Governance (Council Allowance) Rule 2006 No. 5

• Division 1 Introduction
• 1 Name of Rule
• 2 Commencement
• 3 Purpose
• 4 Authority
• 5 Glossary
• 6 Notes and Headings
• 7 Principle
• Division 2 Equipment
• 8 Computer and Printer
• Division 3 Allowance
• 9 Meeting Allowance
• 10 Meeting Allowance Loading
• 11 Motor Vehicle Allowance
• 12 Meal Allowance
• Division 4 Miscellaneous
• 13 Travel and Accommodation Arrangements for Council Meetings
• 14 Limits on Costs for Air Travel
• 15 Email Account
• 16 International Travel
• 17 No Double Claims
• 18 Members May Elect Not to Claim Some or All Allowance
• 19 Eligible Members Responsible for Obtaining Own Advice
• 20 Payment to Member Only
• 21 Disputes

Division 1 Introduction

1 Name of Rule

(1) This Rule is the Governance (Council Allowance) Rule 2006 No 5.

2 Commencement

(2) This Rule commences on 1 July 2006 (approved on 6 June 2006 CNL06/54).

3 Purpose

(3) This Rule is established to provide for the payment of an allowance to certain members of the Council and its committees to cover the reasonable expenses of these members.

4 Authority

(4) This Rule is made pursuant to authority granted to the Council under section 20 and 32 of the Act.

(5) Notes:

5 Glossary

(6) In this Rule, unless the contrary intention appears:

1. Act - means the Charles Sturt University Act 1989.
2. By-law - means the Charles Sturt University By-law 2005.
3. eligible member - means a member of the Council, who is not an employee of the the University, who is:
   1. appointed as the Chancellor;
   2. elected under section 8E (1) (c) of the Act;
   3. appointed under section 8F of the Act;
   4. appointed under section 8G of the Act;
   5. appointed under section 8H of the Act; or
   6. an external person appointed by the Council to membership of a committee of the Council; and
      
      who has elected not to receive an honorarium under the University Governance Charter.
4. committee of the Council - means:
   1. Audit and Risk Committee;
   2. Finance and Infrastructure Committee;
   3. Succession Planning Committee;
   4. Chancellor's Committee; and
   5. Investment Committee.
5. Council - means the University Council established under section 8B of the Act.
6. Secretary - means the University Secretary appointed under clause 19 of the By-law.

6 Notes and Headings

(7) The notes in the text of this Rule do not form part of this Rule.

(8) Headings do not form part of this Rule.

7 Principle

(9) To the extent practicable, the allowances set out in this Rule shall be commensurate with the rate of allowance approved by the NSW Government under the Crown Employees (Public Service Conditions of Employment) Award 2002 and relevant Premier's Department circulars.

Division 2 Equipment

8 Computer and Printer

(10) Eligible members, other than members elected under section 8E (1) (f) of the Act , may apply for the provision of a computer and printer by the the University, of the type and specification determined by the Secretary from time to time, for use in the conduct of the University business.

(11) Computers and printers supplied under this section shall be depreciated over a four year period in accordance with the normal depreciation schedule of the the University for computing equipment.

(12) At the end of the four year depreciation period, an eligible member may retain the computer and printer or return them to the the University.

(13) Where an eligible members' term of appointment expires prior to the end of the depreciation period, and the member wishes to acquire the computer and printer, the eligible member may purchase the equipment by paying to the Secretary the residual value as determined by the Secretary.

(14) Usage of computer and printers supplied under this section shall be in accordance with the the University's rules, policies and procedures.

(15) An eligible member may apply a computer or printer supplied under this section for reasonable personal use.

Division 3 Allowance

9 Meeting Allowance

(16) Eligible members may claim a Meeting Allowance to the maximum annual amount set out in Schedule 1 for personal attendance by the eligible member at a meeting of the Council (not including a committee of the Council) for which notice has been given.

(17) Eligible members shall be entitled to claim, and be paid, a pro rata amount for each meeting of the Council attended by the member in person each year.

(18) The Secretary shall adjust the amount of the Meeting Allowance payable under this section where the number of meetings held exceeds the number of meetings scheduled by the Council to ensure that members do not receive a sum greater than the maximum Meeting Allowance payable per annum.

(19) The Meeting Allowance is provided to cover the cost legitimately incurred by eligible members attending to official the University business as set out in Schedule 1 and includes amounts to cover the cost of attendance by eligible members at meetings of committees of the Council and other Council and the University functions.

(20) The Secretary shall pay to each eligible member a Meeting Allowance where the eligible member's name is recorded in the official Minutes of the meeting of the Council as being in attendance at that meeting in person.

10 Meeting Allowance Loading

(21) In addition to the Meeting Allowance payable to eligible members, an additional maximum annual loading may be claimed, and paid, to officeholders of the Council as set out in Schedule 2 to reflect the additional costs incurred by officeholder arising from the duties of their positions.

(22) A loading is payable on the same terms as set out in section 9.

11 Motor Vehicle Allowance

(23) The Secretary may authorise an eligible member to use a motor vehicle maintained by the eligible member for private purposes for attendance at official Council meetings or functions in accordance with this section.

(24) Where an approval is granted under clause 22, eligible members may claim a Motor Vehicle Allowance set out in Schedule 3 for travel from their ordinary place of residence for personal attendance at:

1. meetings of the Council for which notice has been given by the Secretary;
2. meetings of committees of the Council for which notice has been given by the Secretary;
3. official meetings of committees or bodies of the the University to which the member of Council has been formally appointed by resolution of the Council;
4. official meetings of other bodies to which the member has been formally appointed by resolution of the Council;
5. other official Council functions approved by the Secretary;
6. graduations of the the University; or
7. other meetings or functions approved by the Chancellor (or in the case of the Chancellor, by the Vice-Chancellor).

(25) Eligible members may not claim a Motor Vehicle Allowance for:

1. attendance at a meeting or function by teleconference or by other electronic means; or
2. attendance at or sitting on committees, boards or other bodies of the the University where the eligible member has not been formally appointed to that body by formal resolution of the Council; or
3. attendance at Regional Consultative Committee meetings; or
4. attendance at any other function (other than functions listed in clause 23, including the University functions, unless prior approval has been granted by the Chancellor (or in the case of the Chancellor, by the Vice-Chancellor); or
5. where alternative travel arrangements have been organised by the Secretary.

(26) An eligible member using a motor vehicle for official Council business must have for the vehicle a valid Third Party insurance policy and a comprehensive motor vehicle insurance policy to an amount and in a form approved by the Secretary.

(27) Use of a motor vehicle maintained by the eligible member for private purposes for travel from their ordinary place of residence on official Council business shall be at the sole risk of the eligible member.

(28) The maximum distance for which a Motor Vehicle Allowance may be claimed under this section is the distance between Albury and Dubbo in New South Wales (1200 kilometres).

12 Meal Allowance

(29) An eligible member who is required to travel in order to attend a meeting or function set out in clause 23 of this Rule may claim a Meal Allowance in accordance with the rates set out in Schedule 4 as follows:

1. the breakfast allowance when the eligible member is required to begin their journey at or before 6.00 am and at least 1 hour before the start of the meeting or function to which the claim relates;
2. the lunch allowance when required to travel a total distance on the day of at least 100km and take their lunch at least 50 km from their normal work place; and
3. the evening meal allowance when required to travel until or after 6.30pm.

(30) An eligible member may not claim a Meal Allowance where a meal has been supplied.

Division 4 Miscellaneous

13 Travel and Accommodation Arrangements for Council Meetings

(31) The Secretary's office will be responsible for making all arrangements for travel and accommodation for attendance by members at meetings of the Council.

(32) In general, the Secretary's office will book and pay for accommodation, official meals and air transport for members as required.

14 Limits on Costs for Air Travel

(33) The maximum amount the the University will pay towards the cost of air travel for attendance by a member at a meeting of the Council for which notice has been given is an amount equivalent to an ordinary return economy airfare between Dubbo and Albury via Sydney.

(34) Unless otherwise approved by the Secretary in his or her absolute discretion, where an air fare exceeds the limit under clause 32 the member shall be responsible for contributing the additional cost of an air fare prior to booking of the air travel by the Secretary.

15 Email Account

(35) All members of the Council, and committees of the Council, shall be provided with a the University email account.

(36) The use of a the University supplied email account, and other computer services, shall be in accordance with the the University's rules, policies and procedures.

(37) An eligible member may use an email account supplied under this section for reasonable personal use.

16 International Travel

(38) Eligible members shall be entitled to an allowance equivalent to the allowance approved for members of the professorial staff of the the University for international travel.

17 No Double Claims

(39) A claim shall not be made or paid twice with respect to the same meeting or function.

18 Members May Elect Not to Claim Some or All Allowance

(40) An eligible member may elect not to claim some or all the allowances payable under this Rule at any time and may revoke that election at any time.

19 Eligible Members Responsible for Obtaining Own Advice

(41) Eligible members are liable for the payment of any taxation that may be payable on any allowance claimed, or received, under this Rule.

(42) Eligible members are responsible for obtaining such advice as may be appropriate with respect to the taxation or legal obligations of the eligible member with respect to any claim under this Rule.

20 Payment to Member Only

(43) Payment of an allowance under this Rule shall be made to the eligible member and may not be made to any other person or corporation.

21 Disputes

(44) Except as provided in clause 44, a decision of the Secretary under this Rule is final.

(45) Where an eligible member disputes a decision of the Secretary under this Rule, the eligible member may refer the dispute to the Chancellor who may substitute his or her own decision.