Coroners (Fees, Expenses and Allowances) Regulations 2006 (TAS)

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Coroners (Fees, Expenses and Allowances) Regulations 2006

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 .19 June 2006

W. J. E. COX

Governor

By His Excellency’s Command,

STEVEN KONS

Minister for Justice and Workplace Relations

1Short titleThese regulations may be cited as the Coroners (Fees, Expenses and Allowances) Regulations 2006 . 2CommencementThese regulations take effect on 5 July 2006. 3InterpretationIn these regulations – Act means the Coroners Act 1995 ; Chief Magistrate means the person for the time being holding or acting in the office of Chief Magistrate referred to in section 5 of the Magistrates Court Act 1987 ; General Conditions of Service Award means the General Conditions of 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. 4General feesThe fees specified in Part 1 of Schedule 1 are payable in respect of the matters to which they respectively relate. 5Expenses and allowances payable to witnesses (1)  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 determine that a particular professional or expert witness should be paid an expense or allowance greater than that prescribed by subregulation (1) . 6Expenses and allowances payable to certain coroners (1)  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 determine that a particular coroner appointed under section 10 of the Act should be paid an expense or allowance greater than that prescribed by subregulation (1) . 7Legislation rescindedThe legislation specified in Schedule 2 is rescinded. Schedule 1Fees, expenses and allowances

Regulations 4 , 5 and 6

PART 1Fees

1. 

Copy of coroner’s findings (each page)

1 fee unit

2. 

Copy of post-mortem report (each page)

1 fee unit

3. 

Copy of any other document relating to an investigation (each page)

1 fee unit

4. 

Copy of transcript where transcript not required by direction of the court (each page)

2 fee units

5. 

Copy of transcript where transcript required by direction of the court (each page)

1 fee unit

6. 

Copy of audio recording of proceedings

19 fee units

PART 2Expenses and allowances payable to witnesses

1. 

Professional or expert –

(a) maximum each day

$158.80

(b) 4 hours or less

$79.50

(c) each additional hour (or part hour)

$20.60

(d) travelling –

(i) in own motor vehicle (each kilometre)

23 cents

(ii) otherwise

actual expenses

2. 

Other income producer –

(a) each day

$60

(b) travelling –

(i) in own motor vehicle (each kilometre)

23 cents

(ii) otherwise

actual expenses

3. 

Meal and accommodation allowances as set by the General Conditions of Service Award.

PART 3Expenses and allowances payable to coroners appointed under section 10 of Act

1. 

For being engaged in, or in connection with, the holding of an inquest –

(a) 2 hours or less

$36

(b) each additional hour (or part hour)

$18

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

3. 

For travelling in connection with an investigation –

(a) in own motor vehicle (each kilometre)

23 cents

(b) otherwise

actual expenses

4. 

For meals and accommodation when duties oblige the coroner to be away from home overnight, whichever is the lesser of the following:

(a) the actual expenses incurred;

(b) the meal and allowance rates as set by the General Conditions of Service Award.

Schedule 2Legislation rescinded

Regulation 7

Coroners Regulations 1996 (No. 188 of 1996)

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

Notified in the Gazette on 28 June 2006

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) prescribe the fees, expenses and allowances that are payable under the Coroners Act 1995 ; and (b) rescind the Coroners Regulations 1996 .
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