Notice to witnessNotice to witness

Schedule 1 Forms (regulation 4) Form 1 (section 16) Service and Execution of Process Act 1992 ## Notice to defendant1 ## Please read this notice and the attached document very carefully ## If you have any trouble understanding them you should get legal advice as soon as possible Attached to this notice is a \[name of process\] (“the attached process”) issued out of the \[issuing court\] Service of the attached process outside \[State or Territory of issue\] is authorised by the Service and Execution of Process Act 1992. ## Your rights If a court of a State or Territory other than \[State or Territory of issue\] is the appropriate court to determine the claim against you set out in the attached process, you may be able to: 2have the proceeding stayed by applying to the \[issuing court\]. 3apply to the Supreme Court in \[State or Territory of issue\] to have the proceeding transferred to another Supreme Court, or another superior court. If you think the proceeding should be stayed or transferred you should get legal advice as soon as possible. ## Contesting this claim If you want to contest this claim, you must take any action set out in the attached process as being necessary to contest the claim. 4If you want to contest this claim, you must also file an appearance5 in the \[issuing court\]. You have only 216 days after receiving the attached process to do so. The appearance5 must contain 7an address in Australia where documents can be left for you or sent to you. 8your address. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ > Note: 1If the person to be served is not described in the process as a “defendant” substitute the correct description. > Note: 2Omit if the court of issue is a Supreme Court. > Note: 3Omit if court of issue is not a Supreme Court. > Note: 4If the defendant need not enter an appearance (as defined in section 14 of the Act) in order to contest the claim, omit this paragraph and the remainder of the form. > Note: 5If the document that must be filed is not called an appearance, substitute the correct name. > Note: 6If the issuing court has allowed a shorter period than 21 days for filing an appearance, substitute that shorter period and disregard the next paragraph. > Note: If the law of the State or Territory of issue would allow a longer period than 21 days for filing an appearance in the case of service within the State or Territory, substitute that longer period. If that law would allow different periods for service within the State or Territory, depending on the place of service, and at least one of those periods would be longer than 21 days, substitute the longest of those periods. > Note: NB: This note is a summary, for guidance only, of subsections 17 (1) and (1A) of the Act. The applicable period under those provisions must be stated. > Note: 7Omit if appearance is not required to set out an address for service. > Note: 8Omit if appearance is required to set out an address for service. Form 2 (section 31) Service and Execution of Process Act 1992 ## Notice to witness ## This notice is very important ## Please read it and the attached document or documents very carefully ## If you have any trouble understanding them you should get legal advice as soon as possible Attached to this notice is a subpoena1 (“the attached subpoena”) that is a subpoena for the purposes of Part 3 of the Service and Execution of Process Act 1992 issued by the \[name of the issuing court or authority\]. Service of the attached subpoena outside \[State or Territory of issue\] is authorised by that Act. ## Your rights You may be able to apply to a court or authority to set aside or obtain other relief in respect of the attached subpoena. If you would like to make an application you should get legal advice as soon as possible. Your obligations You must obey the attached subpoena if: (a) at the time of service or at some reasonable time before \[date for compliance\] you were offered or given either: (i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or (ii) a combination of money, travel tickets and vouchers to meet those expenses; and (b) either: (i) you received the attached subpoena at least 142 days before \[date for compliance\]; or (ii) you received the attached subpoena less than 142 days before \[date for compliance\] and you received with the attached subpoena a copy of an order made by \[issuing court or authority\] permitting the attached subpoena to be served less than 142 days before \[date for compliance\]. If the attached subpoena only requires production of documents or things, you may comply with the attached subpoena by delivering the documents or things at least 24 hours before \[date for compliance\] to the Registrar3 of \[issuing court or the court to which the issuing authority belongs\]. ## This is most important If you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection. The restriction on you could be imposed as: (a) conditions of bail; or (b) conditional release from prison; or (c) conditions of probation; or (d) home or periodic detention; or (e) a community service order, community based order, attendance order or work and development order; or (f) some other restriction on your movements imposed by law or by order of a court. If you are under a restriction of this kind, you must, as soon as practicable after you receive the attached subpoena, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically, your supervisor is the police officer or correction service officer you report to. If you are not on bail, or if you are on bail but are not required to report periodically, your supervisor is the person who supervises your compliance with an order or restriction. Also, you must, as soon as practicable, inform: the \[issuing court or authority\] 4and \[person at whose request the subpoena was issued\]; of the restriction to which you are subject. You must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena. If the restriction is not varied, you must inform: the \[issuing court or authority\] 4and \[person at whose request the subpoena was issued\] either (a) of the steps you took to have the restriction or obligation varied, and that the restriction or obligation has not been varied; or (b) that the law does not permit that variation, whichever is the case. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ > Note: 1If the process to be served is not called a subpoena, substitute the name of the process for the word “subpoena”. > Note: 2If the law of the State or Territory requires a longer period than 14 days from the service of a subpoena until the return date, substitute that period. > Note: 3Or “Clerk”, as appropriate. > Note: 4Omit if the subpoena was not issued at the request of a person. Form 3 (section 41) Service and Execution of Process Act 1992 ## Notice to witness ## This notice is very important ## Please read it and the attached document or documents very carefully ## If you have any trouble understanding them you should ask to receive legal advice as soon as possible Attached to this notice is a subpoena1 (“the attached subpoena”) that is a subpoena for the purposes of Part 3 of the Service and Execution of Process Act 1992 issued by the \[issuing court or authority\]. Service of the attached subpoena outside \[State or Territory of issue\] is authorised by that Act. An order, called an order for production, based on the attached subpoena has been served on the person in charge of the institution or place in which you are held. Under this order you will be taken to \[name and location of the court, authority or person before which compliance is required\], unless you are released before \[date for compliance\]. A copy of the order for production is required to be served on you by the person in charge of the institution or place in which you are held. ## Your rights The person in charge of the institution or place in which you are held must provide any assistance that you reasonably require to: (a) apply to set aside or obtain other relief from the attached subpoena; or (b) apply to set aside or vary the order for production relating to the attached subpoena; or (c) obtain legal advice. You may be able to apply to a court or authority to set aside or obtain other relief in respect of the attached subpoena or the order for production. If you would like to make an application you should ask for assistance to obtain legal advice as soon as possible. If you make an application of this kind, you must, within 24 hours, give a copy to the person in charge of the institution or place in which you are held. You will only be able to apply for the order for production to be varied or set aside if complying with it would have a substantial detrimental effect on your health or safety. If the person in charge of the institution or place in which you are held makes an application to set aside or vary the order for production, you must be given a copy of that application within 24 hours of its being made. ## Your obligations on release from custody If you are released from the institution or place where you are held before \[date for compliance\], you must obey the attached subpoena yourself if: (a) there is sufficient time between when you are released and \[date for compliance\] for it to be reasonably practicable for you to comply with the attached subpoena; and (b) a copy of the order for production was served on you with the attached subpoena; and (c) within a reasonable time after you were released you were offered or given: (i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or (ii) a combination of money, travel tickets and vouchers to meet those expenses. ## This is most important If, after your release, you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection. The restriction on you could be imposed as: (a) conditions of bail; or (b) conditional release from prison; or (c) conditions of probation; or (d) home or periodic detention; or (e) a community service order, community based order, attendance order or work and development order; or (f) some other restriction on your movements imposed by law or by order of a court. If you are under a restriction of that kind, you must, as soon as practicable after you are released, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically, your supervisor is the police officer or correction service officer you report to. If you are not on bail, or if you are on bail but are not required to report periodically, your supervisor is the person who supervises your compliance with an order or restriction. Also, you must, as soon as practicable, inform: the \[issuing court or authority\] 2and \[person at whose request the subpoena was issued\]; of the restriction to which you are subject. You must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena. If the restriction is not varied, you must inform: the \[name of issuing court or authority\] 2and \[name of the person at whose request the subpoena was issued\]; of the restriction to which you are subject, and: (a) of the steps you took to have the restriction varied, and that the restriction has not been varied; or (b) that the law does not permit that variation; whichever is the case. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ > Note: 1If the process to be served is not called a subpoena, substitute the name of the process for the word “subpoena”. > Note: 2Omit if the subpoena was not issued at the request of a person. Form 4 (section 51) Service and Execution of Process Act 1992 ## Notice to respondent ## You should read this notice and the attached document very carefully ## If you have any trouble understanding them you should get legal advice as soon as possible Attached to this notice is a \[name of process\] (“the attached process”) issued out of the \[issuing tribunal\]. Service of the attached process outside \[State or Territory of issue\] is authorised by the Service and Execution of Process Act 1992 if the claim made against you concerns: (a) real property within \[State or Territory of issue\]; or (b) a contract, wherever made, for the supply of goods or the provision of services of any kind (including financial services) within \[State or Territory of issue\]; or (c) an act or omission within \[State or Territory of issue\]; or (d) the carrying on of a profession, trade or occupation within \[State or Territory of issue\]; or (e) a pension or benefit under a law of \[State or Territory of issue\]; or (f) the validity of an act or transaction under a law of \[State or Territory of issue\]. The attached process is served in reliance on item(s) \[letter(s) corresponding to ground(s) relied on\]. ## Your rights If you think that none of the above items applies in this case, you should get legal advice as soon as possible on what to do to stop the \[issuing tribunal\] dealing with this claim against you. ## Contesting this claim If you want to contest this claim, you must take any action set out in the attached process as being necessary to contest the claim. 1If you want to contest this claim, you also must file an appearance2 in the \[issuing tribunal\]. You have only 213 days after receiving the attached process to do so. The appearance2 must contain 4an address in Australia where documents can be left for you or sent to you. 5your address. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ > Note: 1If the respondent need not enter an appearance (as defined in section 49 of the Act) in order to contest the claim, omit this paragraph and the remainder of the form. > Note: 2If the document that must be filed is not called an appearance, substitute the correct name here and in the remainder of the form. > Note: 3If the issuing tribunal has allowed a shorter period, substitute that period. > Note: 4Omit if appearance is not required to set out an address for service. > Note: 5Omit if appearance is required to set out an address for service. Form 5 (section 59) Service and Execution of Process Act 1992 ## Notice to witness ## This notice is very important ## Please read it and the attached documents very carefully ## If you have any trouble understanding them you should get legal advice as soon as possible Attached to this notice is a subpoena1 (“the attached subpoena”) that is a subpoena for the purposes of the Service and Execution of Process Act 1992 issued by the \[issuing tribunal\]. Service of the attached subpoena outside \[State or Territory of issue\] is authorised by \[court or person that gave leave to serve the subpoena\] under that Act. ## Your rights You may be able to apply to the: 2\[issuing tribunal\] or to a court 3Supreme Court of \[State or Territory of issue\] to set aside or obtain other relief in respect of the attached subpoena. If you would like to make an application you should get legal advice as soon as possible. ## Your obligations You must obey the attached subpoena if: (a) at the time of service or at some reasonable time before \[date for compliance\] you were offered or given: (i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or (ii) a combination of money, travel tickets and vouchers to meet those expenses; and (b) you received with the attached subpoena a copy of an order from a court in \[State or Territory of issue\] permitting the attached subpoena to be served outside \[State or Territory of issue\] and specifying the day before which it must be served. If the attached subpoena only requires production of documents or things you may comply with the attached subpoena by delivering the documents or things at least 24 hours before \[date for compliance\] to the Secretary4 of the \[issuing tribunal\]. ## This is most important If you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection. The restriction on you could be imposed as: (a) conditions of bail; or (b) conditional release from prison; or (c) conditions of probation; or (d) home or periodic detention; or (e) a community service order, community based order, attendance order or work and development order; or (f) some other restriction on your movements imposed by law or by order of a court. If you are under a restriction of that kind, you must, as soon as practicable after you receive the attached subpoena, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically, your supervisor is the police officer or correction service officer that you report to. If you are not on bail, or if you are on bail but are not required to report periodically, your supervisor is the person who supervises your compliance with an order or restriction. Also you must, as soon as practicable, inform: the \[issuing tribunal\] 5and \[person at whose request the subpoena was issued\]; of the restriction to which you are subject. You must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena. If the restriction is not varied you must inform: the \[issuing tribunal\] 5and \[person at whose request the subpoena was issued\]; either: (a) of the steps you took to have the restriction or obligation varied, and that the restriction or obligation has not been varied; or (b) that the law does not permit that variation; whichever is the case. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ > Note: 1If the process to be served is not called a subpoena, substitute the name of the process for the word ‘subpoena’. > Note: 2Omit if the subpoena is issued in the performance of an investigative function. > Note: 3Omit if the subpoena is issued in the performance of an adjudicative function. > Note: 4If the proper officer is not called the Secretary, substitute the correct title. > Note: 5Omit if the subpoena was not issued at the request of a person. Form 6 (section 69) Service and Execution of Process Act 1992 ## Notice to witness ## This notice is very important ## Please read it and the attached document or documents very carefully ## If you have any trouble understanding them you should ask to receive legal advice as soon as possible Attached to this notice is a subpoena (“the attached subpoena”) that is a subpoena for the purposes of the Service and Execution of Process Act 1992 issued by the \[issuing tribunal\]. Service of the attached subpoena outside \[State or Territory of issue\] is authorised by that Act. An order, called an order for production, based on the attached subpoena has been served on the person in charge of the institution or place in which you are held. Under this order you will be taken to \[name and location of the tribunal before which compliance is required\], unless you are released before \[date for compliance\]. A copy of the order for production is required to be served on you by the person in charge of the institution or place in which you are held. ## Your rights The person in charge of the institution or place in which you are held must provide any assistance that you reasonably require to: (a) apply to set aside or obtain other relief from the attached subpoena; or (b) apply to set aside or vary the order for production relating to the attached subpoena; or (c) obtain legal advice. You may be able to apply to the: 2\[issuing tribunal\] or to a court 3Supreme Court of \[State or Territory of issue\] to set aside or obtain other relief in respect of the attached subpoena or the order for production. If you would like to make an application you should ask for assistance to obtain legal advice as soon as possible. If you make an application of this kind, you must, within 24 hours, give a copy to the person in charge of the institution or place in which you are held. You will only be able to apply for the order for production to be varied or set aside if complying with it would have a substantial detrimental effect on your health or safety. If the person in charge of the institution or place in which you are held makes an application to set aside or vary the order for production, you must be given a copy of that application within 24 hours of its being made. ## Your obligations on release from custody If you are released from the institution or place where you are held before \[date for compliance\], you must obey the attached subpoena yourself if: (a) there is sufficient time between when you are released and \[date for compliance\] for it to be reasonably practicable for you to comply with the attached subpoena; and (b) a copy of the order for production was served on you with the attached subpoena; and (c) within a reasonable time after you were released you were offered or given: (i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; (ii) a combination of money, travel tickets and vouchers to meet those expenses. ## This is most important If, after your release, you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection. The restriction on you could be imposed as: (a) conditions of bail; or (b) conditional release from prison; or (c) conditions of probation; or (d) home or periodic detention; or (e) a community service, community based, attendance or work and development order; or (f) some other restriction on your movements imposed by law or by order of a court. If you are under a restriction of that kind, you must, as soon as practicable after you are released, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically, your supervisor is the police officer or correction service officer you report to. If you are not on bail, or if you are on bail but are not required to report periodically, your supervisor is the person who supervises your compliance with an order or restriction. Also, you must, as soon as practicable, inform: the \[issuing tribunal\] 4and \[name of the person at whose request the subpoena was issued\]; of the restriction to which you are subject. You must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena. If the restriction is not varied, you must inform: the \[issuing tribunal\] 4and \[person at whose request the subpoena was issued\] either: (a) of the steps you took to have the restriction varied, and that the restriction has not been varied; or (b) that the law does not permit that variation; whichever is the case. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ > Note: 1If the process to be served is not called a subpoena, substitute the name of the process for the word “subpoena”. > Note: 2Omit if the subpoena is issued in performance of an investigative function. > Note: 3Omit if the subpoena is issued in the performance of an adjudicative function. > Note: 4Omit if the subpoena was not issued at the request of a person. Form 7 (subsection 112 (3)) ## Commonwealth of Australia Service and Execution of Process Act 1992 ## Warrant of apprehension To all enforcement officers of \[State or Territory where warrant is to be executed\]: \[Note An enforcement officer includes a police officer and may also include the Sheriff, a Sheriff’s officer or a bailiff, depending on the State or Territory.\] (1) This warrant authorises the apprehension of \[name\] (“the offender”). (2) On \[date\], the offender, then of \[address of offender at time of sentencing court’s order\] was ordered by \[sentencing Court\] at \[place\] in \[State or Territory of issue\] to pay \[amount, including any costs or other amounts that the offender was ordered to pay\] for the offence of \[short description of the offence\]. (3) Of that amount, the sum of \[amount\] remains unpaid. (4) Because that sum remains unpaid, the offender is liable to be committed to prison in \[State or Territory of issue\] for \[period\]. (5) I have reason to believe that the offender may be in \[State or Territory where warrant is to be executed\]. (6) I have reason to believe that the offender may be found at \[address or addresses\]. You are authorised and commanded to find the offender in \[State or Territory where warrant is to be executed\] and after finding the offender: (a) to give the offender an opportunity of paying to you without delay the whole of the unpaid amount referred to in paragraph (3) above; and (b) if the offender does not pay that unpaid amount to you without delay, to apprehend the offender and bring the offender before a Court of \[State or Territory where warrant is to be executed\] having jurisdiction in relation to the summary trial of all or any offences under the law of \[State or Territory where warrant is to be executed\]. If the offender pays that unpaid amount to you without delay, you are to cause it to be sent to the Clerk1 of the \[sentencing court\] at \[place of conviction\]. Issued by me at \[place\] in \[State or Territory of issue\] on \[date\] \[Signature\] Clerk2 of the \[sentencing court\]/Justice of the Peace for \[State or Territory of issue\] \_\_\_\_\_\_\_\_\_\_\_\_\_\_ > Note: 1If the title of the proper officer to receive the payment is not “Clerk”, substitute the correct title. > Note: 2If the title of the issuing officer is not “Clerk”, substitute the correct title. Omit “Clerk (etc)” or “Justice of the Peace (etc)” as appropriate. Form 8 (subsection 117 (2)) ## Commonwealth of Australia Service and Execution of Process Act 1992 ## Warrant of commitment To all enforcement officers of \[State or Territory in which the person is to be committed to prison\] and to the person in charge of the prison at \[place\] in \[State or Territory\]: \[Note An enforcement officer includes a police officer and may also include the Sheriff, a Sheriff’s officer or a bailiff, depending on the State or Territory.\] (1) This warrant authorises the conveying to prison, and imprisonment, of \[name\] (“the offender”). (2) On \[date\], the offender, then of \[address of offender at time of sentencing court’s order\] was ordered by \[sentencing court\] at \[place\] in \[State or Territory\] to pay \[amount, including any costs or other amounts that the offender was ordered to pay\] for the offence of \[short description of the offence\]. (3) The offender appeared or was brought before the \[court that ordered the offender’s committal to prison\] at \[place\]. (4) It appeared to that Court that, of the amount referred to in paragraph (2), the sum of \[amount\] remained unpaid. (5) Because that sum remained unpaid, the offender was committed to prison for \[period\] unless sooner released. 1(6) By reason of payment made, or remission granted, the amount unpaid is now \[amount\] and the period for which the offender is to be committed to prison is now \[period\]. You, the enforcement officers of \[State or Territory in which the person is to be committed to prison\], are authorised and commanded to convey the offender to the prison at \[place\] in \[State or Territory\] and deliver the offender to the person in charge of that prison. You, the person in charge of that prison, are authorised and commanded to receive the offender into your custody in that prison and hold the offender in that prison for \[period\] unless in the meantime you are required under section 121 of the Service and Execution of Process Act 1992 to release the offender. Issued by me at \[place\] on \[date\] Clerk2 of the \[court ordering the offender’s committal to prison\]/Justice of the Peace > Note: 1Omit this paragraph if it does not apply. > Note: 2If the title of the issuing officer is not “Clerk”, substitute the correct title. Omit either “Clerk (etc)” or “Justice of the Peace” as appropriate. Schedule 1A Issue of warrants — authorities (regulation 4A) Part 1 New South Wales 1.1 The Parole Board constituted under section 183 of the Crimes (Administration of Sentences) Act 1999 (NSW) Part 2 Victoria 2.1 The Adult Parole Board established by section 61 of the Corrections Act 1986 (Vic) 2.2 The Youth Residential Board established under section 204 of the Children and Young Persons Act 1989 (Vic) 2.3 The Youth Parole Board established under section 215 of the Children and Young Persons Act 1989 (Vic) Part 3 Queensland 3.1 The Director-General of the Queensland Department of Corrective Services 3.2 The Queensland Community Corrections Board established under section 156 of the Corrective Services Act 2000 (Qld) 3.3 A regional community corrections board established under section 170 of the Corrective Services Act 2000 (Qld) Part 4 Western Australia 4.1 The Parole Board established under section 102 of the Sentence Administration Act 2003 (WA) 4.2 The Mentally Impaired Defendants Review Board established under section 41 of the Criminal Law (Mentally Impaired Defendants) Act 1996 (WA) 4.3 The Supervised Release Review Board established under section 151 of the Young Offenders Act 1994 (WA) 4.4 The Director General of the Western Australian Department of Justice Part 5 Tasmania 5.1 The Parole Board established under section 62 of the Corrections Act 1997 (Tas) Schedule 2 Persons taken to be in charge of the correction service of a State or Territory (regulation 5) | Column 1 | Column 2 | Column 3 | | -------- | ---------------------------- | ------------------------------------------------------ | | Item | State or Territory | Office | | 1 | Australian Capital Territory | Director Corrective Services | | 2 | New South Wales | Director Community Corrections | | 3 | Norfolk Island | Gaoler | | 4 | Northern Territory | Director Correctional Services | | 5 | Queensland | Director-General Corrective Services | | 6 | South Australia | Executive Director Department of Correctional Services | | 7 | Tasmania | Director Corrective Services | | 8 | Victoria | Director Correctional Services | | 9 | Western Australia | Executive Director Department of Corrective Services |