60Fees and allowances

60 Fees and allowances

(1) Subject to subregulation (6), a member of a Court of Inquiry, a person constituting a Court of Inquiry or an assessor assisting a General Court of Inquiry is entitled to receive a fee for each day, or part of a day, on which that person attends the inquiry conducted by the Court, being a fee that the Minister, having regard to the qualifications of the member, person or assessor, as the case may be, and to the nature of the inquiry, considers reasonable. (2) Where a member of a Court of Inquiry, the person constituting a Court of Inquiry or an assessor assisting a General Court of Inquiry is, in order to attend the inquiry conducted by the Court, necessarily absent overnight from the place of residence of that person the person is entitled, subject to subregulation (6), to receive travelling allowance in respect of each day that the person is necessarily absent from the place of residence of that person at the rate of travelling allowance that would be applicable when that day’s absence occurs if that person were an officer of the Navy holding the rank of Commodore visiting a place within Australia, other than the normal place of duty of that person, for the purpose of performing duty in accordance with a direction given by the proper Service authority. (3) Where a person referred to in subregulation (2) is outside Australia during any period in respect of which travelling allowance is payable to that person under that subregulation, the Minister may authorize the payment, in addition to the travelling allowance payable to the person under that subregulation, of a further travelling allowance, at a rate fixed by the Minister, in respect of the period outside Australia. (4) A travelling allowance payable under subregulation (2) or (3) is in addition to the cost of conveyance. (5) Subject to subregulation (6), a witness appearing before a Court of Inquiry is entitled to be paid fees (including expenses) in accordance with the scale of fees payable to witnesses prescribed by the Public Works Committee Regulations. (6) This regulation does not authorize the payment of any fees, allowances or expenses to: (a) a member of a Court of Inquiry or the person constituting a Court of Inquiry who is a judge; (b) a member of the Defence Force who is rendering service; (c) an officer or employee of the Public Service of the Commonwealth or of a Territory of the Commonwealth; or (d) a member of the armed forces of a country other than Australia who is a member of, a lawyer assisting, or a witness appearing before, a Combined Board of Inquiry.

61 Protection of Courts of Inquiry