ACT Civil and Administrative Tribunal Act 2008

The tribunal may, by subpoena given to a person, require the person, at a stated time and place, to appear before the tribunal to do 1 or more of the following:

produce a stated document or other thing relevant to the hearing;

give evidence.

Documents may be produced electronically in certain circumstances (see Electronic Transactions Act 2001).

A person is taken to have complied with a subpoena under subsection (1) (a) if the person gives the document or other thing to the tribunal before the date stated in the subpoena for its production.

The tribunal may give a party leave—

to inspect, or make a copy of, a document produced under a subpoena; or

to inspect another thing produced under a subpoena.

The presiding member at the hearing of an application may require a person appearing before the tribunal to give evidence to do 1 or more of the following:

take an oath;

answer a question relevant to the hearing;

produce a stated document or other thing relevant to the hearing.

The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

If a subpoena is issued to give evidence under subsection (1) (b), the subpoena must—

state the time and place at which the person must appear before the tribunal; and

include—

a statement to the effect that the person may be represented before the tribunal by a lawyer or someone else; and

if the rules prescribe someone who may not represent the person—a statement that the other person may not represent the person; and

a statement to the effect that the person may wish to obtain legal advice in relation to the subpoena; and

contain a statement to the effect that the person may apply to the tribunal for a direction under section 45 (Taking part other than in person).

On application by a party or someone else having a sufficient interest, the tribunal may set aside a subpoena completely or partly.

The tribunal is taken to be a court of competent jurisdiction for the Health Records (Privacy and Access) Act 1977 when exercising its powers under this section.