Coroners (Fees, Expenses and Allowances) Regulations 2016
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 Coroners Act 1995 .
13 June 2016C. WARNER
Governor
By Her Excellency's Command,
DR VANESSA GOODWIN
Minister for Justice
These regulations may be cited as the Coroners (Fees, Expenses and Allowances) Regulations 2016 .
These regulations take effect on 28 June 2016.
In these regulations –Act means the Coroners Act 1995 ;Chief Magistrate has the same meaning as in the Magistrates Court Act 1987 ;GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;Tasmanian State Service Award means the Tasmanian State Service Award made under the Industrial Relations Act 1984 in respect of State Service employees and State Service officers;witness means a witness in an inquest.
The fees specified in Part 1 of Schedule 1 –(a) are payable in respect of the matters to which they respectively relate; and(b) are GST inclusive.
5. Expenses and allowances payable to witnesses
(1) Subject to subregulation (2) , the expenses and allowances specified in Part 2 of Schedule 1 are payable to a witness in respect of the matters to which they respectively relate.(2) The Chief Magistrate may –(a) determine that a professional or expert witness is to be paid an expense or allowance greater than the relevant expense or allowance specified in Part 2 of Schedule 1 ; and(b) determine the amount of the expense or allowance to be so paid to such a professional or expert witness.
6. Expenses and allowances payable to certain coroners
(1) Subject to subregulation (2) , the expenses and allowances specified in Part 3 of Schedule 1 are payable to a coroner appointed under section 10 of the Act in respect of the matters to which they respectively relate.(2) The Chief Magistrate may –(a) determine that a coroner appointed under section 10 of the Act is to be paid an expense or allowance greater than the relevant expense or allowance specified in Part 3 of Schedule 1 ; and(b) determine the amount of the expense or allowance to be so paid to such a coroner.
SCHEDULE 1 - Fees, Expenses and Allowances
Regulations 4 , 5 and 6
PART 1 - Fees
Fee units | 1. | Copy of coroner's findings | 1 (per page) | 2. | Copy of post-mortem report | 1 (per page) | 3. | Copy of any other document relating to an investigation | 1 (per page) | 4. | Copy of transcript where transcript not required by direction of the court | 2 (per page) | 5. | Copy of transcript where transcript required by direction of the court | 1 (per page) | 6. | Copy of audio recording of proceedings | 20 |
PART 2 - Expenses and allowances payable to witnesses
$ | 1. | Professional or expert witness – | (a) 4 hours or less | 79.50 | (b) more than 4 hours | 79.50 + 20.60 for each additional hour or part of an hour | (c) maximum payable per day (exclusive of any other expenses or allowances payable) | 158.80 | (d) travelling expenses – | (i) in own motor vehicle | 0.23 (per kilometre) | (ii) otherwise | Actual expenses incurred | 2. | Other witnesses, if employed – | (a) per day or part of day | 60.00 | (b) travelling – | (i) in own motor vehicle | 0.23 (per kilometre) | (ii) otherwise | Actual expenses incurred | 3. | Meal and accommodation allowances | As set by the Tasmanian State Service Award |
PART 3 - Expenses and allowances payable to certain coroners
$ | 1. | For being engaged in, or in connection with, the holding of an inquest – | (a) 2 hours or less | 36.00 | (b) more than 2 hours | 36.00 + 18.00 for each additional hour or part of an hour | 2. | For conducting an investigation to determine whether an inquest should be held, when no inquest is in fact held by the coroner conducting the investigation | 20.00 | 3. | For travelling in connection with an investigation – | (a) in own motor vehicle | 0.23 (per kilometre) | (b) otherwise | Actual expenses incurred | 4. | For meals and accommodation when duties require the coroner to be away from home overnight | The lessor of the following: | (a) actual expenses incurred; or | (b) the meal and accommodation allowance as set by the Tasmanian State Service Award |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 June 2016
These regulations are administered in the Department of Justice.