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House of Representatives                                Ch 5                                                 p 150

Electorate allowance and other entitlements

The Remuneration Tribunal determines Members’ electorate allowances and certain other entitlements. ¹ The electorate allowance is a special allowance for expenses necessarily incurred by a Member in the performance of parliamentary duties. The rate of electorate allowance is set by the Remuneration Tribunal. Three rates are applicable, depending on the size of a Member’s electorate. A Member’s electorate allowance is not taxed at source; however, amounts not expended for electorate purposes may be assessed as part of a Member’s taxable income.

A travelling allowance is paid to cover expenses incurred in overnight stays away from the electorate on parliamentary business, which includes nights spent in Canberra during the sittings of the House, overnight stays in connection with meetings of parliamentary committees and a limited number of overnight stays within the electorate, the actual entitlement depending on the size of electorate. Travelling allowance is also payable, on a limited basis, for meetings of a Member’s parliamentary party and for meetings of party committees. Members are entitled to a number of other benefits in matters such as travel, telephone and postage services and motor vehicles. Depending on their length of service, Members have also had entitlements to travel at government expense after they cease to be Members of Parliament.

Members are provided with office accommodation in Parliament House and in their electorate and are entitled to employ three full-time staff members, or equivalent part-time staff. One staff member may be located in Canberra. In some of the larger electorates a second office and an additional staff member are provided. Each Member also has a limited budget to employ casual staff. The number and level of Members’ staff, the location and extent of office accommodation outside Parliament House and the nature of office furniture and equipment, including computer services, for these offices are determined by the Minister for Finance and Administration. Electorate staff are employed under the Members of Parliament (Staff) Act 1984 .

Compensation for Members (and their families) in the event of death or injury in connection with official business is by means of ex gratia cover. Payments have paralleled the entitlements Commonwealth employees receive under the Safety, Rehabilitation and Compensation Act 1988 .

For latest details of entitlements and rates of allowances reference should be had to the most recent relevant Remuneration Tribunal determinations (available on the Tribunal website at http://www.dofa.gov.au/remtribunal). For details of certain statutory provisions see Parliamentary Allowances Act 1952 . The High Court has held that the Executive Government does not have the power to increase an allowance beyond that determined by the Remuneration Tribunal pursuant to the Act, Brown v. West (1990) 64 ALJR 204. Following this decision the Parliamentary Entitlements Act 1990 was passed, providing a statutory framework for the provision of benefits. It identified various entitlements and provided that Members, office holders and Ministers were entitled to such additional benefits as may be determined by the Remuneration Tribunal or prescribed by regulations, although this does not extend to benefits in the nature of remuneration (Act No. 28 of 1990, s. 5).