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2001 Determination

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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 1 July 2001, and pursuant to section 10 (6) of the Act, all previous determinations of the Tribunal are revoked. This determination shall constitute the annual determination and shall operate on and from 1 July 2001.

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 and shall include Leader and Deputy Leader of the Opposition. The minimum number of Shadow Ministers qualifying for additional entitlements shall be equivalent to the number of Ministers in the first Ministry immediately following a State general election or such lessor number of Shadow Ministers as may from time to time be nominated by the Leader of the Opposition. The number of Shadow Ministers shall increase from this number only with comparable increases in the number of Ministers. The Leader of the Opposition is to advise the Tribunal the Members who will act as Shadow Ministers and their particular portfolio/s. These Members, as advised to the Tribunal, will, subject to this determination, be eligible for additional entitlements. Until the declaration of the next State Election and an appointment of the Ministry of Government thereafter, the Shadow Ministry shall (for the purpose of additional entitlements) be treated as consisting of 21 Shadow Ministers (including the Leader and Deputy Leader of the Opposition).

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.

1.1 Additional entitlements are provided to facilitate the efficient performance of the following particular Parliamentary duties of Members as follows:

1.1.1 Activities undertaken in representing the interests of constituents, but excluding activities of a direct electioneering or political campaigning nature.

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.

1.1.3 Attending and participating in sessions of Parliament.

1.1.4 Participation in the activities of Parliamentary committees.

1.1.5 Attending Vice-Regal, Parliamentary and State ceremonial functions.

1.1.6 Attending State, Commonwealth and Local Government functions.

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.

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.

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.

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.

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).

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.

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:

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.

2.2 Additional entitlements should not be used to fund:

2.2.1 activities such as those associated with party Membership drives;

2.2.2 mail distributions for non-electorate or non-Parliamentary activities;

2.2.3 costs associated with election campaigning for an individual Member;

2.2.4 fund raising for other party political Members (such as the purchase of raffle tickets, raffle prizes or tickets to attend functions, etc); and

2.2.5 costs previously borne by political parties which are not principally related to a Member’s Parliamentary or electorate duties.

2.3 The electorate office provided for a Member of the Legislative Assembly is not to be used as an election campaign office.

3. The Tribunal sets out the following additional and general guidelines:

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.

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.

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.

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.

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 Clerks of the Parliament. Members should be advised by the Clerks 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.

b) The allowance payable for each electorate group shall be as follows:

Electorate Group Allowance
Group 1

$32,615

Group 2 $38,195
Group 3

$45,015

Group 4

$49,140

Group 5

$52,275

Group 6 $57,300
Group 7 $60,165
Group 8 $67,015

c) The electoral allowance for each Member of the Legislative Council shall be $38,195.

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

Annual amount
Residence
Daily Rate
Overnight in Transit to and from Sydney
Overnight Stays p.a. Overnight in Sydney
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 $164 $127 $22,960
Deputy Speaker, Chairman of Committees in the Legislative Assembly and Chairman of Committees in the Legislative Council
Category 1 or 2
120 $164 $127 $19,680
Parliamentary Secretary/Shadow Minister Category 1 90 $164 $127 $14,760
Category 2 120 $164 $127 $19,680
Other Assembly/Council Member Category 1 90 $164 $127 $14,760
Category 2 120 $164 $127 $19,680

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, full substantiation of daily costs will be required.

4. Where the number of overnight stays is exceeded, documentary evidence of each overnight stay will be required.

5. 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.

6. Members will need to maintain records or other relevant evidence 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.

7. 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.

8. Members are not to claim the Sydney Allowance if they stay in Government owned or funded accommodation including Parliament House.

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 $125.00 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 $2,845 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 in the Legislative Assembly) 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
Deputy Leader of Party (not less than 10 Members in the Legislative Assembly) 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. Members may use electorate to Sydney warrants to defray part of the cost of intrastate and interstate Parliamentary travel when such travel is via Sydney.

7. Members may charter a plane in lieu of travelling on commercial flights provided that travel is for electorate and/or parliamentary business and that sufficient warrants based on the equivalent commercial cost of each person travelling are surrendered. The cost of Member’s spouse or approved relative travelling on the charter is to be met from the Member’s Logistic Support Allocation. It is a condition of all air transport charters that the Member responsible for organising the charter obtain a passenger manifest from the charter operator and attach it to the invoice when it is sent for payment.

8. 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.

9. 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.

10. Members will need to maintain records or other relevant evidence 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 Clerks 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.
  • Taxi travel
  • Staff travel costs (training excluded)
  • Airport parking
  • Transport expenses for Members spouse or other approved relative
  • Home telephone, facsimile and internet call charges for official business
  • Mobile telephone call charges and network access fees.
  • Mail distribution and postal delivery services.
  • Post Office box rental.
  • Fax Post, Express Post and Lettergram Services
  • Postage stamps
  • All stationery costs
  • 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.
  • Developing and hosting a web page for individual Member
  • Minor office equipment purchases up to $2,000
  • Any maintenance charges relating to these minor equipment purchases.
  • Computer software

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 $25,340
Group 2 $28,410
Group 3 $30,410
Group 4 $30,410
Group 5 $30,410
Group 6

$30,410

Group 7 $32,410
Group 8 $32,410

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 $17,110
Group 2 $17,110
Group 3

$26,320

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.

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 Parliament 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.

6. Members must personally authorise expenditure from their Logistic Support Allocation.

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 and Office Supplies Total Logistic Support Allocation
Legislative Assembly
Group 1 $4,000 $3,210 $11,770 $6,360 $25,340
Group 2 $6,000 $4,280 $11,770 $6,360 $28,410
Group 3 $8,000 $4,280 $11,770 $6,360 $30,410
Group 4 $8,000 $4,280 $11,770 $6,360 $30,410
Group 6 $8,000 $4,280 $11,770 $6,360 $30,410
Group 7 $10,000 $4,280 $11,770 $6,360 $32,410
Group 8 $10,000 $4,280 $11,770 $6,360 $32,410
Legislative Council
Zone 1 $4,000 $3,750 $3,000 $6,360 $17,110
Zone 2 $4,000 $4,280 $3,000 $6,360 $17,640
Zone 3 $10,000 $6,960 $3,000 $6,360 $26,320

Particular Conditions.

Transport (Other than Electorate or 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. Members and their spouses/approved relatives, when travelling in connection with their Parliamentary duties, may claim reasonable actual accommodation and meal expenses from the Members’ Logistic Support Allocation. The reimbursement of these expenses may not exceed $209 per night for capital cities and $131 per night for other areas.

5. A Member and his or her spouse or approved relative may travel together or separately in connection with attendance at a function in the course of Parliamentary duties.

6. A Member may use taxis or hire cars for Parliamentary duties.

7. 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.

8. 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.

9. 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.

10. 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.

11. It is a condition of all air transport charters that the Member responsible for organising the charter obtain a passenger manifest from the charter operator and attach it to the invoice when it is submitted for payment to the Legislature.

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.

2. The parliamentary business use component of the following telecommunication services are eligible for reimbursement:

  • Directory assistance charges (only applies to business lines).
  • Call connect charges (extension of directory assistance)
  • Messagebank
  • Call waiting
  • Call forwarding/diversion
  • Last unanswered call recall
  • Telephone director charges for home telephone listings (which are in addition to standard free entry).

    3. The following Recognised Office Holders shall be entitled to 100% reimbursement for electronic-communication costs including overseas calls for Parliamentary business.

  • Ministers

  • Presiding Officers
  • Leader of the Opposition (Assembly and Council)
  • Leader of a Party not less than 10 Members in the Legislative Assembly
  • Chairman of Committees (Assembly and Council)
  • Deputy Speaker
  • Deputy Leader of the Opposition (Assembly and Council)
  • Deputy Leader of a Party not less than 10 Members in the Legislative Assembly
  • Parliamentary Secretaries (Assembly and Council)
  • Government and Opposition Whips (Assembly and Council)
  • Whip of a third party with not less than 10 Members (Legislative Assembly)
  • Deputy Whips (Legislative Assembly)

    4. A fax line installed at Legislative Council Members home office continue to be reimbursed at the rate of 100%.

    5. Call and rental charges pertaining to a data line installed at Legislative Council Members’ home offices be reimbursed at the rate of 100% subject to the line being used for Parliamentary duties.

    6. Members will be required to meet the cost of all overseas calls, other charged information/service calls, reverse charge calls and home-link Telecard calls.

    7. 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.

    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, stationery and Office Supplies

    1. Members may only use the printing, stationery and office supplies entitlement for Parliamentary duties.

    2. The entitlement may be used to purchase printing, stationery and office supplies from the Parliament or other providers and in accordance with Parliamentary procurement policies and practices.

    3. A Member may not use their printing, stationery and office supplies allowances to procure goods or services to be used for electioneering purposes or political campaigning.

    4. The purchase of computer software from the Logistic Support Allocation is subject to the following conditions:

  • The software will not be supported by the Parliament's I.T Section.
  • The software is required to be removed from the computers supplied by the Parliament if there is any conflict with the Parliament's computer network
  • the software is not to be used for political campaigning or electioneering purposes.

    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 Member responsible for organising the charter obtain a passenger manifest from the charter operator and attach it to the invoice when it is submitted for payment to the Legislature.

    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 or their electorate/principle home residence 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 tax invoices/receipts relating to accommodation, meal and other incidental expenses by the Recognised Office Holder concerned.

    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 Cities Where no overnight stay is 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 or their electorate/principal home residence 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 tax invoices/receipts relating to accommodation, meal and other incidental expenses by the Shadow Minister concerned.

    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, except where such equipment is already provided by the Executive Government. This portable equipment shall include, but is not limited to, a mobile telephone and a notebook computer.
    5. Each Member of the Legislative Council shall have a separate data line installed in their home office to provide access to the Parliament’s secure computer network..
    6. 6. 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 15th of August 2001.




    The Hon (Justice) Michael Walton

    THE PARLIAMENTARY REMUNERATION TRIBUNAL

    ELECTORAL GROUPS SCHEDULE 1

    Group 1 Electorates
    Auburn Granville North Shore
    Bankstown Heffron Parramatta
    Baulkham Hills Hornsby Penrith
    Blacktown Kogarah Pittwater
    Bligh Ku-ring-gai Port Jackson
    Cabramatta Lakemba Riverstone
    Campbelltown Lane Cove Rockdale
    Canterbury Liverpool Ryde
    Coogee Macquarie Fields Smithfield
    Cronulla Manly Strathfield
    Davidson Maroubra The Hills
    Drummoyne Marrickville Vaucluse
    East Hills Menai Wakehurst
    Epping Miranda Wentworthville
    Fairfield Mount Druitt Willoughby
    Georges River Mulgoa
    Group 2 Electorates
    Blue Mountains Illawarra Peats
    Camden Keira Swansea
    Charlestown Kiama The Entrance
    Gosford Lake Macquarie Wallsend
    Hawkesbury Londonderry Wollongong
    Heathcote Newcastle Wyong
    Group 3 Electorates
    Ballina Myall Lakes South Coast
    Cessnock Port Macquarie Southern Highlands
    Coffs Harbour Port Stephens Tweed
    Maitland
    Group 4 Electorates
    Albury Dubbo Oxley
    Bathurst Lismore Tamworth
    Bega Orange Wagga Wagga
    Group 5 Electorates
    Burrinjuck
    Clarence
    Monaro
    Northern Tablelands
    Group 6 Electorates
    Lachlan
    Murrumbidgee
    Upper Hunter
    Group 7 Electorates
    Barwon
    Group 8 Electorates
    Murray-Darling

    SYDNEY ALLOWANCE GROUPINGS SHEDULE 2

    Category1
    1. Blue Mountains 7. Heathcote 13. Newcastle
    2. Camden 8. Illawarra 14. Peats
    3. Campbelltown 9. Keira 15. Swansea
    4. Charlestown 10. Kiama 16. The Entrance
    5. Gosford 11. Lake Macquarie 17. Wallsend
    6. Hawkesbury 12. Londonderry 18. Wollongong
    19. Wyong
    Category 2
    1. Albury 11. Lachlan 20. Oxley
    2. Ballina 12. Lismore 21. Port Macquarie
    3. Barwon 13. Maitland 22. Port Stephens
    4. Bathurst 14. Monaro 23. South Coast
    5. Burrinjuck 15. Murray - Darling 24. Southern Highlands
    6. Bega 16. Murrumbidgee 25. Tamworth
    7. Cessnock 17. Myall Lakes 26. Tweed
    8. Clarence 18. Nothern Tablelands 27. Upper Hunter
    9. Coffs Harbour 19. Orange 28. Wagga Wagga
    10. Dubbo

    LEGISLATIVE COUNCIL ZONES SHEDULE 2A

    Zone 1 Electorates
    1. Auburn 17. Granville 33. North Shore
    2. Bankstown 18. Heffron 34. Parramatta
    3. Baulkham Hills 19. Hornsby 35. Penrith
    4. Blacktown 20. Kogarah 36. Pittwater
    5. Bligh 21. Ku-ring-gai 37. Port Jackson
    6. Cabramatta 22. Lakemba 38. Riverstone
    7. Campbelltown 23. Lane Cove 39. Rockdale
    8. Canterbury 24. Liverpool 40. Ryde
    9. Coogee 25. Macquarie Fields 41. Smithfield
    10. Cronulla 26. Manly 42. Strathfield
    11. Davidson 27. Maroubra 43. The Hills
    12. Drummoyne 28. Marrickville 44. Vaucluse
    13. East Hills 29. Menai 45. Wakehurst
    14. Epping 30. Miranda 46. Wentworthville
    15. Fairfield 31. Mount Druitt 47. Willoughby
    16. Georges River 32. Mulgoa
    Zone 2 Electorates
    1. Blue Mountains 7. Illawarra 13. Peats
    2. Camden 8. Keira 14. Swansea
    3. Charlestown 9. Kiama 15. The Entrance
    4. Gosford 10. Lake Macquarie 16. Wallsend
    5. Hawkesbury 11. Londonderry 17. Wollongong
    6. Heathcote 12. Newcastle 18. Wyong
    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 OTHER MEMBER ENTITLEMENTS SCHEDULE 3

    Recognised Office Holder Transport Communication

    (electronic)

    Communication (non-electronic) Printing , Stationery and Office Supplies
    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 the LA) 15% 15% 40%
    Other Recognised Office Holder 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 e ntitlement is followed by (A) or (C) it applied only to those office holder in either the Assembly or the Council.
 
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