Statutory Rules
1978 No. 24
REGULATIONS UNDER THE AUSTRALIAN NATIONAL RAILWAYS ACT 1917*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian National Railways Act 1917.
Dated this sixteenth day of February 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command.
IAN MacPHEE
Minister of State for Productivity for and on behalf of Minister of State for Transport
————
AMENDMENT OF THE AUSTRALIAN NATIONAL RAILWAYS REGULATIONS†
Commencement
1. These Regulations shall come into operation on the date fixed by Proclamation under sub-section 2 (2) of the Australian National Railways Amendment Act 1977.
2. The Australian National Railways Regulations are amended by adding at the end thereof the following regulation and Schedule:
Expenses of witness a before Disciplinary Appeal Board
“ 3. A person summoned to attend, or appearing, as a witness before a Disciplinary Appeal Board, shall, in respect of his attendance, be paid by the Commission such expenses as are determined by the Chairman of the Board in accordance with the scale in the Schedule.
* Notified in the Commonwealth of Australia Gazette on 21 February 1978.
† Statutory Rules 1977, No. 133.
SCHEDULE Regulation 3
WITNESSES’ EXPENSES
1. A witness appearing before a Disciplinary Appeal Board to give evidence because of his professional, scientific or other special skill or knowledge shall be paid an amount of not less than $45, or more than $225, for each day on which he so appears.
2. A witness, other than a witness referred to in item 1 of this Schedule, appearing before a Disciplinary Appeal Board to give evidence shall be paid—
(a) if he is remunerated by wages, salary or fees—
(i) an amount equal to the amount of wages, salary or fees lost by him by reason of his so appearing; or
(ii) an amount of $50 for each day on which he so appears,
whichever is the less; or
(b) if he is not so remunerated—an amount of $25 for each day on which he so appears.
3. A witness appearing before a Disciplinary Appeal Board to give expert evidence shall be paid, in addition to any other amount payable to him under Item 1 or 2 of this Schedule, a reasonable amount for qualifying to give that evidence.
4. A witness appearing before a Disciplinary Appeal Board 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.”.
Overview
Statutory Rules 1978 No. 24, made under the Australian National Railways Act 1917, was enacted to amend the Australian National Railways Regulations, specifically addressing the issue of expenses for witnesses appearing before Disciplinary Appeal Boards. The regulations were made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and commenced on the date fixed by Proclamation under sub-section 2(2) of the Australian National Railways Amendment Act 1977. The objective of these regulations is to establish a clear framework for reimbursing witnesses for their time and expenses when appearing before a Disciplinary Appeal Board, ensuring fairness and consistency in the compensation provided to those who contribute their professional expertise or time to the disciplinary process.
Scope and Application
The Australian National Railways Regulations, made under the Australian National Railways Act 1917, establish specific provisions concerning the payment of expenses for witnesses appearing before a Disciplinary Appeal Board. This legislation applies to individuals who are summoned or appear as witnesses in disciplinary matters related to the Australian National Railways, covering both professional witnesses with special skills and those without such expertise. The financial compensation includes an amount for lost wages or fees, or a set daily rate, depending on the nature of the witness's remuneration, and also covers travel, meals, and accommodation if necessary. These regulations extend across the Commonwealth of Australia, ensuring uniform application of witness expense provisions within the national railway jurisdiction. Notably, these regulations do not specify any exclusions or exemptions and do not provide for further application through subordinate instruments beyond the outlined provisions.
Key Provisions
The main operative sections of these Regulations pertain to the expenses that witnesses must be paid when appearing before a Disciplinary Appeal Board. Regulation 3 specifies that a witness appearing before a Disciplinary Appeal Board will be compensated for their attendance. The Schedule to Regulation 3 details the specific amounts to be paid. For instance, a witness with special skills or knowledge must be paid between $45 and $225 for each day they appear (Schedule, item 1). Other witnesses may be paid either the amount of wages, salary, or fees lost due to their appearance or $50 per day, whichever is less (Schedule, item 2(a)), or $25 per day if they are not remunerated by wages, salary, or fees (Schedule, item 2(b)). Additionally, witnesses may be compensated for qualifying to give expert evidence, for travel to and from the place of attendance, and for meals and accommodation if they are required to stay overnight away from their usual place of residence (Schedule, item 4).
These Regulations impose specific obligations on the Commission in relation to the payment of witnesses’ expenses. Under Regulation 3, the Commission must ensure that witnesses appearing before a Disciplinary Appeal Board are paid the appropriate expenses in accordance with the amounts specified in the Schedule. This includes paying witnesses with special skills or knowledge between $45 and $225 for each day they appear, paying other witnesses either the amount of wages, salary, or fees lost or $50 per day, and compensating witnesses for travel, meals, and accommodation if necessary. The Chairman of the Board has the authority to determine the exact amount of expenses to be paid within the specified ranges.
There are no explicit offences, penalties, or consequences for breach outlined in these Regulations. However, failure to comply with the obligations to pay witnesses’ expenses as specified could potentially lead to legal consequences under other provisions of the Australian National Railways Act 1917 or related legislation. The precise nature and severity of any such consequences would depend on the specific circumstances and any applicable laws.