New South Wales Consolidated Acts

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MENTAL HEALTH ACT 2007 - SECT 157

Production of evidence

157 Production of evidence

(cf 1990 Act, s 278)

(1) The Tribunal may of its own motion or on the application of a person having any matter before the Tribunal issue a summons in the prescribed form requiring the person to whom the summons is addressed to do either or both of the following things-
(a) to attend as a witness at a meeting of the Tribunal,
(b) to attend at a meeting of the Tribunal and to produce any documents in the possession or under the control of the person relating to any matter before the Tribunal and specified in the summons.
(2) For the purposes of subsection (1), a summons is issued by the Tribunal if it is signed by the President or a Deputy President.
(3) The regulations may make provision for or with respect to authorising compliance with a summons to produce any documents by the production of the documents at a place specified in the summons at any time before the meeting of the Tribunal at which the documents are required to be produced.
(4) A person to whom a summons is addressed is entitled to receive-
(a) if the summons was issued by the Tribunal of its own motion, from the Tribunal, or
(b) if the summons was issued by the Tribunal on the application of a person having any matter before the Tribunal, from the person,
the amounts payable for compliance with a subpoena under the Uniform Civil Procedure Rules 2005 .
(5) A person-
(a) who is served with a summons addressed to the person under this section, and
(b) to whom, at the time of service, is tendered an amount that is sufficient to cover the person’s travelling and other out-of-pocket expenses in attending the meeting of the Tribunal specified in the summons and producing anything required by the summons to be produced,
must not, without cause, fail or refuse to obey the summons.
: Maximum penalty-50 penalty units.



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