Witness expenses

If you were a witness in a criminal case you can claim loss of income and also expenses incurred if you were a witness for the prosecution.

In Criminal Court

Witness for the defence

You can claim loss of income from the accused person.

Witness for the prosecution

You can make a claim from the Crown for loss of income and incurred expenses.

  • Complete the Statutory Declaration on the back of the Witness Expenses Claim form and return it to the Court where you gave evidence. Remember to include any required supporting documents.

Supporting your claim

Loss of wages/salary
  • You must support your claim for loss of wages/salary by a letter from your employer stating the actual amount deducted from your wage/salary while attending court.
  • The Court will pay the actual loss incurred (for each hour, or part of an hour), up to a maximum of 2.5% of the seasonally adjusted average weekly earnings of a full time adult employee in Tasmania as published by the Australian Bureau of Statistics.
Self employed
  • If you are self-employed, you should support your claim for loss of income by evidence such as a certificate from your accountant.
  • Supply your ABN otherwise withholding tax may be deducted from your payment.
Expert witness
  • If you are called as an expert witness, the Registrar of the Court will review your claim and pay all just and reasonable expenses. The Magistrate will need to declare that you gave expert evidence.

Note:

  • All claims are subject to being verified by the Department of Justice.
  • All payments are taxable. You should declare them in your income tax return.

In Civil Court

If you are a witness in a civil case the parties (not the Court) will be responsible for payment of any expenses that you incur in attending Court.