Remuneration Tribunal (Official Travel) Determination 2019

We, the members of the Remuneration Tribunal, make the following determination.

Dated 16 August 2019

Contents

Part 1—Preliminary

1 Name...............................................

2 Commencement.........................................

3 When this instrument takes effect...............................

4 Authority.............................................

5 Determination supersedes previous determination.....................

6 Schedules.............................................

7 Definitions............................................

Part 2—General provisions

8 Purpose of this instrument...................................

9 Application of this instrument.................................

10 General principles for administering this instrument....................

Part 3—Travel on official business

11 Class of travel..........................................

12 Upgrade..............................................

13 Accompanied travel.......................................

14 Agency travel providers....................................

15 Frequent flyer points......................................

Part 4—Travel expenses and travel allowance

Division 1—General provisions for travel expenses and travel allowance

16 Payment of travel expenses and travel allowance......................

17 Accompanied accommodation costs.............................

18 No double payment.......................................

Division 2—Travel within Australia

19 Travel within Australia.....................................

20 Travel allowance for travel within Australia.........................

21 Part payment of travel allowance...............................

22 Non‑commercial accommodation.........................

23 Unavoidable higher accommodation cost..........................

24 Additional meals.........................................

Division 3—Overseas travel

25 Travel allowance for overseas travel.............................

Part 5—Official travel by motor vehicle

26 Vehicle travel..........................................

Part 6—Rates of travel allowance

27 Rates of travel allowance—capital cities...........................

28 Rates of travel allowance—country centres.........................

29 Meal and incidental components—high cost centres....................

30 Meal and incidental components—other country centres.................

31 Group 2 country centres....................................

Schedule 1—Repeals

Remuneration Tribunal (Official Travel) Determination 2018

Part 1—Preliminary

1  Name

  This instrument is the Remuneration Tribunal (Official Travel) Determination 2019.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  When this instrument takes effect

  This instrument takes effect at the start of 25 August 2019.

4  Authority

  This instrument is made under subsections 5(2A) and 7(3) and (4) of the Remuneration Tribunal Act 1973.

5  Determination supersedes previous determination

  This instrument supersedes the Remuneration Tribunal (Official Travel) Determination 2018.

6  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

7  Definitions

  In this instrument:

Act means the Remuneration Tribunal Act 1973.

agency, of an office holder, means:

 (a) the agency to which the office holder is attached; or

 (b) if the office holder is not attached to an agency—the portfolio Department.

commercial accommodation means accommodation in a commercial establishment such as a hotel, motel or serviced apartment.

de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.

employing authority, in relation to an office holder, means:

 (a) if the office holder holds a principal executive office for which there is an employing body—the employing body; or

 (b) otherwise—an entity exercising a power or performing a function in relation to the office holder’s employment or remuneration.

Note: For the Minister’s power to declare the employing body for a principal executive office, see section 3B of the Act.

home base, in relation to an office holder, means the town or city in which the office holder’s principal place of residence is located.

office means an office held by an office holder.

office holder: see subsection 9(1).

office locality, in relation to an office holder, means the geographic location of the office holder’s usual place of work on official business.

official business, in relation to an office holder, means business pertaining to or required by the duties of the office holder’s office.

Table 3A means the table of class of travel in section 11.

Table 6A means the table of rates of travel allowance for travel to capital cities in section 27.

Table 6B means the table of rates of travel allowance for travel to country centres in section 28.

Table 6C means the table of meal and incidental components of travel allowance for high cost centres in section 29.

Table 6D means the table of meal and incidental components of travel allowance for other country centres in section 30.

Table 6E means the table of group 2 country centres in section 31.

travel tier of an office holder: see subsection 9(2).

Part 2—General provisions

8  Purpose of this instrument

  This instrument sets out the provisions that apply when:

 (a) an office holder (other than a holder of a part‑time office) is required to travel for official business away from their office locality; or

 (b) a holder of a part‑time office is required to travel for official business away from their home base.

9  Application of this instrument

 (1) This instrument applies to a person (an office holder) who holds one of the following:

 (a) an office to which the Remuneration Tribunal (Judicial and Related Offices—Remuneration and Allowances) Determination 2019 (or any determination that supersedes that determination) applies;

 (b) an office to which the Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2019 (or any determination that supersedes that determination) applies;

 (c) an office to which the Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2019 (or any determination that supersedes that determination) applies;

 (d) an office to which the Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2019 (or any determination that supersedes that determination) applies;

 (e) an office to which the Remuneration Tribunal (Specified Statutory Offices—Remuneration and Allowances) Determination 2019 (or any determination that supersedes that determination) applies;

 (f) an office to which the Principal Executive Office – Classification Structure and Terms and Conditions – Determination 2019 (or any determination that supersedes that determination) applies.

 (2) An office holder’s travel tier is the travel tier specified in the instrument that applies to the office.

 (3) This instrument has effect, in relation to an office holder, subject to the instrument that applies to the office.

Note: Some instruments mentioned in subsection (1) contain provisions that exclude, limit or modify the application of this instrument in relation to particular offices.

10  General principles for administering this instrument

 (1) This instrument is intended to be administered in accordance with the principles in this section.

 (2) Office holders are not expected to gain or lose financially as a result of travelling on official business.

 (3) Office holders must only incur expenses, or commit the Commonwealth to meet expenses, where funds are lawfully available to do so.

 (4) Travel may only be undertaken where its purpose is consistent with the duties of the office holder.

 (5) When making travel arrangements, office holders are to consider the following:

 (a) the necessity of travel and potential alternatives to travel, such as teleconferencing or videoconferencing;

 (b) the total cost of travel, including value for money;

 (c) any travel‑related administrative guidelines put in place by their agency;

 (d) the flexibility to maintain an appropriate balance between work and home responsibilities, as well as safety and security.

Part 3—Travel on official business

11  Class of travel

  An office holder who travels on official business is entitled to travel at the class of travel set out in the following table (Table 3A) for the office holder’s travel tier. However, the office holder may choose to travel at a lower class if that would be more convenient or appropriate.

12  Upgrade

Accompanying travel

 (1) An office holder may upgrade the office holder’s class of travel in order to accompany a person travelling at a higher class of travel if it is demonstrably in the interest of the Commonwealth to do so.

Lengthy flight

 (2) An office holder who is entitled to travel economy class may upgrade to business class (for domestic and international travel) if the duration of the flight exceeds 5 hours.

13  Accompanied travel

 (1) An office holder may be entitled to be accompanied by the office holder’s spouse or de facto partner for purposes relating to official business at Commonwealth expense when travelling within Australia or overseas in accordance with this instrument.

 (2) Accompanied travel may occur only if the office holder’s employing authority certifies in writing that it is demonstrably in the interest of the Commonwealth, given the purpose of the travel, for the office holder to be accompanied by the office holder’s spouse or de facto partner.

 (3) If the office holder’s spouse or de facto partner accompanies the office holder, the spouse or de facto partner may travel at the same class of travel as the office holder.

14  Agency travel providers

  Office holders are encouraged to use their agency’s travel‑related preferred provider arrangements where these exist.

15  Frequent flyer points

  Frequent flyer points accrued at the Commonwealth’s expense are not to be used for private purposes.

Part 4—Travel expenses and travel allowance

Division 1—General provisions for travel expenses and travel allowance

16  Payment of travel expenses and travel allowance

 (1) If an office holder travels on official business which requires an overnight absence, travel expenses are to be met, and travel allowance is to be paid, in accordance with this Part.

Day travel

 (2) No travel allowance is payable for travel on official business that does not require an overnight absence.

17  Accompanied accommodation costs

  If:

 (a) the Commonwealth meets the travel costs of the office holder’s spouse or de facto partner accompanying the office holder in accordance with section 13 (accompanied travel); and

 (b) evidence is provided that there is a difference in cost between a single and double room in the commercial accommodation used;

the amount of the difference is to be added to the amount of travel allowance that would otherwise be paid.

18  No double payment

  No payment of travel allowance or expenses is to be made under this instrument to the extent that the office holder claims or receives travel allowance or reimbursement of travel expenses under any other source or entitlement for the same travel.

Division 2—Travel within Australia

19  Travel within Australia

  This Division applies to travel on official business within Australia.

20  Travel allowance for travel within Australia

 (1) For each overnight absence on travel for official business within Australia for which the office holder stays in commercial accommodation, the office holder is to be paid travel allowance, subject to this Part, at the rates in:

 (a) for travel to a capital city—Table 6A;

 (b) otherwise—Table 6B.

Note: The rates in Tables 6A and 6B are intended to cover the costs of accommodation and meals, and incidental costs.

 (2) Subject to this Part, the rates in Table 6A or 6B are to be paid to the office holder for each overnight absence regardless of the time of departure from, or arrival at, the office locality or home base.

21  Part payment of travel allowance

 (1) If the cost of accommodation is met by an entity other than the office holder, the amount of travel allowance payable is the “Total” amount in Table 6C or 6D.

 (2) If the cost of a meal or meals is met by an entity other than the office holder, the amount of travel allowance is to be reduced by the meal amount or amounts in Table 6C or 6D.

22  Non‑commercial accommodation

  If the office holder does not stay in commercial accommodation, but stays in accommodation such as the home of a family member or friend, a rate of one third of the specified travel allowance is payable (rounded upwards to the nearest dollar).

23  Unavoidable higher accommodation cost

  If the employing authority certifies that the office holder is required to obtain high cost accommodation, an additional payment may be made to the office holder in accordance with the following:

 (a) the requirement must be due to the unavailability of accommodation of a reasonable standard at a locality, which would have avoided this additional payment;

 (b) the additional payment is to be based on the excess cost of accommodation over the travel allowance rate (after deducting the relevant “Total” amount in Table 6C or 6D (meals and incidentals) from the travel allowance rate);

 (c) the additional payment is to be calculated on accommodation expenses and travel allowance for the entire trip.

24  Additional meals

 (1) If an office holder is absent for a greater number of meal periods than that covered by the travel allowance payment (the rate nominally covers 3 meals per day) and provides evidence that actual meal costs exceeded the meal component for the absence, payment at the rates set out in Table 6C or 6D may be made for the additional meal or meals.

 (2) Subject to certification by the employing authority, this may include meal periods on the day of return to an office holder’s home base or office locality where, ordinarily, no travel allowance would be payable.

Division 3—Overseas travel

25  Travel allowance for overseas travel

Accommodation

 (1) When travelling overseas on official business, an office holder is entitled to accommodation at Commonwealth expense. Accommodation is to be at a standard reasonably equivalent to that provided for the office holder in Australia.

Meals and incidentals

 (2) An office holder travelling overseas on official business is to be paid, for meals and incidentals, the total meals and incidentals amounts set out in the Taxation Determination TD 2019/11 (the taxation determination) for the destinations in Table 9 of the taxation determination.

 (3) For the purposes of subsection (2):

 (a) tier 1 office holders are to receive the amounts for the highest salary level specified in the taxation determination; and

 (b) tier 2 office holders are to receive the amounts for the middle salary level specified in the taxation determination; and

 (c) tier 3 office holders are to receive the amounts for the lowest salary level specified in the taxation determination.

Part 5—Official travel by motor vehicle

26  Vehicle travel

 (1) Subsection (3) applies to use of a vehicle for an office holder’s travel on official business where the agency does not supply the office holder with a vehicle that can be used for the purposes of the travel.

 (2) However, if the office holder is provided with an agency vehicle at the office holder’s home base, subsection (3) does not apply to any journey commenced from the home base.

 (3) The office holder may choose to hire a vehicle or use the office holder’s own vehicle to travel on official business where it is demonstrably in the interest of the Commonwealth to do so. In such circumstances the Commonwealth is to:

 (a) meet the cost of a rental vehicle; or

 (b) pay a motor vehicle allowance at the rate of 68 cents per kilometre where a private vehicle is used for the journey. Any private vehicle used for this purpose must be comprehensively insured.

Part 6—Rates of travel allowance

27  Rates of travel allowance—capital cities

  The following table (Table 6A) sets out the rates, per overnight absence, of travel allowance for travel to capital cities.

28  Rates of travel allowance—country centres

  The following table (Table 6B) sets out the rates, per overnight absence, of travel allowance for travel to country centres.

29  Meal and incidental components—high cost centres

  For the purposes of sections 21, 23 and 24, the following table (Table 6C) sets out the meal and incidental components of:

 (a) the travel allowance rates set out in Table 6A for travel to capital cities; and

 (b) the travel allowance rates set out in Table 6B for travel to country centres specified by name in Table 6B other than group 2 country centres set out in Table 6E.

30  Meal and incidental components—other country centres

  For the purposes of sections 21, 23 and 24, the following table (Table 6D) sets out the meal and incidental components of the travel allowance rates set out in Table 6B for travel to:

 (a) country centres not specified by name in Table 6B; and

 (b) group 2 country centres set out in Table 6E.

31  Group 2 country centres

  For the purposes of paragraphs 29(b) and 30(b), the following table (Table 6E) sets out the group 2 country centres.

Schedule 1—Repeals

Remuneration Tribunal (Official Travel) Determination 2018

1  The whole of the instrument

Repeal the instrument.