4Previous representation notice—the Act, s 67(2)

4 Previous representation notice—the Act, s 67(2)

4 Previous representation notice—the Act, s 67(2)

(1) A previous representation notice must state the following—

(a) the substance of the evidence of the previous representation that the notifying party intends to adduce,

(b) to the best of the notifying party’s knowledge, the substance of all other relevant representations made by the person who made the previous representation,

(c) to the best of the notifying party’s knowledge—

(i) the date, time and place at which each representation was made, and

(ii) particulars of the circumstances in which each representation was made, and

(iii) the name of the person who made the representations, and

(iv) the names of the persons to whom each representation was made, and

(v) in civil proceedings—the address of each person named in the notice,

(d) if the notifying party intends to rely on the Act, section 63(2) or 65(2), (3) or (8)—particulars of the facts the party intends to rely on to establish that the person who made the representations is not available to give evidence,

(e) if the notifying party intends to rely on the Act, section 64(2)—particulars of the facts the party intends to rely on to establish that calling the person who made the representations to give evidence would—

(i) cause undue expense or undue delay, or

(ii) not be reasonably practicable.

(2) If the previous representation was made in writing—

(a) a copy of the document containing the representation must be attached to the notice, and

(b) the notice must identify the document unless the identity of the document is apparent from the copy of the document.

(3) A previous representation notice is taken to comply with subsection (1)(a) if the representation is clearly identified in a document attached to the notice.

(4) On application by a party in criminal proceedings, the court may make an order on terms the court thinks appropriate directing the notifying party to disclose the address of a person named in a previous representation notice.