Subpoena policy

As at 13 August 2007

This Policy sets out the relevant information required to issue a subpoena upon the Department of Planning & Infrastructure, the Minister or the Director-General. If you require any further information, please contact our Legal Services Branch via our General Switch on (02) 9228 6111.

Address

Subpoenas for production of the Department's files should be addressed to:

The Director-General and/or the relevant Minister
(however the Department accepts subpoenas addressed to the Department or the "Proper Officer")
Department of Planning & Infrastructure
23-33 Bridge Street Sydney NSW 2000

Notice

Every subpoena should allow at least five clear working days notice from the date of service to comply.

Service

Subpoenas for production should be served on the Legal Services Branch.

Basic conduct money

Basic conduct money is $55. This to be paid upon service of subpoena and includes payment for up to one hour of staff time and up to 20 A4 black and white photocopies [or equivalent in cost].

Costs for formal production

• $55 conduct money (includes up to first hour of staff time and up to 20 black and white A4 photocopies [or equivalent in cost]); plus
• $30 p/h staff time (for work required to comply with subpoena above 1 hour). Work done in complying with a subpoena may include but is not limited to, searching, reviewing and collating files and/or documents; plus
• Photocopying charges for entire files (beyond the first 20 A4 black and white pages [or equivalent in cost]) to be produced at a rate of:

Costs for informal production

• $55 conduct money (includes up to first hour of staff time and up to 20 black and white A4 photocopies [or equivalent in cost]); plus
• $30 p/h staff time (for work required to comply with subpoena above 1 hour). Work done in complying with a subpoena may include but is not limited to, searching, reviewing and collating files and/or documents); plus
• Photocopying charges (beyond the first 20 A4 black and white pages [or equivalent in cost] at a rate of:

A written undertaking may be required to pay copying expenses.

Subpoena to give evidence

When this subpoena is served on a departmental officer in his or her capacity as an officer of the Department, Legal Services Branch will accept service of the subpoena.

The ordinary salary of any staff member attending court and any additional expenses associated with his/her attendance may be required to be paid.

Any expenses involved in travel and accommodation of a staff member to attend court may be required to be paid.