Statutory Rules
1974 No. 264
REGULATIONS
UNDER THE INSURANCE ACTS 1973.*
I, THE
GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council,
hereby make the following Regulations under the Insurance Acts 1973.
Dated
this nineteenth day of December, 1974.
JOHN
R. KERR
Governor-General.
By
His Excellency’s Command,
J.
F. CAIRNS
Treasurer.
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INSURANCE TRIBUNAL
REGULATIONS
Citation.
1. These Regulations may be cited as the Insurance Tribunal
Regulations.
Definition.
2. In these Regulations, “the Act” means the Insurance Acts 1973.
Remuneration of members of the Tribunal
other than a Judge.
3. For the purposes of paragraph 66 (a) of the Act the prescribed rate
is $35 per day.
Travelling
allowance of members of the Tribunal other than a Judge.
4. (1) Where a member of
the Tribunal (other than a member who is a Judge of a Federal Court or of a
Court of a State or of a Territory) is, in the course of performing the duties
of his office, necessarily absent overnight from the city or town in which he
ordinarily resides, travelling allowance is payable to him at the rate of $28
per day in respect of the period of his absence.
(2)
Travelling allowance is payable under this regulation in addition to, and does
not include, the cost of conveyance.
References to the Treasurer or the
Commissioner.
5. Where it is necessary to refer to the Treasurer or the Commissioner
in a document or in relation to proceedings, the reference shall be to the
Treasurer or the Commissioner, as the case may be, by his official title only.
Summons to witnesses.
6. (1) A summons to a
witness under sub-section 83 (3) of the Act shall be in accordance with the
form in Schedule 1.
(2)
A summons under sub-section 83 (3) of the Act shall be served on a person by—
(a) delivering a copy of
the summons to the person personally; and
(b) showing the summons
to the person at the time at which the copy is delivered to him.
* Notified in the Australian Government Gazette on 23
December 1974.
(3)
Subject to any direction of the Tribunal to the contrary, proof of the service
of a summons under sub-section 83 (3) of the Act shall be given by means of a
statutory declaration.
Allowances to witnesses.
7. A witness summoned under sub-section 83 (3) to appear at
proceedings before the Tribunal shall be paid the allowances for his travelling
and other expenses which the Chairman allows in accordance with the scale in
Schedule 2.
Proceedings before Tribunal after
determination of question of law by Court.
8. (1) Where a question of
law arising in any proceedings before the Tribunal has been referred to, and
determined by, the Court in pursuance of section 88 of the Act, any party to
the proceedings before the Court may lodge with the Tribunal an office copy of
the order of the Court.
(2)
When a copy of the order of the Court has been lodged with the Tribunal in
pursuance of sub-regulation (1), the Tribunal shall fix a time and place for
the resumption of the hearing of the proceedings and shall give notice in
writing to the parties to the proceedings stating the time when and the place
where the hearing will be resumed.
Hours of business of Tribunal.
9. The office of the Tribunal shall be open for business from nine o’clock
in the morning until four o’clock in the afternoon on each day of the week
other than—
(a) a Saturday or a
Sunday; or
(b) a day observed as a
holiday in the Commonwealth Service under section 76 of the Public Service Act 1922-1973 in the
place where the office is situated.
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SCHEDULE 1 Sub-section 83 (3)
Insurance
Acts 1973
Insurance
Tribunal
SUMMONS TO WITNESS
(Title
of Proceedings)
To
(full name and address of witness)
You
are hereby summoned to attend before the Insurance Tribunal at (place) ,
at on
the day of 19 and
thereafter from day to day until the hearing of the abovementioned proceedings
is completed or until you are excused from further attendance,
*to
give evidence on behalf of (name of party)
*You
are required to bring with you and produce the following documents:—
(List documents required)
Dated
this day of 19
Member
of Tribunal
*Strike out if not
applicable.
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SCHEDULE 2 Regulation
7
WITNESSES’
ALLOWANCES FOR TRAVELLING AND OTHER EXPENSES
1.
A witness summoned, because of his professional, scientific or other special
skill or knowledge, under the Act to appear before the Tribunal shall be paid
an allowance of not less than $15, or more than $75, for each day on which he
so appears.
Schedule 2—continued
2. A witness, other than a
witness referred to in Item 1 of this Schedule, summoned under the Act to
appear before the Tribunal shall be paid—
(a) if he is remunerated
by wages, salary or fees—
(i) an allowance equal
to the amount of wages, salary or fees lost by him by reason of his so
appearing; or
(ii) an allowance of $16
for each day on which he so appears,
whichever is the less;
or
(b) if he is not so
remunerated—an allowance of $12 for each day on which he so appears.
3. A witness appearing
before the Tribunal to give expert evidence shall be paid, in addition to any
other allowance payable to him under Item 1 of this Schedule, a reasonable
amount for qualifying to give that evidence.
4. A witness summoned
under the Act to appear before the Tribunal to give evidence shall be paid a
reasonable amount—
(a) in respect of his conveyance
to and from the place at which he so attends; and
(b) if he is required to
be absent overnight from his usual place of residence—for meals and
accommodation.