Parliamentary Business Resources (Former Prime Ministers) Determination 2017
I, MALCOLM BLIGH TURNBULL, Prime Minister, make this determination.
Dated 22 December 2017
Malcolm Turnbull
Prime Minister
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Resources for former Prime Ministers
6 Meaning of official business
7 Miscellaneous
Schedule—The Hon Robert (Bob) J L Hawke AC
Schedule—The Hon Paul John Keating
Schedule—The Hon John Winston Howard OM AC
Schedule—The Hon Kevin Michael Rudd
Schedule—The Hon Julia Eileen Gillard AC
Schedule—The Hon Anthony (Tony) John Abbott MP
This instrument is the Parliamentary Business Resources (former Prime Ministers) Determination 2017.
This instrument commences at the same time as the Parliamentary Business Resources Act 2017.
This instrument is made under section 16 of the Parliamentary Business Resources Act 2017.
(1) In this instrument:
Act means the Parliamentary Business Resources Act 2017.
Note: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:
(a) commercial purpose;
(b) member;
(c) office holder;
(d) resources provider;
(e) spouse;
(f) travel expenses.
in Parliament, in relation to a former Prime Minister, means a member as defined in section 5 of the Act.
official business has the meaning given by section 6.
Parliamentary Retirement Travel Entitlement Holder means the travel entitlements provided to a former Prime Minister under the Parliamentary Retirement Travel Act 2002.
5 Resources for former Prime Ministers
(1) For the purposes of section 16 of the Act, a former Prime Minister is provided the resources, subject to any condition, as specified in the relevant Schedule for the former Prime Minister, as follows:
(a) The Hon Robert (Bob) J L Hawke AC is to be provided with the resources specified in Schedule—The Hon Robert (Bob) J L Hawke AC;
(b) The Hon Paul John Keating is to be provided with the resources specified in Schedule—The Hon Paul John Keating;
(c) The Hon John Winston Howard OM AC is to be provided with the resources as specified in Schedule—The Hon John Winston Howard OM AC;
(d) The Hon Kevin Michael Rudd is to be provided with the resources specified in Schedule—The Hon Kevin Michael Rudd;
(e) The Hon Julia Eileen Gillard AC is to be provided with the resources specified in Schedule—The Hon Julia Eileen Gillard AC; and
(f) The Hon Anthony (Tony) John Abbott MP is to be provided with the resources specified in Schedule—The Hon Anthony (Tony) John Abbott MP.
(2) A former Prime Minister may decide not to be provided any or all of the resources specified in the relevant Schedule by notifying the resources provider in writing.
(3) A former Prime Minister who makes a decision under subsection (2) may reverse that decision at any time by notifying the resources provider in writing.
(4) For the avoidance of doubt, the resources provided to a former Prime Minister under the relevant Schedule are in addition to the entitlements and resources provided to the former Prime Minister under another enactment.
(5) For a former Prime Minister in Parliament, official business relates to activities where the dominant purpose is in the official capacity of a former Prime Minister and is not otherwise covered under the Act.
6 Meaning of official business
(1) For the purposes of section 16(2)(a) of the Act, official business means business undertaken in the capacity of former Prime Minister and may include, but is not limited to,:
(a) preparing for, participating in, or attending to matters arising from an official government, parliamentary or vice-regal meeting, event or function to which the former Prime Minister has been invited in their official capacity;
(b) preparing for, participating in, or attending to matters arising from a meeting, event or function to which the former Prime Minister has been invited in their official capacity;
(c) representing the Government or Australia, with the approval of the Prime Minister;
(d) undertaking research, communication or administration connected with their role as former Prime Minister;
(e) correspondence or other communications to, with and on behalf of members of the Australian public;
(f) other activities directly related to, and engaged in for the purposes of, performing the role of former Prime Minister.
(2) Official business does not include activities related to:
(a) a commercial purpose; or
(b) a private purpose, such as for personal benefit for the former Prime Minister or personal benefit of another person.
(1) Where a former Prime Minister is entitled to claim a resource under this determination and claim the equivalent resource under another enactment for the same activity, the former Prime Minister should only claim the resource once for the same activity.
(2) Whenever possible, the former Prime Minister should seek to comply with the requirement for value for money as defined in section 5 of the Act when accessing the resources provided under this determination.
Schedule—The Hon Robert (Bob) J L Hawke AC
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One non-ongoing employee no higher than top of the Public Service SES Band 1 range | For a period of 12 months commencing from 10 January 1992 |
2 | One non-ongoing employee at a Secretary position | For a period of 12 months commencing from 10 January 1992 |
3 | One position not above Private Secretary Grade 3 level (now “Senior Adviser”) | These positions do not carry an entitlement to Ministerial Staff Allowance (now “Parliamentary Staff Allowance”) or overtime. |
4 | One position not above Private Secretary Grade 1 level (now “Assistant Adviser”) | |
5 | Parliamentary Retirement Travel Entitlement holder |
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6 | In capital city of home State, choice between: a) an allocated car and driver for former Prime Minister and accompanying spouse; and b) a private-plated vehicle for travel other than to and from airports |
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7 | Elsewhere in Australia, access to pool transport for former Prime Minister and accompanying spouse |
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8 | For former Prime Minister and accompanying spouse, access to cars at overseas posts which maintain a car fleet, but for specific journeys only | This entitlement does not extend to the use of commercial hire car vehicles |
9 | An office (furnished, equipped and with unlimited postage) to accommodate the former Prime Minister and his staff, in the city in which he has his residence |
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10 | A fully official telephone at each residence, a cellular mobile telephone, and one Telecom Telecard for calls at official expense within Australia |
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11 | Staff travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to an annual value of $15,000. | The amount to be reviewed annually |
12 | Temporary storage of personal belongings while arranging residential accommodation at Commonwealth expense | From 10 January 1992 |
Schedule—The Hon Paul John Keating
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One non-ongoing employee no higher than top of the Public Service SES Band 1 range | For a period of 12 months commencing from 8 March 1996 |
2 | One non-ongoing employee at a Secretary position | For a period of 12 months commencing from 8 March 1996 |
3 | One position not above Private Secretary Grade 3 level (now “Senior Adviser”) | These positions do not carry an entitlement to Ministerial Staff Allowance (now “Parliamentary Staff Allowance”) or overtime. |
4 | One position not above Private Secretary Grade 1 level (now “Assistant Adviser”) | |
5 | Option of either: a) appointing the COMCAR driver to their staff, where they retain use of a chauffeur driven COMCAR; or b) employing a driver on their personal staff where they elect to have a private-plated vehicle |
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6 | Parliamentary Retirement Travel Entitlement holder |
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7 | In capital city of home State, choice between: a) an allocated car and driver (with the additional option of appointing the driver to their personal staff), for former Prime Minister and accompanying spouse; elsewhere in Australia, access to pool transport, for former Prime Minister and accompanying spouse; or b) private-plated vehicle (with the option of engaging a driver on their personal staff), plus access to pool transport, for former Prime Minister and accompanying spouse |
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8 | Access to car transport so that your children may be driven without being accompanied by the former Prime Minister or Mrs Keating when they are travelling for purposes related to school activities |
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9 | For former Prime Minister and accompanying spouse, access to cars at overseas posts which maintain a car fleet, but for specific journeys only | This entitlement does not extend to the use of commercial hire car vehicles |
10 | An office (furnished, equipped and with unlimited postage for official purposes) to accommodate the former Prime Minister and staff, within the city in which he has his residence |
|
11 | A fully official telephone at each residence, a cellular mobile telephone, and one Telecom Telecard for calls at official expenses within Australia |
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12 | Staff travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to an annual value of $15,000. | The amount to be reviewed annually |
13 | Assistance with storage of effects for six months | From 8 March 1996 |
14 | Close protection by the Australian Federal Police and guarding of your residence for a period of six months, with a review of these arrangements at the end of the period | From 8 March 1996 |
15 | A security assessment of the former Prime Minister’s principal residence and the office accommodation provided at Commonwealth expense and provision of security enhancements |
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Schedule—The Hon John Winston Howard OM AC
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One non-ongoing employee at the Assistant Adviser level | For a period of up to 12 months commencing from 4 December 2007 |
2 | One position not above Adviser Level 2 | These positions do not carry an entitlement to Parliamentary Staff Allowance or overtime. |
3 | One position not above Assistant Adviser level | |
4 | If applicable, one position not above Executive Assistant Level 2 (Driver) | |
5 | Parliamentary Retirement Travel Entitlement holder |
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6 | A choice between: a) an allocated car and driver in capital city of home State (with the additional option of appointing the driver to their personal staff), for former Prime Minister and accompanying spouse; elsewhere in Australia, access to pool transport, for former Prime Minister and accompanying spouse; or b) private-plated vehicle (with the option of engaging a driver on their personal staff), plus access to pool transport, elsewhere in Australia |
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7 | For former Prime Minister and accompanying spouse, access to cars at overseas posts which maintain a car fleet, but for specific journeys only | This entitlement does not extend to the use of commercial hire car vehicles |
8 | An office (furnished, equipped and with unlimited postage for official purposes) to accommodate the former Prime Minister and his staff, within the city in which he has his residence |
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9 | A fully official telephone and facsimile at each residence and a mobile telephone for calls at official expense within Australia |
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10 | A mobile phone or a smartphone or a Subscriber Identity Module (SIM) card for use in a personally-owned device |
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11 | Staff travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to an annual value of $15,000. | The amount to be reviewed annually |
12 | Appropriate security arrangements for principal residence and/or office |
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Schedule—The Hon Kevin Michael Rudd
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One position not above the level of Adviser/Media Adviser | a) Entitlement to these positions commence from 29 November 2013. b) These positions do not carry an entitlement to Parliamentary Staff Allowance. c) All staff should be based in the home city of the nominated office only—non-standard work base for staff is not approved d) Salaries are as set out for a ‘non-Government personal employee’ in the Enterprise Agreement applicable for staff employed under the Members of Parliament (Staff) Act 1984 e) Persons employed in these positions are permitted to hold outside employment provided they have written agreement of the former Prime Minister to do so. Reasonable steps should be taken to disclose and avoid any real or apparent conflict of interests. |
2 | One position not above the level of Assistant Adviser | |
3 | If the former Prime Minister engages a driver on his personal staff, an extra position not above the level of Executive Assistant | |
4 | One non-ongoing employee at the Senior Adviser 1 (Cabinet) level, for a period of 12 months from 29 November 2013 | |
5 | When an employee is absent on approved leave for 12 weeks or more, a person may be temporarily employed under the MOP(S) Act to fill the vacancy. | |
6 | As former Prime Ministers are not provided with an entitlement to a relief staff budget, they will need to ensure that arrangements are in place within the workplace to cover periods of employee absence of less than 12 weeks. | |
7 | Parliamentary Retirement Travel Entitlement holder |
|
8 | Office accommodation for official business as a former Prime Minister, together with: a) equipment (other than office information and communications technology equipment); b) facilities; c) office requisites; and d) stationery necessary; to operate the office to accommodate the former Prime Minister and his personal employees, within the city in which the former Prime Minister has his principal residence | As approved by the Minister |
9 | Office information and communications technology equipment necessary to operate the office. This includes items such as: a) computers; b) software; c) printers; d) multi-function devices; e) mobile telephones; and f) smartphones. It does not include office telephone landlines and associated equipment—office telephone equipment is approved by the Minister. | As approved by the Presiding Officers |
10 | Unlimited postage for official business as a former Prime Minister |
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11 | Access to Commonwealth Parliament Offices for use consistent with the standing arrangements for visiting access by former Prime Ministers for official business as a former Prime Minister |
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12 | A mobile phone or a smartphone or a Subscriber Identity Module (SIM) card for use in a personally-owned device, for communication related to a former Prime Minister’s official business | The mobile phone or smartphone is to be a type approved by the Presiding Officers |
13 | The cost of purchasing publications (including electronic publications) for purposes relating to official business as a former Prime Minister, but not commercial business, up to the amount provided for a member of the House of Representatives representing an electorate with a demographic rating of inner metropolitan |
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13 | A telephone line, including rental, transfer and call costs in each of the former Prime Minister’s private residence(s) for official business as a former Prime Minister |
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14 | The former Prime Minister is entitled to an Australian made, private-plated standard vehicle, including all running and maintenance costs, as advised by the Minister for office holders, consistent with the guidelines that may apply at the time to the provision of private-plated vehicles to members under the Act. The former Prime Minister has the option of engaging a driver on his personal staff (at a level not above the Executive Assistant level). | The Minister may approve a non-Australian or non-standard private-plated vehicle in special circumstances. |
15 | A former Prime Minister has access to car-with-driver transport within Australia, excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling on official business as a former Prime Minister, other than in the town or city in which the private-plated vehicle is based or the capital city in which the former Prime Minister has an allocated car and driver. |
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16 | A former Prime Minister has access to car-with-driver transport within the town or city in which the private-plated vehicle is based for direct travel on official business as a former Prime Minister between his home base or his Commonwealth provided office and the nearest airport or railway station, or when travelling to attend either a Vice Regal function or an official function for purposes related to his role as a former Prime Minister. |
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17 | A former Prime Minister has access to car transport for specific journeys only when travelling overseas on official business as a former Prime Minister in locations where an overseas post maintains a vehicle fleet. |
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18 | For the spouse or de facto partner of a former Prime Minister, car-with-driver transport within Australia excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling to accompany or join a former Prime Minister who is travelling on official business as a former Prime Minister |
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19 | Employee travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to $15,000 per financial year. All costs of travel including fares, travelling allowance and car transport payments will be deducted from the employee travel budget.
The incumbent Prime Minister may consider a request from a former Prime Minister where special circumstances require an increase to the employee travel budget. | Other than provided in this Schedule, the usual terms and conditions that apply to travel by MOP(S) Act employees apply |
20 | A security assessment of the former Prime Minister’s principal residence and the office accommodation provided at Commonwealth expense and provision of security enhancements |
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Schedule—The Hon Julia Eileen Gillard AC
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One position not above the level of Adviser/Media Adviser | a) These positions do not carry an entitlement to Parliamentary Staff Allowance. b) All staff should be based in the home city of the nominated office only, so in Adelaide—non-standard work base for staff is not approved c) Salaries are as set out for a ‘non-Government personal employee’ in the Enterprise Agreement applicable for staff employed under the Members of Parliament (Staff) Act 1984 d) Persons employed in these positions are permitted to hold outside employment provided they have written agreement of the former Prime Minister to do so. Reasonable steps should be taken to disclose and avoid any real or apparent conflict of interests. |
2 | One position not above the level of Assistant Adviser | |
3 | If the former Prime Minister engages a driver on his personal staff, an extra position not above the level of Executive Assistant | |
4 | One non-ongoing employee at the Senior Adviser 1 level, for a period of 12 months from 17 October 2013 | |
5 | When an employee is absent on approved leave for 12 weeks or more, a person may be temporarily employed under the MOP(S) Act to fill the vacancy. | |
6 | As former Prime Ministers are not provided with an entitlement to a relief staff budget, they will need to ensure that arrangements are in place within the workplace to cover periods of employee absence of less than 12 weeks. | |
7 | Parliamentary Retirement Travel Entitlement holder |
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8 | Office accommodation for official business as a former Prime Minister, together with: a) equipment (other than office information and communications technology equipment); b) facilities; c) office requisites; and d) stationery necessary; to operate the office to accommodate the former Prime Minister and her personal employees, within the city in which the former Prime Minister has her principal residence | As approved by the Minister |
9 | Office information and communications technology equipment necessary to operate the office. This includes items such as: a) computers; b) software; c) printers; d) multi-function devices; e) mobile telephones; and f) smartphones. It does not include office telephone landlines and associated equipment—office telephone equipment is approved by the Minister. | As approved by the Presiding Officers |
10 | Unlimited postage for official business as a former Prime Minister |
|
11 | Access to Commonwealth Parliament Offices, including Melbourne, for use consistent with the standing arrangements for visiting access by former Prime Ministers for official business as a former Prime Minister |
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12 | A mobile phone or a smartphone or a Subscriber Identity Module (SIM) card for use in a personally-owned device, for communication related to a former Prime Minister’s official business | The mobile phone or smartphone is to be a type approved by the Presiding Officers |
13 | The cost of purchasing publications (including electronic publications) for purposes relating to official business as a former Prime Minister, but not commercial business, up to the amount provided for a member of the House of Representatives representing an electorate with a demographic rating of inner metropolitan |
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13 | A telephone line, including rental, transfer and call costs in each of the former Prime Minister’s private residence(s) for official business as a former Prime Minister |
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14 | The former Prime Minister is entitled to an Australian made, private-plated standard vehicle, including all running and maintenance costs, as advised by the Minister for office holders, consistent with the guidelines that may apply at the time to the provision of private-plated vehicles to members under the Act. The former Prime Minister has the option of engaging a driver on his personal staff (at a level not above the Executive Assistant level). | The Minister may approve a non-Australian or non-standard private-plated vehicle in special circumstances. |
15 | A former Prime Minister has access to car-with-driver transport within Australia, excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling on official business as a former Prime Minister, other than in the town or city in which the private-plated vehicle is based or the capital city in which the former Prime Minister has an allocated car and driver. |
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16 | A former Prime Minister has access to car-with-driver transport within the town or city in which the private-plated vehicle is based for direct travel on official business as a former Prime Minister between her home base or her Commonwealth provided office and the nearest airport or railway station, or when travelling to attend either a Vice Regal function or an official function for purposes related to her role as a former Prime Minister. |
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17 | A former Prime Minister has access to car transport for specific journeys only when travelling overseas on official business as a former Prime Minister in locations where an overseas post maintains a vehicle fleet. |
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18 | For the spouse or de facto partner of a former Prime Minister, car-with-driver transport within Australia excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling to accompany or join a former Prime Minister who is travelling on official business as a former Prime Minister |
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19 | Employee travel at economy class within Australia for official purposes at the direction of the former Prime Minister, up to $15,000 per financial year. All costs of travel including fares, travelling allowance and car transport payments will be deducted from the employee travel budget.
The incumbent Prime Minister may consider a request from a former Prime Minister where special circumstances require an increase to the employee travel budget. | Other than provided in this Schedule, the usual terms and conditions that apply to travel by MOP(S) Act employees apply |
20 | A security assessment of the former Prime Minister’s principal residence and the office accommodation provided at Commonwealth expenses and provision of agreed security enhancements |
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Schedule—The Hon Anthony (Tony) John Abbott MP
(Act s 16(1))
Column 1 | Column 2 | Column 3 |
Item | Resources | Condition |
1 | One non-ongoing position not above the level of Senior Adviser, for a period of no longer than 12 months.
| a) Salaries are as set out in the Enterprise Agreement applicable for staff employed under the Members of Parliament (Staff) Act 1984. b) These positions will carry an entitlement to Parliamentary Staff Allowance for reasonable additional hours of work in accordance with the Enterprise Agreement. c) Persons employed in these positions may have a work base in a different location to the former Prime Minister’s office—working from home is subject to approval under the Enterprise Agreement and Enterprise Agreement Guidelines and requires the approval of the Minister in accordance with the Guidelines. d) Persons employed in these positions are permitted to hold outside employment provided they have written agreement of the former Prime Minister to do so. Reasonable steps should be taken to disclose and avoid any real or apparent conflict of interests. |
2 | One ongoing position not above the level of Assistant Adviser. | |
3 | When an employee is absent on approved leave for 12 weeks or more, a person may be temporarily employed under the MOP(S) Act to fill the vacancy. | |
4 | Scheduled commercial services within Australia, excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling on official business as a former Prime Minister. The cost of travel is limited to the cost of a business class airfare for the most reasonable and usual route between the departure and destination points, or the cost of an economy class airfare where no business class airfare is published (other than where a former Prime Minister cannot travel by air on medical grounds, in which case the Minister may approve payment of the full fare on an alternative mode, or modes, of transport). |
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5 | Car-with-driver transport within Australia, excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling on official business as a former Prime Minister, other than within the town or city in which the former Prime Minister resides or has an electorate office or an official office. |
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6 | Car transport for specific journeys only when travelling overseas on official business as a former Prime Minister in locations where an overseas post maintains a vehicle fleet. |
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7 | Car-with-driver transport, while a member under the Act, for travel to and from official events in Sydney, when attending those events in the capacity as a former Prime Minister. |
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8 | Travelling allowance at the rate set by the Remuneration Tribunal for specified Members for each overnight stay away from his home base that is primarily occasioned by travel on official business as a former Prime Minister.
In order for the specified Member rate of travelling allowance to be paid, the former Prime Minister must note on the travelling allowance claim submitted to the resources provider that his overnight stay was primarily occasioned by official business as a former Prime Minister. | Travelling allowance cannot be claimed as a former Prime Minister and as a member under the Act for the same overnight stay |
9 | Spouse or de facto partner travel on scheduled commercial services within Australia, excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), to accompany or join the former Prime Minister who is travelling on official business as a former Prime Minister. The cost of travel is limited to the cost of a business class airfare for the most reasonable and usual route between the departure and destination points, or the cost of an economy class airfare where no business class airfare is published (other than where a spouse or de facto partner of a former Prime Minister cannot travel by air on medical grounds, in which case the Minister may approve payment of the full fare on an alternative mode, or modes, of transport). |
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10 | Spouse or de facto partner travel with car-with-driver transport within Australia excluding the external territories (Norfolk Island, Christmas and Cocos (Keeling) Islands), when travelling to accompany or join a former Prime Minister who is travelling on official business as a former Prime Minister. |
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11 | One nominated electorate employee may travel as directed anywhere within Australia on official business without debit from the Electorate Staff Travel Budget. The nomination of the electorate employee is subject to the same arrangements applying to the nomination of an electorate employee of a Minister under the MOP(S) Act. | Other than provided in this Schedule, the usual terms and conditions that apply to travel by MOP(S) Act employees apply |
12 | A mobile phone or a smartphone or a Subscriber Identity Module (SIM) card for use in a personally-owned device, and a laptop computer for use by each personal employee position allocated to the former Prime Minister at a level of Assistant Adviser or above. | The mobile phone or smartphone is to be a type approved by the Presiding Officers |
13 | A security assessment of the former Prime Minister’s principal residence and the office accommodation provided at Commonwealth expense and provision of security enhancements |
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