Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004

Victorian Legislation Parliamentary Documents i Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004 S.R. No. 65/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Application 1 4. Attendance allowance for expert witness 2 5. Allowances and expenses of other witness 2 6. Meals 3 7. Accommodation 4 8. Travelling 4 9. No payment to prisoners 4 10. Evidence of expenses etc. to be produced 4 ═══════════════ -- 1 of 6 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 65/2004 Evidence Act 1958 Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 22 June 2004 Responsible Minister: ROB HULLS Attorney-General DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to specify the allowances and expenses that are to be paid to Crown witnesses. 2. Authorising provision These Regulations are made under section 152 of the Evidence Act 1958. 3. Application These Regulations only apply to Crown witnesses— (a) in criminal trials and criminal appeal proceedings in the Supreme Court and in criminal trials in the County Court; and -- 2 of 6 -- Victorian Legislation Parliamentary Documents S.R. No. 65/2004 Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004 2 (b) in criminal and quasi-criminal proceedings in the Magistrates' Court and in appeal proceedings in the County Court; and (c) at inquests held by coroners. 4. Attendance allowance for expert witness A Crown witness who is called to give evidence at a court in a professional or expert capacity, is entitled— (a) to an amount of $79.50 if the period of absence from his or her place of business or residence to attend the court is 4 hours or less; or (b) if the period of absence is more than 4 hours, to an amount of $79.50 plus $20.60 for each additional hour, or part of an hour, that he or she is absent from his or her place of business or residence in excess of 4 hours, up to a maximum of $158.80 for any one day. 5. Allowances and expenses of other witness (1) This regulation applies to a Crown witness who is called to give evidence at a court other than in a professional or expert capacity. (2) If the witness is engaged in an income producing vocation and loses income because of his or her attendance at the court, he or she is entitled to the amount of income actually lost up to a maximum of $69.10 for each day, or part of a day, that he or she is necessarily absent from his or her place of business by reason of the attendance. (3) If the witness is not engaged in an income producing vocation but he or she necessarily incurs expenditure because of his or her attendance at the court that is not provided for in regulation 6, 7 or 8, he or she is entitled to the r. 4 -- 3 of 6 -- Victorian Legislation Parliamentary Documents S.R. No. 65/2004 Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004 3 amount of the actual expenditure incurred up to a maximum of $33.70 for each day. 6. Meals (1) A Crown witness who is called to give evidence at court and who is necessarily absent from his or her home by reason of the attendance at court is entitled to the following allowances for meals during his or her absence— (a) if the witness is absent from his or her home overnight— Capital City Any other location Breakfast $17.70 $15.75 Lunch $19.75 $18.05 Dinner $34.05 $31.15 Total $71.50 $64.95 (b) if the witness is absent for a part of a day only, departing and returning the same day— Breakfast $12.40 Lunch $12.40 Dinner $16.50 Total $41.30 (2) Despite sub-regulation (1), a Crown witness is only entitled to an allowance— (a) for breakfast, if he or she is absent from his or her home between 7.00 a.m. and 9.30 a.m.; (b) for lunch, if he or she is absent from his or her home between 12.00 p.m. and 3.00 p.m.; (c) for dinner, if he or she is absent from his or her home between 5.00 p.m. and 7.00 p.m. r. 6 -- 4 of 6 -- Victorian Legislation Parliamentary Documents S.R. No. 65/2004 Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004 4 7. Accommodation A Crown witness who is called to give evidence at a court and who is necessarily absent from his or her home overnight because of his or her attendance at the court is entitled to the cost incurred by him or her of alternative accommodation up to a maximum of $150.00 for each night of his or her absence. 8. Travelling (1) A Crown witness who is called to give evidence at a court is entitled to an allowance in respect of the expense of travelling to and from the court equal to the cost of the most economical form of transport having regard to the total expense of attending the court. (2) If the witness uses his or her own vehicle, he or she is entitled to an allowance of 18 cents for each kilometre travelled to or from the court. 9. No payment to prisoners A prisoner of the Crown is not entitled to any payment under these Regulations. 10. Evidence of expenses etc. to be produced A person who is authorised to approve payments authorised by these Regulations must not approve the payment of an amount to a witness under these Regulations unless there is produced to him or her evidence satisfactory to him or her— (a) in the case of regulation 5(2), that as a result of attending at the court the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income producing vocation; or r. 7 -- 5 of 6 -- Victorian Legislation Parliamentary Documents S.R. No. 65/2004 Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004 5 (b) in the case of regulations 5(3) and 7, of the expenditure or cost incurred by the witness; or (c) in the case of regulation 6, that the witness was absent from his or her home by reason of attendance at court at the relevant times; or (d) in the case of regulation 8(1), of the cost of the most economical form of transport. ═══════════════ r. 10 -- 6 of 6 --