Overview

The Royal Commissions Amendment Regulation 2013 (No. 1) was enacted to streamline the process of compensating witnesses who appear before Royal Commissions by centralising the administration of expense payments and allowances under the Attorney-General’s Department. This regulation amends the Royal Commissions Regulation 2001 by repealing Regulation 7, which previously allowed Royal Commissions to direct payments based on the High Court Scale, and replacing it with a new Regulation 7 that mandates the Attorney-General’s Department to handle all future applications. This change aims to reduce the administrative burden on Royal Commissions and the Commonwealth by consolidating the application process under one authority. The regulation incorporates a table of expenses consistent with the High Court Scale, facilitating a more efficient and less burdensome process for witnesses seeking reimbursement. The regulation was issued under the authority of the Royal Commissions Act 1902 and commenced on the day after its registration.

Scope and Application

The Royal Commissions Amendment Regulation 2013 (No. 1) amends the Royal Commissions Regulation 2001, establishing the Attorney-General’s Department as the sole authority responsible for handling applications for payment of expenses and allowances for witnesses appearing before Royal Commissions. This amendment streamlines the process for witnesses, who now only need to apply to one authority for their expenses, and it is consistent with the current High Court Scale. The application of this regulation is limited to witnesses appearing before Royal Commissions in Australia, as the Royal Commissions Act 1902 pertains to the Commonwealth jurisdiction. There are no specific exclusions or thresholds mentioned in the explanatory statement, but the regulation is designed to simplify the administrative process for both the Royal Commissions and the witnesses involved. The regulation came into effect on the day after it was registered, and it serves as a legislative instrument under the Legislative Instruments Act 2003. Given that it is of a machinery nature and does not substantially alter existing arrangements, consultation was deemed unnecessary. The amendments are compatible with human rights as they do not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Royal Commissions Amendment Regulation 2013 (No. 1) introduces significant changes to the administration of expenses and allowances for witnesses appearing before Royal Commissions in Australia. Section 6G of the Royal Commissions Act 1902 (the Act) mandates that witnesses should be compensated for their attendance-related expenses at a rate deemed reasonable. This compensation must adhere to a prescribed scale, ensuring fairness and consistency in payments. Section 17 of the Act empowers the Governor-General to issue regulations that are necessary for the Act's implementation, which is exercised in this case through the new Regulation 7. Under the new Regulation 7, the Attorney-General’s Department is tasked with handling all applications for payment of expenses and allowances for witnesses. This change streamlines the process, as previously, witnesses had to apply for certain expenses directly to the Royal Commission and seek financial assistance for legal expenses from the Attorney-General’s Department. By consolidating these responsibilities, the amendments aim to reduce administrative burdens and simplify the process for witnesses. The obligations placed on parties under this regulation include the requirement for witnesses to submit their expense claims to the Attorney-General’s Department, which will then review and process these claims based on the expenses table provided in the regulation. This table aligns with the current High Court Scale, ensuring consistency in the rates at which expenses are reimbursed. The Royal Commissions themselves are relieved from the administrative tasks associated with processing these claims, allowing them to focus more on their investigative duties. Breaching the provisions of the Royal Commissions Act 1902 or failing to comply with the regulations could result in various legal consequences. While the Act does not explicitly state offences, penalties, or specific consequences for non-compliance, general legal principles and the inherent authority of the Governor-General under Section 17 could be invoked. Such breaches could potentially lead to judicial review or other legal actions, depending on the nature and extent of the non-compliance. However, the primary focus of the regulation is on streamlining the process rather than imposing punitive measures.