Form 6—Notice when serving tribunal subpoena addressed to person in prison
Note: This form is to be used when serving a subpoena issued by a tribunal that is addressed to a person who is in prison and who is required to attend or give oral evidence: see section 69 and subsection 80(1) of the Act.
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 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 to set aside or vary the order for production, you must, within 24 hours, give a copy to the person in charge of the institution or place in which you are held. [4If you make an application to set aside or obtain other relief in respect of the attached subpoena or the order for production, you must, within 24 hours, give a copy to [person at whose request the subpoena was issued].]
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, intensive correction 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 to the police, your supervisor is any police officer at the police station at which you are required to report. If you are on bail, and your bail is subject to a condition that you report periodically to a correction service officer, that officer is your supervisor. In any other case, your supervisor is the person who supervises your compliance with the restriction.
Also, you must, as soon as practicable, inform the [issuing tribunal] [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 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.
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1If the process to be served is not called a subpoena, substitute the name of the process.
2Include if the subpoena is issued in the performance of an adjudicative function.
3Include if the subpoena is issued in the performance of an investigative function.
4Include if the subpoena was issued at the request of a person.