Court documents and subpoenas

Court ordered requests

The Right to Information (RTI) and Privacy team coordinates summonses, subpoenas and other formal notices that require the Office of Industrial Relations (OIR) to produce documents and records for use in court proceedings and tribunals. The team ensures that legal processes are followed and documents are supplied within the time frames required.

A subpoena is a document issued by the court in civil proceedings, requiring attendance of a person at court to give evidence, to produce documents or to do both. You need to apply to the court for a subpoena to be issued. The courts charge fees for filing a subpoena.

If you are a party to civil proceedings and wish to obtain documents from OIR that are relevant to an issue in the proceedings, a Notice of Non-Party Disclosure may be filed.

To maximise the opportunity for OIR to provide documents, we request that:

  • notices or information requests are limited for essential purposes only
  • the scope of notices or information requests are narrow and that you seek specific documents only
  • you provide us with 21 business days to process requests.

Service of documents

Court ordered requests:

  • must be served on the Director-General, Department of Education
  • must be addressed to:

    Director-General, Department of Education
    c/- Right to Information and Privacy
    Office of Industrial Relations
    Level 11, 1 William Street
    Brisbane Qld 4000
    E: rti [at] oir.qld.gov.au
    P: (07) 3406 9983
     
  • require personal service at Office of Industrial Relations, 1 William Street, Brisbane Qld 4000.

    Note: the 1 William Street building security team require contact with the RTI and Privacy team in advance to make a mutually agreeable appointment for the service of documents. The server will be required to provide the full name and contact details of the RTI Officer that will be receiving the document to the building concierge at 1 William Street on arrival.
     
  • require a copy of the filed Claim, Statement of Claim, Notice of Intention to Defend and Defence to be provided with the documents.

Fees and payments

When you request documents for court proceedings, a fee known as ‘conduct money’ is payable.

Fees are based on time spent examining the material and inspection and/or copying documents. The fees associated with a Notice of Non-Party Disclosure are calculated in accordance with the Uniform Civil Procedure Rules 1999 or other relevant jurisdiction. Contact the RTI team on (07) 3406 9983 regarding payment options.

The Evidence Act 1977 (Qld)

If you are involved in civil proceedings, you may request documents from OIR under section 134A of the Evidence Act 1977 (Qld).

There is no prescribed time period for OIR to comply with the action.

The documents must be relevant to an issue in the proceedings and meet the requirements below:

  • Your request must be addressed to:

    Director-General, Department of Education
    c/- Right to Information and Privacy
    Office of Industrial Relations
    Level 11, 1 William Street
    Brisbane QLD 4000
    E: rti [at] oir.qld.gov.au
    P: (07) 3406 9983.
     
  • The letter should state your specific request and detail the relevance of your request in relation to the court proceedings (pursuant to s.134.A of The Evidence Act 1977).
  • A copy of the filed Claim, Statement of Claim, Defence and Notice of Intention to Defend must be included with the request so that relevance to an allegation in the proceedings can be established.
  • Personal service is not required. The request can be emailed to the RTI and Privacy team at rti [at] oir.qld.gov.au.

For further information contact the OIR RTI and Privacy team at rti [at] oir.qld.gov.au or (07) 3406 9983.

Last updated 09 June 2021