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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.]