Information to assist persons issuing subpoenas on the Department

The following information is designed to assist persons issuing subpoenas on the Department. Failure to comply with the following requirements will result in an invalidly issued subpoena or delays in compliance with the subpoena

Issuing a subpoena

A Subpoena for production must be issued on:

• The Director-General
• Department of Trade & Investment, Regional Infrastructure & Services

Subpoenas not addressed in this manner will be rejected.

A subpoena to give evidence must be issued on the specific Departmental officer in question.

Service of subpoenas

A subpoena for production can be served by mailing or delivering the subpoena to:

The Proper Officer
Department of Trade & Investment, Regional Infrastructure & Services
Legal Services Branch
161 Kite Street
ORANGE  NSW  2800

If the subpoena is not delivered to this address there will be a delay in processing the subpoena. If the subpoena is mailed, it should be done through registered post.

When a subpoena is served on a Departmental officer in his or her capacity as an officer of the Department of Trade & Investment, Regional Infrastructure & Services, Legal Services Branch will accept service of the subpoena (see address for service above).

Compliance time/return date

The Department does not hold documents in a central area. To ensure your Subpoena is complied with, you must allow a minimum of 14 days for the Department to contact each relevant area and seek documents that fall within the scope of the subpoena.

If the Department is unable to produce the documents on time, the Legal Services Branch will contact you prior to the return date seeking an extension.

Description of documents

A precise description for the documents you are requiring can save considerable time in locating documents within the Department. Wide requests for information may take a considerable time to comply with and this will have associated cost implications.

Conduct money

The Department is to receive conduct money with any subpoena issued.

Basic conduct money is $50. This is to be paid upon service of subpoena; this includes payment for up to 1 hour of staff time in Legal Services Branch.

You will be asked to sign an undertaking for reasonable costs for work done in complying with a subpoena; this will include, but is not limited to, searching, reviewing and collating files/documents, plus photocopying charges. These costs are set out below:

Cost for formal and informal production of documents

Staff time:

• Clerk: $39.17 per hour (minimum Clerk rate)
• Professional Officer: $71.00 per hour (minimum PO rate)

Pay rates vary from time to time depending on the grading of the officer involved in the production of the documents.

Photocopying:

• A4 black and white: 30c per page
• A3 black and white: 70c per page
• A4 colour: $3.00 per page
• A3 colour: $6.00 per page

Electronic documents:

CD copying and/or scanning: $15 per CD

Courier costs: $15.00

Costs for subpoenas to give evidence

The salary of any staff member attending court and any additional expenses associated with his or her attendance, including travel time and accommodation, may be required to be paid.

Oppressive requests and fishing expeditions

The Department reserves its right to seek to have a subpoena set aside if it is of the view that compliance is oppressive or on such other grounds as it considers appropriate.

Inquiry details

Questions regarding subpoenas should be directed to:

Legal Services Clerk
Phone (02) 6391 3552
Fax (02) 6391 4711
Email orangeho.legal@industry.nsw.gov.au