Document ID: chunk:federal_register_of_legislation:F2023L00759:reg:6
Version: federal_register_of_legislation:F2023L00759
Segment Type: reg
Provision Reference: reg 6
Character Range: 5163–7559

6  Allowance for travel
 (1) A witness appearing at a hearing is entitled to be paid the expenses of travel that the witness needs to undertake in order to appear, up to the maximum travel allowance worked out under subsection (2).
 (2) For the purposes of this section, the maximum travel allowance is the cost of the most economical form of transport that is reasonable, having regard to the following:
 (a) the distance required to be travelled;
 (b) the time spent travelling;
 (c) the forms of transport reasonably available to the witness for the purpose of the travel;
 (d) the directness and practicality of the route;
 (e) the safety of the witness;
 (f) any need to maintain the confidentiality of the hearing;
 (g) any reasonable adjustments that may be required to accommodate the health or disability requirements of the witness.

Application for allowance
 (3) A witness who is entitled to be paid expenses under subsection (1) may apply to the NACC for the payment of the expenses.
 (4) The application must include the following:
 (a) evidence that the travel was or will be undertaken for the purposes of appearing as a witness at the hearing;
 (b) evidence of the expenses incurred or likely to be incurred by the witness;
 (c) evidence as to why a particular mode of transport was or is required;
 (d) evidence of any health or disability requirements, or adjustments required to accommodate those requirements, that affected, or will affect, the cost of the travel.
 (5) The application may be granted by a person (the decision‑maker) who is any of the following:
 (a) the CEO;
 (b) a staff member of the NACC who is an APS employee and:
 (i) an SES employee; or
 (ii) an acting SES employee; or
 (iii) classified as Executive Level 2 or equivalent, or higher; or
 (iv) acting in a position usually occupied by an APS employee who is so classified.
 (6) The decision‑maker may grant the application only if the decision‑maker is satisfied that the application complies with subsection (4).
 (7) If the decision‑maker grants the application, but is not satisfied that the expenses applied for are equal to or less than the maximum travel allowance, the decision‑maker must reduce the amount payable to the witness to the amount of the maximum travel allowance.
 (8) If the application is granted, allowance is payable in accordance with the grant, subject to this instrument.