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2000 Determination
THE DETERMINATION OF THE PARLIAMENTARY REMUNERATION TRIBUNAL
The Determination
Pursuant to section 10 (2) and 11(1) of the Parliamentary Remuneration Act, 1989, the Tribunal makes the determination appearing hereunder.
With effect on and from 31 December 2000, and pursuant to section 10 (6) of the Act, all previous determinations of the Tribunal are revoked. The initial determination made on 20 December 1999 shall be amended by the terms of this determination so that this determination shall constitute the initial determination and shall operate on and from 31 December 2000.
Definitions
Member or Members refers to a duly elected Member or Members of the Parliament of New South Wales (referred to hereinafter in this Determination as "the Parliament").
In this Determination the expression Additional entitlements is to be understood in the sense used in Part 3 of the Parliamentary Remuneration Act 1989 ("the Act").
Parliamentary duties has the meaning attributed to it by section 3 of the Act,
"Electoral groups" are the groups of electorates specified in Schedule 1.
For the purpose of the Additional Entitlements Account for Members of the Legislative Council "Zones" shall be those areas described in Schedule 2A.
"Shadow Ministers" are defined as those officers nominated by the Leader of the Opposition who undertake the role of opposition spokesperson on behalf of particular Ministerial portfolios. The number of shadow Ministers qualifying for additional entitlements shall at no stage exceed the number of Ministers of the Government. The Leader of the Opposition is to advise the Tribunal which Members will act for particular portfolio/s. These Members, as advised to the Tribunal, will be eligible for additional entitlements as contained in this determination.
Guidelines and General Conditions Regarding Additional Entitlements for Members in Connection with Parliamentary Duties.
1. Guidelines
Every class of "additional entitlements" described in this determination is provided pursuant to section 10 (1) (a) of the Act "for the purpose of facilitating the efficient performance of the Parliamentary duties of Members." The following guidelines shall apply to the receipt, use and operation of additional entitlements.
1. |
Circumstances upon which the additional entitlements may be used for Parliamentary Duties. |
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1.1 |
Additional entitlements are provided to facilitate the efficient performance of the following particular Parliamentary duties of Members as follows: |
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1.1.1 |
Activities undertaken in representing the interests of constituents, but excluding activities of a direct electioneering or political campaigning nature. |
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1.1.2 |
Performing electorate work for a Member's electorate and participation in official and community activities to which the Member is invited because of the Member's status as a Parliamentary representative. |
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1.1.3 |
Attending and participating in sessions of Parliament. |
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1.1.4 |
Participation in the activities of Parliamentary committees. |
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1.1.5 |
Attending Vice-Regal, Parliamentary and State ceremonial functions. |
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1.1.6 |
Attending State, Commonwealth and Local Government functions. |
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1.1.7 |
Attending official functions to which a Member is invited because of the Member's status as a Parliamentary representative, eg. receptions and other community gatherings hosted by Members of the diplomatic corps, educational and religious institutions, community and service organisations, business associations, sporting bodies or other special interest groups. |
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1.1.8 |
Participation in the activities of recognised political parties, including participation in national, State and regional conferences, branch meetings, electorate council meetings, executive meetings, committee meetings, and meetings of the Members of the Parliamentary political party, its executive and committees. |
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1.1.9 |
For a Member elected to the Parliament as an independent, participation in activities that are reasonable alternatives to participation in the activities of recognised political parties. |
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1.1.10 |
A Member who is elected to the Parliament as a representative of a recognised political party and who subsequently resigns from that party Membership and thereafter sits as an independent Member, howsoever described, is not entitled to the benefit of the rule in Clause 1.1.9 above. |
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1.1.11 |
Participation within Australia in the activities of the Commonwealth Parliamentary Association as well as activities outside Australia organised by the Commonwealth Parliamentary Association provided such activities arise directly from membership of the New South Wales Branch and officially endorsed by the Branch (exclusive of air travel). |
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1.1.12 |
Participation in a Parliamentary Group such as the Asia Pacific Friendship Group; provided that, such group is approved in writing by the President of the Legislative Council and the Speaker of the Legislative Assembly. Such written approval shall be forwarded to the Tribunal. |
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2. |
Where any additional entitlement fixed by this Determination is to be used for the purpose of facilitating Members' participation in the activities of recognised political parties, the Tribunal sets out the following guidelines as to the use of that additional entitlement: |
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2.1 |
Parties registered under the Parliamentary Electorates and Elections Act 1912, and included in the register of parties maintained by the Electoral Commissioner, are to be treated as recognised political parties. |
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2.2 |
Additional entitlements should not be used to fund: |
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2.1.1 |
activities such as those associated with party Membership drives; |
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2.1.2 |
mail distributions for non-electorate or non-Parliamentary activities; |
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2.1.3 |
costs associated with election campaigning for an individual Member; |
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2.1.4 |
fund raising for other party political Members (such as the purchase of raffle tickets, raffle prizes or tickets to attend functions, etc); and |
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2.1.5 |
costs previously borne by political parties which are not principally related to a Member's Parliamentary or electorate duties. |
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2.3 |
The electorate office provided for a Member of the Legislative Assembly is not to be used as an election campaign office. |
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3. |
The Tribunal sets out the following additional and general guidelines: |
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3.1 |
Some intermingling of a Member's Parliamentary duties and private activities is in practical terms not always easily avoided, but the onus is always on the Member to show that any expenditure or any claim for reimbursement relates to Parliamentary duties, or to the Parliamentary duties component of costs incurred for intermingled Parliamentary duties and private purposes. |
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3.2 |
In the case of electorate work, any activities within the electorate, and in respect of which a Member's involvement may reasonably be regarded as deriving from the Member's status as the Parliamentary representative for the electorate, should be treated as Parliamentary duties. |
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3.3 |
In the case of Parliamentary work, any activities in which a Member's involvement may reasonably be regarded as deriving from the Member's responsibilities as a Parliamentary representative should be treated as Parliamentary duties. |
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3.4 |
In the case of a Member's activities within the broader community outside the Member's electorate, activities that may reasonably be regarded as deriving from the Member's status as a Parliamentary representative should be treated as Parliamentary duties. |
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2. Conditions
The following general conditions will apply to all additional entitlements determined hereunder. These conditions are in addition to any special conditions attaching to the provision of allowances or other benefits (as specified later in this determination):
1. |
All procurement by Members will be in accordance with the Parliament's purchasing policies. |
2. |
Members must ensure that they have sufficient funds to meet the costs associated with their Parliamentary duties. |
3. |
Each member shall have, in addition to payments of the Electoral and Sydney Allowance, an account entitled the "Logistic Support Allocation' which shall cover expenditure in the areas of transport (excepting for electorate to Sydney travel), communications, printing and stationery. |
4. |
The Logistic Support Allocation shall be established and maintained by the Financial Controller of the Parliament. Members should be advised by the Financial Controller each month as to the balance of their Logistic Support Allocation. |
5. |
The funds in the Logistic Support Allocation shall only be used by the Member to carry out the purpose for which the allowance is established, but otherwise may, subject to these conditions, manage the funds as he/she thinks appropriate. |
6. |
Nothing shall prevent the use of the Electoral Allowance for legitimate electorate expenses which might also fall within the categories of expenses covered by the Logistic Support Allocation. |
7. |
All accounts must be submitted to the legislature for payment within 60 days of receipt. |
8. |
All Members' additional entitlements in the nature of fixed allocations and Sydney allowance provided to Members shall be audited annually for compliance. In addition to any internal audit conducted by the Parliament, Members additional entitlements in the nature of fixed allocations and the Sydney allowance provided to Members shall be the subject of an external audit conducted by the Auditor-General of NSW. The cost of any audit shall be met by the Parliament. Members should ensure they maintain appropriate records of expenditure for the purpose of any audit. |
9. |
Expenditure is only to be incurred in connection with the Parliamentary duties of Members (and in this respect the Member should refer to the guidelines in this Determination). |
10. |
The various allowances determined here, as well as the Logistic Support Allocation are for the sole use of the Member and are not to be transferred between Members. |
Additional Entitlements in the Nature of Allowances
1. Electoral Allowance
Purpose and Operation of the Provision
The allowance is based upon those factors which have historically been taken into account in assessing the quantum of the allowance (including the additional costs associated with the performance by Members of their Parliamentary duties in their electorates) and such other factors as may be determined from time to time as appropriate to be taken into account by the Tribunal under the Act.
Entitlement
The allowances shall be paid as follows:
a) |
Each Member of the Legislative Assembly and the Legislative Council shall receive an electoral allowance. The quantum of that allowance shall be fixed in accordance with the electoral grouping for the electorate of the Member. |
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b) |
The allowance payable for each electorate group shall be as follows: |
|
Electorate Group |
Allowance |
|
Group 1 |
$30,770 |
|
Group 2 |
$36,035 |
|
Group 3 |
$42,465 |
|
Group 4 |
$46,360 |
|
Group 5 |
$49,315 |
|
Group 6 |
$54,055 |
|
Group 7 |
$56,760 |
|
Group 8 |
$63,220 |
|
c) |
The electoral allowance for each Member of the Legislative Council shall be $36,035. |
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2. Sydney Allowance
Purpose and Operation of the Provisions
The Sydney allowance is provided to Members who reside in non-metropolitan electorates to compensate for the additional costs including commercial accommodation, meals and incidental costs associated with staying in Sydney to attend sessions of Parliament, meetings of Parliamentary committees or other Parliamentary business.
For the purpose of this allowance the non-metropolitan electorates (Electorate Groups 2-8) have been divided into two categories based on distance from Sydney. Members whose principal place of residence is in either Category 1 or Category 2 electorates, as specified in Schedule 2, are eligible to receive the Sydney allowance.
Entitlement
The daily rate (including the number of overnight stays) and the annual amount for the Sydney allowance for categories 1 and 2 shall be in accordance with Table 1 below. Where a Member elects for a daily rate, he/she shall be entitled to the daily rate for the number of overnight stays per annum specified in that Table.
TABLE 1
Residence |
Daily Rate |
Annual amount |
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Overnight Stays p.a. |
Overnight in Sydney |
Overnight in Transit to and from Sydney |
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Minister, Speaker, President, Leader of the Opposition (Assembly and Council), Leader of Third Party in Assembly with not less than 10 Members. |
Category 1 or 2 |
140 |
$155 |
$120 |
$21,700 |
Deputy Speaker, Chairman of Committees in the Legislative Assembly and Chairman of Committees in the Legislative Council. |
Category 1 or 2 |
120 |
$155 |
$120 |
$18,600 |
Parliamentary Secretary/Shadow Minister |
Category 1 |
90 |
$155 |
$120 |
$13,950 |
Category 2 |
120 |
$155 |
$120 |
$18,600 |
|
Other Assembly/Council Members |
Category 1 |
90 |
$155 |
$120 |
$13,950 |
Category 2 |
120 |
$155 |
$120 |
$18,600 |
|
The following conditions apply to the Sydney allowance:
1. |
A Member can choose to receive the Sydney allowance as either an annual fixed allowance or a daily rate. |
2. |
Where a Member chooses to receive the daily rate of allowance the Member shall receive the overnight daily rate as specified in Table 1 at the `Sydney' or the `transit to and from Sydney' rate as applicable. The Member is entitled to the number of overnight stays per annum specified in Table 1 without the need to substantiate to the Parliament expenses up to the daily rate. |
3. |
Where the daily costs exceed the daily rate or the number of overnight stays is exceeded, full substantiation will be required for each such occasion. |
4. |
When in receipt of the annual allowance Members are required to certify at the end of the financial year the number of occasions they stayed in Sydney and that on each occasion the stay was for Parliamentary business. Members who nominate to receive the annual allowance cannot claim for additional overnight stays in excess of those specified in Table 1. |
5. |
Members will need to maintain records which clearly document the occasions they stayed in Sydney in connection with their Parliamentary duties. Such documentation could include airline boarding passes for arrival and departure from Sydney or any other documentary evidence of having travelled and stayed in Sydney in connection with Parliamentary duties. |
6. |
Members in receipt of the annual amount will be required to return to Parliament the unspent portion of the Allowance for re-credit of the Consolidated Fund. |
7. |
Members are not to claim the Sydney Allowance if they stay in Government owned or funded accommodation. |
3. Committee Allowances
Purpose and Operation of the Provision
Committee Allowances are paid to Chairpersons of Joint and Select Committees in recognition of the additional responsibilities of the office. Because of the statutory nature of the Public Accounts Committee and its role in Government activities, an annual rate of allowance is payable to Members of the Public Accounts Committee.
Entitlement
The allowances shall be paid as follows:
a) |
Members of the Legislative Council and the Legislative Assembly serving as Chairpersons of Joint Committees, Select Committees and Standing Committees shall be paid the sum of $120.00 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. This allowance is not payable to Chairpersons in receipt of a salary of office as specified in Schedule 1 of the Parliamentary Remuneration Act 1989. |
b) |
Members of the Public Accounts Committee, other than the Chairperson, shall each receive a committee allowance of $2,740 per annum. |
Additional Entitlements In The Nature Of Fixed Allocations
1. Electorate to Sydney Travel
Purpose and Operation of the Provisions
Members of the Legislative Assembly who reside in electorate groups 2 to 8 and Members of the Legislative Council who reside in zones 2 or 3 qualify for return air travel warrants between their electorates/zones and Sydney.
These entitlements are provided for the performance of Parliamentary duties.
All eligible Members shall receive one hundred and four (104) single economy class journeys per annum between electorate/zone and Sydney.
Where eligible, each of the below mentioned recognised office holders shall be entitled to the following additional electorate to Sydney travel entitlements per annum.
Entitlement
Office holder |
Electorate to Sydney travel entitlement |
Minister of the Crown |
32 single journey entitlements |
Speaker of the Legislative Assembly |
32 single journey entitlements |
President of the Legislative Council |
32 single journey entitlements |
Leader of the Opposition Assembly and Council |
32 single journey entitlements |
Leader of Party not less than 10 Members |
32 single journey entitlements |
Chairman of Committees Legislative Assembly and Legislative Council |
32 single journey entitlements. |
Deputy Speaker |
32 single journey entitlements |
Deputy Leader of the Opposition Assembly and Council |
16 single journey entitlements |
Conditions
1. |
All electorate to Sydney travel and return is restricted to economy class. |
2. |
Warrants may be used to meet the cost of using a private motor vehicle or rental vehicle in lieu of electorate to Sydney air travel. The amount of warrants used for this purpose shall be assessed by calculating the reasonable cost of using the motor vehicle over the distance travelled. |
3. |
A minimum of one warrant is required to be surrendered for each single journey; a return trip will require the surrender of at least two warrants. |
4. |
Warrants are not transferable between Members, spouses or approved relatives, or Members staff. |
5. |
Where the determination refers to warrants the expression is intended to include a reference to the existing system for electorate to Sydney travel used for the Legislative Council. |
6. |
A Member's air transport bookings for Parliamentary duties are to be made through the booking agent nominated in the NSW government travel contract, for all types of transport covered by the contract. Should the official NSW government travel booking agent not offer a booking service required by a Member for Parliamentary duties, the Member's transport bookings for that service may be made directly with the transport provider. |
7. |
Benefits accrued by a Member by way of loyalty/incentive schemes such as frequent flyers, as a consequence of the Member using his or her additional entitlements, are to be used only for Parliamentary duties and not for private purposes. Any outstanding benefits of this nature, when the Member ceases to be a Member, are to be forfeited. |
8. |
Members will need to maintain records which clearly document the occasions they travelled to Sydney in connection with their Parliamentary duties. Such documentation could include airline boarding passes for arrival and departure from Sydney or any other documentary evidence of having travelled to Sydney in connection with Parliamentary duties. |
2. Logistic Support Allocation
Purpose and Operation of the Provision
The Financial Controller of the Parliament will establish a Logistic Support Allocation Account for each Member. Each Member's Logistic Support Allocation Account may be applied for the following purposes:
-
All interstate and intrastate transport for Parliamentary business (any mode) excepting electorate to Sydney travel.
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Taxi travel
-
Staff travel costs (training excluded)
-
Airport parking
-
Travel expenses for Members spouse or other approved relative
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Home telephone, facsimile and internet call charges for official business
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Mobile telephone call charges
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Mail distribution and postal delivery services.
-
Post Office box rental.
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Fax Post, Express Post and Lettergram Services
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Postage stamps
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All stationery costs
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Courier and Freight charges for delivery of stationery or equipment to electorate or home office
-
Costs associated with photocopying.
-
Printing (both Parliament house and external providers)
-
Publication services at Parliament House.
Entitlement
Each Member and Recognised Office Holder of the Legislative Assembly who resides in one of the following electorate groups will be entitled to an annual allocation for the Logistic Support Allocation as follows:
Electorate Group |
Entitlement |
|
Group 1 |
$24,000 |
|
Group 2 |
$27,000 |
|
Group 3 |
$27,000 |
|
Group 4 |
$27,000 |
|
Group 5 |
$27,000 |
|
Group 6 |
$27,000 |
|
Group 7 |
$27,000 |
|
Group 8 |
$27,000 |
Each Member and Recognised Office Holder of the Legislative Council who resides in one of the following zones will be entitled to an annual allocation for the Logistic Support Allocation as follows:
Zone |
Entitlement |
|
Group 1 |
$16,300 |
|
Group 2 |
$16,300 |
|
Group 3 |
$21,300 |
Recognised Office Holders are entitled to further additional entitlements as specified in Schedule 3.
Shadow Ministers are entitled to further additional entitlements equivalent to a 40% loading on the printing and stationery component of the Logistic Support Allocation.
General Conditions
The following general conditions shall apply to the Logistic Support Allocation Account:
1) |
Subject to these conditions, each member shall determine at his/her own discretion the use of the funds within this Account for the purpose and operations specified above. |
2) |
It is the primary responsibility of Members to ensure that they manage their Logistic Support Allocation Account to ensure that they do not over-expend their budgets. No supplementation of this Allocation will be allowed by the Tribunal. However, the Logistic Support Allocation is not intended to restrict the proper use of the electoral allowance, which may be used to meet any expense referred to in the `purpose and operations' section of this clause, after the Logistic Support Allocation Account has been fully expended. |
3) |
Members may not use their Logistic Support Allocation to procure goods or services to be used for electioneering purposes or political campaigning. |
4) |
Any unused funds remaining in the Member's account at the end of each term of the Legislative Assembly are to be returned to the Consolidated Fund. The unused funds will be calculated on a financial year basis but no requirement to return funds will arise until the end of each four year term or the earlier dissolution of the Legislative Assembly. |
5) |
Accounts will be paid either directly by the Parliament and debited to a Member's account or paid in the first instance by the Member who would then seek reimbursement from the Parliament. |
Whilst, subject to the further conditions, Members may determine at their discretion the use of the funds available for any purpose and operation specified in this clause, the following table outlines the basis upon which the Tribunal has established the quantum of the account for future assessment. The table shall be used for the future assessment of the Allocation and for particular purposes such as the calculation of additional entitlements for Recognised Office Holders and Shadow Ministers.
Electorate Group or Zone |
Transport |
Communication -electronic |
Communication -non- electronic |
Printing and Stationery |
Total Logistic Support Allowance |
Legislative Assembly |
|||||
Group 1 |
$4,000 |
$3,000 |
$11,000 |
$6,000 |
$24,000 |
Group 2 |
$6,000 |
$4,000 |
$11,000 |
$6,000 |
$27,000 |
Group 3 |
$6,000 |
$4,000 |
$11,000 |
$6,000 |
$27,000 |
Group 4 |
$6,000 |
$4,000 |
$11,000 |
$6,000 |
$27,000 |
Group 5 |
$6,000 |
$4,000 |
$11,000 |
$6,000 |
$27,000 |
Group 6 |
$6,000 |
$4,000 |
$11,000 |
$6,000 |
$27,000 |
Group 7 |
$6,000 |
$4,000 |
$11,000 |
$6,000 |
$27,000 |
Group 8 |
$6,000 |
$4,000 |
$11,000 |
$6,000 |
$27,000 |
Legislative Council |
|||||
Zone 1 |
$4,000 |
$3,500 |
$2,800 |
$6,000 |
$16,300 |
Zone 2 |
$4,000 |
$3,500 |
$2,800 |
$6,000 |
$16,300 |
Zone 3 |
$6,000 |
$6,500 |
$2,800 |
$6,000 |
$21,300 |
Particular Conditions.
Transport (Other than Electorate to Sydney transport)
1) |
A Member may use any form of transport within Australia subject to the requirement that the transport was used for Parliamentary or electorate duties and that the cost was reasonable. |
2) |
A Member may travel to any place in Australia, subject to the requirement that all such travel must be for Parliamentary duties and that there must be, at the time of the making of the relevant reservation, sufficient funds in that Member's Account to pay for the expenses involved. |
3) |
All transport costs associated with spouse/approved relative or Members staff travel (excluding travel costs associated with staff training) are to be provided from the Logistic Support Allocation Account. Staff training costs are to be met by the Legislature. |
4) |
A Member and his or her spouse or approved relative may travel together or separately in connection with attendance at the same function in the course of Parliamentary duties. |
5) |
A Member may use taxis or hire cars for Parliamentary duties. |
6) |
A Member's air transport bookings for Parliamentary duties are to be made through the booking agent nominated in the NSW government travel contract, for all types of transport covered by the contract. Should the official NSW government travel booking agent not offer a booking service required by a Member for Parliamentary duties, the Member's transport bookings for that service may be made directly with the transport provider. |
7) |
Benefits accrued by a Member by way of loyalty/incentive schemes such as frequent flyers, as a consequence of the Member using his or her additional entitlements, are to be used only for Parliamentary duties and not for private purposes. Any outstanding benefits of this nature, when the Member ceases to be a Member, are to be forfeited. |
8) |
Members should require their staff to maintain records which clearly document the occasions they stayed in Sydney in connection with their parliamentary duties. Such documentation may include airline boarding passes for arrival and departure from Sydney or any other documentary evidence of having travelled and stayed in Sydney accommodation in connection with Parliamentary duties. |
9) |
A Member may use charter transport in connection with Parliamentary duties, but only within the limits of the Member's individual Logistic Support Allocation. No passenger, except the Member's spouse or an approved relative accompanying the Member on Parliamentary duties, may be carried at the cost of the Member's Logistic Support Allocation entitlement. Where more than one Member is travelling on the air charter, the total air charter cost should be covered by arrangement between the Members travelling. |
10) |
The charter service provider shall provide a passenger manifest with the invoice when it is sent for payment. |
Communication - electronic
1) |
The Tribunal accepts that there will be some private usage in connection with mobile telephones supplied by the Parliament and electronic communication equipment installed at public expense in a Members' principal place of residence. To ensure the Legislature does not pay Fringe Benefits Tax for the private usage of electronic equipment, the Financial Controller will undertake a survey over an appropriate period of time to ascertain public/private percentage use of Members' home telephones. Once established Members will be reimbursed the parliamentary business cost of each home telephone call account and an adjustment shall be made to previous accounts reimbursed from the effective date of this determination on or from the date of election, whichever is the later. Nothing in this provision alters the existing arrangements applying to Recognised Office Holders. |
2) |
A fax modem line installed at Legislative Council Members home office continue to be reimbursed at the rate of 100%. |
3) |
Members will also be required to meet the cost of all overseas calls, charged information/service calls, reverse charge calls and home-link Telecard calls. |
4) |
Members will pay the full amount of each electronic communication account and seek reimbursement from the Financial Controller of the public use proportion from the Members Electronic Communication Account. |
Communication - non-electronic
Members are permitted to purchase postage stamps or other mail distribution and delivery services and make arrangements for payment direct by the Parliament or obtain reimbursement by providing substantiation in accordance with the requirements of the Parliament's administration.
Printing and stationery
1) |
Members may only use the printing and stationery entitlement for Parliamentary duties. |
2) |
The entitlement may be used to purchase printing and stationery items from the Parliament or other providers and in accordance with Parliamentary procurement policies and practices. |
3) |
A Member may not use their printing and stationery allowances to procure goods or services to be used for electioneering purposes or political campaigning. |
Electorate charter transport for members of the Legislative Assembly
Purpose and operation of the provision
Members of the largest electorates (Electoral Groups 5-8) shall be provided with an allowance from which are met charter transport costs incurred within their electorates. For the purposes of this allowance "charter transport" means charter transport used with 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.
Entitlement
Members of the Legislative Assembly in the following electorate groups shall be entitled to charter transport allowance up to the maximum amount shown below:
Electorates |
Entitlement |
|
Group 8 |
$16,980 |
|
Group 7 |
$11,250 |
|
Group 6 |
$9,180 |
|
Group 5 |
$5,620 |
Conditions
The following conditions shall apply in respect of Charter Transport Allowance:
1) |
This allowance shall only be used in connection with Parliamentary duties within the Member's electorate and shall not be used during election campaigns or for other electioneering or party political activities. |
2) |
Only the cost of the Member's spouse or approved relative or member of staff accompanying the Member may be met from this allowance. |
3) |
It is a condition of all air transport charters that the charter service provider shall provide a passenger manifest with the invoice when it is sent for payment. |
4) |
Members are to meet the cost of the air charter and seek reimbursement from the Financial Controller with appropriate certification as to the purpose of the charter. |
5) |
The charter transport shall only be used within and for the service of the Member's electorate. Where the only 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. |
6) |
These additional entitlements shall be audited annually for compliance. In addition to any internal audit conducted by the Parliament, Members additional entitlements shall be the subject of an external audit conducted by the Auditor General of NSW. The cost of any auditing shall be met by the Parliament. Members should ensure they maintain appropriate records of expenditure. |
Travelling allowance for Recognised Office Holders
When travelling on official business Recognised Office Holders shall be paid a travel allowance in addition to other transport allocations within this determination in accordance with Table 2 below:
TABLE 2
Recognised Office Holder |
CAPITAL CITIES (incl. Canberra) |
OTHER AREAS |
WHERE NO OVERNIGHT STAY IS REQUIRED |
Premier |
$348 |
$192 |
$87 |
Ministers |
$280 |
$159 |
$70 |
President of the Legislative Council and Speaker of the Legislative Assembly |
$280 |
$159 |
$70 |
Leader and Deputy Leader of the Opposition in the Legislative Council |
$280 |
$159 |
$70 |
Leader and Deputy-Leader of the Opposition in the Legislative Assembly |
$280 |
$159 |
$70 |
Leader and Deputy Leader of a Recognised Political Party of which not less than ten Members are Members of the Legislative Assembly |
$280 |
$159 |
$70 |
Chairman of Select, Joint Standing and Public Accounts Committees |
$280 |
$159 |
$70 |
Members of Select, Joint and Public Accounts Committees |
$209 |
$131 |
$51 |
The following conditions shall apply in respect of this allowance:
1) |
To be eligible for travelling allowance, Recognised Office Holders will need to be absent from Sydney for a period in excess of six hours 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. The second day's allowance is as shown in the column headed "Where no overnight stay is involved". |
2) |
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 Recognised Office Holderconcerned outlining other costs such as meals and incidental expenses. |
3) |
A Recognised Office Holder 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 Recognised Office Holder and spouse exceeding the allowance to which he or she is entitled as indicated above, shall be entitled to be reimbursed the additional expenses associated with the spouse. This provision applies to the "approved relative" of a Recognised Office Holders in a case where there is no spouse. |
4) |
Those Recognised Office Holders for whom non-Parliamentary funded budgets are provided are to meet travel allowance costs from those budgets and not from the Parliament. |
Travelling allowance for Shadow Ministers
Shadow Ministers shall be paid a travel allowance in addition to other transport allocations within this determination in accordance with the following table:
TABLE 3
Office Holder |
CAPITAL CITIES (incl. Canberra) |
OTHER AREAS |
WHERE NO OVERNIGHT STAY IN REQUIRED |
Shadow Ministers |
$209 |
$131 |
$51 |
The following conditions shall apply in respect of this allowance:
1. |
To be eligible for travelling allowance, Shadow Ministers will need to be absent from Sydney for a period in excess of six hours 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. The second day's allowance is as shown in the column headed "Where no overnight stay is involved". |
2. |
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 Shadow Ministers concerned outlining other costs such as meals and incidental expenses. |
3. |
A Shadow 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 Shadow Minister Holder and spouse exceeding the allowance to which he or she is entitled as indicated above, shall be entitled to be reimbursed the additional expenses associated with the spouse. This provision applies to the "approved relative" of a Shadow Minister in a case where there is no spouse. |
4. |
Those Shadow Minister for whom non-Parliamentary funded budgets are provided are to meet travel allowance costs from those budgets and not from the Parliament. |
Equipment, Services and Facilities
Members of the Legislative Assembly and the Legislative Council shall be provided by the Parliament with the equipment, services and facilities necessary to perform their Parliamentary duties as follows:
1. |
All members shall receive at the Parliament House, Sydney, a fitted out, equipped and maintained office, and secretarial services. |
|
2. |
Each Member of the Legislative Assembly shall receive a fitted out, equipped and maintained Electorate Office to an appropriate standard. The Member for Murray-Darling is to be provided with an additional electorate office. |
|
3. |
Each Member shall be supplied equipment and ancillary services in the Member's private residence (or if the Member has more than one private residence then in the Member's principal private residence) including a telephone and a facsimile machine, for the performance by the Member of Parliamentary duties. |
|
4. |
Each Member shall receive portable equipment to supplement the provision of equipment as referred to in clauses 1, 2 and 3 above. This portable equipment shall include, but is not limited to, a mobile telephone and a notebook computer. |
|
5. |
The presiding officers are to provide administrative support to each Member in accordance with the following: |
|
(i) |
Subject to (ii), each Member of the Legislative Assembly shall have two staff members employed at each electoral office. |
|
(ii) |
Each Member of the Legislative Assembly elected as an Independent shall have an additional staff member employed at his/her electoral office. |
|
(iii) |
Each Member of the Legislative Council, who is not a Minister, shall be entitled to one staff member. |
|
(iv) |
Each Member of the Legislative Council, who is not a Minister, and who is elected as a cross bench Member shall be entitled to two staff members. |
|
(v) |
Ministers shall receive a reasonable allocation of staff members. |
|
(vi) |
This provision specifies the minimum staffing required in electorate offices. Nothing in this determination removes from the employer of staff the obligations arising under the Occupational Health and Safety Act 1983. |
|
Dated this 4th of December 2000.
The Hon (Justice) Michael Walton
THE PARLIAMENTARY REMUNERATION TRIBUNAL
ELECTORAL GROUPS SCHEDULE 1
Group 1 Electorates |
||
1. Auburn 2. Bankstown 3. Baulkham Hills 4. Blacktown 5. Bligh 6. Cabramatta 7. Campbelltown 8. Canterbury 9. Coogee 10. Cronulla 11. Davidson 12. Drummoyne 13. East Hills 14. Epping 15. Fairfield 16. Georges River |
17. Granville 18. Heffron 19. Hornsby 20. Kogarah 21. Ku-ring- gai 22. Lakemba 23. Lane Cove 24. Liverpool 25. Macquarie Fields 26. Manly 27. Maroubra 28. Marrickville 29. Menai 30. Miranda 31. Mount Druitt 32. Mulgoa |
33. North Shore 34. Parramatta 35. Penrith 36. Pittwater 37. Port Jackson 38. Riverstone 39. Rockdale 40. Ryde 41. Smithfield 42. Strathfield 43. The Hills 44. Vaucluse 45. Wakehurst 46. Wentworthville 47. Willoughby |
Group 2 Electorates |
||
1. Blue Mountains 2. Camden 3. Charlestown 4. Gosford 5. Hawkesbury 6. Heathcote |
7. Illawarra 8. Keira 9. Kiama 10. Lake Macquarie 11. Londonderry 12. Newcastle |
13. Peats 14. Swansea 15. The Entrance 16. Wallsend 17. Wollongong 18. Wyong |
SCHEDULE 1
Group 3 Electorates |
||
1. Ballina 2. Cessnock 3. Coffs Harbour 4. Maitland |
5. Myall Lakes 6. Port Macquarie 7. Port Stephens |
8. South Coast 9. Southern Highlands 10. Tweed |
Group 4 Electorates |
||
1. Albury 2. Bathurst 3. Bega |
4. Dubbo 5. Lismore 6. Orange |
7. Oxley 8. Tamworth 9. Wagga Wagga |
Group 5 Electorates |
||
1. Burrinjuck 2. Clarence 3. Monaro 4. Northern Tablelands |
||
Group 6 Electorates |
||
1. Lachlan 2. Murrumbidgee 3. Upper Hunter |
||
Group 7 Electorates |
||
1. Barwon |
||
Group 8 Electorates |
||
1. Murray-Darling |
||
SYDNEY ALLOWANCE GROUPINGS SCHEDULE 2
Category 1 |
||
1. Blue Mountains 2. Camden 3. Charlestown 4. Gosford 5. Hawkesbury 6. Heathcote |
7. Illawarra 8. Keira 9. Kiama 10. Lake Macquarie 11. Londonderry 12. Newcastle |
13. Peats 14. Swansea 15. The Entrance 16. Wallsend 17. Wollongong 18. Wyong |
Category 2 |
||
1. Albury 2. Ballina 3. Barwon 4. Bathurst 5. Burrinjuck 6. Bega 7. Cessnock 8. Clarence 9. Coffs Harbour 10. Dubbo |
11. Lachlan 12. Lismore 13. Maitland 14. Monaro 15. Murray-Darling 16. Murrumbidgee 17. Myall Lakes 18. Northern Tablelands 19. Orange |
20. Oxley 21. Port Macquarie 22. Port Stephens 23. South Coast 24. Southern Highlands 25. Tamworth 26. Tweed 27. Upper Hunter 28. Wagga Wagga |
LEGISLATIVE COUNCIL ZONES SCHEDULE 2A
Zone 1 Electorates |
||
1. Auburn 2. Bankstown 3. Baulkham Hills 4. Blacktown 5. Bligh 6. Cabramatta 7. Campbelltown 8. Canterbury 9. Coogee 10. Cronulla 11. Davidson 12. Drummoyne 13. East Hills 14. Epping 15. Fairfield 16. Georges River |
17. Granville 18. Heffron 19. Hornsby 20. Kogarah 21. Ku-ring- gai 22. Lakemba 23. Lane Cove 24. Liverpool 25. Macquarie Fields 26. Manly 27. Maroubra 28. Marrickville 29. Menai 30. Miranda 31. Mount Druitt 32. Mulgoa |
33. North Shore 34. Parramatta 35. Penrith 36. Pittwater 37. Port Jackson 38. Riverstone 39. Rockdale 40. Ryde 41. Smithfield 42. Strathfield 43. The Hills 44. Vaucluse 45. Wakehurst 46. Wentworthville 47. Willoughby |
Zone 2 Electorates |
||
1. Blue Mountains 2. Camden 3. Charlestown 4. Gosford 5. Hawkesbury 6. Heathcote |
7. Illawarra 8. Keira 9. Kiama 10. Lake Macquarie 11. Londonderry 12. Newcastle |
13. Peats 14. Swansea 15. The Entrance 16. Wallsend 17. Wollongong 18. Wyong |
LEGISLATIVE COUNCIL ZONES SCHEDULE 2A
Zone 3 Electorates |
||
1. Albury |
11. Lachlan |
21. Port Macquarie |
2. Ballina |
12. Lismore |
22. Port Stephens |
3. Barwon |
13. Maitland |
23. South Coast |
4. Bathurst |
14. Monaro |
24. Southern Highlands |
5. Bega |
15. Murrumbidgee |
25. Tamworth |
6. Burrinjuck |
16. Murray-Darling |
26. Tweed |
7. Cessnock |
17. Myall Lakes |
27. Upper Hunter |
8. Clarence |
18. Northern Tablelands |
28. Wagga Wagga |
9. Coffs Harbour |
19. Orange |
|
10. Dubbo |
20. Oxley |
RECOGNISED OFFICE HOLDER AND SCHEDULE 3
OTHER MEMBER ENTITLEMENTS
Recognised Office Holder |
Transport |
Communication (electronic) |
Communication ( non- electronic) |
Printing And Stationery |
Presiding Officer |
30% |
55%(A) 175%(C) |
40% |
|
Minister |
40% |
|||
Deputy Speaker, Chair of Committees |
40% |
|||
Leader of the Opposition |
20%(A) |
140%(A) 175%(C) |
40% |
|
Deputy Leader of the Opposition |
15%(C) |
40% |
||
Whips |
15%(C) |
40% |
||
Party Leader (not less than 10 Members) |
15% |
20% |
||
Deputy Party Leader (not less than 10 Members) |
10% |
40% |
||
Leader of the National Party (in Opposition with not less than 10 Members in LA) |
15% |
15% |
40% |
|
Other Recognised Office Holders |
40% |
|||
Shadow Ministers |
40% |
|||
Independent Members |
20% |
-
Where entitlements formerly provided for the recognised office holder's spouse these have been included in the allocation.
-
Where an entitlement is followed by (A) or (C) it applied only to the office holder in either the Assembly or the Council.
Advice of the Secretary of Treasury Pursuant to Section 13(5) of the Parliamentary Remuneration Act, 1989
The following comments on the Parliamentary Remuneration Tribunal's 2000 annual determination are made pursuant to Section 13 (5) of the Parliamentary Remuneration Act, 1989.
Financial Implications
The 2000 annual determination is consistent with the NSW Budget administration and policy framework. The costs of the entitlements provided are also consistent with overall Consolidated Fund allocations for Members' additional entitlements.
1. Recurrent Budget Impact
The following table provides estimates of the maximum annual cost of additional allowances for members of the Legislative Assembly and members of the Legislative Council contained in the determination.
For the purposes of calculating the financial costs, estimates are based on the present composition of Members in the Legislative Assembly and Legislative Council, and the distribution of private members and recognised office holders across the electoral district groupings.
Entitlement Type |
Legislative Assembly ($pa) |
Legislative Council ($pa) |
Total ($pa) |
Electoral Allowances |
3,416,115 |
1,513,470 |
4,929,585 |
Sydney Allowance (Living Away from Home) Allowances Being either Daily or Annual |
771,900 |
302,250 |
1,074,150 |
Committee Allowances |
13,700 |
... |
13,700 |
Logistic Support Allocation 1 |
2,370,000 |
739,600 |
3,109,600 |
Electorate Charter Transport for Members of the Legislative Assembly |
78,250 |
... |
78,250 |
Travelling Allowance for Recognised Office Holders |
Unable to be estimated |
Unable to be estimated |
... |
Travelling Allowance for Shadow Ministers |
Unable to be estimated |
Unable to be estimated |
... |
Equipment, Services and Facilities |
Not Defined |
Not Defined |
|
Total |
$6,649,965 |
$2,555,320 |
$9,205,285 |
1. Electorate to Sydney travel operates on a warrant system so costs are not attached. All eligible Members shall receive one hundred and four (104) single economy class journeys per annum between electorate/zone and Sydney.
Estimates have not been provided where either maximum remuneration limits have not been defined, or in the case of travelling allowances and reimbursement of some travelling expenses, where it is not possible to estimate the number of occasions in which members would be entitled to the allowance.
Logistic Support Allowance
In regard to the `Logistic Support Allowance' unused funds will be calculated on a financial year basis but no requirement to return funds will arise until the end of each four year term or the earlier dissolution of the Legislative Assembly.
Treasury raises no objections to this requirement on a policy basis as it allows flexibility and reflects current practice. However, this practice will need to comply with Section 23 of the Public Finance And Audit Act. The most efficient means of ensuring statutory compliance would be to include an estimate of the unused portion of the `Logistic Support Allowance' in the Appropriation Act for the following year.
Other Entitlements - Equipment, Services and Facilities
The Tribunal has determined that Members will be provided with equipment, services and facilities however did not specify the amount of funding to be provided for these entitlements. The Tribunal has determined at this time that Parliament will continue to negotiate directly with the Treasury for appropriate financing of these entitlements in accordance with the normal budgetary cycle.
Costs Associated with Scheme Administration
Costs of the Legislature will increase due to external audit requirements and to comply with new reporting requirements. It is understood that Parliament will make a separate funding application to meet these additional costs.
John Pierce
Secretary
