It’s been revealed outgoing Victorian MP Tim Smith has been claiming a $400-a-week parliamentary car allowance, despite being banned from driving after he crashed his car while under the influence of alcohol last year.

“And I think it’s within the rules,” Neil Mitchell said on Thursday.

Bruce Atkinson is the former President of the Legislative Council and said one detail was “crucial” in determining whether it was above board.

“Whilst he can’t drive, very clearly, if he had somebody else driving him and was using that allowance to pay for them to drive him around, to do his electorate duties, then that would still be acceptable,” Liberal member for the Eastern Metropolitan Region said.

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“The system looks wrong,” Neil Mitchell said.

“If you lost your licence for being a bloody idiot, would your boss pay for a cab to work?

“$400 a week is pretty generous.

“And they already get free public transport, as members of parliament.”