Appendix B – Determinations made under the MOP(S) Act during 2007–2008

Appendix B – Determinations made under the MOP(S) Act during 2007–2008

 

DETERMINATION 2007/29
Members of Parliament (Staff) Act 1984

DETERMINATION REGARDING STAFF TRAVEL ARRANGEMENTS

I, GARY NAIRN, Special Minister of State, for and on behalf of the Prime Minister, determine under subsection 13(2) and subsection 20(2) of the Members of Parliament (Staff) Act 1984 (the Act) that, with effect on and from 1 July 2007:

  • Determination 2006/12 made on 4 July 2006 is revoked; and
  • the travel arrangements set out in Schedule A of this determination will apply to the staff of Senators and Members employed under Part III and Part IV of the Act.

Dated this 5th day of July 2007

<Signed>

GARY NAIRN
Special Minister of State

 

 

SCHEDULE A
Domestic Travel
  1. Employees may only travel by the most efficient direct route available.
  2. All Personal Employees, with the exception of Clerks to Whips, may travel as directed anywhere in Australia on official business.
  3. Clerks to Whips and, subject to available funds in the Electorate Staff Travel Budget (where applicable), Electorate Employees may travel as directed, on official business:
    1. between the electorate and Canberra;
    2. between the electorate and the capital city of the relevant State or Territory; and
    3. within the electorate of their employing Senator or Member.
  4. One nominated Electorate Employee working for a Minister, a Parliamentary Secretary, or an Opposition Office Holder may travel as directed anywhere in Australia on official business.
  5. The Electorate Staff Travel Budget does not apply to the Electorate Employees of a Minister, Parliamentary Secretary or Opposition Office Holder. The travel restrictions at item 3 continue to apply to Electorate Employees who are not nominated for the unlimited travel entitlement at item 4.
  6. One nominated Electorate Employee working for the Leader or Deputy Leader of a Minority Party may travel as directed anywhere in Australia on official business. The Electorate Staff Travel Budget and restrictions at item 3 continue to apply to the remaining Electorate Employee positions of the Leader or Deputy Leader of a Minority Party.
  7. One nominated Electorate Employee working for a Senator or Member who is also the Chair of a Parliamentary Committee may travel as directed anywhere in Australia to accompany or join the Senator or Member when the Senator or Member is travelling on Parliamentary Committee business (the Travel).
    1. The Electorate Staff Travel Budget does not apply to the Travel.
    2. The nomination of an Electorate Employee is to be a settled arrangement, that is, the general expectation is that the nomination would not change within 12 months.
    3. A Senator or Member may nominate only one Electorate Employee to access this entitlement at any one time, irrespective of the number of Parliamentary Committee Chair positions held by the Senator or Member.
    4. The general travel conditions set out in this Schedule continue to apply, including, where appropriate, to the Travel.
  8. A Shadow Minister, other than an Opposition Office Holder, may transfer the unlimited travel entitlement held by a Personal Employee position to an Electorate Employee. The travel entitlement of the Personal Employee position, whose unlimited travel entitlement has been transferred, is that of an Electorate Employee and is subject to the Electorate Staff Travel Budget and restrictions at item 3.
  9. Official travel is restricted to the Australian mainland and Tasmania, unless the employing Senator or Member has a specific entitlement to travel to external Australian Territories.
  10. Travel may not be undertaken at Commonwealth expense for personal benefit of an employee. With the approval of the employing Senator or Member, an employee is permitted to make a stopover for personal reasons in the course of travel on official business by the most efficient direct route available, provided:
    1. the stopover is for a maximum of two nights only;
    2. no annual leave is taken by an Employee as part of the stopover; and
    3. any additional costs for fares or costs related to the stopover are paid by the employee at the time of booking the travel.
  11. Travelling Allowance is not payable during a personal stopover.
  12. An Employee may only use charter services when accompanying their employing Senator or Member under the Senator’s or Member’s charter entitlement or where scheduled transport services (including air, rail, sea and bus) are not available.
  13. Employees are required to travel within entitlement and therefore all reasonable steps are to be taken to ensure, where applicable, that departure and destination travel arrangements are compatible with scheduled transport services.
Electorate Staff Travel Budget
  1. Except as provided at item 15, the Electorate Staff Travel Budget is calculated at the commencement of each financial year on the basis of:
    1. 20 return economy airfares between the electorate and Canberra;
    2. 110 nights of Travelling Allowance at the rate applicable to Canberra;
    3. taxi fares and/or Motor Vehicle Allowance to and from the relevant airports for the 20 flights above; and
    4. a component for intra-electorate travel as follows:
    Senator/Member Electorate Size $
    Member 0-199 km2 $300
    Member 200-999 km2 $500
    Member 1,000-9,999 km2 $700
    Member 10,000-99,999 km2 $1,000
    Member 100,000-199,999 km2 $5,000
    Member 200,000-499,999 km2 $7,000
    Member 500,000 km2 or greater $9,000
    Senators for the NT – $9,000
    All other Senators – $500
  1. The Electorate Staff Travel Budget for each financial year for the following Senators and Members is as follows (instead of the calculation at item 14):
    Senator or Member ESTB
    Member for Fraser $2,000
    Member for Canberra $3,500
    Senators for the ACT $3,500
    Member for Eden-Monaro $5,000
  2. The Electorate Staff Travel Budget is calculated pro rata, on the basis of the number of calendar days remaining, for the financial year in which a Senator or Member commences his or her term or where the Electorate staff of a Senator or Member become subject to the Electorate Staff Travel Budget during a financial year.
  3. If the Electorate Staff Travel Budget for a year is exhausted, a Senator or Member may not draw down from the Electorate Staff Travel Budget for the following year. The cost of travel beyond the Electorate Staff Travel Budget is a debt owed to the Commonwealth and must be repaid by the Senator or Member. Unused funds may not be carried over to the following year.
  4. The Special Minister of State may approve changes to the Electorate Staff Travel Budget for any Senator or Member.
Class of Travel
  1. Senior staff (employees above the level of Adviser) who are required by the employing Senator or Member to travel on official business by air, rail or sea are entitled to a fare which shall not exceed the cost of a business class airfare for the most reasonable and usual route between the departure and destination points. Where a business class airfare is not published for the destination point, the cost to the Commonwealth of travel by air, rail or sea must not exceed the economy class airfare for the most reasonable and usual route, between the departure and destination points.
  2. Employees, other than senior staff, who are required by the employing Senator or Member to travel on official business by air, rail or sea are entitled to a fare which shall not exceed the cost of an economy class airfare for the most reasonable and usual route between the departure and destination points, unless otherwise determined by the Special Minister of State.
  3. A Minister, Parliamentary Secretary or Opposition Office Holder may direct a member of his or her staff who is on the same aircraft to travel at the same class as him or her, where there is a working need to do so. It is expected that no more than one employee will do so on any particular trip.
Taxis and Self-Drive Hire Cars
  1. Employees are entitled to use taxi services when on duty and travelling on official business, including as set out at item 23. For Electorate Employees these costs are debited to the Electorate Staff Travel Budget. Employees are not entitled to use taxi services at Australian Government expense for private use.
  2. It is an employee’s responsibility (and hence the employee’s cost) to transport him or herself to and from work for his or her normal hours of duty. This responsibility includes travel to and from hired accommodation and the office when travelling on Parliamentary or electorate business away from his or her home base. Exceptions to this rule occur where:
    1. scheduled public transport services are not readily available; or
    2. the trip is approved for personal safety reasons (where the risk to personal safety is significantly increased due to the requirement to work late); or
    3. the employee is travelling on official business and is carrying luggage to and/or from the office for the purpose of the trip.
  3. Employees of a Minister, Parliamentary Secretary, Opposition Office Holder or Shadow Minister, when travelling as directed on official business, subject to the restrictions at items 1 to 9, may use:
    1. taxis;
    2. hire cars; and
    3. short-term self-drive cars hired through the travel services provider, or with any car hire company, provided that:
      1. the hire is of no more than 10 days duration; and
      2. such a vehicle is not used for journeys within Canberra or within a city/town where the employer’s electorate or other office is located.
  4. Other Electorate Employees may use self-drive hire vehicles for travel on official business within the electorate for a maximum of 10 days on any one occasion. Self‑drive hire vehicles should be used on weekdays only unless exceptional circumstances apply and the Senator or Member has approved the use. These costs are debited to the Electorate Staff Travel Budget.
Tolls and Parking Costs
  1. Employees authorised by the employing Member to use a self-drive hire vehicle for the purpose of travel on official business may be reimbursed their toll and parking costs when the approved travel is not eligible for Travelling Allowance.
  2. Toll and parking costs associated with official business travel of Electorate Employees will be debited to the Electorate Staff Travel Budget.
  3. Where a privately owned vehicle is used for travel on official business, Motor Vehicle Allowance is payable and covers the cost of tolls and car parking. Where travel on official business involves an overnight stay, Travelling Allowance is payable and covers the cost of tolls and car parking.
  4. Tolls and car parking costs will not be reimbursed for travel on official business in a Commonwealth provided private-plated vehicle.
  5. Employees are not entitled to be reimbursed for valet parking costs.

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