The following information is designed to assist persons issuing a subpoena on NSW Department of Planning, Industry and Environment. Failure to comply with the following requirements may result in delays in complying with the subpoena.
Issuing a subpoena
A Subpoena to Produce must be issued on the Proper Officer, NSW Department of Planning, Industry and Environment ("the Department").
A Subpoena to Attend to Give Evidence or a Subpoena to Give Evidence and Produce must be issued on the specific Departmental officer who is required to give evidence.
Service of subpoena
A Subpoena to Produce can be served by mailing (by registered post) or delivering the subpoena to:
The Proper Officer
NSW Department of Planning, Industry and Environment – Legal Services
Level 22, 320 Pitt Street
Sydney NSW 2000
If the subpoena is not delivered to this address, there is likely to be a delay in processing the subpoena.
When a subpoena is served on a Departmental officer in his or her capacity as an officer of the Department, the Legal Branch will accept service of the subpoena.
Compliance time/return date
The Department does not hold documents in a central area. For a Subpoena to Produce, you should allow a minimum of 14 days for the Department to locate the documents that fall within the scope of the subpoena.
If the Department is unable to produce the documents that fall within the scope of the subpoena by the relevant return date, the Legal Branch will contact the issuing party prior to the return date to discuss the subpoena.
Description of documents
A subpoena should contain a precise description of the documents sought. This is a legal requirement, and also assists the Department to quickly locate the documents sought by the subpoena. Broad and expansive requests for information may take a considerable time to comply with and this will have associated cost implications for the issuing party.
Oppressive requests and fishing expeditions
The Department reserves the right to set aside a subpoena which is oppressive, or on such other grounds as the Department considers appropriate.
Conduct money of $50 should accompany any subpoena served on the Department. This should be paid in the form of a cheque, made out in favour of 'NSW Department of Industry'.
The issuing party may be asked to sign an undertaking for reasonable costs for work done in complying with a subpoena. The Department will generally issue an invoice for these costs once the subpoena has been complied with.
Costs for a Subpoena to Produce
The costs incurred in complying with a Subpoena to Produce may include, but are not limited to, searching, reviewing and collating files and documents, plus photocopying charges.
Costs for a Subpoena to Attend to Give Evidence
The costs incurred in complying with a Subpoena to Attend to Give Evidence may include, but are not limited to, the salary of any Departmental officer attending court and any additional expenses associated with his or her attendance, including travel and accommodation.