A NSW Government website

About the subpoena process

This Policy sets out the relevant information required to issue a subpoena upon the Department, the Minister or the Secretary. If you require any further information, please contact 1300 305 695.

Address

Subpoenas for production of documents or other items should be addressed to:

The Secretary and/or the relevant Minister (however the Department accepts subpoenas addressed to the Department or the "Proper Officer").

Subpoenas to give evidence in court to be served on a Departmental officer in his or her capacity as an officer of the Department should be addressed to that officer.

Address for Service during COVID-19 Pandemic

Due to current working conditions, service on the Department is only accepted electronically.

Please send any subpoena or originating process to:

legalservices@planning.nsw.gov.au

Conduct money will be accepted by electronic transfer. Electronic transfer details will be provided upon request.

Notice

Every subpoena should allow at least five clear working days notice from the date of service for compliance.

Costs for formal and informal production

  • To be paid upon service of the subpoena: $55 upfront amount for reasonable costs and expenses (includes up to first hour of staff time and up to 20 black and white A4 photocopies [or equivalent in cost]); plus
  • $30.00 p/h of clerical (non-legal) staff time, beyond the first hour; and
  • All work carried out by the Department’s legal staff to be charged out at the legal rates set out below; and
  • Photocopying charges for entire files (beyond the first 20 black and white A4 photocopies) as set out below
Charge out Rates 
RoleFee per hour
Director $430.00
Principal Legal Officer $365.00
Senior Legal Officer $331.00
Legal Officer $276.00
Paralegal $140.00
Photocopying charges 
A4 (black and white)Fee
20-100 pages 50c per page (first 80 pages)
101 – 300 40c per page (additional pages)
301+ 30c per page (additional pages)
  
A3 (black and white)Fee
  70c per page
  
A4 (Colour)Fee
  $3.00 per page
A3 (Colour)Fee
  $6.00 per page
  
CD or USB (copying and/or scanning) $15 per CD or USB

Costs for court attendance

The ordinary salary of any staff member attending court and any additional expenses including travel and accommodation, associated with his/her attendance may be required to be paid.