Witnesses and Interpreters Fees Regulations 1974

Schedule Scale of payments to witnesses and interpreters

rr 5, 6

Schedule: replaced, on 1 August 1988, by regulation 2(1) of the Witnesses and Interpreters Fees Regulations 1974, Amendment No 5 (SR 1988/147).

A

Fees

1(1)

To a witness attending to give evidence strictly as an expert, for every day when required to be absent from his or her usual place of business or residence,—

(a)

for a period that does not exceed 1 hour, a fee of not less than $16.50 but not more than $68:

(b)

for a period that exceeds 1 hour but does not exceed 5 hours, the fee prescribed by paragraph (a) plus a fee of not less than $9.50 but not more than $48 for each additional hour:

(c)

for a period that exceeds 5 hours, a fee of not less than $68 but not more than $305.

(2)

In addition to the fees prescribed by subclause (1), there may be paid to an expert witness a qualifying fee for any analysis, preparation of maps, plans, or reports, or other work necessarily undertaken in preparation of evidence, being such sum as the court or paying officer considers fair and reasonable, but not exceeding $33 for the first hour engaged or $24.50 for every subsequent hour engaged.

2

For an interpreter attending to provide an oral translation into English from any other language or from English into any other language, the fee payable for each day on which the interpreter is required to be absent from his or her usual place of residence or business shall be computed at the rate of $25 for each hour or part of an hour:

provided that the fee in respect of any day shall be not less than $75 nor more than $175.

Schedule clause 2: amended, on 1 July 1996, by regulation 2(a) of the Witnesses and Interpreters Fees Regulations 1974, Amendment No 6 (SR 1996/140).

Schedule clause 2 proviso: amended, on 1 July 1996, by regulation 2(b) of the Witnesses and Interpreters Fees Regulations 1974, Amendment No 6 (SR 1996/140).

Schedule clause 2 proviso: amended, on 1 July 1996, by regulation 2(c) of the Witnesses and Interpreters Fees Regulations 1974, Amendment No 6 (SR 1996/140).

3

To any other witness, not being a school child or a child under school age,—

($)
(a)

For every day when required to be absent from the witness’s usual place of residence or business for a period not exceeding 3 hours

provided that the fee prescribed by paragraph (b) may be allowed in any case where the court or paying officer is satisfied that the witness, because of attendance at the courthouse, will be absent from his or her work for a full day:

25
(b)

For every day on which attendance is required for a period exceeding 3 hours

50

Schedule clause 3(a): amended, on 1 July 1996, by regulation 3(a) of the Witnesses and Interpreters Fees Regulations 1974, Amendment No 6 (SR 1996/140).

Schedule clause 3(b): amended, on 1 July 1996, by regulation 3(b) of the Witnesses and Interpreters Fees Regulations 1974, Amendment No 6 (SR 1996/140).

4

Notwithstanding the provisions of clause 1(1), clause 2, and clause 3, if the court or paying officer is satisfied that the witness or interpreter will suffer a loss of earnings as a result of travelling between his or her usual place of residence or business and the courthouse for the purpose of giving evidence, the court or paying officer may allow the appropriate fee under those provisions as if that witness or interpreter was in attendance at the courthouse during the time when the witness or interpreter was so travelling.

5

For a written translation of any document into English from any other language or from English into any other language, the fee payable to the interpreter shall be such fee as the court or paying officer thinks just and reasonable.

B

Allowances

6

To any witness or interpreter who is necessarily absent overnight from his or her usual place of residence—

($)
(a)

Where the total period of absence does not exceed 24 hours

55.50
(b)

Where the total period of absence exceeds 24 hours, for each 6 hours or part thereof

13.00
7

Where a witness or interpreter is not necessarily absent overnight, the following meal allowances may be paid:

($)
(a)

To a witness who is not entitled to fees under any of the provisions of clauses 1 to 4:

For every day when the witness is able to return to his or her usual place of residence before 7 pm

4.50

For every day when the witness is not able to return to his or her usual place of residence before 7 pm

7.00
(b)

To a witness or an interpreter who is entitled to fees under any of the provisions of clauses 1 to 4, for every day when the witness or interpreter is not able to return to his or her usual place of residence before 7 pm

7.00

C

Travelling expenses

8

Travelling expenses shall be as follows:

(a)

the cost of travelling by such mode and class of public transport as the court or paying officer considers reasonable having regard to the distance travelled, the age and health of the witness or interpreter, and any other relevant circumstances:

provided that air fares shall not be allowed unless the court or paying officer is satisfied that any extra expense occasioned by the use of air transport is justified in all the circumstances:

(b)

where no public conveyance is available, and the distance travelled exceeds 3 kilometres one way, an allowance at the rate of $0.38 a kilometre:

provided that, in special circumstances, the court or paying officer may allow the cost of travelling by small passenger service vehicle:

(c)

in any case where a public conveyance is available, an allowance at the rate of $0.38 a kilometre may be paid to any witness or interpreter using his or her own motor vehicle, or a vehicle hired for his or her personal use, if the total amount of fees, allowances, and expenses payable to that witness or interpreter and any other witnesses or interpreters travelling with that witness or interpreter is not more than the total amount that would have been payable if that witness or interpreter or those witnesses or interpreters had travelled by public conveyance:

(d)

a medical practitioner using his or her own motor vehicle or a motor vehicle hired for his or her personal use, whether a public conveyance is available or not, may be paid an allowance at the rate of $0.38 a kilometre.

Schedule clause (8)(b) proviso: amended, on 1 October 2017, by section 110(8) of the Land Transport Amendment Act 2017 (2017 No 34).

P G Millen,
Clerk of the Executive Council.