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Ombudsman Regulations (Amendment)

Authoritative Version
  • - F1996B02113
  • No longer in force
SR 1980 No. 348 Regulations as made
These Regulations amend the Ombudsman Regulations.
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR24-Feb-1981
Tabled Senate24-Feb-1981
Gazetted 04 Dec 1980
Date of repeal 09 Aug 2013
Repealed by Prime Minister and Cabinet (Spent and Redundant Instruments) Repeal Regulation 2013

Statutory Rules

1980 No. 348

REGULATIONS UNDER THE OMBUDSMAN ACT 19761

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Ombudsman Act 1976.

          Dated this twenty-seventh day of November 1980.

                                                                                                                           ZELMAN COWEN

                                                                                                                           Governor-General

          By His Excellency’s Command,

 

IAN VINER

Minister of State for Employment and Youth Affairs for and on
behalf of the Prime Minister

_______________

AMENDMENTS OF THE OMBUDSMAN REGULATIONS2

          1.   After regulation 9 of the Ombudsman Regulations the following regulation is inserted:

                Witnesses’ expenses

       “10.   A person required to attend, or appearing, as a witness before the Ombudsman or his delegate, shall, in respect of his attendance, be paid such fees and allowances for expenses as are determined by the Ombudsman or his delegate, as the case may be, in accordance with the scale in Schedule 5.”.

                Schedule 4

          2.   Schedule 4 to the Ombudsman Regulations is amended—

                (a)    by inserting—

“Australian Federal Police

Commissioner of Police”

After—

“Australian Electoral Office

Chief Australian Electoral Officer”;

               (b)    by omitting—

“Commonwealth Police Force

Secretary to the Department of Administrative Services”; and

                (c)    by omitting—

“Police Force of the Australian Capital Territory

Commissioner of Police”.

                Schedule 5

          3.   The Ombudsman Regulations are amended by adding at the end thereof the following Schedule:

                                                   SCHEDULE 5                                Regulation 10

WITNESSES’ ALLOWANCES FOR TRAVELLING AND OTHER EXPENSES

          1.   A witness appearing before the Ombudsman or his delegate to give evidence because of his professional, scientific or other special skill or knowledge shall be paid an amount of not less than $45, or more than $225, for each day on which he so appears.

          2.   A witness, other than a witness referred to in Item 1, appearing before the Ombudsman or his delegate to give evidence shall be paid—

                (a)    if he is remunerated by wages, salary or fees—

                          (i)    an amount equal to the amount of wages, salary or fees lost by him by reason of his so appearing; or

                         (ii)    an amount of $50 for each day on which he so appears,

        whichever is the less; or

               (b)    if he is not so remunerated—an amount of $40 for each day on which he so appears.

          3.   A witness appearing before the Ombudsman or his delegate to give expert evidence shall be paid, in addition to any other amount payable to him under Item 1 or 2, a reasonable amount for qualifying to give that evidence.

          4.   A witness appearing before the Ombudsman or his delegate to give evidence shall be paid a reasonable amount—

                (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

1.       Notified in the Commonwealth of Australia Gazette on 4 December 1980.

2.       Statutory Rules 1977 No. 104 as amended by Statutory Rules 1978 No. 103; 1979 No. 182.