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1999 Determination
|
NEW SOUTH WALES REPORT Pursuant to section 11(1) of the PARLIAMENTARY REMUNERATION ACT 1989 15 December 1999 | |
CONTENTS REPORT DETERMINATION Electoral Allowances for Members of Both Houses Special Expenses or "Living Away From Home" Allowances Committee Allowances Travelling Allowances for the Premier, Ministers of the Crown, Other Recognised Office Holders, Committee Members, Spouses or Approved Relatives Reimbursement of Expenses for Charter Transport of Members of the Legislative Assembly Reimbursement of Certain Travelling Expenses APPENDICIES | |
| A | Electoral Districts for the purposes of payment of Electoral Allowances |
| B | Electoral Districts included in each Category for the purpose of payment of Living Away from Home Allowance |
PARLIAMENTARY REMUNERATION ACT 1989
REPORT PURSUANT TO SECTION 13(1) OF THE ACT
Special Expenses Allowances or "Living Away From Home" Allowances are provided to country Members of both Houses towards the cost of overnight accommodation and incidental expenses whilst in Sydney on parliamentary business or in transit to and from Sydney.
The Member may elect to be paid either a daily or annual Special Expenses Allowance on a financial year basis. This election is subject to the following conditions:
| 1. | By instrument of appointment made pursuant to the powers provided by clause 1 of schedule 2 of the Parliamentary Remuneration Act 1989 ("the Act") and dated 25 June 1999 the President of the Industrial Relations Commission of New South Wales appointed me as the Parliamentary Remuneration Tribunal ("the Tribunal") for a term of office concluding on 31 December 1999. |
| 2. | The Parliamentary Remuneration Further Amendment Act 1998 requires that the Tribunal make an initial determination relating to additional entitlements on or as soon as practicable after 27 March 1999. The initial determination, so made, has effect as a determination under and for the purposes of the Act and takes effect on and from the date it is made (or a later date specified in or determined under the initial determination in relation to any particular entitlements) (s3(3)). |
| 3. | On 26 July 1999 the Tribunal made a Special Determination on Members' entitlements. This Determination varied the electoral districts in the groupings appearing in the Appendices to the 1998 Determination so that the electoral districts (and allowances paid in relation to same) corresponded to the electoral districts established by the 1998 electoral redistribution. The special determination operated from 27 March 1999 which was the operative date of the redistribution. |
| 4. | The Act also provides for an annual determination by the Tribunal of statutory additional entitlements; the Determination being made, usually, by 1 June each year, with effect from 1 July of that year. Because of the review being undertaken for the initial determination, the Chief Justice extended the date for making the 1999 annual determination to 29 October 1999. This was subsequently extended by the President of the Industrial Relations Commission until 31 December 1999. |
| 5. | The Tribunal is in the final stages of preparation of the initial determination which will take effect from 1 January 2000. For this reason the Tribunal now makes the 1999 annual determination on members entitlements to give effect to its statutory obligations. |
| 6. | For this annual determination the Tribunal has not reassessed the quantum of and conditions for additional entitlements from those determined in the special determination of 26 July 1999. These are matters that will be addressed in the initial determination. Thus, the quantum of, and conditions for, allowances in this determination will remain unaltered from those contained in the special determination. |
| 7. | Pursuant to section 11(1) of the Act, the Tribunal makes the following annual determination. The effective date of determination is on and from 1 July 1999. |
PARLIAMENTARY REMUNERATION ACT 1989
DETERMINATION PURSUANT TO SECTION 11(1) OF THE ACT
For the reasons set forth in the above Report, the Parliamentary Remuneration Tribunal hereby makes the following determination of the additional entitlements which should be paid on and from 1 July 1999 to Members, including recognised office holders, in the Legislative Council and the Legislative Assembly of New South Wales, in lieu of the amounts presently payable, for each of the purposes indicated below, and not in addition thereto:
ELECTORAL ALLOWANCES FOR MEMBERS OF BOTH HOUSES
The daily Special Expenses Allowance or "Living Away From Home" Allowance per overnight stay is as follows:
| (1) | The electoral allowances payable to Members of the Legislative Assembly whose electoral districts are specified hereunder shall be as follows: | |
| Electoral Districts | Yearly Rate of Allowance $ | |
| Group 1 Group 2 Group 3 Group 4 Group 5 Group 6 Group 7 Murray Darling |
24,400 29,200 34,200 40,300 44,000 46,800 51,300 60,000 | |
| The electoral districts included in each Group are as set out in Appendix A. | ||
| (2) | The electoral allowance payable to each Member of the Legislative Council shall be $34,200 per annum. | |
SPECIAL EXPENSES OR "LIVING AWAY FROM HOME" ALLOWANCES
Special Expenses Allowances or "Living Away From Home" Allowances are provided to country Members of both Houses towards the cost of overnight accommodation and incidental expenses whilst in Sydney on parliamentary business or in transit to and from Sydney.
The Member may elect to be paid either a daily or annual Special Expenses Allowance on a financial year basis. This election is subject to the following conditions:
| election is made for a full financial year; | |
| such election to be received by the Accounts Section within 10 working days of the date of this Determination; | |
| newly-elected Members to make their election from the date of their election until the end of the financial year; | |
| re-elected Members would not be eligible to change their election until the end of the current financial year; | |
| a Member who claims and is paid this allowance must certify that he/she has not so claimed and been paid in respect of any night or nights during which he/she has been accommodated free of charge in government owned and funded overnight accommodation. Any Member who has been so accommodated free of charge is required to make an appropriate, proportionate refund to the legislature. |
A Special Expenses Allowance or "Living Away From Home" Allowance shall be payable to country Members for the cost of overnight accommodation whilst in Sydney on parliamentary business or while in transit to and from Sydney. The Allowance is payable when the stay is occasioned by:
| i) | sittings of the House of Parliament or direct travel to and from such sittings; or |
| ii) | meetings of parliamentary committees of which he or she is a member, or direct travel to or from such meetings; or |
| iii) | other parliamentary business. |
SPECIAL EXPENSES ALLOWANCE: DAILY ALLOWANCE
The daily Special Expenses Allowance or "Living Away From Home" Allowance per overnight stay is as follows:
| IN SYDNEY $ |
IN TRANSIT TO And FROM SYDNEY $ | |
| Ministers resident in Category 1 or 2. | 147.00 | 114.00 |
| The Leader of the Opposition in the Legislative Council, resident in Category 1 or 2. | 147.00 | 114.00 |
| The Leader of the Opposition in the Legislative Assembly, resident in Category 1 or 2. | 147.00 | 114.00 |
| Speaker of the Legislative Assembly, resident in Category 1 or 2. | 147.00 | 114.00 |
| Leader in the Legislative Assembly (other than the Leader of the Opposition) of a recognised political party of which not less than ten members are Members of the Legislative Assembly, resident in Category 1 or 2. | 147.00 | 114.00 |
| Chairman of Committees in the Legislative Assembly, resident in Category 1 or 2. | 147.00 | 114.00 |
| Members of the Legislative Council and Members of the Legislative Assembly resident in Category 1 or 2. | 147.00 | 114.00 |
The maximum number of overnight stays per annum is as follows:
| RESIDENCE | OVERNIGHT STAYS p.a. | |
| Minister, Speaker, Leader of the Opposition (Assembly and Council), Leader of Third Party in Assembly. | Category 1 or 2 | 140 |
| Chairman of Committees in the Legislative Assembly, | Category 1 or 2 | 120 (35) |
| Parliamentary Secretary | Category 1 | 90 (35) |
| Category 2 | 120 (50) | |
| Other Assembly Members | Category 1 | 90 (35) |
| Category 2 | 120 (35) | |
| Other Council Members | Category 1 | 90 (35) |
| Category 2 | 120 (35) |
* The figures in brackets indicate the maximum number of overnight stays that are available on parliamentary business other than sittings of the House or meetings of parliamentary committees. The figures in brackets are not additional to the overall maximum overnight stays allowed.
SPECIAL EXPENSES ALLOWANCE: ANNUAL ALLOWANCE
The annual Special Expenses Allowances or "Living Away From Home" Allowances per overnight stay are as follows:
| (1) | $20,580 per annum to : | |
| • | Each Minister of the Crown who is a Member of the Legislative Council and whose usual place of residence is situated in an electorate specified in Category 1 or Category 2. Each Minister of the Crown who is a Member of the Legislative Assembly and is the Member for, or whose usual place of residence is situated in an electoral district specified in Category 1 or Category 2. | |
| • | The Leader of the Opposition in the Legislative Council whose usual place of residence is situated in an electoral district specified in Category 1 or Category 2. | |
| • | The Speaker of the Legislative Assembly, being the Member for an electoral district specified in Category 1 or Category 2. | |
| • | The Leader of the Opposition in the Legislative Assembly, being the Member for an electoral district in Category 1 or Category 2. | |
| • | The Leader in the Legislative Assembly (other than the Leader of the Opposition) of a recognised political party of which not less than ten Members of the Legislative Assembly and of which no Member is the holder of any office of profit pursuant to section 13B of the Constitution Act 1902, being the Member for an electoral district specified in Category 1 or Category 2. | |
| (2) | $17,640 per annum to : | |
| • | The chairman of Committees in the Legislative Assembly, being the Member for an electoral district specified in Category 1 or Category 2. | |
| • | Each Member of the Legislative Council whose usual place of residence is situated in an electoral district specified in Category 2 and to each Member of the Legislative Assembly for an electoral district specified in Category 2. | |
| (3) | $13,230 per annum to: | |
| • | Each Member of the Legislative Council whose usual place of residence is situated in an electoral district specified in Category 1 and to each Member of the Legislative Assembly for an electoral district specified in Category 1. | |
A Member is entitled to only one allowance under paragraphs (1) to (3).
The electoral districts included in each category, are as set forth in Appendix B.
Members of the Legislative Council and the Legislative Assembly serving as Chairpersons of Joint Committees shall be paid the sum of $110.00 for each day upon which they attend a meeting or an official visit of inspection if that day is one upon which the Legislative Council (so far as a Member of the Council is concerned) or the Legislative Assembly (so far as a Member of the Assembly is concerned) is not sitting. Members of the Public Accounts Committee, other than the Chairperson, shall each receive a committee allowance of $2,490 per annum.
TRAVELLING ALLOWANCES FOR THE PREMIER, MINISTERS OF THE CROWN, OTHER RECOGNISED OFFICE HOLDERS, COMMITTEE MEMBERS, SPOUSES OR APPROVED RELATIVES
(a) When travelling on official business the following shall be the travelling allowances per day payable respectively to the undermentioned:
| CLASSIFICATION | CAPITAL CITIES (incl. Canberra) | OTHER AREAS | WHERE NO OVERNIGHT STAY IS REQUIRED |
| Premier | $337 | $186 | $84 |
| Ministers | $271 | $154 | $68 |
| President of the Legislative Council and Speaker of the Legislative Assembly | $271 | $154 | $68 |
| Leader of the Opposition in the Legislative Council | $271 | $154 | $68 |
| Leader and Deputy-Leader of the Opposition in the Legislative Assembly | $271 | $154 | $68 |
| Leader and Deputy Leader of a Recognised Political Party of which not less than ten members are Members of the Legislative Assembly | $271 | $154 | $68 |
| Chairman of Select, Joint Standing and Public Accounts Committees | $271 | $154 | $68 |
| Members of Select, Joint and Public Accounts Committees | $203 | $127 | $49 |
An absence from Sydney for a period in excess of six hours shall be the minimum requirement for the payment of travelling allowance where no overnight absence is involved. Where absence overnight is involved, the absence must extend six hours beyond the first period of twenty-four hours before a second day's allowance is payable. Therefore, the second day's allowance is as shown in the column headed "Where no overnight stay is involved".
On occasions when the rates of travelling allowance set out above prove to be insufficient, reimbursement of actual and reasonable expenses shall be allowed, subject to the production of receipts relating to accommodation and a statement from the Member concerned outlining other costs such as meals and incidental expenses.
A Minister, whose spouse accompanies him or her to a State or other official function and who consequently incurs expenses in respect of meals and accommodation for self and spouse exceeding the allowance to which he or she is entitled as indicated above, shall be entitled to be reimbursed such excess expenses. This provision applies to the "approved relative" of a Minister in a case where there is no spouse.
REIMBURSEMENT OF EXPENSES FOR CHARTER TRANSPORT OF MEMBERS OF THE LEGISLATIVE ASSEMBLY
For the purposes of this clause "charter transport" means charter transport used within and for the service of the Member's electorate and includes charter aircraft, drive yourself vehicles and any other mode of charter transport which may be deemed appropriate in the circumstances by the Speaker of the Legislative Assembly.
Each accounting year for the purposes of the reimbursement of expenses for charter transport shall commence on 1 July; and
| (1) | The Member for the Electoral District of Murray Darling shall be reimbursed to a maximum amount of $16,092 per annum for charter transport. |
| (2) | The Members for the Electoral Districts of, Barwon, Murrumbidgee, Lachlan, Upper Hunter shall each be reimbursed to a maximum amount of $8,716 per annum for charter transport. |
| (3) | The Members for the Electoral Districts of, Albury, Burrinjuck, Clarence, Dubbo, Monaro and Northern Tablelands shall each be reimbursed to a maximum amount of $5,362 per annum for charter transport. |
While charter transport, reimbursable under this determination, is intended to be used within and for the service of the Member's electorate, where the source of available charter transport is outside the boundaries of the electorate, the reasonable additional expenses consequently incurred may be included in the reimbursement available under this determination.
REIMBURSEMENT OF CERTAIN TRAVELLING EXPENSES
| (1) | (a) | When a Member of the Legislative Council or of the Legislative Assembly travels by taxi from Sydney Airport to the city for the purpose of attending a sitting of the House of Parliament or any Joint, Select or Standing Committee or the Public Accounts Committee, of which she or he is a member, the Member shall be entitled to be reimbursed the actual cost of the taxi fare incurred for the journey between Sydney Airport and the city. The Member shall also be entitled to be reimbursed the actual cost of the taxi fare incurred for the return journey between the city and Sydney Airport from such a sitting. |
| (a) | A Member of the Legislative Council or of the Legislative Assembly shall be entitled to be reimbursed the actual cost of the fare incurred on up to thirty-five taxi journeys per annum when travelling in the course of other parliamentary business between Sydney Airport and the city. | |
| (2) | Where the residence of a Member of the Legislative Council is more than 25 kilometres from the airport or the closest practicable railway station from which the Member is to commence a flight or train journey to Sydney for the purpose of attending a sitting of the Council or of a Select, Joint or Standing Committee of which she or he is a member, and travels by private motor vehicle to such airport or railway station, the Member shall be paid an amount equivalent to 51 cents per kilometre for the distance driven in excess of 25 kilometres on each single journey between the Member's place of residence and such airport or railway station. A separate allowance, calculated on the same basis, shall be payable in respect of the return journey.
This allowance is also payable in respect of other journeys between the Member's residence and Sydney on parliamentary business, but excluding party business, provided that, in the case of air travel, the fare is payable by the Government under the air travel entitlement provisions for journeys between the Member's residence and Sydney. These allowances are payable upon the following conditions: | |
| (i) | that the Member satisfies the President of the Legislative Council as to the existence of the circumstances mentioned above; and | |
| (ii) | that the Member certifies to the President as to the distance driven by her or him to reach the airport or railway station and return home therefrom. | |
Dated this 15th Day of December 1999.
The Hon (Justice) Michael Walton
THE PARLIAMENTARY REMUNERATION TRIBUNAL
ELECTORAL DISTRICTS
Group 1
|
Bligh |
Marrickville |
Group 2
|
Auburn |
Liverpool |
Group 3
|
Blue Mountains |
Londonderry |
Group 4
|
Ballina |
Myall Lakes |
Group 5
|
Bathurst |
Oxley |
Group 6
|
Albury |
Dubbo |
Group 7
|
Barwon |
Murrumbidgee |
Special Group
|
Murray Darling |
|
ELECTORAL DISTRICTS INCLUDED IN EACH CATEGORY
Category 1
|
Blue Mountains |
Londonderry |
Category 2
|
Albury |
Murray Darling |