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Subpoenas

Subpoenas issued on FACS

The Department of Family and Community Services’ (FACS) Legal Services is the authorised unit responsible for receiving, recording, processing and disseminating valid subpoenas issued to the Department of Family and Community Services.

What is a Subpoena?

A subpoena is a court order, issued at the request of a party involved in a court proceeding. Subpoenas are issued in both criminal and civil matters by any State or Federal court. Parties to court proceedings, who require child protection, disability, housing, administrative or employment documents must provide $100 cheque or money order made out to the Department of Family and Community Services for conduct money and issue the subpoena with AT LEAST 10 CLEAR WORKING DAYS notice to:

In person to the security desk on the ground floor:

The Proper Officer, FACS Legal
Department of Family and Community Services
4-6 Cavill Avenue, ASHFIELD, 2131

OR

The Proper Officer
FACS Legal
Department of Family and Community Services
DX 21212
ASHFIELD
The Proper Officer
FACS Legal
Department of Family and Community Services
Locked Bag 4028
ASHFIELD NSW 2131
Subpoenas put in the DX or post can be sent electronically (with a copy of the cheque or money order) to subpoenas@facs.nsw.gov.au.Please describe in the schedule what documents are sought. If you require information about a person, a date of birth allows accurate identification.

Any questions about subpoenas to be served on FACS– please send an email to the above address, or call 9716 2310.

Subpoena for production

When a subpoena for documents is issued the requested material will be sent directly to the nominated court.

Subpoena for an officer to give evidence

When a subpoena is issued for a FACS’ employee to attend and give evidence, the subpoena must be served directly on the officer concerned. Reasonable expenses, as negotiated with the officer or the officer’s manager, must be paid ahead of time.

Additional Processing charges

The basic conduct money of $100 covers files up to 250 pages. If more than 250 pages are covered by the schedule an additional processing charges of 0.25c a page is charged. Courier costs are also recovered. If you wish to be notified where more than 250 pages are identified, you must set this out in the covering letter which accompanies the subpoena. Please also clearly give a contact officer’s name and phone number for any queries which may arise.

Please see Government Gazette Notice dated April 2016 for additional information.

FACS Legal Services – information correct as at October 2017