Summons to Produce Documents

Section 66(1)(b) of the State Administrative Tribunal Act 2004 (WA) lets the Tribunal, by summons signed on its behalf by the executive officer, require a person to produce any document or other material before it, at a party's request or on its own initiative. A summons can require production despite privilege or public interest rules other than legal professional privilege (s 66(4)). Under r 24(1) of the State Administrative Tribunal Rules 2004 the request must be in the approved form and made at least 14 days before the summons is returnable, unless the Tribunal gives leave. The summons is served personally (r 25(2)), and the requesting party must serve a copy on each other party as soon as practicable afterwards (r 25(3)). Documents produced may be inspected and copied by each party unless the Tribunal orders otherwise (r 24(6)).

When you need it

• You are a party to a SAT proceeding and need documents held by a third party, such as records, contracts, emails or reports, that the person will not give you voluntarily.
• The documents are needed at the final hearing. If you need them before the hearing, or there are many of them, SAT suggests seeking an order under s 35(1) of the Act instead.
• You have been served with this summons and want to produce the documents or object.

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 full name, address, suburb, postcode and telephone number of the person or organisation who holds the documents.

3. 3

   Production date

   Enter the date by which the documents must be produced to the Tribunal (the form specifies 4.30pm on that date). The summons is not valid without the Tribunal seal.

4. 4

   Document schedule

   On page 3, list each document or category of documents, one item per line (up to 20). Describe them precisely, with date ranges and subject matter, so the person can find them and the Tribunal can see they are relevant.

5. 5

   Notice of objection (for the person summoned)

   Page 4 is for the person summoned. They tick whether they object to producing the documents or to their inspection or copying, give reasons, sign, file it and serve it on the party who served them before the production date.

• Lodge the request at least 14 days before the production date, unless the Tribunal gives leave (r 24(1)(b)), through the eCourts Portal as a PDF or in person at the Registry, 565 Hay Street, Perth. A fee applies; check SAT's fees page.
• If issued, serve the summons personally on the person named (r 25(2), r 31). For a corporation, leave a copy at its registered office or principal place of business with an apparent officer or employee aged at least 16 (r 31(1)(b)). Then serve a copy on each other party as soon as practicable (r 25(3)) and lodge a Declaration of Service, as the form requires.
• The person summoned produces the documents through the eCourts Portal or at the Registry, not to the parties. Producing them to the executive officer at least 48 hours before the date in the summons means they need not attend, unless also required to give evidence or the Tribunal orders otherwise (r 24(5)).

• Target the request. A broad schedule invites an objection and delay.
• For the person summoned: the form warns that if you do not object, the parties may be entitled to inspect and copy what you produce. Any objection to production or access must be made before the production date (r 24(3)(b)).
• Originals need not be produced unless SAT specifically directs, according to Info Sheet 13.