Form 5—Notice when serving tribunal subpForm 5—Notice when serving tribunal subpoena

## Form 5—Notice when serving tribunal subpoena Note: This form is to be used when serving a subpoena issued by a tribunal that is addressed to a person who is not in prison, or who is in prison but who does not need to attend or give oral evidence: see paragraph 59(a) and subsection 77(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 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 \[2a court in / 3the Supreme Court of\] \[State or Territory of issue\] 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, 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 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 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 \[issuing tribunal\] \[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 varied, and that the restriction has not been varied; or (b) that the law does not permit that variation; whichever is the case. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ 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. 4If the proper officer is not called the Secretary, substitute the correct title. 5Include if the subpoena was issued at the request of a person.