Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of section 38 of the Act, an allowance mentioned in an item in the following table is payable to a person summoned to appear as a witness at a hearing before the Commission for the purpose, and in the amount, set out in relation to the item.
Allowances for appearing before the Commission as a witness | |||
Item | Allowance | Purpose of allowance | Amount of allowance |
1 | Loss of earnings allowance | To compensate a witness for loss of earnings due to the appearance (including wages, salary and fees) | An amount the Commission considers reasonable to compensate that witness for the loss of earnings, including, for an expert witness, compensation for time reasonably spent preparing evidence |
2 | Transport allowance | To compensate a witness for the cost of travel between the witness' usual place of residence and the place of the hearing | An amount the Commission considers reasonable to compensate that witness for the cost of travel, including an amount paid by reimbursement of expenses incurred by the witness |
3 | Accommodation and meal allowance | To compensate a witness for the cost of accommodation and meals, if the witness is reasonably required to be absent from the witness' usual place of residence overnight for the purposes of the appearance | An amount the Commission considers reasonable to compensate that witness for the cost of accommodation and meals, including an amount paid by reimbursement of expenses incurred by the witness |
(2) Applications may be made to the Administrative Review Tribunal for review of decisions by the Commission under subsection (1) in relation to the payment of allowances.
(3) The Commission must give a witness written notice of a decision under subsection (1) in relation to the payment of an allowance to the witness, including a statement to the effect that, subject to the Administrative Review Tribunal Act 2024 , application may be made to the Administrative Review Tribunal for review of the decision.