South Australian Consolidated Regulations South Australian Consolidated Regulations (1) Subject to this
regulation, the following amounts may be certified by a magistrate or justice
as payable in respect of a witness for the prosecution (including a witness
who attended court but was not called to give evidence):
(a) the
actual amount lost, or the expenses necessarily incurred, by the witness by
reason of his or her absence 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 in attending court,
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 could be certified in accordance with these regulations in
respect of that other person if he or she were a witness for the prosecution.
(2) If—
(a) the
amount lost, or the expenses incurred by the witness exceed the amount
determined in accordance with subregulation (1)(a); or
(b) the
travelling expenses incurred by the witness exceed the amount determined in
accordance with subregulation (1)(b),
the amount certified may include such further amount as the magistrate or
justice thinks just and reasonable in the circumstances.
(3) No amount is to be
certified 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.