Australian Capital Territory Current Acts

ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 42

    (1)     If a person who is subpoenaed to appear before the tribunal under section 41 does not appear, a presidential member may, on proof of the service of the subpoena, issue a warrant to arrest the person and bring the person before the tribunal.

    (2)     However, the presidential member may only issue a warrant if satisfied that—

        (a)     the tribunal has taken reasonably practicable steps to contact the person; and

        (b)     the issue of a warrant is in the interests of justice.

    (3)     In deciding whether it is in the interests of justice to issue a warrant, the presidential member must consider the following:

        (a)     the importance of the evidence that the presidential member expects the person to give;

        (b)     whether the evidence could be obtained by other means;

        (c)     the nature of the application;

        (d)     the degree of urgency to resolve the matter;

        (e)     the likelihood that issuing the warrant would secure the person's attendance at the hearing;

        (f)     if the presidential member has contacted the person—

              (i)     the reason (if any) given by the person for not attending under the subpoena; and

              (ii)     the impact of using the warrant for the arrest of the person.