{"id":"qld:sl-2021-0127","name":"Criminal Practice (Fees and Allowances) Regulation 2021","slug":"criminal-practice-fees-and-allowances-regulation-2021","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"127 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173916,"registerId":"qld-sl-2021-0127-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Criminal Practice (Fees and Allowances) Regulation 2021 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2021.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Fees","content":"### sec.4 Fees\n\nThe fees payable under the Act in relation to a criminal proceeding are stated in schedule 1 .\nA reference in schedule 1 to a rule is a reference to a rule of the Criminal Practice Rules 1999 .\n(sec.4-ssec.1) The fees payable under the Act in relation to a criminal proceeding are stated in schedule 1 .\n(sec.4-ssec.2) A reference in schedule 1 to a rule is a reference to a rule of the Criminal Practice Rules 1999 .","sortOrder":5},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.4A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 4A ins 2022 SL No. 79 s 55\n(sec.4A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.4A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (c) if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards).","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Allowances for particular prosecution witnesses","content":"# Allowances for particular prosecution witnesses","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application of part","content":"### sec.5 Application of part\n\nThis part applies in relation to a prosecution witness who attends court to give evidence in a criminal proceeding, other than a prosecution witness who is—\na police officer; or\na prisoner.\n- (a) a police officer; or\n- (b) a prisoner.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Types of allowances","content":"### sec.6 Types of allowances\n\nA travelling allowance is a payment made towards meeting the expenses the prosecution witness incurs in travelling to and from court.\nA meal allowance is a payment made towards meeting the expenses the prosecution witness incurs for meals if the witness is necessarily absent from the witness’s residence or place of work to attend court.\nAn accommodation allowance is a payment made towards meeting the expenses the prosecution witness incurs for accommodation if the witness is necessarily absent from the witness’s residence overnight to attend court.\nA loss of earnings allowance is a payment made towards meeting the loss of earnings the prosecution witness incurs if the witness is necessarily absent from the witness’s residence or place of work to attend court.\n(sec.6-ssec.1) A travelling allowance is a payment made towards meeting the expenses the prosecution witness incurs in travelling to and from court.\n(sec.6-ssec.2) A meal allowance is a payment made towards meeting the expenses the prosecution witness incurs for meals if the witness is necessarily absent from the witness’s residence or place of work to attend court.\n(sec.6-ssec.3) An accommodation allowance is a payment made towards meeting the expenses the prosecution witness incurs for accommodation if the witness is necessarily absent from the witness’s residence overnight to attend court.\n(sec.6-ssec.4) A loss of earnings allowance is a payment made towards meeting the loss of earnings the prosecution witness incurs if the witness is necessarily absent from the witness’s residence or place of work to attend court.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Entitlement to allowances","content":"### sec.7 Entitlement to allowances\n\nThe prosecution witness is entitled to be paid the following allowances under this section (each a relevant allowance ) for attending court—\na travelling allowance;\na meal allowance under subsection (2) or (3) ;\nan accommodation allowance;\na loss of earnings allowance.\nIf the attendance does not require an overnight absence, the prosecution witness is entitled to a meal allowance for the following meals—\nfor breakfast for the day of the attendance, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.;\nfor lunch for the day of the attendance, if the attendance causes the witness to—\nleave the witness’s residence or place of work before 1.30p.m.; or\nreturn to the witness’s residence or place of work after 1.30p.m.;\nfor dinner for the day of the attendance, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m.\nIf the attendance requires 1 or more overnight absences, the prosecution witness is entitled to a meal allowance for the following meals—\nfor breakfast—\nfor the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.; and\nfor each day following an overnight absence;\nfor lunch—\nfor the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 1.30p.m.; and\nfor each day following an overnight absence, other than the last overnight absence; and\nfor the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 1.30p.m.;\nfor dinner—\nfor each day of an overnight absence; and\nfor the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m.\nFor subsections (2) and (3) , the attendance of the prosecution witness requires an overnight absence if the witness is necessarily absent from the witness’s residence overnight to attend court.\nThe amount of a relevant allowance to which the prosecution witness is entitled under this section is stated in schedule 2 .\nThis section is subject to section 8 .\n(sec.7-ssec.1) The prosecution witness is entitled to be paid the following allowances under this section (each a relevant allowance ) for attending court— a travelling allowance; a meal allowance under subsection (2) or (3) ; an accommodation allowance; a loss of earnings allowance.\n(sec.7-ssec.2) If the attendance does not require an overnight absence, the prosecution witness is entitled to a meal allowance for the following meals— for breakfast for the day of the attendance, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.; for lunch for the day of the attendance, if the attendance causes the witness to— leave the witness’s residence or place of work before 1.30p.m.; or return to the witness’s residence or place of work after 1.30p.m.; for dinner for the day of the attendance, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m.\n(sec.7-ssec.3) If the attendance requires 1 or more overnight absences, the prosecution witness is entitled to a meal allowance for the following meals— for breakfast— for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.; and for each day following an overnight absence; for lunch— for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 1.30p.m.; and for each day following an overnight absence, other than the last overnight absence; and for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 1.30p.m.; for dinner— for each day of an overnight absence; and for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m.\n(sec.7-ssec.4) For subsections (2) and (3) , the attendance of the prosecution witness requires an overnight absence if the witness is necessarily absent from the witness’s residence overnight to attend court.\n(sec.7-ssec.5) The amount of a relevant allowance to which the prosecution witness is entitled under this section is stated in schedule 2 .\n(sec.7-ssec.6) This section is subject to section 8 .\n- (a) a travelling allowance;\n- (b) a meal allowance under subsection (2) or (3) ;\n- (c) an accommodation allowance;\n- (d) a loss of earnings allowance.\n- (a) for breakfast for the day of the attendance, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.;\n- (b) for lunch for the day of the attendance, if the attendance causes the witness to— (i) leave the witness’s residence or place of work before 1.30p.m.; or (ii) return to the witness’s residence or place of work after 1.30p.m.;\n- (i) leave the witness’s residence or place of work before 1.30p.m.; or\n- (ii) return to the witness’s residence or place of work after 1.30p.m.;\n- (c) for dinner for the day of the attendance, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m.\n- (i) leave the witness’s residence or place of work before 1.30p.m.; or\n- (ii) return to the witness’s residence or place of work after 1.30p.m.;\n- (a) for breakfast— (i) for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.; and (ii) for each day following an overnight absence;\n- (i) for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.; and\n- (ii) for each day following an overnight absence;\n- (b) for lunch— (i) for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 1.30p.m.; and (ii) for each day following an overnight absence, other than the last overnight absence; and (iii) for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 1.30p.m.;\n- (i) for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 1.30p.m.; and\n- (ii) for each day following an overnight absence, other than the last overnight absence; and\n- (iii) for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 1.30p.m.;\n- (c) for dinner— (i) for each day of an overnight absence; and (ii) for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m.\n- (i) for each day of an overnight absence; and\n- (ii) for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m.\n- (i) for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.; and\n- (ii) for each day following an overnight absence;\n- (i) for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 1.30p.m.; and\n- (ii) for each day following an overnight absence, other than the last overnight absence; and\n- (iii) for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 1.30p.m.;\n- (i) for each day of an overnight absence; and\n- (ii) for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Restriction on entitlement to allowances","content":"### sec.8 Restriction on entitlement to allowances\n\nIf the prosecution witness is entitled, under an alternative scheme, to be paid an allowance (of any amount) corresponding to a relevant allowance for attending court, the witness is not entitled to be paid the relevant allowance.\nFor subsection (1) , an allowance under an alternative scheme corresponds to a relevant allowance if it is payable towards meeting the same, or a similar, type of expense or loss as the relevant allowance.\nIn this section—\nalternative scheme , in relation to a prosecution witness, means any of the following—\na directive made under the Public Sector Act 2022 ;\nthe engagement of the prosecution witness as a general practitioner government medical officer;\nthe engagement of the prosecution witness by the Commonwealth as an employee, as mentioned in the Public Service Act 1999 (Cwlth) , section 6 ;\nan arrangement between the Commonwealth and the State providing for the payment of an allowance to the prosecution witness;\nif the prosecution witness is an expert witness—an arrangement between the prosecution witness and the prosecution for the witness to be paid to give opinion evidence as an expert witness.\nexpert witness means a witness who is qualified to give opinion evidence as an expert witness in relation to an issue arising in a proceeding.\ns 8 amd 2023 SL No. 60 s 17 sch 1\n(sec.8-ssec.1) If the prosecution witness is entitled, under an alternative scheme, to be paid an allowance (of any amount) corresponding to a relevant allowance for attending court, the witness is not entitled to be paid the relevant allowance.\n(sec.8-ssec.2) For subsection (1) , an allowance under an alternative scheme corresponds to a relevant allowance if it is payable towards meeting the same, or a similar, type of expense or loss as the relevant allowance.\n(sec.8-ssec.3) In this section— alternative scheme , in relation to a prosecution witness, means any of the following— a directive made under the Public Sector Act 2022 ; the engagement of the prosecution witness as a general practitioner government medical officer; the engagement of the prosecution witness by the Commonwealth as an employee, as mentioned in the Public Service Act 1999 (Cwlth) , section 6 ; an arrangement between the Commonwealth and the State providing for the payment of an allowance to the prosecution witness; if the prosecution witness is an expert witness—an arrangement between the prosecution witness and the prosecution for the witness to be paid to give opinion evidence as an expert witness. expert witness means a witness who is qualified to give opinion evidence as an expert witness in relation to an issue arising in a proceeding.\n- (a) a directive made under the Public Sector Act 2022 ;\n- (b) the engagement of the prosecution witness as a general practitioner government medical officer;\n- (c) the engagement of the prosecution witness by the Commonwealth as an employee, as mentioned in the Public Service Act 1999 (Cwlth) , section 6 ;\n- (d) an arrangement between the Commonwealth and the State providing for the payment of an allowance to the prosecution witness;\n- (e) if the prosecution witness is an expert witness—an arrangement between the prosecution witness and the prosecution for the witness to be paid to give opinion evidence as an expert witness.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Reimbursement of other expenses","content":"### sec.9 Reimbursement of other expenses\n\nThis section applies if—\nthe prosecution witness actually and reasonably incurs an expense in attending court; and\nthe expense is not otherwise provided for under this part.\nThe relevant accountable officer may reimburse the prosecution witness for the expense.\nIn this section—\nrelevant accountable officer , in relation to a prosecution witness, means—\nif the prosecution witness is a witness in a proceeding in which the director of public prosecutions is concerned—the accountable officer under the Director of Public Prosecutions Act 1984 , section 32 ; or\notherwise—the accountable officer, under the Financial Accountability Act 2009 , of the department in which the Police Service Administration Act 1990 is administered.\n(sec.9-ssec.1) This section applies if— the prosecution witness actually and reasonably incurs an expense in attending court; and the expense is not otherwise provided for under this part.\n(sec.9-ssec.2) The relevant accountable officer may reimburse the prosecution witness for the expense.\n(sec.9-ssec.3) In this section— relevant accountable officer , in relation to a prosecution witness, means— if the prosecution witness is a witness in a proceeding in which the director of public prosecutions is concerned—the accountable officer under the Director of Public Prosecutions Act 1984 , section 32 ; or otherwise—the accountable officer, under the Financial Accountability Act 2009 , of the department in which the Police Service Administration Act 1990 is administered.\n- (a) the prosecution witness actually and reasonably incurs an expense in attending court; and\n- (b) the expense is not otherwise provided for under this part.\n- (a) if the prosecution witness is a witness in a proceeding in which the director of public prosecutions is concerned—the accountable officer under the Director of Public Prosecutions Act 1984 , section 32 ; or\n- (b) otherwise—the accountable officer, under the Financial Accountability Act 2009 , of the department in which the Police Service Administration Act 1990 is administered.","sortOrder":12},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Definition for part","content":"### sec.10 Definition for part\n\nIn this part—\nexpired regulation means the expired Criminal Practice (Fees) Regulation 2010 .","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Allowance payable to particular prosecution witnesses attending court before commencement","content":"### sec.11 Allowance payable to particular prosecution witnesses attending court before commencement\n\nThis section applies if, immediately before the commencement, a prosecution witness—\nwas entitled to be paid a relevant allowance under the expired regulation, section 5; but\nthe relevant allowance had not been paid.\nPart 3 of this regulation applies in relation to the prosecution witness for the attendance.\n(sec.11-ssec.1) This section applies if, immediately before the commencement, a prosecution witness— was entitled to be paid a relevant allowance under the expired regulation, section 5; but the relevant allowance had not been paid.\n(sec.11-ssec.2) Part 3 of this regulation applies in relation to the prosecution witness for the attendance.\n- (a) was entitled to be paid a relevant allowance under the expired regulation, section 5; but\n- (b) the relevant allowance had not been paid.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"References to expired regulation","content":"### sec.12 References to expired regulation\n\nA reference in a document to the expired regulation may, if the context permits, be taken to be a reference to this regulation.","sortOrder":16}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.4A","severity":"medium","reasoning":"Section 4A(2) provides three rounding tiers: up to $100, $100–$1,000, and $1,000–$5,000. No provision addresses results exceeding $5,000. If a fee unit calculation produces a result above $5,000, there is no legislative instruction on how to round, creating a compliance gap and potential dispute about the correct fee amount.","confidence":0.82,"description":"The rounding provision contains no rule for fees exceeding $5,000, creating a gap in the rounding regime. Any fee calculated above $5,000 has no applicable rounding rule, leaving compliance indeterminate."},{"type":"retroactive_impossibility","section":"sec.11","severity":"medium","reasoning":"Section 11(2) applies Part 3 of the 2021 regulation to witnesses who attended court before commencement under the expired 2010 regulation. This means the quantum of their entitlement is assessed under different (potentially amended) rates than those in force when the entitlement arose. The witness cannot have 'attended court' in reliance on the 2021 schedule rates that did not yet exist, yet those rates now govern payment. This retroactively substitutes a different legal regime for a completed past event.","confidence":0.75,"description":"The transitional provision applies current (potentially higher or lower) allowance rates retrospectively to entitlements that arose under the expired regulation, which may result in witnesses receiving more or less than they were legally entitled to at the time of attendance — an inherent retroactive alteration of vested entitlements."},{"type":"other","section":"sec.7-ssec.2(b)","severity":"low","reasoning":"If a witness leaves before 1:30pm, they get lunch. If they return after 1:30pm, they get lunch. The only scenario where lunch is excluded is one where the witness both departs at or after 1:30pm AND returns at or before 1:30pm — a logical impossibility if departure precedes return. In practice, any witness absent around midday qualifies, making the conjunctive restriction illusory.","confidence":0.78,"description":"The lunch entitlement trigger is effectively universal: a witness is entitled to a lunch allowance if they leave before 1:30pm OR return after 1:30pm. Almost any court attendance spanning midday will satisfy at least one limb, making the condition nearly meaningless as a restriction."},{"type":"other","section":"sec.8-ssec.1","severity":"medium","reasoning":"The phrase 'of any amount' means there is no de minimis threshold. An alternative scheme entitlement of any quantum — even one wholly inadequate to cover actual expenses — bars the statutory allowance entirely. This could leave witnesses significantly out of pocket where an alternative scheme provides a nominal or lesser amount. The provision contains no mechanism to top up the difference.","confidence":0.85,"description":"The restriction on entitlement applies if the witness is entitled to 'an allowance (of any amount)' under an alternative scheme. This means even a trivially nominal alternative entitlement (e.g., $0.01) under a directive completely extinguishes the witness's right to a substantial statutory allowance, regardless of adequacy."},{"type":"other","section":"sec.8-ssec.3(e)","severity":"low","reasoning":"Under sec.8(3)(e), if an expert witness has arranged to be paid by the prosecution for their expert evidence, that arrangement is an 'alternative scheme.' Under sec.8(1), this extinguishes entitlement to travelling, meal, accommodation and loss of earnings allowances. The expert's contractual fee for opinion work may not cover incidental attendance costs. This conflates professional fees for expertise with reimbursement of out-of-pocket attendance expenses.","confidence":0.72,"description":"An expert witness's own contractual arrangement with the prosecution to be paid for giving evidence constitutes an 'alternative scheme' that disentitles them from statutory allowances. This creates a perverse incentive: expert witnesses who negotiate payment are worse off under the regulation than those who do not, potentially discouraging engagement."},{"type":"self_contradicting","section":"sec.7-ssec.3(a)(ii)","severity":"low","reasoning":"Section 7(2)(a) restricts non-overnight breakfast to those departing before 6am. Section 7(3)(a)(ii) grants breakfast for every day following an overnight absence with no time condition. A witness who stays overnight and returns at 10am gets breakfast for the return day; a day witness who departs at 5:59am also gets breakfast. But a day witness departing at 6:01am gets nothing for breakfast. The overnight provision's unconditional breakfast grant creates an inconsistency in the underlying policy rationale.","confidence":0.65,"description":"Under the overnight absence scenario, breakfast is payable for 'each day following an overnight absence' unconditionally — with no departure-time trigger — whereas under the non-overnight scenario, breakfast requires departure before 6am. This creates an inconsistency where witnesses staying overnight are better positioned for breakfast entitlements than day attendees regardless of actual inconvenience."}],"contradictions":[{"severity":"low","section_a":"sec.5","section_b":"sec.8-ssec.3(b)","confidence":0.58,"description":"Section 5 excludes police officers from the allowances regime entirely. However, section 8(3)(b) contemplates a 'general practitioner government medical officer' as a category within an alternative scheme — but does not address the position of non-police government employees who are also excluded under analogous reasoning. More critically, the exclusion of police officers in sec.5 sits in tension with sec.9, which provides reimbursement of 'other expenses' to 'the prosecution witness' without re-stating the sec.5 exclusion, creating ambiguity about whether excluded classes can access sec.9 reimbursement."},{"severity":"low","section_a":"sec.7-ssec.6","section_b":"sec.8-ssec.1","confidence":0.6,"description":"Section 7(6) states section 7 is subject to section 8. Section 8(1) provides that entitlement under an alternative scheme to 'an allowance of any amount' extinguishes entitlement to the relevant allowance. However, section 7(1) frames allowances as entitlements the witness 'is entitled to be paid.' The interaction means a witness may have a statutory entitlement under sec.7 that is simultaneously extinguished by sec.8 — the legislation grants and removes the same right in adjacent provisions, which while technically functional via the subject-to clause, creates a misleading framing of entitlement."},{"severity":"medium","section_a":"sec.11-ssec.1(a)","section_b":"sec.11-ssec.2","confidence":0.7,"description":"Section 11(1)(a) requires that the witness was entitled under the expired regulation, section 5. The expired regulation's section 5 presumably had its own conditions of entitlement. Section 11(2) then applies Part 3 of the current regulation to that attendance. If Part 3 of the current regulation imposes different or additional conditions of entitlement (e.g., different exclusions under sec.8), the witness's pre-existing entitlement may be undermined or altered by the new regime applied retrospectively, creating a contradiction between the preservation of past entitlement in subsection (1) and its potential modification by subsection (2)."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a fees and allowances regulation for criminal practice. The 2022 amendment adding section 4A (rounding rules) and the 2023 amendment updating references to the Public Sector Act 2022 represent technical updates rather than scope expansion. The core purpose remains setting fees for criminal proceedings and witness allowances."},"complexity_factors":["Multiple cross-references to external legislation (Criminal Practice Rules 1999, Acts Interpretation Act 1954, Public Sector Act 2022, Public Service Act 1999, Director of Public Prosecutions Act 1984, Financial Accountability Act 2009, Police Service Administration Act 1990)","Nested conditional logic for meal allowances based on time thresholds (6am, 1:30pm, 6:30pm) and overnight absence status","Complex tiered rounding rules for fee calculations (different rounding intervals for different dollar ranges)","Multiple defined terms including 'alternative scheme', 'expert witness', 'relevant accountable officer', and 'relevant allowance'","Dual payment exclusion rules requiring comparison between this regulation and other government schemes","Transitional provisions dealing with entitlements accrued under the previous 2010 regulation"],"plain_english_summary":"This regulation sets out the fees and allowances payable in Queensland criminal court proceedings.\n\n**What it does:**\n- **Part 2** establishes fees for criminal proceedings (the actual dollar amounts are in Schedule 1, not shown here). It also includes rules for rounding fee calculations to the nearest 5 cents, 10 cents, or dollar depending on the amount.\n- **Part 3** creates a system of allowances (payments) for prosecution witnesses who attend court to give evidence. These witnesses can claim:\n  - **Travelling allowance** – for transport costs to and from court\n  - **Meal allowance** – for food expenses if they're away from home/work during meal times (with specific time thresholds like leaving before 6am for breakfast, or returning after 6:30pm for dinner)\n  - **Accommodation allowance** – if they must stay overnight\n  - **Loss of earnings allowance** – for wages lost by attending court\n\n**Who it affects:**\n- People involved in criminal proceedings who must pay court fees\n- Prosecution witnesses (ordinary citizens called by the prosecution to give evidence), but **not** police officers or prisoners\n- Government officers who process these payments\n\n**Important limits:**\n- Police officers and prisoners cannot claim these allowances\n- If a witness is already getting similar payments from another government scheme (like being a public servant or Commonwealth employee), they can't \"double dip\" – they don't get these allowances too\n- Expert witnesses with private payment arrangements with the prosecution are also excluded\n\n**Why it matters:**\nThis ensures ordinary witnesses aren't financially disadvantaged for helping the justice system. Without these allowances, witnesses might refuse to attend due to travel costs, lost wages, or meal expenses, which could undermine criminal prosecutions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2010 regulation (Criminal Practice (Fees) Regulation 2010) dealt only with fees, as its name suggests. The 2021 replacement expanded scope to explicitly include witness allowances as a standalone part of the regulation, broadening it beyond a pure fees instrument to also function as a witness compensation framework."},"complexity_factors":["Multi-tiered meal allowance rules with different time-trigger thresholds (6am, 1:30pm, 6:30pm) requiring careful day-by-day calculation for multi-day attendances","Fee unit calculation system requiring reference to external Acts Interpretation Act 1954 and tiered rounding rules","Cross-references to multiple external statutes (Public Sector Act 2022, Financial Accountability Act 2009, Director of Public Prosecutions Act 1984, Police Service Administration Act 1990, Public Service Act 1999 Cwlth)","Complex exclusion scheme for 'alternative schemes' with five distinct categories of disqualifying arrangements","Transitional provisions bridging the old 2010 regulation with the new 2021 regulation","Substantive content (fee amounts and allowance rates) contained in unincluded schedules, making the regulation incomplete without those documents"],"plain_english_summary":"This Queensland regulation sets criminal court fees (expressed in fee units) and establishes reimbursement rules for prosecution witnesses (excluding police, prisoners and certain paid experts). It covers travel, meals, accommodation and lost earnings, bars “double‑dipping” where employers or other schemes already pay, and allows other out‑of‑pocket costs at the discretion of a government officer. It replaces the 2010 rules and preserves entitlement to any unpaid allowances under the old regulation."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains the established scheme of prescribed criminal‑practice fees and witness allowances while clarifying calculation (rounding) and payment rules. It narrows who is eligible (excludes police and prisoners), prevents duplicate payments where alternative schemes exist, names accountable officers able to reimburse other reasonable expenses, and preserves unpaid entitlements under the expired regulation (see ss 4, 4A, 5–9, 11–12)."},"complexity_factors":["Cross‑references to other instruments (Criminal Practice Rules 1999; Acts Interpretation Act 1954) that determine precise application (see s 4, s 4A)","Rounding rules with multiple thresholds for fee‑unit calculations (s 4A)","Detailed conditional rules for meal entitlements tied to specific time thresholds and overnight absences (s 7)","Exclusions and overlap rules that remove entitlement where an alternative scheme applies (s 5, s 8)","Discretionary reimbursement by named accountable officers for otherwise unprovided expenses (s 9)","Numeric fees and allowance amounts are held in schedules rather than in the main text (schedules 1 and 2), requiring look‑up","Transitional provisions preserving unpaid entitlements under the expired regulation and permitting read‑through of references (ss 11–12)"],"plain_english_summary":"This regulation prescribes the fees payable in criminal proceedings, how fee‑unit amounts are to be rounded, and the travel, meal, accommodation and loss‑of‑earnings allowances for prosecution witnesses (excluding police and prisoners). It also sets rules preventing duplicate payments where an alternative scheme already covers the same expense, allows specified accountable officers to reimburse other reasonable expenses, and preserves unpaid entitlements under the expired regulation."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-practice-fees-and-allowances-regulation-2021","history":"/api/acts/criminal-practice-fees-and-allowances-regulation-2021/history","analysis":"/api/acts/criminal-practice-fees-and-allowances-regulation-2021/analysis","conflicts":"/api/acts/criminal-practice-fees-and-allowances-regulation-2021/conflicts","importantCases":"/api/acts/criminal-practice-fees-and-allowances-regulation-2021/important-cases","documents":"/api/acts/criminal-practice-fees-and-allowances-regulation-2021/documents"}}