Administrative Appeals Tribunal Regulations (Amendment) 1991 No. 233
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 233
ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT)
Subsection 70(1) of the Administrative Appeals Tribunal Act 1975 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 level of witnesses' 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 witnesses' fees which may be paid to a witness.
Amended paragraph 1(b) provides that an expert witness, other than a person who is remunerated by wages, salary or fees, be paid an amount of not less than $92 or more than $462 for each day of attendance (as is determined by the Tribunal or Presidential Member).
Amended paragraph 2(b) provides that in the case of other witnesses, who are not remunerated by wages, salary or fees, an amount of not less than $52 or more than $86 be paid for each day of attendance (as is determined by the Tribunal or Presidential Member).
Attorney-General
Overview
The Administrative Appeals Tribunal Regulations (Amendment) 1991 No. 233 was introduced to amend the fees and allowances paid to witnesses appearing before the Administrative Appeals Tribunal. This amendment was made under the authority of subsection 70(1) of the Administrative Appeals Tribunal Act 1975, which allows the Governor-General to make regulations for the purposes of the Act. The policy objective of this amendment was to align the compensation for witnesses appearing before the Administrative Appeals Tribunal with that of the Federal Court of Australia, as specified under the Federal Court Rules. Specifically, the amendment increased the lower and upper limits of fees that may be determined for witnesses, ensuring that they receive fair compensation for their time and expenses incurred during their attendance.
Scope and Application
The Administrative Appeals Tribunal Regulations (Amendment) 1991 No. 233 pertains to the modification of fees and allowances paid to witnesses who appear before the Administrative Appeals Tribunal (AAT) as stipulated by the Administrative Appeals Tribunal Act 1975. The amendment specifically targets Schedule 2 of the existing regulations, adjusting the financial limits for witness fees to align with the compensation rates established under the Federal Court Rules for witnesses in federal court proceedings. This adjustment applies to persons summoned to appear as witnesses before the AAT and aims to ensure that the compensation provided is commensurate with the remuneration standards in higher courts. The new limits set forth in the regulations cater to both expert witnesses, who may receive a minimum of $92 and a maximum of $462 per day of attendance, and other witnesses, who are entitled to a minimum of $52 and a maximum of $86 per day of attendance. These provisions apply nationally as they pertain to the operations of the AAT, which is a Commonwealth institution, and are intended to streamline and standardise the remuneration of witnesses across federal judicial processes. The regulations do not specify any exclusions or exemptions from their application, thereby encompassing all witnesses who appear before the AAT unless otherwise determined by specific legislative provisions.
Key Provisions
The key provisions of the Administrative Appeals Tribunal Regulations (Amendment) 1991 (No. 233) primarily revolve around the fees and allowances payable to witnesses who are summoned to appear before the Administrative Appeals Tribunal (AAT). Section 67 of the Administrative Appeals Tribunal Act 1975 states that a person who is called to give evidence before the AAT is entitled to be paid fees and allowances for their attendance, as determined by regulations. Regulation 16 of the existing Administrative Appeals Tribunal Regulations sets out the fees and allowances for witnesses, which the new Regulations seek to amend (paragraphs 2(b) and 1(b) of Schedule 2).
The operative sections of the Amendment Regulations, particularly Regulation 2, modify the fees that may be paid to witnesses. Specifically, Regulation 2 increases the lower and upper limits of the fees for expert witnesses and other witnesses. The minimum fee for expert witnesses, who are not remunerated by wages, salary, or fees, is now set at $92, with a maximum of $462 per day of attendance (paragraph 1(b)). For other witnesses who are not remunerated in the same manner, the minimum fee is $52, with a maximum of $86 per day (paragraph 2(b)).
These Regulations impose clear obligations on the AAT to ensure that witnesses who are summoned are paid the appropriate fees within the specified limits. The AAT is required to determine the fees for each witness in accordance with the amended Schedule 2, which now reflects the updated minimum and maximum amounts. This change ensures that the fees paid to witnesses align with those permissible under the Federal Court Rules, providing a consistent approach to witness remuneration across different tribunals and courts.
There are no specific offences or penalties outlined in the Amendment Regulations themselves. However, non-compliance with the prescribed fees and allowances could potentially lead to administrative consequences or legal challenges. The failure to pay fees within the amended limits might result in the AAT being subject to scrutiny or review, particularly if a witness argues that they have not been adequately compensated for their time and expenses. It is important for the AAT to adhere strictly to these new regulations to avoid any legal disputes or challenges to the fairness of the proceedings.