Administrative Appeals Tribunal Regulations (Amendment) 1992 No. 235
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 235
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT)
Subsection 70(1) of the Administrative Appeals Tribunal Act 1975 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 67 of the Act provides that a person summoned to appear before the Administrative Appeals Tribunal is entitled to be paid fees and allowances, fixed by or in accordance with the regulations, in respect of his or her attendance.
Regulation 16 of the Administrative Appeals Tribunal Regulations provides that a person summoned to appear as a witness before the Tribunal shall be paid such fees and allowances for expenses in respect of his or her attendance as a witness as is determined by the Tribunal in accordance with Schedule 2.
The proposed Regulations amend Schedule 2 of the Regulations to increase the lower and upper limits of fees which may be determined for witnesses. The limits have been increased to provide the same level of fees allowed in the Federal Court of Australia under the Federal Court Rules.
Details of the Regulations are as follows -
Regulation 1 is formal.
Regulation 2 amends paragraphs 1(b) and 2(b) of Schedule 2 of the Regulations by increasing the minimum and maximum amounts of fees which may be paid to a witness.
Amended paragraph 1(b) provides that an expert witness other than a person which is remunerated by wages, salary or fees, be paid an amount of not less than $95 or more than $475 for each day of attendance (as is determined by the Tribunal or Presidential Member).
Amended paragraph 2(b) provides that other witnesses, who are not remunerated by wages, salary or fees, be paid an amount to be determined by the Tribunal or Presidential Member, which is not less than $54 or more than $89 for each day of attendance.
Overview
The Administrative Appeals Tribunal Regulations (Amendment) 1992 (No. 235) was introduced to amend existing regulations under the Administrative Appeals Tribunal Act 1975, an Act enacted to provide for the establishment of the Administrative Appeals Tribunal and to provide for the review of administrative decisions. The amendment was issued by the authority of the Attorney-General and seeks to ensure that the fees and allowances paid to witnesses appearing before the Tribunal are commensurate with those paid in the Federal Court of Australia, thereby addressing any discrepancies and ensuring fairness and equity in the treatment of witnesses. The overarching policy objective is to align the compensation standards for witnesses in administrative reviews with those in federal judicial proceedings, thus maintaining a consistent and equitable approach to witness remuneration across different judicial forums.
Scope and Application
The Administrative Appeals Tribunal Regulations (Amendment) 1992 No. 235 amends the existing administrative regulations under the Administrative Appeals Tribunal Act 1975. This Act applies to the Commonwealth of Australia and its territories, regulating the conduct of the Administrative Appeals Tribunal in processing appeals against administrative decisions. The Regulations primarily affect individuals and entities that are summoned to appear as witnesses before the Tribunal, aligning their compensation with that of the Federal Court of Australia. The amendments to Schedule 2 of the Regulations increase the financial allowances for expert and non-expert witnesses to ensure they are compensated appropriately for their time and expenses. The new minimum and maximum amounts for daily allowances are set at $95 to $475 for expert witnesses and $54 to $89 for other witnesses, reflecting adjustments to provide parity with the Federal Court’s provisions. This ensures that witnesses are adequately compensated for their attendance, thereby facilitating fair and effective judicial processes.
Key Provisions
The Administrative Appeals Tribunal Regulations (Amendment) 1992 No. 235 amends the fees and allowances that can be paid to witnesses under Schedule 2 of the Administrative Appeals Tribunal Regulations. The amendments are made pursuant to the power granted by subsection 70(1) of the Administrative Appeals Tribunal Act 1975 (the Act) and in accordance with section 67 of the Act, which mandates that fees and allowances for witnesses are to be determined by the Tribunal. Specifically, Regulation 2 of the proposed amendments increases the lower and upper limits of fees payable to expert witnesses and other witnesses, aligning them with the levels permissible under the Federal Court Rules.
The obligations imposed by these amendments include ensuring that any expert witness who is not remunerated by wages, salary, or fees, will receive no less than $95 or more than $475 per day for their attendance, as per amended paragraph 1(b) of Schedule 2. Similarly, other witnesses who are not remunerated in the same manner will receive no less than $54 or more than $89 per day, as stipulated in amended paragraph 2(b) of Schedule 2. The Tribunal or Presidential Member retains the discretion to determine the precise amount within these newly established limits.
Failure to comply with the amended regulations may lead to legal consequences, although specific offences, penalties, or consequences are not detailed within the explanatory statement. However, given the statutory context, non-compliance could potentially result in civil or administrative penalties. For example, incorrect payment of fees as outlined in the Regulations could lead to disputes regarding the fairness of witness compensation, which may subsequently be subject to judicial review or Tribunal intervention. Additionally, the Act itself may provide for penalties for non-compliance with its provisions, which would be applicable to the Regulations.
The maximum penalties for breaches of the Administrative Appeals Tribunal Act 1975 or related regulations are not explicitly stated in the explanatory statement, but they could include fines or other sanctions as determined by a court or the Tribunal. The precise nature and extent of these penalties would depend on the specific provisions of the Act and any relevant case law.