Clause 28: allowance payable for use of private motor vehicle
28.1 The Secretary may authorise an employee to use a private motor vehicle for work where:
28.1.1 Such use will result in greater efficiency or involve the Department in less expense than if travel were undertaken by other means; or
28.1.2 Where the employee is unable to use other means of transport due to a disability.
28.2 An employee who, with the approval of the Secretary, uses a private motor vehicle for work must be paid an appropriate rate of allowance specified in Item 5 in Table 2 of Schedule 2, Part B for the use of such private motor vehicle. A deduction from the allowance payable is to be made for travel as described in subclause 28.4 of this clause.
28.3 Different levels of allowance are payable for the use of a private motor vehicle for work depending on the circumstances and the purpose for which the vehicle is used.
28.3.1 The casual rate is payable if an employee elects, with the approval of the Secretary, to use their vehicle for occasional travel for work. This is subject to the allowance paid for the travel not exceeding the cost of travel by public or other available transport.
28.3.2 The official business rate is payable if an employee is directed, and agrees, to use the vehicle for official business and there is no other transport available. It is also payable where the employee is unable to use other transport due to a disability. The official business rate includes a component to compensate an employee for owning and maintaining the vehicle.
28.4 Deduction from allowance
28.4.1 Except as otherwise specified in this award, an employee must bear the cost of ordinary daily travel by private motor vehicle between the employee's residence and headquarters and for any distance travelled in a private capacity. A deduction will be made from any motor vehicle allowance paid, in respect of such travel.
28.4.2 In this subclause "headquarters" means the administrative headquarters to which the employee is attached or from which the employee is required to operate on a long term basis or the designated headquarters per paragraph 28.4.3 of this subclause.
28.4.3 Designated headquarters
(a) Where the administrative headquarters of the employee to which they are attached is not within the typical work area in which the employee is required to use the private vehicle on official business, the distance to and from a point designated within the typical work area is to be adopted as the distance to and from the headquarters for the purpose of calculating the daily deduction.
(b) An employee's residence may be designated as their headquarters provided that such recognition does not result in a further amount of allowance being incurred than would otherwise be the case.
28.4.4 On days when an employee uses a private vehicle for official business and travels to and from home, whether or not the employee during that day visits headquarters, a deduction is to be made from the total distance travelled on the day. The deduction is to equal the distance from the employee's residence to their headquarters and return or 20 kilometres (whichever is the lesser) and any distance that is travelled in a private capacity.
28.4.5 Where a headquarters has been designated per paragraph 28.4.3 of this subclause and the employee is required to attend the administrative headquarters, the distance for calculating the daily deduction is to be the actual distance to and from the administrative headquarters, or, to and from the designated headquarters, whichever is the lesser.
28.4.6 Deductions are not to be applied in respect of days characterised as follows.
(i) When staying away from home overnight, including the day of return from any itinerary.
(ii) When the employee uses the vehicle on official business and returns it to home prior to travelling to the headquarters by other means of transport at their own expense.
(iii) When the employee uses the vehicle for official business after normal working hours.
(iv) When the monthly claim voucher shows official use of the vehicle has occurred on one day only in any week. Exemption from the deduction under this subparagraph is exclusive of, and not in addition to, days referred to in subparagraphs (i), (ii) and (iii) of this paragraph.
(v) When the employee buys a weekly or other periodical rail or bus ticket, provided the Department is satisfied that:
(a) at the time of purchasing the periodical ticket the employee did not envisage the use of their private motor vehicle on approved official business;
(b) the periodical ticket was in fact purchased; and
(c) in regard to train travellers, no allowance is to be paid in respect of distance between the staff member’s home and the railway station or other intermediate transport stopping place.
28.5 The employee must have in force, in respect of a motor vehicle used for work, in addition to any policy required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act 1942, a comprehensive motor vehicle insurance policy to an amount and in a form approved by the Secretary.
28.6 Expenses such as tolls etc. must be refunded to employees where the charge was incurred during approved work related travel.