Summons to Give Oral Evidence

Section 66(1)(a) of the State Administrative Tribunal Act 2004 (WA) lets the Tribunal, by summons signed on its behalf by the executive officer, require any person to attend before it, either on its own initiative or at a party's request (s 66(2)). Under r 24(1) of the State Administrative Tribunal Rules 2004, a request must be made in the approved form at least 14 days before the date the summons is returnable, unless the Tribunal gives leave. The requesting party must serve the summons by personal service (r 25(1) and (2)) and provide sufficient conduct money (r 25(4)). Failing to comply without reasonable excuse is an offence with a penalty of $5,000 (s 96), and the Tribunal may issue a warrant for the arrest of a person who fails to attend (s 102).

When you need it

• You are a party to a SAT proceeding and need a witness at the final hearing who is, or may be, unwilling to come voluntarily.
• The witness is usually a third party. SAT's Info Sheet 13 explains that summonses are not usually directed to the parties, who are normally required to file witness statements.
• You have been served with this summons and want to object (use the Notice of Objection on page 3).

1. 1

   SAT matter details

   Enter the matter number (for example CC 123 / 2015), the matter name if applicable, and the name of the person requesting the summons.

2. 2

   Person summoned

   Give the witness's full name, address, suburb, postcode and telephone number.

3. 3

   Details of summons

   Enter the date, time and address at which the witness must attend to give evidence. The summons is not valid without the Tribunal seal.

4. 4

   Notice of objection (for the witness)

   Page 3 is for the person summoned. They give their details and reasons for objecting, sign and date it, file it with the Tribunal and serve it on the party who served the summons before the attendance date.

• Lodge the request at least 14 days before the attendance date, unless the Tribunal gives leave for a later request (r 24(1)(b)).
• Lodge it on your matter through the eCourts Portal as a PDF, or in person at the Tribunal's Registry, 565 Hay Street, Perth (notes on the form). A fee applies; check SAT's fees page.
• If the Tribunal issues the summons, serve it personally on the witness (r 25(2)). For an individual that means leaving a copy with them, or putting it down in their presence and telling them what it is if they refuse it (r 31). Give a copy to any other party, as the form directs.
• Provide conduct money when you serve it (r 25(4)). Practice Note 11 explains how to calculate it. After service, lodge a Declaration of Service through the eCourts Portal or at the Registry, as the form requires.

• Ask the witness first. Info Sheet 13 says you should try to get the evidence voluntarily before requesting a summons.
• Work out conduct money under Practice Note 11: return public transport fares (at least $10), economy airfare, or the Public Service Award vehicle allowance, plus accommodation and meals where needed.
• A witness who objects can apply to set the summons aside before or at the hearing (r 24(3)(a)), but should come ready to give evidence in case the objection fails.