M.L.A.’s ALLOWANCE

Greymouth Evening Star, 9 November 1931, Page 7

M.L.A.’s ALLOWANCE

NOVEL COURT CASE. SYDNEY, October 28. In the Bankruptcy Court yesterday IT-, oflicial receiver (Mr. C. F. AV. Lloyd) applied for the attachment of pari of the Parliamentary allowances of Robert. James Stuart-Robertson, member for Annandale in the Legislative Assembly. Mr. Justice Lukin reserved his decision. Mr. Stuart-Robertson claimed that, as in, received an allowance only by way of reimbursement for expenses incurred by him in the dischaigc of his oflicial duties, he was not. in receipt of a Parlamentary salary or income and the reimbursements were not subject to attachment, by the Bankruptcy Court. Mr. Lexton. K.C.. who appeared for Mr. Stuart-Robertson, said that it was ‘•he first, case of its kind in the history ot the Commonwealth.

Mu. Movcrley (for the oflicial receover) submitted that even though it. v as called an allowance by way of reimbursement, Mr. Stuart-Robertson received income by virtue of bis position as member of Parliament. At one time, member-; of the State Parliament received £l6 a week, and it would be extraordinary if a position was allowed io continue whereby a man could go bankrupt for £2009 or more, as in <he present, case, and then be able to say. “J am a member of Parliament,” and laugh at his creditors. The word ‘‘by way of reimbursement” did not alter the fact, of the allowance being received as income, a regular payment to which members were entitled legally whether the House was in session or not. It was a charge on the consolidat'd revenue fund and it could not be .-f| that it was reimbursement in the wav ot indemnity.

Mr. Loxion said tlirit. a Parliamentary allowance whs simply money that came into the hands of a member and was assumed by the State to be leasonali'y necessary to defray out-of-pocket expenses. Ills Honor: Could that be applied to a. salary of £BOO a year? Mr. Lexton said that be had had some experience of what, was necessary to p ; '.v expenses as a member of Parliament. fie added that there was i>o mat hint-rv either for the Legislature <>r for that Court to say what would bo necessary by way ot reimbursement for expenses incurred by any members of Parliament during the coming year, and on that ground alone ihe other side must fail. 11 is Honor said that be assumed that iho Federal Bankruptcy Act was constitutional. and if the Bankruptcy Judges in cadi State questioned its ccm-'tifut (duality it. would lead to -.-hiofic. conditions. He would leave 'het point io the parties to refer to the High Court should they see fit. His Honor then reserved his decision, which, he said, would not be delivered until his return from Melbourne.