About the subpoena process

Address

Subpoenas for production of documents or other items should be addressed to the Secretary of the department and/or the relevant minister (however the department accepts subpoenas addressed to the department or the ‘Proper Officer’).

Subpoenas to give evidence in court to be served on a departmental officer in their capacity as an officer of the department should be addressed to that officer.

The department is only accepting service of subpoenas to produce electronically.

Please send any subpoena to subpoena@environment.nsw.gov.au

Conduct money will be accepted by electronic transfer. Electronic transfer details will be provided upon request.

Notice

Every subpoena should allow at least 5 clear working days’ notice from the date of service to the required date for compliance.

Costs for formal and informal production

Both of the following costs will apply to every subpoena:

• upon service of the subpoena, a $55 upfront amount for reasonable costs and expenses (to cover the first hour of staff time and up to 20 pages of A4 black and white photocopies [or cost equivalent])
• $30 per hour of clerical (non-legal) staff time beyond the first hour.

In addition to the above, all work carried out by the department’s legal staff will be charged at the rates set out below.

Photocopying charges for entire files (beyond the first 20 pages included above) are set out below.

Charge out rates

Photocopying charges – A4 sheets

Photocopying charges – A3 sheets

Copying and/or scanning of CDs or USB sticks

$15 per CD or USB stick.

Costs for court attendance

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