{"id":"tas:sr-2019-023","name":"Criminal Procedure (Attendance of Witnesses) Regulations 2019","slug":"criminal-procedure-attendance-of-witnesses-regulations-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"23 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184318,"registerId":"tas-tas:sr-2019-023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Criminal Procedure (Attendance of Witnesses) Regulations 2019](/view/html/inforce/2026-04-12/sr-2019-023) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 12 May 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Criminal Procedure (Attendance of Witnesses) Act 1996](/view/html/inforce/2026-04-12/act-1996-013) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notice to be served personally","content":"### 4 Notice to be served personally\n\n> A notice required to be served under the Act must be served personally.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Preliminary notice","content":"### 5 Preliminary notice\n\n> For the purposes of [section 5](/view/html/inforce/2026-04-12/act-1996-013#GS5@EN) of the Act, the prescribed form of a preliminary notice is a form in accordance with [Form 1 in Schedule 1](#JS1@JF1@EN) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Final notice","content":"### 6 Final notice\n\n> For the purposes of [section 10](/view/html/inforce/2026-04-12/act-1996-013#GS10@EN) of the Act, the prescribed form of a final notice is a form in accordance with [Form 2 in Schedule 1](#JS1@JF2@EN) .","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Expenses of witnesses","content":"### 7 Expenses of witnesses\n\n> > (1)  For the purposes of [section 17](/view/html/inforce/2026-04-12/act-1996-013#GS17@EN) of the Act, the following is the prescribed scale:\n> > \n> > | Item | Matter | Prescribed scale |\n> > | 1. | For meals, travelling and accommodation | the same rate and on the same terms as is prescribed from time to time for the equivalent allowance in clause 3 of Part IV of the Tasmanian State Service Award made by the Tasmanian Industrial Commission |\n> > | 2. | For loss of salary, wages or income resulting from a person's attendance at the Court, if the person is not an expert witness (for each hour, or part of an hour) | the actual loss incurred, up to a maximum of 2.5% of the seasonally adjusted average weekly total earnings of a full-time adult employee in Tasmania, as published by the Australian Bureau of Statistics in the most recent issue of Catalogue Number 6302.0 |\n> > | 3. | For loss of salary, wages or income resulting from a person's attendance at the Court, if the person is an expert witness – |  |\n> > |  | (a) if there is a professional body governing the professional discipline, in relation to which the expert witness has attended the Court, and that body applies a rate according to a scale applicable to that discipline | that rate or scale |\n> > |  | (b) if there is no such scale | up to the actual loss of salary, wages or income incurred by the person as a result of the person's attendance at the Court as an expert witness |\n> \n> > (2)  Compensation for loss of salary, wages or income is not payable unless the person incurs an actual loss of salary, wages or income as a result of attending Court.","sortOrder":6},{"sectionNumber":"SCHEDULE 1 - Forms","sectionType":"part","heading":"SCHEDULE 1 - Forms","content":"# SCHEDULE 1 - Forms SCHEDULE 1 - Forms\n\n[Regulations 5](#GS5@EN) and [6](#GS6@EN)","sortOrder":7},{"sectionNumber":"Form 1","sectionType":"division","heading":"Form 1","content":"## Form 1 Form 1\n\n[![graphic image](/image/crimpaw19f11.gif)](/image/crimpaw19f11.gif)\n\n[![graphic image](/image/crimpaw19f12.gif)](/image/crimpaw19f12.gif)","sortOrder":8},{"sectionNumber":"Form 2","sectionType":"division","heading":"Form 2","content":"## Form 2 Form 2\n\n[![graphic image](/image/crimpaw19f21.gif)](/image/crimpaw19f21.gif)\n\n[![graphic image](/image/crimpaw19f22.gif)](/image/crimpaw19f22.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 8 May 2019\n\nThese regulations are administered in the Department of Justice.","sortOrder":9}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations implement procedural and payment details under the Act (service method, prescribed forms, and expense scales). They do not purport to expand or narrow the Act's substantive scope but provide operational rules and external rate linkages that administrators must follow (regs 4–7, Sch 1)."},"complexity_factors":["Personal service requirement creates procedural burden for servers and courts (reg 4).","Prescribed forms for preliminary and final notices simplify uniformity but require adherence to Schedule 1 (regs 5–6, Sch 1).","Expense scale refers to external, changing sources: Tasmanian State Service Award rates and ABS Catalogue 6302.0 average weekly earnings, requiring periodic cross-checking for current rates (reg 7(1) items 1–2).","Different treatment for expert witnesses depends on whether a professional body applies a scale, introducing verification and possible variation (reg 7(1) item 3).","Compensation conditional on actual loss requires documentation and assessment of loss, creating an evidentiary compliance burden (reg 7(2)).","Regulations mostly implement the Act rather than create new substantive offences or rights, so legal complexity is low but administrative and updating complexity is moderate."],"plain_english_summary":"These regulations set the practical rules for serving witness notices and reimbursing witnesses under the Criminal Procedure (Attendance of Witnesses) Act 1996. They require personal service, prescribe standard preliminary and final notice forms, and establish how witness expenses and loss of earnings are calculated and paid, linking allowances to the Tasmanian State Service Award, ABS average earnings or professional scales; reimbursement is payable only for actual loss."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available content, there is no indication that the scope of these regulations has changed from their original intent. They appear to remain focused narrowly on the procedural requirements for witness attendance in Tasmanian criminal proceedings, consistent with their title and the enabling legislation framework. No amendments affecting scope are evident from the metadata provided."},"complexity_factors":["The document as provided contains almost no substantive legislative content — only metadata, versioning information, and administrative details, making meaningful analysis very limited","Procedural regulations of this type are generally straightforward in scope and language","Regulations of this kind typically cross-reference a parent Act (likely the Criminal Procedure Act 2017 (Tas)), which adds a small layer of complexity for those needing to read both documents together","Limited to a single jurisdiction (Tasmania), reducing interstate complexity"],"plain_english_summary":"These Tasmanian regulations set out the procedures for compelling witnesses to attend criminal proceedings — how subpoenas are issued, served and enforced. They govern the formal steps police, court staff and lawyers must follow when summoning witnesses.\n\nThey matter to anyone served with a witness summons because attendance is a legal obligation and non‑compliance can carry serious consequences; the rules also protect witnesses by ensuring proper procedure is followed."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for witness attendance procedures. They cover service methods, prescribed forms, and expense scales — exactly what subsidiary legislation should address under the parent Act. No scope creep detected."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","Straightforward procedural rules with minimal conditional logic","Simple cross-references limited to specific sections of the parent Act","Single nested condition in regulation 7(1)(3) regarding expert witness rates","No exceptions to exceptions or complex temporal provisions","Length: 7 substantive regulations plus schedule with 2 forms","Payment calculations reference external documents (Tasmanian State Service Award and ABS statistics) but in a direct, mechanical way"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical details for how witnesses are summoned to appear in Tasmanian criminal courts under the *Criminal Procedure (Attendance of Witnesses) Act 1996*.\n\n**Key things it covers:**\n\n* **How notices must be delivered:** Any notice requiring someone to attend court must be served **personally** — meaning handed directly to the person, not just posted or emailed.\n\n* **The forms to use:** It prescribes the exact forms for two types of notices:\n  * **Preliminary notice** (Form 1): The first formal request asking someone to come to court\n  * **Final notice** (Form 2): A stronger, follow-up notice if the person didn't respond to the first one\n\n* **Witness expenses:** It sets the rates for paying witnesses back for costs they incur when attending court:\n  * **Meals, travel and accommodation:** Same rates as Tasmanian government employees get\n  * **Lost wages (ordinary witnesses):** Actual lost income, capped at 2.5% of Tasmania's average weekly earnings per hour\n  * **Lost wages (expert witnesses):** Either their professional body's standard rate, or actual lost income if there's no standard rate\n  * **Important catch:** You only get paid for lost wages if you actually lost money — no payment if you got paid leave or your employer covered you\n\n**Who it affects:**\n\n* Anyone summoned as a witness in Tasmanian criminal proceedings\n* Court staff who issue notices\n* Lawyers organising witness attendance\n* Expert witnesses (who get different payment rules)\n\n**Why it matters:**\n\nThese rules ensure witnesses know exactly when and where they must attend, guarantees they receive notices properly, and establishes fair compensation so people aren't financially punished for participating in the justice system. Without clear expense rules, some witnesses — especially low-income workers or self-employed people — might refuse to attend due to financial hardship."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-procedure-attendance-of-witnesses-regulations-2019","history":"/api/acts/criminal-procedure-attendance-of-witnesses-regulations-2019/history","analysis":"/api/acts/criminal-procedure-attendance-of-witnesses-regulations-2019/analysis","conflicts":"/api/acts/criminal-procedure-attendance-of-witnesses-regulations-2019/conflicts","importantCases":"/api/acts/criminal-procedure-attendance-of-witnesses-regulations-2019/important-cases","documents":"/api/acts/criminal-procedure-attendance-of-witnesses-regulations-2019/documents"}}