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Determination 9 August 2013

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Determination: Members of Parliament – 2013 August 9th (PDF 390KB)

WESTERN AUSTRALIA SALARIES AND ALLOWANCES ACT 1975
DETERMINATION OF THE SALARIES AND ALLOWANCES TRIBUNAL ON REMUNERATION OF MEMBERS OF PARLIAMENT

Pursuant to Sections 6(1) (a), (ab), (b) and 6AA

August 2013

PREAMBLE

1.   The Salaries and Allowances Act 1975 (‘SAA Act’) requires the Tribunal, at intervals of not more than twelve months, to inquire into and determine the remuneration to be paid or provided to Ministers of the Crown, the Parliamentary Secretary to the Cabinet, a Parliamentary Secretary appointed under Section 44A(1) of the Constitution Acts Amendment Act 1899, members of committees, and officers and Members of the Parliament.

CURRENT INQUIRY

2.   In discharging its statutory requirements with respect to the remuneration of Members of Parliament, the Tribunal’s approach has been to:

  • write to all Members of Parliament;
  • meet with Members who sought to make a verbal submission;
  • consult with its statutory advisor; and
  • be available to Members of Parliament to explain the provisions of the current determination prior to submissions being prepared.

3.   On 27 June 2013, the Tribunal issued a determination adjusting the salary provided to a range of office holders including Members of Parliament. This inquiry provided all interested parties, including members of the public the opportunity to make a submission regarding the salary component of a Member of Parliament’s remuneration. Submissions relevant to the current inquiry into parliamentary allowances have been considered.

4.   The current inquiry has again considered the salary of Members of Parliament and all other aspects of their remuneration. In accordance with section 8 of the SAA Act the Tribunal is to ensure that not more than a year elapses between determinations. As the last general determination into all aspects of the remuneration of Members of Parliament was issued on 10 August 2012, this determination is being issued today to meet the Tribunal’s statutory deadline.

INVITATION TO MEMBERS

5.   On Tuesday, 11 June 2013, the Tribunal emailed all Members of Parliament inviting submissions to its inquiry with a closing date of Friday, 26 July 2013.

LABOUR MARKET AND ECONOMIC DATA

6.   Relevant labour market and economic data were considered in the context of the general remuneration determination of June 2013 which resulted in a 2.6 per cent economic adjustment being applied to various office holders under the Tribunal’s jurisdiction, including Members of Parliament.

STATUTORY ADVISOR

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

CONSIDERATIONS

8.   In exercising its statutory responsibilities, the Tribunal applies broad principles upon which levels of remuneration are determined for all categories of offices and positions within the scope of the SAA Act. These principles, particularised to Members of Parliament, have been applied by the Tribunal to make judgements with respect to the remuneration in this determination. These principles are:

  • the value of a parliamentary position to the State under our democratic system of government;
  • measures of the ‘work value’ of Members of Parliament and various offices held by Members in the Parliament; and
  • the level of remuneration of Members within the context of the environment of wage and salary rates applying generally in the community.

9.   The Tribunal is conscious of the position of Parliamentarians in our democratic system and that the remuneration of Members should not preclude people from all walks of life from aspiring to enter Parliament.

10.   Although the Tribunal has not adjusted the salary of a Member in this determination, these principles have been taken into consideration while determining the parliamentary entitlements of Members.

SUBMISSIONS

11.   Over the course of the year, the Tribunal received submissions from Members of Parliament, those agencies which administer the Tribunal’s determination and interested parties.

12.   Submissions received by the Tribunal generally addressed matters concerning the adjustment of allowances and the administration of existing provisions. Matters which have been raised that have not been addressed in this determination will be considered in the ongoing review by the Tribunal.

13.   Matters raised, which are relevant to the current inquiry included:

  • the comparative additional salaries for office holders;
  • the payment of Legislative Council Parliamentary Committee Members during the dissolution of the Legislative Assembly;
  • the provision of information and communication technology (ICT) equipment to Members;
  • issues relating to the provision of motor vehicles;
  • issues relating to the accommodation allowances provided to Members; and
  • the number of telephone lines provided to Members.

14.   The Tribunal has noted the submissions to this inquiry in its deliberations.

REMUNERATION OF MEMBERS OF PARLIAMENT IN WESTERN AUSTRALIA

15.   The Tribunal has for several years commented in its determinations on the deterioration in the remuneration of Members of Parliament in Western Australia relative to various public office holders. The issue is not unique to Western Australia, nor is it unique to Australia. In the United Kingdom, the newly established Independent Parliamentary Standards Authority (IPSA) recently referred to the pay gap between British Members of Parliament and a range of comparators such as public sector professionals and average national earnings. IPSA faces the same challenge as the Tribunal:

It is one thing to say that we have to address what pay MPs should get, it is another to devise some way of doing so which at least has a grounding in reason and argument.1

16.   This year, the Tribunal has embarked on an inquiry into the remuneration of Members of Parliament which is intended to provide a grounding in reason and argument to the Tribunal to address the pay gap that exists here in Western Australia. The inquiry is intended to inform the Tribunal in the context of the significant increase in pay awarded to Commonwealth Members of Parliament in 2012 and reviews currently under way in other Australian jurisdictions.

17.   The Premier has encouraged the modernisation and review of the current suite of entitlements for Members of Parliament. Earlier this year, the Premier referred to the Tribunal responsibility for reviewing aspects of the parliamentary travel allowance known as the Imprest Travel Allowance. The Imprest Travel Allowance is an allowance determined by the Treasurer over the term of a Parliament from which Members can seek reimbursement for travel, accommodation and incidental expenses incurred on parliamentary and electorate business.

18.   The Tribunal has incorporated into this determination an allowance in many respects similar to the Imprest Travel Allowance which also includes the capacity to seek reimbursement for attendance at conferences, seminars and short courses relevant to the parliamentary and electorate duties of a Member. The application of this initiative will be monitored closely so that the Tribunal can reassess the efficacy of the entitlement within the context of the Tribunal’s ongoing review.

19.   Over recent years the Tribunal has updated and modernised the salaries and allowances for Members of Parliament. The Tribunal has:

  • Adopted Australian Taxation Office reasonable benefit limits as the standard for accommodation allowances consistent with national standards applying to all tax payers;

  • Introduced resettlement allowances for Members of Parliament whose Parliamentary careers were limited to a maximum of three terms to enable them to transition from public office to private life;

  • Replaced the use of benchmark vehicles for Members of Parliament with an annual allowance to provide greater choice of operational vehicles;

  • Replaced allowances for postage and the payment of telephone bills by increasing the electorate allowance to provide Members with greater flexibility in adopting more modern approaches to communicating with their electorates; and

  • Streamlined and clarified a number of other entitlements.

20.   The ongoing inquiry into the remuneration of Members of Parliament will involve extensive consultation with Members and other key stakeholders to review all aspects of Members’ entitlements.

DETERMINATION

21.   In making this determination and in applying the principles stated earlier in this preamble, the Tribunal has considered the submissions it received; the state of the economy reflected in movements in a range of economic indicators and current use of entitlements.

BASE REMUNERATION OF MEMBERS OF PARLIAMENT AND ADDITIONAL REMUNERATION OF MINISTERS, PARLIAMENTARY SECRETARIES AND OFFICE HOLDERS OF THE PARLIAMENT

22.   The Tribunal adjusted the base remuneration and additional remuneration (salary components) in its determination of 27 June 2013. Having undertaken a further inquiry into the salary components of Members of Parliament and office holders, the Tribunal has decided that there shall be no change to the amounts set out in Part 2, Sections 1 and 2 of this determination.

ELECTORATE ALLOWANCES

23.   Base Electorate Allowance - The Tribunal has determined an increase to the base electorate allowance to maintain the value of the allowance in line with Perth CPI increases and the significant increase in the average number of electors per electorate2 for the year ended 30 June 2013.

24.   One submission raised the issue of ICT equipment such as tablets becoming an important tool for a Member in performing their parliamentary and electorate duties. In considering the submission, the Tribunal noted that in its 2011 determination, the base electorate allowance was increased by $1,500 for communication purposes. At the time, the Tribunal took into account “the increased cost of meeting community expectations for communication and access to information (whether that be by means of newsletter, mobile phone, website or some other means).”

25.   The Tribunal considers that the increase in base electorate allowance provided in 2011, along with the increases awarded in 2012 and in this determination are sufficient to meet the ICT needs of Members at this time.

26.   Additional Electorate Allowance - In its 2012 determination the Tribunal outlined the rationale for its determination of an additional electorate allowance. The Tribunal has consistently maintained that there is a compelling case for an Additional Electorate Allowance for regional Members of Parliament who travel widely within their electorates and frequently between the Parliament and their electorates. The Tribunal contemplated such expenses as: additional meal and accommodation expenses incurred in transit while travelling to and from remote and regional locations; additional travel to meet family commitments; and additional communication costs associated with electors dispersed over a wide area (e.g. a letter box drop for newsletters can be logistically difficult if not impossible).

27.   The Tribunal has determined that the additional electorate allowance payable to regional Members of Parliament should be increased by the Perth CPI for the year ending June 2013 of 2.5 per cent rounded to the nearest $50.

28.   Motor Vehicle – A number of issues were raised with the Tribunal regarding the provision of motor vehicles. These included:

  • The replacement of the benchmark 4WD vehicle with a notional lease value;
  • The ability to access V8 vehicles under the entitlement;
  • The cash value of an office holders vehicle; and
  • The need for a second electorate vehicle for some regional Members.

29.   The Tribunal has determined an increase in the notional whole of life lease value to $25,000 per annum.

30.   While the Tribunal has made no further changes to the motor vehicle entitlement at this time, the issues raised will continue to be examined by the Tribunal and will form a component of the ongoing review into Members’ remuneration being conducted by the Tribunal. In addition to these issues, the Tribunal will be exploring the possibility of removing the provision of motor vehicles for Members and replacing it with a conveyance or transport allowance.

31.   The Tribunal would encourage any submission regarding this issue from Members of Parliament or other interested parties.

TRAVELLING ALLOWANCES

32.   Charter Transport Allowance – The Tribunal has decided that there will be an increase of 3.8 per cent, rounded to the nearest $50, in the Charter Travel Allowance in this determination in recognition of the increases in fuel costs associated with charter transport services.

ACCOMMODATION ALLOWANCES

33.   General – Two submissions were received suggesting minor wording changes to the Tribunal’s determination in relation to accommodation allowances. One of the suggested changes was to allow a Member to submit a statutory declaration in order to make a claim where a tax invoice was not able to be produced. The other suggested change was to allocate on a pro rata basis the applicable number of nights’ accommodation mentioned in Part 5 Sections 5 and 6 when a member is elected and takes office within the financial year.

34.   Metropolitan Expenses of Country Members – The Tribunal has determined that the accommodation expenses for country Members of Parliament as set out in Part 5 Section 5 of the determination shall be increased by 2.5 per cent from $266 to $273 per night. The increase is an approximation of the annual average Perth CPI. This is considered to be an appropriate measure given the nature of the household expenses that country Members incur while resident in Perth to attend to parliamentary, electoral or vice-regal matters.

35.   The Tribunal will be considering all the travelling and accommodation allowances in its ongoing inquiry, including the intent and purpose of the entitlement. Particular attention will be given to how these allowances are structured and aspects of their administration. Several submissions have been received and the Tribunal encourages any Member of Parliament or interested parties to make submissions to the Tribunal regarding these matters.

TELEPHONE AND POSTAL SERVICE ALLOWANCES

36.   Telephone Allowances for Electorate Offices – A submission raised the prospect of reducing the entitlement for Members from ‘up to five approved telephone lines in that Member’s electorate office’ to ‘three approved telephone lines and one additional line provided for a facsimile/ADSL’. The Tribunal has determined no change to the entitlement at this time and will consider the submission further as part of the Tribunal’s ongoing inquiry.

PARLIAMENTARY TRAVEL

37.   In reviewing the Imprest Travel Allowance and following consultation with the Premier, the Tribunal has exercised its discretion under section 6(1) of the SAA Act to determine a Parliamentary Travel Allowance for travel, accommodation and incidental expenses.

38.   The intent of the allowance is to assist each Member of Parliament to inform themselves and to be involved in the policy development and decision making processes which are fundamental to their duties in the Parliament and in representing their electorates.

39.   The allowance also provides for reimbursement of attendance fees for conferences, seminars and short courses. Reimbursement of such attendance fees was not possible under the Imprest Travel Allowance and this was a matter raised in particular by the Premier. By providing for reimbursement of fees to attend conferences, seminars and short courses the Tribunal intends that Members should have a greater capacity to keep abreast of current issues and be involved in informed debate on important policy matters.

40.   There is a significant limitation on the allowance in that it will not apply during election campaign periods.

41.   From 1 September 2013, Members will be able to claim reimbursement of expenses totalling $27,000 over the 4 year term of a parliament.

CONCLUSION

42.   In fulfilling its statutory responsibilities, the Tribunal has determined various adjustments to the entitlements of Members of Parliament in line with general increases in costs and prices in Western Australia. The Tribunal views it as critical that Members of Parliament are able to be reimbursed for expenses properly incurred in conducting parliamentary and electorate business. To be prevented from doing so would provide a disservice to the Member and the electorate they represent.

43.   In providing for the salary and allowances of Members of Parliament, the Tribunal is mindful that the integrity of its determinations is underpinned by principles of transparency, processes, an appropriate level of accountability for expenditure from the public purse and the proper application and administration of entitlements. The Tribunal will keep these principles in mind as it continues the current review of the remuneration of Members of Parliament. During this review, every member of the community will be given an opportunity to comment and make a submission regarding all aspects of a Member of Parliament’s remuneration. The Tribunal encourages members of the community to take advantage of this opportunity to have input into the Tribunal’s deliberations.

The determination will now issue.

Signed this 9th day of August 2013.

W S Coleman AM C A Broadbent B J Moore
CHAIRMAN MEMBER MEMBER

 

SALARIES AND ALLOWANCES TRIBUNAL

 

DETERMINATION OF THE SALARIES AND ALLOWANCES TRIBUNAL

Pursuant to Section 6(1) (a) (ab) (b) and 6AA of the Salaries and Allowances Act 1975

Pursuant to the provisions of the Salaries and Allowances Act 1975, the Salaries and Allowances Tribunal (“the Tribunal”) determines the remuneration to be paid to Ministers of the Crown, the Parliamentary Secretary of Cabinet, a Parliamentary Secretary appointed under Section 44A (1) of the Constitution Acts Amendment Act 1899, members of committees, officers and Members of the Parliament, as hereunder follows with effect from 1 September 2013, unless otherwise stated:

CONTENTS

PART 1: PAYMENT OF REMUNERATION

  • Section 1 General

PART 2: REMUNERATION

  • Section 1 Base remuneration of Members of Parliament #
  • Section 2 Additional remuneration of Ministers of the Crown, Parliamentary Secretaries and office holders of the Parliament #
  • Section 3 Salary packaging #

PART 3: ELECTORATE ALLOWANCES

  • Section 1 General
  • Section 2 Base Electorate Allowance #
  • Section 3 Additional Electorate Allowance #
  • Section 4 Motor Vehicle */#

PART 4: TRAVELLING ALLOWANCE

  • Section 1 Charter Transport Allowance *
  • Section 2 Taxi Fare Allowance #

PART 5: ACCOMMODATION ALLOWANCES

  • Section 1 General
  • Section 2 Expenses of office holders on official Government business *
  • Section 3 Expenses of Members on parliamentary committee business #
  • Section 4 Expenses of Members on parliamentary or parliamentary political party business #
  • Section 5 Metropolitan expenses of Members representing Regions or Districts therein #
  • Section 6 Members’ expenses within the electorate #

PART 6: TELEPHONE AND POSTAL SERVICE

  • Section 1 Telephone Allowances for Electorate Offices *
  • Section 2 Parliament House #
  • Section 3 Teleconferencing */#
  • Section 4 Postal Service Allowances for certain office holders #

PART 7: REGIONAL SITTINGS OF THE PARLIAMENT

  • Section 1 General
  • Section 2 Sittings of the Parliament other than in Perth #

PART 8: RESETTLEMENT ENTITLEMENT

  • Section 1 General#

PART 9: PARLIAMENTARY TRAVEL

  • Section 1 General
  • Section 2 Extent of Reimbursement*
  • Section 3 Transitional Provisions

Entitlement administered by:

# Parliamentary Departments, Parliament House
* State Administration, Department of the Premier and Cabinet

PART 1: PAYMENT OF REMUNERATION

SECTION 1: GENERAL

1.1   The remuneration payable to a Member under this determination shall be calculated and appropriately adjusted on and from the day following the day on which the Member is elected as a Member and, except as provided by paragraph 1.2 of this Section and Part 8, shall cease to be payable at the end of the day that the person ceases to be a Member.

1.2   Where a Member of the Legislative Assembly ceases to be a Member by reason of the dissolution of that House or the expiry by the effluxion of time, the Member is, notwithstanding that Member’s cessation of membership, entitled to continue to receive the remuneration provided in this determination up to and including the date of the election following the dissolution or expiry of that House.

1.3   Where the Legislative Assembly is dissolved or expires by the effluxion of time, a person who is the Parliamentary Secretary of the Cabinet or immediately before the dissolution or expiry by the effluxion of time was the Chairman of Committees in the House (Deputy Speaker) or is the holder of the office of:

1.3.1   Leader of the Opposition in that House;

1.3.2   Leader of a recognised non-Government party (as defined in Section 2 of Part 2 of this determination);

1.3.3   Deputy Leader of the Opposition in that House;

1.3.4   Government Whip in that House; or

1.3.5   Opposition Whip in that House;

is entitled to receive the remuneration payable to that office holder by virtue of Section 2 of Part 2 of this determination until:

1.3.6   that person ceases to be a Member by reason of an event other than the dissolution or expiry by the effluxion of time of the Legislative Assembly; or

1.3.7   another person is elected or appointed to the office held by that person;

whichever event shall first occur.

1.4   Remuneration payable under Parts 2, 3 and 6 (Section 4) of this determination shall be paid by equal instalments either monthly or twice monthly and becomes thereupon the property of the Member. Remuneration relating to part of a pay period should be calculated as 1/365 of the annual amount specified in this determination multiplied by the relevant number of days.

1.5   In this determination where reference is made in the text to “… a year …” or “… per annum …” this should be taken to mean a financial year. Where benefits or entitlements are provided with specific reference in the text to “… a financial year …” these cease on and from 30 June each year and no carryover of any unexpended portion is permitted. Accordingly, the advance purchasing of relevant benefits such as those relating to travel in one financial year to be utilised in another financial year is not permitted.

PART 2: REMUNERATION

SECTION 1: BASE REMUNERATION OF MEMBERS OF PARLIAMENT

1.1   There is payable to each Member of Parliament an annual base remuneration of $148,638.

SECTION 2: ADDITIONAL REMUNERATION OF MINISTERS OF THE CROWN, PARLIAMENTARY SECRETARIES AND OFFICE HOLDERS OF THE PARLIAMENT

2.1   In addition to the base remuneration payable to a Member under Section 1 of this Part of this Determination there is payable to the person for the time holding the office specified in the table hereunder additional remuneration per annum calculated as a percentage of the base remuneration.

 

Office Held Per cent of Base Remuneration Additional Remuneration Total Remuneration
Premier in conjunction with a ministerial office 132% $196,202 $344,840
Deputy Premier in conjunction with a ministerial office 97% $144,179 $292,817
Leader of the Government in the Legislative Council in conjunction with a ministerial office 90% $133,774 $282,412
Minister of the Crown 80% $118,910 $267,548
Leader of the Opposition in the Legislative Assembly 80% $118,910 $267,548
President of the Legislative Council 66% $98,101 $246,739
Speaker of the Legislative Assembly 66% $98,101 $246,739
Leader of the Opposition in the Legislative Council 55% $81,751 $230,389
Deputy Leader of the Opposition in the Legislative Assembly 45% $66,887 $215,525
The person who not being a Minister of the Crown is the leader in the Parliament of a party of at least five Members of Parliament other than a party whose Leader is the Premier or the Leader of the Opposition (referred to in this determination as the “Leader of a recognised non-Government party”) 45% $66,887 $215,525
Parliamentary Secretary of the Cabinet 45% $66,887 $215,525
Chairman of Committees in either House (Deputy Speaker) 30% $44,591 $193,229
Government Whip in the Legislative Assembly 18% $26,755 $175,393
Opposition Whip in the Legislative Assembly 18% $26,755 $175,393
Parliamentary Secretary 15% $22,296 $170,934
Government Whip in the Legislative Council 12% $17,837 $17,837
Opposition Whip in the Legislative Council 12% $17,837 $166,475
Chairman of a Standing Committee 10% $14,864 $163,502
Deputy Chairman of a Standing Committee 7.5% $11,148 $159,786
Member of a Standing Committee 7% $10,405 $159,043

2.2   If a person holds more than one office, that person shall be paid additional remuneration under this Part in respect of only one of those offices.

SECTION 3: SALARY PACKAGING

3.1 Salary packaging contributions may be made within the limits prescribed in the “Guidelines for Salary Packaging in the WA Public Sector 2013 - Amended”. A copy of these guidelines can be found at: http://www.commerce.wa.gov.au/labourrelations/PDF/Circulars/2012_004.pdf

Contributions to the Parliamentary Superannuation Scheme may be salary sacrificed up to the maximum amount allowed under the Scheme.

PART 3: ELECTORATE ALLOWANCES

SECTION 1: GENERAL

1.1   In consideration of the obligations of a Member effectively to represent the needs of an electorate and to undertake parliamentary duties, the amounts specified in this Part are provided in the form of an Electorate Allowance, to be utilised as the Member sees fit.

1.2   The Tribunal in determining the relevant amounts has not taken into account the cost of activities such as campaigning, electioneering or political party promotion.

1.3   The motor vehicle provided to Members under Section 4 of this Part forms part of the Electorate Allowance and not part of a remuneration package. The Tribunal has determined that the motor vehicle can be used for private purposes and from time to time it is anticipated that electorate staff or a family member will use the vehicle. Use of a Government leased or owned motor vehicle by other persons, unless for emergency purposes, is not permitted.

SECTION 2: BASE ELECTORATE ALLOWANCE

2.1   In addition to the basic remuneration payable under Part 2 of this determination, there is payable to a Member an Electorate Allowance of $67,000 per annum:

2.1.1   less any expenditure incurred at the request of the Member in seeking a variation to the standard applied to a motor vehicle in Section 4 of this Part.

2.2   The obligations taken into account by the Tribunal in determining the Base Electorate Allowance include, but are not limited to:

2.2.1   Information and communication technology (ICT) – e.g. mobile phone calls, SMS and other electorate related telephone calls made outside of the electorate office, newsletters, web publications;

2.2.2   Awards and support for community groups or individuals;

2.2.3   Hospitality and entertainment;

2.2.4   Advertising (not electioneering); and

2.2.5   Stationery and printing.

2.3 To assist a Member who has not previously represented an electoral District or Region to establish their electorate office, there is payable to a Member up to 3 months’ worth of their Base Electorate Allowance in advance on application to the authority administering this entitlement.

SECTION 3: ADDITIONAL ELECTORATE ALLOWANCE

3.1   In recognition of the increased expenditure incurred by Members representing the largest, most remote or least easily accessible electorates, the following amounts shall be paid in addition to the Base Electorate Allowance provided under Section 2 of this Part.

Table 1: Additional Electorate Allowances

ELECTORAL REGION ELECTORAL DISTRICT ADDITIONAL ALLOWANCE PER ANNUM
Mining and Pastoral Region   $22,650
Eyre, Kalgoorlie, Kimberley, North West Central and Pilbara $21,250
Agricultural Region   $15,150
  Central Wheatbelt, Moore and Wagin $13,150
South West Region   $10,200
  Warren-Blackwood $8,450

SECTION 4: MOTOR VEHICLE

4.1   Every Member of Parliament, with the exception of those Members who, as a result of an office held, are provided with a Government leased or owned motor vehicle under arrangements not covered by this determination, shall be entitled to the supply of a Government leased or owned private plated motor vehicle for parliamentary, electorate and private use within Western Australia.

4.2   A Member, representing the South West, Agricultural or Mining and Pastoral Region or any District contained therein, who is provided with a Government leased or owned motor vehicle as a result of an office held, may make application to the Tribunal for the issue of an electorate motor vehicle. The application should detail the reasons why a second vehicle is required and provide certification that the principal use of the vehicle will be for electorate purposes.

4.3   Any Member who foregoes the entitlement in paragraph 4.1 or 4.2 of this Section and has no other Government supplied motor vehicle shall be paid an amount of $25,000 per annum, payable monthly or twice monthly with the Base Electorate Allowance provided in Section 2 of this Part. The Tribunal determines that this option is not to be used as a means of changing or returning motor vehicles at times other than the expiration of a normal lease. Where any Member becomes entitled to access a Government supplied motor vehicle under an arrangement not covered by this determination and is thereby provided with such a motor vehicle, then any entitlement under this Section shall cease immediately upon provision of the motor vehicle.

4.4   Motor vehicles issued to Members through this provision shall be to the notional lease value of $25,000 per annum.

4.5   The notional lease value must include the lease cost, Fringe Benefits Tax (FBT) and all other operating costs based on the relevant figure of nominated kilometres to be travelled annually. The formula to be adopted in valuing the motor vehicle is:

L + R + aD + FBT + I + LCT, where

L = Lease payments
R = Registration costs
a = Running cost per kilometre
D = nominated annual kilometres
FBT = Fringe Benefits Tax
I = Insurance
LCT = Luxury car tax

4.6   FBT is costed at applicable Australian Taxation Office rates. For the year ending 31 March 2013, FBT is costed at purchase price (including GST) x Statutory fraction x Gross up (2.0647) x FBT rate (0.465).

4.7   Members representing the South West, Agricultural and Mining and Pastoral Regions or any District contained therein can apply to the Tribunal for the issue of a four wheel drive vehicle in lieu of the entitlement mentioned in paragraph 4.4 of this Section, provided that the vehicle will be used predominantly in the Region or District to which the Member has been elected. Four wheel drive vehicles shall be of a standard, the cost of which does not exceed the Toyota Prado GXL Automatic 3.0 litre Turbo Diesel.

4.8   Members representing the South West, Agricultural or Mining and Pastoral Regions and any District contained therein are entitled to have "Roo" bars and/or electronic animal deterrent devices, radiator insect screens, window tinting and driving lights or any other equipment which will contribute to the Member’s safety fitted to the supplied vehicle at no additional cost to them.

4.9   Where a Member requires, for operational or personal reasons, a model of vehicle, the notional lease cost of which exceeds the notional lease value specified in paragraph 4.4 or the notional lease value of the benchmark vehicle specified in paragraph 4.7 of this Section as the case may be, all additional costs (including Goods and Services Tax, Fringe Benefits Tax and insurance), shall, subject to there being sufficient funds, be met from the Member’s Base Electorate Allowance under Section 2 of this Part or the Charter Transport Allowance under Section 2 of Part 4. In that event, the relevant allowance shall immediately be reduced proportionately.

4.10   The method of determining whether an additional contribution must be made by the Member, shall be based on the notional lease cost to Government of the vehicle sought (using the formula detailed at 4.5 above), compared with the relevant notional lease value determined in this section. The cost at the time of entering into the lease is applicable.

4.11   Where, through necessity, use of the vehicle involves travel into the Northern Territory or South Australia, Tribunal approval is required prior to such usage.

4.12   An individual accessing a vehicle under this Part shall take due care of the condition and security of the vehicle. The agency administering motor vehicle entitlements under this Part shall ensure that members receiving those entitlements are aware of their obligations with respect to routine and periodic maintenance of motor vehicles consistent with the “WA Government Fleet Policy and Guidelines”.

PART 4: TRAVELLING ALLOWANCE

SECTION 1: CHARTER TRANSPORT ALLOWANCE

1.1   "Charter transport" includes charter aircraft, drive yourself vehicles, hire of driver, hire of taxis, and such other modes of transport as may be approved as appropriate in the circumstances by the Tribunal. In the case of taxi hire whilst in Perth or the electorate on parliamentary and/or electorate business, this provision is made available to ensure the Member has transport whilst the motor vehicle provided under Section 4 of Part 3 is in a different location i.e., the electorate or Perth.

1.2   Members representing the under mentioned electorates shall, except where scheduled airlines are operating at reasonably convenient times, be entitled at Government cost to use charter transport within or for the service of their electorates (within Western Australia) and to undertake parliamentary duties, but such cost shall not exceed the amounts specified hereunder for each financial year, less any expenditure incurred at the request of the Member in seeking a variation to the standard applied in Section 4 of Part 3.

Table 2: Charter Transport Allowance

ELECTORAL REGION ELECTORAL DISTRICT CHARTER TRANSPORT ALLOWANCE
(Per Financial Year)
Mining and Pastoral Region   $48,300
  Eyre, Kalgoorlie, Kimberley, North West Central and Pilbara $48,300
Agricultural Region   $32,750
  Central Wheatbelt, Moore and Wagin $26,850
  Geraldton $11,450
South West Region   $26,850
Albany and Warren-Blackwood $11,450

1.3   The Charter Transport Allowance shall not be applied to any travel outside the relevant financial year for which the allowance is granted.

1.4   Where a Member uses air charter services to travel between two or more locations serviced by commercial air services (regular public transport) and there is no direct commercial air service between those locations, the amount deducted from the Member’s charter transport allowance shall be the difference between the cost of air charter via the direct route between the two or more 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 route between the same locations. The balance of the cost of the air charter shall be paid from the consolidated fund.

1.5   Where through necessity a charter itinerary involves travel into the Northern Territory or South Australia, Tribunal approval is required prior to the payment being accepted as a debit to this provision.

1.6   Charges shall only be levied against this Section if the Member undertakes the travel claimed.

1.7   Claims for reimbursement or accounts received in respect of travel undertaken using this provision must be submitted within 90 days from the date that the travel is undertaken. In the case of demonstrated exceptional circumstances, the administering authority for such claims may approve an extension of time to submit a claim. Any application made to the administering authority seeking an extension of time to submit a claim under this Part, should be in writing and explain the exceptional circumstances leading to the need for extra time to submit a claim. Exceptional circumstances for which an extension will be approved, will only be where the Member has demonstrated that the delay has been as a result of the receipt of invoices being delayed for reasons outside the Member’s control (e.g. invoices having been misdirected in the mail), or in circumstances where ill health or bereavement have prevented a claim being made on time. Where delays in submitting a claim have been due to administrative oversight or negligence, the Tribunal does not regard these as circumstances appropriate to grant an extension of time to submit a claim. Where a claim is made after 90 days and no extension has been granted, payment against the claim will not be made.

SECTION 2: TAXI FARE ALLOWANCE

2.1   For the purpose of attending a sitting of a house or committee of Parliament or a party meeting, a Member, not representing a metropolitan electorate, shall be entitled to claim reimbursement of taxi fares necessarily incurred when travelling between the Parliament and any transport terminal or overnight accommodation in the metropolitan area.

2.2   A Member shall be entitled to claim reimbursement of taxi fares incurred when travelling between the Parliament and any overnight accommodation after a sitting of the house or committee of Parliament which extends beyond 10.00 pm.

2.3   Where a Member has claimed an entitlement under sub section (2.2) above, the Member may also claim reimbursement of taxi fares for the return trip to the Parliament the next day.

PART 5: ACCOMMODATION ALLOWANCES

SECTION 1: GENERAL

1.1   For the purposes of this Part the allowances are only claimable where overnight accommodation is involved on official Government, parliamentary and/or electorate business.

1.2   Claims made must be accompanied by certification that the expense was incurred in accordance with the relevant section of this Part and this shall be sufficient evidence to establish a valid claim. The member must retain sufficient evidence to support the facts of the certification should an audit of payments be conducted.

1.3   In the case of commercial accommodation, a tax invoice, or where a tax invoice is not available, a statutory declaration must accompany claims.

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

1.5   Where a Member is elected and takes office within the financial year, the allowances contained under sections 5 and 6 of this part shall be calculated on a pro rata basis.

1.6   Where a section in this Part refers to an accommodation allowance, the relevant total daily allowance is determined to be the relevant Australian Taxation Office reasonable benefit limit applicable at the date of travel. The Australian Taxation Office reasonable benefit limit 2013/14 rates can be found in Taxation Determination TD 2013/16. For the purpose of calculating the appropriate salary limits in the Taxation Determination, the salary of a Member of Parliament shall be comprised of the base remuneration and any additional remuneration set out in Part 2 Sections 1 and 2 of this determination together with the base electorate allowance set out in Part 3 Section 2 of this determination. Where travel involves part of a day, the allowance payable will be calculated in accordance with the following formulae:

1.6.1 If departure from any place of residence is.

before 8.00am - 100 per cent of the daily rate.
8.00am or later but prior to 1.00pm - 90 per cent of the daily rate.
1.00pm or later but prior to 6.00pm - 75 per cent of the daily rate.
6.00pm or later - 50 per cent of the daily rate.

1.6.2 If arrival back at any place of residence is:

8.00am or later but prior to 1.00pm - 10 per cent of the daily rate.
1.00pm or later but prior to 6.00pm - 25 per cent of the daily rate.
6.00pm or later but prior to 11.00pm - 50 per cent of the daily rate.
11.00pm or later - 100 per cent of the daily rate.

1.7   Claims made in respect of non-commercial accommodation shall be paid at 40 per cent of the applicable daily rate or pro-rata daily rate specified in paragraphs 1.6, 1.6.1 and 1.6.2 in this Part.

1.8   Claims made under paragraph 1.6 of this Section in respect of the entitlement granted in Section 6 of this Part form part of the annual entitlement.

1.9   A claim for Accommodation Allowances under this Part must be submitted within 90 days from the date the travel is completed. In the case of demonstrated exceptional circumstances, the administering authority may approve an extension of time to submit a claim. Any application made to the administering authority seeking an extension of time to submit a claim under this Part, should be in writing and explain the exceptional circumstances leading to the need for extra time to submit a claim. Exceptional circumstances for which an extension will be approved, will only be where the Member has demonstrated that the delay has been as a result of the claim submission being delayed for reasons outside the Member’s control (e.g. the claim submission having been misdirected in the mail), or in circumstances where ill health or bereavement has prevented a claim being made on time. Where delays in submitting a claim have been due to administrative oversight or negligence, the Tribunal does not regard these as circumstances appropriate to grant an extension of time to submit a claim. Where a claim is made after 90 days and no extension has been granted, payment against the claim will not be made.

1.10   For the purposes of guidance in the use of entitlements under this Part, the Tribunal would envisage the maintenance of a residence to involve an arrangement under which a legal right to ongoing occupancy by the Member exists, founded on ownership of the relevant property by that Member (or his or her partner) or a formal tenant’s rental or leasing agreement entered into by that Member. Entitlements for maintenance of residences under this Part shall be paid upon appropriate documentary evidence being provided to demonstrate maintenance of a residence and certifying the number of nights for which the residence was maintained.

1.11   The reimbursement provided by this Part of the determination shall be reduced to the extent that the expenses of Members are entitled to be reimbursed or paid from any other source, including any provision or arrangement of the Parliament or Executive Government.

SECTION 2: EXPENSES OF OFFICE HOLDERS ON OFFICIAL GOVERNMENT BUSINESS

2.1   The actual costs of accommodation incurred by the holders of offices mentioned in this Section should be debited to the Corporate Credit Card provided to the particular office holder. The rates contained in paragraph 1.6 of this Part are deemed to be indicative of the reasonable accommodation costs. Where the costs reasonably and properly incurred exceed the indicative rates and have been debited to an official Corporate Credit Card, the actual costs shall be met.

2.2   The Accommodation Allowances payable under this section apply to a Member of Parliament holding an office mentioned in this section when travelling within Australia on official duty as the holder of that position, for expenses actually incurred on overnight accommodation at a place situated outside a radius of 50 kilometres of the Perth GPO.

2.3   The following office holders are entitled to claim an allowance under this section:

2.3.1   the Premier;

2.3.2   a Minister of the Crown;

2.3.3   the Parliamentary Secretary of the Cabinet and Parliamentary Secretaries appointed under Section 44A(1) of the Constitution Acts Amendment Act 1899;

2.3.4   the Deputy Premier; and

2.3.5   the Leader of the Opposition in the Legislative Council, the Leader of the Opposition in the Legislative Assembly and the Leader of a recognised non-Government party (as defined in Section 2 of Part 2).

2.4   A Member is entitled to claim an allowance under this section who, for the time being, is appointed to act in lieu of the permanent occupant in any of the positions referred to in paragraph 2.3 of this Section. For the time he or she is acting in that position, the Member’s Accommodation Allowance shall be the same rate, and on the same basis, prescribed for the permanent office holder

2.5   A Member is entitled to claim an allowance under this section when deputising for the Premier, the Leader of the Opposition in the Legislative Assembly, or the Leader of a recognised non-Government party (as defined in Section 2 of Part 2) who at the written request of the relevant office holder, deputises for the Premier or the Leader at a function, and who actually incurs expense on overnight accommodation, at a place situated outside a radius of 50 kilometres from any place of residence of that Member. For the time he or she is deputising in that position, the Member’s Accommodation Allowance shall be the same rate, and on the same basis, prescribed for the permanent office holder.

SECTION 3: EXPENSES OF MEMBERS ON PARLIAMENTARY COMMITTEE BUSINESS

3.1   The indicative Accommodation Allowance for a Member in securing overnight accommodation when travelling on duty within Australia as an official representative of a parliamentary committee or delegation including a member of a Committee of a House or a Joint Committee of both Houses, shall be the same, and on the same basis, as the rate set under Section 1.6. Where the costs reasonably and properly incurred exceed the rates contained in Section 1.6, the actual costs shall be met.

SECTION 4: EXPENSES OF MEMBERS ON PARLIAMENTARY OR PARLIAMENTARY POLITICAL PARTY BUSINESS

4.1   In order to provide all Members with the ability to travel to a place within Western Australia for parliamentary purposes or to attend a parliamentary party meeting, Members shall be entitled to claim reimbursement of accommodation (inclusive of meals and incidentals) expenditure to a maximum of 8 nights per financial year. The rates contained in paragraph 1.6 of this Part should be deemed to be indicative of the maximum reasonable costs that can be claimed. Where the costs reasonably and properly incurred exceed the indicative rates, the actual costs shall be met.

4.2   This provision does not impact on or replace any allowance provided by the Tribunal under Part 9 of this determination or determined by the Treasurer under Section 11A of the Salaries and Allowances Act 1975.

4.3   For the purposes of guidance in the use of this entitlement it is pointed out that:

4.3.1   If the purpose of the travel were that of promoting lay party political business (for example, campaigning or fundraising activity or pursuing the development of local branches of the party) its use would not generally be considered appropriate. It is recognised however that separation of roles is not always clear-cut, as lay party political business may often involve policy formulation activity, which then translates into or informs the Member’s stance on matters raised in Parliament.

4.3.2   Ultimately therefore, the matter of claiming the entitlement (where a meeting of parliamentary party colleagues is not involved) is one for judgement by the Member, who should be satisfied and able to demonstrate that the activity has direct relevance to the performance of his or her functions in the Parliament.

4.4   A claim shall not be made under this Section for a purpose covered by Section 5 of this Part.

SECTION 5: METROPOLITAN EXPENSES OF MEMBERS REPRESENTING REGIONS OR DISTRICTS THEREIN

5.1   In consideration of metropolitan accommodation and related expenses associated with:

5.1.1   sittings of that Member’s House of Parliament;

5.1.2   meetings of parliamentary committees of which that Member is a member;

5.1.3   attendance at official Government, parliamentary or Vice Regal functions; and

5.1.4   any other official duties pertaining to parliamentary or electorate matters;

there shall be payable to a Member who maintains a place of residence in or adjacent to and represents the Mining and Pastoral, Agricultural or South West Region, or any District contained within those Regions, an amount of $273 per night for up to 120 nights per financial year.

5.2   If at any time or times during a year a place of residence in or adjacent to the relevant aforementioned Region or District is not maintained then no entitlement applies under this Section during that time or times.

5.3   Where a Member referred to in paragraph 5.1 of this Section also maintains for the purpose of the Member’s parliamentary role a place of residence in the Metropolitan Regions, the allowance shall be paid on the same basis as though that Member resided solely in or adjacent to the District or Region to which he or she has been elected. In this circumstance the allowance is granted to cover costs associated with maintaining residences in both areas.

5.4   Where a Member referred to in paragraph 5.1 of this Section above has a residence or residences solely in the Metropolitan Regions that Member shall not be entitled to receive the Accommodation Allowance contained in this Section.

SECTION 6: MEMBERS’ EXPENSES WITHIN THE ELECTORATE

6.1   In addition to that applying in Section 5 of this Part, Members representing the District or Regions listed in paragraph 6.3 of this Section may, claim accommodation and associated expenses in accordance with paragraph 1.6 of this Part for each overnight stay at a place in or adjacent to their electorate, but not within a radius of 50 kilometres of any residence of the Member.

6.2   For the purpose of guidance in administering this entitlement, a location may or may not be considered adjacent to an electorate depending on a range of factors including the proximity of suitable accommodation, the distance to be travelled to a Member’s residence and the distance to be travelled to reach a commercial transport departure point where a Member is utilising commercial transport in the course of their parliamentary or electorate duties.

6.3   The maximum number of nights claimable per financial year shall be:

Blackwood-Stirling, Central Wheatbelt, Collie-Preston, Moore, Murray-Wellington, Wagin and Vasse 60 nights
Eyre, Kalgoorlie, Kimberley, North West and Pilbara 80 nights
Regions - Mining and Pastoral, Agricultural and South West 100 nights

PART 6: TELEPHONE AND POSTAL SERVICE ALLOWANCES

SECTION 1: TELEPHONE ALLOWANCES FOR ELECTORATE OFFICES

1.1   Every Member of Parliament provided with an electorate office shall receive as an allowance, payment of the rental and all charges for calls incurred by that Member in respect of up to five approved telephone lines in that Member's electorate office.

1.2   The use of electorate office telephones by persons other than Members of Parliament and staff, unless for parliamentary and electorate purposes, is not supported by this determination.

1.3   In this Section, "calls" include all charges (other than international calls) as usually included on normal accounts rendered to subscribers.

SECTION 2: PARLIAMENT HOUSE

2.1   In so far as a Member of Parliament pays or is charged for any telephone calls and/or the use of tele- or video conferencing facilities made by the Member from Parliament House, that Member shall receive, as an allowance or emolument, payment of all such charges.

SECTION 3: TELECONFERENCING

3.1   Where a Member uses audio or video conferencing and seeks to obtain reimbursement, the Member is to certify the topic of the conference and its relevance to the role of the Member as a Member of the Western Australian Parliament.

SECTION 4: POSTAL SERVICE ALLOWANCES FOR CERTAIN OFFICE HOLDERS

4.1   The holders of the following offices, in addition to the allowance granted as a Member, shall receive an annual allowance, payable monthly, in consideration of the need to purchase postal services for the office held. The allowance is not to be used for electorate, party or personal business.

OFFICE HOLDER RATE PER ANNUM
Leader of the Opposition in the Legislative Assembly $12,100
Leader of the Opposition in the Legislative Council $9,100
Leader of a recognised non-Government party (as defined in Section 2 of Part 2) $9,100
Deputy Leader of the Opposition in the Legislative Assembly $6,050

4.2   The Tribunal in determining the relevant amounts has not taken into account the cost of activities such as campaigning, electioneering or political party promotion.

4.3   The allowances provided to office holders in this Part shall be adjusted proportionately in accordance with any percentage variation in the basic minimum first class letter rate as fixed by Australia Post. The said increase is to operate from the date on which such increased postal rates commence.

PART 7: REGIONAL SITTINGS OF THE PARLIAMENT

SECTION 1: GENERAL

1.1   Claims for reimbursement under this Part shall be subject generally to the conditions set out in Section 1 of Part 5.

1.2   For the purposes of this Part the rates contained in Section 1.6 of Part 5 should be deemed to be indicative of the reasonable accommodation costs that can be claimed. Where the costs reasonably and properly exceed the indicative rates, the actual costs shall be met.

SECTION 2: SITTINGS OF THE PARLIAMENT OTHER THAN IN PERTH

2.1   Subject to paragraph 2.2 of this Section, where a sitting of either House of the Parliament is held at a location other than Parliament House in Perth, Members are entitled to reimbursement of all costs or expenses incurred for the purposes of:

2.1.1   Travel to and from the location of the sitting. Use of charter aircraft (other than through the Government’s air charter arrangements) is not permitted unless the location of the sitting is not serviced by regular air services.

2.1.2   Travel, accommodation and meals at the location of the sitting for the following periods:

  1. the duration of the sitting;
  2. up to two nights prior to the commencement of the sitting; and
  3. up to two nights after the sitting ceases.

2.2   The reimbursement provided by this determination shall be reduced to the extent that the expenses of Members are entitled to be reimbursed or paid from any other source, including any provision or arrangement of the Parliament or Executive Government, or any determination dealing with fares made by the Treasurer under Section 11A of the Salaries and Allowances Act 1975.

PART 8: RESETTLEMENT ENTITLEMENT

SECTION 1: GENERAL

1.1   A Member of Parliament is entitled to receive a Resettlement Entitlement as a lump sum payment under the provision of Sections 1.3 or 1.4 of this Part when a Member ceases to be a Member of either House of the Parliament.

1.2   This allowance is to facilitate a Member’s transition from public office to private life. This allowance will assist the Member to access resettlement advice and services including, financial counselling, re-employment counselling, out-placement services, educational or training costs and any other costs a Member deems necessary. The Resettlement Entitlement is not intended to apply at the time a Member resigns in order to nominate for a position in another House of the Parliament and is subsequently appointed as a Member of the other House.

1.3   Where a Member ceases to be a Member of the Parliament after serving two terms or less of either House of the Parliament, from the date the Member first took office, the Member shall be entitled to receive the Resettlement Entitlement calculated at the rate of three monthly pay periods of base salary applicable under Part 2 Section 1 of this determination as at the time of ceasing to be a Member.

1.4   Where a Member ceases to be a Member of the Parliament after serving more than two terms but not more than three terms of either House of the Parliament, from the date the Member first took office, the Member shall be entitled to receive the Resettlement Entitlement calculated at the rate equivalent to two monthly pay periods of base salary applicable under Part 2 Section 1 of this determination as at the time of ceasing to be a Member.

1.5   Notwithstanding the provisions of Sections 1.3 and 1.4 of this Part, a Member shall not be eligible to receive more than one Resettlement Entitlement.

1.6   The Resettlement Entitlement shall not apply to a Member who resigns for the purpose of nominating as a candidate for either the Legislative Assembly or Legislative Council or another House of Parliament and is subsequently elected or appointed a Member of either the Legislative Assembly or Legislative Council or another House of Parliament.

1.7   A person shall not be entitled to a Resettlement Entitlement under this Part if he or she is disqualified for membership of the Legislature under Section 32(1)(b) of the Constitution Acts Amendment Act 1899.

PART 9 PARLIAMENTARY TRAVEL

This Part deals with travelling and accommodation allowances and related expenses additional to those set out in Part 4 and Part 5 of this determination. In particular it deals with expenses which are to be reimbursed to Members of Parliament for –

  1. travel, accommodation and incidental expenses incurred within Australia and/or overseas while on parliamentary business; and
  2. attendance at conferences which inform and assist a Member of Parliament in the performance of their parliamentary business.

SECTION 1: GENERAL

1.1   In this section –

term of the Parliament means –

a term of the Parliament of Western Australia which,

  1. for a Member of the Legislative Assembly is deemed to have commenced the day after the poll for a general election and to have finished on the day of the poll in the year in which the seats in the Legislative Assembly would ordinarily be vacated by the effluxion of time;
  2. for a Member of the Legislative Council is deemed to have commenced on 22 May in the year of a general election or conjoint election and finished on 21 May in the year in which the seats in the Legislative Council would ordinarily be vacated by the effluxion of time.

conferences means –

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

parliamentary business means –

  1. representing the interests of electors and residents of the electoral region or district to which a Member has been elected;
  2. participating in the decision-making processes of the Parliament; and
  3. the actions taken by a Member to inform themselves and develop policy, whether on an individual basis, a political party basis or otherwise, in relation to matters which are relevant to (a) and (b) of this subsection.

1.2   In addition to any allowances or expense which may be paid or reimbursed under Part 4 and Part 5 of this determination, a Member of Parliament who incurs an expense of the following type while on parliamentary business is entitled to be reimbursed to the extent determined in Section 2.1 to 2.5 of this Part –

1.2.1   travel fares;

1.2.2   overnight accommodation expenses;

1.2.3   conference attendance fees; and

1.2.4   meals and other expenses incidental to travel and attendance at conferences.

1.3   The types of expenses specified in Section 1.2 of this Part are to be utilised by a Member in person except in special circumstances where a Member may need physical and/or medical assistance requiring the Member to be accompanied by another person.

1.4   A Member is not entitled to claim reimbursement of expenses under this Part which have been paid or reimbursed by any other party or parties.

1.5   The entitlement shall not apply for the period between the issue of the writ for a general election or writs for a conjoint election pursuant to the Electoral Act 1907 and the day fixed by the writ or writs for the taking of the poll, except in circumstances where –

1.5.1   a Member has incurred eligible travel and accommodation expenses and commenced the relevant travel prior to the issue of the writ or writs; or

1.5.2   a Member has incurred expenses for a conference or short-course and the relevant conference or short-course has commenced.

1.6   The entitlement shall not apply to a Member of the Legislative Council who has failed to be elected at a general election or a by-election and who in the same year as the aforementioned election is to vacate their seat in the Legislative Council by the effluxion of time or as a consequence of having resigned from their appointment as a Member.

1.7   An application for reimbursement of expenses specified in this Part shall be in writing and clearly demonstrate that the expenses have been incurred for the purposes specified in this Part.

1.8   The daily amount referred to in Section 2.4 of this Part which a Member can be reimbursed for accommodation expenses, meals and incidentals for purposes specified in this Part, may be paid as an advance where a valid application has been made.

SECTION 2: EXTENT OF REIMBURSEMENT

2.1   The total extent to which a Member of Parliament can be reimbursed for expenses specified in this Part is $27,000 over the relevant term of the Parliament.

2.3   The amount of a person’s entitlement to reimbursement of expenses specified in this Part shall be apportioned on a pro rata basis according to the portion of the relevant term of the Parliament that the person holds office as a Member of Parliament.

2.4   The daily amount which a Member of Parliament can be reimbursed for accommodation expenses, meals and incidentals for purposes specified in this Part shall be –

2.4.1   the relevant Australian Taxation Office reasonable benefit limits for accommodation, meals and incidentals set out in Taxation Determination TD 2013/16 where the Member utilises commercial accommodation located in Australia; and

2.4.2   up to $400 per day for accommodation plus the relevant Australian Taxation Office reasonable benefit limit for meals and incidentals set out in Taxation Determination TD 2013/16 where a Member utilises commercial accommodation located outside Australia.

2.5   The daily amount which a Member can be reimbursed in respect of non-commercial accommodation utilised in Australia or outside Australia shall be 40 per cent of the amounts specified in subsections 2.4.1 and 2.4.2 of this Section.

SECTION 3: TRANSITIONAL PROVISIONS

3.1   The extent to which a Member of Parliament can be reimbursed under section 2 of this Part is to be reduced to the extent that Member of Parliament has already claimed reimbursement in the same term of Parliament for expenses eligible under the Imprest Travel Allowance determined pursuant to section 11A of the SAA Act.

Signed this 9th day of August 2013

W S Coleman AM C A Broadbent B J Moore
CHAIRMAN MEMBER MEMBER

 

SALARIES AND ALLOWANCES TRIBUNAL

1 Sir Ian Kennedy, Chair, IPSA, Opening Remarks on Trust and Remuneration in Westminster, 5 July 2013 p.3

2 Western Australian Electoral Commission Electoral Enrolment Statistics 30 June 2013. https://www.elections.wa.gov.au/sites/default/files/content/documents/Enrolment_stats_30Jun2013.pdf

Acknowledgement of Country

The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.