Coroners (Fees, Expenses and Allowances) Regulations 2016
In ForceTAS
Jurisdiction
Tasmania
Act Number
37 of 2016
Collection
regulation
Plain English Summary
4/10 complexity
These regulations set the exact fees, travel reimbursements and daily allowances for coronial matters: document copies, transcripts, audio copies, witness fees (including professional/expert rates) and certain coroners’ time and travel. They fix per-page, per-hour and per-kilometre rates, state that listed fees are GST-inclusive, and give the Chief Magistrate limited power to increase some payments (regs 4–6; Schedule 1). They apply to witnesses, coroners appointed under section 10 of the Coroners Act and the agencies that administer payments.
These regulations set out fixed fees, travel rates, meal and accommodation entitlements, and daily rates for witnesses and certain coroners in connection with coronial investigations and inquests, and prescribe fees for copies and audio recordings of coronial material. Mechanically, the instrument:
Prescribes a table of copying fees in Schedule 1 Part 1, expressed in "fee units" for copies of coroner findings, post-mortem reports and other investigation documents, and for transcripts and audio recordings (Regulation 4; Schedule 1 Part 1).
Prescribes witness expenses and allowances in Schedule 1 Part 2, including professional/expert witness appearance fees (set per block of time and per additional hour), daily maxima, travel reimbursement rates (0.23 per kilometre for use of own motor vehicle), and directions that meal and accommodation allowances follow the Tasmanian State Service Award (Regulation 5; Schedule 1 Part 2).
Prescribes expenses and allowances for coroners appointed under s 10 of the Coroners Act 1995 in Schedule 1 Part 3, including time-based engagement rates, a flat fee for investigations that do not lead to inquests, travel reimbursement (same 0.23 per kilometre rate), and meal/accommodation reimbursements capped at the lesser of actual expense or the Tasmanian State Service Award rate (Regulation 6; Schedule 1 Part 3).
Authorises the Chief Magistrate to determine higher expenses or allowances for professional or expert witnesses, and to determine higher expenses or allowances for coroners appointed under s 10, including the amount to be paid (Regulations 5(2) and 6(2)).
States GST treatment for the Part 1 fees as GST inclusive (Regulation 4(b)).
Commences on 28 June 2016 and is administered by the Department of Justice (Regulations 2; final notice).
Current sections
Direct links to the current provisions in Coroners (Fees, Expenses and Allowances) Regulations 2016.
Tasmanian State Service Award means the Tasmanian State Service Award made under the Industrial Relations Act 1984 in respect of State Service employees and State Service officers;
(a) are payable in respect of the matters to which they respectively relate; and
(b) are GST inclusive.
5
Expenses and allowances payable to witnesses
5 Expenses and allowances payable to witnesses
(1) Subject to subregulation (2) , the expenses and allowances specified in Part 2 of Schedule 1 are payable to a witness in respect of the matters to which they respectively relate.
(2) The Chief Magistrate may –
(a) determine that a professional or expert witness is to be paid an expense or allowance greater than the relevant expense or allowance specified in Part 2 of Schedule 1 ; and
(b) determine the amount of the expense or allowance to be so paid to such a professional or expert witness.
6
Expenses and allowances payable to certain coroners
6 Expenses and allowances payable to certain coroners
(1) Subject to subregulation (2) , the expenses and allowances specified in Part 3 of Schedule 1 are payable to a coroner appointed under section 10 of the Act in respect of the matters to which they respectively relate.
(2) The Chief Magistrate may –
(a) determine that a coroner appointed under section 10 of the Act is to be paid an expense or allowance greater than the relevant expense or allowance specified in Part 3 of Schedule 1 ; and
(b) determine the amount of the expense or allowance to be so paid to such a coroner.
SCHEDULE 1 - Fees, Expenses an
SCHEDULE 1 - Fees, Expenses and Allowances
SCHEDULE 1 - Fees, Expenses an SCHEDULE 1 - Fees, Expenses and Allowances
| | | Fee units |
| 1. | Copy of coroner's findings | 1 (per page) |
| 2. | Copy of post-mortem report | 1 (per page) |
| 3. | Copy of any other document relating to an investigation | 1 (per page) |
| 4. | Copy of transcript where transcript not required by direction of the court | 2 (per page) |
| 5. | Copy of transcript where transcript required by direction of the court | 1 (per page) |
| 6. | Copy of audio recording of proceedings | 20 |
Part 2
Expenses and allowances payable to witnesses
Part 2 Expenses and allowances payable to witnesses
| | | $ |
| 1. | Professional or expert witness – | |
| | (a) 4 hours or less | 79.50 |
| | (b) more than 4 hours | 79.50 + 20.60 for each additional hour or part of an hour |
| | (c) maximum payable per day (exclusive of any other expenses or allowances payable) | 158.80 |
| | (d) travelling expenses – | |
| | (i) in own motor vehicle | 0.23 (per kilometre) |
| | (ii) otherwise | Actual expenses incurred |
| 2. | Other witnesses, if employed – | |
| | (a) per day or part of day | 60.00 |
| | (b) travelling – | |
| | (i) in own motor vehicle | 0.23 (per kilometre) |
| | (ii) otherwise | Actual expenses incurred |
| 3. | Meal and accommodation allowances | As set by the Tasmanian State Service Award |
Part 3
Expenses and allowances payable to certain coroners
Part 3 Expenses and allowances payable to certain coroners
| | | $ |
| 1. | For being engaged in, or in connection with, the holding of an inquest – | |
| | (a) 2 hours or less | 36.00 |
| | (b) more than 2 hours | 36.00 + 18.00 for each additional hour or part of an hour |
| 2. | For conducting an investigation to determine whether an inquest should be held, when no inquest is in fact held by the coroner conducting the investigation | 20.00 |
| 3. | For travelling in connection with an investigation – | |
| | (a) in own motor vehicle | 0.23 (per kilometre) |
| | (b) otherwise | Actual expenses incurred |
| 4. | For meals and accommodation when duties require the coroner to be away from home overnight | The lessor of the following: |
| | | (a) actual expenses incurred; or |
| | | (b) the meal and accommodation allowance as set by the Tasmanian State Service Award |
These regulations are administered in the Department of Justice.
Source text
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
These regulations may be cited as the Coroners (Fees, Expenses and Allowances) Regulations 2016 .
2 Commencement
2 Commencement
These regulations take effect on 28 June 2016.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Coroners Act 1995 ;
Chief Magistrate has the same meaning as in the Magistrates Court Act 1987 ;
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;
Tasmanian State Service Award means the Tasmanian State Service Award made under the Industrial Relations Act 1984 in respect of State Service employees and State Service officers;
witness means a witness in an inquest.
4 General fees
4 General fees
The fees specified in Part 1 of Schedule 1 –
(a) are payable in respect of the matters to which they respectively relate; and
(b) are GST inclusive.
5 Expenses and allowances payable to witnesses
5 Expenses and allowances payable to witnesses
(1) Subject to subregulation (2) , the expenses and allowances specified in Part 2 of Schedule 1 are payable to a witness in respect of the matters to which they respectively relate.
The regulations do not, within their text, specify collection mechanisms for fees, the payer(s) responsible for remitting fees, or administrative processes for claims and reimbursements. They also reference several external instruments for definitions and rates (for example the Coroners Act 1995, the Magistrates Court Act 1987, the Commonwealth GST Act 1999, the Vehicle and Traffic Act 1999 and the Tasmanian State Service Award) but do not reproduce those instruments. Where the schedule uses "fee units" the regulations do not define the monetary value of a fee unit within the instrument itself (Schedule 1 Part 1).
Main concepts
The regulations operate through three core schedules that allocate monetary entitlements and fees for distinct categories of service within the coronial system. The central conceptual elements are:
Fee specification versus reimbursement: Part 1 of Schedule 1 sets fees for production of materials (copies, transcripts, audio recordings), presented in fee units, and explicitly notes GST inclusion (Regulation 4). Parts 2 and 3 set reimbursements and daily/ hourly rates payable to people for attendance or duties, and for travel, meals and accommodation (Regulations 5 and 6; Schedule 1 Parts 2 and 3).
Role of the Chief Magistrate as a discretionary uprater: Regulations 5(2) and 6(2) create explicit delegated discretion for the Chief Magistrate to determine higher payments for professional or expert witnesses and for coroners appointed under s 10 of the Act, and to fix amounts where higher payment is determined. That discretion is not constrained by procedural detail in the instrument.
Use of external benchmarks: The Tasmanian State Service Award is the benchmark for meal and accommodation allowances in Part 2 and the cap for Part 3 meal and accommodation entitlements (Schedule 1 Part 2, item 3; Part 3 item 4). The Commonwealth GST Act 1999 is the reference point for the meaning of GST (Regulation 3). Several definitions (Act, Chief Magistrate, motor vehicle) are imported by reference (Regulation 3).
Time-based and per-kilometre metrics: The schedules use time blocks (for example, professional witness rates for 4 hours or less, and incremental hourly rates thereafter; coroners’ rates for 2 hours or less and incremental hours thereafter) and a fixed per kilometre rate of 0.23 when a witness or coroner travels in their own motor vehicle (Schedule 1 Parts 2 and 3).
Distinction between documents and audiovisual material: Schedule 1 Part 1 differentiates between pages of documents and audio recordings, treating audio recordings as a lump-sum fee (20 fee units) rather than a per-page or per-minute charge.
These concepts combine to create a simple tariff structure for common coronial administrative transactions (copies, travel, witness attendance) with limited delegation to the Chief Magistrate to vary amounts upwards for certain classes (professional/expert witnesses and coroners appointed under s 10). The instrument does not create an explicit adjudicative or review process for Chief Magistrate determinations, nor does it set billing, recovery, or remission procedures within its text.
Who it affects
The instrument affects identifiable sets of people and agencies through monetary entitlements and obligations:
Witnesses in inquests: The regulations define "witness" as a witness in an inquest (Regulation 3). Part 2 of Schedule 1 prescribes rates and reimbursements payable to witnesses, distinguishing professional or expert witnesses from other witnesses who are employed. Professional/expert witnesses receive a base fee for up to 4 hours of attendance ($79.50) and an incremental hourly rate thereafter ($20.60 per hour), subject to a daily cap ($158.80); travel at 0.23 per kilometre is payable where the witness uses their own motor vehicle, or actual expenses where otherwise incurred (Schedule 1 Part 2, item 1). Other employed witnesses receive a per day rate ($60.00) and the same travel rules (Schedule 1 Part 2, item 2). Meal and accommodation follow the Tasmanian State Service Award (Schedule 1 Part 2, item 3).
Coroners appointed under s 10 of the Coroners Act 1995: Part 3 sets rates for coroners appointed under section 10 for attendance at inquests, for investigations not leading to inquests, travel reimbursement, and overnight meal/accommodation arrangements. Rates are 36.00 for engagements up to 2 hours, then 36.00 plus $18.00 for each additional hour or part thereof; $20.00 for conducting an investigation where no inquest is held; travel at 0.23 per kilometre in own vehicle; and meal/accommodation reimbursed as the lesser of actual expenses or the Tasmanian State Service Award (Schedule 1 Part 3).
Persons or organisations requesting copies, transcripts or audio recordings: Part 1 prescribes fees in fee units for copies of coroner findings, post-mortem reports, other investigation documents, copies of transcripts (differentiated by whether the transcript was required by court direction) and audio recordings (Schedule 1 Part 1; Regulation 4). The regulations do not expressly name who must pay these fees; they state the fees are "payable in respect of the matters to which they respectively relate" (Regulation 4).
Chief Magistrate and Department of Justice: The Chief Magistrate is given specific authority to increase professional/expert witness and coroner payments (Regulations 5(2) and 6(2)). The regulations are administered by the Department of Justice, which will carry administrative responsibility for implementing the schedule, collection and payment practices, record-keeping and any policy required to operationalise the instrument (final line of the instrument).
Agencies producing coronial records: Any agency or office that supplies copies, transcripts or audio recordings of coronial materials will need to apply the prescribed fee schedule (Schedule 1 Part 1) and account for GST as specified for Part 1 items (Regulation 4).
The instrument does not specify who collects fees, the internal claims process, or whether fees may be remitted or waived. It also does not specify whether fees and allowances are treated as taxable income for recipients; the only GST direction is that the Part 1 copying fees are GST inclusive (Regulation 4(b)). Where the regulations import external definitions or benchmarks (for example, the meaning of "motor vehicle" or the Tasmanian State Service Award), entities and individuals affected must consult those instruments for operational detail.
Key duties and rights
The regulations create monetary rights to payment and give specific decision-making rights to the Chief Magistrate; they do not create traditional primary duties (for example licensing or prohibitions) beyond the requirement to pay and to administer the fees and allowances where applicable. The principal duties and rights arising from the instrument are:
Right to payment for witnesses and coroners: Witnesses in inquests have a statutory right to the expenses and allowances specified in Schedule 1 Part 2 (Regulation 5(1)). Coroners appointed under s 10 of the Act have a right to the expenses and allowances specified in Schedule 1 Part 3 (Regulation 6(1)). The regulation text uses mandatory language ("are payable"), indicating an entitlement to payment for the matters specified.
Right to fixed copying fees: The fees in Schedule 1 Part 1 are payable in respect of the matters to which they relate (Regulation 4(1)(a)); Part 1 fees are specified as GST inclusive (Regulation 4(1)(b)), creating a clear pricing expectation for users seeking copies, transcripts or audio recordings.
Discretionary right to higher payments vested in the Chief Magistrate: The Chief Magistrate may determine that a professional or expert witness or certain coroners are to be paid amounts greater than the schedule and may determine the amount of such payments (Regulations 5(2) and 6(2)). This creates a one-sided upward adjustment power, with no counterpart provision in the regulations requiring published criteria, reasons, or review avenues for such determinations.
Duty to account GST on Part 1 fees: Regulation 4(b) expressly states that the fees in Part 1 are GST inclusive. That is an instruction to treating agencies to account for GST as included within the stated fee amounts for copying material.
Duty to follow external benchmarks for allowances: Meal and accommodation payments for witnesses must be as set by the Tasmanian State Service Award (Schedule 1 Part 2, item 3). For coroners, meal and accommodation entitlements are limited to the lesser of actual expenses or the Award amount (Schedule 1 Part 3, item 4). That imports the procedural and rate-setting apparatus of the Award into the practical administration of these entitlements.
Administrative duty of the Department of Justice: The regulations are administered in the Department of Justice (final line). While the instrument does not prescribe detailed administrative practices, this allocation makes the Department the practical duty-holder for implementation, including payment and collection systems, record-retention, and queries.
The regulations do not set out repayment, recovery, or sanctions mechanisms for non-payment of fees, nor do they provide processes for dispute resolution or internal review of Chief Magistrate determinations. They also do not set out distinct obligations on individuals to substantiate travel, meal or accommodation expenses beyond the schedules’ rates and caps.
Penalties and enforcement
The text of these regulations does not prescribe criminal or civil penalties, nor does it set specific enforcement mechanisms within the instrument itself. There are several relevant points to note from the source:
No penalty provisions in the instrument: The regulations contain no sections imposing fines, offences, or formal enforcement procedures. They specify amounts "are payable" but do not provide remedies that the Crown or a coroner’s office may use to recover unpaid fees within the text of the regulations.
Enforcement likely sits outside this instrument: Because the regulations are limited to specifying fees, allowances and the Chief Magistrate's discretion to increase them, enforcement mechanisms,if any,would need to be found in the Coroners Act 1995, the Magistrates Court Act 1987, or other administrative legislation, or be implemented by the Department of Justice through administrative practice. That is an observation of absence in the source rather than a finding about other instruments.
Administrative implementation by Department of Justice: The final line states the regulations are administered in the Department of Justice, which implies that practical enforcement (payment of witnesses/coroners, charge collection, or internal recovery processes) will be managed administratively by the Department. The instrument itself contains no direction as to how the Department should effect payment or recover sums.
GST compliance obligation limited to Part 1: Regulation 4(b) requires that Part 1 fees are GST inclusive. That creates a tax-accounting compliance obligation for the payer/collector with respect to those fees. The instrument does not specify whether the amounts in Parts 2 and 3 attract GST, or how GST is otherwise to be treated for the allowances and reimbursements listed.
Chief Magistrate discretion without procedural limits: The Chief Magistrate's power to determine higher payments (Regulations 5(2) and 6(2)) has no procedural constraints in the text (for example, no requirement to publish determinations or reasons), which creates an implementation risk where decisions are challenged. The instrument does not provide a statutory appeal or review route specific to those determinations.
In short, the instrument establishes payments and rates without embedding formal enforcement provisions or penalty clauses. Any sanctioning, debt recovery or dispute-resolution processes will need to be located in other instruments or internal procedures maintained by the Department of Justice.
How it interacts with other laws
The regulations explicitly import and reference several other laws and instruments; the operational effect of the regulations therefore depends partly on those external instruments. The direct references in the text are as follows:
Coroners Act 1995: The regulations operate as subordinate law to the Coroners Act 1995, and they refer to coroners appointed under section 10 of that Act for the purpose of Part 3 entitlements (Regulation 6(1); Schedule 1 Part 3). The regulations do not reproduce or alter the substantive provisions of the Coroners Act; they supply financial rates and discretionary powers linked to roles created in that Act.
Magistrates Court Act 1987: The definition of "Chief Magistrate" is taken from the Magistrates Court Act 1987 (Regulation 3). The Chief Magistrate is given delegated authority under these regulations (Regulations 5(2) and 6(2)), so understanding the statutory office and any constraints on exercise of that office requires reference to the Magistrates Court Act 1987.
A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth): The meaning of "GST" is imported from the Commonwealth GST Act (Regulation 3). Regulation 4(b) then uses that imported meaning to declare Part 1 fees GST inclusive. For the proper tax and accounting treatment of other amounts in the schedule, further analysis of the GST Act and related guidance would be necessary, as the regulations only address Part 1 explicitly.
Vehicle and Traffic Act 1999: The meaning of "motor vehicle" is defined by reference to the Vehicle and Traffic Act 1999 (Regulation 3). That term matters because travel reimbursements use the 0.23 per kilometre rate where travel is "in own motor vehicle" (Schedule 1 Parts 2 and 3).
Industrial Relations Act 1984 and the Tasmanian State Service Award: The regulations refer to the Tasmanian State Service Award, made under the Industrial Relations Act 1984, as the benchmark for meal and accommodation allowances for witnesses and as the cap for coroners’ overnight allowances (Regulation 3; Schedule 1 Part 2 item 3; Part 3 item 4). That reference imports whatever rates and rules the Award sets, and any changes to the Award will alter entitlements under these regulations without further amendment to the regulations themselves.
Rules Publication Act 1953: The Schedule notes it is displayed and numbered in accordance with the Rules Publication Act 1953; this is a publishing/formalisation reference rather than a substantive regulatory interaction.
Practical implications of these interactions include:
Need to consult definitions and rates in external instruments: To interpret "motor vehicle", "Chief Magistrate", or the GST status of particular items, administrators and recipients must consult the relevant Acts and the Tasmanian State Service Award.
Accounting and tax treatment not fully specified: Only Part 1 fees are declared GST inclusive. The treatment of Parts 2 and 3 for GST or income tax purposes is not specified and will depend on the recipients’ circumstances and the GST Act. Agencies should reconcile payments against tax rules in the GST Act and advice from Treasury or taxation authorities.
Dynamic linkages to external instruments: Because the regulations rely on external instruments for key terms and rates, changes to those external instruments (for example an amendment to the Award) will alter entitlements under these regulations by operation of the references.
These regulations therefore function as a tariff schedule that is operationally dependent on other statutory instruments for interpretation, administration and tax treatment.
Amendment history
The instrument contains its own short historical record limited to making and commencement details. From the text provided:
Short title and citation: The regulations are cited as the Coroners (Fees, Expenses and Allowances) Regulations 2016 (Regulation 1). The parenthetical reference S.R. 2016-037 appears in the short title line of the source.
Commencement: The regulations take effect on 28 June 2016 (Regulation 2).
Gazette notification: The instrument records that it was notified in the Gazette on 22 June 2016 (closing lines of the schedule).
No subsequent amendments recorded in the text provided: The instrument as supplied contains no sections or notes indicating later amendments, no amending regulations or repeal provisions, and no consolidated amendment history. The Schedule is displayed and numbered in accordance with the Rules Publication Act 1953, but no further amendment chronology is listed.
Where a user requires a complete amendment history they must consult external legislative databases or the Department of Justice records. The instrument itself does not contain retrospective or transitional amendment notes, nor does it indicate any expiry or review dates. The text therefore represents the original 2016 instrument as notified and brought into force on 28 June 2016, without amendments recorded within the provided document.
Litigation history
The regulations do not contain, and the supplied text does not report, any litigation history. There are no cases, appeals, regulatory reviews, or judicial pronouncements recited in the instrument. The schedule and the parent regulations are purely prescriptive as to fees and allowances and do not contain any section describing court challenges, review outcomes, or precedent. Therefore:
The instrument contains no in-text references to litigation under or about these regulations.
No judicial interpretation, challenge to Chief Magistrate determinations, or enforcement litigation is recorded in the supplied material.
If litigation or administrative review has occurred since commencement, that material is not contained in the source provided and must be identified by searching case law databases, Gazette notices, or Department of Justice records.
Because the text gives the Chief Magistrate discretion to set higher payments without specifying procedures or publication requirements, any case law that might exist would likely concern procedural fairness, administrative decision-making standards, or the proper exercise of delegated discretion. None of that material is in the document supplied.
Gotchas
Practitioners and administrators need to be alert to several features and absences in the instrument that can create practical difficulties or misinterpretation risks:
Fee unit value is not defined in this instrument: Schedule 1 Part 1 lists fees in "fee units" (for example, 1 fee unit per page, or 20 fee units for audio recordings) but the regulations do not define the monetary value of a fee unit. The instrument therefore creates a reference to a unit whose value must be located elsewhere. Without that external lookup, the face value of a copy fee cannot be determined from these regulations alone (Schedule 1 Part 1; Regulation 4).
GST treatment is only explicit for Part 1: Regulation 4 requires that Part 1 fees are GST inclusive. The regulations do not state whether the allowances and reimbursements in Parts 2 and 3 attract GST, leaving uncertainty about GST treatment for witness and coroner payments. Administrators should not assume GST inclusion or exclusion for Parts 2 and 3 without further tax advice (Regulation 4; Schedule 1 Parts 2 and 3).
Who pays is not specified: The regulations state fees and payments "are payable" but do not identify the payer or the mechanism for collection or reimbursement. For example, Part 1 fees are payable for copies and transcripts, but the instrument does not say whether the party requesting the copy must pay, or whether fees are charged to another fund. Operational arrangements must therefore be set out by the Department of Justice or local administrative practice (Regulation 4).
Chief Magistrate discretion is wide and procedurally unconstrained: Regulations 5(2) and 6(2) allow the Chief Magistrate to determine higher payments and the amounts to be paid without setting criteria, publication requirements, or review paths in the instrument. That creates implementation risk where recipients seek transparency or challenge determinations.
Audio recordings charged as a lump sum in fee units: Audio recordings are charged at 20 fee units (Schedule 1 Part 1 item 6). Without a per-minute or per-hour basis this can be a high or low charge depending on the fee unit value and recording length; the instrument provides no differentiation for length or format.
Duplicate or oddly formatted headings in the schedule: The printed Schedule in the source displays repeated heading text (SCHEDULE 1 - Fees, Expenses an SCHEDULE 1 - Fees, Expenses and Allowances), which might reflect a publishing artefact. This does not alter substance but could confuse readers referencing the document.
Mixed units and rounding: Time-based rates use hours and "part of an hour" increments (Schedule 1 Parts 2 and 3). Administrators must implement consistent rounding rules for "part of an hour" calculations; the instrument does not specify rounding conventions or minimum billing increments beyond "part of an hour".
Different treatment of witnesses and coroners for meal/accommodation: Witness meal and accommodation are "as set by the Tasmanian State Service Award" while coroners’ overnight entitlements are the lesser of actual expenses or the Award amount (Schedule 1 Part 2 item 3; Part 3 item 4). That asymmetry affects budget forecasts for longer investigations.
No sanctions or recovery mechanisms in the regulations themselves: The absence of collection, remission or penalty provisions means organisations must rely on other statutory or internal administrative tools to recover unpaid fees or to refuse supply of materials where fees are not paid.
These "gotchas" are concrete operational risks or points of ambiguity that arise directly from the text. They point to areas where implementing agencies should prepare protocols, and where users should check external instruments (for example to identify the value of a fee unit and check Award rates).
How to comply
Compliance requires administrative procedures to implement the schedules, to manage Chief Magistrate determinations, and to reconcile tax obligations. Based on the instrument alone, practical compliance steps include:
Identify the monetary value of a fee unit before charging Part 1 fees: Because Schedule 1 Part 1 lists fees in fee units, the first compliance task is to locate the legal instrument that defines the value of a fee unit in Tasmania and apply that value when charging for copies and transcripts. Until that value is confirmed, do not invoice or accept payments based on the fee-unit labels alone (Schedule 1 Part 1; Regulation 4).
Apply GST inclusion for Part 1 invoices: When issuing invoices for copies, transcripts, or audio recordings under Part 1, either show that the price includes GST or separately account for the GST component consistent with Regulation 4(b). Seek taxation advice for the correct ledger treatment (Regulation 4).
Distinguish witnesses into the prescribed classes: For witness payments, classify witnesses as "professional or expert" or "other witnesses, if employed" so the correct rate schedule applies. For professionals/experts apply the base payment for up to 4 hours ($79.50) and then $20.60 for each additional hour or part of an hour, with a daily cap of $158.80; for employed witnesses, apply $60.00 per day (Schedule 1 Part 2).
Apply travel reimbursement rules and require substantiation: For travel in a witness’s or coroner’s own motor vehicle, pay 0.23 per kilometre; where other transport is used, reimburse actual expenses incurred. Require appropriate evidence (odometer readings, receipts, tickets) as part of the claims process so reimbursements can be audited (Schedule 1 Parts 2 and 3).
Implement time-recording and rounding rules for "part of an hour": Because the schedules use "part of an hour" increments, adopt a clear rounding convention (for example, charge on actual charged increments or round up to nearest 15-minute increment) in internal policy so calculations are consistent and defensible. The regulations require payment for "part of an hour" but do not prescribe rounding specifics (Schedule 1 Parts 2 and 3).
Follow the Tasmanian State Service Award for meals and accommodation: For witness meal and accommodation entitlements, apply the Award's current rates and rules. For coroners, reimburse actual expenses but cap payments at the Award amount,ensure receipts are obtained so the "lesser of actual expenses or Award" rule can be applied (Schedule 1 Parts 2 and 3).
Document and publish Chief Magistrate determinations as an administrative best practice: Regulations 5(2) and 6(2) permit the Chief Magistrate to determine higher payments. Although the regulations do not require publication, good administrative practice is to record the criteria and publish determinations or issue guidance so claimants and administrators understand when higher payments will be available and on what basis (Regulations 5(2) and 6(2)).
Maintain clear records and audit trails: Record attendance times (start/stop), kilometres travelled, receipts for actual expenses, and any Chief Magistrate determinations that affect payments. Because the regulations do not specify recovery or dispute mechanisms, clear documentation will be necessary in any internal or external review.
Coordinate with Department of Justice procedures: These regulations are administered by the Department of Justice. Complying entities should align with the Department’s payment, invoicing, and record-keeping mechanisms. If none are published, request formal guidance from the Department on invoicing, submission of claims, and the identity of the payer for Part 1 copying fees (final line of instrument).
Seek tax advice where uncertainty exists: The instrument only clarifies GST inclusion for Part 1 fees. Seek taxation advice on the GST and income tax implications of Parts 2 and 3 payments (for example, whether professional witness fees should include GST or whether reimbursements are taxable income to the recipient) before finalising payment procedures.
Following these steps will operationalise the schedule in a way that reduces ambiguity and provides a defensible administration record. The regulations leave a number of administrative and interpretive details to implementing agencies; those gaps should be closed by written policy aligned to the Department of Justice’s advice and the external instruments referenced in Regulation 3.
Section 6Expenses and allowances payable to certain coroners
(a) determine that a professional or expert witness is to be paid an expense or allowance greater than the relevant expense or allowance specified in Part 2 of Schedule 1 ; and
(b) determine the amount of the expense or allowance to be so paid to such a professional or expert witness.
6 Expenses and allowances payable to certain coroners
6 Expenses and allowances payable to certain coroners
(1) Subject to subregulation (2) , the expenses and allowances specified in Part 3 of Schedule 1 are payable to a coroner appointed under section 10 of the Act in respect of the matters to which they respectively relate.
(2) The Chief Magistrate may –
(a) determine that a coroner appointed under section 10 of the Act is to be paid an expense or allowance greater than the relevant expense or allowance specified in Part 3 of Schedule 1 ; and
(b) determine the amount of the expense or allowance to be so paid to such a coroner.
SCHEDULE 1 - Fees, Expenses an SCHEDULE 1 - Fees, Expenses and Allowances
SCHEDULE 1 - Fees, Expenses an SCHEDULE 1 - Fees, Expenses and Allowances
Regulations 4 , 5 and 6
Part 1 Fees
Part 1 Fees
| | | Fee units |
| 1. | Copy of coroner's findings | 1 (per page) |
| 2. | Copy of post-mortem report | 1 (per page) |
| 3. | Copy of any other document relating to an investigation | 1 (per page) |
| 4. | Copy of transcript where transcript not required by direction of the court | 2 (per page) |
| 5. | Copy of transcript where transcript required by direction of the court | 1 (per page) |
| 6. | Copy of audio recording of proceedings | 20 |
Part 2 Expenses and allowances payable to witnesses
Part 2 Expenses and allowances payable to witnesses
| | | $ |
| 1. | Professional or expert witness – | |
| | (a) 4 hours or less | 79.50 |
| | (b) more than 4 hours | 79.50 + 20.60 for each additional hour or part of an hour |
| | (c) maximum payable per day (exclusive of any other expenses or allowances payable) | 158.80 |
| | (d) travelling expenses – | |
| | (i) in own motor vehicle | 0.23 (per kilometre) |
| | (ii) otherwise | Actual expenses incurred |
| 2. | Other witnesses, if employed – | |
| | (a) per day or part of day | 60.00 |
| | (b) travelling – | |
| | (i) in own motor vehicle | 0.23 (per kilometre) |
| | (ii) otherwise | Actual expenses incurred |
| 3. | Meal and accommodation allowances | As set by the Tasmanian State Service Award |
Part 3 Expenses and allowances payable to certain coroners
Part 3 Expenses and allowances payable to certain coroners
| | | $ |
| 1. | For being engaged in, or in connection with, the holding of an inquest – | |
| | (a) 2 hours or less | 36.00 |
| | (b) more than 2 hours | 36.00 + 18.00 for each additional hour or part of an hour |
| 2. | For conducting an investigation to determine whether an inquest should be held, when no inquest is in fact held by the coroner conducting the investigation | 20.00 |
| 3. | For travelling in connection with an investigation – | |
| | (a) in own motor vehicle | 0.23 (per kilometre) |
| | (b) otherwise | Actual expenses incurred |
| 4. | For meals and accommodation when duties require the coroner to be away from home overnight | The lessor of the following: |
| | | (a) actual expenses incurred; or |
| | | (b) the meal and accommodation allowance as set by the Tasmanian State Service Award |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 June 2016
These regulations are administered in the Department of Justice.