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—

After—

 (b) by omitting—

 (c) by omitting—

 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.