New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 109J

Action that may be taken if person does not comply with subpoena

109J Action that may be taken if person does not comply with subpoena

(1) A party who requested a subpoena may apply to the Children's Court for the issue of a warrant in accordance with Division 4 for the arrest of the person to whom the subpoena is addressed if the person has not complied with the subpoena.
(2) The Children's Court may issue the warrant if satisfied that:
(a) the subpoena was issued in accordance with this Division, and
(b) the person to whom the subpoena is addressed has failed, without reasonable excuse, to comply with the subpoena.
(3) The police officer or other person executing the warrant is to bring the person before the Children's Court, a Children's Magistrate or a Registrar, as soon as possible after the arrest.
(4) The Children's Court, Children's Magistrate or Registrar before whom a person who is a child or young person is brought on arrest on a warrant issued under this section may:
(a) place the child or young person in the care responsibility of the Secretary at a place approved by the Minister for the purposes of this section, and
(b) order the child or young person to be brought before the Children's Court at the date, time and place specified in the order.
(5) The Children's Court, Children's Magistrate or Registrar before whom a person who is an adult is brought on arrest on a warrant issued under this section may:
(a) if bail is not dispensed with or granted, issue a warrant under Division 5 committing the person to a correctional centre or other place of security, and
(b) order the person to be brought before the Children's Court at the date, time and place specified in the order.
(6) Notice of the date, time and place set is to be given to the party who requested the subpoena in accordance with the rules.



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