sec.8Restriction on entitlement to allowances

sec.8 Restriction on entitlement to allowances

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. 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. 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. s 8 amd 2023 SL No. 60 s 17 sch 1 (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. (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. (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.

• (a) a directive made under the Public Sector Act 2022 ;
• (b) the engagement of the prosecution witness as a general practitioner government medical officer;
• (c) the engagement of the prosecution witness by the Commonwealth as an employee, as mentioned in the Public Service Act 1999 (Cwlth) , section 6 ;