Childrens Court Rules 2016
sec.96Person to comply with subpoena
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sec.96 Person to comply with subpoena
A person to whom a subpoena is directed must comply with the subpoena. However, the person is not required to comply with a subpoena if the person— is prohibited from giving the evidence or document by a law; or may refuse to give evidence in a proceeding or to produce a stated document or thing under a law. The Child Protection Act , section 191 provides that a person may refuse to give information in a proceeding in particular circumstances. (sec.96-ssec.1) A person to whom a subpoena is directed must comply with the subpoena. (sec.96-ssec.2) However, the person is not required to comply with a subpoena if the person— is prohibited from giving the evidence or document by a law; or may refuse to give evidence in a proceeding or to produce a stated document or thing under a law. The Child Protection Act , section 191 provides that a person may refuse to give information in a proceeding in particular circumstances.
- (a) is prohibited from giving the evidence or document by a law; or
- (b) may refuse to give evidence in a proceeding or to produce a stated document or thing under a law.