To carry out their public duties, a Member with disability may need to use allowances and/or the EO&C Budget more flexibly and in a broader range of circumstances. To facilitate this, they may request that the relevant Officer waive or modify the application of certain guidelines to provide a reasonable adjustment where strict adherence with the guidelines would result in a material disadvantage to the Member, or where strict adherence with the guidelines is impractical due to disability.
The relevant Officer may determine to grant a request in whole or in part on a case-by-case basis noting that each Member’s circumstances might be different and each instance of claim by a single Member might warrant a different outcome.
22. Request for waiver or modification of guidelines to provide reasonable adjustment required due to disability
22.1 A Member may request that the relevant Officer waive or modify the application of the guidelines listed in sub-guideline (2), to provide that Member with a reasonable adjustment required due to disability. A request must be accompanied by a medical certificate or a document from a health practitioner demonstrating that the reasonable adjustment is required.
Note: For the avoidance of doubt, the same certificate or document can accompany one or more requests.
22.2 A request may relate to one or more of the following guidelines:
22.2.a guideline 11 – Operating and maintenance costs that may be claimed
Note: That guideline relates to which operating and maintenance costs of a Member’s electorate office the EO&C Budget may be used for.
22.2.b guideline 19 – Claiming the travel allowance
22.2.c guideline 20 – Claiming the commercial transport allowance
22.2.d guideline 21 – Claiming the international travel allowance.
Example: To perform their public duties, a Member with disability might need to purchase equipment that will be used outside their electorate office. The Member might request to be allowed to use the EO&C Budget to purchase that equipment.
Example: A Member with disability might not be able to operate their motor vehicle on some occasions. The Member might request a modification so that they can claim the commercial transport allowance for motor vehicle transport, such as a taxi, in Victoria on those occasions.
Example: A Member with disability might need a carer or support person to accompany them when travelling in order to assist with accessibility requirements. The Member might request a modification to claim the travel allowance or commercial transport allowance on those occasions.
Example: A Member may request a modification to the international travel allowance, such as waiving the nightly limit for accommodation costs set in guideline 21(4) where the cost of an ‘accessible room’ is higher than the prescribed amount, or where a larger or additional room is required to accommodate a carer or support person travelling with the Member.
The total amount claimed must not be more than the amount in the Determination for the relevant allowance.
22.3 The relevant Officer may grant a request made by a Member under this guideline, in whole or in part, if they consider the adjustment is reasonably required for the Member to perform their public duties due to disability. The relevant Officer may determine that a waiver or modification only applies in specified circumstances or subject to rules or requirements.
Updated