Determination 2008/5 - Determination Regarding Staff Travel Arrangements

DETERMINATION 2008/5

 

Members of Parliament (Staff) Act 1984

 

DETERMINATION REGARDING STAFF TRAVEL ARRANGEMENTS

I, JOHN FAULKNER, 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 the date of this determination:

  • Determination 2007/32 made on 16 August 2007 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 12th day of December 2008

Signature

JOHN FAULKNER
Special Minister of State

 

SCHEDULE A

Domestic Travel
  1. Employees may only travel by the most efficient direct route available.
  2. All Personal Employees may travel as directed anywhere in Australia on official business.
  3. 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. The Electorate Staff Travel Budget is not debited where an Electorate Employee travels on Airline Loyalty points, however, the other restrictions at item 3 continue to apply.
  5. 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.
    1. The nomination of an Electorate Employee is to be a settled arrangement, that is, the expectation is that the nomination would not change within 12 months.  The name of the nominated Employee must be notified to Ministerial and Parliamentary Services (M&PS) in writing1 prior to any travel being undertaken under this entitlement.
  6. 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 5.
  7. One nominated Electorate Employee working for the Leader or Deputy Leader of a Minority Party2 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.
    1. The nomination of an Electorate Employee is to be a settled arrangement, that is, the expectation is that the nomination would not change within 12 months. The name of the nominated Employee must be notified to M&PS in writing1 prior to any travel being undertaken under this entitlement.
  8. 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 on official 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 expectation is that the nomination would not change within 12 months. The name of the nominated Employee must be notified to M&PS in writing1 prior to any travel being undertaken under this entitlement.
    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.
  9. 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.  The transfer is to be a settled arrangement, that is, the expectation is that the transfer of entitlement will not change for a period of 12 months.  M&PS must be notified in writing1 of the transfer of travel entitlement prior to the use of the entitlement.
  10. 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.
  11. Travel may not be undertaken at Commonwealth expense for the 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.
  12. Travelling Allowance is not payable during a personal stopover.
  13. 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.
    1. If the charter service also carries other passengers, the Commonwealth will only pay the pro rata cost of the travel of the Employee.
    2. Charter services may not be used for the sole reason that scheduled services are fully booked, or are not available at the most convenient time.
    3. Some regions of Australia have infrequent scheduled services and/or no scheduled air services.  Employees travelling to these locations should plan their travel with regard to these constraints.
  14. 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 items 16-19, 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 primary electorate office 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 k2 $7,000
      Member 500,000 km2 or greater $9,000
      Senators for the NT – $9,000
      All other Senators – $500
  2. The Electorate Staff Travel Budget for each financial year for the following Senators and Members is as follows (instead of the calculation at item 15):

    Senator or Member ESTB
    Member for Fraser $2,000
    Member for Canberra $3,500
    Member for Eden-Monaro $5,000
    Senators for the ACT $3,500
  3. Where a Senator or Member’s primary electorate office is located in Goulburn, the return economy airfare component of the ESTB at item 15.a will be based on return Motor Vehicle Allowance and the component at item 15.c will not apply.
  4. 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.
  5. The Special Minister of State may approve changes to the Electorate Staff Travel Budget for any Senator or Member.
  6. 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.
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 25.  For Electorate Employees these costs are debited to the Electorate Staff Travel Budget.  Employees are not entitled to use taxi services at Commonwealth 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 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. 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
    2. the employee is travelling on official business and scheduled public transport services are not readily available; 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 10, 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.
  5. Where an Employee is provided with a Private-Plated Vehicle (PPV) or cash in lieu of a PPV, other Government funded transport (including taxis) may not be used within the Employee’s nominated home base except for transport to and from the airport when travelling on official business.  This exclusion does not apply where the Employee has a home base other than Canberra, but garages the PPV in Canberra and the PPV is made available for the use of other staff.
Tolls and Parking Costs
  1. Employees authorised by the employing Member to travel on official business may be reimbursed their toll and parking costs.  Such costs must be reasonable (e.g. it is generally expected that long-stay parking will be used at an airport) to be eligible for full reimbursement.
  2. Toll and parking costs will not be reimbursed where incurred during a personal stopover or a period of leave.
  3. Toll and parking costs associated with official business travel of Electorate Employees will be debited to the Electorate Staff Travel Budget.
  4. Employees are not entitled to be reimbursed for valet parking costs.
Travel for Training
  1. The Electorate Employees of Senators and Members whose electorate offices are outside the greater metropolitan area of capital cities (including satellite cities) have access to three trips per year (four trips per year where the Member has a second official electorate office) to travel to the nearest capital city to attend training under the Special Minister of State’s Professional Development Program or approved ad hoc training and professional development opportunities.
  2. Electorate Employees based in the Northern Territory may use the above trips for travel to Adelaide or Brisbane to attend training under the Special Minister of State’s professional development program or approved ad hoc training and professional development opportunities.
  3. The Senators and Members whose Employees are eligible for the above trips to will be listed on the MOP(S) intranet site, http://mops.
COMCAR Services for Employees of the Prime Minister
  1. All Employees of the Prime Minister may use a COMCAR to travel to or from RAAF Base Fairbairn when embarking or returning from travel with or on behalf of the Prime Minister.
  2. With prior notification to the COMCAR Client Liaison Manager, the Prime Minister’s employees may also travel in a COMCAR, when the car would otherwise be travelling without passengers, in the following circumstances:
    1. if a COMCAR is travelling out of zone (for example, from Canberra to Merimbula) to meet the Prime Minister, and employees need to travel along the same route to meet the Prime Minister; and
    2. if a COMCAR is travelling as part of the Prime Minister’s advance party and employees need to travel along the same route.
  3. In using COMCAR for these purposes, the COMCAR booking will be based solely on the Prime Minister’s requirements.  Employees must make their own way to and from any pick up/drop off point that COMCAR advise, which will be on the direct intended route.  The COMCAR schedule cannot be altered to incur waiting time on behalf of an Employee.

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Footnotes

1 Using the Nomination of Electorate Employee Travel Entitlement form on the MOP(S) intranet, http://mops.
2 The Leader or Deputy Leader of a recognised non-Government party with at least five members in the Parliament, but not including an Opposition Office Holder.

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