Compliance Officer - Victorian Independent Remuneration Tribunal

The office of the Compliance Officer was established under the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 on 20 March 2019.

The office of the Compliance Officer was created to provide Members of Parliament with a way to appeal decisions made in relation to parliamentary allowances, the Electorate Office and Communications Budget (Budget), or a separation payment.

An appeal to the Compliance Officer may be made by current Members under section 9H (claim for a work-related parliamentary allowance or under the Budget) or former Members under section 7E (separation payment) of the Parliamentary Salaries, Allowances and Superannuation Act 1968 (Vic).

Current Members - Appeal in relation to a claim for work-related parliamentary allowance or under the Budget

The Compliance Officer hears and determines appeals from Members concerning decisions made by a “Relevant Officer” to reject a claim:

• for a work-related parliamentary allowance (being a parliamentary sitting accommodation allowance, a travel allowance or any other prescribed allowance); or
• under the Budget

Under the Parliamentary Salaries, Allowances and Superannuation Act 1968, the “Relevant Officer” means:

• for a work-related parliamentary allowance – the Clerk of the Member’s House of Parliament (or their delegate)
• for the Budget – the Secretary of the Department of Parliamentary Services (or their delegate)

Former Member - Appeal in relation to a separation payment

The Compliance Officer also hears and determines appeals from former Members regarding a decision by the Clerk that they committed a significant and wilful breach of the Code of Conduct during their time in office and the former Member is not entitled to receive a separation payment.

No. To preserve the integrity of the appeal process, the Compliance Officer is only able to consider an appeal once a final decision by the Relevant Officer has been made to reject the Member’s claim or to determine that a former Member has committed a significant and wilful breach of the Code of Conduct. The Compliance Officer cannot provide interpretative advice prior to an appeal being made.

If a Member has questions in relation to a potential claim, the legislation or guidelines, the Member can seek advice from the appropriate Relevant Officer. The Parliamentary Integrity Adviser may also be able to assist by providing guidance on ethical issues and integrity matters.

In deciding an appeal, the Compliance Officer may publish a Statement of Findings about an appeal decision and this may also be useful for Members to consider (see Question 11).

No. The Members of Parliament Guidelines with respect to the use of work-related parliamentary allowances or the Budget are made by the Victorian Independent Remuneration Tribunal and only the Tribunal may make or update the Guidelines.

A form is provided on the Compliance Officer’s website that must be used to lodge an appeal. The form can be accessed in the Lodging an Appeal section above. The form sets out what must be included with the application for appeal. Some of the key components include:

• details about the claim, including a copy of the Oracle submission or form used to make the claim
• invoices or receipts
• copy of the Relevant Officer’s (Clerk or Secretary, DPS) decision
• detailed reasons about why you believe the decision is wrong

Once the form is completed, it can be lodged by email at compliance.officer@remunerationtribunal.vic.gov.au.

An appeal may only be lodged once the Member receives a final decision from the Relevant Officer. An “intention to reject” or similar type of intermediate decision cannot be appealed.

An appeal must be lodged within 28 days of being advised of the decision by the Relevant Officer.

The Compliance Officer must provide both the Member and the Relevant Officer with a reasonable opportunity to make submissions in relation to the appeal. The Compliance Officer will determine the timeframe for making submissions on a case-by-case basis. These submissions must be considered by the Compliance Officer in making a decision.

In making a decision, the Compliance Officer will seek to consider the claim or decision being appealed against any relevant legislation, regulations, determination, guidelines or terms and conditions. Typically, an appeal will be assessed against the following regulatory framework:

• Parliamentary Salaries, Allowances and Superannuation Act 1968 (Vic)
• Parliamentary Salaries, Allowances and Superannuation Regulations 2019
• Victorian Independent Remuneration Tribunal’s Determination for Members of Parliament
• Victorian Independent Remuneration Tribunal’s Guidelines for Members of Parliament
• Terms and conditions made by a Clerk of the Parliament, or the Secretary of the Department of Parliamentary Services (as the case may be)

Yes. The Compliance Officer is not subject to the direction or control of any person, including the Government of the day.

The Compliance Officer function is provided with strong protections to preserve its independence and ensure that an objective and fair consideration is given to Members’ appeals.

The Compliance Officer is happy to deal with you directly and does not require you to have legal representation. [However, you may wish to seek your own advice about whether legal representation should be obtained.]

Please be aware that, in line with sections 7E and 9H of the Parliamentary Salaries, Allowances and Superannuation Act 1968 (Vic), a Member or former Member is not entitled to be reimbursed for any legal costs incurred in relation to an appeal.

The Compliance Officer is required to conduct proceedings as expeditiously and with as little formality and technicality as a proper consideration of the appeal permits.

The Compliance Officer endeavours to make decisions as quickly as possible, while ensuring that the Member and Relevant Officer have a reasonable opportunity to respond to the appeal, and the appeal is considered properly.

The Compliance Officer will notify the Member who made the appeal and the Relevant Officer in writing once a decision has been made.

If the appeal concerns a claim for a work-related parliamentary allowance or the Budget:

• where the appeal is upheld – the claim must be accepted by the Relevant Officer and payment made
• where the appeal is dismissed – the claim will not be accepted or must be repaid by the Member (as the case may be)

If the appeal concerns the separation payment:

• where the appeal is upheld – the Member will retain the separation payment
• where the appeal is dismissed – the separation payment will become a debt due to the State

The Compliance Officer has the discretion to publish a Statement of Findings (and any required actions) in relation to an appeal. If the Compliance Officer decides to publish a Statement of Findings, it will appear on the Compliance Officer’s website and must also be tabled with the Parliament.

Typically, the Statement of Findings will be a condensed version of the Compliance Officer’s decision and reasons. However, the Compliance Officer may decide to include detailed facts about the appeal.

In considering whether to publish a Statement of Findings, the Compliance Officer may consider a range of factors, including whether:

• there would be a benefit to other Members in having access to the decision to promote a better understanding of, and compliance with, the regulatory framework
• there would be a public interest in releasing the decision, such as providing transparency about how public funds may be used by Members
• there are personal or commercial details that would be inappropriate to disclose

If a decision is made to publish a Statement of Findings, a copy will be sent to you prior to it being published, to give you an opportunity to raise any privacy concerns.

Under section 40 of the Victorian Independent Remuneration and Improving Parliamentary Standards Act 2019, the Victorian Independent Remuneration Tribunal is required to include the following details in its annual report in relation to the Compliance Officer:

• the number of Members who have not complied with requests for further information by the Compliance Officer in the preceding year in relation to determinations about separation payments
• the number of appeals heard by the Compliance Officer in the preceding year in relation to separation payments and the outcome of the appeals
• the number of Members who have not complied with requests for further information by the Compliance Officer in the preceding year in relation to appeals relating to work-related parliamentary allowances and the Budget
• the number of appeals heard by the Compliance Officer in the preceding year in relation to appeals relating to work-related parliamentary allowances and the Budget and the outcome of the appeals
• a report on the performance of the function of the Compliance Officer in the preceding year