Public Works Committee Regulations (Amendment)

Overview

The Statutory Rules 1976 No. 218, made under the Public Works Committee Act 1969, were enacted to amend the Public Works Committee Regulations. This legislative instrument was introduced to address the need for updating the fees and expenses payable to witnesses appearing before the Public Works Committee. The Public Works Committee Act 1969 was enacted by the Commonwealth Parliament, aiming to establish and regulate the Public Works Committee to oversee public works and services. The regulation was made by the Governor-General, acting on advice from the Federal Executive Council, and the policy objective is to ensure that witnesses appearing before the Committee are fairly compensated for their time and expenses incurred during their testimony. The regulation specifically outlines the fees and allowances for witnesses, including those with special skills or knowledge, as well as those remunerated by wages, salary, or fees, and those not so remunerated. Additionally, it addresses the payment of travel and accommodation expenses for witnesses required to be absent overnight from their usual place of residence.

Scope and Application

The Legislative Instrument, Statutory Rules 1976 No. 218, made under the Public Works Committee Act 1969, amends the Public Works Committee Regulations to revise the compensation for witnesses appearing before the Committee. The Regulations apply to witnesses who appear before the Committee to give evidence due to their professional, scientific or other special skill or knowledge, as well as to other witnesses who may be remunerated or not. The compensation includes fees for the time lost and for travelling expenses, with specific rates outlined to ensure fair remuneration based on the nature of the witness's appearance and their employment status. The instrument establishes a clear framework for the payment of fees and expenses to witnesses, ensuring that they are adequately compensated for their participation in proceedings before the Committee. The regulations apply nationally within the Commonwealth of Australia, and there are no stated exclusions or exemptions in the provided text. The application of the Act is extended and clarified through these subordinate regulations, which provide detailed guidance on the compensation structure.

Key Provisions

The main operative sections of this statutory instrument, specifically the Second Schedule to the Public Works Committee Regulations, outline the compensation for witnesses appearing before the Committee. According to Regulation 6(1), a witness with special skill or knowledge must be paid a fee between $45 and $225 per day. For other witnesses, if they are paid by wages, salary, or fees, they should receive either the lost wages or a minimum of $50 per day, whichever is less (Regulation 6(2)). If they are not paid by wages, salary, or fees, they should receive $25 per day (Regulation 6(2)). Additionally, witnesses providing expert evidence are entitled to a reasonable amount for qualifying to give such evidence (Regulation 6(3)). All witnesses are also entitled to reimbursement for travel to and from the place of attendance, and if they must stay overnight, they are entitled to meal and accommodation expenses (Regulation 6(4)). The obligations and requirements imposed by these regulations ensure that witnesses are fairly compensated for their time and expenses when appearing before the Committee. It mandates that witnesses with special skills or knowledge are paid within a specific range, while other witnesses are compensated based on their employment status. This ensures that all witnesses are adequately reimbursed for their lost earnings or time. Furthermore, the regulation requires the Committee to cover reasonable expenses for expert witnesses and travel and accommodation costs for all witnesses, ensuring that their appearance before the Committee does not impose undue financial burden. The statutory instrument does not explicitly mention any offences, penalties, or consequences for non-compliance with these regulations. However, given that these regulations are made under the Public Works Committee Act 1969, any failure to adhere to the prescribed compensation and reimbursement standards could potentially lead to legal actions or disputes regarding the fairness and legality of the Committee's practices. It would be prudent for the Committee to strictly comply with these provisions to avoid any legal repercussions or claims of unfairness.