4.8 Travel within Australia by the Entitled Persons of an Opposition Office Holder

4.8 Travel within Australia by the Entitled Persons of an Opposition Office Holder

This section sets out the entitlements to travel within Australia by the spouse, nominee, dependent children and designated persons of an Opposition Office Holder. Full details of travel entitlements that are provided to all Senators and Members by the Remuneration Tribunal can be found in the Senators and Members’ Entitlements handbook.

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4.8.1 Spouse (or De Facto Partner)

Under the Parliamentary Entitlements Act 1990, the term ‘spouse’ includes a de facto partner within the meaning of the Acts Interpretation Act 1901.1 For the purposes of Remuneration Tribunal Determination 2012/04: Members of Parliament - Entitlements, the term ‘spouse’ has the same meaning as the term ‘spouse’ in the Parliamentary Entitlements Act 1990.2

Under the Parliamentary Entitlements Act 1990, the spouse of an Opposition Office Holder is entitled to travel anywhere in Australia for official purposes at Australian Government expense.3

This includes:

  • travel on scheduled commercial services at business class;
  • car transport between home and airport, between an airport and the place being visited (or a place of temporary residence);
  • the cost of accommodation, meals and incidentals; and
  • travel on chartered transport or Special Purpose Aircraft when accompanying the Opposition Office Holder.

This entitlement is in addition to the following entitlements for a spouse to travel in Australia, which have been provided to all Senators and Members by the Remuneration Tribunal:

  • the Family Reunion Travel entitlement, which is provided for use by the spouse, nominee, dependent child(ren) and/or designated persons of a Senator or Member;4
  • travel to represent the Minister at certain functions;5
  • travel to attend an official government, Parliamentary or vice-regal function as an invitee.6

4.8.2 Nominee

No additional travel entitlement is provided for the nominee of an Opposition Office Holder under the Parliamentary Entitlements Act 1990, and the additional travel entitlement provided to the spouse of an Opposition Office Holder may not be transferred to a nominee.

An Opposition Office Holder’s nominee may access the entitlements to travel, which have been provided to all Senators and Members by the Remuneration Tribunal.

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4.8.3 Dependent Children

Dependent children of an Opposition Office Holder can travel under two separate entitlements:

  • the Family Reunion Travel entitlement that is provided to all Senators and Members for use by their spouse or nominee, dependent child(ren) and/or designated persons;7 and
  • an additional entitlement as set out in the Parliamentary Entitlements Act 1990.8

Definitions of ‘Dependent Child’

The definition of a ‘dependent child’ differs slightly under the two entitlements – both of which may be accessed during the course of the same financial year.

For the purposes of the Family Reunion Travel entitlement, the Remuneration Tribunal has defined a ‘dependent child’ as:

  1. a person under the age of 16 who:
    • is in the custody, care and control of the Senator or Member, or is a person to whom the Senator or Member has access; or
    •  where no other person has the custody, care and control of the person – is wholly or substantially in the care and control of the Senator or Member; or
  1. a person who is aged at least 16 but is under 25 and is wholly or substantially dependent upon the Senator or Member; and
  2. is not a person who is otherwise receiving the entitlements of a nominee.9

For the purposes of the additional entitlement the Parliamentary Entitlements Act 1990 defines a ‘dependent child’ as:

  1. a person under 16 who:
    • is in the custody, care and control of the Opposition Office Holder or is a person to whom the Opposition Office Holder has access; or
    • where no other person has custody, care and control of the person is wholly or substantially in the care and control of the Opposition Office Holder; or
  1. a person who is:
    • at least 16 but under 25;
    • receiving full-time education at a school, college or university; and
    • wholly or substantially dependent upon the Opposition Office Holder.10

Additional Travel for Dependent Children of Opposition Office Holders

The additional entitlement for each dependent child of an Opposition Office Holder is:

  • the cost of travel at economy class for three return visits between Canberra and the electorate each year; and
  • with the approval of the Special Minister of State, the cost of travel at economy class (or the highest class of travel available if accompanying the Opposition Office Holder or his or her spouse) for:
    • one return visit to any place within Australia each financial year;
    • travel to and from Parliamentary functions in Canberra attended by the Opposition Office Holder or spouse; and
    • return visits between the nominated principal place of residence and Canberra when the Opposition Office Holder and his or her spouse are in Canberra for lengthy periods.11

Travel on a Special Purpose Aircraft

Where the Minister for Defence has already approved the use of a Special Purpose Aircraft, a dependent child of an Opposition Office Holder may travel on that aircraft, provided that in the judgement of the approving authority, the travel is necessary to fulfil the requirements of parental care12 and the dependent child’s journey is counted against either the Opposition Office Holder’s Family Reunion Travel entitlement or his or her additional entitlement under the Parliamentary Entitlements Act 1990.

4.8.4 Designated Person

No additional travel entitlement is provided under the Parliamentary Entitlements Act 1990 for the designated person (as defined by the Remuneration Tribunal) of an Opposition Office Holder. The additional travel entitlements provided to other entitled persons of an Opposition Office Holder may not be transferred to a designated person.

Footnotes

1  Clause 1.4 of Remuneration Tribunal Determination 2012/04: Members of Parliament - Entitlements and section 3 of the Parliamentary Entitlements Act 1990. See also section 2D of the Acts Interpretation Act 1901.

2  Clause 1.4 of Remuneration Tribunal Determination 2012/04.

3  Subsection 4(2) and subitem 3(2) of Part 2 of Schedule 1 to the Parliamentary Entitlements Act 1990.

4  See clauses 3.8–3.15 of Remuneration Tribunal Determination 2012/04.

5  See clause 3.18 of Remuneration Tribunal Determination 2012/04.

6  See clause 3.19 of Remuneration Tribunal Determination 2012/04.

7  See clause 3.8 of Remuneration Tribunal Determination 2012/04.

8  See subsection 4(2) and item 4 of Part 2 of Schedule 1 to the Parliamentary Entitlements Act 1990.

9  Clause 1.4 of Remuneration Tribunal Determination 2012/04.

10 Section 3 of the Parliamentary Entitlements Act 1990.

11 Subsection 4(2) and item 4 of Part 2 of Schedule 1 to the Parliamentary Entitlements Act 1990.

12 Clause 8(f) of the Guidelines for the use of Special Purpose Aircraft.