Statutory Rules
1980 No. 348
REGULATIONS UNDER THE OMBUDSMAN ACT 19761
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 Ombudsman Act 1976.
Dated this twenty-seventh day of November 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN VINER
Minister of State for Employment and Youth Affairs for and on
behalf of the Prime Minister
_______________
AMENDMENTS OF THE OMBUDSMAN REGULATIONS2
1. After regulation 9 of the Ombudsman Regulations the following regulation is inserted:
Witnesses’ expenses
“10. A person required to attend, or appearing, as a witness before the Ombudsman or his delegate, shall, in respect of his attendance, be paid such fees and allowances for expenses as are determined by the Ombudsman or his delegate, as the case may be, in accordance with the scale in Schedule 5.”.
Schedule 4
2. Schedule 4 to the Ombudsman Regulations is amended—
(a) by inserting—
“Australian Federal Police | Commissioner of Police” |
After—
“Australian Electoral Office | Chief Australian Electoral Officer”; |
(b) by omitting—
“Commonwealth Police Force | Secretary to the Department of Administrative Services”; and |
(c) by omitting—
“Police Force of the Australian Capital Territory | Commissioner of Police”. |
Schedule 5
3. The Ombudsman Regulations are amended by adding at the end thereof the following Schedule:
SCHEDULE 5 Regulation 10
WITNESSES’ ALLOWANCES FOR TRAVELLING AND OTHER EXPENSES
1. A witness appearing before the Ombudsman or his delegate 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, appearing before the Ombudsman or his delegate 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 $40 for each day on which he so appears.
3. A witness appearing before the Ombudsman or his delegate to give expert evidence shall be paid, in addition to any other amount payable to him under Item 1 or 2, a reasonable amount for qualifying to give that evidence.
4. A witness appearing before the Ombudsman or his delegate 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.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 4 December 1980.
2. Statutory Rules 1977 No. 104 as amended by Statutory Rules 1978 No. 103; 1979 No. 182.
Overview
The Regulations under the Ombudsman Act 1976, enacted in 1980 by the Governor-General with advice from the Federal Executive Council, were designed to address procedural and administrative gaps in the original Act, particularly concerning the treatment and compensation of witnesses who provide evidence in investigations conducted by the Commonwealth Ombudsman. The purpose of these Regulations, as stated in the text, is to establish clear guidelines for the payment of fees and allowances to witnesses in accordance with a specific scale, ensuring fair compensation for their time and expenses. This legislative instrument was intended to enhance the efficiency and fairness of the Ombudsman's investigative processes by providing a structured approach to reimbursing witnesses, thereby encouraging their cooperation and participation in the Ombudsman’s inquiries.
Scope and Application
The Statutory Rules 1980 No. 348, under the Ombudsman Act 1976, amend the existing Ombudsman Regulations to introduce and revise provisions relating to the payment of fees and allowances for witnesses appearing before the Ombudsman or their delegate. The application of these regulations is national, as they pertain to the Commonwealth of Australia. They primarily apply to witnesses appearing before the Ombudsman or their delegate, whether required to attend due to their professional or specialised knowledge or because of other circumstances. These regulations establish a specific scale for the payment of fees and allowances, ensuring that witnesses are adequately compensated for their time and expenses incurred as a result of their attendance. The regulations also extend their reach by allowing for further specification and amendment through subordinate instruments, thereby providing flexibility in addressing changing needs and circumstances within the framework of the Ombudsman Act 1976.
Key Provisions
The main operative sections of these regulations pertain to the payment of expenses for witnesses appearing before the Ombudsman or their delegates. Regulation 10, which is newly inserted after regulation 9, mandates that witnesses required to attend or appearing before the Ombudsman or their delegate shall be paid fees and allowances for their attendance. The payment is determined by the Ombudsman or their delegate according to the scale outlined in Schedule 5 (Reg. 10). Schedule 5 further specifies the criteria for the amount of payment, including a range of $45 to $225 for witnesses with special skills, $50 or the amount of lost wages/salary for those remunerated by wages, salary, or fees, and $40 per day for those not so remunerated. Additionally, witnesses may receive payment for travel, meals, and accommodation if required to be away from their usual residence.
The obligations and requirements imposed by these regulations are primarily directed towards the Ombudsman and their delegates. They must ensure that witnesses appearing before them are compensated appropriately for their attendance, travel, and other related expenses. The regulations require that the compensation is calculated and paid in accordance with the specified scale in Schedule 5. The Ombudsman or their delegate is tasked with determining the exact amount to be paid, considering the nature of the witness's appearance and any applicable circumstances such as loss of income or special skills. Furthermore, these provisions ensure that witnesses are fairly compensated for their time and any incurred expenses, thereby facilitating their appearance and testimony before the Ombudsman.
There are no explicit provisions in these regulations detailing offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with the mandated payment of fees and allowances to witnesses could potentially lead to legal challenges or complaints regarding the fairness and integrity of the proceedings before the Ombudsman. While the regulations themselves do not outline specific penalties, any failure to adhere to the prescribed payment scale could be subject to judicial review or other legal remedies, with potential implications for the Ombudsman or their delegate in ensuring compliance with these regulatory requirements.