Western Australia
Evidence (Witnesses’ and Interpreters’ Fees and Expenses) Regulations 1976
Reprinted as at 17 May 2002
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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Notes amongst text (italicised and within square brackets)
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Reprinted under the Reprints Act 1984 as at 17 May 2002
Western Australia
Evidence (Witnesses’ and Interpreters’ Fees and Expenses) Regulations 1976
1.Citation1
2.Interpretation1
3.Fees and expenses to be paid2
4.Fees (item 1 and item 2)2
5.Expert witnesses (item 3 and item 4)3
6.Young persons and accompanying parent3
7.Fees for interpreters (item 5)4
8.Travelling expenses (item 6)4
9.Air fares4
10.Expenses for meals (item 7)5
11.Accommodation expenses5
12.Witnesses and interpreters from outside the State5
13.Parents accompanying witness5
14.Miscellaneous expenses6
15.Minister to have discretion6
Schedule7
Notes
Compilation table8
Reprinted under the Reprints Act 1984 as at 17 May 2002
Western Australia
Evidence Act 1906
Evidence (Witnesses’ and Interpreters’ Fees and Expenses) Regulations 1976
1.
Citation
These regulations may be cited as the Evidence (Witnesses’ and Interpreters’ Fees and Expenses) Regulations 1976 1.
2.Interpretation
In these regulations unless the contrary intention appears —
“expert witness” means a witness called to give opinion evidence because of his special skill, technical knowledge or professional qualifications;
“interpreter” means an interpreter referred to in section 119(2) of the Act;
“item” means an item in the Schedule;
“municipality” means a local government under the Local Government Act 1995 2;
“paying officer”—
(a)in relation to matters referred to in section 119(2)(a)(ii) of the Act in which the complainant is a municipality or other statutory body or a person acting on its behalf — means the person appointed by the municipality or statutory body to make the payments prescribed by these regulations;
(b)in relation to the matters referred to in section 119(2) of the Act other than the matters referred to in paragraph (a) of this definition — means a person appointed by the chief executive officer to make the payments prescribed by these regulations;
“regulation” means one of these regulations;
“Schedule” means the Schedule to these regulations;
“the Act” means the Evidence Act 1906;
“witness” means a witness referred to in section 119(2) of the Act but does not include a police officer acting in the course of his duty.
3.Fees and expenses to be paid
The paying officer shall pay the fees and expenses fixed by these regulations to witnesses and to interpreters.
4.Fees (item 1 and item 2)
(1)Subject to this regulation, the fees to be paid to a witness other than an expert witness or a witness who is a prisoner of the Crown are the fees prescribed in item 1.
(2)Subject to this regulation, where the paying officer is satisfied that, other than an expert witness, a witness has, by reason of his attendance as a witness, lost income in an amount greater than the amount fixed in item 1 he shall pay the witness a fee that equals that loss so long as the amount so paid in respect of any one day does not exceed the amount prescribed as the maximum fee for one day in item 2.
(3)A witness who is normally employed —
(a)by the Public Service of the State or of the Commonwealth or of another State or Territory of the Commonwealth; or
(b)by a body or authority established or constituted under a law of the State or of the Commonwealth or of another State or Territory of the Commonwealth,
shall not be paid the fees prescribed in item 1 or item 2.
5.Expert witnesses (item 3 and item 4)
(1)Subject to this regulation, an expert witness shall be paid the fees prescribed in item 3.
(2)An expert witness —
(a)who is a medical practitioner, other than a medical practitioner employed in the service of the State or Commonwealth or of a State or Territory of the Commonwealth; and
(b)who is required to travel a distance that exceeds 50 kilometres from his place of business,
shall be paid the additional fee prescribed in item 4.
6.Young persons and accompanying parent
(1)A witness under the age of 16 years shall not be paid any fee for attendance as a witness but where the paying officer is satisfied that that witness has suffered a loss of income by reason of that attendance he shall pay him the fees prescribed by regulation 4.
(2)A parent or guardian who necessarily accompanies a person referred to in subregulation (1) shall be paid the fees prescribed by regulation 4.
7.Fees for interpreters (item 5)
An interpreter shall be paid the fees prescribed in item 5.
8.Travelling expenses (item 6)
(1)A witness or interpreter shall be paid any bus or rail fares incurred by him.
(2)Where the paying officer is satisfied that bus or rail transport is not reasonably convenient a witness shall be paid for the distance travelled each way in respect of his attendance at the rate per kilometre prescribed in item 6.
(2a)If an interpreter does not travel by bus or rail transport, he shall be paid at the rate prescribed in item 6 for every kilometre over 50 kilometres that he is required to travel.
(3)Where a person who is entitled to be paid the travelling expenses prescribed by subregulation (2) or (2a) travels in the same vehicle as another person who is also entitled to be paid those expenses only one such payment shall be made.
9.Air fares
(1)Subject to subregulation (3) where it is necessary for a witness or interpreter to travel by air prior approval for such travel shall be obtained from the paying officer.
(2)Where prior approval for the payment of air travel has been obtained the cost of the air fare shall be paid in accordance with that approval.
(3)Where the paying officer is satisfied that it was not practicable to obtain prior approval for air travel he shall pay the air fares incurred by the witness.
10.Expenses for meals (item 7)
Subject to these regulations, where a witness or interpreter —
(a)is required to travel a distance exceeding 40 kilometres from his place of residence; and
(b)is required to leave his residence before 7 a.m.,
the paying officer shall pay the witness or interpreter the allowances for meals prescribed in item 7 in respect of the meals that are normally taken during the time of his travelling and attendance and the cost of which has been paid for by the witness.
11.Accommodation expenses
(1)Subject to this regulation, where a witness or interpreter is required to remain away from his residence overnight he shall be paid only such actual costs for accommodation at an hotel, motel or other place as in the opinion of the paying officer are reasonable having regard to the circumstances of the particular case, but so as not to exceed the amount prescribed in item 8.
[(2)repealed]
12.Witnesses and interpreters from outside the State
(1)Where a witness or interpreter is required to attend from outside this State prior approval of expenses shall be obtained from the paying officer.
(2)Where a witness or interpreter travels to this State he shall be paid such expenses as in the opinion of the paying officer are reasonable.
13.Parents accompanying witness
A parent or guardian who necessarily accompanies a witness under the age of 16 years shall be paid the expenses prescribed by regulations 8 to 12 (inclusive).
14.Miscellaneous expenses
The paying officer may at his discretion pay laundry charges and such other reasonable expenses that have been incurred by a witness or interpreter having regard to the circumstances of a particular case.
15.Minister to have discretion
Where the Minister is satisfied that in the circumstances of a particular case the amount of the fees and expenses fixed by these regulations is not appropriate he may fix such higher amount as he thinks is reasonable and the fees and expenses so fixed by the Minister shall be the amount payable under these regulations.
