Insurance Tribunal Regulations

Legislation au C1974L00264 Regulations Not in force Legislative Instrument

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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.

_____

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.

_________

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.

Overview

The Insurance Tribunal Regulations 1974 were enacted under the Insurance Acts 1973 to provide a framework for the administration and operation of the Insurance Tribunal. These regulations were made by the Governor-General, acting on the advice of the Executive Council, and aim to ensure the efficient and effective functioning of the Tribunal. The primary objective is to establish the procedures, allowances, and other administrative details necessary for the Tribunal to carry out its functions, including the remuneration of members, allowances for witnesses, and the conduct of proceedings. This legislative instrument serves to address gaps in the administrative processes required for the Tribunal to operate within the legislative scheme established by the Insurance Acts 1973.

Scope and Application

The Insurance Tribunal Regulations, made under the Insurance Acts 1973, apply to members of the Insurance Tribunal, other than judges, and witnesses who are summoned to give evidence in proceedings before the Tribunal. These Regulations cover the remuneration and allowances for members and witnesses, the procedure for summoning witnesses, and the operations of the Tribunal. Geographically, these regulations apply nationally within Australia, as they are formulated under federal legislation. There are no specific exclusions stated within the regulations themselves, but they operate within the broader framework of the Insurance Acts 1973, which may contain its own exclusions and exemptions. The Regulations can be further detailed or modified through subordinate instruments, ensuring they remain applicable and relevant in accordance with any changes in law or practice.

Key Provisions

The Insurance Tribunal Regulations, which were made under the Insurance Acts 1973, lay out specific provisions for the remuneration and allowances of Tribunal members and witnesses, as well as procedural details for the summons of witnesses and the conduct of proceedings before the Tribunal. The prescribed rate for the remuneration of members of the Tribunal, other than a Judge, is $35 per day (Regulation 3). For members who are not Judges but are otherwise performing their duties, a travelling allowance is payable at the rate of $28 per day when they are necessarily absent overnight from their usual place of residence (Regulation 4). In the event of a reference to the Treasurer or the Commissioner, it must be done by their official title only (Regulation 5). Summonses to witnesses must adhere to the form specified in Schedule 1 and are to be served by delivering a copy personally and showing it at the same time (Regulation 6). Witnesses summoned to appear before the Tribunal are entitled to allowances for their travelling and other expenses, as determined by the Chairman in accordance with the scale in Schedule 2 (Regulation 7). When a question of law has been referred to and determined by a Court, any party may lodge an office copy of the Court's order with the Tribunal (Regulation 8). The Tribunal's office hours are set from nine in the morning until four in the afternoon, excluding Saturdays, Sundays, and Commonwealth holidays (Regulation 9). The Regulations impose specific obligations on the parties involved in proceedings before the Tribunal. Members of the Tribunal, aside from Judges, must be remunerated at the specified rate for their daily attendance, and if they are absent overnight from their place of residence due to their duties, they must also be provided with a travelling allowance. Witnesses who are summoned to appear before the Tribunal are entitled to allowances for their travelling and other expenses, as outlined in Schedule 2, depending on whether they possess special skills or knowledge or are remunerated by wages, salary, or fees. Additionally, the Regulations dictate the formal process for summoning witnesses, including the form the summons must take and the method of service. The Tribunal is also required to fix a time and place for the resumption of a hearing after a question of law has been determined by a Court. Failure to comply with the provisions of these Regulations may result in legal consequences. However, the specific offences, penalties, or consequences for breach are not detailed in the text provided. Typically, breaches of regulations made under an Act could lead to civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties, if applicable, would be stipulated within the relevant sections of the Act or other relevant legislation. It is important to note that the consequences for non-compliance can vary significantly and often depend on the specific circumstances of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.