Uniform Civil Procedure (Fees) Regulation 2019
sec.22Travelling allowance
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sec.22 Travelling allowance
The amount of the travelling allowance that is to be paid to a relevant person is— the amount actually and properly paid for fares for public transport; or if public transport was not available—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent. The relevant person is not entitled to the payment of a travelling allowance if no expense is incurred by the person in travelling to and from the court. If the relevant person travels to and from the court in a private vehicle with another relevant person, only 1 payment is to be made under subsection (1) (b) for the vehicle. If it is reasonable for the relevant person to travel to and from the court by air, the amount of the travelling allowance that is to be paid is— for a non-professional witness or an interpreter—the amount payable for economy class air travel by the person to and from the court; or for a professional witness or an expert—the amount payable for first class air travel by the person to and from the court. For calculating the travelling allowance, in deciding whether public transport was available, regard is to be had to whether a public transport system operated by which a person could conveniently— travel to the court in reasonable time before the person’s required attendance; and return to the person’s place of employment, practice or residence after the person’s attendance at court. s 22 amd 2023 SL No. 60 s 17 sch 1 (sec.22-ssec.1) The amount of the travelling allowance that is to be paid to a relevant person is— the amount actually and properly paid for fares for public transport; or if public transport was not available—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent. (sec.22-ssec.2) The relevant person is not entitled to the payment of a travelling allowance if no expense is incurred by the person in travelling to and from the court. (sec.22-ssec.3) If the relevant person travels to and from the court in a private vehicle with another relevant person, only 1 payment is to be made under subsection (1) (b) for the vehicle. (sec.22-ssec.4) If it is reasonable for the relevant person to travel to and from the court by air, the amount of the travelling allowance that is to be paid is— for a non-professional witness or an interpreter—the amount payable for economy class air travel by the person to and from the court; or for a professional witness or an expert—the amount payable for first class air travel by the person to and from the court. (sec.22-ssec.5) For calculating the travelling allowance, in deciding whether public transport was available, regard is to be had to whether a public transport system operated by which a person could conveniently— travel to the court in reasonable time before the person’s required attendance; and return to the person’s place of employment, practice or residence after the person’s attendance at court.