her from completing the journey within that maximum number of days.

3.21 The Deputy Leader of a recognised party of at least five members in the Parliament may be paid travelling allowance in respect of not more than 55 overnight stays per annum when travelling outside his or her electorate in the performance of duties or functions connected with the office of Deputy Leader providing:

(a) in the case of a Senator, the travel is outside the electoral division of the House of Representatives which contains his or her home base; or

(b) in the case of a Member of the House of Representatives, the travel is outside his or her electorate.

Chief/Primary Whips

3.22 The Chief/Primary Whip of each party in either the Senate or the House of Representatives when travelling to Canberra on duties or functions connected with their offices, other than when the Parliament is sitting, shall be entitled to be paid travelling allowance in respect of each overnight stay in Canberra occasioned by such duties or functions.

3.22.1 The Chief Whips of the Government and Opposition in the House of Representatives, when travelling outside their home base and outside Canberra on duties and functions connected with their office, shall be entitled to travelling allowance in respect of each overnight stay occasioned by such duties and functions, to a maximum of 20 nights in each year.

3.22.2 The Chief Whips of the Government and Opposition in the Senate, when travelling outside their home base and outside Canberra on duties and functions connected with their office, shall be entitled to travelling allowance in respect of each overnight stay occasioned by such duties and functions, to a maximum of 10 nights in each year.

Whips

3.23 Whips of all parties in either the Senate or the House of Representatives when travelling to Canberra on duties or functions connected with their offices at the request of the Chief Whip, or when travelling to Canberra in place of the Chief Whip, other than when the Parliament is sitting, shall be entitled to be paid travelling allowance in respect of each overnight stay in Canberra occasioned by such duties or functions.

Chairs of Parliamentary Committees

3.24 The chair of a parliamentary committee shall be paid travelling allowance in respect of each overnight stay in a place other than his or her home base when travelling on Parliamentary Committee business.

Shadow Ministers

3.25 Subject to clauses 3.25.1, 3.25.2 and 3.25.3, a member who is a Shadow Minister may be paid travelling allowance in respect of not more than 55 overnight stays per annum when travelling in the performance of duties or functions connected with the office of Shadow Minister providing:

(a) in the case of a Senator, the travel is outside the electoral division of the House of Representatives which contains his or her home base;

(b)         in the case of a Member of the House of Representatives, the travel is outside his or her electorate; and

(c)         in the case of the Shadow Minister with responsibility for the external territories, the travel is to the Cocos (Keeling) Islands, Christmas Island and Norfolk Island, in the performance of duties or functions connected with the office of Shadow Minister.

3.25.1 In the case of the relevant Shadow Minister with responsibility for the external territories, that Shadow Minister may use a maximum of seven overnight stays per annum, within the maximum of 55 overnight stays per annum available to each Shadow Minister, for travel as outlined in clause 3.25.3, provided that, with reasonable notice prior to departure, he or she submits to the Opposition Leader and the Special Minister of State a statement in writing setting out:

(a) his or her intention to travel to the external territory or territories;

(b) an overview of the purpose or purposes of the visit; and

(c) the period of the visit and proposed itinerary.

3.25.2 The provisions outlined in 3.25.1 shall apply to only one Shadow Minister at any point in time.

3.25.3 (a) Except as provided under clause 3.25.3 (b)(i), if during the course of a financial year there is more than one Shadow Minister with responsibility for the external territories, the second or subsequent Shadow Minister shall be entitled to only the remainder of any entitlement under clause 3.25.1 that has not already been used in the financial year.

(b) If during the course of a financial year:

(i) a general election occurs; and

(ii)           there is a change of government,

the relevant Shadow Minister following the change of government shall be entitled to a proportionate amount of the benefit referred to in clause 3.25.1 worked out by the formula set out in sub-section 6(1) of the Parliamentary Entitlements Act 1990.  An amount so worked out must be rounded to the nearest whole number that is greater than zero.

3.26 The number of Shadow Ministers qualifying for this entitlement shall at no stage exceed the number of Ministers.  For the purpose of calculating the number of Shadow Ministers, all Opposition office holders as defined in clause 1.4.4 shall be counted.

3.27 The Opposition may ‘pool’ this entitlement, other than the entitlement referred to in clause 3.25.1, into a block of nights travelling allowance per annum to be allocated at the discretion of the Leader.

Signed this 11th day of August 2017.

SCHEDULE A – TRAVEL ALLOWANCE RATES