Australian Capital Territory Current Acts

ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 41

    (1)     The tribunal may, by subpoena given to a person, require the person, at a stated time and place, to appear before the tribunal to do 1 or more of the following:

        (a)     produce a stated document or other thing relevant to the hearing;

        (b)     give evidence.

Note 1     Documents may be produced electronically in certain circumstances (see Electronic Transactions Act 2001

).

Note 2     If a form is approved under s 117 for this provision, the form must be used.

    (2)     A person is taken to have complied with a subpoena under subsection (1) (a) if the person gives the document or other thing to the tribunal before the date stated in the subpoena for its production.

    (3)     The tribunal may give a party leave to inspect, or make a copy of, a document produced under a subpoena.

    (4)     The presiding member at the hearing of an application may require a person appearing before the tribunal to give evidence to do 1 or more of the following:

        (a)     take an oath;

        (b)     answer a question relevant to the hearing;

        (c)     produce a stated document or other thing relevant to the hearing.

Note 1     The Legislation Act

, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

Note 2     Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act

, dict, pt 1).

    (5)     If a subpoena is issued to give evidence under subsection (1) (b), the subpoena must—

        (a)     state the time and place at which the person must appear before the tribunal; and

        (b)     include—

              (i)     a statement to the effect that the person may be represented before the tribunal by a lawyer or someone else; and

              (ii)     if the rules prescribe someone who may not represent the person—a statement that the other person may not represent the person; and

              (iii)     a statement to the effect that the person may wish to obtain legal advice in relation to the subpoena; and

        (c)     contain a statement to the effect that the person may apply to the tribunal for a direction under section 45 (Taking part other than in person).

Note     If a form is approved under s 117 for a subpoena, the form must be used.

    (6)     On application by a party or someone else having a sufficient interest, the tribunal may set aside a subpoena completely or partly.

    (7)     The tribunal is taken to be a court of competent jurisdiction for the Health Records (Privacy and Access) Act 1977

when exercising its powers under this section.