Transport Safety Investigation Regulations 2021
43Fees for attending before ATSB
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43 Fees for attending before ATSB
(1) For the purposes of subsection 32(7) of the Act, a person who attends before the ATSB in accordance with a requirement under subsection 32(1) of the Act is entitled to be paid fees and allowances in accordance with this section. (2) If the person is required to attend because of the person’s professional, scientific or other special skill or knowledge, the person is entitled to be paid the following amount of fees: (a) if the person is remunerated in the person’s occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees lost because of the person’s attendance, up to a maximum amount of $1,000 for each day on which wages, salary or fees are lost because of the attendance; (b) in any other case: (i) $500 for each full day of attendance; and (ii) $66.67 for each hour, or part of an hour, of attendance on each day on which the person is not required to attend for the full day, up to a maximum of $500. (3) If the person is required to attend for a reason other than because of the person’s professional, scientific or other special skill or knowledge, the person is entitled to be paid the following amount of fees: (a) if the person is remunerated in the person’s occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees lost because of the person’s attendance, up to a maximum amount of $1,000 for each day on which wages, salary or fees are lost because of the attendance; (b) in any other case: (i) $100 for each full day of attendance; and (ii) $13.33 for each hour, or part of an hour, of attendance on each day on which the person is not required to attend for the full day, up to a maximum of $100. (4) Subject to subsections (5) and (6), the person is also entitled to be paid reasonable allowances for: (a) transport between the person’s usual place of residence and the place where the person attends before the ATSB; and (b) if the person is required to be absent overnight from the person’s usual place of residence—meals and accommodation. (5) For the purposes of paragraph (4)(b), in determining a reasonable allowance for meals and accommodation, the Chief Commissioner must have regard to the rates (if any) determined from time to time for public service employees by the Australian Public Service Commission. (6) A person is entitled to be paid an allowance under subsection (4) only if, before booking the person’s transport and accommodation, the person seeks approval from the Chief Commissioner for the travel to attend before the ATSB.