Ruling 2/2020 - The appropriate kilometric allowance rate for ‘Alternate Travel’ within ‘Air Warrants’ where a member travels between their electorate and Brisbane by private vehicle
Section 36 of the Queensland Independent Remuneration Tribunal Act 2013 provides that the Clerk of the Parliament (the Clerk) may, by written notice, ask the Queensland Independent Remuneration Tribunal to give a ruling on the interpretation or application of a determination as soon as practicable after the request is made.
On 18 September 2020, the Clerk of the Parliament (the Clerk) sought a ruling on the appropriate kilometric rate to be adopted where a Member of the Legislative Assembly (member) uses their private vehicle for alternate travel rather than an Air Warrant.
Ruling: The appropriate kilometric allowance rate to be adopted for ‘Alternate Travel’ is a matter for the Clerk’s discretion within the parameters of the Motor Vehicle Allowances (Directive 20/16) (Directive), based on the circumstances of the use of the vehicle.
For example, where due to relevant circumstances of the travel, the most appropriate and practical option is for a member is to use their motor vehicle, the member should be considered to be required to use the vehicle and is eligible to be paid the appropriate rate prescribed within the relevant modern award, currently 80 cents per kilometre. Otherwise, the allowance paid is not to exceed the rate of 37.5 cents per kilometre.
Explanation: Determination 18/2018, which took effect on 1 January 2019, provides that:
“Members entitled to receive air warrants (Alternate Travel) may claim travel by private vehicle using a kilometric payment at Queensland public service kilometric rates (currently set out in Motor Vehicle Allowances (Directive 20/16)) (Directive) up to the value of the lowest commercial flight cost excluding GST for travel between the electorate and Brisbane to which a member is entitled.”
The Determination does not specify which kilometric allowance rate under the Directive should be adopted by the Clerk. Accordingly, either kilometric allowance rate under the Directive (relevant modern award, or 37.5 cents per kilometre), is appropriate to be adopted depending on the circumstances of the Alternate Travel.
The Tribunal is of the view that the Clerk is best placed to assess the circumstances of the Alternate Travel by private vehicle to ascertain whether the travel is more akin to a ‘requirement’ by the member and thus, the appropriate kilometric allowance rate to be applied.
Date of ruling: 16 October 2020