Version No. 005
Parliamentary Allowances Regulations 2003
S.R. No. 12/2003
Version incorporating amendments as at 13 May 2008
table of provisions
RegulationPage
1
RegulationPage
1Objective
2Authorising provision
3Commencement
4Revocation
5Definitions
6Residential allowance—second residence in Melbourne
7Travelling allowances—general conditions of eligibility to
apply to regulations 8 to 12
8Travelling allowance for an overnight stay in Melbourne
9Travelling allowance for an overnight stay outside Melbourne
10Revoked
11Travelling allowance for 6 hour attendance outside Melbourne
12Travelling allowance for spouse
13Travelling allowance—taxi from Parliament to home base
14Travelling allowance for an overnight stay within a Member's electorate
15Electorate allowance
15ASingle indexed electorate allowance
16Allowance for use of transport for the service of an electorate
17Additional electorate allowance
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SCHEDULES
SCHEDULE 1—Electorates of Less than 500 Square Kilometres
SCHEDULE 2—Electorates of 500 Square Kilometres or More but
Less than 5000 Square Kilometres
SCHEDULE 3—Electorates of 5000 Square Kilometres or More but
Less than 10000 Square Kilometres
SCHEDULE 4—Electorates of 10000 Square Kilometres or More
but Less than 20000 Square Kilometres
SCHEDULE 5—Electorates of 20000 Square Kilometres or More
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 005
Parliamentary Allowances Regulations 2003
S.R. No. 12/2003
Version incorporating amendments as at 13 May 2008
1
S.R. No. 12/2003
Parliamentary Allowances Regulations 2003
1Objective
The objective of these Regulations is to provide for residential, travelling and electorate allowances payable to members of Parliament.
2Authorising provision
These Regulations are made under section 8 of the Parliamentary Salaries and Superannuation Act 1968.
3Commencement
These Regulations come into operation on 1February 2003.
4Revocation
The Parliamentary Allowances Regulations 1992[1] are revoked.
5Definitions
In these Regulations—
capital citymeans Canberra, Sydney, Brisbane, Darwin, Perth, Adelaide and Hobart;
home base means the principal place of residence of a member;
Melbourne means the area lying within a radius of 28 kilometres from the Melbourne Post Office;
Melbourne housing group index number means the Melbourne housing group index for Melbourne contained in the Consumer Price Index published by the Australian Bureau of Statistics and based on the 1989–90 reference base;
Reg. 5 def. of Melbourne Post Office amendedby S.R. No. 24/2005 reg.4(a).
Melbourne Post Office means the former post office at, or near to, the corner of Bourke and Elizabeth Streets, Melbourne;
member means member of the Parliament of Victoria;
office-holder means the President, Speaker, Chairman of Committees in the Legislative Council, Chairman of Committees in the Legislative Assembly, Parliamentary Secretary of the Cabinet, Leader and Deputy Leader of the Opposition, Leader of the Opposition in the Legislative Council and Leader of the Third Party;
r. 5
official government function means a State Reception attended by formal invitation issued by the Protocol and Special Events Branch of the Department of the Premier and Cabinet;
Parliamentary function means a function attended by formal invitation issued by the President or Speaker, or jointly by the President and Speaker, and paid for from funds appropriated by the Parliament;
vice-regal function means a function attended by formal invitation of the Governor of Victoria;
Rate A means the daily rate of $168.60;
Rate B means the daily rate of $107.25;
Reg. 5 def. of Rate C revokedby S.R. No. 24/2005 reg.4(b).
*****
second residence means a house or flat wholly maintained by the Premier, Deputy Premier, a Minister of the Crown, an office-holder or a member for a period not less than the sum of the number of sitting days of his or her House of Parliament in a calendar year, and in respect of which an allowance is paid under regulation 6.
6Residential allowance—second residence in Melbourne
r. 6
(1)A member is entitled to a residential allowance if a second residence is maintained by the member in Melbourne and—
(a)the member's home base is outside a radius of 80 kilometres from the Melbourne Post Office; or
(b)the member's home base is outside a radius of 28 kilometres and within a radius of 80kilometres from the Melbourne Post Office and the member satisfies the Clerk of his or her House that the shortest route by road between the member's home base and the Melbourne Post Office exceeds 80kilometres.
(2)The residential allowance is to be—
(a)at the rate of $25537 per annum for the Premier; or
(b)at the rate of $22344 per annum for the Deputy Premier; or
(c)at the rate of $19151 per annum for a Minister of the Crown or an office-holder; or
(d)at the rate of $12768 per annum for a member not referred to in paragraph (a), (b) or (c).
(3)The level of the residential allowance is to be varied in accordance with the formula R A/B but can only be varied—
(a)in the first year beginning 1 July following the end of the designated quarter; and
(b)in each subsequent year beginning 1 July.
(4)In this regulation—
quarter refers to that 3 month period of a year as designated by the Australian Bureau of Statistics and used for the purpose of publishing statistical information;
designated quarter means the quarter at the end of which the Melbourne housing group index number is equal to or exceeds 130.04;
R means the relevant prescribed residential allowance specified in subregulation (2);
A is the Melbourne housing group index number for the quarter ending on the preceding 30June;
B is 130.04.
7Travelling allowances—general conditions of eligibility to apply to regulations 8 to 12
r. 7
(1)A member is entitled to the travelling allowances set out in regulations 8 to 12 for attendances occasioned by sittings of the member's House of Parliament or official government, Parliamentary or vice-regal functions.
(2)In addition to any entitlement under subregulation (1), a member who is the Premier, Deputy Premier, Minister of the Crown, office-holder, Deputy Leader of the Third Party or Leader of the Third Party in the Legislative Council is entitled to the allowances under regulations 8, 9, 11 and12 for official business resulting from the office held.
8Travelling allowance for an overnight stay in Melbourne
Reg. 8(1) amendedby S.R. No. 24/2005 reg.5(1).
(1)Subject to regulation 7, a member whose home base is outside Melbourne is entitled to a travelling allowance for accommodation expenses for an overnight stay in Melbourne if the member does not receive a residential allowance under regulation 6.
Reg. 8(2) substitutedby S.R. No. 24/2005 reg.5(2).
(2)An allowance under subregulation (1) is equal to the value of the accommodation expenses actually incurred by the member not exceeding the amount of the allowance payable to a member of the Parliamentof the Commonwealth for an overnight stay in Canberra that is determined from time to time by the Remuneration Tribunal under section7(1) of the Remuneration Tribunal Act 1973 of the Commonwealth.
9Travelling allowance for an overnight stay outside Melbourne
r. 8
(1)Subject to regulation 7, a member is entitled to a travelling allowance for each overnight stay within Australia other than in Melbourne.
(2)The level of the travelling allowance referred to in subregulation (1) for each overnight stay varies according to the location of the stay and the office held by the member as shown in Table B.
Table B—Travelling allowance for an overnight stay outside Melbourne
Office / Location of Stay / Level of AllowancePremier / CapitalCity / 175 × Rate A
Deputy Premier, Minister /
CapitalCity /
15 × Rate A
Office-holder / CapitalCity / 15 × Rate A
Member / CapitalCity / Rate A
Premier / Outside Melbourne but not a CapitalCity /
175 × Rate B
Deputy Premier, Minister / Outside Melbourne but not a CapitalCity /
15 × Rate B
Office-holder / Outside Melbourne but not a CapitalCity /
15 × Rate B
Member / Outside Melbourne but not a CapitalCity /
Rate B
Reg. 10 revokedby S.R. No. 24/2005 reg.6.
*****
11Travelling allowance for 6 hour attendance outside Melbourne
r. 11
(1)Subject to regulation 7, a member is entitled to a daily travelling allowance for attendance outside Melbourne at the rate set out in Table C if—
(a)the member's home base or second residence is in Melbourne; and
(b)the member's absence for the purpose of the attendance—
(i)has a duration of 6 hours or more but does not occasion an overnight stay; or
(ii)does not involve a second or subsequent overnight stay, but exceeds by 6 hours a period of 24 hours.
(2)The payment of the travelling allowance under this regulation is in addition to any travelling allowance under regulation 9 for any 6 hour period in excess of the 24 hour period in which the overnight stay occurred.
(3)The level of the allowance varies according to the location of attendance and is set out in Table C.
Table C—Travelling allowance for 6 hour attendance outside Melbourne
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Office /Location of Stay / Level of Allowance
Premier / CapitalCity / One third of Rate A
Deputy Premier, Minister / CapitalCity / One third of Rate A
Office-holder / CapitalCity / One third of Rate A
Member / CapitalCity / One third of Rate A
Premier / Outside Melbourne but not a CapitalCity / One third of Rate B
Deputy Premier, Minister / Outside Melbourne but not a CapitalCity / One third of Rate B
Office-holder / Outside Melbourne but not a CapitalCity / One third of Rate B
Member / Outside Melbourne but not a CapitalCity / One third of Rate B
12Travelling allowance for spouse
r. 12
(1)Subject to regulation 7 and subregulation (3), the Premier, Deputy Premier, Minister of the Crown or an office-holder is entitled to a travelling allowance when, with the approval of the Premier, he or she is accompanied by his or her spouse at government expense and an overnight stay anywhere within Australia is involved.
(2)A travelling allowance under this regulation is equal the value of the added cost of double room over single room accommodation.
(3)There is no entitlement to a travelling allowance under this regulation if the home base of the Premier, Deputy Premier, Minister of the Crown or office-holder is in Melbourne and the official business is performed in Melbourne.
13Travelling allowance—taxi from Parliament to home base
(1)A member whose home base is in Melbourne is entitled to a travelling allowance for travel by taxi from Parliament House to the member's home base when a sitting of the member's House of Parliament has extended beyond 11.00 p.m.
(2)An allowance under this regulation is equal to the value of any expenses actually and reasonably incurred by the member.
14Travelling allowance for an overnight stay within a Member's electorate
Reg. 14(1) amended by S.R. No. 36/2008 reg.3(1)(a).
(1)Subject to subregulation (2), a member is entitled to a travelling allowanceif, for functions or activities which arise as a consequence of the member carrying out the member's parliamentary responsibilities and duties—
(a)the member is required to stay overnight within the member's electorate; and
Reg. 14(1)(b) amended by S.R. No. 36/2008 reg.3(1)(b).
(b)the location of the stay is 80kilometres or more from the member's home base.
(2)A member is only entitled to an allowance under this regulation for not more than 20 overnight stays within each financial year.
Reg. 14(3) inserted by S.R. No. 36/2008 reg.3(2).
(3)A travelling allowance under subregulation (1) is equal to the value of the accommodation expenses actually incurred by the member not exceeding the amount of the allowance payable to a member of the Parliamentof the Commonwealth for an overnight stay in the relevant city that is determined from time to time by the Remuneration Tribunal under section7(1) of the Remuneration Tribunal Act 1973 of the Commonwealth.
Reg. 15 amendedby S.R. No. 24/2005 reg. 7, substituted by S.R. No. 36/2008 reg. 4.
15Electorate allowance
r. 15
(1)Subject to regulation 15A and subregulation (2), a member is entitled to an electorate allowance of whichever is the higher of—
(a)the following rate—
(i)$28906 per annum for an electorate described in Schedule1; or
(ii)$31 610 per annum for an electorate described in Schedule2; or
(iii)$38 730 per annum for an electorate described in Schedule 3, 4 or5; or
(b)in the case of an electorate described in Schedule 1 or Schedule 2, the applicable indexed electorate allowance rate per annum for that electorate.
(2)Subject to regulation 15A, when the indexed electorate allowance rate for an electorate described in Schedule 2 equals or first exceeds $38730 per annum, a member whose electorate is described in Schedule 2 is entitled to an electoral allowance of $38730 per annum.
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(3)The applicable indexed electorate allowance rate is to be calculated in accordance with the following formula—
where—
Ais—
(a)for the financial year commencing 1July 2009—
(i)for an electorate described in Schedule1, $28906;
(ii)for an electorate described in Schedule2, $31610;
(b)for each subsequent financial year, the amount of the applicable indexed electorate allowance rate for the previous financial year;
Bis the consumer price index number for the December quarter, being the December quarter of the previous financial year;
Cis the consumer price index number for the December quarter, being the December quarter of the financial year preceding the previous financial year.
(4)An indexed electorate allowance rate is to be rounded up or down to the nearest $10 (and, if the amount by which the amount is to be rounded is $5, is to be rounded up).
(5)In this regulation and regulation 15A—
Australian Statistician has the same meaning as it has in the Australian Bureau of Statistics Act 1975 of the Commonwealth;
CPI means the All Groups Consumer Price Index number (for Melbourne) published by the Australian Statistician;
indexed electorate allowance rate means the ratecalculated in accordance with subregulation (3).
Reg. 15A inserted by S.R. No. 36/2008 reg.4.
15ASingle indexed electorate allowance
r. 15A
(1)This regulation applies on and from 1 July in the year in which the indexed electorate allowance rate under regulation 15 for an electorate described in Schedule 1 equals or first exceeds $38730 per annum.
(2)Despite regulation 15, irrespective of the Schedule in whicha member's electorate is described, a member is entitled to an electorate allowance per annum at the rate calculated in accordance with subregulation(3).
(3)The electorate allowance rate is to be calculated in accordance with the following formula—
where—
Ais—
(a)for the financial year commencing in the year in which this regulation first applies, $38730;
(b)for each subsequent financial year, the amount of the electorate allowance rate for the previous financial year;
Bis the consumer price index number for the December quarter, being the December quarter of the previous financial year;
Cis the consumer price index number for the December quarter, being the December quarter of the financial year preceding the previous financial year.
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(4)An electorate allowance rate is to be rounded up or down to the nearest $10 (and, if the amount by which the amount is to be rounded is $5, is to be rounded up).
16Allowance for use of transport for the service of an electorate
(1)Subject to subregulation (3), a member for an electorate described in Schedule 4 or 5 is entitled to an allowance for the member's use of transport for the service of the electorate.
(2)An allowance under this regulation is equal to the value of any expenses actually and reasonably incurred for the member's use of transport for the service of the member's electorate as determined by the Presiding Officer of the member's House.
(3)The total of the allowances under this regulation to be paid to a member during a financial year must not exceed—
(a)in relation to a member whose electorate is listed in Schedule 4—$3561 as varied in accordance with subregulation (4);
(b)in relation to a member whose electorate is listed in Schedule 5—$7128 as varied in accordance with subregulation (4).
(4)The maximum amounts set by subregulation (3) vary by the same percentage and from the same date as does the charter aircraft entitlement which is payable under the law of the Commonwealth to members of the House of Representatives who represent the smallest sized electorates.
17Additional electorate allowance
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A member is entitled to an amount equal to 75% of the actual cost incurred for telephone calls or faxes (other than for international calls or faxes) charged to a telephone provided by the member, in the member's private residence, provided that the member is not provided with a telephone extension at government expense from the member's electorate office to the member's residence.
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SCHEDULES
SCHEDULE 1
Sch. 1
Electorates of Less than 500 Square Kilometres
(a)The following Electoral Districts as notified in the Special Government Gazette of 4 October 2001 as required under the Electoral Boundaries Commission Act 1982—
Albert ParkAltona
Ballarat West
Bayswater
Bellarine
Bentleigh
Box Hill
Brighton
Broadmeadows
Brunswick
Bulleen
Bundoora
Burwood
Carrum
Caulfield
Clayton
Cranbourne
Dandenong
Derrimut
Doncaster
Eltham
Essendon
Evelyn
Ferntree Gully
Footscray
Forest Hill
Geelong
Frankston
Hawthorn
Ivanhoe
Keilor / Kew
Kilsyth
Kororoit
Lyndhurst
Malvern
Melbourne
MillPark
Mitcham
Monbulk
Mordialloc
Mornington
MountWaverley
Mulgrave
Narre Warren North
Narre Warren South
Nepean
Niddrie
Northcote
Oakleigh
Pascoe Vale
Prahran
Preston
Richmond
Sandringham
Scoresby
Tarneit
Thomastown
Warrandyte
Williamstown
Yuroke
Sch. 1 para.(b) substitutedby S.R.No. 155/2006 reg.4.
(b)The following electoral regions as notified in the Special Government Gazette (No. 185) of 7October 2005 as required under the Electoral Boundaries Commission Act 1982—
Eastern Metropolitan
Southern Metropolitan
Sch. 1
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SCHEDULE 2
Sch. 2
Electorates of 500 Square Kilometres or More but Less than 5000 Square Kilometres
(a)The following Electoral Districts as notified in the Special Government Gazette of 4 October 2001 as required under the Electoral Boundaries Commission Act 1982—
Ballarat East / MacedonBass / Melton
Bendigo East / Morwell
Bendigo West / Narracan
Gembrook / Shepparton
Hastings / South Barwon
Lara / Yan Yean
Sch. 2 para.(b) substitutedby S.R.No. 155/2006 reg.5.
(b)The following electoral regions as notified in the Special Government Gazette (No. 185) of 7October 2005 as required under the Electoral Boundaries Commission Act 1982—
Northern Metropolitan
South Eastern Metropolitan
Western Metropolitan
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SCHEDULE 3
Sch. 3
Electorates of 5000 Square Kilometres or More but Less than 10000 Square Kilometres
(a)The following Electoral Districts as notified in the Special Government Gazette of 4 October 2001 as required under the Electoral Boundaries Commission Act 1982—
Benambra / RodneyGippsland South / Seymour
MurrayValley / South-WestCoast
Sch. 3 para.(b) revokedby S.R.No. 155/2006 reg.6.
*****
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SCHEDULE 4
Sch. 4
Electorates of 10000 Square Kilometres or More but Less than 20000 Square Kilometres
The following Electoral Districts as notified in the Special Government Gazette of 4 October 2001 as required under the Electoral Boundaries Commission Act 1982—
BenallaPolwarth
Ripon
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SCHEDULE 5
Sch. 5
Electorates of 20000 Square Kilometres or More
(a)The following Electoral Districts as notified in the Special Government Gazette of 4 October 2001 as required under the Electoral Boundaries Commission Act 1982—
Gippsland EastLowan
Mildura
Swan Hill
Sch. 5 para.(b) substitutedby S.R.No. 155/2006 reg.7.
(b)The following electoral regions as notified in the Special Government Gazette (No. 185) of 7October 2005 as required under the Electoral Boundaries Commission Act 1982—
Eastern Victoria
Northern Victoria
Western Victoria
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