CORONERS ACT 2009 - SECT 68 Manner of service of subpoena

CORONERS ACT 2009 - SECT 68

68 Manner of service of subpoena

(cf Coroners Act 1980 , s 37)

(1) A subpoena issued under this Part must be served by--

(a) a police officer, or

(b) where the coroner or assistant coroner issuing the subpoena so directs--the Sheriff, or a sheriff's officer, within the meaning of the Sheriff Act 2005 .

(2) Service of a subpoena may be effected--

(a) by handing it to the person to whom it is directed, or

(b) if the person is an inmate of a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999 )--

(i) by handing it to the officer in charge of the correctional centre, or

(ii) by sending it by post or facsimile or other electronic transmission to the officer in charge at the correctional centre, or

(c) if the person is a police officer or a public officer--

(i) by sending it by post or facsimile to the person's business address, or

(ii) by sending it by electronic communication to the person's business email address, or

(d) if the person is not a police officer, public officer or inmate--

(i) by sending it by post or facsimile to the person's residential address, or

(ii) by sending it by electronic communication to the person's email address, or

(e) if the person is represented by a legal practitioner--by leaving it, with the consent of the relevant legal practitioner for the person, at the relevant legal practitioner's address for service or by sending it to that address by post or facsimile or by sending it to the legal practitioner's email address for service by electronic communication.

(3) If, on tender of a subpoena, the person refuses to accept it, it may be served by putting it down in the person's presence after the person has been told of the nature of the subpoena.

(4) Service of a subpoena in the manner specified in subsection (2) or (3) may be proved by the oath or affirmation of the person who served it attending the coronial proceedings concerned, by his or her affidavit or otherwise.

(5) In this section--


"public officer" means any of the following persons, but only when acting in an official capacity--

(a) an employee in the Public Service or the NSW Police Force,

(b) an officer or employee of a statutory body representing the Crown,

(c) an employee of a council within the meaning of the Local Government Act 1993 ,

(d) a member of staff of Local Land Services,

(e) the Director of Public Prosecutions, Deputy Director of Public Prosecutions or Solicitor for Public Prosecutions,

(f) an officer or employee of a body declared by the regulations to be a public body for the purposes of this definition.

"relevant legal practitioner" for a person means--

(a) if the person is represented only by a solicitor--the solicitor, or

(b) if the person is represented only by a barrister under a direct access arrangement--the barrister, or

(c) if the person is represented by both a solicitor and a barrister--the solicitor.