Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3506

    (1)     On the hearing of an application for a habeas corpus order, the court may—

        (a)     order the release or other disposition of the person in custody; or

        (b)     order the issue of a habeas corpus order directed to the defendant and to anyone else and give directions about the course to be taken under the habeas corpus order; or

        (c)     dismiss the application.

Note     See approved form 3.44 (Habeas corpus order) AF2006-372

    (2)     If a habeas corpus order is issued—

        (a)     the person to whom the order is directed must bring the person in custody before the court as directed in the order; and

        (b)     unless the court otherwise orders, the following must be served personally on everyone to whom the order is directed:

              (i)     a sealed copy of the order;

              (ii)     the application for the order;

              (iii)     the supporting affidavits;

              (iv)     a notice stating the things to be done by the person under the order and the consequences of failing to comply with the order.

Note 1     See r 6405 (How document is personally served). Service may be made in another way eg by substituted service (see r 6460 (Substituted service)).

Note 2     The documents must be served as soon as possible (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 151B (Doing things for which no time is fixed)).

Note 3     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.

    (3)     However, if a habeas corpus order is directed to the person in charge of the place where the person is in custody, a document mentioned in subrule (2) (b) may be served—

        (a)     by sending a copy by prepaid post to the place where the person is in custody, addressed to the person in charge of the place; or

        (b)     if the place has a postbox at a post office—by sending a copy by prepaid post to the postbox, addressed to the person in charge of the place; or

        (c)     if the place has a fax machine—by sending a copy by fax to the place, addressed to the person in charge of the place; or

        (d)     if the person in charge of the place has an email address—by emailing a copy to the email address.

    (4)     The court may, pending the return of the habeas corpus order, make an order about the custody of the person in custody.