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LEGISLATIVE COUNCIL MEMBERS’ GUIDE

Members' Guide

Last updated: 11 July 2003


“No set of rules can bind effectively those who are not willing to observe their spirit, nor can any law foresee all eventual possibilities, which may arise or be devised by human ingenuity …

Its success depends both first and last on the integrity and good sense of those to whom it applies. Therefore where any doubt exists as to scope, application or meaning of any aspect of this code, the good faith of the Member concerned must be the guiding principle.”

South African Code of Conduct for legislators.

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Table of Contents

Clerk’s Foreword xCHAPTER 1 FRAMEWORK FOR MEMBERS’ ENTITLEMENTS 1

The role of a Member of Parliament 1Legislation and Resolutions 3

Resolution of the Legislative Council 3Legislation 3

The Code of Conduct 4Constitution Act 1902 6The Parliamentary Remuneration Act 1989 6

Annual determinations 6Rulings 7‘Parliamentary duties’ 7Basic salary 8Superannuation 8Entitlements generally 8Term of Office of members 8

The Independent Commission Against Corruption Act 1988 9Standing Committee on Parliamentary Privilege and Ethics

11Parliamentary Ethics Adviser 11Summary 11

For further information… 12CHAPTER 2 OVERARCHING GUIDELINES 13

Introduction 13Entitlements 15

Allowances 15Fixed allocations 15Summary of Guidelines and General Conditions 16Excluding direct electioneering and political campaigning 18Participation in the activities of recognised political parties 18Intermingling of parliamentary duties and private activities 19Resources 20General Conditions 21

CHAPTER 3 SALARIES, ALLOWANCES AND ALLOCATIONS 23Introduction 23Salaries 23

Payment of salary 23Taxation 23

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For further information about the payment of salaries… 24Superannuation 24

Contributions 24Pension Entitlements 24Pension Rates 24Further information… 24

Administrative guidelines for claiming entitlements 25Completing claim forms 25Information in relation to accounts 26

Allowances 28Electoral allowance 28What the electoral allowance can be used for… 28Electoral allowance as an additional salary (income) 29Payment of the electoral allowance 29Sydney allowance 30Determining members’ principal residence 30Advising the Members’ Services section of residence 31Annual v Daily payment of Sydney Allowance 31Daily Allowance 31How to claim the Sydney allowance daily 32Annual rate 33How to claim the Sydney allowance annual 33Sydney allowance in transit stays 34Other Sydney Allowance Information 34Committee allowances 35

Allocations 35Electorate to Sydney allowance 35General Conditions for Electorate to Sydney Travel 35The booking of electorate to Sydney airfares 36How to claim Electorate to Sydney Travel 36Use of Motor Vehicle in lieu of air travel 37Travelling allowance for recognised office holders 37Travelling allowances conditions for recognised office holders 38Guidelines particular to the Leader and Deputy Leader of the Opposition 38For further information… 38

CHAPTER 4 LOGISTIC SUPPORT ALLOCATION (LSA) 39Purpose 39Entitlement 39Types of expenditure 40General provisions /policies 41

Duplication of services 41Members must personally authorise expenditure from their LSA41

General LSA Administration 42Specific provisions 43

Communication non-electronic 43

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Communication Electronic 43Mobile, home phone, fax or data line – general 44Mobile phones 44Home phone 45Fax line 46Data line 46Websites 46Transport 46Travel general 46Air travel 47Air Charter travel 48Travel (Private vehicle) 48Kilometre allowances 48Travel (Rental Vehicle) 49Taxi travel 49Staff travel 50Parking costs 50Printing and Stationery 50Advertising 51Photocopying 51Printing 51

CHAPTER 5 STAFFING MATTERS 52Staffing provisions 52Managing staff 52

Assistance – who to contact 52Employment of staff 53

Recruitment 53Identify a suitable person 53Advertise the vacancy 53Employment options 54Temporary employment 54Appointment on probation 54Full-time or part-time employment 54Recommendation to the President 54

Induction 55Staff management 56

Temporary employees 56Appointment on probation 56Poor performance/unsatisfactory attendance, conduct & services56Training and development 56Leave management and attendance 57

Occupational health and safety 58Employee Assistance Program 58Code of Conduct for staff 59Obligations of staff to members 59Anti Discrimination Act 1977 60

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Staff and members’ entitlements 61For further information 61

CHAPTER 6 EQUIPMENT AND FACILITIES 62Introduction 62Facilities at Parliament House 62

Office 62Telephone/facsimile lines 62Pager 63Television and Video Cassette Recorder 63Loan of other Equipment 63Photocopiers 63Scanner 64Folding machines 64

Equipment 65Facsimile machine 65Computers 65Printer 67Mobile phone 67Scanner 68Desktop photocopier 68Supplementing Equipment 69

Home office 70Location / audit of assets 70

CHAPTER 7 PECUNIARY INTERESTS 71What are pecuniary interests? 71How has the system of registering pecuniary interests developed? 71

14A Disclosure by members of pecuniary interests and other matters72

Constitution (Disclosures by Members) Regulation 198373Register of Disclosures 74How do members register their pecuniary interests? 75For further information… 76

CHAPTER 8 ETHICS 77The Code of Conduct 78

Preamble 78Ethics Adviser 80

For further information… 81CHAPTER 9 ENTITLEMENTS DURING ELECTION PERIODS 82

Introduction 82Background 82

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What happens after the Parliament expires or is dissolved?82

Key Election Events 83Members’ Salaries and Entitlements 83

Term of Service and Salary 83General Conditions on Allowances 84‘Intermingling’ of resources 85The Sydney Allowance 86Committee Allowances 87Electorate to Sydney Allowance 87LSA (Publications) 87Members’ offices, equipment and access to facilities 87General information about payment of entitlements 87

Staff standing for election 88Recommended procedure for staff standing for election 89Federal Elections 89State Elections 89For further information… 90

CHAPTER 10 ICAC AND THE AUDIT OFFICE91

Independent Commission Against Corruption 91What is the ICAC? 91What does the ICAC do? 91What should Members know about the Code of Conduct and the ICAC Act? 92What guides Members access to and use of Parliamentary allowances?

92Information for constituents 93What information should be reported to the ICAC? 93What does the ICAC do with the information? 94Contacting the ICAC 95

The Audit Office of New South Wales 96Members’ Additional Entitlements 96Our Audit of Member’s Additional Entitlements 96What We Do 97Financial audits 98Compliance Audits 98Performance Audits 98Protected Disclosures 98Key Personnel and How to Contact Us 99

CHAPTER 11 THE DEPARTMENT OF THE LEGISLATIVE COUNCIL100

The role of the department 100The structure of the department 101

The President 101The Office of the Clerk 101Procedure Office 102

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Office of the Usher of the Black Rod 102Security 102Members’ Services 102Attendants 103Protocol 103The Administration section 104Committees 105For further information… 105

CHAPTER 12 PARLIAMENT – SERVICES AND RESOURCES106

Chapter Overview 106Intranet and Internet 106

Intranet 106Internet 107

Security 108General 108Entering and exiting Parliament House 108Passes and Badges 108Surveillance 109Emergency Procedures 109First Aid 109

Smoking 110Parliament House facilities 110

Parking 110Members' spouses/partners and parking 111Update Memos re. parking 111Mail Service 111Incoming mail 112Outgoing mail 112

Exhibitions 113What is the Fountain Court? 113Who can use the Fountain Court? 113How to book the Fountain Court? 114Where to submit the application: 114

Party Meeting Rooms 115General Meeting Facilities 115

Who may book facilities? 115What may be booked? 116When are the facilities available? 116Procedure for Bookings 116Additional costs for after-hours bookings 117Further Information 117Recreational facilities 118Dress Code 118Staff Access 118Loss of property 119

Member Courtesies 119

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Sydney Cricket Ground 119Australian Jockey Club 119Harness Racing Club 120Sydney Turf Club 120“The Honourable” title 120Members’ Badges 121Red with Gold badge 121Gold lapel pins 121Travel on state – rail, bus and ferries 122Travel on the Airport Rail Service 122Replacement of lost or damaged cards 122Qantas Chairman’s Lounge 122Commonwealth Parliamentary Association 122Australasian Study of Parliament Group (ASPG) 123

Insurance 125Liability Insurance 125Personal Accident Insurance 125Property and Contents Insurance 125Air Travel within Australia 125Overseas Travel insurance 126Workers Compensation Insurance 126

Guidelines for Visitors and Media 127Visitors to offices 127On Arrival 127On Departure 127Visitors to the Chamber 127Lobbyists 128Guided Tours 128Large group tour 128School Tour 128

Media Interviews and Filming Guidelines 129Media gallery booking 129Press gallery boxes 129Press interviews elsewhere in the Parliament 129Filming guidelines 130

Overseas Travel 131General Travel information 131Approved Parliamentary business – definition: 131Official passport 131Personal Passport 132Insurance 132General (private travel) 132

Parliamentary and Constituent responsibilities 134Parliamentary Delegations – reception and participation 134Royal functions applications 134Jury Service 134

Constituent responsibilities 135Justice of the Peace 135Who Can Apply To Be A JP? 135

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Honours and Awards – Recognition of Service 137Request for Congratulatory message 139Where will the special message be delivered? 139NSW State Flags 141

APPENDIX A 142

APPENDIX B 0

APPENDIX C 150

APPENDIX D 179

APPENDIX E 184

APPENDIX F 189Appendix G 192

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Clerk’s Foreword

I am delighted to present to members of the Legislative Council, the ‘Members’ Guide’ (the Guide) for the 53rd Parliament.

The Guide is provided to assist members with information about the system of entitlements, staff management, pecuniary interests, elections, the Legislative Council Department and other parliamentary services. However, the Guide is more than a consolidated source of information. It has legal status as a set of guidelines for the appropriate use of entitlements, facilities and services. This is explained in detail in Chapter 1.

Members are responsible for ensuring that the use of their entitlements is consistent with all of the guidelines and rules placed on those entitlements. Of particular importance in assisting members are chapters 1 and 2 which explain the framework for members’ entitlements and detail the overarching guidelines and general conditions for their use. The remaining chapters (3 to 12) should be read in conjunction with these first two chapters.

I urge members to take the time to familiarise themselves with the contents of the Guide and to seek clarification from the appropriate staff, or from myself, whenever a matter is not clear. Details of avenues for advice or further information are provided throughout the guide in the relevant chapters and sections. For instance, frequently the Guide refers members to sources of information either on the parliament’s intranet or on the websites of other bodies.

The layout of the Guide has been designed to make it as easy as possible for members to find the required information. To this end an index and a contacts list (Appendix E) have been included. The loose-leaf format provides for easy updates. Whenever changes occur the intranet version of the Guide (found at Members – Members’ entitlements – Other) will be updated immediately. Because the intranet provides a dynamic and timely environment for the provision of information, the intranet version of the Guide will always be the most up-to-date.

Members will be advised via e-mail of any changes and the electronic copy of the changed pages will be attached.

I hope you find the information provided in this guide useful, informative and accessible.

John Evans Clerk of the Parliaments

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Chapter 1Framework for members’ entitlements

The members’ entitlements system is designed to ensure that members use the entitlements provided to them to fulfil their role as parliamentarians. As a consequence, some understanding of the universal role of members in parliamentary democracies provides a useful context to the entitlements system in NSW.

The role of a Member of Parliament1.1 The historic role of a Member of Parliament is based on the premise

that a member works for the community above all else, and does not prejudice their work by pursuing their own personal interests. In 1920 the High Court highlighted this critical aspect of a Member of Parliament’s role:

When a man [sic] becomes a Member of Parliament he undertakes high public duties. Those duties are inseparable from the position: he cannot retain the honour and divest himself of the duties. One of the duties is that of watching on behalf of the general community the conduct of the Executive, of criticizing it, and if necessary, of calling it to account in the constitutional way by censure from his place in Parliament - censure which, if sufficiently supported, means removal from office. That is the whole essence of responsible government, which is the keystone of our political system, and is the main constitutional safe guard the community possesses. The effective discharge of that duty is necessarily left to the Member’s conscience and the judgement of his electors, but the law will not sanction or support the creation of any position of a Member of Parliament where his own personal interest may lead him to act prejudicially to the public interest by weakening (to say the least of it) his sense of obligation of due watchfulness, criticism and censure of the Administration.1

1.2 More recently the NSW Auditor General stated:

It is a fundamental feature of our democratic system that governments should not use public resources for private or political ends.2

1 Horne v Barber (1920) 27 CLR 494 at 500.

2 Audit Office NSW, Auditor General’s Report to Parliament 2001 v.4, p.19.

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1.3 A summary of the values involved in undertaking parliamentary service also features prominently in the British Parliament’s Code of Conduct:

Selflessness

Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other benefits for themselves, their family or their friends.

2Last updated: 11 July 2003


Integrity

Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.

Objectivity

In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

Accountability

Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

Openness

Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.

Honesty

Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

Leadership



Holders of public office should promote and support these principles by leadership and example. 3

1.4 Although these principles were developed for the British Parliament, they also provide useful guidance to other democratic governing institutions, such as the New South Wales Parliament.

1.5 The entitlements system in New South Wales is designed to ensure that members have access to the finances and services necessary to undertake their public duty and to ensure that a member (including the member’s family/friends) does not personally benefit from the expenditure of these entitlements.

3 The Code of Conduct for Members of Parliament (UK). Prepared pursuant to the Resolution of the House, 19 July 1995.

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Legislation and Resolutions1.6 The system for the provision of members remuneration and

entitlements is prescribed by the following resolution and legislation of the House:

Resolution of the Legislative Council

The Code of Conduct for Members

Legislation

Constitution Act 1902 (NSW)

Parliamentary Remuneration Act 1989

Independent Commission Against Corruption Act 1988 (ICAC Act)

1.7 The following sections of this chapter detail each aspect of the members’ entitlements system and explain how they relate to each other.



The Code of Conduct The continued maintenance of high standards of conduct…is essential if the public is to have confidence in the institution at the heart of our constitutional arrangements. At a time when the scrutiny of our public institutions is intense, the public trust on which so much depends must be renewed by successive Parliaments.4

1.8 Following three inquiries by the Independent Commission Against Corruption (ICAC) (all of which highlighted the importance of a code of conduct for members), section 9 of the ICAC Act was amended to make the determination of ‘corrupt conduct’ in respect to a Member or Minister dependent on a substantial breach of an applicable code of conduct.5 The Code of Conduct for Members (the Code), which features at the front of this Guide, was subsequently developed and adopted in 1999 for the purposes of the ICAC Act.

1.9 The Code highlights that:

Members of Parliament are in a unique position in that they are responsible and accountable to the electorate

The electorate is the final arbiter of the conduct of members and it has the right to dismiss them from office at regular elections

The public trusts that members of Parliament will use the public resources and power imparted to them with honesty, integrity and with respect to the law and to the institution of Parliament

Members should only use their power to influence and advance the common good of the people of New South Wales.

1.10 In order to uphold and reinforce the importance of the public role performed by members, the Code contains references and rules about a number of matters including disclosing conflicts of interest, attempts at bribery, gifts, use of confidential information and the duties of a Member of Parliament.6

1.11 Important to the system of entitlements is clause 4 of the Code which provides that:

4 Committee on Standards in Public Life, Standards of Conduct in the House of Commons. Report No.8, p.63.

5 Refer to Chapter 10 for details.



Members must apply the public resources to which they are granted access according to any guidelines or rules about the use of those resources.7

1.12 This inclusion effectively links the Code of Conduct to the ICAC Act and the Parliamentary Remuneration Act and makes parliamentarians accountable to the rules created pursuant to these Acts.8

1.13 The importance of the Code in linking these vital pieces of legislation should not be underestimated, as it is through these linkages that the Code establishes both a framework for determining the appropriateness of members’ actions and an ethical benchmark by which members can measure their own behaviour.

6 Legislative Council, Code of Conduct for Members, 1999 (Refer to Chapter 8 for details).

7 Legislative Council, Code of Conduct for Members, 1999.

8 Refer to Chapter 10 for further information.



Constitution Act 19021.14 Section 5 of the Constitution Act 1902 (NSW) states:

The Legislature shall, subject to the provisions of the Commonwealth of Australia Constitution Act, have power to make laws for the peace, welfare, and good government of New South Wales in all cases whatsoever.

1.15 Under the powers given to it by this section, the NSW Parliament has established a system for the determination and administration of members’ entitlements.

The Parliamentary Remuneration Act 19891.16 The Parliamentary Remuneration Act 1989 (PR Act 1989) provides a

system for the determination of members’ entitlements, salaries and allowances:

a) all members are provided with statutory salaries (the basic salary) that are paid as personal income for the performance of their parliamentary duties as members, and

b) all or some recognised office holders are provided with statutory additional salaries that are paid as personal income for the performance of their parliamentary duties as recognised office holders, and

c) all or some recognised office holders are provided with statutory expense allowances for the purpose of facilitating the efficient performance of their parliamentary duties as recognised office holders, and

d) all or some members and all or some recognised office holders may be provided with additional allowances and other entitlements for the purpose of facilitating the efficient performance of their parliamentary duties as members or recognised office holders.

Annual determinations

1.17 Part 3 of the PR Act 1989 established the Parliamentary Remuneration Tribunal (the Tribunal) whose functions are to make determinations of additional entitlements for members and recognised office holders.

1.18 Section 10 of the PR Act 1989 provides that:


http://www.austlii.edu.au/au/legis/cth/consol_act/c167/


1. In making determinations, the Tribunal is to give effect to the following principles:

a) Additional entitlements are to be provided for the purpose of facilitating the efficient performance of the parliamentary duties of members or recognised office holders,

b) Parliamentary duties of members and recognised office holders include participation in the activities of recognised political parties.9

2. Members and recognised office holders are entitled to an electoral allowance and other additional entitlements in accordance with the provisions of applicable determinations of the Tribunal under this Part.

1.19 Members and recognised office holders are entitled to an electoral allowance and other additional entitlements in accordance with the provisions of applicable determinations of the Tribunal under this Part.

1.20 Annual determinations on or before 1 June in each year take effect from 1 July in that year. Each annual determination supersedes preceding annual determinations.

1.21 In making determinations the Tribunal may invite submissions from recognised office holders, members, officers of the Legislature, members and officers of statutory bodies and government departments and any other persons. The Tribunal is also required to consult with the Secretary of the Treasury on the financial implications of a determination.

1.22 Under s.12 of the Act the Tribunal may also be directed by the Premier to make special determinations of additional entitlements.

1.23 The annual determinations largely constitute the guidelines/rules referred to in clause 4 of the Code of Conduct for Members.

Rulings

1.24 Under section 17A of the PR Act 1989 the President or the Speaker may request the Tribunal to give a ruling on the interpretation or application of a determination. While determinations are superseded annually, rulings are ongoing and cumulative.

‘Parliamentary duties’9 Refer to Chapter 2 for further information about recognised political

parties.



1.25 Understanding the definition of parliamentary duties and the implications for the use of entitlements is critical to the members’ entitlements system.

1.26 As outlined above the Parliamentary Remuneration Act states that “additional entitlements are provided for the purpose of facilitating the efficient performance of parliamentary duties”. The Act provides a broad definition of the term ‘parliamentary duties’, it states:

Parliamentary duties of a member or recognised office holder means the duties that attach to the office of a member or recognised office holder, and includes the duties that a member or recognised office holder is ordinarily expected to undertake, including participation in the activities of recognised political parties, and includes any duties prescribed as being within this definition, but does not include any duties prescribed as being outside this definition.

1.27 The Tribunal has clarified this definition by including examples of activities which are and are not considered to be parliamentary in nature. For example, electorate work, attending sessions of Parliament and activities of parliamentary committees are considered to be parliamentary duties, however party fundraising and electioneering are not considered to be parliamentary.

1.28 The meaning of ‘parliamentary duties’ is discussed further in Chapter 2 of this Guide.

Basic salary

1.29 Under s4 of the PR Act 1989 all members receive a basic salary which is $500 less than the salary payable to a member of the House of Representatives of the Commonwealth Parliament. Under s6 of the PR Act 1989 recognised office holders, listed in Schedule 1 of the PR Act 1989 receive an additional salary as a percentage of the basic salary. Schedule 1 of the current salaries and allowances paid to members is in Appendix D.

Superannuation

1.30 The Tribunal also has a role under Part 3A of the Act in determining whether any amendment to the Parliamentary Contributory Superannuation Act is warranted. Where the Tribunal determines that an amendment is warranted, the Tribunal issues a certificate for tabling in the Legislative Assembly by the member supporting the amendment. The determination is also to be published in the Gazette.



1.31 For further information about superannuation please refer to Chapter 3.

Entitlements generally

1.32 The PR Act 1989 does not prevent members or recognised office holders from being provided with entitlements apart from the Act, for example:

offices and facilities at Parliament House, or

offices and facilities for Ministers elsewhere, or

travel by Ministers.

Term of Office of members

1.33 For the purpose of remuneration and allowances under the PR Act 1989 a members’ entitlements: commence on the day of election and cease on the day of death, resignation, or midnight preceding polling day following expiry of term.

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The Independent Commission Against Corruption Act 19881.34 In response to growing community concern about the integrity of

public administration in New South Wales following a series of events, which included the imprisonment of a Chief Magistrate and a Royal Commission inquiry into the police force, the Parliament passed the ICAC Act.10 One of the Act’s main purposes was to establish the ICAC.

1.35 In his second reading speech for the Independent Commission Against Corruption Bill, The Hon Nicholas Greiner, Premier said:

Nothing’s more destructive of democracy than a situation where people lack confidence in those administrators that stand in a position of public trust. If a liberal and democratic society is to flourish we need to ensure that the credibility of public institutions is restored and safeguarded and that community confidence in the integrity of public administration is preserved and justified.11

1.36 The establishment of the ICAC by the Parliament was a public statement that corruption would not be tolerated in NSW, and that positive steps were being taken to eradicate it. 12 It was also a response to the community’s demand for a public sector that it could trust. Given this context the Commission aims to protect the public interest, prevent breaches of public trust and guide the conduct of public officials.

1.37 To aid the ICAC in fulfilling these aims Parliament gave it significant powers and discretion to:

Expose corruption through investigations which can include public hearings

Prevent corruption by giving advice and developing resistance to corrupt practices in public sector organisations

Educate the public sector and the community about corruption and the role of the ICAC.

10 www.icac.nsw.gov.au/about/4_6_1.cfm

11 The Hon Nicholas Greiner, MP, Premier, Treasurer and Minister for Ethnic Affairs, second reading speech for the Independent Commission Against Corruption Bill, Legislative Assembly, 26 May 1988.

12 www.icac.nsw.gov.au under ‘About the ICAC’ – ‘Background on the ICAC’ (accessed 21/04/2003).

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1.38 The ICAC is accountable to the people of NSW through the NSW Parliament. To ensure accountability the Joint Committee on the Independent Commission Against Corruption comprising members of both Houses of Parliament was established under the Act to monitor and review the ICAC’s functions. The Committee also examines trends and changes in the nature of corrupt conduct.

1.39 Part 3 of the ICAC Act provides a detailed definition of what can be considered ‘corrupt conduct’. The ICAC has broadly summarised this definition as follows:

The NSW community expects public officials to perform their duties with honesty and in the best interests of the public. Corrupt conduct by a public official involves a breach of public trust and leads to inequality, wasted resources and wasted public money. Corruption commonly involves the dishonest or preferential use of power or position that has the result of one person or agency being advantaged over another. Corrupt conduct could involve:

The dishonest or partial exercise of official functions, or

A breach of public trust, or



The misuse of information or material acquired in the course of official functions.13

1.40 A public official’s actions constitute ‘corrupt conduct’ under section 9 (1), when one of the following situations occur:

a) A criminal offence, or

b) A disciplinary offence, or

c) Reasonable grounds for dismissing, dispensing with the services of or otherwise terminating the services of a public official, or

d) In the case of conduct of a Minister of the Crown or a member of a House of Parliament – a substantial breach of an applicable code of conduct.14

1.41 Even if conduct of a member does not fall within section 9 (1) it may still amount to ‘corrupt conduct’, if it is ‘conduct that would cause a reasonable person to believe that it would bring the integrity of the office concerned or of Parliament into serious disrepute’ within the meaning of subsection 9 (4). In order for this ground of ‘corrupt conduct’ to apply, the ICAC must be satisfied that the conduct in question could also constitute a breach of law apart from the ICAC Act.

1.42 The ICAC Act provides for suspected corrupt conduct, when a substantial breach of the Act is reasonably suspected, to be reported.

1.43 For further information about ICAC refer Chapter 10.

13 The full definition is available in the Independent Commission Against Corruption Act 1988, Pt.3.

14 Independent Commission Against Corruption Act 1988, s.9.



Standing Committee on Parliamentary Privilege and Ethics1.44 Section 72C of the ICAC Act provides for a Committee of the

Legislative Council to have a role in relation to the establishment of ethical standards of members. The Standing Committee on Parliamentary Privilege and Ethics has been designated as the Committee to undertake this role. The Act makes the following provisions:

(1) The functions of the designated committee are:

(a) to prepare for consideration by the Legislative Council draft codes of conduct for members of the Legislative Council and draft amendments to codes of conduct already adopted, and

(b) to carry out educative work relating to ethical standards applying to members of the Legislative Council, and

(c) to give advice in relation to such ethical standards in response to requests for advice by the Legislative Council, but not in relation to actual or alleged conduct of any particular person.

Parliamentary Ethics Adviser1.45 Since 1998 a Parliamentary Ethics Adviser has been appointed to

assist and advise members in resolving ethical issues and problems. Further details on the role of the Ethics Adviser can be found in Chapter 8.

Summary1.46 The Parliament of NSW established the Independent Commission

Against Corruption Act and the Parliamentary Remuneration Act and through them the ICAC and the Tribunal respectively. Both Houses resolved to adopt a Code of Conduct. This Code links the rule-making and investigative branches of the entitlements system.

1.47 The Tribunal establishes the guidelines to which members are required to adhere in the use of their entitlements. Clause 4 of the Code of Conduct says



Members must apply the public resources to which they are granted access according to any guidelines or rules about the use of those resources.15

1.48 The ICAC investigates substantial breaches of the Code of Conduct where such breaches might involve corrupt conduct.

1.49 These two independent bodies together play a role in ensuring that the members abide by their own code of conduct.

For further information…

1.50 This Guide is designed to outline the details of members’ entitlements (including salary and allowances) as well as the available services. Further information is included in the reading material listed at the end of each chapter. Alternatively, contact either the Members’ Services section on ext. 3071 or the Ethics Adviser.16


16 For more information about the Ethics Advisory service refer to Chapter 8. The contact details of the Ethics Adviser are included in Appendix E: ‘Contact Numbers’.


Further reading …

The most recent determination by the Parliamentary Remuneration Tribunal.

Committee on Standards in Public Life, Standards of Conduct in the House of Commons. Report No.8 ( www.public-standards.gov.uk ).

ICAC, Investigation into Parliamentary and Electorate Travel: Second Report Analysis of Administrative Systems and Recommendations for Reform, December 1999.

ICAC, Second Report on the Investigation into the Metherell resignation and appointment September 1992.

Standing Committee on Parliamentary Privilege and Ethics, Report on Inquiry into the Establishment of a Draft Code of Conduct for Members, October 1996.

Standing Committee on Parliamentary Privilege and Ethics,


Chapter 2Overarching Guidelines

Introduction2.1 As indicated in Chapter 1, the purpose of the Parliamentary

Remuneration Act, 1989 is to provide a system under which:

Members are provided with statutory salaries (basic salary)

Recognised office holders are provided with statutory additional salaries

All or some office holders are provided with statutory expense allowances and

Members are provided with additional allowances and other entitlements.17

2.2 Every class of additional entitlements is provided through the annual determinations of the Parliamentary Remuneration Tribunal (the Tribunal) pursuant to section 10 (1) of the Act which states that:

1) In making determinations, the Tribunal is to give effect to the following principles:

(a) additional entitlements are to be provided for the purpose of facilitating the efficient performance of the parliamentary duties of members or recognised office holders.

2.3 Section 10 (4)(a) further provides that:

(4) A determination may:

a) fix conditions on which an additional entitlement is to be provided, and may specify the form of substantiation (if any) that is required for particular kinds of additional entitlements…

2.4 Accordingly, the guidelines prescribed by the Tribunal govern the receipt, use and operation of entitlements. In each annual determination the Tribunal firstly provides for overarching guidelines which are referred to as ‘guidelines and general conditions’, these apply to all additional entitlements. This Chapter takes members through the guidelines drawn from the most recent determination in detail.

17 Parliamentary Remuneration Act 1989, section 2 (a).



2.5 In addition to the ‘General Guidelines’ and ‘General Conditions’ the Tribunal also provides specific guidelines/conditions for the use of each individual allowance and allocation, i.e. the Sydney allowance, LSA etc. These are dealt with at the relevant place in later chapters.

2.6 The important issue relating to guidelines and conditions is that they are not mutually exclusive and all guidelines and conditions must be read in conjunction with each other. It is generally not possible to determine whether an entitlement is being used in an appropriate manner by considering only one guideline or condition in isolation.

2.7 For example, to determine whether it is appropriate to use LSA funds to purchase a particular item of office equipment members need to consider:

(i) Guidelines and (ii) General Conditions applying to all additional entitlements18;

(iii) All conditions applying to the LSA generally,19 and

(iv) Particular conditions applying to printing, stationery and office supplies.20

2.8 There will also be circumstances in which the Presiding Officer or the Clerk, under the authority of the Tribunal’s determination will produce administrative guidelines for members. Where appropriate these too will need to be consulted and will be available at he same location as the Guide on the intranet and provided as appendices to this guide.

2.9 The receipt, use and operation of entitlements not specifically provided for by the Tribunal but granted instead by another authority (i.e. the President or Premier),21are also governed by the principles of transparency and public accountability enunciated by the Code of Conduct for NSW Members22 and relevant legislation. For example, the use of the State Travelcard is also governed by the Code of Conduct.

18 Refer to the ‘Guidelines and General Conditions’ section of the current determination.

19 Refer to the LSA section of the current determination.

20 Refer to the LSA section of the current determination.

21 See section 15A of the Parliamentary Remuneration Act 1998

22 Refer to the Code of Conduct for NSW Members, clause 4.



Entitlements

2.10 The determination provides the following additional entitlements for members of the Legislative Council:

A. Additional entitlements in the nature of allowances

Electoral allowance

Sydney allowance

Committee allowances

B. Additional entitlements in the nature of fixed allocations

Electorate to Sydney travel

Logistic Support Allocation (LSA)

Travelling allowances for recognised office holders

Equipment and facilities

2.11 The two groups of entitlements are distinguishable from each other by the method and circumstances in which they are paid.

Allowances

2.12 An allowance as defined by the Australian Tax Office is one where a member ‘…is paid a definite predetermined amount. It is an amount contributed towards an expected expense, and is made regardless of whether the member incurs the expense. The spending of the allowance is at the complete discretion of the member.’ 23

Fixed allocations

2.13 Additional entitlements in the nature of fixed allocations are based on actual expenditure. Members are required to substantiate how the allocation was spent and that it complied with the specific guidelines and conditions. With these entitlements costs are either reimbursed to the member or paid direct to the service provider following a claim form being completed correctly and the production

23 Annual report and determination of the Tribunal dated 4 December 2000.



of receipts and or invoices. (Refer Chapter 3 and 4 for further information about each of the entitlements).

Summary of Guidelines and General Conditions

Additional entitlements are provided to facilitate the efficient performance of parliamentary duties:

2.14 As highlighted in the Introduction (Chapter 1) all additional entitlements are provided to members to aid them in their parliamentary duties. This is the first condition placed by the determination on members’ use of their entitlements. As a consequence, an understanding of this term is vital to the system of entitlements. Parliamentary duties is defined by section 3 of the Act:

parliamentary duties of a member or recognised office holder means the duties that attach to the office of a member or recognised office holder, and includes the duties that a member or recognised office holder is ordinarily expected to undertake, including participation in the activities of recognised political parties, and includes any duties prescribed as being within this definition, but does not include any duties prescribed as being outside this definition.

2.15 The Tribunal further clarifies the term in the determination by providing practical examples of what are considered to constitute parliamentary duties, as well as examples of activities that fall outside the definition. Table 1 summarises the examples but is not intended to be definitive.

2.16 The Tribunal has recognised that the work of members is varied and that they require flexibility and choice in expending their entitlements. The provision of a definitive list would restrict this flexibility. There will be circumstances in which questions may be raised as to the appropriateness of using entitlements for a given purpose. The consequence for members is that on a day-to-day basis the decision as to whether or not a particular action falls within the definition of ‘parliamentary duties’ may lie with the member. The determination, together with additional administrative guidelines issued by the Legislative Council, is designed to assist members in this endeavour.

2.17 Further advice or help is always available from the President, the Clerk of the Parliaments, the Members’ Services section on ext. 3041 or the Parliamentary Ethics Adviser (refer to Chapter 9).

2.18

20Last updated: 11 July 2003Last updated: 11 July 2003


2.19 Table 1 Parliamentary and non-parliamentary duties

Examples of activities which the Tribunal has highlighted as falling into the category of parliamentary duties include:

Examples of activities which the Tribunal has highlighted as NOT falling into the category of parliamentary duties include:

Activities undertaken in representing the interests of constituents

Direct electioneering or political campaigning

Electorate work Activities such as those associated with party membership drives

Community activities to which a member is invited because of their position as a member

Mail distributions for non-electorate or non-parliamentary activities

Attending sessions of Parliament Costs associated with election campaigning for an individual member

Official functions to which a member is invited because of their status as a parliamentary representative

Fundraising for other party political members (such as the purchase of raffle tickets, raffle prizes, or tickets to attend functions etc)

Participation within Australia in the activities of the Commonwealth Parliamentary Association (see the determination for details)

Costs previously borne by political parties, which are not principally related to a member’s parliamentary or electorate duties

State, Federal and Local Government functions

Use of electoral or parliamentary offices as campaign offices 24

Activities of parliamentary committees

Parliamentary and State ceremonial functions

Participation in the activities of recognised political parties, including: participation in national, state and regional conferences, branch meetings, executive meetings, committee meetings etc. OR reasonable alternatives to these for independent members

Participation in a parliamentary group (eg. the Asia Pacific Friendship Group) provided that

24 Parliamentary Remuneration Tribunal, 30 June 2003.

21


the President of the LC and the Speaker of the LA have given prior approval of such a group 25

(Refer Attachment D for a list of current approved groups)

Excluding direct electioneering and political campaigning

2.20 As highlighted in Table 1 (above) the Tribunal excludes any expenditure in relation to “activities of a direct electioneering or political campaigning nature”. One of the reasons for this exclusion centres on the principle that incumbent members, in receipt of entitlements, should not be advantaged as against a prospective opponent for election.26 Further information about elections and the use of entitlements during campaign periods is provided in Chapter 9.

Participation in the activities of recognised political parties

2.21 Parties registered under the Parliamentary Electorates and Elections Act 1912 and included in the register of parties maintained by the Electoral Commissioner are to be treated as recognised political parties.

2.22 In some circumstances members are able to use their entitlements to aid their involvement in activities of these recognised political parties. Examples of circumstances in which members are permitted to use their entitlements for political party purposes include:

National, state and regional conferences

Branch meetings

Electorate council meetings

Executive meetings

Committee meetings and

Meetings of the parliamentary political party, its executive and committees.


26 E.S. Wolfenden, Report upon Appropriate Salaries and Allowances for Members of Parliament, Ministers of the Crown and the Holders of Parliamentary Office in New South Wales, 1956.

22


2.23 The Tribunal has also identified some circumstances in which members are not permitted use their entitlements for political party purposes. These include:

Activities such as those associated with party membership drives

Mail distributions for non-electorate or non-parliamentary activities

Fundraising for other party political members (such as the purchase of raffle tickets, raffle prizes or tickets to attend functions etc.)

Costs previously borne by political parties which are not principally related to a member’s parliamentary or electorate duties.

2.24 The above list is not exhaustive it is simply a guide. If members are unclear about whether entitlements should be used for a particular duty associated with their political party they should seek further advice.

Intermingling of parliamentary duties and private activities

2.25 The Tribunal recognises that, ‘some intermingling of a Member’s parliamentary duties and private activities is in practical terms not always easily avoided, but the onus is always on the Member to show that any expenditure or any claim for reimbursement relates to Parliamentary duties, or to the parliamentary duties component of costs incurred for intermingled parliamentary duties and private purposes.’27

2.26 Some intermingling may occur with one or more of the following private duties/roles:

Parliamentary duties and personal and or familial duties i.e. where a Member drives from home to Sydney accompanied by a family member

Parliamentary duties and non-allowable political party duties (outlined above)

Parliamentary duties and other business duties i.e. work which is not related to a member’s work as a parliamentarian




Parliamentary duties and Electioneering/Campaigning (refer to Chapter 9).

2.27 In determining whether to claim or utilise entitlements where there has been some intermingling occur (whether it be the Electoral allowance, LSA or other)28 members may wish to utilise one or more of the following tests:1. Principal Purpose test

2.28 Members could consider the ‘principal purpose’ of the expenditure and whether or not it results in a private or personal advantage. The ICAC suggested this approach in its report into the use of members’ travel entitlements, entitled Investigation into Parliamentary and Electorate Travel: Second Report:

A key tenet of public duty is that private advantage should not be gained through the expenditure of public money. …A reasonable test might be to establish whether the principal purpose of the expenditure was for personal, parliamentary or electorate benefit.29

2.29 In applying the principal purpose test members should consider what the main or principal purpose of the expenditure is and whether it is appropriate that public funds be expended for that purpose.

2. ‘Proportional’ approach

2.30 Another approach members may wish to consider is the ‘proportional’ approach. This approach involves:

1. Members disentangling the costs associated with their parliamentary duties from those incurred for non-parliamentary purposes.

2. Determining the proportion of the cost incurred relating to non-parliamentary duties and claiming only that proportion relating to their parliamentary duties.

2.31 This approach may be useful in claiming phone, fax or Sydney allowance expenses. For example, where 50% of a member’s mobile phone call costs were for parliamentary duties and 50% were for private or non-parliamentary purposes, the member would incur 50%

28 More information is provided about the Logistic Support Allocation (LSA) and the Electoral Allowance in Chapters 3 and 4.

29 ICAC, Investigation into Parliamentary and Electorate Travel: Second Report Analysis of Administrative Systems and Recommendations for Reform, December 1999, p.28.



of the call cost themselves and their LSA would cover the 50% used for parliamentary duties.

2.32 In regards to the Sydney allowance members could assess the proportion of the workday/s spent on parliamentary duties and the proportion spent on non-parliamentary duties, and claim only that proportion spent on parliamentary duties.

3. Reasonable assessment

2.33 Under the reasonable assessment approach members would consider whether any reasonable assessment of their expenditure would invoke public criticism. This has often been referred to as ‘the front page’ of the newspaper test.

Test for right vs. wrong issues. There are four big ones. The legal test asks whether one side of the case would be illegal. The stench test asks whether the whole thing just stinks, intuitively and viscerally. The front page test asks how you would feel if every detail of your decision showed up in tomorrow’s newspaper. And the mum test asks what someone you respect would do in your shoes. If the decision could honestly go either way in all these tests, you’ve got a genuine right vs. wrong dilemma.30

Resources

2.34 The Tribunal recognises that some intermingling may occur with parliamentary resources these include:

Mobile phone

Home phone

Facsimile

Sydney Allowance

2.35 There are a number of resources that should not be intermingled under any circumstances. These include:

Parliamentary staff

Parliamentary offices

Stationery

30 R Kidder, Guiding responsible discussion about ethics, American Society of Association Executives, 1999.



Allowances relating to travel

General ConditionsGeneral Condition No 1. All procurement will be in accordance with the Parliament’s purchasing policies

2.36 The Legislative Council’s purchasing policy and asset policy place conditions on the purchase of assets which are equal to or exceed $100 in value, excluding GST. These conditions are:

All items with a GST exclusive value of $100 or more remain the property of the Legislative Council.

Prior approval is required from the Legislative Council before such purchases are made.

All purchases will be made by the Legislative Council following government procurement guidelines and using suppliers nominated on the government contract wherever possible unless a prior arrangement is made for the Member to purchase an item direct

All purchases must be delivered to the Legislative Council in the first instance to be asset labelled and entered into the asset management system prior to being issued to the member concerned.31

2.37 Purchases that do not follow the provisions outlined in this policy will not be approved. Members will need to meet these costs personally.

31 Legislative Council, Asset Policy. This policy can be found on the intranet under “Policies & Forms”.



General Condition No 2. Members must ensure that they have sufficient funds to meet the costs associated with their parliamentary duties

2.38 The current scheme places the onus on members to ensure they exercise appropriate financial discipline and manage their affairs within their budgets.

General Condition No 3. All claims to be submitted to the Legislature for payment within 60 days of receipt or occurrence of the expense

2.39 It is a requirement of the determination that all accounts and members’ claims be submitted to the Legislative Council for payment within 60 days of receipt or occurrence of the expense. The key principle underlying this condition is that, with the passage of time, it becomes more difficult to resolve any issues arising from claims submitted more than 60 days after the date of expenditure. The non-compliance with the 60 day rule has been raised as a key issue in each of the Management letters received from the Audit Office.

2.40 It is the Legislative Council’s policy to advise members where claims have not been received within 60 days and seek explanation for late submission. Members should be aware that claims may be denied in these circumstances except where the claim could not be submitted within the prescribed period for reasons beyond the control of the member.

General Condition No 4. All members’ additional entitlements in the nature of fixed allocations and Sydney Allowance shall be subject to an external audit conducted by the Auditor General of NSW

2.41 In accordance with the provisions of the determination, the Auditor General is required to audit all members’ additional entitlements in the nature of fixed allocations and Sydney allowance for compliance with the provisions of the determination.

2.42 The Tribunal notes in its report dated 4 December 2002 that:

…it is an essential ingredient of the system of entitlements that members shall be accountable for public monies claimed under this determination. An important aspect of ensuring accountability is the process of auditing of, for example, fixed allocations…

2.43 A copy of the management letter is forwarded to members each year. For further information on the role of the Audit Office of NSW in relation to members’ additional entitlements, refer to Chapter 10.

27


General Condition No 5. Sole use of the member

2.44 All allowances and allocations are for the sole use of the member and are not to be transferred between members. The allowance may only be accessed by the member. In some specific circumstances related to travel, funds may be applied to cover expenses incurred by a nominated spouse/approved relative or staff employed by the Legislative Council on behalf of the member. Members may not transfer the benefit of the expenditure to any other third party (including another member) or organisation.



Chapter 3Salaries, Allowances and Allocations

Introduction3.1 This Chapter provides members with information about salaries,

additional entitlements, not including the Logistic Support Allocation (LSA), and procedures for their administration.32

Salaries 3.2 The salaries of members of the NSW Parliament are paid in

accordance with the Parliamentary Remuneration Act 1989. Under section 4 of the Act, the basic salary is set at the base salary for a private member of the House of Representatives in the Federal Parliament, less $500. 33

3.3 In addition to the basic salary, members who hold a recognised office receive a further salary component, which is a percentage of the base amount for a State Member. A table summarising the salary rates is provided at Appendix D.

Payment of salary

3.4 Members’ salaries are paid monthly in arrears into their nominated account. Members are able to split their salary into various accounts. Members will receive a ‘payment summary’ each month showing the amount of salary paid for that month as well as a summary of other allowances paid into the accounts.

Taxation

3.5 Members’ salaries are subject to ‘Pay As You Go’ (PAYG) taxationdeductions at the time of payment. As a consequence, members are requested to complete an employment declaration form and supply a tax file number.

3.6 Arrangements can be made for additional taxation to be deducted from a member’s salary each month or for part of a year by request in writing to the Financial Controller.

32 For information about the Logistic Support Allocation refer to Chapter 4.

33 Parliamentary Remuneration Act 1989, s4.

29


3.7 The principal taxation ruling applying to members of Parliament is TR 99/10 which can be accessed on the Australian Taxation Office (ATO) website: (http://law.ato.gov.au/atolaw/findrul.htm).

For further information about the payment of salaries…

3.8 If members are experiencing any problems with the payment of their salary or if they wish to change their nominated accounts contact the Payroll Supervisor on ext. 2569.

Superannuation3.9 The Parliamentary Contributory Superannuation Act 1971 provides a

superannuation scheme on a contributory basis for members of the Legislative Council.

3.10 The Superannuation Administration Corporation of New South Wales, now trading as Pillar Administration, administers the scheme. Towards the end of each year, Pillar issues members with an annual statement about their accrued scheme benefits and other matters relevant to their superannuation entitlements.

Contributions

3.11 Contributions are deducted from each monthly instalment of salary at the rate of 12.5% of the total salary component received (including any ‘salary of office’ but excluding all other allowances) as a member, minister or office holder.

Pension Entitlements

3.12 Pension entitlement arises on ceasing to be a member for any reason after 7 years aggregate service, other than by the operation of Section 13A of the Constitution Act 1902, (which relates to a member’s seat being declared vacant in certain circumstances).

Pension Rates

3.13 The annual rate is ascertained by the formula AXB/C where –



A = 48.8% of current basic salary (ordinary annual salary) as a member increasing by 0.2% of salary for each month of service in excess of 7 years to a maximum of 80% after 20 years;

B = the total salary received during the period of service including additional salary as a Minister or office holder;

C = the basic salary received during the member’s period of service.

Further information…

3.14 For further information regarding the superannuation scheme please contact the Manager, Parliamentary Administration, Pillar Administration, on tel. (02) 9238 5359.



Administrative guidelines for claiming entitlements3.15 To access their entitlements members are required to complete the

relevant claim form, attach required documentation and forward it to the Members’ Services section on level 8. The information below provides members with information to assist them in this process.

Completing claim forms

3.16 A sample set of claim forms is included at Appendix C: Forms. The forms may be downloaded from the parliamentary intranet at Legislative Council _ Policies & Forms. The claim forms include an annotated index to assist members in selecting the correct form to meet their needs.

3.17 These forms are updated annually when there is a new determination issued by the Tribunal. Members need to ensure that they are using the form that relates to the determination under which the expenditure was incurred.

3.18 A full set of claim forms is also available at the attendants’ desk on level 11 and may be photocopied if required.

3.19 Each form contains a declaration that members are required to sign and which states:

I certify that the details recorded in this claim are true and correct.

I certify that the above claim was for parliamentary business and complies with the conditions of the PRT Determination dated dd/mm/yy.

3.20 All claims must be signed by the member and, where appropriate the spouse/approved relative or member of staff employed by the Legislative Council if that person is the claimant.

3.21 Members should submit original accounts which include a tax invoice unless otherwise indicated on the claim form.

3.22 When it is requested, the purpose of travel/expenditure should be clearly stated. It is not sufficient to state ‘parliamentary duties’ as the Parliament and the Audit Office are unable to assess the claim for payment without further information.

3.23 Notwithstanding the above, it is recognised that there may be circumstances when members’ parliamentary duties are confidential.

32


The confidentiality box on the forms can be marked in these circumstances. However, members must retain verification of the work or travel undertaken and its purpose in case it is required for audit purposes. The use of the confidentiality box should be the exception rather than the rule when making claims.

3.24 In circumstances where a member is not able to provide adequate supporting documentation and the member does not consider the matter to be so sensitive as to require using the ‘confidentiality option’ on the form, then the member should stipulate on the form or on an attachment, details as to the dates and places of their visits, their purpose and the names of relevant persons involved.

3.25 If a claim form is incomplete or further verifying documentation is required the claim will be returned to the member with an accompanying “Request for Further Information” form indicating what is required.

Information in relation to accounts

3.26 This section relates to accounts established externally to Parliament by a member to aid their expenditure on certain goods and or services. Such accounts may be established with a local newsagent, printer or with the post office.

3.27 All accounts must be established in the name of the member. No expenses are to be incurred in the name of the Parliament.

3.28 A member may choose to have the provider paid directly by the Parliament and have this amount debited against their LSA or to pay the provider in the first instance and then seek re-imbursement from the Legislative Council.

3.29 If accounts involve the allowable intermingling of resources i.e. they are partly for parliamentary duties and partly private use, it is suggested that members pre-pay the account first and then seek reimbursement. This reduces unnecessary complications in the processing of claim payments.

3.30 In line with the Parliament’s administrative arrangements and consistent with accrual accounting principles, the actual date that the goods or services are supplied or provided determines which accounting year and budget allocation the transaction will be recorded against.

3.31 Members may contact the Members’ Services section on ext. 3041 if they require assistance with any of their entitlements.



Information in relation to car insurance

3.32 A member is required to have the following insurance arrangements in place prior to using their own vehicle for parliamentary duties:

Any motor vehicle must be covered by a policy as required by the Motor Vehicles (Third Party Insurance) Act 1942

The vehicle must be comprehensively insured providing insurance or indemnity against:(a) Liability of the Crown to pay for loss or damage to

property arising out of the use of the members’/approved relative’s motor vehicle in lieu of air travel for which are travel warrants are provided by the Legislature.

(b) Liability of the Crown to pay for loss or damage to the vehicle.

In the event of an accident the member/approved relative/staff owning or leasing the vehicle shall be responsible for the payment of any excess.

3.33 Members or other claimants are also advised to check with their insurance provider to ensure that their current insurance policy provides for partial business use of the vehicle.

3.34 When renting a motor vehicle, insurance cover is required as part of the rental agreement. In the event of an accident any excess payable will be the responsibility of the member/approved relative/staff who signed the rental agreement.



Allowances

Electoral allowance

3.35 The Parliamentary Remuneration Act 1989 makes the following provisions with regards to the electoral allowance:

The Tribunal is given the power to fix the amount of electoral allowance.

The allowance is payable to members.

Different amounts may be fixed for different members or classes of members.

The allowance is provided for the performance of parliamentary duties34 (other than those compensated or reimbursed by other additional entitlements).35

3.36 Refer to Appendix B: the Determination section entitled ‘Electoral allowance’ for current rates.

3.37 The electoral allowance can be used by a member in undertaking parliamentary or electorate duties. Use of this allowance is subject to substantiation to the ATO, with any unspent portion being subject to marginal tax rates. The full amount of the allowance is shown on payment summaries (group certificate).

What the electoral allowance can be used for…

3.38 As stated in the Act, the electoral allowance was established to help members fulfil their parliamentary duties. Where the electoral allowance is used for this purpose tax deductions apply. A wide range of allowable work-related expense claims are outlined in Taxation Ruling 99/10 (http://law.ato.gov.au/atolaw/findrul.htm).

3.39 The Tribunal has defined legal uses for all such entitlements:

Every class of ‘additional entitlements’ described in this determination is provided pursuant to section 10 (1)(a) of the

34 Refer to Chapter 2 for further information about the meaning of ‘parliamentary duties’.

35 Parliamentary Remuneration Act 1989 s10(2)(b).



Act for the purpose of facilitating the efficient performance of the parliamentary duties of members.36

36 Parliamentary Remuneration Tribunal, Annual Report and Determination of Additional Entitlements for Members of the Parliament of NSW, 30 June 2003, pp.16-17.

36


3.40 As a consequence, all of the general conditions and guidelines prescribed by the Tribunal, including the requirement that the allowance be used for ‘parliamentary duties’, apply to the electoral allowance.

3.41 For example, the determination states that the electoral allowance cannot be used for activities of a direct electioneering or political campaigning nature, but can be used for attending and participating in sessions of Parliament or attending official parliamentary functions.37 Refer to Chapter 9: Elections – section on ‘Members salaries and entitlements’.

Electoral allowance as an additional salary (income)

3.42 When the electoral allowance is taken as additional salary it is subject to the same tax rates as normal income. Members should refer to the tax guidelines and seek professional advice if further information is required.

Payment of the electoral allowance

3.43 The electoral allowance is paid monthly in arrears with the member’s salary, i.e. on the last day of the calendar month. The total value of the electoral allowance paid will appear on members’ group certificates at the end of each financial year. Tax is not deducted from electoral allowances at the time of the payment unless specifically requested by individual members.

3.44 Members are required to substantiate expenditure claimed against this allowance and other income to the Australian Tax Office (ATO) – refer taxation ruling TR 99/10.

37 ibid.



Sydney allowance

3.45 The determination states:

The Sydney allowance is provided to members who reside in non-metropolitan electorates to compensate them for the additional costs, including: commercial accommodation; meals and incidental costs associated with staying in Sydney to attend sessions of Parliament; meetings of parliamentary committees or other parliamentary business.38

3.46 Non-metropolitan electorates have been divided into two groupings (categories 1 and 2) based on the electorate’s distance from Sydney. A list of the electorates in each category appears at Schedule 2 of the determination. The associated allowance rates can be found in the ‘Sydney Allowance’ section of the determination. Members can elect to receive the allowance either annually (as a fixed annual amount paid monthly through the payroll) or daily (based on actual overnight stays).

Determining members’ principal residence

3.47 Where members have more than one residence, they need to determine which is their principal residence before claiming the Sydney allowance.

3.48 For many members there will not be an issue surrounding the determination of their ‘principal place of residence’. However, for those who have established a second residence in Sydney as a result of the heavy workload, nominating their principal place of residence may present some problems.39 In addition, it is possible given the extra work involved with parliamentary business and or changing family/life circumstances that a Member’s principal place of residence may change. For example, a Member’s principal place of residence may temporarily change because their children have left home, and due to the high workload in Sydney it is more convenient to live in Sydney.40

38 Parliamentary Remuneration Tribunal, Annual Report and Determination of Additional Entitlements for Members of the Parliament of NSW, 30 June 2003, p.22.

39 It is important to remember that the determination of principal place of residence should not be based on property ownership alone.

40 Sydney Allowance Administrative Guidelines “Determining Principal Place of Residence” and Important Information – Sydney Allowance Election Form.

38


3.49 The following sections of this chapter and associated appendices provide guidance for members to assist them in determining their principal place of residence and making claims for the Sydney allowance.

Advising the Members’ Services section of residence3.50 Members are required to complete the Sydney Allowance Election

form (SA-001C) when advising Parliament that their principal place of residence is in either category 1 or 2. This form appears in the Forms section of the Appendices. Included with the form are some guidelines entitled Important Information – Sydney Allowance Election Form. These administrative guidelines provide members with detailed information about the following questions which are provided to assist members in determining their principal place of residence:

Do you usually return to the property when not required in Sydney on parliamentary business?

Is this the property you stay at most on a regular basis? Does your family reside in the property? Are you a recognised, active member of the local community? Is your mail (i.e. phone bills, personal mail, general

household bills etc.) usually directed to this residence? Is this the property at which you keep most of your personal

possessions? If you own the property – is it exempt from capital gains tax? Do you own the premises? Is the property a beach, holiday home or a place you go to

“get away”? If you own the property – is it exempt from land tax?

3.51 Members should read the Important Information – Sydney Allowance Election Form carefully and fully understand the issues before completing the Sydney Allowance Election form. As well as submitting this form, members must also provide evidence that they are on the electoral roll for the principal place of residence and one other form of evidence e.g. rental agreement, electricity bill or statement of council rates.

3.52 The Sydney Allowance Election form is provided to members annually, however if a member’s residential circumstances change it is vital that they advise the Clerk of the Parliaments of the change and complete a new Sydney Allowance Election form. This form should be forwarded to the Members’ Services section.



Annual v Daily payment of Sydney Allowance

3.53 Non-metropolitan members can choose to receive the Sydney allowance as either an annual fixed allowance (paid monthly with their salary) or a daily allowance (based on actual overnight stays).

Daily Allowance

3.54 Where a member chooses to receive the daily rate they will receive the overnight daily rate as specified in the determination, at the ‘Sydney’ or ‘transit to and from Sydney rate’ as applicable. The member is entitled to the number of overnight stays per annum specified in the determination without the need to substantiate that they have incurred the full daily amount of the allowance.

3.55 Members are required to substantiate with documentary evidence that they stayed in Sydney on each occasion.

3.56 In circumstances where reasonable daily costs have exceeded the daily rate, full substantiation of these costs will be required for example; tax invoices, receipts, boarding passes.

3.57 Where the total number of allowable overnight stays is exceeded, documentary evidence of each overnight stay will be required.41

How to claim the Sydney allowance daily

3.58 In order to claim the Sydney Allowance (daily) members are required to:

1. Complete a Sydney Allowance Election form (SA-001C),42

indicating that their preference is to claim the allowance daily and provide details of their principal place of residence.

2. Forward the completed form to the Members’ Services section.

3.59 Members do not get paid in advance for the Sydney allowance (daily) but are reimbursed for the days claimed. To be reimbursed members are required to:

41 Parliamentary Remuneration Tribunal, Annual Report and Determination of Additional Entitlements for Members of the Parliament of NSW, 30 June 2003, p.24.

42 See Appendix C: Forms.



1.Complete the ‘Sydney Allowance Overnight Stays in Sydney’ form (SA-002C).43

2.Provide documentary evidence of having stayed in Sydney on parliamentary duties.44 Examples of such documentary evidence include:

Airline boarding passes for arrival and departure from Sydney

Signed attendance in the Parliament House register45

Commercial accommodation receipts i.e. hotel/motel A dated receipt in the member’s name Invitations to functions relating to parliamentary

duties Any documentary evidence of having travelled and

stayed in Sydney in connection with parliamentary duties.

3. Within 60 days forward the claim to the Members’ Services section for payment (members are encouraged to submit their claim forms on a monthly basis).

3.60 Members are not to claim the Sydney Allowance if they have stayed in government owned or funded accommodation including Parliament House.

Annual rate

3.61 Where members elect to receive this allowance as an annual allowance the Sydney allowance (annual) will be paid with the member’s salary on a monthly basis, however it will not appear as an item in the ‘payment summary’ because of the requirement that unspent portions are repaid.

3.62 At the end of the financial year members are required to certify the number of occasions they stayed in Sydney and that each stay was for parliamentary business.46 Members who nominate to receive the allowance annually cannot claim for additional overnight stays in excess of those specified in the determination.

43 See Appendix C: Forms


45 A register is located at the level 11 attendant’s desk.




3.63 Members will need to maintain records or other relevant evidence that clearly documents the occasions they stayed in Sydney in connection with their parliamentary duties.

3.64 Any unspent portion of the Sydney allowance will need to be re-credited to the Consolidated Fund. The unspent portion is the amount corresponding to the number of days (out of the total days available) not stayed in Sydney.47 For example, assuming a member residing in a category 2 electorate received an annual Sydney allowance of $20,280 (i.e. $169 per day). If the member subsequently stayed 100 nights in Sydney for parliamentary duties during the year it would be necessary to repay an amount of $3,380 (20,280 – (100 x $169 = $16,900) = $3,380) at the end of the financial year.

How to claim the Sydney allowance annual

3.65 In order to claim the Sydney allowance (annual) members are required to:

1.Complete the Sydney Allowance Election form (SA-001C).48

2.Forward this form to the Members’ Services section which will, in turn, send it to the Financial Controller.

3.66 Members need to provide an annual reconciliation at the end of the financial year (form SA-004C)49 to the Financial Controller with documentation substantiating that they have stayed in Sydney on the nights indicated. Such documentation could include: Airline boarding passes for arrival and departure from Sydney

Signed attendance in the Parliament House register50

Commercial accommodation receipts i.e. hotel/motel

A dated receipt in the member’s name

Invitations to functions relating to parliamentary duties

Any documentary evidence of having travelled and stayed in Sydney in connection with parliamentary duties.

47 Correspondence from the Tribunal to the Presiding Officers dated 28 October 2002.

48 Refer Appendix C: Forms.

49 Refer Appendix C: Forms.

50 A register is located at the level 11 attendant’s desk.



3.67 Members are not to claim the Sydney Allowance if they have stayed in government owned or funded accommodation including Parliament House.

Sydney allowance in transit stays

3.68 If it is not possible to complete the journey from home to Sydney in one day, members are able to claim overnight stays from the Sydney allowance. These overnight stays are deducted from the total number of Sydney allowance nights.

3.69 Refer to the rates in the current determination (at Appendix B).

3.70 To be reimbursed for overnight stays in transit the member needs to complete the ‘Sydney Allowance – In Transit Stays’ form (SA-003C) and forward it with the relevant substantiation to the Members’ Services section.

Other Sydney Allowance Information

3.71 The Parliament has received tax advice from KPMG that, as the current overnight rate is based on actual overnight stays and is below the Australian Taxation Office’s reasonable limit for an overnight stay in Sydney, the allowance is not taxable.51

Consequently, the allowance does not appear on members’ payment summaries (group certificates).

3.72 Members may claim tax deductions for expenses incurred in excess of the allowance. A separate statement is provided at the end of each financial year to inform members of the actual amount paid to them by the Legislature.

51 Refer to the parliamentary intranet for a full copy of the KPMG advice.



3.73 For guidelines and general conditions concerning the use of the Sydney allowance please refer to Chapter 2. In addition, specific guidelines concerning the use of the Sydney allowance during campaign periods can be found in Chapter 9.

Committee allowances

3.74 Committee allowances are paid to chairpersons of Joint, Standing and Select Committees in recognition of the additional responsibilities of the office.

3.75 Members of the Legislative Council serving as chairpersons of Joint Committees, Select Committees and Standing Committees are paid for each day upon which they attend a meeting or an official visit as long as the Legislative Council is not sitting on that day. (Refer to Appendix B: the Determination for current rates.)

3.76 This allowance is not payable to a chairperson in receipt of a salary of office as specified in Schedule 1 of the Parliamentary Remuneration Act 1989 (refer to Appendix B: the Determination).

Allocations

Electorate to Sydney allowance

3.77 Members of the Legislative Council who reside in non-metropolitan areas qualify for economy return air travel (or car travel) between their zone and Sydney for the purpose of undertaking their parliamentary duties. Refer to Appendix B: the Determination – section entitled ‘Electorate to Sydney travel’. A fixed number of single economy class journeys are provided however some office holders are entitled to additional journeys. The current number of return single economy journeys and the extra Sydney to electorate travel entitlements for office holders are outlined in the determination.

3.78 Electorate to Sydney travel entitlements for members’ approved relative or staff (employed by the Legislative Council) is to be funded out of the members’ Logistic Support Allocation (refer Chapter 4). The definition of approved relative is provided in Appendix A: Definitions.

General Conditions for Electorate to Sydney Travel



Members are required by the Tribunal to maintain records that clearly document the occasions they travelled to Sydney in connection with their parliamentary duties. Such documentation could include airline boarding passes, signed attendance in the Parliament House register, receipts for purchase of petrol when using their own motor vehicle, and/or other dated receipts in the member’s name.

All electorate to Sydney travel and return is restricted to economy class.

A minimum of one warrant 52 is required to be surrendered for each single journey. A return trip will require the surrender of at least two warrants.

Members may use electorate to Sydney warrants to defray part of the cost of intrastate and interstate Parliamentary travel when such travel is via Sydney.

Under the current contractual arrangements with Qantas, members do not receive frequent flyer points.

The booking of electorate to Sydney airfares

3.79 Members must book their flights through the booking agent nominated in the NSW government travel contract, which is currently Qantas. Although members need to book through Qantas they are able to choose their own airline, as Qantas acts as a booking agent for all other airlines.

3.80 The procedure to book a flight for parliamentary business is as follows:

Contact the QANTAS Government Travel Centre on phone: 1300 659 747

Listen to the recorded message and select for Domestic Travel

Corporate Profile 401 615

Account Number 02 200869

3.81 Personal travel must not be booked using this corporate profile because the Parliament’s corporate account attracts government

52 Note: A warrant equates to a single one way flight.



discounts. These discounts are not available to members when making bookings in a private capacity.

How to claim Electorate to Sydney Travel

3.82 To make a claim for any Electorate to Sydney travel members must:1.Submit a completed LSA-002C form to the Members’ Services

section.

2.Include with the completed form, boarding passes as verification of the travel taken.

In the event that these passes are not available members may submit a copy of their itinerary with their signed claim form authorising payment.

46


Use of Motor Vehicle in lieu of air travel

3.83 If required and/or preferred members can use their private motor vehicle or a rental vehicle to travel between their principal place of residence and Sydney in lieu of the electorate to Sydney air travel.

3.84 Where this option is chosen the Legislative Council will reimburse the actual costs calculated at the current public service kilometre rate up to the cost of an equivalent commercial airfare (less airport taxes). A guide to calculating the amount to be reimbursed is contained in Premiers Circular no. 2002-4. This circular, and updates of it, can be found at – www.premiers.nsw.gov.au. 53

3.85 One claim only may be made for each private vehicle journey irrespective of the number of passengers or the presence of an approved relative or parliamentary staff. Where another Member of Parliament is present in the vehicle, the claim will be calculated on a pro rata basis.

3.86 For audit purposes a copy of the relevant motor vehicle registration papers is to be submitted to the Members’ Services section so that the engine capacity can be verified and payment made at the correct rate. This only needs to be sent once for each vehicle as a record of registrations is kept.

3.87 Members using a rental vehicle for electorate to Sydney travel are required to complete claim form RV-001C and attach an original tax invoice from the car rental company. Reimbursement of these costs includes petrol as long as an original tax invoice is supplied.

3.88 Members can use the parliamentary register as verification of having stayed in Sydney or another form of receipt if they prefer e.g. petrol receipts en route or at destination.

3.89 Reimbursement is made to members through the payroll at the end of each month, provided claims are received by the 15th day of the month. No tax is withheld from the allowance paid.

Travelling allowance for recognised office holders

3.90 An additional travelling allowance is provided for recognised office holders. The allowance is a daily rate that covers all actual, reasonable meal and accommodation expenses. The daily rate has an upper limit.

53 Refer to the parliamentary intranet for a link to this website.


http://www.premiers.nsw.gov.au/


3.91 A list of recognised office holders and the applicable allowance rates can be found in the “Travelling allowance for recognised office holders” section of the determination.

3.92 Clarification has been obtained from the Tribunal that recognised office holders who hold more than one office are only entitled to payment of whichever is the greater of the additional allowances.54

Travelling allowances conditions for recognised office holders

3.93 Subject to the production of original tax invoices/receipts recognised office holders are eligible to claim reasonable actual travelling expenses for overnight absences from Sydney or their electorate/principal place of residence. Such expenses include accommodation, meals and other incidental expenses. Where no overnight absence is involved reasonable actual meal expenses can still be claimed. Indicative upper limits for travel expenditure can be found in the determination.55

3.94 A recognised office holder whose approved relative accompanies him or her to a State or other official function and who consequently incurs expenses in respect of meals and accommodation exceeding the allowance to which he or she is entitled, shall be entitled to be reimbursed the additional expenses associated with the approved relative.56 Claims for these expenses need to be signed by both the member and their approved relative.

3.95 Those recognised office holders for whom non-parliamentary funded budgets are provided are to meet travel allowance costs from those budgets and not from Parliament.

Guidelines particular to the Leader and Deputy Leader of the Opposition

3.96 The Tribunal has ruled that travelling expenses incurred by the Leader and Deputy Leader of the Opposition are to be met from the Leader of the Opposition’s allocation.57

54 Correspondence from the Parliamentary Remuneration Tribunal dated February 2001.

55 Refer to Appendix B: the Determination.

56 For further information about how members’ allowances relate to the member’s approved relative refer to Appendix A: Definitions.

57 Correspondence from the Tribunal dated 8 May 2001.




3.97 For further information about the payment of salaries or the payment of the electoral allowance please contact the Payroll Supervisor on ext. 2569.

3.98 For further information about the guidelines surrounding the use of members’ allowances or entitlements please contact the Members’ Services section on ext. 3071.



Chapter 4Logistic Support Allocation (LSA)

Purpose4.1 The Logistic Support Allocation (LSA) is provided annually to assist

members in covering expenditure on a broad range of goods and services not covered by other entitlements.

4.2 A key tenet of the LSA is that members have the flexibility to manage these funds in a manner that best serves the needs of their constituents58 subject to the requirements set by the Parliamentary Remuneration Tribunal (the Tribunal).

4.3 In establishing the LSA, the Tribunal provides for expenditure in four categories, viz:

Communication – electronic

Communication – non electronic

Transport (other than home to Sydney transport for non metropolitan members)

Printing, stationery and office supplies.

Entitlement4.4 The quantum of the LSA is determined by the Tribunal on the basis

of where a member has their principal place of residence. This is intended to compensate non-metropolitan based members who are likely to incur extra expenditure in the categories of transport and electronic communication.59 Recognised office holders also receive a percentage loading in particular categories in recognition of the extra demands of their position.60

4.5 The LSA can be spent on any or all of the categories listed above with no restrictions placed on how the amount is divided between

58 Refer to Chapter 2 : ‘Overarching Guidelines’ for the principles that guide members in the use of allocations and allowances.

59 Refer to Appendix B: the Determination — Logistic Support Allocation.

60 Refer to Appendix B: the Determination — schedule entitled ‘Recognised office holder and other member entitlements’.



the categories. It is, in effect, a global budget for the items covered by the LSA to be managed in a manner that best suits the needs of each member in the pursuit of their particular parliamentary duties.

4.6 The manner in which the allowance is made available to members is illustrated by the following example for the 53rd Parliament. All categories of member, i.e. those newly elected, those who successfully contest re-election and those who are continuing members are allocated funds in the same manner:

Year Period Date Procedure2003 1/53 Polling

dayMember’s account credited with a pro rata allocation to cover the period 22 March to 30 June 2003. Any portion that remains unspent at 30 June 2003 is carried over into the next period commencing 1 July 2003.

2003 2/53 1 July Member’s account credited with a full 12 months allocation. Any portion that remains unspent at 30 June 2004 is carried over into the next period commencing 1 July 2004.

2004 3/53 1 July Member’s account credited with a full 12 months allocation. Any portion that remains unspent at 30 June 2005 is carried over into the next period commencing 1 July 2005.

2005 4/53 1 July Member’s account credited with a full 12 months allocation. Any portion which remains unspent at 30 June 2006 is carried over into the next period commencing 1 July 2006.

2006 5/53 1 July Member’s account credited with a pro rata allocation to cover the period 1 July 2006 to the day prior to polling day 2007. Any unspent portion at the end of the day prior to polling day 2007 is relinquished to the Consolidated fund i.e. returned to Treasury.61

2007 1/54 Polling day

The cycle starts again.

4.7 Members may not over expend the total funds within the financial year for which they are provided, as there is no provision for supplementation or advances from subsequent allocations.

Types of expenditure4.8 The determination gives examples for which the LSA may be applied.

This list is indicative of the types of expenditure considered appropriate from the LSA. The Presiding Officers may exercise their

61 Refer to Appendix A: Definitions for definition of ‘Consolidated fund’.

51


discretion in permitting expenditure for items not in the determination.62

4.9 A more comprehensive list of items which have been approved is posted on the Parliamentary intranet. If members have queries about whether a particular type of expenditure is considered appropriate or not, they should contact the Members’ Services section before incurring the expense.63

General provisions /policies 4.10 All expenditure must be consistent with the guidelines and general

conditions of the determination. In this regard, members should refer to the current determination and Chapters 1 and 2 of this Guide.

4.11 It is members’ responsibility to ensure that claims against the LSA are forwarded to the Members Services section within 60 days of receipt or occurrence of the expense. The Accounts section will forward to members a summary report at the end of each month detailing LSA expenditure during that month and a balance of funds in the member’s account. It is important that members’ reconcile this statement against their own financial records. There may be a delay in the processing of some claims (especially where these are forwarded towards the end of the month and or are forwarded without all the required documentation) and hence all expenditure from that month may not appear on the statement.

4.12 Of specific importance to the use of the LSA are the provisions of the determination that state that the allowance cannot be used to duplicate services and that members must personally authorise expenditure. 64


63 Members are advised to read and become familiar with the Legislative Council purchasing policy found on the parliamentary intranet. Refer also to Chapter 2 of this Guide: ‘Overarching Guidelines’.

64 Refer to Appendix B: the Determination, for all of the guidelines and conditions.



Duplication of services

4.13 With respect to duplication, any expenditure from the LSA must not duplicate goods and services already provided to members by the Parliament. If members are unsure in this regard they are advised to contact the Members’ Services section on ext. 3041 for clarification.

Members must personally authorise expenditure from their LSA

4.14 Members’ capacity to authorise expenditure and subsequently claim it against the LSA account cannot be devolved to any person including staff members.

4.15 The member must submit a properly completed claim form. There are three exceptions to the principle of submitting a claim form:

(a) printing and stationery goods or services supplied through Parliamentary Printing Services where the member is required to sign the requisition,

(b) convenience copiers where use of a personal pin number constitutes the authority, and

(c) CabCharge dockets issued by the Legislative Council where the member is required to sign the docket.

General LSA Administration4.16 All expenditure deducted from a member’s LSA excludes GST as the

Parliament claims an input tax credit on the GST component of the expenditure.

4.17 Unless otherwise determined by the goods or service provider accounts may be:

1.Paid and then reimbursed, or

2.Paid directly to the service provider by the Parliament.

In either instance, members should be mindful of the general administrative guidelines outlined in Chapter 3.

4.18 Where there has been some intermingling of private and public use of resources and accounts are to be paid/reimbursed on a percentage



basis it is strongly suggested that members pay the account and then seek reimbursement. This will avoid confusion regarding amounts owing by members and vendors charging extra account keeping charges. For example, the home telephone account often has a private use percentage attached to it. It can be difficult for members to calculate the exact amount owing as some items are ‘allowable expenses’ and others are not. The standard service and equipment charges are fully paid by the Parliament.

4.19 The date that goods or services are supplied or provided determines which LSA budget the expenditure or entitlement shall be taken from. For example, a flight taken on 29 June to Albury with the return flight on 1 July will span two LSA budget allocations as it crosses two financial years.

4.20 Claims for payment or reimbursement are scheduled for processing and payment by the Parliament within the following timeframe:

The Legislative Council will process all correctly completed claims within two working days of receipt. These will then be forwarded to the Accounts section for payment.

The Accounts section will then process claims according to the following schedule:

For payment by EFT – within 10 working days of receipt of a claim;

For payment by cheque – within 15 working days of receipt of a claim (to allow for cheque signing, posting and cheque clearance);

Payment direct to vendor/suppliers by the Parliament is in accordance with standard trading terms, usually in 30 days.

4.21 A summary report is produced at the end of each month for each member’s LSA, which discloses claims processed during the month, year to date and equivalent budget amounts, together with unexpended funds remaining. This report can also be generated on a more regular basis by request to the Financial Controller.

4.22 Details of individual transactions that comprise the figures on the report are also supplied each month as well as printing, stationary and convenience copier use administered by Parliamentary Printing Services.

Specific provisions



4.23 In addition to the general guidelines and conditions, the Tribunal has also provides specific provisions in relation to the LSA. This section details these provisions as well as their associated

Communication non-electronic

4.24 Members may use their LSA for the following purposes:

Mail distribution and postal delivery services

Post office box rental

Fax post, express post and lettergram services

Postage stamps

4.25 It is suggested that members establish an Australia Post Head Office charge account. Application forms are available from the Members’ Services section and from the Australia Post Office on level 7. The tax invoices for these accounts can then be forwarded to the Members’ Services section with the relevant claim form for direct payment or reimbursement. Members should note that Australia Post send out reminder notices after seven days, and therefore claims should be submitted as soon as possible after receipt of the invoice.

4.26 If preferred, Members may utilise the services of alternative mail distribution and delivery services other than those offered by Australia Post.

4.27 Members can utilise their LSA to cover the cost of the State Mail Service for both the receipt and dispatch of mail.

Communication Electronic

4.28 Members may utilise any telecommunication provider for their home telephone, fax and data line services. Any contracts or plans entered into for the provision of these services is to be in the member’s name and not that of the Parliament.



4.29 The determination65 requires that at the beginning of each financial year, the Financial Controller will request that all members complete a survey to identify the percentage of electronic communication for parliamentary and private use.66 This information is required to calculate fringe benefits liability and to determine the appropriate percentage reimbursement of home telephone accounts. For example, if a member indicates that 80% of their calls are for parliamentary duties and 20% for private use, then 80% of the call costs will be reimbursed for that year.

4.30 Newly elected members will be reimbursed 90% of their home telephone and 100% of facsimile and data call costs within Australia, pending completion of a survey to determine the actual parliamentary business percentage. A retrospective adjustment from the date of election shall apply once the business use percentage is established.

Mobile, home phone, fax or data line – general

4.31 Recognised office holders67 are entitled to 100% reimbursement of electronic communication costs including overseas calls for Parliamentary business.68 Other members are required to meet the cost of all overseas calls, other charged information/service calls, reverse charge calls and home-link Telecard calls.

Mobile phones

4.32 The Legislative Council provides a mobile phone to all members with the exception of ministers, parliamentary secretaries and the Leader of the Opposition. These office holders are provided with a mobile phone through other budgets.

4.33 Mobile phones are acquired on 24 month contract arrangements with Telstra which provide access to business rates for members. The Legislative Council offers a choice of two GSM models. Additionally, members who reside in zone 3 are also offered a choice of the GSM phone or a CDMA phone. Members who accept a mobile

65 Refer to Appendix B: the Determination – Particular conditions relating to the LSA – Communication –Electronic


67 Refer to Appendix B: the Determination – List of Recognised Office Holders

68 Refer to Appendix B: the Determination – chapter on the LSA.

56


phone from the Legislative Council agree to a 24 month contract that cannot be terminated prior to the agreed term.

4.34 If members consider that the hardware offered by the Legislative Council is not suitable for their requirements they may choose from the following options:

Members may select their own phone and submit their choice to the Legislative Council. The purchase will be made in accordance with the Legislative Council’s purchasing policy with the capital costs deducted from the member’s LSA.. Call costs may also be deducted from the LSA. All service/maintenance issues will be the responsibility of the member with expenses able to be reimbursed from the member’s LSA.

Members may make their own arrangements with the carrier of their choice. In these circumstances member may claim the cost of calls from their LSA but may not seek payment or reimbursement of any capital costs. All service/maintenance issues will be the responsibility of the member.

4.35 In both circumstances the Legislative Council will be unable to supply the member with a mobile phone until the next replacement program.

4.36 Legislative Council mobile phones are supplied with a hands free kit. One replacement hands-free kit may be issued during the life of the phone following loss or damage.

4.37 Full car kits may be purchased from a member’s LSA. Arrangements should be made through the Members’ Services section.

4.38 The Legislative Council will replace one mobile phone during the term of issue following loss or damage. All lost or stolen portable equipment is to be reported to the NSW Police as soon as practicable after the loss or theft is discovered. The loss or theft must then be reported to the Members’ Services section so that an insurance claim form can be forwarded to the member and the necessary administrative procedures put in place.

4.39 In the case of loss or theft it is of particular importance that members contact Telstra as soon as possible so that the number can be blocked and unnecessary costs avoided.

4.40 Difficulties or faults relating to the Legislative Council mobile phones should be reported to the Members’ Services section on ext 3041.



Home phone

4.41 The parliamentary business use component of the following telecommunication services are eligible for reimbursement:

Directory assistance charges

Call connect charges

Messagebank

Call waiting

Call forward/diversions

Last unanswered call recall

Telephone directory charges for home phone listings (which are in addition to the standard free entry)

Fax line

4.42 Members may have a fax line installed at their home office. 100% of fax costs incurred for parliamentary business are reimbursed, however, members are required to meet the cost of all overseas calls, other charged information/service calls, reverse charge calls and home-link Telecard calls.

Data line

4.43 Members may have a separate data line installed in their home. This allows members to connect to the parliamentary network and through it the internet.

4.44 Call and rental charges relating to a data line installed at a member’s home office are reimbursed at a rate of 100% subject to the line being used for parliamentary duties.

Websites

4.45 One of the most common contemporary uses of the communication-electronic entitlement is to have a website designed, hosted and maintained by an external provider. It is recommended that members’ seek quotes for this service as industry standards vary considerably. Quotes should clearly identify both initial set-up costs



and recurrent costs. It is recommended that members consult with the Members Services before embarking on this process.

4.46 Members who receive approval for the development and hosting costs associated with a website must provide their web address and maintain the website according to the provisions of the Tribunal. Links to the websites of political parties and to other sites are permissible.

Transport

Travel general

4.47 When travelling for parliamentary duties members’ may use any mode of transport, such as taxis, hire cars and charter flights.

4.48 Members are to ensure that records are kept which document all travel and show any evidence of having stayed overnight in commercial accommodation.

4.49 A member and his or her approved relative and staff employed by the Legislative Council on behalf of the member may claim reasonable actual accommodation and meal expenses from the LSA. 69 These expenses will be reimbursed up to but not exceeding the travel allowance rates determined for Group 3 of the table outlining ‘Travelling allowance – indicative upper limits for travel expenditure’ in the Determination found at Appendix B.

Air travel

4.50 The LSA provides for all travel, other than Member Electorate to Sydney travel, taken within Australia by a member, his or her approved relative or parliamentary staff employed on a member’s behalf in the course of parliamentary duties. The only exception to this is travel undertaken for the purpose of staff training70. A member and his or her approved relative or member of staff employed by the Parliament may travel together or separately in connection with parliamentary duties.

4.51 When travelling on parliamentary business either intrastate or interstate the cost of the airfare will be deducted from a member’s LSA. For all travel intrastate, to the ACT, to Victoria and to Brisbane

69 Refer Appendix A: Definitions

70 Refer to Chapter 5: ‘Staff’



members must travel by economy class. For all other destinations within Australia the member may travel by business class.

4.52 All air travel must be booked through the government contract holder of the day. Presently this is Qantas Airlines. A member may travel on the carrier of their choice but this must be booked through the Qantas corporate account.

4.53 Personal travel must not be booked using the corporate profile number. This account attracts discounts negotiated under the Government contract. These discounts are not available to members when making bookings in a private capacity. It is not appropriate to use the official corporate account for personal travel and benefit.

4.54 The procedure to book a flight for parliamentary business is as follows:

1. Contact the QANTAS Government Travel Centre on phone: 1300 659 747

2. Listen to the recorded message and select for Domestic Travel

3. Corporate Profile 401 615

4. Account Number 02 200869

4.55 On completion of travel, members must certify that the travel was taken and that it was for parliamentary duties. To do this members must supply a completed claim form (LSA-002C), with boarding passes attached, to the Members’ Services section as soon as practicable after the flight is taken. In the event that boarding passes are mislaid a member should send a signed form and a copy of the itinerary issued by Qantas. This should be the exception rather than the rule.

4.56 This procedure ensures that all flights are correctly invoiced by Qantas and payments are made only for flights taken by members.

4.57 Members accessing discounted fares should be aware that flights are only paid from the LSA once the travel is taken. If a non-refundable fare is booked and travel not taken the member will be personally responsible for the cost of the flight.

Air Charter travel

60


4.58 Charter transport may be used in connection with parliamentary duties. No passenger other than the member, an approved relative, or staff employed by the Parliament, may be carried at the cost of the member’s LSA.

4.59 The member responsible for organising a charter must obtain a passenger manifest from the charter operator. This is to be attached to the original tax invoice and claim form when submitted for payment to the Members Services section. All members present on the flight will need to submit a separate claim.

4.60 Total charter costs are to be apportioned between members according to the passenger manifest.



Travel (Private vehicle)71

4.61 For information on the necessary insurance provisions relating to the use of private vehicles for parliamentary duties refer to chapter 3 General administrative guidelines.

Kilometre allowances

4.62 In correspondence from the Tribunal the Presiding Officers have been given the responsibility for setting a kilometre allowance rate for use of private motor vehicles by members, their approved relatives or staff.72 The Presiding Officers have approved that the current NSW public sector rate will apply when travelling in connection with parliamentary duties.73

4.63 The full kilometre distance will be paid (subject to verification of the kilometres claimed) for intra or interstate travel and deducted from the members’ LSA.

4.64 For audit purposes all claim must be accompanied by a copy of the car registration papers, if not already provided, when lodging a private motor vehicle claim to verify engine capacity. If a different motor vehicle has been used, claimants must also provide a copy of those registration papers.

4.65 Substantiation is required to verify travel. This may be a receipt for goods purchased showing time, date and location; an invitation to a function; an e-mail from a host regarding attendance, or an agenda of the meeting that was attended.

4.66 When submitting a claim, members must record on the claim form the actual kilometres travelled as recorded on the car odometer. Members should include all component parts of the journey on the claim form.

Travel (Rental Vehicle)

4.67 Reimbursement for travel by rental vehicle is calculated according to the cost of renting the vehicle. This includes petrol expenses provided a receipt is submitted with the claim.

71 Refer Chapter 2, Overarching Guidelines

72 Parliamentary Remuneration Tribunal, Annual Report and Determination, August 2001, p 4.

73 Refer to the parliamentary intranet for a link to the website detailing these rates.

62Last updated: 19 May 2004


4.68 The kilometres travelled must be reasonable for the journey taken. If a member has included any private use during the time of the car rental this will be excluded from the reimbursement.

4.69 Providers are listed on the Government contract and provide discounted rates to members. Details of the contact numbers and booking codes for these companies may be found on the parliamentary intranet under Members – Members’ Entitlements – Members’ Guide – Car rental, approved suppliers.

Taxi travel

4.70 Non-metropolitan members (ie those residing in Category 1 or 2 electorate) are able to use taxis to travel from their Sydney accommodation to Parliament House and back. This on the basis that members are away from home and this is an added expense incurred in the pursuit of their parliamentary duties. Members who reside in the metropolitan area are not permitted to use taxis to travel from their residence to Parliament House and back on the basis that this type of travel attracts fringe benefits tax liability for the Parliament.

4.71 Notwithstanding these conditions, any member may utilise taxi transport to travel home if the House sits beyond 8:00 pm. If the House sits beyond midnight and is to sit on the subsequent day, members may also return to Parliament House by taxi. The Legislative Council may issue a CabCharge docket upon request. The taxi fare and the 10% service charge will be met from the members’ LSA.

4.72 Members may pay for taxi travel by cash or credit card and submit the receipt for reimbursement or establish their own CabCharge account.

4.73 It is acceptable for members to submit self-handwritten butts when paying fares by credit card as this practice is consistent with that applying throughout the taxi industry. The Legislative Council can process members taxi claims where credit card receipt butts are supplied up to the value of $49.99 without a credit card statement. Reimbursement of fares which total $50.00 or greater will require the member to submit a tax invoice.74

74 A New Tax System (Goods and Services Tax) Act 1999.

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Staff travel

4.74 Members’ staff employed by the Parliament who are required to travel either with the member or separately on parliamentary business may have their travel paid or reimbursed through the member’s LSA.

4.75 When booking air travel the same procedures are to be followed as when booking travel for a member.

4.76 Staff who travel on parliamentary business with or on behalf of a member may claim sustenance from the member’s LSA. This is either paid at the current public service rate or for actual expenses incurred for meals and accommodation up to that amount. Travel allowances are paid in accordance with the appropriate Public Service Award conditions.75

4.77 Staff travelling with a member on parliamentary business are entitled to their own accommodation where overnight stays are involved.

Parking costs

4.78 Members may claim airport parking when travelling on parliamentary business.

4.79 For information about parking at Parliament House refer to Chapter 12.

Printing and Stationery

4.80 Expenditure may be used for the following purposes:

All stationery costs either directly from Parliamentary Printing Services or external providers.

Courier and freight charges for delivery of stationery or equipment to home office.

Christmas cards – either commercially available or privately designed and printed. For personally printed cards a copy of the card is to be sent with the claim.

75 www.premiers.nsw.gov.au



Business cards – as long as these are sent to the Members’ Services section for prior approval. These must be for parliamentary duties and relate only to the member as a Member of the Legislative Council or be for staff employed by the Parliament on behalf of the member.

65


Advertising

4.81 Members may place advertisements in journals or local and regional newspapers to inform constituents of impending tours and their availability for interviews.

4.82 This is subject to the following guidelines:

The advertisement is not for political campaigning or electioneering purposes.

If the name of more than one member appears in the advertisement the cost is to be shared equally between the members.

For payment or reimbursement of the account a copy of the advertisement is to be submitted with the claim form.

Photocopying

4.83 Copy charges applying to copiers located at Parliament House and a member’s home office are to be met from the LSA.

4.84 The cost of toner that is not covered under the standard copy charge agreement for home office copiers is also met from the LSA.

Printing

4.85 The purchase of printing services is subject to the Parliament’s purchasing policies.

4.86 Printing jobs can be done by:

Parliamentary Printing Services (PPS) at Parliament House,

An external provider organised by PPS, or

External provider organised directly by the member.



4.87 As well as the guidelines contained in the determination there are specific guidelines relating to publications.76

4.88 Once printing work has been undertaken an original copy of the final printed article is to be supplied with the original tax invoice and claim form as well as any quotation for the work.

76 Refer to Appendix F for further information.



Chapter 5Staffing matters

This chapter aims to assist members with the management of their staff. It contains information ranging from engaging a new staff member, staff management, training and development and the code of conduct for staff. It is a quick reference guide to staffing matters.

Staffing provisions5.1 The determination provides the level of staffing. Each member of the

Legislative Council who is not a Minister shall be entitled to one staff member while each member who is not a Minister and is elected as a cross bench member shall be entitled to two staff members.

Managing staff

Assistance – who to contact

5.2 Members requiring advice or assistance with:

Recruitment of temporary or permanent (on probation) staff

Leave entitlements and conditions of employment

Induction

Training courses

5.3 Should contact the Legislative Council Administration section in Room 824 or on ext. 2320.

5.4 Members requiring advice or assistance with:

Staff management

Employee Assistance Program

Code of Conduct for staff

Occupational Health & Safety

Industrial matters

5.5 Should contact the Project Officers in Room 829c or on ext. 2824 or ext. 2330.



5.6 The Clerk Assistant – Procedure & Administration can also be contacted in Room 826 or on ext. 2323, regarding any of the above matters.

Employment of staff5.7 When recruiting new staff members should consider exactly what

experience and skills are required and ensure a complete assessment is undertaken of the potential employees. If you do this it is more probable that the right person for the job will be selected. Selection of staff should always be on the basis of merit principles. That is, the person selected should have the skills, knowledge and experience best matched to the job requirements.

Recruitment

5.8 There are 2 ways to recruit staff:

Identify a suitable person

Advertise the vacancy.

Identify a suitable person

5.9 The following documents will need to be obtained:

A resumé

Relevant educational qualifications

Date of birth and

Evidence of permanent residency status if not an Australian citizen.

5.10 To evaluate an applicant’s ability to do the job and satisfy requirements:

Evaluate their attitude, personality and appearance as well as team work, initiative and research capabilities

Confirm and expand upon details provided in the application form or resumé

Obtain a clear indication of the applicant’s normal job behaviour and relate it to the responsibilities and duties of the position.

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Advertise the vacancy

5.11 Where a member wishes to advertise a vacancy the Legislative Council Administration section will assist members with:

Drafting and placing advertisements

Receiving and acknowledging applications

Participating in the selection process

Notifying applicants of the outcome.

5.12 The member should be aware that the Legislative Council will not meet the costs of advertising. Members will need to pay for external advertising from the Logistic Support Allocation.

Employment options

5.13 Members need to consider the basis of the employment when filling a vacancy. The options are:

Temporary employment

5.14 Staff can be recruited on a temporary basis for an initial period of up to 6 months. It is suggested a period of up to 3 months be used to start with and consideration be given to extending the employment for a further 3 months, conduct, if attendance and work performance meet the standards required by the member. However, if unsure about the person the member may wish to advise the Clerk that they wish to extend the probationary period by another 3-6 months.

Appointment on probation

5.15 Staff can be appointed on probation for a standard period of 6 months. If conduct, attendance and work performance have been satisfactory, it will be expected that the member would then recommend permanent appointment.

Full-time or part-time employment



5.16 Any vacancies can be filled on a full-time (35 hours per week) or part-time basis (less than 35 hours per week) or job share basis. A number of employees can share a position where the total number of hours does not exceed 35 hours per week. The member needs to assess the allocation of office space, equipment and resources when considering part-time arrangements as no extra resources are provided to accommodate persons in share situations.

Recommendation to the President

5.17 The President’s approval is essential before a person commences duty.

5.18 Once a suitable candidate has been chosen, the documentation (i.e. resumé, educational qualifications, residency status and date of birth), together with the completed ‘Request for Employment – Secretary/Research Assistant’ form (an electronic copy is available on the intranet), should be sent to the Clerk of the Parliaments who will arrange approval for employment by the President. The recommended commencing salary rate should accord with the ‘Recruitment and Determination of Salary for Members’ Secretary/Research Assistants’ policy (available on the Intranet).

5.19 Once the President has formally approved the member’s recommendation to employ new staff, the member can make a verbal offer of employment. A written offer will then be prepared and sent by the Legislative Council Administration section.

5.20 The Administration section will arrange for new staff to attend a pre-placement medical examination and will request a criminal records check from the NSW Police.

Induction5.21 A good induction program will give new staff an effective

introduction into the workplace. Benefits include:

Helping new staff to settle in and become productive more quickly

Reducing the stress and anxiety associated with a new job

Improving staff morale

Decreasing levels of absenteeism and staff turnover.



5.22 If the person reports directly to their member on their first day of duty, please arrange for them to meet with the Legislative Council Administration section for an induction. This induction includes organising a security pass, discussion about payment of salary, and explanation of their conditions of employment in the Legislative Council.

5.23 All staff will be issued with the Staff Induction Handbook and be given a checklist titled ‘Secretary/Research Assistants’ Orientation Checklist’. The member is required to discuss the employee’s job responsibilities (including specifications in relation to staff outlined by the PRT determination), expectations, hours of duty and any confidentiality issues with new staff, and sign off the appropriate section of the checklist.

5.24 Staff will be provided with copies of other documents such as:

Position Description for Secretary/Research Assistants

‘Separation from Service Policy’ for Members’ Secretary/Research Assistants, and staff of the President.

‘Staff Code of Conduct’

‘Grievance and Dispute’ – summary of the Parliament’s policy

‘Employee Assistance Program’

5.25 All of the Legislative Council and Parliament’s corporate and administrative policies can be found on the Parliament’s intranet.

Staff management5.26 In the first week of commencing employment, new staff should be

informed of the member’s expectations in terms of work performance, behaviour, attendance and general conduct.

Temporary employees

5.27 Temporary staff are normally engaged to provide assistance where permanent staff are on leave.

Appointment on probation

5.28 Permanent staff will be appointed on probation for a period of 6 months. Throughout this 6 months, the member should review the



employee’s performance in relation to the position description and specific work responsibilities/requirements, to evaluate their level of performance. The member will be required to report on the employee’s performance before a recommendation for permanent appointment is forwarded to the Clerk of the Parliament for the President’s approval. If the member is still unsure they may advise the Clerk that there is a need to extend the probationary period by a further 3-6 months.

Poor performance/unsatisfactory attendance, conduct & services

5.29 If at any time the work performance, attendance or conduct and services of the staff member is unsatisfactory, the member must document the situation and discuss expectations and strategies to improve the situation with the staff member. This should be reviewed at regular intervals, for example, each Monday morning.

5.30 If there is a lack of documentary evidence, detailing the nature of the problem and any efforts made to address the situation, it is very difficult to discipline or dismiss staff, whether they are employed on a temporary basis or permanent on probation.

5.31 The member should consult with the Clerk Assistant – Procedure & Administration to discuss strategies for managing staff with poor performance, unsatisfactory attendance or conduct and services. Any consultation should be undertaken immediately, as early strategies to address problems are more likely to succeed.

Training and development

5.32 Staff should be encouraged and allowed to attend training where considered relevant to their current position. There are many in-house and external courses offered which can assist staff in the performance of their duties, which in turn will assist in managing a member’s office.

5.33 The Legislative Council offers a program of procedural seminars for members and staff each year on topics such as the Standing Orders, Business Paper: How it Works, Day in the Life of the House, and Passage of Legislation/Amendments to Bills in Committee.

5.34 The member should discuss the training and development needs of staff regularly (at least every 6 months) and arrange for attendance at relevant courses. The Legislative Council Administration section can assist in identifying suitable training available. Application forms (‘Nomination for course/conference/seminar’) are available from the



Administration section or can be printed from the Parliament’s intranet.

5.35 The Legislative Council offers financial study assistance and study time for those staff undertaking relevant part-time study at tertiary institutions. Details are available on the intranet.

Leave management and attendance

5.36 Hours of duty – staff are advised in their offer of employment letter, that they work a standard 35 hours per week – Monday to Friday from 9.00 a.m. to 5.00 p.m. (or as directed by the member, for example, on sitting days), less 1 hour for lunch daily. If staff are regularly late for work or late back from lunch the member should discuss this matter with them. Members’ staff receive an annual all-incidence allowance as compensation for additional hours worked. No overtime is payable.

5.37 Applications for leave – should be submitted in advance, except where the absence is unplanned eg: sick leave. Once recommended by the member, the form should be sent to the Legislative Council Administration section to arrange approval and processing.

5.38 Unplanned absence – if staff are absent from work due to illness or family matters, etc, they should contact the Legislative Council Administration section, who will arrange for the Legislative Council Attendants to attend to telephone calls and enquiries.

5.39 Sick leave policy – the member will be notified when staff have been absent on 5 occasions, unsupported by a medical certificate within a 12 month period. It is the member’s responsibility to interview them about their record and determine the appropriate action to be taken.

5.40 Recreation leave – staff must take at least one period of 2 weeks continuous leave every year.

5.41 Compulsory leave – all staff are required to take leave between Christmas and New Year, as Parliament House is closed at this time each year.

5.42 There are other types of leave available such as Family and Community Service, Personal/Carer’s, Extended, Maternity, Adoption, Parental, Special Purpose, Military, Study and Leave without pay. Staff are advised of their leave entitlements at induction.



5.43 Note: Replacement staff can be employed to cover staff absences if the member has one (1) established Secretary/Research position only. An interim policy is currently being developed.

5.44 Taxis - staff who are required to work beyond 8.00 pm in connection with the sitting of the House will be entitled to take a taxi home to any destination within the Sydney Metropolitan Transport District. Cab charge vouchers are available from the Procedure Office or the Legislative Council Attendants at the Front desk. In the case of share positions, only the staff member employed to work on the afternoon of the day the House sits is entitled to a Cabcharge voucher.

Occupational health and safety5.45 To ensure the workplace is safe and without risk to health, the

Legislative Council will:

Make sure there is adequate occupational health and safety training and job training for all staff

Investigate and follow-up health and safety issues and report any action taken

report any unsafe acts and practices in Parliament House to the Occupational Health & Safety Committee.

5.46 Members have the responsibility to observe the workplace under their control and bring any safety or occupational health issues (eg. faulty wiring, poor lighting, broken chairs, etc) to the attention of the House Officer (ext. 2608) or the Clerk Assistant – Procedure & Administration, as soon as they become aware of them.

5.47 Where staff have an accident at work or on their journey to and from work, an ‘Accident Report Form’ (available form the Parliamentary Officer – Administration) must be completed and sent to the Administration section. If there has been an injury as a result of the accident, a ‘Workers Compensation Claim’ form should be completed by staff, with the appropriate WorkCover Medical Certificate and ‘Application for Leave’ form attached.

5.48 The member should liaise with either the Legislative Council Administration section or the Parliament’s rehabilitation coordinator (ext. 2989) to determine whether referral to the Parliament’s medical provider is necessary.

Employee Assistance Program



5.49 The Parliament recognises that its employees are people with important relationships and interests beyond the time they spend at work each day. It is also recognised that sometimes staff face problems at home or at work which can make life difficult, which may affect health, well-being and job performance.

5.50 A free, professional, confidential counselling and consulting service is provided for all staff, their immediate family members and people in close relationships with them. A 24 hour telephone counselling service is also available. Refer to Appendix E for the counselling service’s number.

5.51 Trauma counselling is also provided by the Employee Assistance Program, in the event of staff dealing with sudden death, major accident or incidence of violence. In cases where trauma is involved, please contact the Clerk Assistant – Procedure & Administration as a matter of urgency, as assistance can be provided within 2 hours.



Code of Conduct for staff5.52 The Code of Conduct for staff is an expression of ideals for an

effective ethical culture for staff. This code is intended to:

Provide practical assistance for staff faced with ethical challenges

Assist staff to recognise an ethical dilemma in their work

Outline for staff the values which should inform their actions and decisions.

Obligations of staff to members5.53 In the performance of their duties and responsibilities staff also have

obligations to members. These include:

Performing their duties in accordance with their position description and work plan

Informing the member if they need training

Cooperating fully in ensuring their own work environment is safe and healthy

Cooperating and participating in directives given by members and senior management in maintaining a healthy and safe work environment

Giving adequate notice when requesting leave

Contacting their member as soon as possible on any day they cannot report for duty

Reporting any accident or injury and completing an ‘Accident Report Form’ or ‘Workers Compensation Claim form’, where appropriate

Ensuring adherence to the Code of Conduct for staff.



Anti Discrimination Act 19775.54 The Anti-Discrimination Act 1977 (NSW) (ADA) makes it unlawful to

discriminate against a person on various specified grounds, such as race, sex, or marital status, in the course of various specified activities.

5.55 Of the grounds for anti discrimination outlined in the Act the only ground with specific provisions for members of Parliament is that of sexual harassment.

5.56 As with the other grounds of discrimination under the Act, liability for sexual harassment arises only if the conduct occurs in certain contexts, such as in the course of employment, or the provision of accommodation, or the provision of goods and services.

5.57 The relevant provisions of the Act are subsections (7) and (10) of section 22B. Subsection (7) provides that it is unlawful for a member of either House of Parliament to sexually harass a ‘workplace participant’ (eg a staff member) or another member of Parliament, or for a workplace participant to sexually harass a member. Subsection (10) specifies that ‘workplace’ includes the whole of Parliament House, any ministerial office or electoral office of the member, or any other place that the member otherwise attends in connection with his or her Ministerial, parliamentary or electoral duties. In addition to this direct form of liability of members, if sexual harassment were to be perpetrated by an individual on a member’s staff, it is possible that the member concerned may be liable under section 52 of the Act. Section 52 provides that it is unlawful for a person to ‘cause… or permit another person to do an act that is unlawful by reason of a provision of this Act’. In this regard, the NSW Law Reform Commission has observed:

In so far as they [Ministers and members] have control or exercise power in the workplace, and thereby cause or permit discriminatory conditions of employment to arise, liability would be attracted by the provisions of the ADA [under section 52].77

5.58 No special rules apply to proceedings involving members under the Act to ensure the protection of parliamentary privilege or of confidential or sensitive documents. If proceedings were to be taken against a member under the Act, and the Board or tribunal were to seek to access or rely on material or documents in the member’s

77 NSW Law Reform Commission, Report 92, Vol 1, November 1999, paragraph 4.52, and footnote 38.

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possession, and those documents or material formed part of proceedings in Parliament or were necessarily incidental thereto, it would be appropriate for the member to claim privilege in respect of that material. Such a claim would appear to be supported by Article 9 of the Bill of Rights 1688, which applies in NSW by virtue of section 6 and Schedule 2 of the Imperial Acts Application Act 1969.

5.59 For further information about the ADA and how it applies to members, guidelines issued by the Anti Discrimination Board on harassment and discrimination can be found on the Parliaments intranet site. Also on the intranet site is the Parliament’s Equal Employment Opportunity Policy.

Staff and members’ entitlements5.60 Further information concerning staff, their employment when

standing for Parliament and use of a member’s entitlements, can be found in Chapters 4 and 9.

For further information

5.61 Most of the policies relating to personnel and administrative matters can be found on the Parliament’s intranet. Go to the Legislative Council home page and then select ‘Policies and Forms’. All of the policies detailed in this area relate to Legislative Council staff. Parliament-wide policies are indicated next to the name of the policy in brackets, otherwise the policies relate to Legislative Council staff only.


Further reading …

The Code of Conduct for staff (available on the intranet). Recruitment and Determination of Salary for Members’

Secretary/Research Assistants’ policy (available on the intranet). Staff Induction Handbook. Harassment Free Workplace (parliament wide) policy (available on

the intranet). Internet and E-mail Usage (parliament wide) policy (available on the


Chapter 6Equipment and Facilities

Introduction

The determination states that Parliament is to provide members with certain equipment, services and facilities necessary to perform their parliamentary duties.

It should be clearly understood that the equipment, services and facilities represent another class of additional entitlements and, as such, are governed by the same conditions as all other additional entitlements. In particular, members should be careful not to use any of these resources for purposes other than those for which they are provided. It is, for example, the responsibility of the member to clearly identify the difference between parliamentary business and party business and to ensure that the resources are not used inappropriately. In this regard, members should refer to the framework for members’ entitlements and the overarching entitlement guidelines as described in Chapters 1 and 2.

Facilities at Parliament House

Office

6.1 Each member is provided with an office at Parliament House. Rooms are allocated by the Clerk following consultation with the Government and Opposition whips and individual members of the cross bench. All room allocations require the approval of the President who holds ultimate authority for the matter.

6.2 Members’ have certain standard furniture and equipment including desks, chairs, television and VCR, built in refrigerator and a sofa bed. Additional furniture may be available on request to the Manager, Parliamentary Building Services (ext. 2257) following prior approval from the Clerk. Alternatively, members may purchase extra standard office furniture (for example, bookcases) from their Logistic Support Allocation (LSA) following written application and approval from the Clerk.

Telephone/facsimile lines

6.3 Members are provided with one telephone extension. A further telephone extension is provided for each full time equivalent member



of staff employed by the Legislative Council on behalf of the member.78 A further phone line can be supplied to operate a facsimile machine in the member’s office on request. Extra telephone lines are not available.

6.4 Any member wishing to make an international call from Parliament House may book it through the parliamentary switchboard by dialling 9. The cost of the call will subsequently be charged to the member unless they are a recognised office holder and eligible for this class of call.

6.5 Voice mail is available to all members and staff via the PABX system. Applications for this service should be directed to the Manager, Parliamentary Building Services (ext. 2257).

Pager

6.6 Members are supplied with a pager that allows them to be contacted by their telephone extension. Pagers may only be accessed within Parliament House via telephone by dialling 7, then 3, then the desired extension, followed by either a coded message or the caller’s own extension number. The Whips use these pagers during sittings to summon members to the House for a division or quorum.

6.7 Pagers alarm by vibration, with messages displayed in the window. Up to ten messages can be stored. The pagers are issued and administered by Parliamentary Building Services. In the case of loss or faults, contact ext. 2444.

Television and Video Cassette Recorder

6.8 The television and VCR in Members’ offices are for use in the Parliamentary office only. Local channels and a variety of programs on Foxtel are viewable on these televisions. Members can arrange to have videos of news and current affairs programs relayed to their televisions from the Parliamentary Library or alternatively request a loan copy of the program from the Library. The media monitoring service in the Library (ext. 2448) can be contacted in this regard. The proceedings in the Legislative Council can be viewed on channel 5 and the Legislative Assembly on channel 4. In case of faults contact ext. 2444.

Loan of other Equipment

78 Extra services, facilities or equipment are not provided in the case of job share positions.

81


6.9 A portable television, VCR, overhead projector and viewing screens are available for use by members in Parliament House. To arrange for the loan of this equipment contact Chamber Support Services (ext. 2637) before 5:00 pm on any working day. The equipment is for use on the parliamentary premises only and must be returned to Parliamentary Building Services as soon as practicable after use.

Photocopiers

6.10 Photocopiers are located on level 11 for the use of members. One machine is provided for the exclusive use of Government members, one for Opposition members and one for cross bench members. A further machine is provided for use by all members.

6.11 The machines are accessed by using a personalised pin number obtained from Parliamentary Printing Services. Parliamentary Printing Services administers and maintains the equipment. The usage on the machine is read monthly and the relevant cost debited to each member’s LSA account. The copy charge covers consumables such as paper and toner. Use of the personalised pin number constitutes a member’s authority to deduct the costs incurred from their LSA. In case of difficulties or faults contact ext. 2026.

6.12 The photocopying machines are provided to assist members and staff with immediate short run copying facilities. The machines are not intended to accommodate large printing orders which should be referred to Parliamentary Printing Services.

6.13 Parliamentary Printing Services offer the following service:

Urgent jobs will be processed on a 4 hour turnaround, i.e. jobs presented at 9:00 am will be ready by 1:00 pm at the latest, jobs lodged by 5:00 pm will be ready by noon the following day.

Jobs which are extremely large or which have an added complexity, for example the need to remove a significant number of staples, will have a negotiated completion time.

Most other jobs will be processed within 24 hours.

6.14 Inquiries should be directed to Parliamentary Printing Services on ext. 2474.

Scanner



6.15 A computer with scanner is located in room 1101 for the common use of any member or member of staff employed by the Legislative Council. Difficulties or faults with the equipment should be reported to the ITS Help Desk on ext. 2339.

Folding machines

6.16 Three folding machines are provided on level 11 for use by members. One is allocated to the Government Whip, one to the Opposition Whip, with the third machine being located in room 1101 for use by cross bench members. Difficulties or faults should be reported to the Members’ Services section on ext. 3071.



Equipment6.17 Each member is issued with a standard set of equipment. This

consists of:

Facsimile machine

Computers (see below)

Printer

Mobile phone

Scanner

Desktop photocopier

Facsimile machine

6.18 A facsimile machine is provided for use in the member’s home office.

6.19 Each party group is provided with a party fax for use in Parliament House. If members require a facsimile machine in their own Parliament House office they may purchase one from their LSA.

6.20 Consumables may be obtained through Parliamentary Printing Services or through local suppliers. Difficulties or faults should be reported to the Members’ Services section on ext. 3071.

Computers

6.21 Each member is provided with a desktop computer. This may be deployed in the Parliament House or home office. Each member is also provided with a notebook computer. Each full time equivalent member of staff employed by the Parliament on behalf of the member is provided with one desktop computer.

6.22 All computers operate within a standard operating environment (SOE). This ensures that members and staff have a secure and stable computer environment in which to operate. This is readily supported and managed, resulting in reduced computer downtime and a corresponding increase in productivity.

6.23 The standard package of software provides for:

word processing (MS Word)



virus protection (Norton’s Anti Virus)

browser for internet and intranet (MS Internet Explorer)

mail and calendar (GroupWise)

contacts/correspondence tracking database (Lotus Notes)

reading pdf files (Adobe Acrobat)

connection to network (Novell Client).

6.24 This software is supported by the Information Technology Services (ITS) Help Desk.

6.25 Each member and member of staff employed by the Parliament is given an account which provides access to these applications from within Parliament House. External dial up access to the parliamentary network is restricted to members. Each computer user is issued with an identification (log in) which is then supplemented by an individually chosen password.

6.26 The following software packages have been tested for compatibility with the Parliament House SOE. Where required, licences may be purchased for installation on computers out of a member’s LSA:

spreadsheets (MS Excel)

databases (MS Access)

presentations (MS PowerPoint)

desk-top publishing (MS Publisher) — one per Member’s office

desk-top publishing (Pagemaker)

development and maintenance of web sites (Frontpage)

accounting (Quicken Personal Plus)

scanning (Hewlett Packard scanning software and Omnipage)

creation of pdf files (Adobe Acrobat) and

use of a digital camera (Canon Utilities, Photoshop).

6.27 Requests to purchase software should be addressed to the Members’ Services section. If further applications are identified as being required by a significant number of members they may be tested for



compatibility with the existing suite of software and added to the package.

6.28 While these applications are available, they are not supported by the ITS Help Desk. The nature of the SOE prevents users from loading other applications on to Parliament House computers.

6.29 Data ports are provided in Parliament House offices to connect to the Parliament’s secure computer network. One data port is provided for each member and member of staff. Difficulties or faults should be reported to the ITS Help Desk on ext. 2339.

6.30 Non-standard peripheral equipment may not be connected to parliamentary computers.

6.31 All members and staff should become familiar with the policy for the use of e-mail and storage of data policies, available on the intranet.

Printer

6.32 Each Parliament House office is provided with a high speed networkable black and white printer to accommodate the printing requirements of each workgroup (i.e. member and staff).

6.33 Recycled paper should not be used in these printers as it reduces the life span of the equipment.

6.34 Members are provided with a printer for use in their home office if requested.

6.35 Difficulties or faults should be reported to the ITS Help Desk on ext. 2339.

Mobile phone

6.36 The Legislative Council provides a mobile phone to all members with the exception of ministers, parliamentary secretaries and the Leader of the Opposition. These office holders are provided with a mobile phone through other budgets.

6.37 Mobile phones are acquired on 24 month contract arrangements with Telstra which provide access to business rates for call costs. These are significantly more cost effective than normal commercial rates. The Legislative Council offers a choice of two GSM models. Additionally, members who reside in zone 3 are also offered a choice of the GSM phone or a CDMA phone. The Legislative Council endeavours to match members to phones and plans that best suit



their requirements and which will optimise the discounts available. Members who accept a mobile phone from the Legislative Council agree to a 24 month contract that cannot be terminated prior to the agreed term.

6.38 If members consider that the hardware offered by the Legislative Council is not suitable for their requirements they may choose from the following options:

Members may select their own phone and submit their choice to the Legislative Council. The purchase will be made in accordance with the Legislative Council’s purchasing policy with the capital costs deducted from the member’s LSA.. Call costs may also be deducted from the LSA. All service/maintenance issues will be the responsibility of the member with expenses able to be reimbursed from the member’s LSA.

Members may make their own arrangements with the carrier of their choice. In these circumstances member may claim the cost of calls from their LSA but may not seek payment or reimbursement of any capital costs. All service/maintenance issues will be the responsibility of the member.

6.39 In both circumstances the Legislative Council will be unable to supply the member with a mobile phone until the next replacement program.

6.40 Mobile phones are supplied with a hands-free kit. One replacement hands-free kit may be issued during the life of the phone following loss or damage.

6.41 Full car kits may be purchased from a member’s LSA. Arrangements should be made through the Members’ Services section.

6.42 The Legislative Council will replace one mobile phone during the term of issue following loss or damage. All lost or stolen portable equipment is to be reported to the NSW Police as soon as practicable after the loss or theft is discovered. The loss or theft must then be reported to the Members’ Service section so that an insurance claim form can be forwarded to the member and the necessary administrative procedures put in place.

6.43 In the case of loss or theft it is of particular importance that members contact Telstra as soon as possible so that the number can be blocked and unnecessary costs avoided.

6.44 Difficulties or faults relating to Legislative Council mobile phones should be reported to the Members’ Services section on ext. 3041.

87


Scanner

6.45 Each member is provided with a scanner that may be used in the Parliament House or home office. Difficulties or faults should be reported to the ITS Help Desk on ext. 2339.

Desktop photocopier

6.46 Members are issued with one desktop photocopier for use in their Parliament House or home office. These machines have a copy charge agreement and the cost of usage is met from the LSA. The contractor (Canon) will request quarterly meter readings from members and is responsible for all service and maintenance of the equipment. Having obtained the reading Canon forward an invoice which should be claimed against the LSA in the normal manner. Difficulties or faults should be reported to the Members’ Services section on ext. 3071.

Supplementing Equipment

6.47 Members may supplement the standard issue of equipment in accordance with the determination and within the limits of the LSA funds.



Home office6.48 Members are entitled to three telephone lines in their home office if

required. These are for the purpose of telephone, facsimile and data connection to the Parliament’s secure computer network. If members require a line installed they should contact their service provider direct. The Legislative Council will meet the cost of installing three phone lines within a members place of residence. In addition, where a member moves during their term the Legislative Council will meet the costs of standard telephone line installations caused by this change.79

6.49 For the purposes of home office entitlements, the Legislative Council only recognises home offices established in a member’s principal place of residence. In this regard, Members should refer to the guidelines in Chapter 2.

Location / audit of assets6.50 An annual audit of assets is undertaken by the Legislative Council. In

this regard, members are required to certify that the assets issued to them are in their custody, at the location recorded in the assets database and are used for parliamentary duties in accordance of the provisions of the current determination.

6.51 To assist with audit procedures, assets should not be relocated without the prior agreement of the Legislative Council. In this regard, please contact the Members’ Services section.

6.52 All equipment issued to members’ remains the property of the Parliament and must be returned when due for replacement or upgrade or when the member ceases to hold office. Equipment is not transferable between members. This includes retiring members and members elect.

6.53 All equipment that is broken, faulty or considered redundant must be returned to the Members’ Services section for repair or disposal. Under no circumstances is equipment to be disposed of by the member or their staff unless prior written approval has been given.

6.54 The Legislative Council assets policy is available from the Parliament’s intranet.

79 The Legislative Council will only fund the installation of phone lines for one move during each Parliament.



Chapter 7Pecuniary Interests

The registration of members' pecuniary interests is governed by section 14A of the Constitution Act 1902 (NSW), and the Constitution (Disclosures by Members) Regulation 1983 (NSW). This chapter:

Defines pecuniary interests Outlines the historical background to the introduction of the

pecuniary provisions Summarises the key features of the Regulation and Provides members with information about how to register

their pecuniary interests.For detailed information about what pecuniary interests are and how to register them, please refer to the guide specific to this issue: Scheme of Disclosure of Pecuniary and other Interests of Members of Parliament – Explanatory Notes.80

What are pecuniary interests?7.1 The Australian Oxford Dictionary defines ‘pecuniary’ as:

…of, concerning, or consisting of money (pecuniary aid, pecuniary considerations)

7.2 In general terms pecuniary interests are financial interests. However, as made clear in this chapter, the registration of pecuniary interests by members of the NSW Parliament is not limited to interests that have a quantitative financial benefit for members.

How has the system of registering pecuniary interests developed?7.3 The first step towards a system of registration of members'

pecuniary interests in NSW was the appointment of a joint parliamentary committee in 1976 to inquire into the need for a register.

7.4 The committee’s final report (handed down in April 1978) recommended the establishment of a pecuniary interests register for the members of each House, to be compiled and maintained by the Clerk of the House, and oversighted by a joint parliamentary committee.

80 This document is obtainable from the Clerk’s Office.



7.5 In November 1979 both Houses of Parliament passed resolutions implementing the committee's recommendations, with some modifications. The resolutions established a pecuniary interests register for each House, and a committee in each House to administer the register and consider complaints.

7.6 However, some months after the resolutions had been passed by the Houses, doubts arose as to their legal validity. These concerns called into question the enforceability of the scheme, so both Houses rescinded the resolutions in November 1980.

7.7 On 13 April 1981 the Premier introduced the Constitution (Disclosures by Members) Amendment Bill. The Bill proposed the insertion of a new section in the Constitution Act 1902, section 14A, which would empower the Governor to make regulations to give effect to a pecuniary interests scheme for members. The new section included provisions giving power to both Houses to declare a member’s seat vacant if the member willfully contravened a regulation made under the section. As a consequence of the insertion of section 14A, the Bill also contained amendments to sections 7A and 15.

7.8 The Bill was passed by both Houses of Parliament on 12 May 1981, and was approved at a referendum held on 19 September 1981. The detail of section 14A (1-4) is set out below.

7.9 It is particularly important to note that section 14A (2) of the Act provides for a member’s seat to be made vacant where he/she has willfully contravened the Regulation.

14A Disclosure by members of pecuniary interests and other matters

(1) The Governor may, subject to subsections (4) and (5), make regulations for or with respect to:

(a) the disclosure by Members of either House of Parliament of all or any of the following pecuniary interests or other matters:

(i) real or personal property,

(ii) income,

(iii) gifts,

(iv) financial or other contributions to any travel,



(v) shareholdings or other beneficial interests in corporations,

(vi) partnerships,

(vii) trusts,

(viii) positions (whether remunerated or not) held in, or membership of, corporations, trade unions, professional associations or other organisations or associations,

(ix) occupations, trades, professions or vocations,

(x) debts,

(xi) payments of money or transfers of property to relatives or other persons by, or under arrangements made by, Members,

(xii) any other direct or indirect benefits, advantages or liabilities, whether pecuniary or not, of a kind specified in the regulations,

(b) prescribing the manner in which, and the times at which, pecuniary interests or other matters shall be disclosed and providing for the verification by statutory declaration or otherwise of any such disclosure, and

(c) the compilation and maintenance of registers of pecuniary interests or other matters disclosed by Members of either House of Parliament and the inspection and publication of any such register.

(2) If a Member of either House of Parliament wilfully contravenes any regulation made under subsection (1), that House may, in accordance with subsection (3), declare his seat vacant and the seat of the Member shall thereupon become vacant.

(3) A declaration under subsection (2) shall:

(a) specify the circumstances that constitute the contravention,

(b) declare that the House is of the opinion that the contravention is of such a nature as to warrant the seat of the Member being declared vacant, and

(c) be made in accordance with such Standing Rules and Orders of the House as may regulate the making of the declaration.



(4) A regulation shall not be made under subsection (1) for or with respect to the disclosure by Members of either House of Parliament of pecuniary interests or other matters unless it applies in the same way to the disclosure by Members of the other House of Parliament of pecuniary interests or other matters.

Constitution (Disclosures by Members) Regulation 19837.10 There are two types of returns specified in the Regulation – primary

returns and ordinary returns.

7.11 Primary return — refers to the first return made by a member. With respect to members who held office on 30 June 1983, the primary return relates to their interests as at 30 June 1983. With respect to a member who first gained office after 30 June 1983, the primary return relates to the member’s interests at the date on which he or she takes and subscribes the oath, or makes the affirmation required under section 12 of the Constitution Act.

7.12 Ordinary return — refers to the annual return lodged with the Clerk. Generally, the annual return relates to the member’s interests for the 12 month period ending 30 June of each year and must be lodged with the Clerk by 1 October each year.

7.13 Where the previous return was a primary return, the return period is the period commencing on the day after the primary return date and ending on 30 June in that particular year. Where the primary return date is in the period 1 May to 30 June, the member is not required to lodge an ordinary return for that same year.

Register of Disclosures

7.14 The Clerk is required under clause 17 to compile and maintain a register in respect of disclosures of pecuniary interest and other matters made by members of the Legislative Council made under the Regulation – the “Register of Disclosures by Members of the Legislative Council”.

7.15 The register comprises the returns lodged by members within the previous eight (8) years. The register is open to public inspection at the office of the Clerk during specified hours, and is to be open to inspection by members during the additional hours when the House is sitting. The Clerk is required to table a copy of the register (a) within 21 sitting days after the last day for lodgement of primary returns, and (b) within 21 sitting days after the last day for

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lodgement of ordinary returns that form part of the register not previously tabled.

7.16 Members’ primary and ordinary returns are the only form of return required or permitted by the Regulation – the need for supplementary returns by members was not anticipated in the Regulation. The practice of the provision of additional information by members who wish to add to or correct their primary or ordinary returns was adopted early in the administration of the register. This additional information is not tabled in the House, although it is filed in the register with the member’s return for the relevant year. As a result of this practice the additional information is open to public inspection as part of the compiled register.

7.17 The matters that are required to be disclosed are listed and defined in Part III of the Regulation. The categories under which interests must be disclosed are:

Real property (clause 8) Real property refers to land/houses (real estate). Members are required to list all property in which they have an interest — financial or otherwise.

Sources of income (clause 9) Income refers to assessable income within the meaning of the Income Tax Assessment Act 1936 (Cmth).

Gifts (clause 10) Gifts include any disposition of property to a member, whether in money or in some other form where the value exceeds $500.00 (five hundred dollars).

Contributions to travel (clause 11) It is necessary for members to disclose any financial or other contributions to travel, whether within Australia or in overseas countries, including contributions to accommodation incidental to a journey.

Interests and positions in corporations (clause 12) Interests in corporations will in most circumstances relate to stocks, shares or debentures. However, members are also required to disclose any positions held in a corporation, even if the position is honorary.

Positions in trade unions and professional of business associations (clause 13) The term ‘position’, as with corporations, implies more than just membership and includes honorary positions which attract no remuneration.



Debts (clause 14) Members must disclose all debts over $500.00 (five hundred dollars), whether or not the debt is discharged by the ordinary return date.

Dispositions of property (clause 15) Under this requirement, members must disclose details of any property which they disposed of during the ordinary return period, but only if there is any right for them to continue to use or benefit from the property, or if there is a right for them to reacquire the property at some later time.

7.18 In addition, clause 16 provides for discretionary disclosures by members of any direct or indirect benefit, advantages or liabilities, whether pecuniary or not which are not required to be disclosed under clauses 8 to 15 and which the member considers may appear to raise a conflict between his or her private interests and his or her public duty as a member or which he or she otherwise desires to disclose.

7.19 Under clause 22 members must lodge returns even if they do not have any interests to disclose.

How do members register their pecuniary interests?

7.20 Members register their pecuniary interests with the Clerk of the Parliaments.

7.21 Under clause 6 of the Constitution (Disclosures by Members) Regulation 1983 (NSW), members are required to lodge with the Clerk before 1 October each year an Ordinary Return for the period of twelve months ending 30 June each year.

7.22 To do this members need to complete form 2 Ordinary Return B Legislative Council. A sample of this form is provided at Appendix C: Forms.

7.23 New members are required to lodge a primary return with the Clerk within three months after the date on which they take the oath or take the affirmation required by s12 of the Constitution Act. To do this members need to complete form 1 Primary Return B Legislative Council. A sample of this form is provided at Appendix C: Forms.




7.24 It is important with regards to registering pecuniary interests that members are conversant with the Legislative Council publication: Scheme of Disclosure of Pecuniary and other Interests of Members of Parliament – Explanatory Notes as it provides detailed information about this area. However, if further information is still required members may wish to contact the Office of the Clerk on ext. 2321, or seek their own legal advice.


Further reading …

Legislative Council, Code of Conduct for Members, 1999. (The Code appears in full at the front of this Guide).

Constitution (Disclosures by Members) Regulation 1983(NSW).

Standing Committee on Parliamentary Privilege and Ethics, Report on inquiry into the Pecuniary Interests Register, 31 October 2002.

Standing Committee on Parliamentary Privilege and Ethics, Report on inquiry into the Pecuniary Interests Register – Supplementary Returns, December 2002.

NSW Legislative Council, Scheme of Disclosure of Pecuniary and other Interests of Members of Parliament – Explanatory Notes, reprinted May 1996.

ICAC, Discussion paper on pecuniary interest provisions for Members of Parliament and senior executives, and a Code of Ethics


Chapter 8EthicsEthics is an overarching term describing the standards or principles which should underpin all decisions and behaviour of public officials. These principles aim to place public interest before all other interests. They include selflessness, integrity, objectivity, accountability, openness, honesty and leadership.81

8.1 As acknowledged in this quotation and discussed in Chapter 1, the basis of ethical behaviour for parliamentarians stems from the parliamentarian’s broadly accepted obligation to act in the public interest, and to prefer the public interest over their own personal interest whenever a conflict may arise. Members have a responsibility to maintain the public trust placed in them by performing their duties with honesty and integrity and to use their influence to advance the common good of the people of New South Wales.82

8.2 In many circumstances establishing whether this standard has been met is simple. For example, it is clearly unethical for a member to receive a financial benefit (beyond their official salary) as a consequence of their position as a member of Parliament.

8.3 However, in some circumstances the decision of whether or not a particular behaviour/outcome will be in the public interest may not be easily identifiable. Further, the relevant moral principles may change over time. For instance, over recent decades there has been a move towards accountability and transparency increasingly being seen as an essential ethical principle for all public officials.

8.4 The Code of Conduct for Members sets out a number of standards of ethical behaviour which all members are required to meet. If members are uncertain about the application of the Code to any particular issue, or of any other aspect of their role as a member, they can contact the Clerk of the Parliaments or the Parliamentary Ethics Adviser for assistance. The Code and the role of the Ethics Adviser are explained further in this chapter.

81 UK Committee on Standards in Public Life (UK): First Report, (Nolan Report), May 1995.




The Code of Conduct8.5 The Legislative Council and the Legislative Assembly have each

adopted the Code of Conduct for Members for the purposes of section 9 of the ICAC Act.

8.6 The Code consists of a preamble and 6 clauses:

Preamble

The Members of the Legislative Assembly and the Legislative Council have reached agreement on a Code of Conduct which is to apply to all Members of Parliament.

Members of Parliament recognise that they are in a unique position of being responsible to the electorate. The electorate is the final arbiter of the conduct of Members of Parliament and has the right to dismiss them from office at regular elections.

Members of Parliament accordingly acknowledge their responsibility to maintain the public trust placed in them by performing their duties with honesty and integrity, respecting the law and the institution of Parliament, and using their influence to advance the common good of the people of New South Wales.

1. Disclosure of conflict of interest

(a) Members of Parliament must take all reasonable steps to declare any conflict of interest between their private financial interests and decisions in which they participate in the execution of their office.

(b) This may be done through declaring their interests on the Register of Disclosures of the relevant House or through declaring their interest when speaking on the matter in the House or a committee, or in any other public and appropriate manner.

(c) A conflict of interest does not exist where the member is only affected as a member of the public or a member of a broad class.

2. Bribery

Members must not promote any matter, vote on any bill or resolution, or ask any question in the Parliament or its



committees, in return for payment or any other personal financial benefit.

3. Gifts

(a) Members must declare all gifts and benefits received in connection with their official duties, in accordance with the requirements for the disclosure of pecuniary interests.

(b) Members must not accept gifts that may pose a conflict of interest or which might give the appearance of an attempt to corruptly influence the member in the exercise of his or her duties.

(c) Members may accept political contributions in accordance with part 6 of the Election Funding Act 1981.

4. Use of public resources

Members must apply the public resources to which they are granted access according to any guidelines or rules about the use of those resources.

5. Use of confidential information

Members must not knowingly and improperly use official information which is not in the public domain, or information obtained in confidence in the course of their parliamentary duties, for the private benefit of themselves or others.

6. Duties as a member of Parliament

It is recognised that some members are non-aligned and others belong to political parties. Organised parties are a fundamental part of the democratic process and participation in their activities is within the legitimate activities of members of Parliament.

8.7 Clause 4 is particularly important because it expands the scope and operation of the Code of Conduct to incorporate various rules from other sources concerning members’ resources. As discussed in Chapter 1, this clause provides a link between the Code and the determinations of the Tribunal.83

8.8 If members encounter a dilemma or are unclear about how the Code of Conduct or the determination applies to a particular situation they should seek advice from the Clerk of the Parliaments or the Parliamentary Ethics Adviser.

83 Refer to Chapters 1, 2 and 3 for further details.

99


8.9 As discussed in chapters 1 and 10, a ‘substantial breach’ by a member of any provision of the code of conduct is one of the elements of ‘corrupt conduct’ under the ICAC Act.



Ethics Adviser8.10 Since 1998 the Legislative Council and the Legislative Assembly

have each year resolved to appoint a Parliamentary Ethics Adviser to assist and advise members of Parliament in resolving ethical issues and problems. The resolution of the Legislative Council appointing the current Ethics Adviser is available on the parliamentary intranet (select Legislative Council/Members Ethics).

8.11 The Parliamentary Ethics Adviser can advise members (on request) on their use of entitlements, for example, whether or not to use official letterhead, or the appropriate uses for allowances. In addition, the Adviser can provide advise on more difficult questions relating to the exercise of a member’s role, such as whether there is a potential conflict in undertaking particular duties.

8.12 The Parliamentary Ethics Adviser will base advice on the determinations of the Tribunal and the Code of Conduct adopted by the House, but is not able to give legal advice. The Adviser gives an opinion, rather than a ruling, and it is up to the member how or whether to adopt the advice given. 84

8.13 When establishing the position of Parliamentary Ethics Adviser, both Houses required that the Adviser keep a record of any advice given in response to a member’s request, and of the factual information on which the advice was based.

8.14 These records are kept confidential except that:

the Parliamentary Ethics Adviser may make advice public if the member who requested the advice gives permission for it to be made public;

the House can call for the production of records of the Parliamentary Ethics Adviser if the member to which the records relate has sought to rely on the advice of the Parliamentary Ethics Adviser or has given permission for the records to be produced to the House.

8.15 A written opinion on the issue raised will be provided to the member as quickly as possible, however on occasions there may be some delay in order for the appropriate research to be conducted. In particular, where there are grey areas or inconsistencies in the

84 Pamphlet, “Parliamentary Ethics Adviser”, Parliament NSW, January 2000.

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determination it may be necessary for the Adviser to make further inquiries. 85

8.16 Depending on the contents and availability of the Tribunal determination, the Parliamentary Ethics Adviser may identify other areas requiring specific rulings or guidelines before being able to give definitive advice. Identification of these types of problems was an intended function of the adviser’s role, and the consequential clarification of rules will assist members.

85 Pamphlet, “Parliamentary Ethics Adviser”, Parliament NSW, January 2000.




8.17 Depending on the advice or information sought you can contact either the Ethics Adviser (refer to the phone contacts list at Appendix E) or the Clerk of the Parliaments on ext. 2321.


Further reading …

Legislative Council, Code of Conduct for Members, 1999. (The Code appears in full at the beginning of this Guide)

The resolution appointing the Parliamentary Ethics Adviser. Available on the parliamentary intranet under Admin – Legislative Council – Members’ Entitlements – Ethics.

The most recent determination of the Tribunal. Carney G, Members of Parliament: law and ethics, Prospect, 2000. Standing Committee on Parliamentary Privilege and Ethics, Report

on Inquiry into the Establishment of a Draft Code of Conduct for Members, October 1996.

Standing Committee on Parliamentary Privilege and Ethics, Report on review of the Members’ Code of Conduct, December 2002.

Standing Ethics Committee, Review of the Code of Conduct, June 2002.

ICAC, Investigation into Parliamentary and Electorate Travel: First Report, 1 April 1998.

ICAC, Investigation into Parliamentary and Electorate Travel: Second Report Analysis of Administrative Systems and Recommendations for Reform, December 1999.

ICAC, Ethics the Key to Good Management, December 1998.


Chapter 9Entitlements during election periods

Introduction

This chapter provides members with:

General information about election processes and events.

Details about what happens to members’ salaries and entitlements during an election campaign period.

Particular guidelines for the use of members’ entitlements during an election campaign.

Information about parliamentary staff employment where staff members are standing for election.

Background9.1 The duration of a Parliament is fixed by the Constitution Act 1902 at

four years and is determined by the duration of the Legislative Assembly (s.24 Constitution Act – duration of the Assembly). The Legislative Assembly expires on the Friday before the first Saturday in March four years after the previous general election unless it is dissolved sooner by the Governor. An election for 21 Members of the Legislative Council, known as a periodic Council election is held at the same time as every general election for Members of the Legislative Assembly.

What happens after the Parliament expires or is dissolved?9.2 The Parliamentary Electorates and Elections Act 1912 states that:

the writs for Assembly general elections and for a periodic Council election are to be issued within 4 clear days after the expiry of the Assembly or the publication in the Gazette of the proclamation dissolving the Assembly,

the writs are to be returnable on a day within 60 days after the date of issue or to such later day as the Governor may direct by proclamation.



9.3 In the case of general elections for the Assembly, the writs are issued by the Governor and addressed to the returning officer in each Electorate District. In the case of periodic Council elections, one writ is issued to the Electoral Commissioner, who is the returning officer for the Legislative Council.

9.4 Each writ empowers the returning officer to conduct the poll. It specifies the last day for the nomination of candidates, the date of the poll and the date by which the writs are to be returned.

Key Election Events

Expiry of Parliament

Occurs on the last Friday before the first Saturday in March in the 4th year after the return of writs for the last general election.

Issue of Writs Occurs within four clear days after the expiry of Parliament by effluxion of time or the publication in the Gazette of a proclamation dissolving Parliament.

Close of electoral roll

At 6:00 pm on the day of the issue of the writs.

Polling Day Is the 4th Saturday in March following the expiry of the Assembly or, if the Assembly was dissolved, a day no later than the 40th day from the date of the issue of the writs.

Declaration of the Poll

Is announced after the votes are counted.

Return of the Writs

Writs are returnable no later than the 60th clear day after the date of issue thereof or such later day as the Governor may direct.

Last day on which the Parliament may meet

The 7th clear day after the day fixed for the return of the writs.

Members’ Salaries and Entitlements9.5 Although members are unable to meet collectively in Parliament

once it has expired, been dissolved or prorogued, members’ are still able (and expected) to undertake their constituent/electorate duties and responsibilities.

9.6 This is reflected in the fact that members continue to receive a basic salary and most of their entitlements/allowances up to the day



preceding polling day. However, some office holders do not continue to receive their salary of office.

Term of Service and Salary

9.7 Section 22B(2) of the Constitution Act 1902 provides that, ‘the term of service of a member of the Legislative Council…shall expire on the day of the termination, either by dissolution or expiry, of the Legislative Assembly next preceding the second general election of members of the Legislative Assembly to be held after his or her election as a member of the Legislative Council’.

9.8 However, for the purposes of members’ salary and additional entitlements, a member’s term of service expires on the day appointed for the taking of the poll following the expiry of the member’s term under section 22B(2). Section 16 of the Parliamentary Remuneration Act 1989 provides that:

For the purposes of this Act, a person elected as a member of the Legislative Council is to be taken…

(b) to cease to be a member of the Legislative Council on…

(iii) the day appointed for the taking of the poll for the periodic Council election within the meaning of that Act [the Constitution Act 1902] that next follows the day on which he or she ceases, pursuant to section 22B(1)(c) of that Act, to be a member of the Legislative Council…

9.9 The effect of this provision is that those members whose term expires prior to the election are paid their salary and are able to access such other entitlements as are provided for under the Parliamentary Remuneration Act up until midnight on the day before the taking of the poll. This includes the Logistic Support Allocation (LSA).86

9.10 Salary payments for continuing members are unaffected by elections. Salary payments for members elected at each periodic election are backdated to the election date.

General Conditions on Allowances

9.11 It is important that all members are mindful of the guidelines and conditions regarding the use of additional entitlements, including the

86 Refer to Chapter 4 for details.



general and particular conditions applying to the use of the LSA. These are outlined in Chapter 2 and Chapter 4 of this Guide. The following guidelines and conditions are of particular importance during an election period:

Guidelines and general conditions regarding additional entitlements for members in connection with parliamentary duties

1.1 Additional entitlements are provided to facilitate the efficient performance of the following particular parliamentary duties of members as follows:87

Activities undertaken in representing the interests of constituents, but excluding activities of a direct electioneering or political campaigning nature…

2.2 Additional entitlements should not be used to fund…

2.2.3 costs associated with election campaigning for an individual member;

2.2.4 fund raising for other party political members (such as the purchase of raffle tickets, raffle prizes or tickets to attend functions etc)…

Conditions

Expenditure is only to be incurred in connection with the parliamentary duties of members (and in this respect the member should refer to the guidelines in [the] determination).

Logistic Support Allocation General Conditions

Members may not use their Logistic Support Allocation to procure goods or services to be used for electioneeringpurposes or political campaigning.

9.12 As stated in the above extracts, parliamentary allowances and resources are not to be used for electioneering/political campaigning purposes. Such resources include:

photocopier

stationery

home phone, facsimile and dataline

87 Chapter 2 of this Guide provides further clarification about what activities do and do not fall within the definition of ‘parliamentary duties’.

107


mobile phone

parliamentary office and equipment

parliamentary staff

travel allowances

Sydney allowance

Electoral allowance

Logistic Support Allocation (LSA).

‘Intermingling’ of resources

9.13 The Tribunal recognises that, ‘some intermingling of a Member’s parliamentary duties and private activities is in practical terms not always easily avoided, but the onus is always on the Member to show that any expenditure or any claim for reimbursement relates to Parliamentary duties, or to the parliamentary duties component of costs incurred for intermingled parliamentary duties and private purposes.’88

9.14 In particular, while members of Parliament will continue to meet their ongoing responsibilities in representing the interests of constituents during an election campaign it is acknowledged that they will also have Party responsibilities during these times. The Tribunal has provided some general guidance to members for circumstances which may result in some intermingling of duties:

Some intermingling of a Member’s parliamentary duties and private activities is in practical terms not always easily avoided, but the onus is always on the Member to show that any expenditure or any claim for reimbursement relates to parliamentary duties, or to the parliamentary duties component incurred for intermingled parliamentary duties and private purposes.89

9.15 It is accepted that some intermingling may occur with parliamentary resources including:

Mobile phone

Home phone


89 Parliamentary Remuneration Tribunal determination, 30 June 2003, p.18.



Facsimile.90

9.16 If and when these resources are used for electioneering or campaigning, members are required to disentangle the costs associated with their parliamentary duties from those incurred for campaigning/electioneering. Determining the proportion of the cost incurred relating to non-parliamentary duties and claiming only that proportion relating to their parliamentary duties can achieve this. For example, where 50% of a member’s mobile phone call costs were for parliamentary duties and 50% were for electioneering or private purposes, the member would incur 50% of the call costs themselves and their LSA would cover the 50% used for parliamentary duties. Refer to Chapter 2: Overarching Entitlement Guidelines – section on ‘Entitlements’, for details.

The Sydney Allowance

9.17 The Sydney allowance is provided to assist country members in undertaking their parliamentary business. However, where members have intermingled parliamentary duties and electioneering while in Sydney, ICAC has advised that members should consider the ‘principal purpose’ of the travel and only claim if the ‘principal purpose’ is related to their parliamentary duties.91

9.18 However, if members find that this method is inadequate for their purposes, it seems reasonable for members to assess the proportion of the workday/s spent on parliamentary duties and the proportion spent on electioneering, and claim only that proportion spent on parliamentary duties.

9.19 There are a number of resources that should not be used for electioneering/campaigning purposes under any circumstances. Refer to Chapter 2: Overarching Entitlement Guidelines – section on ‘Entitlements’, for details.

Committee Allowances

9.20 As the standing and select committees of the Legislative Council cease to exist on the expiry or dissolution of the Parliament,

90 Each of these is subject to a survey undertaken by the Financial Controller.

91 ICAC, Investigation into Parliamentary and Electorate Travel: Second Report Analysis of Administrative Systems and Recommendations for Reform, December 1999, p.28. For more detail about the definition of ‘parliamentary duties’ refer to Chapters 1 and 2.



additional salary and expense entitlements for eligible Committee members also cease on that day.

Electorate to Sydney Allowance

9.21 For any members not re-elected, one return Electorate to Sydney trip may be undertaken, where necessary, by the member beyond polling day and up to and including the day nominated for the return of the writs, for the purpose of vacating their Parliament House office and finalising matters relating to their parliamentary term.92

LSA (Publications)

9.22 Following the issue of the writs for the election, members must not issue any publication for multiple distribution to constituents of duty or other electorates.

9.23 For further information about the format, content and distribution of publications both during campaign periods and more generally, please refer to the policy at Appendix F – Memos of this Guide.

Members’ offices, equipment and access to facilities

9.24 Office space and office equipment are not available to members elect until 28 days after the poll.

General information about payment of entitlements

9.25 The costs for expenditure items will be borne from the budget allocation for the parliamentary term in which the costs were incurred. For example, the cost of a flight from Sydney to Melbourne on parliamentary business on 20 March 2003 would come from the 52nd Parliament entitlement whereas the return flight if taken on, say, 23 March 2003 would have to be met from the 53rd Parliament entitlement provided the member concerned was either re-elected or a continuing member.

Staff standing for election9.26 From time to time, employees of the Legislative Council have

nominated for election to the Commonwealth or NSW Parliaments.

92 This entitlement is not provided for by the Tribunal, but is an administrative entitlement.



This section is designed to help explain the implications of this for both the staff member and the member of Parliament.

111


Recommended procedure for staff standing for election

Federal Elections

9.27 Section 44 (iv) of the Commonwealth of Australia Constitution Act provides that:

Any person who...holds any office of profit under the Crown ... shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

9.28 This provision has been interpreted to mean that government employees must resign from their positions before they can nominate for election to the Commonwealth Parliament.

9.29 Where members’ staff contest a Federal election their last day of service must be no later than the day prior to the date of nomination.

9.30 Under section 103 of the Public Sector Employment Management Act 2002 (PSEM) employees who have resigned to contest a Federal election can be reappointed. To this end an employee is regarded as being on leave without pay between the dates of resignation and reappointment.93

State Elections

9.31 The legislative provisions relevant to the position of employees contesting State elections include section 13B of the Constitution Act 1902 (NSW) and the PSEM Act 2002 (s102). The Premier's Department Circular 95-4 should also be consulted. 94

9.32 If a member of staff is nominated for election to the Legislative Assembly or Legislative Council, the person is to be granted leave of absence until the day on which the result of the election is declared. If the staff member concerned has accrued leave, such leave can be taken, otherwise the leave is to be without pay.95

9.33 If the employee is elected they are required to resign from their position.96

93 NSW Public Sector Personnel Handbook, section 5-10 (available at www.nsw.gov.au)

94 ibid.

95 Public Sector Employment Management Act 2002, s102.



9.34 Notwithstanding these legislative provisions, employees who are intending to nominate as candidates, should consider appropriate leave arrangements to cover the election period in order to avoid potential conflicts between their political interests and public employment.97


9.35 For further information about the: Payment of salaries please contact the Payroll Supervisor on

ext. 2569. Use of entitlements during campaign periods/for

electioneering purposes, please contact the Members’ Services Section on ext. 3071.

Guidelines for parliamentary staff who are standing for election, please contact the Legislative Council Administration section on ext. 2320.

96 ibid.

97 NSW Public Sector Personnel Handbook, section 5-10 (available at www.nsw.gov.au)


Further reading …

Refer to Appendix B: the Determination. NSW Constitution Act 1902. Parliamentary Remuneration Act 1989. ICAC, Investigation into Parliamentary and Electorate Travel:

Second Report Analysis of Administrative Systems and Recommendations for Reform, December 1999.

Chapters 1, 3 and 4 of this Guide. NSW Public Sector Personnel Handbook, ss 5-10.

(www.premiers.nsw.gov.au)


Chapter 10 ICAC and the Audit OfficeThe Independent Commission Against Corruption (ICAC) and the Audit Office have prepared their respective sections of this chapter and hence should be read within this context.

This information is provided to assist Members to:

Understand the role the ICAC plays in the accountability framework that applies to Members of Parliament,

Give useful advice to constituents about the ICAC, and

Understand the role the Audit Office of NSW plays in the Members Entitlements system.

Independent Commission Against Corruption

What is the ICAC?

10.1 The ICAC is a New South Wales public sector organisation created by the Independent Commission Against Corruption Act 1988 (ICAC Act). The ICAC’s principal functions are to investigate and prevent corruption in the NSW public sector. Its mission is to build and sustain public sector integrity.

10.2 Although a public authority, it is independent of the government of the day, and is accountable to the people of NSW through the Parliamentary Joint Committee (PJC). The PJC is responsible for monitoring and reviewing the ICAC’s activities and reports and can examine trends in corruption.

10.3 Section 122 of the Independent Commission Against Corruption Act 1988 provides that;

Nothing in this Act shall be taken to affect the rights and privileges of Parliament in relation to the freedom of speech, and debates and proceedings, in Parliament

10.4 The Commission is of the view that section 122 specifically preserves the privileges of Parliament with respect to the freedom of speech and debates and proceedings in Parliament. In the absence of specific statutory authority it is the Commission’s view that it has no power to investigate matters which involve the motivation of Members for the statements they make or questions they may ask in Parliament.



What does the ICAC do?

10.5 In order to build and sustain integrity in the NSW public sector, the ICAC:

assesses and identifies corruption risks through the analysis of complaints made by individuals and reports made by Chief Executive Officers of public authorities and through research into the nature of corruption risks

investigates corrupt conduct, not just to make findings about individuals, but also to examine the circumstances that allowed the corruption to occur. Recommendations are made and guidance is given to prevent these circumstances recurring

builds corruption resistance by providing advice, information and training to remedy potential or real problems, by:

tailoring solutions to address major risks or assist targeted sectors

working with the public sector to build their capacity to identify and deal with corruption risks.

What should Members know about the Code of Conduct and the ICAC Act?

10.6 Both Houses of Parliament adopted Codes of Conduct in 1999. The Code of Conduct is an important document for Members. This is because a serious and substantial breach of the Code of Conduct may constitute corrupt conduct under the ICAC Act.

10.7 Therefore, it is in Members’ interests that they are familiar with the requirements of the Code of Conduct. In particular, Members should be aware of the requirements of the Code as it relates to the use of parliamentary resources.

10.8 Clause 4 of the Members Code of Conduct reads:

Members must apply the public resources to which they are granted access according to any guidelines or rules about the use of those resources

10.9 The use of public resources by Members is always a matter of significant public and media interest.



What guides Members access to and use of Parliamentary allowances?

10.10 The primary responsibility for guiding Members in their access and use of Parliamentary resources rests with the Parliamentary Remuneration Tribunal1 and parliamentary officers. The guidelines and rules about the use of resources can be found in:

Members’ Guides

Parliamentary Remuneration Tribunal determinations and rulings (including specific prohibitions on the use of resources for some purposes - see Chapter 2 of the Guide for more information)

parliamentary policies and procedures

relevant statutes (eg. Parliamentary Remuneration Act)

10.11 At times some Members have expressed concern that they have found it difficult to interpret the rules and guidelines about the use of parliamentary resources. Whenever there is uncertainty and ambiguity, Members should not rely on their own, or other Members’ interpretations. Doing so may expose the Member to considerable risk of breaching the Code of Conduct. In determining how to act, the following people can be consulted:

President

Clerk of the Legislative Council (or other authorised officers)

Parliamentary Ethics Adviser

10.12 These people may call on the Parliamentary Remuneration Tribunal for a ruling about the use of a parliamentary resources or an interpretation of a determination2. They may also be able to obtain or access professional advice or precedents about the appropriate use of resources.

Information for constituents

What information should be reported to the ICAC?

1 section 8 Parliamentary Remuneration Act, 1989

2 section 17A ibid



10.13 The ICAC accepts information and complaints in writing, by telephone or by personal interview with an ICAC officer. If you, or a person you are advising, are unsure of whether or not a particular matter should be reported to the ICAC, you can seek advice from an ICAC Assessment Officer by phone.

10.14 Members can make representations on behalf of a constituent, or can help the constituent contact the ICAC. Once a matter has been reported, the ICAC will usually take the matter up directly with the person who originally provided the information, rather than through the Member’s office.

10.15 The following information in a complaint is helpful:

the name of the relevant NSW authority or public official

a clear summary of the alleged corrupt action

a chronology of events

documentation or other information that supports the allegations

names of other people who could corroborate the information

outline of steps that have been taken to bring the matter to the attention of the authority concerned

names of any other agencies that have been contacted about the matter (for example, the police or Ombudsman)

10.16 It is not necessary for an individual to attempt to gather "evidence" before reporting a matter to the ICAC. Complaints however that are found after assessment to be lacking in substance will not be investigated by the ICAC.

What does the ICAC do with the information?

10.17 Each matter received at the ICAC is assessed individually to determine the appropriate course of action. The ICAC Assessment Panel does this work. The Assessment Panel consists of executive members of the ICAC.

10.18 For each matter, the panel will consider issues relating to jurisdiction, the seriousness of the complaint, whether it is being or could be adequately handled by another agency and opportunities for identifying serious, substantial or systemic corruption.

10.19 The panel will then make one of five decisions:



1. Immediate referral or no action by the ICAC. A significant number of matters are best referred to other investigating agencies. Some may be disciplinary matters that do not involve corruption but still should be referred to the agency about which the matter was raised. Other matters are being adequately handled by the agency making the notification. Many other matters simply have nothing to do with corruption and do not warrant any action by the ICAC at all.

2. Request an investigation and report by another agency. If an allegation of corrupt conduct is made about an agency, the ICAC has the power to require that the agency conduct an internal investigation and then report back to the ICAC by a certain date. The ICAC will do this if it is appropriate for the agency to deal with the matter.

3. Preliminary investigation by the ICAC. If the ICAC feels that a matter is worth looking into itself but may not warrant a formal investigation, it will conduct a preliminary investigation. This may lead to the matter not being pursued, referred to another agency, or becoming a formal ICAC investigation.

4. Provide corruption prevention advice. If the matter appears to involve systemic issues rather than allegations of specific corrupt conduct, inquiries may be undertaken in order to give advice about how to stop the problem happening again.

5. Formal investigation by the ICAC. For matters with potential to expose significant and/or systemic corrupt conduct, the ICAC may conduct a formal investigation with a specific scope and purpose, which can involve using powers such as surveillance and hearings (both public and private).

10.20 The ICAC must investigate matters referred to it by both Houses of Parliament, but otherwise can make its own decision about whether or not to conduct an investigation, subject to advice from the Operations Review Committee on certain matters.

10.21 The ICAC Act establishes the Operations Review Committee (ORC) and its functions, membership and procedures. The primary function of the ORC is to ensure that the ICAC is accountable for decisions about whether or not to investigate complaints of corruption made by members of the public. This is done by the ORC advising the ICAC Commissioner as to whether the ICAC should not commence or discontinue an investigation into an allegation of corrupt conduct. Consultation with the ORC is required before the ICAC can close a matter.

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10.22 Over time, the ORC has also assumed a broader role in the ICAC's activities. It also:

advises the Commission at least every three months as to whether the ICAC should continue an investigation that is underway

advises the Commissioner on whether the ICAC should discontinue an investigation dealing with matters commenced on the ICAC's own initiative or reported from another agency

advises on other matters referred to the ORC by the Commissioner

brings to the attention of the Commissioner any matters relating to the operations of the ICAC which the ORC considers important.

Contacting the ICAC

10.23 More detailed information about the ICAC is available at www.icac.nsw.gov.au. To provide information, report a matter or make an enquiry:

write to: ICAC, GPO Box 500, Sydney NSW 2001fax: (02) 9264 5364phone: (02) 8281 5888 or toll free 1800 463 909 between

9am and 5pm

10.24 Appointments can be made by phoning the above numbers.


http://www.icac.nsw.gov.au/


The Audit Office of New South Wales

Members’ Additional Entitlements

10.25 The Parliamentary Remuneration Tribunal (the Tribunal) makes determinations in respect of members’ Additional Entitlements. The Determination prescribes for the audit of members’ Additional Entitlements. The Audit Office complete the audit in stages throughout the year and report on the audit results to Parliament.

10.26 Members’ Additional Entitlements contain certain inherent principles. In particular the scheme places the onus on Members to exercise appropriate financial discipline and manage their budgets.

10.27 Members can use their additional entitlements in respect of their parliamentary duties. But members’ Additional Entitlements are restricted and it is important to become familiar with those restrictions.

10.28 The Tribunal has determined that these additional entitlements should not be used to fund:

activities such as those associated with party membership drives;

mail distributions for non-electorate or non-Parliamentary activities;

costs associated with election campaigning for an individual member;

fund raising for other party political members (such as the purchase of raffle tickets, raffle prizes or tickets to attend functions, etc); and

costs previously borne by political parties which are not principally related to a Member’s Parliamentary or electorate duties.

10.29 The Determination anticipates some intermingling of a member’s parliamentary duties and private activities. But members must demonstrate that any expenditure or any claim for reimbursement relates only to the parliamentary duties component of costs incurred.



10.30 Because restrictions vary from one allowance to another, and the nature of the allowances vary, the audit evidence also varies from one allowance to another.

Our Audit of Member’s Additional Entitlements

10.31 Our audit procedures include examination, on a test basis, of evidence supporting individual members claims. These procedures are undertaken in order to obtain reasonable assurance that additional entitlements paid to each member in the form of fixed allocations and the Sydney allowance comply with the Tribunal’s determination.

10.32 It is the responsibility of members to show that the expenditure or any claim for reimbursement relates to parliamentary duties. It is the responsibility of the Parliament to ensure that the additional entitlements paid to members comply with the Tribunal’s determination.

10.33 Information acquired by us during our audit is subject to strict confidentiality requirements. Information will not be disclosed by us to other parties except as required or allowed for by law or professional standards, or with your express consent. Our audit files may, however, be subject to review:

As part of the review conducted pursuant to section 48A of the Public Finance and Audit Act 1983 which monitors compliance with professional standards by the Auditor-General; or

By the Audit Office's quality certification auditors to enable the Audit Office to maintain its accreditation under International Quality Standard ISO 9001.

10.34 The same strict confidentiality requirements apply to the recipients of our audit files as apply to us as your auditor.

10.35 The Audit Office complies with the provisions of the Privacy and Personnel Information Protection Act 1988.

What We Do

10.36 The New South Wales Auditor-General is responsible for audits and related services under the Public Finance and Audit Act 1983, the Corporations Act 2001, and other New South Wales Acts. The Auditor-General also provides certain assurance services in respect

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of Commonwealth grants and payments to the State under Commonwealth legislation.

10.37 The Auditor-General forms part of the accountability mechanism whereby the Parliament holds the Government accountable for fulfilling its responsibilities. The Audit Office assists the Auditor-General in fulfilling this role.

10.38 The Audit Office's core services are:

Financial audits

Compliance audits

Performance audits

Protected Disclosures

10.39 All of the Auditor-General’s Reports are tabled in the Parliament. The Reports are also available on our Web site at www.audit.nsw.gov.au.

Financial audits

10.40 Financial audits provide an independent opinions on NSW government agencies financial reports. They identify whether agencies comply with accounting standards and relevant laws, regulations and government directions. Additional financial report audits are undertaken each year on the Total State Sector Accounts and the Statement of the Budget Result.

10.41 Financial report audits also highlight opportunities for agencies to improve their accounting and financial systems.

10.42 A report on each financial audit is provided to the Minister responsible for the agency, to the agency and the Treasurer and to the Parliament through the Auditor-General’s Reports to Parliament.

Compliance Audits

10.43 Compliance audits seek to confirm that specific legislation, directions and regulations have been adhered to by government agencies. The legislation includes the agency's primary or significant law that is applicable to all agencies (such as the State's Constitution).


http://www.audit.nsw.gov.au/


10.44 Because there is a large body of law in this area, compliance is examined on cyclical basis.

Performance Audits

10.45 Performance Audits determine whether an agency is carrying out activities efficiently, economically and in compliance with the law. These audits may review all or part of an agency’s operations. Some audits consider particular issues across a number of agencies.

10.46 Results of these audits are reported to the chief executive officer of the agency concerned, the responsible Minister, the Treasurer and Parliament.

Protected Disclosures

10.47 The Office examines allegations of serious and substantial waste of public money under the Protected Disclosures Act 1994. This Act protects public officers ['whistleblowers'] when they identify maladministration, corruption, or serious and substantial waste. We assess any allegations of waste in public authorities other than local governments. The NSW Ombudsman examines maladministration, and the Independent Commission Against Corruption investigates corruption.



Key Personnel and How to Contact Us

Street Address: Level 11,234 Sussex StreetSydney NSW 2000Australia

Postal Address: GPO Box 12,Sydney NSW 2001Australia

Telephone: +612 9285-0155Facsimile: +612 9285-0100Email: [email protected] Page http://www.audit.nsw.gov.au



Chapter 11 The Department of theLegislative Council

The role of the departmentMission:

To service and enhance the operations of the New South Wales Parliament by providing an apolitical, innovative and integrated support service to support members both within and outside Parliament House and relevant services to the people of New South Wales.

11.1 The principal role of the department of the Legislative Council is to provide procedural, administrative and support services to assist members in their parliamentary duties, including their work within the House, on committees and within the community.

11.2 There are three principal program areas of the department.

Advisory and procedural services including:

Advice to members on parliamentary practice and procedure

Preparation of documentation for use in the House

Production of the records of proceedings of the House and its committees.

Administrative and support services including:

Provision of support staff and equipment for members

Administration of members’ salaries, allowances and entitlements

Effective delivery of other services available to members both within and outside Parliament House

Provision of advice and staff to committees, enabling them to carry out research and prepare reports.

Corporate management including:

Corporate/strategic planning



Budget development, monitoring and reporting

Personnel and training

Industrial/employee relations

Provision of consultancy services relating to all these functions to Joint Service departments.

11.3 The Legislative Council also has administrative responsibility for the departments of Parliamentary Building Services, Parliamentary Food and Beverage Services, and the Information Technology Services Section.

The structure of the department

The President

11.4 The President has joint responsibility with the Speaker of the Legislative Assembly for the precincts of the Parliament and also for the joint departments of the Parliament which supply services to members of both Houses.

11.5 The President as political head of the department of the Legislative Council is responsible to the House for its operations. This role is similar to that of a Minister of an executive department. The President also appoints the staff of the Legislative Council.

11.6 The President is responsible for the proper conduct of the business of the Legislative Council. The President has an active role in interpreting the standing orders and ruling on points of order. It is the President’s duty to ensure that the powers and privileges of the House are observed.

The President is the representative and spokesperson of the Legislative Council in dealings with the Governor, the Legislative Assembly, Executive Government and other persons outside the Parliament. Important duties of the President include participation in visits by foreign Heads of State, Ambassadors, Consular Officials as well as diplomats, with Sydney having the second largest consular corps in the world. The President also receives parliamentary delegations visiting Sydney from overseas nations and other distinguished visitors to the Parliament.

The Office of the Clerk



11.7 The Clerk of the Parliaments and the Deputy Clerk provide expert advice and counsel to the President, Ministers and members of the Legislative Council on parliamentary law, practice and procedure.

11.8 The Clerk, as Chief Executive Officer, manages the operations of the Legislative Council. Jointly, with the Clerk of the Legislative Assembly, the Clerk is responsible for ensuring effective operation of the joint services of the Parliament.

Procedure Office

11.9 The Procedure office is the hub of documentary support for members, for the Parliament and for interested members of the public. The staff of the Procedure office are responsible for maintaining information on the progress of bills through the House, the registration and notification of new Acts, and assent and commencement dates, and the production of the House Papers. These papers include the Notices of Motions, the Minutes of Proceedings and the Questions and Answers paper. In addition, a Statutory Rules and Instruments Paper is prepared weekly during sittings and monthly throughout the rest of the year.

11.10 The Office provides copies of Bills, Acts and reports to members as required. Statistics relating to the Council and its operations, together with statistical summaries of sessional activities, are also maintained in the office and are available to members and the public upon request.

11.11 Papers tabled in the House are available for perusal in the Office. A document provision service, research on procedure issues, and information assistance is also provided to government departments, the general public and the media upon request.

11.12 The Procedure Office is situated in room 829.

Office of the Usher of the Black Rod

11.13 The major responsibilities of the Usher of the Black Rod are:

Security

Council chamber

Members’ services and entitlements



Attendants

Protocol, public relations, inter-parliamentary relations, major events and exhibitions.

Security

11.14 See Chapter 12: Parliament – Services and Resources, for information about security at Parliament House.

Members’ Services

11.15 The Members’ Services section administers members’ entitlements in accordance with the determination. It provides services to members in relation to facilities, equipment etc. The systems used to administer members’ entitlements are designed to assist members and the Legislature to comply with the conditions of the Tribunal.

11.16 Members wishing to inquire about entitlements, facilities or the purchasing or servicing of equipment should contact ext. 3071.

11.17 The Members Services section is situated in Room 829.



Attendants

11.18 The Legislative Council attendants provide a wide range of services to assist members within Parliament House. They are available to advise members and staff on the best way to obtain assistance and advice on all things parliamentary.

11.19 Attendants have a crucial support role in the set-up and running of the Chamber, and are the connection to the outside when members are required to be in the House. They also conduct tours, and give talks to visiting school and other groups about the Legislative Council.

11.20 The attendants are stationed in the vestibule of the Legislative Council on Level 7 and on the floor allocated to members of the Legislative Council. From there they monitor visitors to member’s offices, take phone messages and sort and deliver mail, parliamentary reports, newspapers and stationery.

11.21 The attendant staff greet and assist member’s visitors, guests and constituents. Attendant’s efforts to keep member’s offices secure rely very much on the cooperation of members and their staff. Only visitors cleared by a member’s office are admitted. To avoid constituents and unofficial lobbyists arriving unannounced at the offices of other members it is important that all visitors be escorted to the lifts by a member or staff member at the end of a visit.

11.22 As well as assisting members the attendants provide essential and on-going support to the staff and committees of the Legislative Council and regularly cooperate with other sections of Parliament House on a range of tasks.

Protocol

11.23 The Protocol section of the Usher of the Black Rod’s office has three primary roles, protocol, public relations, and inter-parliamentary relations. The section organises: ceremonial occasions; open days; delegations to and from other parliaments; diplomatic and VIP visits; and the Parliament’s exhibition space – the Fountain Court. This section maintains the Legislative Council pages of the website and produces public material about the Legislative Council.

The Administration section

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11.24 The Administration section provides a range of corporate services including human resources, corporate and strategic planning, advice and guidance about budget matters, the maintenance of the assets register and departmental records management. The Administration section is situated in room 829.



Committees

11.25 Parliamentary Committees are an extension of the House and share the Parliament's privileges. The House may give its committees a wide range of powers, including the ability to summon and question witnesses and to call for papers.

11.26 Members of the Legislative Council may be appointed to serve on a variety of parliamentary committees which inquire into and report on matters referred by the House. Committees can be established by one House independently or jointly by both Houses. Joint committees include members from both the Legislative Council and the Legislative Assembly.

11.27 The department of the Legislative Council provides staff, resources, procedural, research and administrative support for all committees of the House.

11.28 The Clerk Assistant – Committees has responsibility for committee services provided by the Legislative Council and advises on committee procedure, and on practice and procedure in the House.

11.29 Committees are integral to the Legislative Council’s role of reviewing legislation and acting as an effective check and balance on the activities of Government. Committees of the House may be standing, sessional or select and may be joint with the Legislative Assembly. Matters may be referred to committees by the House or a Minister and, in the case of certain committees, may be generated by the Committee itself. Where a committee is established under an Act of Parliament, the Act sets out ongoing functions to be performed.


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11.30 For further information relating to the Legislative Council standing committees refer to the Legislative Council committees section on the Parliament’s intranet site. This site contains information about each Committee, its inquiries, terms of reference, reports and current activities.


Further reading …

Annual report of the Legislative Council – available on the intranet, internet sites, in compact disk format (limited availability in hard copy from the Procedure office)

Guide to Effective Committee Membership Resolutions of the House relating to committees and witnesses. Making a submission before a committee (brochure for members of

the public) Standing Committees – Taking Parliament to the People (a brochure

for members of the public)


Chapter 12 Parliament – Services and Resources

Chapter Overview This chapter provides members with information about:

Intranet and Internet

Security & First-Aid

Smoking restrictions

Visitors, tour groups and media

Parliament House facilities, including car parking room bookings the exhibition space use of the recreation facilities

Concessions available to members

Insurance arrangements

Overseas travel.

In addition, this chapter contains information designed to help members in answering constituent queries and in performing their parliamentary duties.

The chapter covers information that a member particularly needs to note, or which is not covered on the Parliament’s intranet. For information not contained in this chapter refer to the Parliament’s intranet under the Admin tab, and submit your query into the search field.

Intranet and Internet

Intranet

12.1 The intranet is the fast resource for: Hansard

Bills



Procedural information, eg. Minutes, Q&A papers, Daily program, Notices, Briefing Notes, Statutory Rules and Instruments Paper, Resolutions, Sessional orders

The parliamentary library’s resources, such as press release databases, access to the catalogue, links, newspaper clippings database, online journals

Details of other members, such as contact details and biographies, and links to websites

All committee information including reports, inquiry schedules, government responses

Parliament specific policies and forms, annual reports, newsletters etc.

12.2 Information is available on the intranet that is not available on the internet. Other resources on the intranet include:

The up-to-date parliamentary phonebook

The room bookings database which can be viewed to see whether a room is available

Webcast of the sittings of the Parliament

Access to AAP news for members of the Legislative Council

“What’s New” – an alert to important new information

The dining room menus

Sittings days calendars

Quick access to the Parliament’s internet site www.parliament.nsw.gov.au and the NSW Government homepage www.nsw.gov.au.

Internet

12.3 The internet site is the Parliament’s window for the citizen’s of New South Wales and beyond. It contains much of the same information as the intranet, but not parliament-specific information. Information such as Hansard, Bills, Committees, House Papers and Members is produced from the same database that drives the intranet. The internet has specific public information, such as sections designed for schools and Frequently Asked Questions (FAQs). The

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explanations of parliamentary terms and processes are written in a style aimed at a readership not familiar with parliament

12.4 Members are encouraged to become familiar with the internet site, but will find that the intranet loads faster and is written and formatted for the parliamentary readership.

Security

General

12.5 Security Services is a joint services section that provides protective security to members, staff and visitors. Security officers are operational 24 hours a day:

Conducting patrols

Controlling pedestrian and vehicle access to the building

Monitoring alarms.

12.6 Parking (including the administration of parking vouchers and passes), identification passes, and lock and key allocation are managed by Security Services. Security assist police in the control of demonstrations.

Entering and exiting Parliament House

12.7 Security personnel are on duty at the Legislative Council, Legislative Assembly, Hospital Road and car park entrances to Parliament House.

12.8 The main security entrance to Parliament House is the Legislative Assembly Macquarie Street doors. This entrance has a metal detector and x-ray machine. The Macquarie Street doors are opened at 8:00 am and close at 6:00 pm on non-sitting days. On sitting days the front doors remain open as long as either House is sitting and until half an hour after the rising of the later house.

12.9 The main exit from Parliament House is through the Legislative Council Macquarie Street doors.

12.10 The Hospital Road entrance is a 24 hour security entrance, which can be used when the Macquarie Street entrance is closed after



hours, on weekends and during demonstrations. Members can also enter and exit at all times through the wicket gate in the wall on Macquarie Street by using their proximity access card. Members and staff can also exit after hours through the centre gate in Macquarie Street by contacting the Security Control Room through the handset located at the top of the level 6 Disabled Access Ramp.

12.11 All members and staff have priority access through the entrances (including the Legislative Council entrance) when wearing either a members’ badge or parliamentary photo identification (see below). Members and staff not wearing identification will be subject to a full security check.

Passes and Badges

12.12 All members are issued with a numbered red badge that identifies them as a member of the Legislative Council. Members are encouraged to wear this badge at all so they are readily identifiable by staff and avoid the inconvenience of being challenged. Security staff (including outsourced security staff) are provided with photo lists of members and are encouraged to learn to recognise members. However, if a member is not wearing the member’s badge, or is not carrying a parliamentary photo ID, security staff can ask a member to enter through the security scanner.

12.13 Members may obtain a photographic security pass from Security Services for themselves and/or their spouse/partner to enable immediate identification by security personnel. Lost passes must be reported to the security office on ext. 2198.

Surveillance

12.14 Public areas of the Parliament, lift lobbies and all building entrance points are under camera surveillance. Offices and general work areas are not under camera surveillance. There is a security control room at the Hospital Road entrance where security staff monitor the cameras.

Emergency Procedures

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12.15 Evacuation exercises are conducted regularly so that members and staff are familiar with evacuation procedures. The public address system is used to sound and direct evacuations. Each area of the Parliament has an evacuation diagram in a prominent position. Members should familiarise themselves with evacuation procedures. In the event of an emergency (fire, bomb scare etc.), do not use the lifts and follow the directions of the warden. Wardens direct evacuees to move to assembly points either on Macquarie Street (for instance, if in the chamber), or onto Hospital Road (via the level 11 fire stairs if on level 11).

First Aid

12.16 For first-aid assistance ring ext. 2600 (24 hours service). First aid kits are provided in various areas of the Parliament and contain lists and locations of trained first aid officers. There is a designated First Aid room on level 9.



Smoking12.17 The Parliament is a smoke-free work environment. Smoking is

permitted in the following areas:

On all open-air balconies including members’ balconies

On balconies adjacent to the lift lobbies on levels 9, 10, 11, 12

On the balcony adjoining the dining room on level 7

The roof gardens on levels 8 and 9

At the Hospital Road seat, where a covered area is provided.

12.18 Please do not smoke on the steps at the back entrance, as the smoke drifts back into the building when the door is opened. Smoking is not permitted on the Macquarie Street verandas for the same reason.

12.19 “Quit smoking” programs are available to assist members and staff who wish to stop smoking. For further information call ext. 2330.

Parliament House facilities

Parking

12.20 The Parking Space Levy Act, 1992 applies to the Parliament House car park. Likewise, section 17 of the Parking Space Levy Act, 1992 ‘applies to a person in a public sector position who has an entitlement to use one or more parking spaces to which this Act applies’. Therefore in accordance with s17(7)(d) and (e) this stipulation includes members of Parliament.

12.21 Subject to a parking fee, members are entitled to one parking space in the Parliament House car park for their nominated vehicle and are accorded priority of use over all other users.

12.22 The amount of the parking fee may be varied from year to year by the Presiding Officers. In accordance with s17(5)of the Parking Space Levy Act, 1992 the ‘payment is to be made out of remuneration paid or payable to the person’. This means that members must pay the Parliament House parking levy out of their salary.



12.23 Unless otherwise specifically authorised, only vehicles with an authorisation sticker are allowed entry for parking. Authorisation stickers are arranged through Security Services on level 8 or on ext. 2198. The stickers are issued annually and should be fixed to the windscreen on the driver's side.

12.24 The car-park is staffed from:

6.45 a.m. to 6.00 p.m. on non sitting days

6.45 a.m. to 11.00 p.m. on sitting days

12.25 At other times, drivers will need to use their proximity access card or call the security room via the intercom at the car park entrance to gain access.

12.26 Parking is at the vehicle owner’s risk. Users of the Parliament House car park are responsible for the security of their own vehicle and contents while the vehicle is on parliamentary premises. Vehicles should be left locked and secured.

Members' spouses/partners and parking

12.27 Members may nominate a spouse/partner in writing to the Manager, Parliamentary Security Services, to park in the car-park. Access will only be available upon the production of identification.

12.28 On non-sitting days parking will be available to spouses/partners, in addition to the member’s right to park a vehicle, between 6.45 am and 6.00 pm.

12.29 Spouses/partners will be required to pay a casual parking fee by voucher. Pre-paid vouchers are to be purchased in advance from Security Services, between 9.00 am and 10.00 am only.

12.30 On sitting days parking is only available when the member concerned does not already have a vehicle (official or private) parked or does not intend to use the car-park at some later time on that day during the time the spouse/partner vehicle is parked.

12.31 Parking is available on a casual basis only and cannot be availed of permanently, for example, where such person undertakes employment in the city business district.

12.32 Cars displaying an authorisation sticker will be permitted automatic entry to the car-park provided they are driven by a spouse/partner who produces identification.



Update Memos re. parking

12.33 Members are notified of changes to car park restrictions, levies and processes via internal memos. Members are encouraged to place these in the section ‘Memos’ at the back of this Guide.

Mail Service

12.34 The mailroom is located on level 6 and can be contacted on ext. 2637. The mail service co-ordinates internal deliveries of mail throughout the building for members and parliamentary sections, processes bulk mail, including Hansard, and delivers newspapers. This area also co-ordinates mail deliveries through the State Mail Service.

Incoming mail

12.35 The attendants distribute incoming mail received at Parliament House to Member’s offices.

Outgoing mail

12.36 Stamped mail may be posted via the paper trays in the lift lobby attendant station on level 11. These trays are cleared regularly and the attendants arrange posting at the level 7 Post Office, where full mailing facilities are available.

12.37 For information about use of the LSA for mailing refer to Chapter 4.



Exhibitions12.38 Parliament House facilities are available for non-political displays

and exhibitions which are sponsored by a member and have the approval of the Presiding Officers. Exhibitions in the Fountain Court are coordinated by the Office of the Usher of the Black Rod on ext. 2939.

12.39 The following information about exhibitions is to help members in answering questions from their constituents about the display of information in the Fountain Court.

What is the Fountain Court?

12.40 The Fountain Court is the public foyer of Parliament House, joining the heritage building at the front to the modern offices behind. It is the access point for Members to both chambers on a sitting day. The area has an exhibition space on the Legislative Council side of the Parliament building. The northern wall in the Fountain Court is devoted to a permanent display of Parliamentary archives while the western wall is dedicated to Aboriginal artworks, demonstrating the Parliament’s commitment to the reconciliation process. The Legislative Assembly side of the Fountain Court is not available for exhibitions.

12.41 The exhibition space can be used for mounting displays and exhibitions, or to stage other functions such as book launchings, or the opening of ‘Special Weeks’.

Who can use the Fountain Court?

12.42 Applicants are restricted to the following types of organisation:

A NSW Government department or public authority

A NSW local government body

An Australian Government department or public authority

Consulates wishing to present exhibitions (except exhibitions of solo artists) from their country

A charitable or non-profit community organisation

Groups of NSW artists (Proof must be provided that all artists will be equally represented in an exhibition before approval



will be granted. Applications by solo artists will not be approved).

12.43 It would be preferred if the event were connected:

To the NSW Parliament

To the NSW Government

With particular communities within the state

With the general community of NSW.

12.44 An exhibition cannot appear to be attempting to contribute to a current political debate; seek funding or display goods for sale.

How to book the Fountain Court?

12.45 The exhibition must be sponsored by a member of Parliament from either the Legislative Council or the Legislative Assembly.

12.46 Once a member agrees to sponsor an exhibition, the member or the exhibition coordinator should write to the Presiding Officers requesting use of the Fountain Court.

12.47 The Presiding Officers will consider the request. Work or advertising may not commence until the application has been approved and the agreement signed.

12.48 Packages with detailed instructions about the Fountain Court arrangements can be sourced from the Office of the Usher of the Black Rod on ext. 2939.

Where to submit the application:

The Presiding OfficersC/o the Usher of the Black RodLegislative CouncilParliament HouseMacquarie StreetSydney NSW 2000

fax: 9230 2876



Party Meeting Rooms12.49 There are dedicated meeting rooms for the Government, the National

Party and the Opposition. These rooms are as follows:

National Party Room - Room 1250

Government Meeting Room – Room 1210

Opposition Meeting Room – Room 1032

12.50 These rooms are for Party use only and are not part of the general meeting room-booking system. Members can book these rooms by contacting the relevant Party Whip.

General Meeting Facilities12.51 There are various meeting facilities throughout Parliament House for

use by parliamentary staff as well as members.

Who may book facilities?

12.52 The facilities may be booked for use by:

Members of the New South Wales Parliament

New South Wales Parliamentary Committees

Senior staff of the Parliament

Members or committees of other Australian Parliaments (on non-sitting days only)

NSW Government Departments and Statutory bodies

Other approved parliamentary organisations, eg. CPA, Amnesty, Lions Club.

12.53 All other organisations or groups wishing to use the facilities MUST book through a member of Parliament, who must also attend the meeting/function.



What may be booked?

Room No. Level

Capacity Function Type

TheatretteTheatrette Foyer

6 173 + 2 x wheelchair spaces

Film, screening, launch, refreshments in foyer

Jubilee Room 7 100 standing, approx 60 seated

Meeting, Public Hearing, Launch, Standing Lunch, Cocktail function etc

Waratah Room 7 40 MeetingParkes Room 7 50 standing,

12 seatedSmall cocktails/refreshments or small meeting

814/815 8 100 Meeting, Public Hearing, training

1043 10 30 Meeting1108 11 15 Meeting1136 11 12 Meeting1153 11 30 Meeting1254 12 30 Meeting

When are the facilities available?

12.54 Non-Sitting Days- between 8:30 am and 6:00 pm on weekdays.

12.55 Sitting Days – between 8:30 am and the rising of the latest House on weekdays.

12.56 For up-to-date listings of sitting days see the intranet. The intranet also contains the room bookings calendar, so that members and staff may ascertain whether a room is available.

12.57 The facilities are not available outside the above times unless the Presiding Officers approve. Additional charges apply.

12.58 Please note that all Theatrette and Jubilee Room bookings require written approval by the Presiding Officers. Where written approval is required, the Presiding Officers should receive the application not less than 7 days prior to the function.

Procedure for Bookings

12.59 Contact : ext. 2319 (attendants) or 2332 (attendants) or 2939. The officer taking the reservation will inform you if:

Approval is required from the Presiding Officers



Further charges apply

Who to contact regarding charges

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12.60 If required, forward a request to:

The Presiding OfficersParliament HouseMacquarie StreetSydney NSW 2000Fax: ext. 2333.

12.61 The request should contain all details relating to the function and to the intended venue.

Contact the relevant departments to arrange:Catering Food & Beverage Manager ext. 2336Equipment Building Services Officer

ext. 2444Room set-up Attendant Services

ext. 2579

A few days prior to the function, contact the relevant departments (catering, attendants, etc) to confirm arrangements for the event.

Additional costs for after-hours bookings

12.62 Charges apply to functions that occur outside normal business hours and/or sitting hours. Charges are on a cost recovery basis and are levied for staff required to facilitate a function, i.e. security, projectionists, attendants; and for air conditioning, and maintenance and cleaning if applicable.

12.63 A summary of after-hours charges is available on the intranet under the Admin tab – Parliament-Wide – ‘Room Bookings’.

12.64 Projected costs should be confirmed with the Deputy Serjeant-at-Arms on ext. 2277.

Further Information

12.65 If you require information on other rooms or on related issues please contact the Legislative Council on ext. 2319, ext. 2332 or ext. 2939.



Recreational facilities

12.66 A recreational facility complex is on level 2 for the use of members and staff. The complex contains a:

Squash court

Heated pool

Exercise equipment

Multi station gym

Change rooms

Steam room and

Sauna.

12.67 To ensure that the sauna and steam facilities are available on non-sitting days, members may telephone ext. 2500 one hour prior to attendance. The sauna and steam facilities operated from 8am to 8pm on sitting days, on non-sitting days they operate from 7am to 9am, 12 to 2pm and 4pm to 6pm.

12.68 The squash court must be booked before use in the diary located in the vestibule of the complex. Bookings are determined on a first come, first served basis.

Dress Code

Members must supply their own racquet and wear white-soled shoes only.

As the area is a unisex area, members are reminded to wear appropriate attire at all times.

Staff Access

12.69 Members always have priority over staff in the use of the recreation facilities and have exclusive use on sitting days. All staff of the Parliament also have access to the recreation facilities at Parliament House on non-sitting days between 7:00 am–6:00 pm. 'Staff' includes:

Employees of the Legislature



Ministerial and Leaders of the Opposition staff located at Parliament House

Media representatives issued with a photograph security pass.

Loss of property

12.70 No responsibility will be taken by the Parliament for the loss of or damage to any property.

Member Courtesies

Sydney Cricket Ground

12.71 Privileges will be extended by the Sydney Cricket Ground and Sports Ground Trust to current Legislative Council members for attendance at Cricket and Australian Rules fixtures played at the Sydney Cricket Ground. NOTE: passes will not be issued for days 1 & 2 of a test match.

12.72 To assist members and the organisation it is recommended that members obtain a photographic identity pass from Parliamentary Security on ext. 2198.

12.73 Admission arrangements need to be coordinated by contacting the Sydney Cricket and Sports Ground Trust on 9360 6601 at least seven (7) days prior to the match to arrange day passes. This privilege does not apply to fixtures at Aussie Stadium, nor does it provide entry to accompanying guests.

Australian Jockey Club

12.74 Complimentary tickets on a daily basis may be obtained by forwarding a facsimile the week preceding a race meeting to the Membership Manager, Australian Jockey Club, facsimile 9663 2754. The facsimile should detail the following information:

Name of member and guests’ names

Date of race meeting

Number of tickets required



Method/point of collection.

12.75 Annual privileges will be made available to those members who attend race meetings regularly. All requests of this nature should be directed to the Chief Executive Officer on telephone 9663 8400, facsimile 9663 1679.

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Harness Racing Club

12.76 The Harness Racing Club provides free admittance to its fixtures on production of a parliamentary photographic identification and will also supply complimentary badges upon application to:

The Secretary NSW Harness Racing Club (Harold Park Paceway)Ross Street Glebe NSW 2037Fax: 9660 4848

Sydney Turf Club

12.77 The Sydney Turf Club provides one complimentary pass for members to attend Canterbury and Rosehill race meetings, upon written application to the Sydney Turf Club, PO Box 21, Canterbury, NSW 2193, facsimile 9930 4095.

“The Honourable” title

12.78 Serving members of the Legislative Council are entitled to use the prefix "Honourable" before their names. The honour was conferred on the members of the Legislative Council shortly after the inauguration of the bicameral Parliament in 1856.

12.79 There is no compulsion to use this title, but the Clerk of the Parliaments should be informed if a member does not wish to use the title, so that all material produced by the Parliament will reflect this choice.

12.80 A member is normally addressed with the letters "MLC" (Member of the Legislative Council) after their name, not "MP" (which is used by members of the Legislative Assembly and the Commonwealth House of Representatives).

12.81 On retirement or resignation after continuous service of not less than ten years, a member is eligible for recommendation to the Governor for permission to retain the title "Honourable" for life. Ministers and Presidents are entitled to apply for the retention of the title after three years service.

12.82 Application for the retention of the title “Honourable” should be addressed in writing within six months of leaving office to:



Ministerial and Parliamentary ServicesGovernor Macquarie Tower1 Farrer PlaceSydney NSW 2000Phone: 9228 5292

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Members’ Badges

12.83 There are two types of members’ badges:

red with a gold backing

gold lapel pins.

Red with Gold badge

12.84 This badge is provided to current members without cost who should wear it to identify themselves to staff within the Parliament and when attending official occasions. Each badge is numbered. In the event of loss or damage, a replacement badge will be issued on payment of a replacement fee. Upon retirement, members will be requested to return their badge to the Legislative Council and a former members’ badge will be issued.

Gold lapel pins

12.85 A 9-carat gold members’ lapel badge is available for purchase by members. The badge is about 1cm in height, is in the shape of the parliamentary crest and may be viewed in the Legislative Council Procedure Office. These badges can be worn instead of the red current members’ badge.

12.86 The badges are available for purchase from the Office of the Usher of the Black Rod. Since the badge is considered a personal keepsake, the cost of it may not be deducted from the LSA.

12.87 If you have any questions relating to badge, please contact the Office of the Usher of the Black Rod on ext. 2939 or fax 2876.



Travel on state – rail, bus and ferries

12.88 A personally, magnetically encoded State Travelcard is issued by CityRail for unlimited use on all State Rail and State Transit bus and ferry services and members are encouraged to use the Travelcard wherever possible. The Travelcards are compatible with the automatic ticketing systems of both CityRail and State Transit and should also be presented when booking for and travelling on intrastate Countrylink Services.

Travel on the Airport Rail Service

12.89 The State Travelcard may be used for travel on the Airport Rail Service, however members will need to purchase a separate gate pass to access the privately owned railway stations at the International Terminal, Domestic Terminal, Green Square and Mascot.

Replacement of lost or damaged cards

12.90 Lost or damaged State Travelcards should be immediately reported in writing to the Members’ Services section on ext. 3071.

Qantas Chairman’s Lounge

12.91 Qantas issues a Chairman’s Lounge Card to each member that allows access to the Chairman’s Lounge facilities at major airports.

12.92 Enquiries regarding provision of the Qantas Card should be referred to the Members’ Services section on ext. 3071.

Commonwealth Parliamentary Association

12.93 The Commonwealth Parliamentary Association is an association of Commonwealth Parliamentarians, who, irrespective of race, religion or culture, are united by a community of interest, respect for the rule of law and the rights and freedom of the individual citizen, and by pursuit of the positive ideals of parliamentary democracy.

12.94 In providing dependable means of regular consultation between Commonwealth Parliamentarians, the Association aims to promote understanding and co-operation among them and also to promote the study of and respect for parliamentary institutions throughout the Commonwealth. These objectives are pursued by means of



conferences, both plenary and regional, the interchange of delegations, seminars, publications, notably The Parliamentarian, and through the work of the Parliamentary Information and Reference Centre.

12.95 There are branches of the Association throughout the Commonwealth and members of both Houses are eligible to join the New South Wales branch.

12.96 Former members may continue membership at associate status upon payment of an annual subscription fee. Applications for membership should be made to the Honorary Secretary (Clerk of the Legislative Assembly) on ext 2222, or to the Usher of the Black Rod on ext. 2464.

12.97 Some of the privileges of membership are:

Parliamentary facilities overseas. ___ members visiting other branches of the Association are normally accorded parliamentary facilities, especially for the purpose of hearing debates and meeting other Parliamentarians. Branches readily assist in arranging introduction and hospitality for visiting members. Letters of introduction to overseas’ and interstate branches are provided by the Honorary Secretary.

Publications. ___ All branch members receive free of charge the quarterly publication of the Association,

The Parliamentarian (Journal of the Parliaments of the Commonwealth), and other publications, reports and memoranda produced.

Receptions. ___ The branch holds receptions and functions to which members, and on many occasions their spouses, are invited.

General Conferences. ___ Annual General Conferences, to which the New South Wales branch sends one delegate, are held in various parts of the Commonwealth. Matters of concern to Commonwealth countries are discussed. At the conclusion of the conferences, the host branch arranges extensive tours to enable delegates to see at first hand that branch’s problems and achievements.

Regional Conferences. ___ Australasian Regional Conferences, to which the New South Wales branch sends two delegates, are held biennially.

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Seminars. ___ Australasian Parliamentary Seminars are held biennially. Delegates are invited from other Pacific and South East Asian branches, as well as the Australian branches. The New South Wales branch sends one delegate to the seminar.

Overseas tours. ___ Provision is made for selected members to tour overseas to investigate subjects of particular interest.

Australasian Study of Parliament Group (ASPG)

12.98 The ASPG was formed in 1978 to encourage and stimulate research, writing and teaching about parliamentary institutions in Australia, New Zealand and the South Pacific. The Group’s goals include promoting a constructive and informed interest in the role of parliament in Australia at both State and Federal level. The NSW Chapter of the ASPG supports the purpose of these goals. The ASPG produces a journal, Australasian Parliamentary Review, twice a year and holds an annual conference in Australia or New Zealand. The ASPG comprises chapters in each State and Territory of Australia and in New Zealand. Individual chapters run seminars and other functions on issues relating to Parliament.

12.99 The New South Wales Chapter of the ASPG occasional organises a lunchtime seminar on topical issues relating to Parliament in NSW and Australia. Seminars have included:

Parliament & Judicial Accountability: time for an overhaul?

“Withering on the Vine”: The States After the High Court Decision on Ha & Hammond

12.100 Members can apply for membership of the NSW Chapter for a small annual fee, which includes membership of the national body. This entitles members to a subscription of the Australasian Parliamentary Review. Membership of the ASPG includes a range of people, including members of Parliament, parliamentary staff, academics, students of political science, law and public policy, and research and policy officers.

12.101 For further information about the Australasian Study of Parliament Group contact the number listed in Appendix E: Contact details.



Insurance

Liability Insurance

12.102 Staff and members are covered by the Parliament’s public liability insurance when working in Parliament House.

12.103 Voluntary workers and work experience students are provided with personal accident insurance coverage in accordance with and equivalent to the benefits payable under the NSW Workers Compensation Act 1987.

Personal Accident Insurance

12.104 Members are covered by 24 hour a day personal accident insurancefor activities relating to their electorate and parliamentary duties. Consequently, members need to satisfy the Treasury Managed Fund and, if subject to dispute, the Treasurer, that they were on duty at the time of the accident.

Property and Contents Insurance

12.105 All equipment, furniture, stationery etc. provided by the Parliament for use by members both in their home office and Parliament House are covered for the full replacement value. Property and or contents purchased by the member (not by Parliament) is not covered by Parliament’s Property and Contents Insurance.

12.106 In the event of equipment, including mobile telephones and note book computers, being stolen or lost an Insurance Incident/Report Form must be completed by the member or officer who had custody of the item at the time. The incident must be reported to the Police with the subsequent event number allocated recorded on the Incident/Report Form. These report forms are available from the Members’ Services section on ext. 3071.

Air Travel within Australia

12.107 All members of Parliament are covered for death or bodily injury sustained anywhere in the Commonwealth of Australia while the person as a passenger is being carried in, or is entering or alighting from any aircraft used for bona fide transport purposes, including piloting of privately owned or chartered aircraft by any State Member of Parliament.



12.108 Insurance cover is also provided to members’ spouses or approved relatives who are travelling at the Legislature’s or Commonwealth Parliamentary Association’s expense.

12.109 Coverage is limited to the equivalent of the range and level of benefits available under workers compensation legislation and provides for parliamentary, electorate and government business purposes only.

12.110 Members, spouses/partners, children and approved relatives travelling at their own expense are not provided with air travel insurance under the Treasury Managed Fund. Private insurance arrangements should be made if travel insurance is required in these instances.

Overseas Travel insurance

12.111 For information about overseas travel insurance arrangements refer to the section on ‘Overseas Travel” further on in this chapter.

Workers Compensation Insurance

12.112 All paid employees of the Legislature are provided with workers compensation insurance cover in accordance with the NSW Workers Compensation Act.



Guidelines for Visitors and Media

Visitors to offices

12.113 Members and member’s staff are requested to adhere to the following arrangements relating to constituents and unofficial lobbyists. These procedures aim to ensure that members are not harassed by uninvited people, visitors or lobbyists.

On Arrival

On arrival, visitors are expected to report to the front reception desk of the Legislative Council. Attendants will contact the relevant member to confirm either that the visitor has an appointment or that the member wishes to see the person/s concerned.

On confirmation of these details visitors will be issued with a coloured pass with the date, time and the relevant member’s name and referred to level 11. The pass is to be returned to the front reception desk on departure.

On Departure

At the conclusion of the meeting, members or their staff are requested to escort visitors to the lift. Please do this, regardless of how many times the person has visited the Parliament before.

In the event that visitors may wish to meet another member, they should be escorted to the attendant desk on level 11 where the attendant on duty will confirm the availability of the other member.

At the times when the attendant desk is not staffed, members or their staff must escort their visitors from the floor.

12.114 To protect their own privacy and that of other members as well as to prevent visitors being left to wander the floor, it is requested that these procedures are followed by members and their staff at all times. The success of these arrangements will depend on the cooperation of all members and staff.

Visitors to the Chamber



12.115 Visitors are always welcome in the chamber. Members are reminded to take into account the heritage nature of the chamber and its fittings when showing visitors around the chamber.

12.116 During a sitting, guests are welcome to sit in the public galleries.

12.117 To arrange for guests to sit on the benches of the Presiding Officer, application should be made to the Office of the President.

Lobbyists

12.118 Lobbyists of bona fide organisations can apply for status as an official lobbyist. This entitles them to a parliamentary pass and movement in the Parliament within the usual guidelines applied to visitors. A person applying as an official lobbyist must have written verification and support of three members from differing political parties.

Guided Tours

12.119 Guided tours of the Legislative Council chamber can be conducted by the Legislative Council attendants. Please book tours of the chamber in advance, as they will need to be scheduled around booked school tours, and other tours.

Large group tour

12.120 To officially book a larger tour group to tour both chambers, phone ext. 3444.

School Tour

12.121 To officially book a school tour to both chambers, phone ext. 3444.



Media Interviews and Filming Guidelines12.122 Parliament House, for the privacy and comfort of members, staff and

visitors has certain restrictions with regard to locations and procedures for conducting media interviews, filming and photography.

Media gallery booking

12.123 The media gallery press conference room is on level 6. It operates on a “first in, first served” basis and cannot be formally booked. Possible availability can be checked with the head of the press gallery, but cannot be guaranteed. The holding of press conferences by non-parliamentary organisations is permissible only if the sponsoring member is present and identified as the sponsor.

Press gallery boxes

12.124 The level 6 press gallery has deposit boxes where media releases can be left. Some press services prefer to receive e-mail or faxes and members may take this into account when issuing releases.

Press interviews elsewhere in the Parliament

12.125 Media interviews can be conducted:

In the parliamentary press gallery interview room and other interview rooms in the press gallery

In members offices at the invitation of the member concerned

In Party rooms by invitation

Committee rooms by invitation of a parliamentary committee or authorised user

On the grass opposite Parliament House Hospital Road entrance

The front courtyard and veranda but not in such a way that access of persons to Parliament House is impeded.

12.126 Media interviews may not be conducted in the following places:

Level 7 Fountain Court



Level 7 dining rooms, unless as part of a function

Any corridor within Parliament House. Media representatives are instructed not to wait outside rooms for the purpose of engaging members in conversation.

Any area set aside for the use of members or staff generally

In the chambers (exceptions may be made for educational documentary programmes with the written permission of the Presiding Officers)

In the foyers outside the chambers.

Filming guidelines

12.127 Written approval of the Presiding Officers is necessary for all applications for the purpose of filming within the Parliamentary precincts. More information about the procedures and policies, fees and exemptions for filming are available from the Office of the Usher of the Black Rod on ext. 2939.



Overseas Travel

General Travel information

12.128 For the purpose of travelling overseas for parliamentary business at the expense of the parliament or the CPA, members are entitled to an official passport.

Approved Parliamentary business – definition:

12.129 For the purpose of overseas travel "Approved Parliamentary Business" is defined as overseas travel at either the Legislature's or Commonwealth Parliamentary Association's (CPA’s) expense.

Official passport

12.130 A member and approved relative travelling on parliamentary business overseas may obtain "Official" passports through the Office of the Usher of the Black Rod on ext. 2939.

12.131 Visas must be arranged by members through their own travel agent.

12.132 The Legislative Council will only pay the cost of official passports if the passport is required by members for travel on parliamentary business funded by the Parliament . Official passports are not funded by the Parliament for CPA travel.

12.133 The current cost of a passport can be determined through the Office of the Usher of the Black Rod on ext. 2939. Cheques for passports should be made payable to “The Collector of Public Monies”.

12.134 Members can obtain passport application forms from the Office of the Usher of the Black Rod on ext. 2939 or from the level 7 post office. The Usher of the Black Rod’s office will also provide passport photos of a member upon request for both passports and visas.

12.135 When applying for a passport the member should provide:

The original application form, fully filled in and signed, and countersigned by a witness

Two passport photos with certification on the back of one

Any required proof of identity documentation – birth certificates, current passports etc



Cheque for the passport if applicable.

163


12.142 As it is necessary that proper protocol be observed at all times, foreign governments should not be approached directly for assistance.

12.143 Courtesies and facilities will be extended by Australian Missions (embassies, consulates etc.) to members travelling overseas in an official capacity, provided the assistance sought is reasonable and that adequate notice is given of proposed itineraries.

12.144 Where assistance is desired, e.g. the making of appointments with local authorities, meeting members on arrival, facilitation of customs clearance or the provision of advice about local conditions, this should be highlighted when furnishing the itinerary. Members may also be invited to any functions being hosted during the relevant period. Advice in regard to travel and accommodation can also be provided by the State's overseas offices should it become necessary during the visit.

12.145 Should members be travelling overseas in a private capacity and not require assistance from overseas missions, it is nonetheless suggested that the Department be informed of their plans. Appropriate missions will then be advised of the likely presence of visiting members. This may be important if an urgent message needs to be passed on to them through the mission or if they have to contact the mission with an unforeseen problem.

12.146 For members travelling in areas characterised by political unrest, contacts with a range of organisations, states and entities can give rise to particular sensitivities or difficulties. In such cases, the "Guidelines of the Australian Government on Official Australian Contact with Representatives of Foreign States, Political Entities or Organisations where special considerations are involved" should be consulted, and is available through the Office of the Clerk (ext. 2346) or the Office of the Usher of the Black Rod (ext. 2939).

12.147 It is important that any subsequent changes in itinerary are conveyed to those mentioned above as soon as possible so that all concerned can be advised.



Parliamentary and Constituent responsibilities12.148 The information contained in this section is provided to help

members in undertaking their “day to day” parliamentary and constituent responsibilities.

Parliamentary Delegations – reception and participation

12.149 The Parliament has important relationships with the consular corps in Sydney and Canberra. The Office of the President in cooperation with the Office of the Usher of the Black Rod coordinates consular and diplomatic visits and events. These visits and events play an important role in supporting and maintaining the Parliament’s regional and international relations.

12.150 Delegations and individuals are usually referred to the Legislative Council from a number of official sources, such as Federal and Premier’s department protocol sections, the diplomatic and Consular corps, other Government departments with official visitors, the Department of State and Regional Development, overseas diplomatic missions, governments and parliaments of other countries, and the Commonwealth Parliamentary Association, to name a few.

12.151 In addition, the Parliament supports the sister state agreements that New South Wales holds with other jurisdictions. The sister state agreements aim to enhance social, cultural, economic and governmental ties between states. The Parliament has agreements with Guangdong Province, China; Tokyo Metropolitan Government, Japan; Seoul Metropolitan Council, Korea; and California, USA. Delegations from these jurisdictions visit on average every other year. Delegations from the NSW Parliament to these jurisdictions reciprocate visits in the alternate year. Official delegations comprise of one presiding officer, 4 MPs, 2 MLCs and 1 parliamentary officer.

Royal functions applications

12.152 Members visiting London wishing to attend the Royal Garden Party, Trooping the Colour or for admission to the Royal Enclosure at Ascot may apply directly to the Australian High Commission in London on Fax: 0011 44 20 7465 8217.

Jury Service



12.153 Under section 6(b) and schedule 2 of the Jury Act 1977, members, officers and staff of the Parliament are ineligible to serve as jurors. Members and their staff should forward any call for jury service to the Clerk of the Parliaments, who will write to the relevant authority.

166


Constituent responsibilities12.154 There are particular topics, such as applications for justice of peace

support, congratulatory messages, obtaining state flags etc. which members are asked frequently by constituents as a result of other organisation, Acts of Parliament etc. directing constituents to members. Information in this section explains a member’s role within these processes, and outlines where to obtain detailed information.

Justice of the Peace

12.155 To become a Justice of the Peace a prospective applicant must apply to his or her State Member of Parliament. If the member believes the person is suitable for the office of Justice of the Peace, the member will nominate the applicant and forward the nomination to the Attorney General, together with documentation verifying the applicant's eligibility for appointment.

12.156 The system for nominating, registering, and approving Justices of the Peace is under review. Currently, the Justices of the Peace Act 2002 has been passed by the Parliament but has not commenced. This is likely to be commenced mid 2003 and new procedures will apply from this time. Until the change, the current procedures apply. More information concerning the provisions of the new Act and can be found in the Hansard discussion on the Parliamentary website under Justices of the Peace Bill.

12.157 Detailed information concerning Justices of the Peace and the Justice’s of the Peace Handbook is available on the internet at the Attorney General’s site www.lawlink.nsw.gov.au. Place ‘Justice of Peace’ in the site’s search engine to access the information quickly.

Who Can Apply To Be A JP?

12.158 The criteria for appointment is policy adopted by the Attorney General. Presently, the policy criteria allow a person to apply to be a JP if he or she is:

Between the ages of 21 and 75;

Enrolled to vote in New South Wales and is an Australian citizen by birth or naturalisation, or a British subject;

Of good character; and



Required to exercise the functions of a JP in his or her current employment, or on a community basis.

12.159 The required verifying material is:

A birth certificate or naturalisation documents;

A letter from an employer clearly stating that the appointment is necessary for the continued performance of the applicant's employment, or a letter from a community organisation clearly stating that the appointment is necessary for the purposes of the community organisation; and

Character references from persons with certain qualifications, who have known the applicant for more that 3 years and can attest to the applicant's good character.



Honours and Awards – Recognition of Service

12.160 Members may wish to be acquainted with those awards which are available both from within the Australian Honours System and from the New South Wales Government that recognise outstanding achievement, bravery, meritorious service etc.

12.161 Australian Honours System (www.itsanhonour.gov.au)

The Order of Australia is an Australian society of honour for according recognition to Australian citizens and other persons for their service to Australia or to humanity. Nomination may be made by any Australian citizen.

www.itsanhonour.gov.au/about/medal_descriptions/order_of_australia.html

The Australian Bravery Decorations recognise acts of bravery. Nomination may be made by any Australian citizen.

www.itsanhonour.gov.au/about/medal_descriptions/bravery.html

The Public Service Medal recognises outstanding service by members of Australian public services and other Government employees including those in Local Government. Nominations are made by the Chief Executive Officer, Departmental Head, etc. Other Meritorious medals recognise outstanding service members of an Australian defence, police, fire, emergency, correctional, ambulance and Protective service. Nomination made by Chief Executive Officer of the appropriate service.www.itsanhonour.gov.au/about/medal_descriptions/meritorious.html

12.162 New South Wales Government Awards

The State Representative Award recognises people who reach state representative level and succeeded in a competitive field such as dance, music, sport, the arts or academia, and are now representing NSW, nationally or internationally.

www.premiers.nsw.gov.au/livinginnsw/community/communityawards.html



The Government Community Service Award gives recognition to people throughout NSW who have substantially contributed to the improvement of the quality of life of members of their community beyond that expected in their usual occupation. Each Member of Parliament is entitled to nominate two people or organisations per year. www.premiers.nsw.gov.au/livinginnsw/community/communityawards.html

There are four awards issued by the Premier of NSW to members of the public. These awards are the Meritorious Unit Service Award, the Outstanding Achievement Award and the Premier's Emergency Award. The Premier also issues awards to long-serving public servants. .www.premiers.nsw.gov.au/livinginnsw/community/communityawards.html

The NSW Government Meritorious Unit Service Award is awarded to an individual who contributed in an exemplary manner to the relief of the disaster. The individual would normally be associated with an organisation - such as the Red Cross, a volunteer with the State Emergency Service or the NSW Rural Fire Service. The organisation is consulted on the award process.

The NSW Government Outstanding Achievements Award is awarded for outstanding achievement and contribution to the sporting and cultural life of the State. The award is presented to a team or group following a major event.

The Premier's Emergency Award is a new award given to a unit or individual member of a peak emergency organisation for outstanding service to the community. This service is above what is normally expected of that individual or unit. Established in 2002, the award recognises the tireless efforts of those who support, educate and inform the community so that they are safer and healthier.

The NSW Service Medallion is presented by the Premier to public servants who have worked for forty or more years in service to the people of NSW.



Request for Congratulatory message

12.163 The Prime Minister and Governor-General send messages to couples celebrating their 50th and subsequent wedding anniversaries. The Queen sends her regards to those married for 60 years. She will write to the couple every five years after that on request.

12.164 The Prime Minister also sends messages to Australians turning 90 years of age or more. A 100th birthday brings letters from the Queen and the Governor-General. On request, the Queen will write again every five years and the Governor-General will write every year thereafter. The table shows who is eligible.

50thWedding Anniversary

50th plus Wedding Anniversary

90th Birthday

90th plus Birthday

Prime Minister

Yes Yes Yes Yes

Governor-General

Yes Yes No 100th and every year thereafter

The Queen No 60th and every fifth thereafter No

100th and every fifth year thereafter

Note: Messages from the Queen can be arranged for couples or individuals who did not receive a message on their 60th wedding anniversary or on their 100th birthday, as the case may be.

Where will the special message be delivered?

12.165 Arrangements for a message can be made up to two months before the big day. If this year's celebration has passed, a request can be forwarded for a belated message up to a month afterwards.

12.166 Constituents will need to produce supporting documents like birth certificates, marriage certificates or passports. If these are not available, a statutory declaration can be provided instead.



12.167 Where appropriate, the request to the Prime Minister will be passed also to the Queen and the Governor-General, so you only have to make one application.

12.168 State parliamentarians can arrange congratulatory messages from State premiers.

12.169 To avoid distressing relatives when a recipient passes away in the meantime, it is advisable not to arrange messages more than two months in advance.

12.170 Requests for a congratulatory message should be forwarded to:

Level 39The Premiers DepartmentGovernor Macquarie Tower1 Farrer PlaceSydney NSW 2000Fax: 9228 4757



NSW State Flags

12.171 The New South Wales Government encourages private individuals, companies and organisations to fly the State flag.

12.172 New South Wales State flags are provided free of charge to community groups which have the facilities to permit the proper flying or display of the flag on a regular basis.

12.173 Should any member receive a request from a community group wishing to fly or display the New South Wales State Flag recommendations are to be made in writing to:

Protocol DivisionPremier’s Department Level 41Governor Macquarie Tower1 Farrer PlaceSydney NSW 2000

12.174 The Department will supply the flag directly to the member for personal presentation to the group.

12.175 Community groups which are eligible for a State Flag include:

A Recognised Youth Organisation, i.e. one which:i) Confines its members predominantly to persons below

the age of 21ii) Is of long standing or appears to have good prospects

of stabilityiii) Is constituted under the guidance of an adult

managementiv) Has a recognised meeting place and has a wide range

of activities.

State Headquarters of selected non-profit, charitable and community organisations – as determined by the Protocol Division.

Students and teachers participating in overseas exchange programmes – submit requests directly to the Department of School Education.

12.176 Organisations that are confined to one activity (eg. a football club) do not qualify for a flag.



12.177 It is expected that each flag will remain serviceable for a period of seven years, however, members may make recommendations for replacement flags to the Protocol Division should a flag become either no longer serviceable or lost.

174


Appendix A

Definitions

175


Definitions

The following definitions have been extracted from this Guide. They are not intended to provide Members with a legal definition but to assist Members with understanding the particular term and provide direction as to where further information can be found within the Guide.

Allowances

An allowance as defined by the Australian Tax Office is one where a member ‘…is paid a definite predetermined amount. It is an amount contributed towards an expected expense, and is made regardless of whether the member incurs the expense. The spending of the allowance is at the complete discretion of the member.’

Approved Relative

The Legislative Council in consultation with other bodies has determined that an approved relative is a person who meets one of the following criteria:

Wife or husband of the member. If a member has a spouse no other person may be nominated to use this entitlement.

De facto spouse/partner who has lived with a member in a bona fide domestic relationship for a period of two years.

Single or widowed members may nominate a member of their immediate family (parents, siblings, children who are not minors i.e. below 16 years of age) as an approved relative.

Under special circumstances a member may apply through the President to the Tribunal for an exception to the criteria. This will need to be based on the ability of the member to meet their parliamentary duties and individual circumstances that apply at the time. Example:An exemption was made in the case of a member who was breast-feeding a young baby, and whose husband was unable to travel. The Tribunal granted approval for the member’s mother to be the approved relative in relation to travel entitlements under these specific conditions and not for child care in general. The approval was granted on the basis that it would facilitate the efficient performance of the Member’s parliamentary duties.

Considerations:



Nominations for approved relative should be made in writing to the Clerk of the Parliaments for the approval of the President.

Members are permitted to withdraw their nomination and substitute a different relative at any time, provided that the new nominee also meets these requirements.

Where a member has a spouse or a de facto spouse who is a member of the Federal Parliament, travel entitlements are not available to that person. However, if a relative meets the criteria for approval, air travel entitlements may be granted.

These entitlements are funded directly from the Member’s LSA. For further information refer to Chapter 4.

Corrupt ConductCorrupt conduct by a public official involves a breach of public trust and leads to inequality, wasted resources and wasted public money. Corruption commonly involves the dishonest or preferential use of power or position that has the result of one person or agency being advantaged over another. Corrupt conduct could involve:

the dishonest or partial exercise of official functions, or a breach of public trust, or the misuse of information or material acquired in the course of

official functions.For a more detailed definition refer to Pt 3 of the ICAC Act and Chapter 10 of this Guide.

DeterminationThe term determination refers to the document containing the annual findings of the Parliamentary Remuneration Tribunal with regards to members’ salary and entitlements. The term current determination refers to the most recent determination as each determination supersedes the one before it. Refer Chapter 1 for further information.

Dissolved (dissolution)To be included.

Fixed Allocations

Additional entitlements in the nature of fixed allocations are based on actual expenditure. Members are required to substantiate how the allocation was spent and that it complied with the specific guidelines and conditions. With these entitlements costs are either reimbursed to the member or paid direct to the service provider following a claim form being completed correctly and the



production of receipts and or invoices. (Refer Chapter 3 and 4 for further information about each of the entitlements)

Member or MembersRefers to a duly elected Member or Members of the Parliament of New South Wales.

Non-parliamentary expensesTo be included.

Ordinary returnsRefer to the annual pecuniary return lodged with the Clerk. Generally, the annual return relates to the Member’s interests for the 12 month period ending 30 June of each year and must be lodged with the Clerk by 1 October each year.

For more information about ordinary returns and pecuniary interests refer to Chapter 7.

Pecuniary InterestEssentially in general terms pecuniary interests are any financial interests. However, as clarified in Chapter 7, the registration of pecuniary interests by Members of the NSW Parliament is not limited to interests that have a quantitative financial benefit for Members

Primary ReturnsRefers to the first return made by a Member. With respect to Members who hold office on 30 June 1983, the primary return relates to their interests on 30 June 1983. With respect to a Member who first gained office after 30 June 1983, the primary return relates to the Member’s interests at the date on which he or she takes and subscribes the oath, or makes the affirmation required under section 12 of the Constitution Act.

Principal place of residenceTo be included. Refer to Chapter 3 and Appendix C.

Principal purposeTo be included.

ProrogationTo be included.

Public resourceTo be included.



ResolutionTo be included.

WarrantA one-way travel voucher. Refer to Chapter 3 for details.

ZonesAre those areas prescribed in the determination. Refer to Appendix B.


LEGISLATIVE COUNCIL MEMBERS' GUIDE

Acronyms

ATO Australian Taxation Office

PRT Parliamentary Remuneration TribunalThe Tribunal Parliamentary Remuneration TribunalLSA Logistic Support Allocation

ICAC Independent Commission Against Corruption

GST Goods and Services Tax

PSEM Public Sector Employment and Management Act



181


Appendix B

Parliamentary Remuneration Tribunal Annual Report and Determination


ANNUAL REPORT AND DETERMINATION OF ADDITIONAL

ENTITLEMENTS FOR MEMBERS OF THE PARLIAMENT OF

NEW SOUTH WALES

by the

PARLIAMENTARY REMUNERATION TRIBUNAL

pursuant to the

Parliamentary Remuneration Act 1989

24 JUNE 2004

LEGISLATIVE COUNCIL MEMBERS' GUIDEPARLIAMENTARY REMUNERATION ACT 1989

REPORT PURSUANT TO SECTION 13(1) OF THE ACT

1. INTRODUCTION

Section 11 of the Parliamentary Remuneration Tribunal Act 1989 (“the Act”) prescribes that

the Parliamentary Remuneration Tribunal (“the Tribunal”) shall make an annual

Determination as to the additional entitlements for Members and Recognised Office Holders

(as defined under the Act) on or before 1 June in each year or on such later date as the

President of the Industrial Relations Commission of New South Wales determines.

Section 13 (1) of the Act requires that the Tribunal make a report to the President of the

Industrial Relations Commission of New South Wales for each Determination made by the

Tribunal. The President is then required, as soon as practicable after receipt of the report, to

forward it to the Minister (see section 13(2)).

On 1 April 2004 the Tribunal commenced proceedings in relation to the annual Determination

required for the year 2004 by writing to all Members and inviting submissions. The Tribunal

received submissions from the major political parties and some individual Members.

While there were a range of matters canvassed in the submissions the Tribunal does not intend

to discuss all in their entirety. As has been the previous practice, the Tribunal has made

changes to the Determination without the need for detailed separate reasons being provided.

Such changes reflect, in general, minor wording changes to give greater consistency to the

Determination.

The submissions have, however, also raised a number of substantive issues which, in the

Tribunal’s view, merit further consideration.

1


2. GENERAL MATTERS RAISED

Additional Entitlements for Shadow Ministers

The Tribunal has received representations from Members of the major Opposition Parties for

the reinstatement of additional entitlements for Shadow Ministers.

The Tribunal first determined additional entitlements for Shadow Ministers (being a specific

class of Member) in its 2000 Annual Report and Determination. The provision of these

additional entitlements followed in the 2001 and 2002 determinations. In 2003, however,

following the receipt of advice from the Crown Solicitor, the Tribunal withdrew the provision

of additional entitlements for Shadow Ministers. As outlined in the 2003 Report and

Determination:

“the Tribunal sought the advice of the Crown Solicitor on the Tribunal’s authority to determine additional entitlements for Shadow Ministers and clarification of those sections of the Act which would allow or prevent the Tribunal from determining additional entitlements for Shadow Ministers. This was necessary to ascertain exactly what the Tribunal’s statutory powers were in determining additional entitlements for Shadow Ministers.

On 16 October 2002 the Crown Solicitor noted that section 10A of the Act provided for additional entitlements to facilitate the efficient performance of parliamentary duties by Members and Recognised Office Holders.

The Crown Solicitor concluded that the Tribunal could not determine additional entitlements for Shadow Ministers as they were not recognised Office Holders for the purposes of the Act. He also advised that the Tribunal could not determine additional entitlements for Shadow Ministers as Members because the duties performed by Shadow Ministers are not the parliamentary duties ordinarily performed by Members.

He stated that the safest course of action in providing additional entitlements is to include the ‘office’ of Shadow Minister in Schedule 1 of the Act.

The Tribunal continues to support the provision of additional entitlements for Shadow

Ministers. Shadow Ministers perform an important role in our system of government and, to

perform this role properly, require sufficient resources and support.

2

LEGISLATIVE COUNCIL MEMBERS' GUIDEThe Tribunal notes that an amendment to the Act is required. The Tribunal notes that this is a

matter for the Government and would recommend again that the Act be amended to allow for

additional entitlements to be provided to Shadow Ministers.

Sydney Allowance

The Tribunal’s 2003 annual review highlighted the need for a major review of the Sydney

Allowance and its conditions of use. In its Report of 30 June 2003 the Tribunal noted that:

“It is clear to the Tribunal that the Sydney Allowance is in need of a fundamental review. All aspects of the Allowance require consideration from the quantum of the daily rate to whether the number of overnight stays - introduced in 1990 – need to be re-assessed in light of the work patterns of Members and Recognised Office Holders. The rules underpinning this entitlement will also need to be examined to ensure they are sufficient to meet the needs of Members and the Legislature. Finally, the Tribunal may also need to assess a definition of “principal place of residence” in connection with this entitlement.”

Following the annual review the Tribunal wrote to the Premier on 3 October 2003 seeking a

special reference to review the Sydney Allowance. The Premier, in his letter of 15 October

2003, agreed to the Tribunal’s request and provided the Special Reference pursuant to section

12 of the Act.

The Tribunal wrote to those Members currently in receipt of the Sydney Allowance as well as

the Presiding Officers and met with those who wished to discuss particular issues.

The Tribunal prepared a draft report and determination. On 8 April 2004 the Tribunal

received a request from the Premier to defer the implementation of the Determination for a

period of 12 months. The Premier has expressed his concern that with restrictions on

expenditure being imposed in the public sector any potential increase in allowances to

Members would run counter to the broad thrust of budget restraint.

The Tribunal considered the Premier’s request carefully and agreed to defer making the

determination for a period of 12 months. This means that the determination on the Sydney

Allowance will not be made until March 2005. The Tribunal will write to Members nearer the

time of the completion of this review to determine whether there are any additional matters to

be put to the Tribunal for consideration.

3

LEGISLATIVE COUNCIL MEMBERS' GUIDERulings of the Tribunal

One Member has requested that the Tribunal make a Ruling relating to the Member’s use of

particular additional entitlements. Section 17A of the Act provides that only the President of

the Legislative Council or the Speaker of the Legislative Assembly may request the Tribunal

to give a ruling on the interpretation or application of a determination. The Tribunal has not

received a request from the Presiding Officers in relation to the matters raised by the Member

in question.

The Parliament is responsible for the administration of additional entitlements in a manner

consistent with the guidelines and general conditions outlined in the Tribunal’s determination.

It is the role of the Parliament to determine whether or not a Member should receive specific

additional entitlements on a case by case basis, and based on the conditions determined by the

Tribunal.

Publication of Members’ Additional Entitlements

The Premier has written to the Tribunal referring to the recommendation made by the

Auditor-General in his Report to Parliament 2004 (Volume One) that Members’ expenditure

be published.

The Auditor-General considers that the publication of individual Members’ spending of each

additional entitlement would increase transparency and accountability to the NSW public. He

also recommends that the financial report should be tabled in the Parliament each year. The

Tribunal has also received a submission, as part of the annual review process, in support of

the Auditor General’s proposed changes.

While the Auditor General’s recommendation has merit the Tribunal notes that its

determination already contains a significant amount of information to inform Members and

the public on the range and level of additional entitlements available to Members of

Parliament. The Logistic Support Allocation, Sydney Allowance and Electoral Allowance

entitlements provide maximum amounts against which Members can expend.

In addition to the dollar value of these entitlements, the Determination provides definitions

and guidelines to assist members in the use of these entitlements. Members may not exceed

4

LEGISLATIVE COUNCIL MEMBERS' GUIDEthese entitlements, and with the exception of the Electoral Allowance, are required to

reimburse to the Parliament any unspent portion.

The Tribunal would support the Auditor General’s recommendations but does not consider

that it should make a determination on this issue at this time. At this stage it should be a

matter for the Presiding Officers. The Tribunal is however, willing to further consider this

issue during the 2005 annual review. Submissions outlining additional information or

concerns from the Auditor General and Members would be welcome at that time.

Definitions

The Tribunal’s determination does not prescribe a definition of spouse, de facto or approved

relative in the context of additional entitlements. Members are currently entitled to use their

Logistic Support Allocation to make appropriate travel arrangements for their spouse, de facto

or approved relative. Any such travel must be undertaken in connection with a Members’

parliamentary duties.

The Tribunal has become aware that inconsistencies exist between the definition of spouse, de

facto or approved relative contained in guidelines provided by the Legislative Council and the

Legislative Assembly. The Tribunal is concerned that these differences may lead to confusion

or abuse of entitlements.

The Tribunal has examined the current definitions and has determined an appropriate

definition for use in the context of Members’ additional entitlements. That definition is

included in the Determination.

REVIEW OF ADDITIONAL ENTITLEMENTS

Electoral Allowance

The Tribunal has received a number of submissions seeking adjustments to the Electoral

Allowance in line with movements in the Consumer Price Index (CPI). This method is

consistent with the Tribunal’s approach to adjusting this allowance in recent years. For this

review the Tribunal has considered movements in the CPI and other economic indicators and

has determined that the Electoral Allowance will increase by 3 per cent.

5


Sydney Allowance

As previously discussed in the report, the Tribunal has undertaken a review of the Sydney

Allowance. At the request of the Premier the Tribunal has deferred the making of the

determination until March 2005. Prior to making its determination the Tribunal will again

consider any matters relevant to the review. In the mean time the Tribunal will adjust the

allowance in line with movements in the CPI and other economic indicators, i.e. 3 percent.

Logistic Support Allocation (LSA)

The Tribunal introduced the LSA in 2000 as a means of grouping a broad range of

entitlements formerly available to Members in various forms. To simplify these entitlements

the Tribunal determined a monetary value for each entitlement and grouped them into four

broad areas of activity. Each Member was allocated an LSA account to which various

expenditures incurred under the four broad areas would be debited.

LSA budgets were based on electorate Groupings for the Legislative Assembly and Zones for

the Legislative Council. Budgets were based on actual expenditure figures obtained from the

Legislature.

Members are given the flexibility to use the LSA to meet their particular needs in the

performance of their parliamentary duties. Members are able to carry forward unspent

entitlements and may manage the funds as they deem appropriate. Accountability and

transparency in the use of the LSA are provided through the rules imposed by the Tribunal

including an annual audit requirement.

A number of submissions again raise the issue of approved items which may be expended

from the LSA. The Tribunal provides a list of items which may be funded from a Member’s

LSA which it does not intend to add to at this time. As outlined in the 2003 Determination,

the Presiding Officers may exercise their discretion in permitting expenditure for items not on

the “List”.

Another submission seeks an increase in the communication non-electronic component of the

LSA for Members of the Legislative Council to reflect increased postage costs and in

recognition that these members are not eligible to receive the Electoral Mailout Account.

6


In the Tribunal’s initial determination the communication – non-electronic component was,

for the most part, based on the actual number of stamps Members’ received. This allowance

has increased steadily since that time as demonstrated in the following table:

Communication – non-electronic

Legislative Assembly Legislative Council

1999 Initial Determination $9,400 $2,800

2000 Annual Determination $11,000 $2,800




The cost of standard postage was increased by 5 cents or 11 percent in January 2002. As

indicated above the Tribunal has provided an equivalent increase in the communication - non-

electronic component of the LSA since the scheme was first introduced in 2000. The Tribunal

does not consider that any further increase is warranted in the communication non-electronic

component of the LSA.

The Tribunal provided an increase of 3.4 percent in the LSA for the 2003 annual review. On

this occasion the Tribunal will adjust the allowance in line with movements in the CPI and

other economic indicators, i.e. 3 percent.

Committee Allowance

The purpose of this Allowance is to remunerate Members servings as Chairpersons on

Committees for the extra time and effort required to carry out this role. In previous

Determinations this allowance has been increased in line with Members’ salary increases.

Member’s salaries were increased from 1 July 2003 by 4 percent. In accordance with normal

practice, therefore, the Committee Allowance will be increased by 4 percent.

Reimbursement of Expenses for Charter Transport for Members of the Legislative

Assembly

7


Electorate charter transport allowances for Members of the Legislative Assembly were

reviewed in 2002 when the Tribunal provided for an increase of 15 percent. No further

increase was provided in 2003. This year, in response to submissions received, the Tribunal

has undertaken a review of these costs.

As part of this review, the Tribunal has undertaken a survey of fees charged by air charter

transport operators. The results of the survey indicate that since 2002 fees have increased by

approximately 8 percent. Air charter operators have attributed the increase to increased fuel,

insurance and landing costs. Having regard to the above, the Tribunal has determined that an

increase of 8 percent in the maximum amount reimbursable for charter transport for members

of the Legislative Assembly. Actual amounts and conditions applying in respect of charter

transport allowances are specified in the annual determination.

In addition, the Tribunal has considered a request to amend condition 5 of the Charter

Transport Allowance guidelines. Currently, the Determination provides that where the only

source of available charter transport is outside the boundaries of the electorate, the reasonable

additional expenses consequently incurred may be included in the reimbursement available

under this determination.

The Tribunal has now been advised that in certain circumstances, while charter transport

services may exist within an eligible member’s electorate, these may not necessarily be the

most convenient for the eligible member to use.

The Tribunal considers that, especially in the larger rural electorates where members are often

required to travel long distances, a members should be able to access their closest charter

transport provider whether that be located inside or outside of their electorate. As such, the

Tribunal has agreed to amend condition 5 of the Charter Transport Allowance to allow a

member to use the closest charter transport provider to his/her electorate office or principal

place of residence.

Travelling Allowances for Recognised Office Holders

The Tribunal has undertaken a review of the travelling allowances paid to Recognised Office

Holders. The Tribunal’s Determination is based on those rates provided to NSW Public

8

LEGISLATIVE COUNCIL MEMBERS' GUIDEServants and those deemed “reasonable” by the Australian Taxation Office (ATO). In both

the NSW Public Sector and ATO guidelines, travel allowances are differentiated on the basis

of destination and salary level of officer.

In previous determinations the Tribunal has classified Recognised Office Holders into one of

three groups for the purpose of providing travelling allowances. These groupings have been

amended to ensure compatibility with guidelines applicable in the NSW Public Sector. Based

on those guidelines, Recognised Office Holders and all Members fall within either Group One

or Group Two for the purpose of determining allowances for travel. The Tribunal has made an

appropriate adjustment to reflect these changes.

In addition, the Tribunal has included a number of Recognised Office Holders not previously

listed in the Tribunal’s determination. The list of Recognised Office Holders eligible to

receive travelling allowances now reflects those Recognised Office Holders listed in Schedule

1 of the Act.

Recognised Office Holder and Other Member Entitlements

The Tribunal has received a number of submissions seeking changes to the additional

allowances for recognised office holders and other member entitlements. These allowances

are expressed as a percentage of each of the four components of the LSA and were originally

calculated on the basis of actual additional entitlements provided to the various office holders

i.e., number of stamps in addition to those provided to an ordinary member.

The Tribunal has made a small adjustment to the printing, stationery and office supplies

component for a Party Leader (not less than 10 Members). This allowance has been increased

from 20 percent to 40 percent to bring it in line with allowances provided to other equivalent

office holders.

While the Tribunal has been asked to adjust these additional allowances for other recognised

office holders, it has not received any details of additional costs incurred or any rationale to

warrant such increases. In light of this the Tribunal has determined no further adjustments are

to be made to these allowances at this time.

3. SUMMARY OF 2004 DETERMINATION

9

LEGISLATIVE COUNCIL MEMBERS' GUIDEElectoral Allowance 3 percent increaseSydney Allowance 3 percent increaseLogistic Support Allocation 3 percent increaseElectorate Mailout Account No increaseCommittee Allowance 4 percent increaseElectorate Charter Allowance 8 percent increaseTravel Allowances Increase generally to public sector rates.

Dated this 24th day of June 2004

The Honourable Justice R Boland

THE PARLIAMENTARY REMUNERATION TRIBUNAL

10

LEGISLATIVE COUNCIL MEMBERS' GUIDETHE DETERMINATION OF THE PARLIAMENTARY REMUNERATION

TRIBUNAL

THE DETERMINATION

Pursuant to section 10 (2) and 11(1) of the Parliamentary Remuneration Act, 1989 (the Act),

the Tribunal makes the Determination appearing hereunder.

With effect on and from 1 July 2004, and pursuant to section 10 (6) of the Act, all previous

Determinations of the Tribunal are revoked. This Determination shall constitute the annual

Determination and shall operate on and from 1 July 2004.

DEFINITIONS

“Member” or “Members” refers to a duly elected Member or Members of the Parliament of

New South Wales (referred to hereinafter in this Determination as “the Parliament”).

In this Determination the expression “additional entitlements” is to be understood in the sense

used in Part 3 of the Act.

“Parliamentary duties” has the meaning attributed to it by section 3 of the Act,

“Electoral groups” are the groups of electorates specified in Schedule 1.

For the purpose of the Additional Entitlements Account for Members of the Legislative

Council, “Zones” shall be those areas described in Schedule 2A.

“Approved relative” is a person who meets one of the following criteria;

Wife or husband or the member. If a member has a spouse no other person may be

nominated to use this entitlement.

De facto spouse or partner who is living with a member in a bona fide domestic

relationship.

11

LEGISLATIVE COUNCIL MEMBERS' GUIDE Single or widowed members may nominate a member of their immediate family

(parents, siblings, children who are not minors i.e. below 16 years of age) as an

approved relative.

Under special circumstances a member may apply through the Presiding Officers to the

Tribunal for an exception to the criteria. This will need to be based on the ability of the

member to meet their parliamentary duties and individual circumstances that apply at the

time.

GUIDELINES AND GENERAL CONDITIONS REGARDING ADDITIONAL ENTITLEMENTS FOR MEMBERS IN CONNECTION WITH PARLIAMENTARY DUTIES.

1. Guidelines

Every class of “additional entitlements” described in this Determination is provided pursuant

to section 10 (1) (a) of the Act “for the purpose of facilitating the efficient performance of the

Parliamentary duties of Members.” The following guidelines shall apply to the receipt, use

and operation of additional entitlements.

1. Circumstances upon which the additional entitlements may be used for Parliamentary

Duties.

1.1 Additional entitlements are provided to facilitate the efficient performance of

the following particular Parliamentary duties of Members as follows:

1.1.1 Activities undertaken in representing the interests of constituents, but

excluding activities of an electioneering or political campaigning

nature.

1.1.2 Performing electorate work for a Member’s electorate and participation

in official and community activities to which the Member is invited

because of the Member’s status as a Parliamentary representative.

1.1.3 Attending and participating in sessions of Parliament.

1.1.4 Participation in the activities of Parliamentary committees.

1.1.5 Attending Vice-Regal, Parliamentary and State ceremonial functions.

1.1.6 Attending State, Commonwealth and Local Government functions.

12

LEGISLATIVE COUNCIL MEMBERS' GUIDE1.1.7 Attending official functions to which a Member is invited because of

the Member’s status as a Parliamentary representative, eg. receptions

and other community gatherings hosted by members of the diplomatic

corps, educational and religious institutions, community and service

organisations, business associations, sporting bodies or other special

interest groups.

1.1.8 Participation in the activities of recognised political parties, including

participation in national, State and regional conferences, branch

meetings, electorate council meetings, executive meetings, committee

meetings, and meetings of the Members of the Parliamentary political

party, its executive and committees.

1.1.9 For a Member elected to the Parliament as an independent, participation

in activities that are reasonable alternatives to participation in the

activities of recognised political parties.

1.1.10 A Member who is elected to the Parliament as a representative of a

recognised political party and who subsequently resigns from that party

membership and thereafter sits as an independent Member, howsoever

described, shall continue to receive the same entitlements as they

received as a Member of the party prior to resignation and not the

additional entitlements provided to elected independents. The Member

is also not entitled to the benefit of the rule in Clause 1.1.9 above.

1.1.11 Participation within Australia in the activities of the Commonwealth

Parliamentary Association as well as activities outside Australia

organised by the Commonwealth Parliamentary Association provided

such activities arise directly from Membership of the New South Wales

Branch and officially endorsed by the Branch (exclusive of air travel).

1.1.12 Participation in a Parliamentary Group such as the Asia Pacific

Friendship Group; provided that, such group is approved in writing by

the President of the Legislative Council and the Speaker of the

Legislative Assembly. Such written approval shall be forwarded to the

Tribunal.

2. Where any additional entitlement fixed by this Determination is to be used for the

purpose of facilitating Members’ participation in the activities of recognised political

13

LEGISLATIVE COUNCIL MEMBERS' GUIDEparties, the Tribunal sets out the following guidelines as to the use of that additional

entitlement:

2.1 Parties registered under the Parliamentary Electorates and Elections Act 1912,

and included in the register of parties maintained by the Electoral

Commissioner, are to be treated as recognised political parties.

2.2 Additional entitlements should not be used to fund:

2.2.1 activities such as those associated with party Membership drives;

2.2.2 mail distributions for non-electorate or non-Parliamentary activities;

2.2.3 costs associated with election campaigning for an individual Member;

2.2.4 fund raising for other party political Members (such as the purchase of

raffle tickets, raffle prizes or tickets to attend functions, etc); and

2.2.5 costs previously borne by political parties which are not principally

related to a Member’s Parliamentary or electorate duties.

2.3 The electorate office provided for a Member of the Legislative Assembly is not

to be used as an election campaign office.

3. The Tribunal sets out the following additional and general guidelines:

3.1 Some intermingling of a Member’s Parliamentary duties and private activities

is in practical terms not always easily avoided, but the onus is always on the

Member to show that any expenditure or any claim for reimbursement relates

to Parliamentary duties, or to the Parliamentary duties component of costs

incurred for intermingled Parliamentary duties and private purposes.

3.1 In the case of electorate work, any activities within the electorate, and in

respect of which a Member’s involvement may reasonably be regarded as

deriving from the Member’s status as the Parliamentary representative for the

electorate, should be treated as Parliamentary duties.

3.3 In the case of Parliamentary work, any activities in which a Member’s

involvement may reasonably be regarded as deriving from the Member’s

14

LEGISLATIVE COUNCIL MEMBERS' GUIDEresponsibilities as a Parliamentary representative should be treated as

Parliamentary duties.

3.4 In the case of a Member’s activities within the broader community outside the

Member’s electorate, activities that may reasonably be regarded as deriving

from the Member’s status as a Parliamentary representative should be treated

as Parliamentary duties.

15

LEGISLATIVE COUNCIL MEMBERS' GUIDE2. Conditions

The following general conditions will apply to all additional entitlements determined

hereunder. These conditions are in addition to any special conditions attaching to the

provision of allowances or other benefits (as specified later in this Determination):

1. All procurement by Members will be in accordance with the Parliament’s purchasing

policies.

2. Members must ensure that they have sufficient funds to meet the costs associated with

their Parliamentary duties.

3. Each Member shall have, in addition to payments of the Electoral and Sydney

Allowance, an account entitled the “Logistic Support Allocation’ which shall cover

expenditure in the areas of transport (excepting for electorate to Sydney travel),

communications, printing and stationery and office supplies.

4. The Logistic Support Allocation shall be established and maintained by the Clerks of

the Parliament. Members should be advised by the Clerks each month as to the

balance of their Logistic Support Allocation

5. The funds in the Logistic Support Allocation shall only be used by the Member to

carry out the purpose for which the allowance is established, but otherwise may,

subject to these conditions, manage the funds as he/she thinks appropriate.

6. Nothing shall prevent the use of the Electoral Allowance for legitimate electorate

expenses which might also fall within the categories of expenses covered by the

Logistic Support Allocation.

7. All accounts and Members’ claims must be submitted to the Legislature for payment

within 60 days of receipt or occurrence of the expense.

8. All Members’ additional entitlements in the nature of fixed allocations and Sydney

allowance provided to Members shall be audited annually for compliance. In addition

to any internal audit conducted by the Parliament, Members’ additional entitlements in

16

LEGISLATIVE COUNCIL MEMBERS' GUIDEthe nature of fixed allocations and the Sydney allowance provided to Members shall be

the subject of an external audit conducted by the Auditor-General of NSW. The cost of

any audit shall be met by the Parliament. Members should ensure they maintain

appropriate records of expenditure for the purpose of any audit.

9. Expenditure is only to be incurred in connection with the Parliamentary duties of

Members (and in this respect the Member should refer to the guidelines in this

Determination).

10. The various allowances determined here, as well as the Logistic Support Allocation

are for the sole use of the Member and are not to be transferred to other persons or

organizations including Members. The Member may use his/her entitlements to meet

official costs of the approved relative and/or staff employed by the Parliament when

that expenditure is in connection with official Parliamentary duties.

11. Benefits accrued by a Member by way of loyalty/incentive schemes such as frequent

flyers, as a consequence of the Member using his or her additional entitlements, are to

be used only for Parliamentary duties and not for private purposes. Any outstanding

benefits of this nature, when the Member ceases to be a Member, are to be forfeited.

17

LEGISLATIVE COUNCIL MEMBERS' GUIDEADDITIONAL ENTITLEMENTS IN THE NATURE OF ALLOWANCES

1. Electoral Allowance

Purpose and Operation of the Provision

The allowance is based upon those factors which have historically been taken into account in

assessing the quantum of the allowance (including the additional costs associated with the

performance by Members of their Parliamentary duties in their electorates) and such other

factors as may be determined from time to time as appropriate to be taken into account by the

Tribunal under the Act.

Entitlement

The allowances shall be paid as follows:

a. Each Member of the Legislative Assembly and the Legislative Council shall receive

an electoral allowance. The quantum of that allowance shall be fixed in accordance

with the electoral grouping for the electorate of the Member.

b. The allowance payable per annum for each electorate group shall be as follows:

Electorate Group Allowance

Group 1 $34,735

Group 2 $40,680

Group 3 $47,940

Group 4 $52,335

Group 5 $55,670

Group 6 $61,030

Group 7 $64,075

Group 8 $71,375

c. The electoral allowance for each Member of the Legislative Council shall be $47,940

per annum.

18

LEGISLATIVE COUNCIL MEMBERS' GUIDE2. Sydney Allowance

Purpose and Operation of the Provisions

The Sydney allowance is provided to Members who reside in non-metropolitan electorates to

compensate for the additional costs including commercial accommodation, meals and

incidental costs associated with staying in Sydney to attend sessions of Parliament, meetings

of Parliamentary committees or other Parliamentary business.

For the purpose of this allowance the non-metropolitan electorates (Electorate Groups 2-8)

have been divided into two categories based on distance from Sydney. Members whose

principal place of residence is in either Category 1 or Category 2 electorates, as specified in

Schedule 2, are eligible to receive the Sydney allowance.

19


Entitlement

The daily rate (including the number of overnight stays) and the annual amount for the

Sydney allowance for categories 1 and 2 shall be in accordance with Table 1 below. Where a

Member elects for a daily rate, he/she shall be entitled to the daily rate for the number of

overnight stays per annum specified in that Table, except as provided in conditions 3 and 4.

TABLE 1

Residence Daily Rate Annual amountOvernight

Stays p.a.Overnight in Sydney

In Transit to and from Sydney

Minister, Speaker,

President, Leader of the

Opposition (Assembly and

Council), Leader of Third

Party in Assembly with not

less than 10 Members.

Category 1

or 2

140 180 139 $25,200

Deputy Speaker, Chairman

of Committees in the

Legislative Assembly and

Chairman of Committees in

the Legislative Council.

Category 1

or 2

120 180 139 $21,600

Parliamentary Secretary/ Category 1 90 180 139 $16,200

Category 2 120 180 139 $21,600

Other Assembly/Council

Members

Category 1 90 180 139 $16,200

Category 2 120 180 139 $21,600

The following conditions apply to the Sydney allowance:

1. A Member can choose to receive the Sydney allowance as either an annual fixed

allowance or a daily rate.

20

LEGISLATIVE COUNCIL MEMBERS' GUIDE2. Where a Member chooses to receive the daily rate of allowance the Member shall

receive the overnight daily rate as specified in Table 1 at the ‘Sydney’ or the ‘transit to

and from Sydney’ rate as applicable. The Member is entitled to the number of

overnight stays per annum specified in Table 1 without the need to substantiate to the

Parliament expenses up to the daily rate.

3. Where the reasonable daily costs exceed the daily rate, full substantiation of daily

costs will be required (including tax invoices/receipts).

4. Where the number of overnight stays is exceeded, documentary evidence of each

overnight stay will be required.

5. When in receipt of the annual allowance Members are required to certify at the end of

the financial year the number of occasions they stayed in Sydney and that on each

occasion the stay was for Parliamentary business. Members who nominate to receive

the annual allowance cannot claim for additional overnight stays in excess of those

specified in Table 1.

6. Members will need to maintain records or other relevant evidence that clearly

document the occasions they stayed in Sydney in connection with their Parliamentary

duties. Such documentation could include airline boarding passes for arrival and

departure from Sydney or any other documentary evidence of having travelled and

stayed in Sydney in connection with Parliamentary duties.

7. Members in receipt of the annual amount will be required to return to Parliament the

unspent portion of the Allowance for re-credit of the Consolidated Fund.

8. Members are not to claim the Sydney Allowance if they stay in Government owned or

funded accommodation including Parliament House.

21


3. Committee Allowances


Committee Allowances are paid to Chairpersons of Joint, Select and Standing Committees in

recognition of the additional responsibilities of the office. Because of the statutory nature of

the Public Accounts Committee and its role in Government activities, an annual rate of

allowance is payable to Members of the Public Accounts Committee.

Entitlement

The allowances shall be paid as follows:

Members of the Legislative Council and the Legislative Assembly serving as Chairpersons of

Joint Committees, Select Committees and Standing Committees shall be paid the sum of

$139.00 for each day upon which they attend a meeting or an official visit of inspection if that

day is one upon which the Legislative Council (so far as a Member of the Council is

concerned) or the Legislative Assembly (so far as a Member of the Assembly is concerned) is

not sitting. This allowance is not payable to Chairpersons in receipt of a salary of office as

specified in Schedule 1 of the Parliamentary Remuneration Act 1989.

Members of the Public Accounts Committee, other than the Chairperson, shall each receive a

committee allowance of $3,170 per annum.

22

LEGISLATIVE COUNCIL MEMBERS' GUIDEADDITIONAL ENTITLEMENTS IN THE NATURE OF FIXED ALLOCATIONS

1. Electorate to Sydney Travel

Purpose and Operation of the Provisions

Members of the Legislative Assembly who reside in electorate groups 2 to 8 and Members of

the Legislative Council who reside in zones 2 or 3 qualify for return air travel warrants

between their electorates/zones and Sydney.

These entitlements are provided for the performance of Parliamentary duties.

All eligible Members shall receive one hundred and four (104) single economy class journeys

per annum between electorate/zone and Sydney.

Where eligible, each of the below mentioned recognised office holders shall be entitled to the

following additional electorate to Sydney travel entitlements per annum.

EntitlementOffice holder Electorate to Sydney travel entitlement

Minister of the Crown 32 single journey entitlements

Speaker of the Legislative Assembly 32 single journey entitlements

President of the Legislative Council 32 single journey entitlements

Leader of the Opposition Assembly and Council 32 single journey entitlements

Leader of Party (not less than 10 Members in the

Legislative Assembly)

32 single journey entitlements

Chairman of Committees Legislative Assembly

and Legislative Council

32 single journey entitlements.

Deputy Speaker 32 single journey entitlements

Deputy Leader of the Opposition Assembly and

Council


Deputy Leader of Party (not less than 10

Members in the Legislative Assembly)


23

LEGISLATIVE COUNCIL MEMBERS' GUIDEConditions

1. All electorate to Sydney travel and return is restricted to economy class.

2. Warrants may be used to meet the cost of using a private motor vehicle or rental

vehicle in lieu of electorate to Sydney air travel. The amount to be reimbursed for this

purpose is not to exceed the commercial airfare for an equivalent distance flight.

3. A minimum of one warrant is required to be surrendered for each single journey; a

return trip will require the surrender of at least two warrants.

4. Warrants are not transferable between Members, or approved relatives, or Members’

staff.

5. Where the Determination refers to warrants, the expression is intended to include a

reference to the existing system for electorate to Sydney travel used for the Legislative

Council.

6. Members may use electorate to Sydney warrants to defray part of the cost of intrastate

and interstate Parliamentary travel when such travel is via Sydney.

7. Members may charter a plane in lieu of travelling on commercial flights provided that

travel is for electorate and/or Parliamentary business and that sufficient warrants based

on the equivalent commercial cost of each person travelling are surrendered. The cost

of Member’s approved relative travelling on the charter is to be met from the

Member’s Logistic Support Allocation. It is a condition of all air transport charters

that the Member responsible for organising the charter obtain a passenger manifest

from the charter operator and attach it to the invoice when it is sent for payment.

8. A Member’s air transport bookings for Parliamentary duties are to be made through

the booking agent nominated in the NSW government travel contract, for all types of

transport covered by the contract. Should the official NSW government travel

booking agent not offer a booking service required by a Member for Parliamentary

24

LEGISLATIVE COUNCIL MEMBERS' GUIDEduties, the Member’s transport bookings for that service may be made directly with

the transport provider.

9. Members will need to maintain records or other relevant evidence that clearly

document the occasions they travelled to Sydney in connection with their

Parliamentary duties. A copy of this documentation is to be supplied to the

Parliament’s administration. When travelling by commercial air flights, copies of

airline boarding passes are to be supplied to the Parliament when issued for arrival and

departure from Sydney.

25

LEGISLATIVE COUNCIL MEMBERS' GUIDE10. 2. Logistic Support Allocation


The Clerks of the Parliament will establish a Logistic Support Allocation Account for each

Member. Each Member’s Logistic Support Allocation Account may be applied for the

following purposes:

All interstate and intrastate transport for Parliamentary business (any mode) excepting

electorate to Sydney travel

Taxi travel

Staff travel costs (training excluded)

Airport parking

Transport expenses for Members’ approved relative

Home telephone, facsimile and internet call charges for official business

Mobile telephone call charges and network access fees

Mail distribution and postal delivery services

Post Office box rental

Fax Post, Express Post and Lettergram services

Postage stamps

All stationery costs

Courier and freight charges for delivery of stationery or equipment to electorate or

home office

Costs associated with photocopying

Printing (both Parliament House and external providers)

Publication services at Parliament House

Developing and hosting a web page for individual Member

Office equipment purchases up to $2,500 (excluding GST)

Any maintenance charges relating to minor equipment purchases

Computer software

Computer hardware and peripheral devices not exceeding $4,999

26

LEGISLATIVE COUNCIL MEMBERS' GUIDEIt is intended that the above list be used as a guide as to the types of items Members can spend

against their Logistic Support Allocation. The Presiding Officers may exercise their discretion

in permitting expenditure for items not on the “List”. There must be sufficient funds in the

Member’ Logistic Support Allocation, the items must not duplicate services already provided

to Members by the Parliament and the expenditure must be consistent with the guidelines and

general conditions in this Determination.

Entitlement

Each Member and Recognised Office Holder of the Legislative Assembly who resides in one

of the following electorate groups will be entitled to an annual allocation for the Logistic

Support Allocation as follows:

Electorate Group Entitlement

Group 1 $26,985

Group 2 $30,255

Group 3 $32,385

Group 4 $32,385

Group 5 $32,385

Group 6 $32,385

Group 7 $34,515

Group 8 $34,515

Each Member and Recognised Office Holder of the Legislative Council who resides in one of

the following zones will be entitled to an annual allocation for the Logistic Support Allocation

as follows:

Zone Entitlement

Zone 1 Electorates $18,220



27

LEGISLATIVE COUNCIL MEMBERS' GUIDERecognised Office Holders are entitled to further additional entitlements as specified in

Schedule 3.

General Conditions

The following general conditions shall apply to the Logistic Support Allocation Account:

1. Subject to these conditions, each Member shall determine at his/her own discretion the

use of the funds within this Account for the purpose and operations specified above.

2. It is the primary responsibility of Members to ensure that they manage their Logistic

Support Allocation Account to ensure that they do not over-expend their budgets. No

supplementation of this Allocation will be allowed by the Tribunal. However, the

Logistic Support Allocation is not intended to restrict the proper use of the electoral

allowance, which may be used to meet any expense referred to in the ‘purpose and

operations’ section of this clause.

3. Members may not use their Logistic Support Allocation to procure goods or services

to be used for electioneering purposes or political campaigning.

4. Any unused funds remaining in the Member’s account at the end of the financial year

within the four year Parliamentary term shall be carried over to the following financial

year. At the end of each 4 year Parliamentary term or the earlier dissolution of the

Legislative Assembly, any balance remaining in the Member’s account is to be

relinquished to the Consolidated Fund.

5. Accounts will be paid either directly by the Parliament and debited to a Member’s

account or paid in the first instance by the Member who would then seek

reimbursement from the Parliament.

6. Members must personally authorise expenditure from their Logistic Support

Allocation. Whilst, subject to the further conditions, Members may determine at their

discretion the use of the funds available for any purpose and operation specified in this

clause, the following table outlines the basis upon which the Tribunal has established

the quantum of the account for future assessment. The table shall be used for the

28

LEGISLATIVE COUNCIL MEMBERS' GUIDEfuture assessment of the Allocation and for particular purposes such as the calculation

of additional entitlements for Recognised Office Holders.

Electorate Group or Zone

Transport Communication –electronic

Communication –non- electronic

Printing and Stationery and Office Supplies

Total Logistic Support Allowance

Legislative Assembly

Group 1 $4,260 $3,420 $12,535 $6,770 $26,985

Group 2 $6,390 $4,560 $12,535 $6,770 $30,255

Group 3 $8,520 $4,560 $12,535 $6,770 $32,385

Group 4 $8,520 $4,560 $12,535 $6,770 $32,385

Group 5 $8,520 $4,560 $12,535 $6,770 $32,385

Group 6 $8,520 $4,560 $12,535 $6,770 $32,385

Group 7 $10,650 $4,560 $12,535 $6,770 $34,515

Group 8 $10,650 $4,560 $12,535 $6,770 $34,515

Legislative Council

Zone 1 Electorates

$4,260 $3,995 $3,195 $6,770 $18,220

Zone 2 Electorates

$4,260 $4,560 $3,195 $6,770 $18,785

Zone 3 Electorates

$10,650 $7,410 $3,195 $6,770 $28,025

29

LEGISLATIVE COUNCIL MEMBERS' GUIDEParticular Conditions.

Transport (Other than Electorate or Electorate to Sydney transport)

1. A Member may use any form of transport within Australia subject to the requirement

that the transport was used for Parliamentary or electorate duties and that the cost was

reasonable.

2. A Member may travel to any place in Australia, subject to the requirement that all

such travel must be for Parliamentary duties and that there must be, at the time of the

making of the relevant reservation, sufficient funds in that Member’s Account to pay

for the expenses involved.

3. All transport costs associated with approved relative or Members’ staff travel

(excluding travel costs associated with staff training) are to be provided from the

Logistic Support Allocation Account. Staff training costs are to be met by the

Legislature.

4. Members and their approved relatives, when travelling in connection with their

Parliamentary duties, may claim reasonable actual accommodation and meal expenses

from the Members’ Logistic Support Allocation. The reimbursement of these expenses

may not exceed the travel allowance rates as determined for Group 2 in Table 2

hereunder. Staff employed by the Parliament who travel with their Member or

separately for Parliamentary business purposes may be paid travel allowances in

accordance with appropriate Public Service Award conditions.

5. A Member and his or her approved relative may travel together or separately in

connection with attendance at a function in the course of Parliamentary duties.

6. A Member, his or her approved relative and staff employed by the Parliament may use

taxis or hire cars for Parliamentary duties.

7. A Member’s air transport bookings for Parliamentary duties are to be made through

the booking agent nominated in the NSW government travel contract, for all types of

transport covered by the contract. Should the official NSW government travel

30

LEGISLATIVE COUNCIL MEMBERS' GUIDEbooking agent not offer a booking service required by a Member for Parliamentary

duties, the Member’s transport bookings for that service may be made directly with the

transport provider.

8. Members should ensure that records are maintained that clearly document the

occasions that staff employed by the Parliament stayed in Sydney or other locations

when travelling in connection with the Member’s Parliamentary duties. Such

documentation may include airline boarding passes for arrival and departure or other

documentary evidence of having travelled and stayed in accommodation.

9. A Member may use charter transport in connection with Parliamentary duties, but only

within the limits of the Member’s individual Logistic Support Allocation. No

passenger, except the Member’s approved relative and staff employed by the

Parliament accompanying the Member on Parliamentary duties, may be carried at the

cost of the Member’s Logistic Support Allocation entitlement. Where more than one

Member is travelling on the air charter, the total air charter costs should be shared

equally between the Members travelling.

10. It is a condition of all air transport charters that the Member responsible for organising

the charter obtain a passenger manifest from the charter operator and attach it to the

invoice when it is submitted for payment to the Legislature.

11. Members together with their approved relative will need to maintain records or other

relevant evidence that clearly document the occasions they travelled in connection

with their Parliamentary duties. A copy of this documentation is to be supplied to the

Parliament’s administration. When travelling by commercial air flights, copies of

boarding passes are also to be supplied.

31


Communication – electronic

1. The Tribunal accepts that there will be some private usage in connection with mobile

telephones supplied by the Parliament and electronic communication equipment

installed at public expense in a Member’s principal place of residence. To ensure the

Legislature does not pay Fringe Benefits Tax for the private usage of electronic

equipment, the Financial Controller will undertake a survey over an appropriate period

of time to ascertain public/private percentage use of Members’ home telephones. Once

established Members will be reimbursed the Parliamentary business cost of each home

telephone call account and an adjustment shall be made to previous accounts

reimbursed from the effective date of this Determination on or from the date of

election, whichever is the later.

2. The Parliamentary business use component of the following telecommunication

services are eligible for reimbursement:

Directory assistance charges (only applies to business lines)

Call connect charges (extension of directory assistance)

Messagebank

Call waiting

Call forwarding/diversion

Last unanswered call recall

Telephone directory charges for home telephone listings (which are in addition

to standard free entry)

3. The following Recognised Office Holders shall be entitled to 100 per cent

reimbursement for electronic-communication costs including overseas calls for

Parliamentary business.

Ministers

Presiding Officers

Leader of the Opposition (Assembly and Council)

Leader of a Party not less than 10 Members in the Legislative Assembly

Chairman of Committees (Assembly and Council)

Deputy Speaker

32

LEGISLATIVE COUNCIL MEMBERS' GUIDE Deputy Leader of the Opposition (Assembly and Council)

Deputy Leader of a Party with not less than 10 Members in the Legislative

Assembly

Parliamentary Secretaries (Assembly and Council)

Government and Opposition Whips (Assembly and Council)

Whip of a third party with not less than 10 Members (Legislative Assembly)

Deputy Whips (Legislative Assembly).

4. A fax line installed at Legislative Council Members’ home offices continue to be

reimbursed at the rate of 100 per cent.

5. Call charges pertaining to a data line installed at Legislative Council Members’ home

offices be reimbursed at the rate of 100 per cent subject to the line being used for


6. Members will be required to meet the cost of all overseas calls, other charged

information/service calls, reverse charge calls and home-link and Telecard calls.

7. Accounts will be paid either directly by the Parliament and debited to a Member’s

account or paid in the first instance by the Member who would then seek

reimbursement from the Parliament.

Communication - non-electronic

Members are permitted to purchase postage stamps or other mail distribution and delivery

services and make arrangements for payment direct by the Parliament or obtain

reimbursement by providing substantiation in accordance with the requirements of the

Parliament’s administration.

Printing, Stationery and Office Supplies

1. Members may only use the printing, stationery and office supplies entitlement for


33

LEGISLATIVE COUNCIL MEMBERS' GUIDE2. The entitlement may be used to purchase printing, stationery and office supplies from

the Parliament or other providers and in accordance with Parliamentary procurement

policies and practices.

3. A Member may not use their printing, stationery and office supplies allowances to

procure goods or services to be used for electioneering purposes or political

campaigning.

4. The purchase of computer software from the Logistic Support Allocation is subject to

the following conditions:

The software will not be supported by the Parliament’s I.T. Section.

The software is required to be removed from the computers supplied by the

Parliament if there is any conflict with the Parliament’s computer network.

The software is not to be used for political campaigning or electioneering

purposes.

34

LEGISLATIVE COUNCIL MEMBERS' GUIDE3. Electorate Mailout Account

Each Member of the Legislative Assembly will be provided with an amount as specified in

Schedule 4 for the specific purpose of preparing and distributing letters/newsletters to each

constituent in his/her electorate. Members are provided with an annual amount to fund the

cost of issuing such letters/newsletters on two occasions each year.

Conditions

1. The Electorate Mailout Account shall be established and maintained by the Clerk of

the Legislative Assembly. Members should be advised by the Clerk each month as to

the balance of their Account.

2. Members are to fund the cost of preparing, printing and posting letters/Newsletters to

each constituent in his/her electorate and for no other purpose.

3. All procurement by Members will be in accordance with the Parliament’s purchasing

policies.

4. No supplementation to the allocation will be considered. Any additional costs are to

be met from the Member’s Logistic Support Allocation.

5. Unused funds are to be returned to the Consolidated Fund at the end of each financial

year.

6. All accounts must be submitted to the Legislature for payment within 60 days of

receipt.

35

LEGISLATIVE COUNCIL MEMBERS' GUIDE4. Electorate Charter Transport for Members of the Legislative Assembly

Purpose and operation of the provision

Members of the largest electorates (Electoral Groups 5-8) shall be provided with an allowance

from which are met charter transport costs incurred within their electorates. For the purposes

of this allowance “charter transport” means charter transport used with and for the service of

the Member’s electorate and includes charter aircraft, drive yourself vehicles and any other

mode of charter transport that may be deemed appropriate in the circumstances by the

Speaker of the Legislative Assembly.

Entitlement

Members of the Legislative Assembly in the following Electorate Groups shall be entitled to

Charter Transport Allowance up to the maximum amount shown below:

Electorates Entitlement

Group 8 $21,080

Group 7 $13,980

Group 6 $11,400

Group 5 $6,980

Conditions

The following conditions shall apply in respect of Charter Transport Allowance:

1. This Allowance shall only be used in connection with Parliamentary duties within the

Member’s electorate and shall not be used during election campaigns or for other

electioneering or party political activities.

2. Only the cost of the Member’s approved relative or Member of staff accompanying

the Member may be met from this Allowance.

3. It is a condition of all air transport charters that the Member responsible for organising

the charter obtain a passenger manifest from the charter operator and attach it to the

invoice when it is submitted for payment to the Legislature.

36

LEGISLATIVE COUNCIL MEMBERS' GUIDE4. Members are to meet the cost of the air charter and seek reimbursement from the

Financial Controller with appropriate certification as to the purpose of the charter.

5. The charter transport shall only be used within and for the service of the Member's

electorate. Where the closest source of available charter transport to the Member’s

electorate, electorate office or principal place of residence is outside the boundaries of

the electorate, the reasonable additional expenses consequently incurred may be

included in the reimbursement available under this Determination.

6. These additional entitlements shall be audited annually for compliance. In addition to

any internal audit conducted by the Parliament, Members’ additional entitlements

shall be the subject of an external audit conducted by the Auditor-General of NSW.

The cost of any auditing shall be met by the Parliament. Members should ensure they

maintain appropriate records of expenditure.

37

LEGISLATIVE COUNCIL MEMBERS' GUIDE5. Travelling Allowances for Recognised Office Holders

Table 2 – Indicative Upper Limits for Travel ExpenditureOffice Holders

Capital Cities

Other Areas

Where no overnight stay is requiredMelbourne,

Perth, BrisbaneAdelaide, Canberra, Darwin, Hobart

Group 1 $369.15 $299.15 $195.60 Actual reasonable meal expenses

Group 2 $273.15 $248.15 $170.60 Actual reasonable meal expenses

Recognised Office Holders are classified into one of the following two groups.

Group 1

Premier,

Deputy Premier,

Senior and Other Ministers,

President of the Legislative Council and Speaker of the Legislative Assembly,

Chairman of Select, Joint Standing, Standing and Public Accounts Committees,

Leader of the Opposition in the Legislative Assembly and Legislative Council,

Deputy Leader of the Opposition in the Legislative Assembly

Deputy Speaker in the Legislative Assembly

Group 2

Deputy Leader of the Opposition in the Legislative Council,

Deputy Leader in the Legislative Council (other than the Leader or Deputy Leader of the

Opposition) of a recognised political party not fewer than 9 members of which are members

of the Legislative Council and of which no member is a Minister,

Leader and Deputy Leader of a Recognised Political Party of which not less then ten

Members are Members of the Legislative Assembly,

Government and Opposition Whips,

Deputy Government and Deputy Opposition Whips,

Parliamentary Secretary,

Whip in the Legislative Assembly of a recognised political party, not fewer than 10 members

of whom are members of the Legislative Assembly,

Deputy Whip in the Legislative Assembly of a recognised political party not fewer than 40

members of which are members of the Legislative Assembly,

Members of Select, Joint Standing, Standing and Public Accounts Committees.

38

LEGISLATIVE COUNCIL MEMBERS' GUIDEThe following conditions shall apply in respect of this allowance:

1. Recognised Office Holders are eligible to claim reasonable actual travelling expenses

for overnight absences from Sydney or their electorate/principal home residence.

Where no overnight absence is involved Recognised Office Holders may claim

reasonable actual meal expenses. Indicative upper limits for travel expenditure are

outlined in Table 2.

2. The payment of actual travelling expenses will be paid subject to the production of tax

invoices/receipts relating to accommodation, meal and other incidental expenses by

the Recognised Office Holder concerned.

3. A Recognised Office Holder whose approved relative accompanies him or her to a

State or other official function and who consequently incurs expenses in respect of

meals and accommodation exceeding the allowance to which he or she is entitled,

shall be entitled to be reimbursed the additional expenses associated with the approved

relative.

4. Those Recognised Office Holders for whom non-Parliamentary funded budgets are

provided are to meet travel allowance costs from those budgets and not from the

Parliament.

39

LEGISLATIVE COUNCIL MEMBERS' GUIDE6. Equipment, Services and Facilities

Members of the Legislative Assembly and the Legislative Council shall be provided by the

Parliament with the equipment, services and facilities necessary to perform their

Parliamentary duties as follows:

1. All Members shall receive at the Parliament House, Sydney, a fitted out, equipped and

maintained office, and secretarial services.

2. Each Member of the Legislative Assembly shall receive a fitted out, equipped and

maintained Electorate Office to an appropriate standard. The Member for Murray-

Darling is to be provided with an additional electorate office.

3. Each Member shall be supplied equipment and ancillary services in the Member’s

private residence (or if the Member has more than one private residence then in the

Member’s principal private residence) including a telephone and a facsimile machine,

for the performance by the Member of Parliamentary duties.

4. Each Member shall receive portable equipment to supplement the provision of

equipment as referred to in clauses 1, 2 and 3 above, except where such equipment is

already provided by the Executive Government. This portable equipment shall

include, but is not limited to, a mobile telephone and a notebook computer.

5. Each Member of the Legislative Council shall have a separate facsimile line installed

in their home in addition to a separate data line installed to provide access to the

Parliament’s secure computer network.

6. The Presiding Officers are to provide administrative support to each Member in

accordance with the following:

i. Subject to (ii), each Member of the Legislative Assembly shall have two staff

Members employed at each electoral office.

40

LEGISLATIVE COUNCIL MEMBERS' GUIDEii. Each Member of the Legislative Assembly elected as an Independent shall

have an additional staff Member employed at his/her electoral office.

iii. Each Member of the Legislative Council, who is not a Minister, shall be

entitled to one staff Member. When the staff Member is on annual recreation

leave or other extended period of leave, a relief staff member may be

employed for the period of absence.

iv. Each Member of the Legislative Council, who is not a Minister, and who is

elected as a cross bench Member shall be entitled to two staff Members.

v. Ministers shall receive a reasonable allocation of staff Members.

vi. This provision specifies the minimum staffing required in electorate offices.

Nothing in this Determination removes from the employer of staff the

obligations arising under the Occupational Health and Safety Act 2000.

Dated this 24th day of June 2004.

The Honourable Justice R Boland

THE PARLIAMENTARY REMUNERATION TRIBUNAL

41

LEGISLATIVE COUNCIL MEMBERS' GUIDEELECTORAL GROUPS SCHEDULE 1

Group 1 Electorates

1. Auburn

2. Bankstown

3. Baulkham Hills

4. Blacktown

5. Bligh

6. Cabramatta

7. Campbelltown

8. Canterbury

9. Coogee

10. Cronulla

11. Davidson

12. Drummoyne

13. East Hills

14. Epping

15. Fairfield

16. Georges River

17. Granville

18. Heffron

19. Hornsby

20. Kogarah

21. Ku-ring- gai

22. Lakemba

23. Lane Cove

24. Liverpool

25. Macquarie Fields

26. Manly

27. Maroubra

28. Marrickville

29. Menai

30. Miranda

31. Mount Druitt

32. Mulgoa

33. North Shore

34. Parramatta

35. Penrith

36. Pittwater

37. Port Jackson

38. Riverstone

39. Rockdale

40. Ryde

41. Smithfield

42. Strathfield

43. The Hills

44. Vaucluse

45. Wakehurst

46. Wentworthville

47. Willoughby

Group 2 Electorates

1. Blue Mountains

2. Camden

3. Charlestown

4. Gosford

5. Hawkesbury

6. Heathcote

7. Illawarra

8. Keira

9. Kiama

10. Lake Macquarie

11. Londonderry

12. Newcastle

13. Peats

14. Swansea

15. The Entrance

16. Wallsend

17. Wollongong

18. Wyong

42

LEGISLATIVE COUNCIL MEMBERS' GUIDESCHEDULE 1

Group 3 Electorates

1. Ballina

2. Cessnock

3. Coffs Harbour

4. Maitland

5. Myall Lakes

6. Port Macquarie

7. Port Stephens

8. South Coast

9. Southern Highlands

10. Tweed

Group 4 Electorates

1. Albury

2. Bathurst

3. Bega

4. Dubbo

5. Lismore

6. Orange

7. Oxley

8. Tamworth

9. Wagga Wagga

Group 5 Electorates

1. Burrinjuck

2. Clarence

3. Monaro

4. Northern Tablelands

Group 6 Electorates

1. Lachlan

2. Murrumbidgee

3. Upper Hunter

Group 7 Electorates

Barwon

Group 8 Electorates

Murray-Darling

43

LEGISLATIVE COUNCIL MEMBERS' GUIDESYDNEY ALLOWANCE GROUPINGS SCHEDULE 2

Category 1

1. Blue Mountains

2. Camden

3. Campbelltown

4. Charlestown

5. Gosford

6. Hawkesbury

7. Heathcote

8. Illawarra

9. Keira

10. Kiama

11. Lake Macquarie

12. Londonderry

13. Newcastle

14. Peats

15. Swansea

16. The Entrance

17. Wallsend

18. Wollongong

19. Wyong

Category 2

1. Albury

2. Ballina

3. Barwon

4. Bathurst

5. Burrinjuck

6. Bega

7. Cessnock

8. Clarence

9. Coffs Harbour

10. Dubbo

11. Lachlan

12. Lismore

13. Maitland

14. Monaro

15. Murray-Darling

16. Murrumbidgee

17. Myall Lakes

18. Northern

Tablelands

19. Orange

20. Oxley

21. Port Macquarie

22. Port Stephens

23. South Coast

24. Southern Highlands

25. Tamworth

26. Tweed

27. Upper Hunter

28. Wagga Wagga

44

LEGISLATIVE COUNCIL MEMBERS' GUIDELEGISLATIVE COUNCIL ZONES SCHEDULE 2A

Zone 1 Electorates

1. Auburn

2. Bankstown

3. Baulkham Hills

4. Blacktown

5. Bligh

6. Cabramatta

7. Campbelltown

8. Canterbury

9. Coogee

10. Cronulla

11. Davidson

12. Drummoyne

13. East Hills

14. Epping

15. Fairfield

16. Georges River

17. Granville

18. Heffron

19. Hornsby

20. Kogarah

21. Ku-ring- gai

22. Lakemba

23. Lane Cove

24. Liverpool

25. Macquarie Fields

26. Manly

27. Maroubra

28. Marrickville

29. Menai

30. Miranda

31. Mount Druitt

32. Mulgoa

33. North Shore

34. Parramatta

35. Penrith

36. Pittwater

37. Port Jackson

38. Riverstone

39. Rockdale

40. Ryde

41. Smithfield

42. Strathfield

43. The Hills

44. Vaucluse

45. Wakehurst

46. Wentworthville

47. Willoughby

Zone 2 Electorates

1. Blue Mountains

2. Camden

3. Charlestown

4. Gosford

5. Hawkesbury

6. Heathcote

7. Illawarra

8. Keira

9. Kiama

10. Lake Macquarie

11. Londonderry

12. Newcastle

13. Peats

14. Swansea

15. The Entrance

16. Wallsend

17. Wollongong

18. Wyong

45

LEGISLATIVE COUNCIL MEMBERS' GUIDELEGISLATIVE COUNCIL ZONES SCHEDULE 2A

Zone 3 Electorates

1. Albury 11. Lachlan 21. Port Macquarie

2. Ballina 12. Lismore 22. Port Stephens

3. Barwon 13. Maitland 23. South Coast

4. Bathurst 14. Monaro 24. Southern

Highlands

5. Bega 15. Murrumbidgee 25. Tamworth

6. Burrinjuck 16. Murray-Darling 26. Tweed

7. Cessnock 17. Myall Lakes 27. Upper Hunter

8. Clarence 18. Northern Tablelands 28. Wagga Wagga

9. Coffs Harbour 19. Orange

10. Dubbo 20. Oxley

46

LEGISLATIVE COUNCIL MEMBERS' GUIDERECOGNISED OFFICE HOLDER AND SCHEDULE 3

OTHER MEMBER ENTITLEMENTS

Recognised Office Holder

Transport

Communication(electronic)

Communication( non- electronic)

Printing & Stationery

Presiding Officer 30% 55%(A)175%(C)

40%

Minister 40%Deputy Speaker, Chair of Committees

40%

Leader of the Opposition

20%(A) 140%(A)175%(C)

40%

Deputy Leader of the Opposition

15%(C) 40%

Whips 15%(C) 40%Party Leader (not less than 10 Members)

15% 40%

Deputy Party Leader (not less than 10 Members LA or 9 Members LC)

10% 40%

Leader of the National Party (in Opposition with not less than 10 Members in LA)

15% 15% 40%

Other Recognised Office Holders

40%

Independent Members

20%

Recognised Office Holders and Members referred to in schedule 3 may only receive

additional entitlements for one office; that office being the office which attracts the greater

level of entitlement.

Where entitlements formerly provided for the recognised office holder’s approved relative

these have been included in the allocation.

Where an entitlement is followed by (A) or (C) it applied only to the office holder in either

the Assembly or the Council.

47

LEGISLATIVE COUNCIL MEMBERS' GUIDEELECTORATE MAILOUT ACCOUNT SCHEDULE 4

ELECTORAL DISTRICT

CURRENT ENROLMENT

(4 May 2004). As provided by the State

Electoral OfficeANNUAL

ENITLEMENT 1. ALBURY 43,037 $55,9482. AUBURN 47,236 $61,4073. BALLINA 46,174 $60,0264. BANKSTOWN 44,827 $58,2755. BARWON 41,144 $53,4876. BATHURST 44,563 $57,9327. BAULKHAM HILLS 45,915 $59,6908. BEGA 49,139 $63,8819. BLACKTOWN 46,478 $60,42110. BLIGH 48,580 $63,15411. BLUE MOUNTAINS 46,131 $59,97012. BURRINJUCK 44,316 $57,61113. CABRAMATTA 43,622 $56,70914. CAMDEN 55,548 $72,21215. CAMPBELLTOWN 43,857 $57,01416. CANTERBURY 44,221 $57,48717. CESSNOCK 44,996 $58,49518. CHARLESTOWN 44,524 $57,88119. CLARENCE 43,942 $57,12520. COFFS HARBOUR 46,120 $59,95621. COOGEE 41,817 $54,36222. CRONULLA 43,989 $57,18623. DAVIDSON 44,858 $58,31524. DRUMMOYNE 48,811 $63,45425. DUBBO 43,450 $56,48526. EAST HILLS 44,351 $57,65627. EPPING 44,766 $58,19628. FAIRFIELD 44,586 $57,96229. GEORGES RIVER 46,117 $59,95230. GOSFORD 48,791 $63,42831. GRANVILLE 43,400 $56,42032. HAWKESBURY 49,488 $64,33433. HEATHCOTE 45,174 $58,72634. HEFFRON 44,903 $58,37435. HORNSBY 46,809 $60,85236. ILLAWARRA 46,225 $60,09337. KEIRA 43,612 $56,69638. KIAMA 49,063 $63,78239. KOGARAH 45,087 $58,61340. KU-RING-GAI 44,403 $57,72441. LACHLAN 44,427 $57,75542. LAKE MACQUARIE 47,040 $61,15243. LAKEMBA 42,633 $55,42344. LANE COVE 44,511 $57,86445. LISMORE 42,762 $55,59146. LIVERPOOL 48,015 $62,420

48

LEGISLATIVE COUNCIL MEMBERS' GUIDE47. LONDONDERRY 43,845 $56,99948. MACQUARIE FIELDS 55,571 $72,242

ELECTORATE MAILOUT ACCOUNT SCHEDULE 4

ELECTORAL DISTRICT

CURRENT ENROLMENT

(4 May 2004). As provided by the State

Electoral OfficeANNUAL

ENITLEMENT49. MAITLAND 51,503 $66,95450. MANLY 43,352 $56,35851. MAROUBRA 43,409 $56,43252. MARRICKVILLE 44,816 $58,26153. MENAI 48,275 $62,75854. MIRANDA 43,190 $56,14755. MONARO 47,331 $61,53056. MOUNT DRUITT 45,602 $59,28357. MULGOA 48,767 $63,39758. MURRAY-DARLING 40,397 $52,51659. MURRUMBIDGEE 43,639 $56,73160. MYALL LAKES 47,975 $62,36861. NEWCASTLE 44,970 $58,46162. NORTH SHORE 44,873 $58,33563. NORTHERN TABLELANDS 43,063 $55,98264. ORANGE 44,662 $58,06165. OXLEY 44,999 $58,49966. PARRAMATTA 45,330 $58,92967. PEATS 44,930 $58,40968. PENRITH 43,976 $57,16969. PITTWATER 45,447 $59,08170. PORT JACKSON 52,949 $68,83471. PORT MACQUARIE 48,352 $62,85872. PORT STEPHENS 47,692 $62,00073. RIVERSTONE 53,853 $70,00974. ROCKDALE 43,666 $56,76675. RYDE 45,229 $58,79876. SMITHFIELD 46,431 $60,36077. SOUTH COAST 49,251 $64,02678. SOUTHERN HIGHLANDS 47,951 $62,33679. STRATHFIELD 46,475 $60,41880. SWANSEA 47,559 $61,82781. TAMWORTH 44,686 $58,09282. THE ENTRANCE 45,654 $59,35083. THE HILLS 57,387 $74,60384. TWEED 50,644 $65,83785. UPPER HUNTER 42,255 $54,93286. VAUCLUSE 41,723 $54,24087. WAGGA WAGGA 43,658 $56,75588. WAKEHURST 44,535 $57,89689. WALLSEND 48,384 $62,89990. WENTWORTHVILLE 44,072 $57,29491. WILLOUGHBY 46,557 $60,52492. WOLLONGONG 42,899 $55,769

49

LEGISLATIVE COUNCIL MEMBERS' GUIDE93. WYONG 50,859 $66,117

50

LEGISLATIVE COUNCIL MEMBERS' GUIDEAdvice of the Secretary of Treasury Pursuant to Section 12(A) of the Parliamentary Remuneration Act, 1989

The following comments on the Parliamentary Remuneration Tribunal’s 2004 annual determination are made pursuant to Section 12 (A) of the Parliamentary Remuneration Act, 1989 by the Secretary of the Treasury.

Financial Implications

The 2004 annual determination is fundamentally consistent with the previous determination and the NSW Budget Administration and Policy framework.

The table below shows the variation in entitlements over the 2003 determination.

For the purpose of calculating the costs, the estimates are based on the 2003 composition of the Legislative Assembly and the Council membership. It is also assumed that there were no changes to the electorate groupings. Estimates have not been provided where the maximum remuneration limits for the particular allowances are not defined. The Sydney allowance is calculated on the annual amount allocated to members.

ENTITLEMENT 2003 DET. 2004 DET. CHANGEElectoral Allowance $ 5,402,851 $ 5,564,936 $ 162,085 (3%)Sydney allowance* $ 1,410,500 $ 1,452,815 $ 42,315 (3%)Committee Allowance** $ 15,250 $ 15,860 $ 610 (4%)Logistic Support Allocation $ 3,496,450 $ 3,601,344 $ 104,894 (3%)Electorate Mail-out Account $ 5,600,000 $ 5,600,000 NILElectorate Charter Transport Allowance - LA Members $ 89,980 $ 97,178 $ 7,198 (8%)Travelling Allowance for Recognised Office Holders Not

EstimatedNot Estimated

Increased***

Recognised Office Holder & Other Member Entitlement Not defined Not defined Minor increase

TOTAL MINIMUM EXPENDITURE $ 16,015,031 $ 16,332,133 $ 317,102 (2%)

* Calculated on annual amount allocated to members** Includes members of Public Account Committee only*** Adjusted in line with movements in public sector rates

Member entitlements have increased by a minimum of $317,102 over the 2003 determination, which represents a rise of 2 percent.

The increase in Electoral Allowance, Sydney Allowance and Logistic Support Allocation is above the projected Sydney CPI of 2.5 percent for year 2004-05 and a 4 percent increase granted to Committee Allowance reflects increases in Members’ salaries. The 8 percent increase to the Electorate Charter Transport Allowance reflects the general cost increase in the transport industry.

While the Electorate Mail-out Allowance has not increased, the increases to the Travel Allowance to Recognised Office Holders and the inclusion of newer Office Holders in the eligibility list may drive up the expenditure slightly.

The increase in entitlement is supported, however considering the Government’s tight fiscal position, the increase should be fully met from the escalation provided in the 2004-05 Budget.

Accountability and Control

While retaining flexibility, the Parliamentary Remuneration Tribunal has maintained strict guidelines to ensure greater accountability and transparency over the use of entitlements by Members.

John PierceSecretary24 June 2004

51


Appendix C

Forms

150


INDEX TO LEGISLATIVE COUNCIL CLAIM FORMS

Number Name PurposeLSA-001C Application for reimbursement /

payment from Logistic Support Allocation (LSA)

General expenditure to be deducted from LSA including airport parking

LSA-002C Authorisation for transport costs to be deducted from LSA

Deduction of transport charges from LSA. Use to submit boarding passes

LSA-003C Application for reimbursement of private motor vehicle intrastate & interstate transport costs from LSA

Claims for private motor vehicle costs intrastate and interstate, also for home to Sydney costs for spouse and staff

LSA-004C Application for reimbursement of rental vehicle intrastate & interstate transport costs from LSA

Claims for rental vehicle costs, both intrastate and interstate including spouse/approved relative and staff transport

LSA-005C Claim form for payment of sustenance allowance – staff

For claims by members’ staff as endorsed by the member to pay staff a sustenance allowance for overnight stay on parliamentary duties

LSA-006C Claim form for payment of travel expenses for overnight stays – members / spouses / approved relatives

For claims by members/spouses/approved relatives as endorsed by the member for accomodation and meal allowance for overnight stay on parliamentary duties

LSA-007C Taxi fare/airport rail link claim form Claims for taxi fare/airport rail link costs to be deducted from LSA

PV-001C Application for reimbursement of private motor vehicle costs – home to Sydney – members only

Claims for use of private vehicle between home and Sydney (Legislative Council Members only)

RV-001C Application for reimbursement of car rental costs – home to Sydney – members only

Claims for use of rental vehicle between home and Sydney

SA-001C Sydney allowance election form For country based members to nominate preferred method of receiving their Sydney allowance

SA-002C Sydney allowance – overnight stays in Sydney only

Claims for overnight stays in Sydney for country members nominating daily payment

SA-003C Sydney allowance – in transit stays only

Claims for overnight stays when travelling between home and Sydney

SA-004C Reconciliation form for payment of an annual Sydney allowance

Form used to reconcile the number of overnight stays at 30 June each year when method of payment is on an annual basis

SA-005C Claim form for excess of a daily Sydney allowance

Claims for excess number of overnight stays or an excess of daily allowance for an overnight stay when payment method is daily

TA-001C Application for payment of travel allowance for shadow ministers

For shadow ministers claiming reimbursement of expenses when travelling outside Sydney in their capacity as the shadow minister

TA-002C Application for payment of travel allowance for recognised office holders

For office holders claiming reimbursement of expenses when travelling outside Sydney in their capacity

151


as the office holder

Primary Return For members to advise of their pecuniary interests. This form is lodged when a member is elected.

Ordinary Return For members to advise of their pecuniary interests. This form is to be lodged annually.

Request for Employment For members to request that a particular person be appointed to a position.



154


155


156


157


158


159


160


161


162


163


164


165


166


167


168


169


170


171


172


173


174


175


176


177


178


Appendix D

Tables



Additional expense allowance rates (expressed as a percentage of the basic salary)

Office % Add Salary Office % Add

SalaryPremier 55% (less

such % as is necessary to reduce the Premier’s expense allowance by $15,000

Chairman of Committees in LC

14%

Deputy Premier 27% Leader of the Opposition in the LC

14%

Minister who is Leader of Gov in LC

26% Deputy Leader of the Opposition in the LC

6%

Deputy Leader of Gov in the LC

26% Government Whip in the LC

7%

Other Ministers in the LC

26% Deputy leader in the LC (other than the Leader of Deputy Leader of the opposition) of a party with no fewer than 9 Members in the LC and of which no member is a Minister

6%

President of the LC 26% Deputy Gov Whip in the LC

6%

Deputy leader of the Gov in the LC (when not a Minister)

14% Opposition Whip in the LC

7%

Parliamentary Secretary in the LC

7% Deputy Opposition Whip in the LC

6%


SalaryChairman of the Public Accounts Committee

7% Chairman on the Committee on the Office of the Ombudsman

7%

Chairman of the Joint Standing Committee on Road Safety

7% Chairman of the on the Health Care Complaints Commission

7%

Chairman of the Joint Standing Committee on Children and Young People

7% Chairman of the Standing Committee on Public Works

7%

Chairman of the Regulation Review Committee

7% Chairman of the Standing Committee on Public Bodies Review

7%

Chairman of the Social Issues Committee (LC)

7% Chairman of the Standing Ethics Committee

7%



Chairman of the State Development Committee (LC)

7% Chairman of the Standing Committee on Law and Justice (LC)

7%

Chairman of the Committee on the ICAC

7% Chairman of the Standing Committee on Parliamentary Privilege and Ethics (LC)

7%

Additional salary for Office Holders (expressed as a percentage of the basic salary)

Office % Add Salary

Office % Add Salary

Premier 95% Chairman of Committees in LC

20%

Deputy Premier 76% Leader of the Opposition in the LC

20%

Minister who is Leader of Gov in LC

78% Deputy Leader of the Opposition in the LC

11%

Deputy Leader of Gov in the LC

70% Government Whip in the LC

13%

Other Ministers in the LC

67% Deputy leader in the LC (other than the Leader of Deputy Leader of the opposition) of a party with no fewer than 10 Members in the LC and of which no member is a Minister

7%

President of the LC 57% Deputy Gov Whip in the LC

7%

Deputy leader of the Gov in the LC (when not a Minister)

20% Opposition Whip in the LC

13%

Parliamentary Secretary in the LC

13% Deputy Opposition Whip in the LC

7%


SalaryChairman of the Public Accounts Committee

7% Chairman on the Committee on the Office of the Ombusman

7%

Chairman of the Joint Standing Committee on Road Safety

7% Chairman of the on the Health Care Complaints Commission

7%

Chairman of the Joint Standing Committee on Children and Young People

7% Chairman of the Standing Committee on Public Works

7%

Chairman of the Regulation Review

7% Chairman of the Standing Committee on

7%



Committee Public Bodies ReviewChairman of the Social Issues Committee (LC)

7% Chairman of the Standing Ethics Committee

7%

Chairman of the State Development Committee (LC)

7% Chairman of the Standing Committee on Law and Justice (LC)

7%

Chairman of the Committee on the ICAC

7% Chairman of the Standing Committee on Parliamentary Privilege and Ethics (LC)

7%

PARLIAMENTARY SALARIES AND ALLOWANCESAS FROM 1 JULY, 2004

FOLLOWING APPLICATION OF FEDERAL DETERMINATION 2004/15 AND PARLIAMENTARY REMUNERATION TRIBUNAL DETERMINATION DATED 24 JUNE 2004

Total RemunerationLEGISLATIVE COUNCIL Base Salary of Expense Electoral excl.ElectoralPrepared 5/07/2004 Salary Office Allowance Allowance Allowance

$ $ $ $ $Private Member 106,270 40,680 106,270

Ministers of the Crown- Leader of Government Members 106,270 82,891 27,630 40,680 216,791 Deputy Leader of Government Members 106,270 74,389 27,630 40,680 208,289 Senior Ministers 106,270 71,201 27,630 40,680 205,101 Other Ministers 106,270 60,574 27,630 40,680 194,474

Holders of Offices- President 106,270 60,574 27,630 40,680 194,474 Deputy Leader of Government Members (when not a Minister of the Crown) 106,270 21,254 14,878 40,680 142,402 Chairman of Committees 106,270 21,254 14,878 40,680 142,402 Leader of the Opposition 106,270 21,254 14,878 40,680 142,402 Deputy Leader of the Opposition (when Leader of a Party) 106,270 11,690 14,878 40,680 132,838 Deputy Leader of the Opposition (when not Leader of a Party) 106,270 11,690 6,376 40,680 124,336 Government Whip 106,270 13,815 7,439 40,680 127,524 Opposition Whip 106,270 13,815 7,439 40,680 127,524 Parliamentary Secretary 106,270 13,815 7,439 40,680 127,524 Deputy Government Whip 106,270 7,439 6,376 40,680 120,085 Deputy Opposition Whip 106,270 7,439 6,376 40,680 120,085 Deputy Leader of Party (Not less than 9 Members) 106,270 7,439 6,376 40,680 120,085

182


Chairperson, Standing Committee on Social Issues 106,270 7,439 7,439 40,680 121,148 Chairperson, Standing Committee on State Development 106,270 7,439 7,439 40,680 121,148 Chairperson, Standing Committee on Law & Justice 106,270 7,439 7,439 40,680 121,148 Chairperson, Standing Committee on Parl.Privilege & Ethics 106,270 7,439 7,439 40,680 121,148

Parliamentary Groups recognised by the Parliament

Members may use their additional entitlements to participate in the activities of recognised parliamentary groups. The following groups have been approved by the Presiding Officers for the purpose of 1.1.12 of the determination:

The Australasian Study of Parliament Group (ASPG) Australasian Parliamentary Group for Drug Law Reform (ADGFDLR) The New South Wales Parliamentary Friends of South Africa The New South Wales Parliamentary Branch of the Baden Powell

Guild The New South Wales Parliamentary Lions Club The New South Wales Parliament Irish Friendship Association The New South Wales Parliament Asia-Pacific Friendship Group and Amnesty International NSW State Parliamentary Group. The New South Wales Parliamentary Friends of Dementia Group



Appendix E

Contact Numbers



Query Section Phone contactacts - digital Legislative Council Procedure

officewww.austlii.nsw.gov.au

acts - hard copies of Legislative Council Procedure office

2331

air conditioning Engineering 2500air travel - policy Legislative Council Members’

ServicesMembers'

Guide/3373airline bookings (Qantas) Legislative Council Members’

Services; quote corporate profile number 401615

1300 659 747

archiving services Archives 2707artwork for walls Building Services 2379Attendants Legislative Council Attendants 2319badges Office of the Usher of the Black

Rod 9230 2939

bells and buzzers Engineering 2500bills - amendments Legislative Council Procedure

office2323

bills in hard copy Legislative Council Procedure office

2431

bills information Legislative Council Procedure office

2331

binding Library 2170biography on website – changes

Legislative Council Procedure office

2331

bottle shop Food and Beverage 2592bowling club General 2029cabcharge vouchers Legislative Council Procedure

office2331

cafeteria Food and Beverage 2298car park bookings Security 2178car park stickers Deputy Serjeant-at-Arms 2277claim submission Legislative Council Members’

Services3071

cleaning Building Services 2449code of conduct - copies Legislative Council Procedure

officeintranet/2431

code of conduct - inquiries Office of the Clerk 2773commonwealth parliamentary association

Clerk of the Legislative Assembly 2222

computer problems ITS helpdesk 2339computer support ITS helpdesk 2339computer training ITS helpdesk 2339consulates contact details Office of the Usher of the Black

Rod2939

corporate policies Legislative Council Administration

intranet/2330

corporate records search Australian Securities and Investments Commission enquiry line

03 5177 3988 and www.asic.gov.au

185


counselling Davidson Trahaire (external provider)

1300 360 364

daily program Office of the Clerk intranet/2323desk top photocopier - service

Canon 13 13 93

desktop photocopier Canon 13 13 93dining room booking Food and Beverage 2336/2276disallowance motions Legislative Council Procedure

office2431

education resources Education and Community Relations

2047

emergencies Security 2600employee assistance programme

Davidson Trahaire (external provider)

1300 360 364

entitlements Legislative Council Members’ Services

3071

equipment - to buy, service required

Legislative Council Members’ Services

2950

equipment for functions Legislative Assembly Attendants 2637ethic adviser Ian Dickson 4739 4308exhibitions Office of the Usher of the Black

Rod 2939

fax - service Legislative Council Members’ Services

3071

filming and photography in parliamentary precinct


2939

first aid Building Services 2600flags Office of the Usher of the Black

Rod2939

floor plans, parliament Building Services 2608functions Food and Beverage 2336furniture Building Services 2257furniture - additional (from LSA)


3071

furniture - repairs/maintenance

Building Services 2608

gifts - parliamentary Bottle Shop 2592goods arriving Loading Dock 2502hansard - changes to proof Hansard 2233hansard - copies of Hansard intranet/internet/

2233 for hard copyhansard - general Hansard 2233hiring a car see Chapter 4 of this guide chapter 4honours and awards Office of the Usher of the Black

Rod 2939

independent commission against corruption

ICAC www.icac.nsw.gov.au

insurance Accounts 2292international calls dial 9 for parliament

house operatorinternational faxes Office of the Clerk phone 2773internet/intranet ITS helpdesk 2339jury service Office of the Clerk 2773justice of the peace Attorney General's Department www.lawlink.nsw.gov

186


.aukeys Security 2198laptop - general Legislative Council Members’

Services3373

laptop - technical issues ITS helpdesk 2339leave of absence Office of the Clerk 2773lights flickering/out Engineering 2500lobbyists passes Security 2198locksmith Engineering 2500lost and found Security 2198mail problems Mail room 2637manager assist Davidson Trahaire (external

provider)1300 360 364

media gallery — check availability

Media gallery 9282 1788

media monitoring Library 2448ministerial responsibility Legislative Council Procedure

office2431

minutes of the proceedings Legislative Council Procedure office

intranet/2431

mobile telephones Legislative Council Members’ Services

3071

newpaper clippings Library intranet/3403newsletter (Legislative Council)


2939

newspapers - change delivery

Legislative Council Attendants 2318

newspapers - charges Legislative Council Members’ Services

3071

notice paper Legislative Council Procedure office

intranet/2431

notices of motion - help with drafting


2323

occupational health and safety

OH&S committee 2449/2330

official visits Office of the Usher of the Black Rod

2939

pagers Building Services 2444parking Security 2178passport Office of the Usher of the Black

Rod 2939

pecuniary interests Office of the Clerk 2773petitions Legislative Council Procedure

office2456

phone (home) install line contact own service provider eg. Telstra/Optus…phone accounts Legislative Council Members’

Services3071

phone book changes General automatic on intranetphones - problems Building Services 2500/2299photocopier - service (parliament provided)


3071

photocopiers level 11 - pins

Printing Services 2026

photocopiers level 11 - Printing Services 2026

187


servicephotocopying in bulk Printing Services 2026photographs of members Office of the Usher of the Black

Rod 2939

plumbing Engineering 2500post office General 2297post office accounts Legislative Council Members’

Services3071

power Engineering 2500printer - purchase from LSA


3071

printer - technical issues ITS helpdesk 2339printing inquiries Printing Services 2026procedural advice Any Table Officer of the

Legislative Council2323/2464/2456

projectors Legislative Assembly Attendants 2637protocol Office of the Usher of the Black

Rod 2939

public brochures - Legislative Council


2939

question time gallery booking (Legislative Assembly)

Legislative Assembly Attendants 2219

questions and answers - digital/hard copy


intranet/2431

questions and answers - help with writing/wording

Any Table Officer of the Legislative Council

2323/2464/2456

questions and answers - inquiries

Any Table Officer of the Legislative Council

2323/2464/2456

radio Engineering 2500recruitment - conduct, management

Legislative Council Administration

2824, 2330

recruitment - induction Legislative Council Administration

2320

recycling issues Building Services 2608reference and information services (library)

Library 2382

refigerators Engineering 2500regulations intranetreimbursement of claims Legislative Council Members’

Services3071

reports and papers Legislative Council Procedure office

2949

room bookings Legislative Council Attendants 2319/2332room service (food) Food and Beverage 2337room set up (meetings Legislative Council Attendants 2319salary Accounts 2569sauna and steam room Engineering 2500scanner - purchase from LSA


3071

scanner - technical issues ITS helpdesk 2339school tours Legislative Assembly Attendants 3444security Security 2198/2178security (policy) Security intranet

188


security passes Security 2198/2178sessional orders - copies of Legislative Council Procedure

office2431

sessional orders - inquiries Any Table Officer of the Legislative Council

2323/2464/2456

shredders Building Services 2608software - purchase Legislative Council Members’

Services3373

staff - recruitment, problems

Legislative Council Administration

2330/2323

staff - induction Legislative Council Administration

2320

standing orders - copies of Legislative Council Procedure office

2431

standing orders - inquiries Any Table Officer of the Legislative Council

2323/2464/2456

stationery purchase Building Services 3004/2458statistics of Legislative Council activity/members


2331

statutory declaration General intranet - Legislative Council – Members’

entitlementsstatutory rules paper Legislative Council Procedure

office2431

superannuation Manager Parliamentary AdministrationParliamentary Contributory Superannuation Fund, Pillar AdministrationAddress: GPO Box 3887, Sydney, NSW 2001

Phone (02) 9238 5359

Fax: (02) 9238 5419

tabled papers Legislative Council Procedure office

2949

taxation Accounts 2879telephone problems see "phone" above 2500television Engineering 2500tours - general Legislative Assembly Attendants 3444tours - school Legislative Assembly Attendants 3444training courses Legislative Council

Administration 2320

travel allowances Legislative Council Members’ Services

3071

travel insurance Accounts 2879travelling overseas Office of the Clerk 2773university representation Office of the Clerk 2773visitors arriving Legislative Council Attendants 2319voicemail Building Services 2257website biography changes Legislative Council Procedure

office2331

whiteboards Legislative Assembly Attendants 2637work experience applications

Education and Community Relations

2047

189


Appendix F

Index

190


6

60 days · 22, 33

A

accounts · 25, 26, 42Administration section · 104Air Charter travel · 48air travel · 35airline booking · 185airport parking · 50allowance rates · 30Allowances · 15Attendants · 103, 185Audit Office · 22, 25, 91, 96audits · 97, 98Australian Jockey Club · 119Awards · 137

B

badges · 121

C

CabCharge · 49car travel · 35claim forms · 25Clerk · 101Code of Conduct for staff · 52, 59Committee allowances · 15, 35Commonwealth Parliamentary Association · 122, 134Constituent responsibilities · 135Constitution Act 1902 · 3, 82corrupt conduct · 4, 10, 79, 92, 94

D

data line · 46

E

electioneering · 18, 29, 51, 84, 85, 86, 87, 90Electoral allowance · 15, 19, 28, 85Electorate to Sydney travel · 15, 36, 47Emergency Procedures · 109Equipment and facilities · 15Ethics Adviser · 80exhibitions · 113

express post · 43

F

first-aid · 109Fixed allocations · 15Fountain Court · 113, 129

H

home office · 70Home phone · 45, 86Honours · 137human resources · 104

I

ICAC · 4, 9, 11, 19, 86, 91, 186Incoming mail · 112Independent Commission Against Corruption · See

ICACinsurance · 27intermingling · 19, 20, 42, 85, 86, 96internet · 107intranet · 106

J

Jubilee Room · 116jury service · 134Justice of the Peace · 135

L

liability insurance · 125lobbyist · 103, 128, 186Logistic Support Allocation · 85. See LSALSA · 15, 19, 23, 26, 39, 41, 46, 68, 84, 85, 86, 87

M

Mail distribution · 43Mail Service · 111media · 129media gallery · 186Meeting Facilities · 115Members’ Services · 103mobile phone · 44, 67, 85motor vehicle · 37

Last printed 23/07/2004 02:04:00 PM 191


N

NSW Harness Racing Club · 120NSW State Flags · 141

O

Ordinary return · 73Outgoing mail · 112overseas travel insurance · 126

P

pager · 63parking · 108, 110, 187Parliament House register · 32, 34Parliamentary Committees · 105parliamentary duties · 6, 7, 16, 19, 26, 28, 33, 35, 46,

47, 84, 85, 86, 87, 96, 100parliamentary register · 37personal accident insurance · 125political campaigning · 17, 18, 51, 85political parties · 18pool · 118President · 101press gallery · 129Primary return · 73principal place of residence · 30, 37, 38, 39printing · 41probationary period · 54Procedure office · 102Property and Contents Insurance · 125Protected Disclosures · 98Protocol · 103

Q

Qantas · 36, 47Qantas Chairman’s Lounge · 122

R

Register of Disclosures · 74rental vehicle · 37, 49

room bookings · 107, 116, 188

S

salary · 23, 83, 84, 87sauna · 118, 188Security · 102, 108, 110, 188Smoking · 110sole use of the member · 22State Mail Service · 43State Travelcard · 14, 122stationery · 39, 50superannuation · 24Sydney allowance · 15, 20, 30, 31, 85, 86Sydney Cricket Ground · 119

T

taxation · 23, 188taxi · 46, 49, 57telecommunication · 43Telstra · 68the Code · 4, 11, 14, 77, 79, 92The Code of Conduct for Members · See the CodeTheatrette · 116tours · 128, 188training · 52Training and development · 56travel · 19, 22, 25, 35, 36, 37, 46, 47Travelling allowances for recognised office holders ·

15

U

Usher of the Black Rod · 102

V

visitors · 127

W

workers compensation insurance · 126writs · 82, 83, 87

Last printed 23/07/2004 02:04:00 PM 192


Appendix G

Memos

193


PUBLICATIONS GUIDELINES

Guidelines for the Printing and Distribution of Publications

IntroductionThese guidelines have been prepared to assist members with the interpretation of the Determination of the Parliamentary Remuneration Tribunal (THE TRIBUNAL), dated 30 June 2003 as it relates to the printing and distribution of publications from Members’ Logistic Support Allocations. Legislative Assembly members should also refer to separate Electorate Mail-out Account guidelines which contain additional information specific to that entitlement.

Parliamentary Remuneration Tribunal Determination

Notwithstanding the issue of these guidelines, the onus always remains with a Member to ensure that expenditure on entitlements is consistent with:

The guidelines and general conditions regarding additional entitlements for Members in connection with parliamentary duties which are set out on pages 15 to 20 of the Determination;

The general conditions for the use of the Logistic Support Allocation which are set out on pages 29 and 30 of the Determination;

The particular conditions for the use of the Communication — non-electronic and printing, stationery and office supplies which are set out on pages 36 and 37 of the Determination.

In particular, Members should be aware of the following specific guidelines and conditions in the Determination:

Expenditure is only to be incurred in connection with the parliamentary duties of Members – condition 9 on page 20. The definition of parliamentary duties is contained in section 3 of the Parliamentary Remuneration Act 1989 which states:

“parliamentary duties of a Member or recognised office holder means the duties that attach to the office of a Member or recognised office holder, and includes the duties that a Member or recognised office holder is ordinarily expected to undertake, including participation in the activities of



recognised political parties, and includes any duties prescribed as being within this definition, but does not include any duties prescribed as being outside this definition.”

Activities undertaken in representing the interests of constituents, but excluding activities of an electioneering or political campaigning nature – condition 1.1.1 on page 16

195


Additional entitlements [where they may be used for the purpose of facilitating Members’ participation in the activities of recognised political parties] should not be used to fund:

activities such as those associated with party membership drives mail distributions for non-electorate or non-parliamentary activities costs associated with election campaigning for an individual

Member (conditions 2.2.1 to 2.2.3, page 17) The various allowances, as well as the Logistic Support Allocation,

are for the sole use of the Member and are not to be transferred between Members – condition 10 on page 20. This has been further clarified in a ruling by the Tribunal dated 24 July 2001 which states:

“Members may use their Electorate Allowance to fund expenditure associated with the cost of printing material on behalf of community groups, however, may not use their Logistic Support Allocation for this purpose.”

Members may not use their Logistic Support Allocation to procure goods or services to be used for electioneering purposes or political campaigning – condition 3 on page 31

Members may only use the printing, stationery and office supplies entitlement for Parliamentary duties – condition 1 on page 36

A Member may not use their printing, stationery and office supplies allowances to procure goods or services to be used for electioneering purposes or political campaigning – condition 3 on page 37

Parliament’s Administrative Guidelines

What is a publication?In these guidelines publication means any written, drawn or pictorial material, such as letterhead, letter, new constituent letters, reply paid or return addressed envelopes, notice, handbill, pamphlet, poster, card, brochure or newsletter intended for multiple distribution by mail, letter box drop, newspaper supplement/insert or handout and where the cost is to be met from a Member’s Logistic Support Allocation (LSA). Although not strictly a publication this policy also applies, as far as practicable, to note pads, calendars or fridge magnetsWhat must a publication contain?A publication must clearly identify: the name of the Member as the author or editor on either the first or last page

What a publication must NOT do?A publication must not:



survey for voting intention, preferred leader or preferred political party

direct readers to the website of the registered political party of the Member

be issued on behalf of any other Member of Parliament, person or group, such as a charity, lobby or special interest group

contain political party slogans/logos promoting electioneering or political campaigning. Standard party/individual logos may be used in the header, text or footer of the publication together with reference to party affiliation or independent status.

contain photographs, images, graphs or like material referring to election policies or themes

contain copies or extracts of other printed material which promotes electioneering or political campaigning

refer to any future State election or by-election or for any local, State or Federal election or by-election within Australia, except to simply indicate the date of any such election. For example, the next election for the Legislative Assembly will be in March 2007.

refer to any individual as a candidate for any election, either local, State or Federal

request donations for the Member, their party or other persons or organisations

contain statements of an electioneering or political campaigning nature, such as "If elected the Government/Labor/Coalition/Liberal/National Party will…..". This restriction also applies to other political parties and individual Members’ statements.

Printing and distributionPrinting may be arranged in-house by Parliamentary Printing Services, through an external commercial printer or by utilising equipment supplied by the Parliament, although this is not recommended for bulk mail-outs.

If the printing work is undertaken in-house Parliamentary Printing Services are to provide a written quotation for acceptance by the Member prior to proceeding with the work.

If printing is undertaken through external printers, a written quotation should be forwarded to the Clerk of the relevant House prior to proceeding, based on the following:

Printing costs only in excess of $1,000 (excluding GST) a minimum of one quotation



Printing costs only in excess of $20,000 (excluding GST) a minimum of three quotations

A publication must: in the case of Assembly Members, be distributed only in the

electorate of the Member. in the case of Council Members, be distributed within NSW

A publication must not: be enclosed in the same envelope or wrapping with other material

not funded by the Parliament be distributed once writs have been issued for a general election for

the Legislative Assembly or within an electorate for which a by-election is being held.

It is strongly recommended that a proof copy of a publication be forwarded to the Clerk of the relevant House for approval prior to printing to ensure the content complies with these guidelines. When a publication is not submitted for prior approval, the Clerk of the relevant House may refuse a claim for payment from the LSA if a publication does not meet these guidelines. The reason for the refusal must be stated in writing to the Member.

Claims for payment from the LSA

A claim for payment must be accompanied by: a completed and signed Legislative Assembly LSA-001 or

Legislative Council LSA-001C claim form an original tax invoice and/or receipt, where applicable an original copy of the final printed publication.

Use of Official Stationery for Political Campaigning or Electioneering

Official letterhead and other stationery are not to be used for political campaigning or electioneering, notwithstanding that the cost is met from private sources. Similarly the State or Parliamentary crests are not to be used in such publications


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