Records of Offences (Access) Rules 1984
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following rules under the Records of Offences (Access) Act 1981 .
13 February 1984J. PLIMSOLL
Governor
By His Excellency's Command,
E. M. BINGHAM
Attorney-General
PART I - Preliminary
These rules may be cited as the Records of Offences (Access) Rules 1984 .
These rules shall take effect on 1 March 1984.
In these rules, unless the contrary intention appears –the Act means the Records of Offences (Access) Act 1981 ;application means an application under section 8 of the Act to a magistrate for –(a) an order for the production of prescribed records; or(b) an order for the correction of a prescribed record;clerk means the clerk of petty sessions with whom an application is lodged under rule 6 ;hearing means the hearing of an application.
PART II - Applications to a Magistrate[Rule 4 Rescinded by S.R. 1989, No. 91, Applied:21 Jun 1989] . . . . . . . .
5. Form of applications under section 8 of the Act
(1) For the purposes of section 8(1) of the Act, an application to a magistrate shall be in accordance with Form 1.(2) For the purposes of section 8(2) of the Act, an application to a magistrate shall be in accordance with Form 2.
6. Procedure for applications under section 8 of the Act
(1) An application under section 8 of the Act to a magistrate shall be lodged with the clerk of petty sessions nearest the applicant's place of employment or residence.(2) The clerk shall, on the direction of a magistrate, notify the applicant and the recording authority of the time and place at which the application will be heard.(3) The applicant and the recording authority may be represented by a barrister or solicitor at the hearing of the application.(4) A magistrate may, at the request of either party to the application, summon witnesses to give evidence or produce documents, or both, at the hearing of the application.(5) On making an order on the application the magistrate shall make a copy of the order available to each party to the application.
PART III - Subsistence allowances and expenses payable to witnesses
7. Subsistence allowances for loss of wages, &c.
Subject to the provisions of this Part, a witness is entitled to receive a subsistence allowance not exceeding $60 a day or a proportionate amount for part of a day for loss of salary or wages or for other monetary loss by reason of his attendance at a hearing.
8. Witness in receipt of salary or wages
A subsistence allowance is not payable to a witness in receipt of salary or wages unless the clerk is satisfied that the witness has suffered loss of salary or wages by reason of his attendance at a hearing.
A subsistence allowance is not payable to a witness who is self-employed unless the clerk is satisfied that the witness has suffered monetary loss by reason of his attendance at a hearing.
10. Power to require proof of loss of wages, &c.
The clerk may, before he makes a payment of a subsistence allowance to a witness, require the production of –(a) a certificate from the employer of the witness stating the amount of salary or wages that the witness has actually lost; or(b) a signed voucher or other evidence satisfactory to the clerk that the witness has actually suffered monetary loss.
11. Maximum rate of subsistence allowance
A subsistence allowance payable under this Part shall not exceed the amount of the loss or the amount of $60 a day, whichever is the lesser.
A witness who resides at a distance from the place of a hearing shall be allowed in addition to a subsistence allowance under this Part, such travelling expenses as appear to the clerk to have been reasonably incurred by the witness.
13. Expenses for 2 or more hearings
A witness who is required to attend at more than one hearing during a sitting of the court shall, in respect of each hearing, be entitled to a proportionate part only of a subsistence allowance and expenses payable to him under this Part.
14. Requirement for monetary loss
Notwithstanding anything contained in this Part, no subsistence allowance or expenses shall be payable to any witness who does not suffer monetary loss by reason of his attendance at a hearing.
15. Special fee for interpreter
Notwithstanding anything contained in this Part, the clerk may allow, in addition to any other subsistence allowance or expenses payable to a witness under this Part, a special fee of such amount as, in the opinion of the clerk, is just and reasonable in the circumstances to an interpreter in respect of his attendance at a hearing.
PART IV - Miscellaneous
16. Evidence of demerit points by certificate
For the purposes of the hearing of an application where any demerit points awarded against the applicant are in issue, a certificate –is admissible in evidence.(a) [Rule 16 Amended by S.R. 2000, No. 140, Applied:14 Aug 2000] purporting to be signed by the person in charge of the record of demerit points kept under the Vehicle and Traffic Act 1999 ; and(b) giving particulars of the record so far as it relates to the applicant –
SCHEDULE 1 - Forms
Form 1[Schedule 1 Amended by S.R. 2000, No. 140, Applied:14 Aug 2000]
Form 2[Schedule 1 Amended by S.R. 2000, No. 140, Applied:14 Aug 2000]
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 February 1984
These rules are administered in the Law Department .