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©State of Queensland
Department of Justice and Corrective Services, Brisbane, 21st March, 1991 MIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Coroiiers
Acr 1958-1990, has been pleased to make the following rules.
G. R. MILLINER Minister for Justice and
Corrective Services
CORBXERS (AMENDMENT) RULES 1991
1. Short title. These rules may be cited as the Coroners (‘4mendment) Rules 1991.
2. Commencement. These rules commence on 1 April 199 1.
3. Principal Rules. The Coroners Rules 1959, as subsequently amended, are referred to in these rules as the Principal Rules.
4. Amendment of Principal Rules. The Principal Rules are amended by repealing t h e Second Schedule a n d substituting the following Schedule:-
“SECOND SCHEDULE
ALLOWANCES TO WITNESSES ATTENDING INQUESTS 1, Interpretation. For the purposes of this Schedule-
(a) a non-professional witness is a witness who attends the relevant C o u r t t o give evidence of a n o n - professional nature;
and
(b) a professional or expert witness is a witness who attends the relevant Court to give evidence of a professional o r expert nature;
and
(c) a n interpreter is a person who attends the relevant Court to interpret the testimony of a witness;
and
“public transport” means transport which is available payment of a fare.
any form of passenger for use by the public on
GOY. Gar., 23rd March, 1991, No. 71, page 1772-6
2
2. M’itness allowances. ( 1 ) Each non-professional witness, professional or expert witness, or interpreter is entitled to be paid-
(a) a travelling allowance;
(b) an accommodation allowance;
(c) an attendance allowance;
and and
in accordance with this Schedule, for attendance at Court.
( 2 ) The travelling allowance is a payment made towards meeting the cost incurred by the witness or interpreter in travelling to and from the Court.
(3) The accommodation allowance is a payment made towards meeting the costs incurred by the witness or interpreter for accommodation and meals when the witness or interpreter is necessarily absent from that person’s place of abode for the purpose of attendance at Court.
(4) The attendance allowance is a payment made towards meeting any loss of earnings or additional expenses incurred by a witness or an interpreter during the person‘s absence from the person’s place of abode for the purpose of attendance at Court.
3. Travelling allowance. (1) The amount of the travelling allowance that is to be paid to a witness or an interpreter. (other than a witness or an interpreter to whom clause 8 of this Schedule applies) is-
(a) the amount actually and properly paid for fares;
or
(b) where there is no public transport available, the amount calculated at the rates per kilometre for the time being payable to an officer of the Public Service pursuant to a determination or ruling made by the Governor in Council for the purposes of regulation 42 of the Public Service Management and Employment Regulations 1988 taken to the nearest whole cent.
(2) A witness or an interpreter is not entitled to the payment of a travelling allowance if no expense is incurred by the witness or interpreter in travelling to and from the Court.
(3) If a witness or an interpreter travels to and from the Court in a private vehicle with another witness or interpreter, onlv 1 payment is to be made under subclause ( 1 ) (b) for that vehicicle.
(4) If approval is given for the witness or interpreter to travel to and from the Court by air, the amount of the travelling allowance is to be the amount payable for-
(a) in the case of a non-professional witness or an interpreter, the amount payable for economy class air travel by that person to and from the Court;
or
(b) in the case of a professional o r expert witness, the amount payable for first class air travel by that person to and from the Court.
(5) For the purposes of the calculation of travelling allowances.
in determining whether public transport was available, regard is to be had to whether a public transport system operated by which a person could conveniently travel to the relevant Court in reasonable time before the person’s required attendance and could conveniently return to the person’s place of abode or employment after the person’s attendance at Court.
4. Accommodation allowance. ( 1 ) T h e a m o u n t of t h e accommodation allowance that is to be paid to a witness or an intemreter. (other than a witness or intemreter to whom clause 8 of this Schedule applies) is to be the amount calculated at the rates for the time being payable t o a n officer of the Public S e n i c e as determined by the Governor in Council for the purposes of regulation 40 of the Public Service Management and Employment Regulations 1988 under the heading-
(a) i n the case of non-professional witnesses a n d interpreters, “Other Officers”;
or
(b) in the case of professional or expert witnesses, “Band 1 and Band 2 contracted employees o r non-contracted employees with a normal salary greater than the minimum of Band 2”.
( 2 ) For the purposes of subclause (1)) the period of absence from the hitness‘ or interpreter’s, place of abode is to be calculated from the time of departure from that place to the time of return to that place and if? after the number of whole days absence has been determined, the period remaining is more than 12 hours, that period is to be treated as a day’s absence.
(3) For the purposes of the calculation of accommodation allowances, regard is to be had to the time of the latest public transport of the class used which could conveniently convey the person to the place of attendance at the relevant Court in reasonable time before the person’s required attendance and!
after that attendance, the time of arrival at the person’s place of abode or employment of the earliest public transport of that class leaving the place of attendance within a reasonable time after that attendance. unless special reasons exist for some other basis for the calculation.
5 . Non-professional attendance allowance. ( 1) The amount
of the attendance allowance that is to be paid to a non-professional witness (other than a witness to whom clause 8 of this Schedule applies) is-
(a) if the witness is under 16 years of age, $22.00;
(b) if the witness is 16 years of age or over, $43.00;
or
for each day or (subject to subclause (2)) part of a day of necessary absence from the witness’ place of employment or abode.
4
(2) If the witness is not required to give evidence or is excused from giving evidence and is not in attendance at the Court for more than 2 hours, the amount of the attendance allowance is-
(a) if the witness is under 16 years of age-$l 1.00;
(bj if the witness is 16 years of age or over-$22.00;
or
unless the witness satisfies the Coroner that the witness has suffered actual financial loss in excess of the relevant amount, but in n o case is the attendance allowance to exceed the amount payable under subclause (1)
6. Professional or expert attendance allowance. ( 1 ) The amount of the attendance allowance that is to be paid to a professional or expert witness, (other than a witness to whom clause 8 of this Schedule applies) is $133.00 for each whole day of necessary absence from the person's place of employment, practice or abode.
(2) If the period for which a professional or expert witness is necessarily absent is 7 hours o r less, the amount of the attendance allowance that is to be paid is-
(a> for an absence of 3 hours or less-$j0.00;
(b) for an absence of more than 3 hours but not more or
than 4 hours-$67.00;
or
than 5 hours-$83.00;
or
than 6 hours-$98.00;
or
(c) for an absence of more than 4 hours but not more
(d) for an absence of more than 5 hours but not more
(e) for an absence of more than 6 hours but not more than 7 hours-$1 15.00.
(3) If the witness is a medica1 practitioner employed by a Hospitals Board under the ~ o s p i t ~ ~ s Act 1936-1988, the attendance allowance that is to be paid is $50.00 for each day or part of a day of necessary absence from the hospital at which the person is employed.
7, Interpreter attendance allowance. (1) The amount of the attendance allowance that is to be paid to an interpreter, (other than an interpreter to whom clause 8 applies) is $132.00 for each day of necessary absence from t h e interpreter's place of employment or abode for the purpose of attendance at Court.
( 2 ) If the period for which the interpreter is necessarily absent is less than 8 hours, the amount of that attendance allowance is-
(a) for the first 2 hours o r part of 2 hours-$33.00;
(b) for each additional hour or part of an h o u r 4 1 6 . 5 0 . (3) If the interpreter is not required to give evidence or is excused by the Coroner from giving evidence and is not in attendance at the Court for more than 2 hours, the amount of the attendance allowance is $22.00, unless the interpreter satisfies the Coroner that the interpreter has suffered actual financial loss in excess of that amount, but in n o case is the attendance allowance to exceed the amount payable under subclause ( 2 ) .
8. Witness and interpreters in the employment etc. of the State. (1) Clauses 2. 3, 4, 5, 6 and 7 of this Schedule do not apply to a witness or an interpreter who is-
(a) an officer or employee of the Crown in right of the State or of the Commonwealth or of any Crown corporation o r instrumentality;
or
Service Adminisrration Act 1990;
or
(c) an officer or employee of a Hospitals Board within the meaning of the Hospitals Act 1936-1988 other than an officer or employee referred to in clause 6 (3) of this Schedule;
or
(d) a prisoner of the Crown.
and
(b) a police officer within the meaning of the Police
( 2 ) A prisoner who is released t o work pursuant to the Correcriije Senices Act 1988-1990 who incurs any loss of salary or wages while attending Court as a witness or an interpreter is entitled to be paid the fees and expenses determined by the Director-General of the Department of Justice and Corrective Services (not exceeding t h e allowances payable u n d e r this Schedule).
9. Determination of certain claims. If a person referred to in clause 8 claims an allowance under this Schedule, the claim is to be referred to the chief executive, within the meaning of the Public Service Management and Employment Act 1988-1 990, of the Department concerned, for determination of the claim.
10. Payment in certain cases. If the Commonwealth is involved in the payment of any allowance to a witness o r an interpreter, the payment is t o be made in accordance with Commonwealth-State arrangements relating to those payments.”.
V. R. Wafd. Government Printer. Queensland
