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CORONERS ACT 2009 - SECT 68
Manner of service of subpoena
68 Manner of service of subpoena
(cf Coroners Act 1980 , s 37)
(1) A subpoena issued under this Part must be
served by-- (a) a police officer, or
(b) where the coroner or assistant
coroner issuing the subpoena so directs--the Sheriff, or a sheriff's officer,
within the meaning of the Sheriff Act 2005 .
(2) Service of a subpoena may
be effected-- (a) by handing it to the person to whom it is directed, or
(b)
if the person is an inmate of a correctional centre (within the meaning of the
Crimes (Administration of Sentences) Act 1999 )-- (i) by handing it to the
officer in charge of the correctional centre, or
(ii) by sending it by post
or facsimile or other electronic transmission to the officer in charge at the
correctional centre, or
(c) if the person is a police officer or a
public officer-- (i) by sending it by post or facsimile to the person's
business address, or
(ii) by sending it by electronic communication to the
person's business email address, or
(d) if the person is not a police
officer, public officer or inmate-- (i) by sending it by post or facsimile to
the person's residential address, or
(ii) by sending it by electronic
communication to the person's email address, or
(e) if the person is
represented by a legal practitioner--by leaving it, with the consent of the
relevant legal practitioner for the person, at the
relevant legal practitioner's address for service or by sending it to that
address by post or facsimile or by sending it to the legal practitioner's
email address for service by electronic communication.
(3) If, on tender of a
subpoena, the person refuses to accept it, it may be served by putting it down
in the person's presence after the person has been told of the nature of the
subpoena.
(4) Service of a subpoena in the manner specified in subsection (2)
or (3) may be proved by the oath or affirmation of the person who served it
attending the coronial proceedings concerned, by his or her affidavit or
otherwise.
(5) In this section--
"public officer" means any of the following persons, but only when acting in
an official capacity-- (a) an employee in the Public Service or the NSW Police
Force,
(b) an officer or employee of a statutory body representing the Crown,
(c) an employee of a council within the meaning of the Local Government Act
1993 ,
(d) a member of staff of Local Land Services,
(e) the Director of
Public Prosecutions, Deputy Director of Public Prosecutions or Solicitor for
Public Prosecutions,
(f) an officer or employee of a body declared by the
regulations to be a public body for the purposes of this definition.
"relevant legal practitioner" for a person means-- (a) if the person is
represented only by a solicitor--the solicitor, or
(b) if the person is
represented only by a barrister under a direct access arrangement--the
barrister, or
(c) if the person is represented by both a solicitor and a
barrister--the solicitor.
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