STATE ADMINISTRATIVE TRIBUNAL RULES 2004 - REG 24
STATE ADMINISTRATIVE TRIBUNAL RULES 2004 - REG 24
24 . Request for and return of summons to witness and production of documents and other material by third parties
(1) A request for the
issue of a summons under section 66(1) of the Act must be
made —
(a) in
an approved form; and
(b) at
least 14 days before the date on which the summons is to be returnable,
unless the Tribunal grants leave to make a request nearer to that date.
[(2) deleted]
(3) A summons will
usually be made returnable by the Tribunal at a final hearing. Where a party
wishes to have any document or other material produced by a third party prior
to a final hearing, the party should make an application under the Act
section 35(1).
(4) Any application to
set aside a summons or to discharge an order made under the Act
section 35(1) in whole or in part or to limit access to any document or
other material produced in answer to a summons or in compliance with an order
may be made at the hearing at which the summons is returnable or at which the
order requires production or at another time prior to the date on which the
production of the document or material is required by the summons or order.
(5) A person who is
required by a summons or an order made under the Act section 35(1) to
produce any document or other material may, unless the person intends to apply
to set aside the summons or to discharge the order or to limit access to any
document or material, produce the document or material to the executive
officer at least 48 hours before the date specified in the summons or
order and is not then required to attend the hearing on the date specified in
the summons or the order, unless the Tribunal orders otherwise or unless the
person is also required by the summons to give evidence.
(6) Where a document
or material is produced to the executive officer in accordance with
subrule (5), each party may inspect and photocopy the document or
material within the Tribunal’s office for the purpose of the proceedings
unless the Tribunal orders otherwise.
[Rule 24 inserted: Gazette
13 Apr 2006 p. 1557‑8; amended: Gazette
14 May 2013 p. 1970; SL 2022/219 r. 11.]