ACT Civil and Administrative Tribunal Act 2008

If a person who is subpoenaed to appear before the tribunal under section 41 does not appear, a presidential member may, on proof of the service of the subpoena, issue a warrant to arrest the person and bring the person before the tribunal.

However, the presidential member may only issue a warrant if satisfied that—

the tribunal has taken reasonably practicable steps to contact the person; and

the issue of a warrant is in the interests of justice.

In deciding whether it is in the interests of justice to issue a warrant, the presidential member must consider the following:

the importance of the evidence that the presidential member expects the person to give;

whether the evidence could be obtained by other means;

the nature of the application;

the degree of urgency to resolve the matter;

the likelihood that issuing the warrant would secure the person’s attendance at the hearing;

if the presidential member has contacted the person—

the reason (if any) given by the person for not attending under the subpoena; and

the impact of using the warrant for the arrest of the person.