Criminal Procedure (Attendance of Witnesses) Regulations 2019

Criminal Procedure (Attendance of Witnesses) Regulations 2019

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, make the following regulations under the Criminal Procedure (Attendance of Witnesses) Act 1996 .

C. WARNER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Justice

1.   Short title

These regulations may be cited as the Criminal Procedure (Attendance of Witnesses) Regulations 2019 .

2.   Commencement

These regulations take effect on 12 May 2019.

3.   Interpretation

In these regulations –

Act means the Criminal Procedure (Attendance of Witnesses) Act 1996 .

4.   Notice to be served personally

A notice required to be served under the Act must be served personally.

5.   Preliminary notice

For the purposes of section 5 of the Act, the prescribed form of a preliminary notice is a form in accordance with Form 1 in Schedule 1 .

6.   Final notice

For the purposes of section 10 of the Act, the prescribed form of a final notice is a form in accordance with Form 2 in Schedule 1 .

7.   Expenses of witnesses

(1)  For the purposes of section 17 of the Act, the following is the prescribed scale:

Item	Matter	Prescribed scale
1.	For meals, travelling and accommodation	the same rate and on the same terms as is prescribed from time to time for the equivalent allowance in clause 3 of Part IV of the Tasmanian State Service Award made by the Tasmanian Industrial Commission
2.	For loss of salary, wages or income resulting from a person's attendance at the Court, if the person is not an expert witness (for each hour, or part of an hour)	the actual loss incurred, up to a maximum of 2.5% of the seasonally adjusted average weekly total earnings of a full-time adult employee in Tasmania, as published by the Australian Bureau of Statistics in the most recent issue of Catalogue Number 6302.0
3.	For loss of salary, wages or income resulting from a person's attendance at the Court, if the person is an expert witness –
	(a) if there is a professional body governing the professional discipline, in relation to which the expert witness has attended the Court, and that body applies a rate according to a scale applicable to that discipline	that rate or scale
	(b) if there is no such scale	up to the actual loss of salary, wages or income incurred by the person as a result of the person's attendance at the Court as an expert witness

(2)  Compensation for loss of salary, wages or income is not payable unless the person incurs an actual loss of salary, wages or income as a result of attending Court.

SCHEDULE 1 - Forms

Regulations 5 and 6

Form 1

Form 2

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 8 May 2019

These regulations are administered in the Department of Justice.