123Fees and allowances for persons required to attend before Investigators

123 Fees and allowances for persons required to attend before Investigators

(1) For the purposes of subsection 91(7) of the Act, this section prescribes the fees and allowances that a person who attends before an Investigator is entitled to be paid. (2) The fee payable to a person required to attend before an Investigator is: (a) if the person is required to attend because of the person’s professional, scientific or other special skill or knowledge and the person is remunerated in that occupation by wages, salary or fees—the amount of wages, salary or fees that are not paid to the person because the person attends before the Investigator; or (b) otherwise—a reasonable amount for each day, or part of a day, on which the person attends before the Investigator.

Note: If:

(a) a person is required to attend before the Investigator because of the person’s professional, scientific or other special skill or knowledge; and
(b) the person is not currently remunerated;

Note: the amount of the fee that the person is entitled to be paid under paragraph (2)(b) may be higher than the amount of the fee that a person who is required to attend otherwise than because of the person’s professional, scientific or other special skill or knowledge is entitled to be paid.

(3) The allowances payable to a person required to attend before an Investigator are: (a) a reasonable amount for travel between the person’s usual place of employment or residence and the place where the person attends before the Investigator; and (b) if the person is required to be absent overnight from the person’s usual place of residence—a reasonable amount for meals and accommodation. (4) The Investigator must decide the amount of a payment under paragraph (2)(b), (3)(a) or (3)(b). (5) Applications may be made to the Administrative Appeals Tribunal for review of decisions of an Investigator under subsection (4).