Summons to Witness (Form AS11)

Section 343 of the Workers Compensation and Injury Management Act 2023 (WA) lets the Registrar or an arbitrator issue a summons requiring a person to attend before an arbitrator. Rule 34 of the Arbitration Rules 2024 requires the summons to be in the approved form (AS11). If it is issued at a party's request, that party must give it to the witness personally (r 68) at least 7 days before the attendance date (r 34(2) and (3)). The witness does not have to comply unless it was given that way and any prescribed witness allowance was paid when it was given or a reasonable time before attendance (r 34(4)). Failing to comply with a summons without reasonable excuse is an offence with a fine of up to $5,000 (s 386).

When you need it

• You are a party to an arbitration and need a witness to attend who will not come voluntarily.
• You have the arbitrator's leave, where required, to call oral evidence. An interlocutory application (AS7) is the usual way to seek leave to call oral evidence, including from a medical practitioner.
• You have been served with an AS11 and want to know what it requires.

1. 1

   Section A - case details

   Enter the case number, the applicant and the respondent.

2. 2

   Section B - witness details

   Give the witness's full name and address, and the time (WA time), day, date and place they must attend before the Registrar or arbitrator.

3. 3

   Section C - issued at the request of

   Name the party at whose request the summons is issued.

4. 4

   Sections D and E

   Section D has a signature and date block, and Section E is signed and dated by the Registrar or arbitrator when the summons is issued.

• Lodge the completed summons with the Arbitration Service for issue, through WorkCover WA Online unless you are EDS exempt (rr 61-63). Exempt parties can use arbitration@workcover.wa.gov.au, deliver it to 2 Bedbrook Place, Shenton Park WA 6008, or post it.
• Once issued, give the summons to the witness personally at least 7 days before the attendance date, unless an arbitrator or the Registrar extends or shortens that time (r 34; notes on the form). Personal service means leaving it with the person, or putting it down in front of them and explaining what it is if they refuse it (r 68).
• Pay or tender the prescribed witness allowance when you give the summons or a reasonable time before attendance (r 34(4)(b)).

• Leave enough time. Count 7 clear days before the hearing when booking the hearing date and arranging service.
• Bring the witness allowance with you when serving, so there is no argument the witness was not required to attend.
• If a document or record is what you need, an order for production (AS10) under s 341 may be the better tool.