South Australian Numbered Regulations South Australian Numbered Regulations (1) Pursuant to
section 297 of the Act, the Sheriff may authorise a witness for the
prosecution in respect of proceedings under the Act to be paid any or all of
the following amounts:
(a) the
actual amount lost, or the expenses necessarily incurred, by the witness by
reason of the absence of the witness from home or business for the purpose of
attending court, or $100 per day, whichever is the lesser;
(b) an
allowance for the travelling expenses of the witness, calculated on the basis
of travel by public transport to and from court or, if the use of public
transport by the witness is not reasonably practicable, $0.20 per kilometre
necessarily travelled to and from court;
(c) if
the witness is necessarily absent from home overnight—the accommodation
and meal expenses reasonably incurred by the witness;
(d) if
the witness is necessarily accompanied by another person—an amount equal
to that which would be paid under this regulation in respect of that other
person if he or she were a witness for the prosecution.
(2) If, on the basis
of information provided by the witness, the Sheriff is satisfied—
(a) that
the amount lost, or the expenses incurred, by the witness exceed the amount
determined under subregulation (1)(a); or
(b) that
the travelling expenses incurred by the witness exceed the amount determined
under subregulation (1)(b),
the amount to be paid to the witness may include such further amount as the
Sheriff thinks fair and reasonable in the circumstances.
(3) A claim for
witness fees or expenses must be verified by a declaration in writing signed
by the witness.
(4) No amount is to be
paid in respect of a witness who is an officer or employee of the State or
Commonwealth (including a police officer but excluding an officer or employee
who is on leave during the period of attendance at court).