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AdministrationChapter 5 Office of the Fair Work OmbudsmanPart 5-2

Office of the Fair Work OmbudsmanDivision 3

Regulation5.11

(c) if public transport is not available and the attendee travels using their private motor vehicle—the amount calculated at the rate of $0.74 per kilometre travelled.

(3) However, the maximum amount payable for the travelling allowance is $2,000.

(4) When deciding whether public transport is or is not available, regard must be had to whether a public transport system is operating by which the attendee could conveniently:

(a) travel to the specified place in a reasonable time before the attendee's required attendance; and

(b) return to the attendee's place of work or residence in a reasonable time after the attendee's attendance at the specified place.

5.11 Accommodation allowance

(1) The attendee is entitled to a payment (an accommodation allowance) towards meeting the expenses that the attendee incurs for accommodation when the attendee is necessarily absent overnight from the attendee's place of residence to attend as required by the FWO notice.

(2) The amount of the accommodation allowance is the amount calculated at the accommodation rate specified in the Taxation Office Determination for the lowest salary range.

(3) The amount must be calculated having regard to:

(a) the time of the latest public transport by which the witness could conveniently travel to the specified place in a reasonable time before the attendee's required attendance; and

(b) the time by which the attendee could conveniently return to the attendee's place of work or residence using the earliest public transport in a reasonable time after the attendee's attendance at the specified place.

5.12 Attendance allowance

(1) The attendee is entitled to a payment (an attendance allowance) towards meeting any loss of earnings that the attendee incurs when the attendee is necessarily absent from the attendee's work to attend as required by the FWO notice.

(2) The amount of the attendance allowance is the amount (the usual pay) that the attendee would otherwise have been entitled to receive for performing his or her normal duties during the attendee's absence from work to attend the specified place.

(3) When claiming the attendance allowance, the attendee must provide evidence that confirms:

(a) the attendee's usual pay; and

(b) that the attendee did not receive the attendee's usual pay for the time when the attendee was necessarily absent from the attendee's work to attend the specified place.

Fair Work Regulations 2009

Compilation date: 11/09/2021

83

Compilation No. 36

Registered: 19/10/2021

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