Disbursements Scale

The following fees are maximum fees which can only be varied by the Commission in a specific case, (other than the case where a party or the parties have paid into Trust, sufficient moneys to pay for a report charged at an amount higher than that fixed by this Scale), or by a periodic update of the Scale.

FAMILY LAW - ASSESSMENTS & REPORTS	CURRENT (as at 1 November 2011) ($)
If an Independent Children's Lawyer is the only Aided Party
Standard Family Assessment & Report	1,205
Review of Standard Family Assessment & Report	602
Supplementary Standard Family Assessment & Report	602
Complex Family Assessment & Report	1,807
Review of Complex Family Assessment & Report	904
Psychologists undertaking additional work, eg advising children of Court orders – hourly rate	152

If a Party other than the Independent Children's Lawyer is or are Aided (Maximum of 2)
Standard Family Assessment & Report	602
Review of Standard Family Assessment & Report	301
Supplementary Standard Family Assessment & Report	301
Complex Family Assessment & Report	904
Review of Complex Family Assessment & Report	451

Others
Assessment and Report - Psychiatrist	1,092
Treating Specialists Report	Up to 904
Treating General Practitioners Report	Up to 424
Treating Medical/Counsellor's Report	Up to 602
Other Investigators – hourly rate	Up to 74
Parentage Testing Report (standard) Additional parties - per party	791 179
Cancelled appointment – per party (Where an expert sets aside time to interview parties for the purposes of an assessment and the appointment is cancelled with less than 24 hours’ notice)	74

FAMILY LAW - ATTENDANCE AT COURT		CURRENT (as at 1 November 2011) ($)
Less than a full day – hourly rate		179
Full day *		904

CRIMINAL LAW
Assessment & Report (inc. Gaol visit) Psychiatrist Where more than two gaol visits required (additional 2 hours)		Up to 1,092 Up to 1,445
Specialist psychiatric/expert from interstate/overseas, having satisfied ALL general criteria (1-9)		Up to 2,772
Psychologist		Up to 904
Treating Specialist's report (eg Orthopaedic Surgeon, Forensic Immunologist, Psychiatrist, Obstetrics, Surgeon, etc)		Up to 904
Treating General Practitioner's Report		Up to 425
Attendance at Court to give evidence - hourly rate		179
Attendance at Court to give evidence * - full day		904
Specialists Safety Experts- Interview & Report & Technical Investigators- Handwriting experts, I/T forensic analysis		Up to 1,445
Other Investigators, Process Servers etc – hourly rate		74

CIVIL LAW
Same as criminal scale for above categories
Specialist Safety Experts - Interview & Report & Technical Investigators		Up to 1,445
Other Investigators, Process Servers, etc – hourly rate		74

IN NEED OF CARE
Complex Family Assessment & Report involving more than one family		Up to 1,807
Family Assessment & Report (Interaction parents with children)		Up to 1,205
Family Assessment & Report ( Parents only)		Up to 904

GENERAL
Professional witnesses can also claim a fee based on lost income due to absence from Office or Surgery to attend Court to give evidence, based on the above scale. In cases where the expert seeks to claim actual loss of income due to attendance at Court to give evidence, relevant details should be supplied for the Commission's consideration for reimbursement of that loss eg: actual cancellation, loss of a lecturing appointment, postponed surgery, etc.
Lost time – daily rate		904
Attendance at court to give evidence		904
There is therefore a $(1,807) MAXIMUM DAILY CLAIM for professional witnesses in such matters.

Disbursements Scale (from 1^st November 2011)

Explanatory Notes

General

The following general provisions apply to expert expenses. These provisions should be read in conjunction with the specific provisions for fees for expert reports.
When assigned practitioners seek funding for an expert's report, they must ensure that the particular expert will:

Report in accordance with the fees outlined in this Scale, and
Attend Court to give evidence on the fees outlined in this Scale.

They must inform the Commission when seeking aid that the proposed expert has agreed to these requirements.
If the Commission is going to approve an extension of legal assistance to be granted for the engagement of an expert witness and if a South Australian independent resident expert is available, then that expert must ordinarily be engaged.
When an aided person wishes to engage an interstate, or overseas expert, they must demonstrate to the Legal Services Commission that comprehensive enquiries have been made within South Australia, or in the case of the proposed overseas witnesses, within Australia, as to those holding the necessary qualifications and expertise in the relevant field.
If there is no such person available in South Australia, or clearly none that would be either acceptable to the Court in terms of knowledge, qualifications or expertise, or only persons who lack considerable reputation amongst their peers, then the Commission may allow interstate expert to be engaged.
If there is no such person available interstate or clearly none that would be either acceptable to the Court in terms of knowledge, qualifications or expertise, or only persons who lack considerable reputation amongst their peers, then the Commission may allow overseas experts to be engaged.
However, because interstate or overseas witnesses will cost more than local witnesses, especially for travel and accommodation etc, the person seeking to engage an expert from interstate or overseas must satisfy the Commission that the importance or relevance of expert's evidence is such that his, her or their case would be significantly prejudiced if they were restricted to calling a South Australian resident expert, in the case of an interstate witness. This prejudice may be established by reference to a previous similar matter, or some other compelling and cogent factors, which may include an expert's prior extensive involvement in the case.
The Commission must be satisfied that an aided person's case would be so prejudiced because interstate, or overseas, witnesses will inevitably consume more limited legal aid funds, and in most cases, considerably more than local experts. The Commission therefore must have this clear assurance before it risks its funds, in order to satisfy the two well-settled arms of the Commission's Merits Test (ie "the prudent self-funding litigant" and "the proper use of public funds" tests).

TRAVEL, ACCOMMODATION AND SUBSISTENCE EXPENSES

General

Witnesses from Interstate/Overseas

Economy class air fare, plus taxi fare to and from airports.
Car expenses and train fares will normally only be allowed in special circumstances, such as where there is an aversion to air travel, or several witnesses can travel by car together.

Witnesses within South Australia

If public transport is available, economy class air or train fare, plus taxi fare to and from airport.
Car expenses may be paid (at Public Service rates) for professional witnesses and where several witnesses can travel together.
Taxi transport from hotel to court is allowed.

Accommodation & Subsistence

Necessary subsistence and accommodation will be paid strictly in accordance with the schedules issued from time to time by the Commissioner for Public Employment, relating to travel within South Australia, Interstate and Overseas.