Criminal Practice Rules 1999

This rule applies to a person served with a subpoena requiring the person to produce to the court only a document of a following type—

a medical record;

a hospital record;

a record of a government department, or a statutory authority, of the Commonwealth or a State.

The person may comply with the subpoena by giving the document to the proper officer of the court in a sealed envelope clearly marked ‘court exhibits’, or something similar, at least 1 clear day before the time stated for production in the subpoena.

The person must attach a copy of the subpoena to the document or envelope.

If the person asks the proper officer for a receipt for the document, the proper officer must give it to the person.

The proper officer must—

keep the document in a safe place; and

if practicable, allow a party to inspect the document at the registry free of charge; and

if practicable, give a copy of the document to a party on payment of the fee prescribed by regulation; and

produce the document to the court as directed by the court.

If the document is not tendered or admitted into evidence at the hearing of the proceeding for which it was produced, the proper officer must return the document to the person required to produce it—

at the end of the hearing of the proceeding for which it was produced; or

if the matter was not heard, at the end of the period in which the matter was listed for hearing.