The External Information Access Unit (EIAU) of the NSW Police Force is the authorised unit responsible for recording, processing, assessing and disseminating all valid criminal and civil Subpoenas issued to the Commissioner of Police, NSW Police Force.
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 New South Wales Police documents may choose to refer to the relevant court process for subpoenas, see hyperlinks below:
- Local Court Subpoena Process
- NSW District Court
- Supreme Court of NSW
- Family Court of Australia
- Federal Circuit Court
- Federal Court of Australia
- Interstate Subpoenas - refer Part 3 Federal Register of Legislation
- NSW Civil and Administrative Tribunal (NCAT)
- Uniform Civil Procedure Rules 2005 - Reg 33.1
Note that all criminal and civil Subpoenas must be issued to the Commissioner of Police, NSW Police Force and clearly describe the records that are to be provided to Court. The subpoena can served by hand or by post (refer How to Serve a valid Subpoenas below).
Types of Subpoena
Subpoena For Production
When a subpoena for documents is issued the requested material will be sent directly to the nominated court.
Subpoena To Give Evidence
When a subpoena is issued for a police officer to attend and give evidence, the officer will attend court on the nominated date.
In the case of a Civil Subpoena, reasonable expenses, as determined by the police officer’s Command or Unit, must be paid prior to the date the officer is to attend court.
The subpoena must display the Court Seal, however subpoenas issued by a Local Court, can either display the Court Seal or be signed by the Registrar or both. Supreme and District Court subpoenas must display the Court Seal and be signed by the Registrar.
How To Serve a Valid Subpoena?
A valid subpoena must be issued to the New South Wales Commissioner of Police and accompanied by payment of conduct money.
The amount payable to the NSW Police Force as conduct money, is set out in the current "User Fees & Charges Schedule" under "Subpoena Processing – Conduct Money". Conduct money can be paid by one of the following:
- Cheque payable to NSW Police Force
- Money order payable to NSW Police Force or
- Credit Card (Visa or Mastercard only)
(Credit card payment form)
Service of Subpoenas
The subpoena should be served no later than the last date for service nominated by the court or within the legislated time frame, using any of the following methods:
Hand Deliver to the
NSW Police Headquarters
1 Charles Street
Parramatta, NSW 2150
The External Information Access Unit
Locked Bag 5102
Parramatta, NSW 2124
(02) 8835 6822
(Note - contact should be made with the EIAU to ensure receipt – Tel No 8835 6888).