Members of Parliament Determination No 1 of 2017

PREAMBLE

Summary of Decisions in this Determination

• No increase in remuneration and allowances provided to Members of Parliament

Statutory context

(1)        The Salaries and Allowances Act 1975 (the Act) requires the Tribunal to inquire into and determine the remuneration to be paid or provided to Ministers of the Crown, the Parliamentary Secretary to the Cabinet, Parliamentary Secretaries appointed under section 44A(1) of the Constitution Acts Amendment Act 1899, members of committees, and officers and Members of the Parliament.

(2)        Section 8(a) of the Act provides that a determination relating to offices identified in sections 6(1)(a), 6(1)(ab) and 6(1)(b) must be issued within 12 months of the previous determination.  The Tribunal's most recent determination in relation to the remuneration of Members of Parliament was issued on 1 December 2016.

(3)        By issuing this Determination, the Tribunal discharges its obligation under section 8(a).

(4)        When issuing determinations under sections 6(1)(a) and (ab), section 10A of the Act requires the Tribunal to consider specific information.  Accordingly, in issuing this Determination, the Tribunal has considered the:

(a)  Public Sector Wages Policy Statement 2017, which seeks to limit to $1,000 per annum the increases in industrial agreement wages and associated conditions for full time equivalent public sector employees; and

(b)  financial position and fiscal strategy of the State, as stated in the 2017 - 18 State Government Budget Papers, presented on 7 September 2017.

(5)        The Tribunal consulted with its statutory adviser, Hon George Cash AM, who is appointed under Section 10(4)(a) of the Act to assist the Tribunal.

Economic context

(6)        The Western Australian economy faces considerable challenges, although the Tribunal notes that there may be signs of recovery.  The State Budget forecast total public sector net debt to increase from $32.5 billion at 30 June 2017 to $43.6 billion by 30 June 2021. The financial results for 2016-17 reflected an expected general government operating deficit of $3 billion. An operating deficit of $3.1 billion for the total public sector is anticipated in 2017-18.

(7)        Revenue estimates over 2016-17 to 2019-20 were revised downwards by $5 billion from the figures in the Pre-election Financial Projections Statement, released by the Under Treasurer in February 2017. The main contributors included decreases in:

(a)  royalty income;

(b)  GST grants;

(c)  taxation revenue; and

(d)  other non-GST grants from the Commonwealth.

(8)        The State Budget forecast that economic growth will increase to 3% in 2017-18, compared to an estimated 0.25% in 2016-17.  The rate of decline in business investment is expected to slow, from an estimated decrease of $14.8 billion in 2016-17 to a forecast $4.5 billion fall in 2017-18. The rate of contraction of the domestic economy is also expected to ease in 2017-18. 

(9)        The Department of Treasury's September 2017 figures indicated that the Consumer Price Index rose by 0.7% in annual average terms.  The State Budget has forecast an increase to 1% for the year 2017-18.

(10)        The State Budget also noted signs of recovery in the labour market, with employment forecast to grow in 2017-18.  However, wage growth is expected to be contained due to spare capacity in the labour market.  The Wage Price Index is anticipated to increase by 1.5% for the year 2017-18. 

(11)        Recent quarterly figures state that Western Australia's  Wage Price Index rose by 1.3% in annual average terms to September 2017. The Public Sector Wage Price Index increased by 1.9% in annual average terms to September 2017, while the Private Sector Wage Price Index increased by 1.2% in that period.

(12)        Information on the state's Labour Force, issued in October 2017, indicated that the unemployment rate averaged 6.0% over the year to October 2017, as it had done in the previous year to October 2016.

(13)        The Tribunal notes that the State Government has commenced a series of measures to address the circumstances of the state's budget, particularly the Public Sector Wages Policy that seeks to limit to $1,000 per annum the increases in industrial agreement wages for public sector employees.

Conclusion

(14)        In recent years, the Tribunal has restrained the increases in remuneration provided to Members of Parliament due to the difficult economic conditions that have emerged.

(15)        In conducting this inquiry the Tribunal has considered existing remuneration of Members of Parliament within the context of wage and salary rates applying generally in the community.

(16)        At the time of this Determination, there is proposed legislation that will operate to cap remuneration provided to certain offices within the Tribunal's jurisdiction, including Members of Parliament.  However, as the legislation has not yet been enacted, this Determination is issued under the Tribunal's existing statutory duty. 

(17)        Notwithstanding the full discretion available to it, the Tribunal considers that the current economic challenges, and the measures to address them, have significant implications throughout the public sector and the community generally. 

(18)        The Determination provides no increase to remuneration and allowances provided to Members of Parliament.  The Tribunal will continue to monitor Members' allowances to assess whether the costs of effectively servicing an electorate are reasonably met.

 

The Determination will now issue.

Signed on 30 November 2017.

PART 1                     INTRODUCTORY MATTERS

This Part deals with matters that are relevant to the Determination generally.

1.1               Short Title

This Determination may be cited as the Members of Parliament Tribunal Determination No. 1 of 2017.

1.2               Commencement

This Determination comes into operation on 1 December 2017.

1.3               Content and intent

(1)    In accordance with section 6(1)(a), (ab), and (b) and section 6AA of the Salaries and Allowances Act 1975, this Determination provides for the salary, allowances and other benefits to be paid, provided or reimbursed to Ministers of the Crown, the Parliamentary Secretary to the Cabinet, Parliamentary Secretaries appointed under section 44A(1) of the Constitution Acts Amendment Act 1899, members of committees, and officers and Members of the Parliament.

(2)    This Determination fulfils the Tribunal's obligations under section 8 of the Salaries and Allowances Act 1975 with respect to offices identified in section 6(1)(a), (ab) and (b) of the Salaries and Allowances Act 1975.

(3)    In accordance with section 10A of the Salaries and Allowances Act 1975, decisions in relation to sections 6(1)(a) and (ab) have taken consideration of the:

(a) Public Sector Wages Policy Statement 2017, issued on 11 May 2017; and

(b) financial position and fiscal strategy of the State, as stated in the 2017 - 18 State Government Budget Papers, presented on 7 September 2017.

1.4               References to Dates

(1)    In this Determination, a reference to "a year" or "per annum" relates to a financial year.

(2)    Where benefits or entitlements are provided with specific reference to "a financial year", these cease on and from 30 June each year and, unless otherwise specified in this Determination, no unexpended amount can be carried over to later financial years.

(3)    Allowances for one financial year, including those relating to travel, cannot be provided in advance for use in a later year.

1.5               Terms Used

In this Determination, unless the contrary intention appears –

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

Leader of a recognised non-Government Party means an officer of Parliament identified in section 4(2)(k) of the Salaries and Allowances Act 1975.

Member means a Member of the Parliament of Western Australia.

Metropolitan Member means a Member who represents:

(a) any of the following electoral regions:

(i) the East Metropolitan Region,

(ii) the North Metropolitan Region,

(iii) the South Metropolitan Region, or

(b) any electoral district contained within any of those electoral regions.

Minor Party Whip means an officer of Parliament identified in section 4(2)(l) of the Salaries and Allowances Act 1975.

Official business means the usual business of a Member of Parliament, which:

(a) Includes business related to a Member's Parliamentary, electorate or office holder roles; and

(b) Excludes party business, other than meetings of a Parliamentary political party, or of its executive or committees, or formal meetings of a political party.

Regional Member means a Member who represents:

(a) any of the following electoral regions:

(i) the Agricultural Region,

(ii) the Mining and Pastoral Region,

(iii) the South West Region; or

(b) any electoral district contained within any of those electoral regions.

Term of Parliament means a term of the Parliament of Western Australia, which:

(a) for Members of the Legislative Assembly, is deemed to commence the day after a general election and conclude on the day of the general election following the dissolution or expiry of the Legislative Assembly;

(b) for Members of the Legislative Council, is deemed to commence on 22 May following a general or conjoint election and conclude on 21 May in the year in which seats would ordinarily be vacated by the effluxion of time.

Tribunal means the Salaries and Allowances Tribunal.

PART 2                     REMUNERATION

2.1               General

(1)    Remuneration payable to a Member under this Determination shall be calculated on and from the day following the day on which the Member is elected as a Member and, except as provided by section 2.1(2) and Part 8, shall cease to be payable at the end of the day on which a person ceases to be a Member.

(2)    A person who ceases to be a Member by reason of the dissolution or expiry of the Legislative Assembly is entitled to receive the remuneration provided in this Determination up to and including the date of the election following that dissolution or expiry.

(3)    A person who, immediately before the dissolution or expiry of the Legislative Assembly, is a Member of the Legislative Assembly and holds an office referred to in section 2.1(4) is entitled to receive the base remuneration paid to a Member, and the additional remuneration provided for in section 2.3 in respect of that office, until whichever of the following occurs first:

(a) they cease to be a Member, other than by the dissolution or expiry by the effluxion of time of the Legislative Assembly;

(b) another person is elected or appointed to the office.

(4)    The offices referred to in section 2.1(3) are as follows:

(a) Leader of the Opposition;

(b) Deputy Leader of the Opposition;

(c) Leader of a recognised non-Government party;

(d) Chairman of Committees (Deputy Speaker);

(e) Government Whip;

(f) Opposition Whip;

(g) Minor Party Whip.

(5)    Remuneration under Parts 2 and 3 of this Determination shall be paid in equal instalments either monthly or twice-monthly, so becoming the property of the Member.  Remuneration relating to part of a pay period should be calculated on a pro-rata basis.

2.2               Base Remuneration

A Member of Parliament shall be paid a base remuneration of $156,536 per annum.

2.3               Additional Remuneration for Office Holders

(1)    In addition to the base remuneration paid to a Member, a Member holding one of the following offices shall be paid additional remuneration so that the total remuneration per annum paid to the officeholder is the relevant amount stated in the Table:

OFFICE HELD	TOTAL REMUNERATION
Premier	$355,681
Deputy Premier	$302,878
Leader of the Government in the Legislative Council	$292,317
Minister of the Crown	$277,230
Leader of the Opposition in the Legislative Assembly	$277,230
President of the Legislative Council	$256,109
Speaker of the Legislative Assembly	$256,109
Leader of the Opposition in the Legislative Council	$239,514
Deputy Leader of the Opposition in the Legislative Assembly	$224,427
Leader of a recognised non-Government party	$224,427
Parliamentary Secretary of the Cabinet	$224,427
Chairman of Committees in either House (Deputy Speaker)	$201,796
Government Whip in the Legislative Assembly	$183,693
Opposition Whip in the Legislative Assembly	$183,693
Parliamentary Secretary	$179,167
Government Whip in the Legislative Council	$179,167
Opposition Whip in the Legislative Council	$174,641
Chairman of a Standing Committee	$171,623
Minor Party Whip	$170,114
Deputy Chairman of a Standing Committee	$167,852
Member of a Standing Committee	$167,097

(2)    A person holding more than one office -

(a) shall be paid additional remuneration under this Part in respect of only one of those offices; and

(b) if the additional remuneration is not the same for all of the offices held, shall be paid the additional remuneration relating to the highest paid office.

2.4               Salary Packaging

Salary packaging contributions may be made within the limits prescribed in the "Guidelines for Salary Packaging in the WA Public Sector 2012 - Amended". A copy of these guidelines can be found at: https://www.commerce.wa.gov.au.  Contributions to the Parliamentary Superannuation Scheme may be salary sacrificed up to the maximum amount allowed under the Scheme.

PART 3                     ELECTORATE ALLOWANCES

3.1               General

(1)    A Member is entitled to an Electorate Allowance to assist in the effective representation of their electorate.

(2)    The Electoral Allowance may be used at the Member's discretion, but shall not be used for campaigning, electioneering or political party promotion.

3.2               Base Electorate Allowance

(1)    In addition to the base remuneration specified in Part 2, a Member shall be paid a Base Electorate Allowance of $78,000 per annum.

(2)    It is intended that this Allowance will be used for expenses incurred to assist with serving the electorate, including:

(a) information and communication technology, including mobile phone use, newsletters and internet publications;

(b) awards and support for community groups or individuals;

(c) hospitality and entertainment associated with a Member's official business;

(d) advertising, other than for the purposes of campaigning, electioneering or political party promotion;

(e) safety equipment for motor vehicles

(f) costs associated with Electoral Management Systems; and

(g) stationery and printing.

(3)    Upon a Member's election to a District or Region for which they have not been the immediately previous Member, the Member may apply to the administering agency for advance provision of an amount equivalent to three months of their Base Electorate Allowance to assist in the establishment of an electorate office.

3.3               Additional Electorate Allowance

(1)    Members representing a region or district listed in the Table in section 3.3(3) are entitled to an Additional Electorate Allowance according to the size and complexity of the Region or District they represent.

(2)    This Allowance is provided to assist eligible Members in undertaking electorate business, including for vehicle safety equipment when considered necessary by the Member.

(3)    The Additional Electorate Allowance is as follows –

ELECTORAL DISTRICT / REGION	ADDITIONAL ALLOWANCE PER YEAR
Mining and Pastoral Region	$25,350
Kalgoorlie, Kimberley, North West Central and Pilbara Districts	$23,900
Agricultural Region	$20,000
Central Wheatbelt, and Roe Districts	$17,500
Moore District	$15,350
South West Region	$12,250
Warren-Blackwood District	$10,400

PART 4                     COMMUNICATION ALLOWANCES

4.1               Electorate Office Telephones

(1)    A Member is entitled to the payment by the administering agency of all charges, other than for international calls, in relation to five telephone lines in their electorate office.

(2)    Electorate office telephones are to be used for official business only.

4.2               Teleconferencing

A Member may be reimbursed for the cost of using audio or video-conferencing facilities, subject to providing to the administering agency certification that demonstrates that the use related to official business.

4.3               Parliament House Communications

A Member charged for using Parliament House facilities for telephone calls, or audio or video-conferencing facilities, shall be reimbursed for all such charges, provided the use related to official business.

PART 5                     TRANSPORT ALLOWANCES

5.1               Motor Vehicle Allowance

(1)    A Member is entitled to a Motor Vehicle Allowance to satisfy all of their motor vehicle requirements, including taxis and hire cars.

(2)    This entitlement is in addition to a Member's remuneration under Part 2.

(3)    This Allowance shall be paid monthly or twice-monthly.

(4)    The Allowance is based upon the size of each electorate and is as follows –

ELECTORAL REGION / DISTRICT	ALLOWANCE PER ANNUM
Central Wheatbelt, Kalgoorlie, Kimberley, Moore, North West Central, Pilbara, Roe and Warren-Blackwood Districts	$42,000
Agricultural, Mining and Pastoral and South West Regions	$42,000
Albany, Collie-Preston, Geraldton, Murray-Wellington and Vasse Districts	$32,000
All other electorate Districts and Regions	$25,000

 

(5)    Subject to section 5.1(6), private plated vehicles will not be provided to Members.

(6)    A Member who, at the time this Determination takes effect, has been supplied with a Government leased private plated motor vehicle shall:

(a) continue under the terms and conditions of that lease until its expiry;

(b) not commence a new lease; and

(c) upon the expiry of that lease, be eligible only to the Motor Vehicle Allowance, calculated on a pro rata basis to reflect the period of their eligibility within that financial year.

Application to Certain Officeholders

(7)    Subject to section 5.1(8), this Allowance is not provided to a Member who has been appointed to an office for which a Government vehicle has been supplied under arrangements separate to this Determination. 

(8)    A Member who is appointed to an office for which a Government vehicle is supplied under arrangements separate to this Determination may apply to the Tribunal to receive this Allowance.  An application under this subsection must certify that the Allowance will be used in relation to motor vehicle requirements predominantly in the Member's electoral region or district.

5.2  Air Charter Transport

(1)          Members representing Regions or Districts specified in the Table shall be entitled to use air charter transport to facilitate the undertaking of official business.

(2)          Expenses in relation to air charter transport shall not exceed the amounts in the following table –
 

ELECTORAL REGION / DISTRICT	ALLOWANCE PER ANNUM
Kalgoorlie, Kimberley, North West Central and Pilbara Districts	$45,000
Mining and Pastoral Region	$35,000
Agricultural Region	$30,000
Central Wheatbelt, and Roe Districts	$25,000
Moore District	$20,000
South West Region	$20,000
Albany, Geraldton and Warren-Blackwood Districts	$8,000

(3)          This Allowance does not apply to travel booked or undertaken in another financial year.

(4)          With respect to over-benchmark costs incurred in relation to a Member's existing vehicle lease:

(a)   in the event the Member entered lease arrangements before 1 July 2015, the amounts specified in the table shall be reduced by the amount of those costs, unless they were met through the Member's Electorate Allowances.  

(b)   for lease arrangements commencing on or after 1 July 2015, such costs shall be drawn from the Member's Electorate Allowance or Additional Electorate Allowance.

(5)          Claims against this Allowance must be submitted to the administering agency within 90 days from the date that the travel is undertaken. 

(6)          The administering agency may extend the time to submit a claim in exceptional circumstances, which are the following:
                     (a)   receipt of invoices delayed for reasons outside the Member's control;

(b)   ill health; and

(c)   bereavement. 

Administrative oversight or negligence are not exceptional circumstances.

(7)          Applications for extension of time must be in writing and provide sufficient details of exceptional circumstances.

(8)          Charges shall only be levied against this Allowance in the event the Member has actually undertaken the travel claimed.

(9)          When travel outside Western Australia cannot be avoided, Members seeking to claim this Allowance must obtain the Tribunal's approval before the travel is undertaken.

(10)      This Allowance may be used for Members who charter aircraft under commercial arrangements and also for Members who choose their own private aircraft to travel.

(11)      This Allowance does not apply when an airline provides a direct service to and from the relevant destination that operates at times reasonably convenient to the Member's business.

(12)      Where a Member uses air charter services or a privately owned aircraft to travel between two or more locations that cannot be accessed directly by commercial air services (regular public transport), the amount deducted from the Member's Charter Transport Allowance shall be the difference between the cost of using air charter transport or a privately owned aircraft for the direct route between the locations and the cost of a business class fare (or where a business class fare is not available, the full economy fare) for the shortest commercial air service for travel to the same locations.  The balance of the cost of using air charter transport or a private aircraft shall be paid from the Consolidated Account.

Private Aircraft

(13)      Subsections (14) to (20) refer to use of this Allowance for costs incurred through travel undertaken in a private aircraft.

(14)      A Member may apply to the Tribunal for approval to access the Allowance for costs related to use of a private aircraft.

(15)      An application to the Tribunal must include:

(a)   verification of ownership of the aircraft;

(b)   make and model of the aircraft;

(c)    a nominated hourly rate for reimbursement; and

(d)   certification that:

                               (i)     the Member will not obtain personal profit through arrangements set by the Tribunal; and

(ii)    claims will be made only in relation to travel for official business.

(16)      The Tribunal will set the conditions under which expenses for use of a private aircraft may be claimed under the Air Charter Transport Allowance, including an hourly rate for reimbursement.

(17)      Reimbursement will be provided only to the individual Member who has received the Tribunal's approval to use a private aircraft.

(18)      A Member claiming costs arising from use of a private aircraft must provide the administering authority with flight records and AVdata to certify the details of the relevant flight.

(19)      Before proceeding with reimbursement, the administering authority must be satisfied that use of a private aircraft is less expensive than commercial charter transport for the same journey.

(20)      In the event that the actual cost of using a private aircraft is more expensive than commercial charter transport for the same journey, then reimbursement will be limited to the cost of commercial charter transport for the same journey.

PART 6                     ACCOMMODATION

6.1               Accommodation – General Matters

(1)    For the purposes of this Part –

Home base means a Member's place of residence.

Partner means a person nominated by a Member as their spouse or de facto partner within the meaning of section 13A of the Interpretation Act 1984.

(2)    Accommodation Allowances may only be claimed for overnight accommodation and associated expenses incurred by a Member in relation to their official business.

(3)    Claims under this Part must be submitted to the administering agency within 90 days from the date accommodation expenses are incurred.

(4)    The administering agency may approve an extension of time to submit a claim following a Member's application in writing, and only in exceptional circumstances, which are the following:

(a) receipt of invoices delayed for reasons outside the Member's control;

(b) ill health;

(c) bereavement. 

Administrative oversight or negligence are not exceptional circumstances.

(5)    Claims must:

(a) identify the relevant Accommodation Allowance being claimed and certify that the expense was incurred in accordance with that Allowance; and 

(b) in the case of commercial accommodation, include a tax invoice or statutory declaration.

(6)    Accommodation Allowances shall be calculated on a pro rata basis for a Member who becomes eligible for an Allowance within a financial year.

(7)    Reimbursement provided under this Part shall be reduced to the extent that the Member's expenses have been, or will be, reimbursed or paid from another source.

6.2               Base Accommodation Allowance

(1)    A Member is entitled to a Base Accommodation Allowance to facilitate their role of representing their electorate and undertake official business.

(2)    The Base Accommodation Allowance may be claimed for accommodation and associated expenses incurred within the State and more than a 75 kilometre radius from the Member's home base. 

(3)    The maximum number of nights claimable per year by a Member is as follows, according to the Region or District that the Member represents –

ELECTORAL REGION / DISTRICT	NIGHTS
Metropolitan Members	30
Bunbury, Dawesville, Geraldton and Mandurah Districts	30
Albany, Warren-Blackwood, Central Wheatbelt, Collie-Preston, Moore, Murray-Wellington, Vasse and Roe Districts	40
Kalgoorlie, Kimberley, North West Central and Pilbara Districts	60
Agricultural, Mining and Pastoral, South West Regions	80

(4)    The total daily amount for the Base Accommodation Allowance is determined to be the relevant Australian Taxation Office's daily travel allowance (published as a Taxation Determination) applicable at the date of travel.

(5)    For the purpose of calculating the appropriate salary limits in a Taxation Determination, a Member's salary comprises:

(a) Base Remuneration; and

(b) any Additional Remuneration provided to an officeholder; and

(c) the Base Electorate Allowance.

(6)    Claims for non-commercial accommodation shall be paid at 40% of the applicable daily rate.

6.3               Regional Members: Allowance to attend sittings of Parliament

(1)    This allowance is only provided when the Member, or their partner, has a right to ongoing occupancy, through ownership or lease arrangements, at a residence in, or adjacent to, their Electoral Region or District.

(2)    An eligible Regional Member is entitled to an allowance for accommodation and associated expenses incurred to meet their requirement to attend sittings of Parliament.

(3)    This allowance entitles the Member to an amount of $273 per night for 90 nights each year.

(4)    The allowance shall be paid monthly or twice-monthly.

(5)    The onus is on the Member to submit to the administering agency evidence that demonstrates:

(a) the right in section 6.3(1); and

(b) any periods during which the right in section 6.3(1) has not applied.

6.4               Regional Members: Additional Metropolitan Accommodation

(1)    This allowance can only be provided when the Member, or their partner, has a right to ongoing occupancy, through ownership or lease arrangements, at a residence in, or adjacent to, their Electoral Region or District.

(2)    In addition to the Allowance provided in section 6.3, eligible Regional Members may claim an amount of $273 per night, up to a maximum of 30 nights per year, for metropolitan accommodation and related expenses associated with:

(a) official Parliamentary committee business;

(b) official Government, Parliamentary or Vice Regal functions; and

(c) other official duties relating to Parliamentary or electorate matters. 

(3)    Claims under this section cannot be made:

(a) in relation to nights included in section 6.3 to facilitate attendance at sittings of Parliament; or

(b) by Regional Office Holders specified in section 6.5.

(4)    The onus is on the Member to submit to the administering agency evidence that demonstrates:

(a) the right in section 6.4(1); and

(b) any periods during which the right in section 6.4(1) has not applied.

6.5               Regional Office Holders: Additional Metropolitan Accommodation

(1)     For the purposes of this section, a Regional Office Holder is a Regional Member who holds one of the following offices:

(a) Premier

(b) Deputy Premier

(c) Minister of the Crown

(d) Leader of the Opposition in the Legislative Assembly

(e) President of the Legislative Council

(f) Speaker of the Legislative Assembly

(g) Leader of the Opposition in the Legislative Council

(h) Leader of a recognised non-Government Party

(2)    This allowance can only be provided when a Regional Office Holder, or their partner, has a right to ongoing occupancy, through ownership or lease arrangements, at a residence in, or adjacent to, their Electoral Region or District.

(3)    In addition to the Allowance provided in section 6.3, eligible Regional Office Holders are entitled to an Allowance for metropolitan accommodation and related expenses incurred to facilitate their official business, including Cabinet and Executive Council responsibilities, and other functions of the office they hold.

(4)    Eligible Regional Office Holders are entitled to an amount of $273 per night for 60 nights per year.

(5)    The allowance shall be paid in monthly or twice-monthly instalments.

(6)    For an eligible Regional Office Holder appointed during a financial year to an office listed in section 6.5(1), this Allowance shall be calculated on a pro rata basis.

(7)    The onus is on the Member to submit to the administering agency evidence that demonstrates:

(a) the right in section 6.5(2); and

(b) any periods during which the right in section 6.5(2) has not applied.

6.6               Office Holders on Official Business

(1)    The following Office Holders are entitled to claim overnight accommodation and associated expenses incurred within Australia and more than a 75 kilometre radius from their home base and related to the official business of their office -

(a) Premier

(b) Deputy Premier

(c) Ministers

(d) Leader of the Opposition in the Legislative Assembly

(e) Leader of the Opposition in the Legislative Council

(f) Leader of a Recognised Non-Government Party

(g) Parliamentary Secretary to the Cabinet

(h) Parliamentary Secretaries

(2)    The actual costs of accommodation claimed by an Office Holder under this section can be debited to the Corporate Credit Card provided to the Office Holder.

(3)    The total daily amount that may be claimed under this section is determined to be the relevant Australian Taxation Office's daily travel allowance (published as a Taxation Determination) applicable at the date of travel.

(4)    For the purpose of calculating the appropriate salary limits in a Taxation Determination, a Member's salary comprises:

(a) Base Remuneration; and

(b) any Additional Remuneration provided to an officeholder; and

(c) the Base Electorate Allowance.

(5)    Claims for non-commercial accommodation shall be paid at 40% of the applicable daily rate.

(6)    Where an Office Holder reasonably and properly incurs costs exceeding the rates specified in in section 6.6(3) and has debited a Corporate Credit Card provided to them, the actual costs shall be met.

(7)    A Member appointed to act temporarily in an office listed in section 6.6(1) is entitled, for the duration of the temporary appointment, to claim an allowance under this section on the same basis as a permanent Office Holder, provided they have been requested in writing by the Office Holder to deputise on official business related to that office.

6.7               Members on Parliamentary Committee Business

(1)    The Accommodation Allowance for overnight accommodation for a Member travelling within Australia as an official representative of a Parliamentary committee or delegation, including a standing, select or a joint committee, is determined to be the relevant Australian Taxation Office's daily travel allowance (published as a Taxation Determination) applicable at the date of travel. 

(2)    For the purpose of calculating the appropriate salary limits in a Taxation Determination, a Member's salary comprises:

(a) Base Remuneration; and

(b) any Additional Remuneration provided to an officeholder; and

(c) the Base Electorate Allowance.

(3)    Claims for non-commercial accommodation shall be paid at 40% of the applicable daily rate.

(4)    Where the costs reasonably and properly incurred exceed the rates contained in section 6.7(1), the actual costs shall be met.

PART 7                     PARLIAMENTARY TRAVEL

7.1               Parliamentary travel

(1)    In this section:

conferences means meetings, seminars and short courses (excluding complete tertiary degree or diploma courses) conducted by professional bodies, educational organisations or special interest groups.

(2)    The allowance is provided to Members for expenses incurred for –

(a) travel, accommodation and incidental expenses incurred within Australia or overseas while undertaking official business; and

(b) attendance at conferences which inform and assist in the performance of their functions as a Member of Parliament.

(3)    Under this Part, a Member is entitled to an amount of $6,750 per annum.

(4)    The allowance shall be paid in monthly or twice-monthly instalments.

PART 8                     RESETTLEMENT ENTITLEMENT

(1)    A Member who is not entitled to superannuation benefits through the Parliamentary Pension Scheme is entitled to receive a Resettlement Entitlement as a lump sum payment upon ceasing to be Member.

(2)    This entitlement is to facilitate a Member's transition from public office to private life by assisting the Member to access resettlement advice and services, including meeting the costs of financial counselling, re-employment counselling, out-placement services, training costs and any other costs incurred as the Member considers necessary.

(3)    The amount of the entitlement shall be calculated according to a Member's length of service as a Member, as follows -

(a) one term - a proportion of Base Remuneration equivalent to 3 months' pay;

(b) more than one term, but less than three terms - a proportion of Base Remuneration equivalent to 6 months' pay; and

(c) three terms or more - a proportion of Base Remuneration equivalent to 9 months' pay.

(4)    The Resettlement Entitlement:

(a) does not apply for a person who has previously received the Resettlement Entitlement;

(b) does not apply for a person who is disqualified for membership of the Legislature under section 32(1)(b) of the Constitution Acts Amendment Act 1899; and

(c) shall be deferred for a person who has ceased to be a Member but is seeking to be a candidate in the next election, until it is confirmed through the election's outcome that the person will not recommence as a Member of Parliament.