38Compensation to witnesses for loss of income

38 Compensation to witnesses for loss of income

(1)  In this section, witness to an inquiry has the same meaning as in section 37 .

(2)  A witness to an inquiry is entitled to receive compensation for loss of income.

(3)  A person who appears before a Commission otherwise than as a witness to an inquiry may apply in writing to the Commission for compensation for loss of income.

(4)  On an application under subsection (3) , the Commission in its discretion may, having regard to such matters as it considers relevant, order that the applicant be paid compensation for loss of income in respect of such periods of time as the Commission by the order specifies.

(5)  Subject to subsection (6) , the amount of any compensation under this section is to be determined by the Commission applying the same rate as is payable for compensation for loss of income under section 430 of the Criminal Code .

(6)  A person who is entitled to or successfully applies for compensation under this section and who suffers a loss of income greater than the amount payable under subsection (5) may apply in writing to the Commission to have the rate of compensation increased.

(7)  On an application under subsection (6) the Commission in its discretion may, having regard to such matters as it considers relevant, order that the applicant be paid compensation for loss of income at such rate greater than that provided for by subsection (5) as the Commission by the order specifies.