New South Wales Consolidated Acts

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

109K Action that may be taken if person refuses to give evidence

(1) This section applies to a person who--

(a) appears before the Children's Court on a subpoena to give evidence, or produce any document or thing, or both, or

(b) appears before the Children's Court on bail after being arrested under a warrant after failing to comply--

(i) with a subpoena to give evidence, or produce any document or thing, or both, or

(ii) with a care proceedings attendance notice, or

(c) is brought before the Children's Court under a warrant of commitment after being so arrested.

(2) The Children's Court may order that a warrant be issued for the committal of a person to whom this section applies to a correctional centre, detention centre or other place of security for a period not exceeding 7 days if the person refuses, without offering any just cause or reasonable excuse--

(a) to be examined on oath, or

(b) to take an oath, or

(c) to answer, after having taken an oath, any questions that are put to the person concerning the subject-matter of the proceedings, or

(d) to produce the document or thing.

Note : Division 5 sets out procedures for warrants of commitment generally.

(3) However, the person is to be released before the expiration of those 7 days if the person--

(a) consents to be examined on oath and to answer questions concerning the subject-matter of the proceedings, or

(b) produces the document or thing.

(4) This Part applies in relation to a subpoena to the exclusion of section 194 (Witnesses failing to attend proceedings) of the Evidence Act 1995 .

(5) In this section, a reference to a person who appears before the Children's Court on bail after being arrested under a warrant after failing to comply with a subpoena includes a reference to a person in respect of whom the requirement for bail has been dispensed with after being so arrested.