New South Wales Consolidated Acts

DUST DISEASES TRIBUNAL ACT 1989 - SECT 20

20 Subpoenas and examination of witnesses

(1) If the Tribunal so directs or a party to proceedings before the Tribunal so requests, the registrar must issue a subpoena requiring a specified person to do either or both of the following:

(a) to attend and give evidence before the Tribunal at a time and place specified in the subpoena,

(b) to produce to the Tribunal, or to attend before the Tribunal and produce, any document or thing in the person’s custody or under the person’s control that the person is required by the subpoena to produce.

(2) If:

(a) in accordance with this section, a person is required by a subpoena to produce a document, and

(b) the document is not in writing, or is not written in the English language, or is not decipherable on sight,

the subpoena shall be taken to require the person to produce, in addition to the document if it is in writing, or instead of the document if it is not in writing, a statement, written in the English language and decipherable on sight, containing the whole of the information in the document.

(3) The Tribunal may administer an oath to any person appearing as a witness before the Tribunal, whether or not a subpoena has been issued to the witness under subsection (1), and allow the witness to be examined and cross-examined on oath.

(4) A witness attending or appearing before the Tribunal has the same protection and, without affecting any penalty that may be imposed under this Act, is subject to the same liabilities, as a witness would have or be subject to in proceedings before the Supreme Court.

(5) A witness attending before the Tribunal in accordance with a subpoena issued under subsection (1) is entitled to be paid such fees and allowances as are prescribed by, or calculated in accordance with, the rules.

(6) If a subpoena is issued under subsection (1) at the request of a party, the person specified in the subpoena is not required to comply with the subpoena unless, not later than a reasonable time before the day on which the subpoena is to be complied with, that person is tendered an amount, prescribed by, or calculated in accordance with, the rules, to meet the expense of complying with the requirements of the subpoena.

(7) This section is subject to the regulations.