Public Accounts Committee Regulations
Statutory Rules 1970 No. 18 as amended
made under the
Public Accounts Committee Act 1951
This compilation was prepared on 23 October 2000
taking into account amendments up to SR 1983 No. 179
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Citation [see Note 1]
2 Interpretation
3 Witnesses’ fees and travelling expenses
Schedule Scale of witnesses’ fees and travelling expenses
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Public Accounts Committee Regulations.
2 Interpretation
In these Regulations, unless the contrary intention appears, the Act means the Public Accounts Committee Act 1951.
3 Witnesses’ fees and travelling expenses
(1) For the purposes of section 20 of the Act, the prescribed scale is the scale in the Schedule.
(2) A reference to the High Court Rules in the scale in the Schedule shall be read as a reference to the High Court Rules as in force from time to time.
Schedule Scale of witnesses’ fees and travelling expenses
(regulation 3)
1. Witness appearing before the Committee to give evidence because of his professional, scientific or other special skill or knowledge —a fee for each day on which he so appears of not less than the lesser amount specified in the High Court Rules in relation to expenses of witnesses possessing such skill or knowledge and not more than the greater amount so specified.
2. Witness, other than a witness referred to in Item 1, appearing before the Committee — a fee ascertained as follows:
(a) in the case of a witness remunerated by wages, salary or fees — a fee of such amount as is provided for in the High Court Rules in relation to expenses of witnesses so remunerated;
(b) in any other case — a fee of such amount as is provided for in the High Court Rules in relation to expenses of witnesses generally.
3. Witness appearing before the Committee to give expert evidence — in addition to any other fee payable to him under Item 1 or 2, a reasonable amount for qualifying to give that evidence.
4. Witness appearing before the Committee — such amount as is reasonable:
(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 to the Public Accounts Committee Regulations
Note 1
The Public Accounts Committee Regulations (in force under the Public Accounts Committee Act 1951) as shown in this compilation comprise Statutory Rules 1970 No. 18 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1970 No. 18 | 26 Feb 1970 | 26 Feb 1970 | |
1972 No. 69 | 18 May 1972 | 18 May 1972 | R. 2 |
1983 No. 179 | 22 Sept 1983 | 22 Sept 1983 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Rr. 2, 3............... | rs. 1983 No. 179 |
Rr. 4, 5............... | rep. 1983 No. 179 |
R. 6................. | am. 1972 No. 69 |
| rep. 1983 No. 179 |
Rr. 7, 8............... | rep. 1983 No. 179 |
Schedule............. | rs. 1983 No. 179 |
Overview
The Public Accounts Committee Regulations, which were made under the Public Accounts Committee Act 1951, were introduced to provide a framework for the remuneration and expenses of witnesses appearing before the Public Accounts Committee. These regulations, as amended, establish a prescribed scale of fees and expenses for witnesses who provide evidence to the Committee. The Public Accounts Committee Act 1951 was enacted by the Australian Parliament, and these regulations were developed to ensure that witnesses are fairly compensated for their time and expenses incurred while giving evidence. The policy objective behind these regulations is to facilitate the smooth operation of the Public Accounts Committee by providing a clear and consistent system for reimbursing witnesses.
Scope and Application
The Public Accounts Committee Regulations, made under the Public Accounts Committee Act 1951, provide the framework for the reimbursement of witnesses' fees and travel expenses for those appearing before the Public Accounts Committee. These Regulations apply to witnesses who provide evidence to the Committee, including those with professional, scientific, or special skills, as well as other witnesses. The geographic reach of these Regulations is limited to the Commonwealth level, given their derivation from the Public Accounts Committee Act 1951. The Regulations establish a prescribed scale for fees and expenses, which is detailed in the Schedule, aligning with the High Court Rules in force at any given time. This includes fees for attendance and reasonable travel, meal, and accommodation expenses for overnight stays. The Regulations are amended and updated through subordinate statutory rules, reflecting changes such as the scale of fees and the incorporation of new rules or the repeal of existing ones.
Key Provisions
The Public Accounts Committee Regulations, made under the Public Accounts Committee Act 1951, establish the procedures for compensating witnesses who appear before the Public Accounts Committee. The primary provisions are outlined in regulation 3, which specifies the fees and travelling expenses for witnesses. These fees and expenses are determined by the scale set out in the Schedule (regulation 3). The Schedule differentiates between various types of witnesses, including those with special skills or knowledge, those remunerated by wages, salary, or fees, and those giving expert evidence. The fees are linked to the High Court Rules, which are updated as necessary, ensuring the fees remain current with legal standards (regulation 3(2)). Additionally, the Schedule covers reasonable expenses for travel, meals, and accommodation if the witness is required to stay overnight away from home (Schedule, Item 4).
The Regulations impose obligations on the Public Accounts Committee to ensure that witnesses are compensated fairly and according to the prescribed scale. This includes providing fees for the days witnesses appear before the Committee, based on their professional status or the nature of their evidence, and covering their reasonable travel, meal, and accommodation expenses if necessary (regulation 3, Schedule). The Committee must ensure that all payments are made in accordance with the specified scale and the High Court Rules, which are to be followed as they stand from time to time.
Violations of the provisions within these Regulations, particularly in the incorrect application of fees or failure to compensate witnesses as outlined, could lead to legal repercussions. Although the specific penalties for non-compliance are not detailed within the Regulations themselves, breaches of related legislative frameworks could result in civil or administrative penalties under Australian law. Such penalties could include fines or corrective actions to ensure compliance with the established standards for witness compensation.