Evidence (Witnesses' and Interpreters' Fees and Expenses) Amendment Regulations 2004 (WA)

31 December 2004 GOVERNMENT GAZETTE, WA 7141

JU301*

Expenses) Amendment Regulations 2004.

Evidence Act 1906

Evidence (Witnesses' and Interpreters' Fees and

Expenses) Amendment Regulations 2004

Made by the Governor in Executive Council.

1.            Citation

These are the Evidence (Witnesses' and Interpreters' Fees and

7142 GOVERNMENT GAZETTE, WA 31 December 2004

2.            Commencement

These regulations come into operation on the day on which section 28(2) of the Criminal Law Amendment (Sexual Assault and Other Matters) Act 2004 comes into operation, or the day of their publication in the Gazette, whichever is the later.

3.           The regulations amended

The amendments in these regulations are to the Evidence
(Witnesses' and Interpreters' Fees and Expenses)
Regulations 1976*.

[* Reprinted as at 17 May 2002.]

4.            Regulation 2 amended

(1)	Regulation 2 is amended by deleting the definitions of "municipality", "regulation", "Schedule" and "the Act".
(2)	Regulation 2 is amended by deleting the definition of "paying officer" and inserting the following definition instead -
44

"paying officer" means a person appointed to be the

paying officer, in the particular case, in accordance

with regulation 2A;

5. Regulation 2A inserted
After regulation 2 the following regulation is inserted -

2A.	Appointment of paying officer
(1)	In relation to matters referred to in section 1 19(2)(a)(ii) of the Act in which the complainant is a local
on its behalf— the local government or statutory body
government or other statutory body or a person acting
may appoint one or more persons to be a paying officer, to make the payments prescribed by these regulations.
(2)	In relation to the matters referred to in section 119(2) or (2a) of the Act, other than the matters referred to in subregulation (1)-

(a)	the chief executive officer;
(b)	the Director of Public Prosecutions; or
(c)	the Commissioner of Police,

(as the case requires), may appoint one or more persons to be a paying officer, to make the payments prescribed by these regulations.

31 December 2004 GOVERNMENT GAZETTE, WA 7143

6.            Regulation 3 amended

Regulation 3 is amended by deleting "fixed by" and inserting instead -

determined under

7.            Regulation 4 amended

Regulation 4(2) is amended by deleting "the amount prescribed as the maximum fee for one day in item 2." and inserting instead -

"

an amount determined by the person or body entitled to
appoint the paying officer

8.            Regulation 5 replaced

Regulation 5 is repealed and the following regulation is inserted instead -

"

5.            Expert witnesses

(1)	An expert witness may claim fees and expenses incurred by reason of his or her attendance.
(2)	The paying officer is to pay such claims as are, in the officer's opinion, reasonable and justifiable in each particular case.

9.            Regulation 6 amended

(1)	Regulation 6(1) is amended after "as a witness" by inserting -
44

or attendance at, and participation in, programmes in

preparation for giving evidence as a witness, "

(2) Regulation 6(2) is repealed and the following subregulations are
inserted instead -

IE

(2) A parent, guardian, relative or other support person

who necessarily accompanies a witness under the age of 16 years may claim fees and expenses incurred by reason of his or her accompaniment.

(3) A person who accompanies and assists a witness under the age of 16 years in order to enable the witness to -

(a) attend and give evidence at proceedings

referred to in section 1 19(2)(a) and (b) of the
Act; or

7144 GOVERNMENT GAZETTE, WA 31 December 2004

(b) attend and participate in programmes in preparation for giving evidence in those proceedings,

may claim fees and expenses incurred by reason of his

or her accompaniment and assistance.

(4) The paying officer is to pay such claims under

subregulation (2) or (3) as are, in the officer's opinion, reasonable and justifiable in each particular case, but is not to pay -

(a)	fees and expenses for more than one parent, guardian, relative or other support person per witness unless regulation 15(2) applies;
(b)	fees and expenses for more than one person to accompany and assist each witness;
(c)	fees and expenses to a person for accompanying a child witness to Court, where that person is appointed by the court to accompany and assist that child witness.

10.          Regulation 6A inserted

After regulation 6 the following regulation is inserted -

6A. (1) A witness aged 16 years or more who is, or may be,	Special witnesses
declared to be a special witness under section 106R(1) of the Act may claim fees and expenses incurred by reason of his or her attendance at, and participation in, programmes in preparation for giving evidence in proceedings referred to in section 1 19(2)(a) and (b) of the Act.
(2) A person who necessarily accompanies and assists a

witness aged 16 years or more in order to enable the

witness to -

(a)	attend and give evidence at proceedings referred to in section 1 19(2)(a) and (b) of the Act; or
(b)	attend and participate in programmes in preparation for giving evidence in those proceedings,

(or both) may claim fees and expenses incurred by reason of his or her accompaniment and assistance.

(3) A person appointed under section 106R(4)(a) of the

Act to provide support for a special witness may claim fees and expenses incurred by providing that support.

31 December 2004 GOVERNMENT GAZETTE, WA 7145

(4) Unless regulation 15(2) applies, the paying officer is to

pay such claims under subregulation (2) of this
regulation as are, in the officer's opinion, reasonable

and justifiable in each particular case, and where -

(a)

a different person attends under under paragraph (2)(b); or

(b) a different person attends under a particular paragraph on a different occasion,

each is to be paid fees or expenses for that attendance

in relation to the one witness.

(5)	The paying officer is to pay such claims under
subregulation (3) of this regulation as are, in the
officer's opinion, reasonable and justifiable in each
particular case, but is not to pay fees or expenses for
more than one person under that subregulation per
witness, unless regulation 15(2) applies. "

11.          Regulation 7 replaced

Regulation 7 is repealed and the following regulation is inserted instead -

7.            Fees for interpreters

(1)	The paying officer is to pay an interpreter an attendance fee for his or her participation in proceedings.
(2)	The attendance fee payable is to be at an agreed rate or, where no agreement can be reached, the fee payable is to be one that is, in the officer's opinion, reasonable

and justifiable in that particular case.

12.          Regulation 8 amended

(1)	Regulation 8(2) is amended by deleting "item 6." and inserting instead -
" item 2. ".
(2)	Regulation 8(2a) is repealed and the following subregulatiori is inserted instead -

M.

(2a) Where the paying officer is satisfied that bus or rail

transport is not reasonably convenient, an interpreter shall be paid at the rate prescribed in item 2 for every kilometre that he is required to travel.

7146 GOVERNMENT GAZETTE, WA 31 December 2004

13.          Regulation 10 replaced

Regulation 10 is repealed and the following regulation is inserted instead -

10.          Expenses for meals

(1)	Where a witness or interpreter is required to travel a distance exceeding 40 kilometres from his or her place of residence (but is not required to stay overnight), the paying officer shall pay the witness or interpreter the allowances for meals prescribed in item 3 in respect of the meals that are normally taken during the time of that travelling and attendance and the cost of which has been paid for by the witness.
(2)	Where a witness or interpreter is required to remain away from his or her residence overnight he or she shall be paid such actual costs for meals as, in the
opinion of the paying officer, are reasonable having regard to the circumstances of the particular case.

14.         Regulation II amended

Regulation 11(1) is amended as follows:

(a)	by deleting the subregulation designation "(1)";
(b)

by deleting "Subject to this regulation, where" and " Where ";

(c) by deleting ", but so as not to exceed the amount prescribed in item 8".

15.          Regulation 13 repealed

Regulation 13 is repealed.

16.          Regulation 15 replaced

Regulation 15 is repealed and the following regulation is inserted instead -

46  

15. Discretion to pay higher amounts in certain
circumstances

(1) Where a paying officer is presented with a

substantiated claim for expenses, loss of earnings, etc.,
that exceeds the usual amount paid under these
regulations, the person who appointed that payment
officer may approve the payment of such higher
amount as that person thinks is reasonable, and the
amount so fixed by the person shall be the amount
payable under these regulations in that case.

31 December 2004 GOVERNMENT GAZETTE, WA 7147

(2) Where, in the opinion of —

(a)	the chief executive officer;
(b)	the Director of Public Prosecutions; or
(c)	the Commissioner of Police,

(as the case requires), a witness under 16, a special witness, or a person who may be declared a special witness, necessarily requires a second parent, guardian,

relative or other support person to accompany that
witness, payment of a further amount may be approved

for that second person to accompany the witness.

,,.

17.         Schedule replaced

The Schedule is repealed and the following Schedule is inserted instead -

44  

Schedule

[r. 4, 8, 10]

$

1.          Fees for attendance

For a half-day	10.00
For a full day	15.00

2.	Rate per kilometre	37.5 cents
3	Meals— Breakfast	10.00
Lunch	10.00
Dinner	20.00

,,.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.