1. Before you apply to QCAT
Use the below form to request QCAT to issue a notice requiring a witness to attend a hearing or produce a document/thing at the hearing. If a witness is willing to attend or produce a document at your final hearing you do not need to apply to QCAT using this form.
If you believe a witness should attend your final hearing to provide evidence or produce documents and the witness has refused to attend, you can request QCAT to issue a notice ordering this person to do so. Only QCAT can order a person to attend a hearing or to produce documents at a hearing by issuing an attendance notice. For further information please consider s97 of the Queensland Civil and Administrative Tribunal Act 2009 in relation to issuing notices requiring a witness to attend a hearing or produce a document/thing at a hearing.
Before applying you must ensure the request you are making is clear and concise. QCAT does not conduct what is called a ‘fishing expedition’ by directing witnesses to attend a hearing or provide voluminous amounts of material at a hearing without clear reasons for doing so. You should provide as much detail as possible about the reasons for your request with sufficient supporting material (if required).
2. What else do I need to do make this application?
You must make this application with sufficient time before a QCAT hearing date.
QCAT may not issue the notice to produce or attend if there is insufficient time before a hearing for a notice to be issued.
For example, applications should be submitted at least two weeks before the hearing or as otherwise directed by QCAT.
Please note you must pay the appropriate fee to make this type of application. (Credit card authorisation form for mail payments)
For every witness you request QCAT to direct to attend or produce documents/things, you are required to pay the administrative fee of $41.00.
(For example: If you request 3 witnesses to attend a hearing or produce material at the hearing the cost will be $41.00 x 3 = $123.00)
You must pay the prescribed fee or the application may not be considered by the Tribunal.
4. Complete and lodge this form
To make an application for notice requiring witness to attend a hearing or produce document/thing at a hearing complete and lodge the appropriate application form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
Form 38 - Hearing notices: application for notice requiring witness to attend a hearing or produce document/thing at a hearing
5. How to lodge your application
When filing the application, you are required to file the application and supporting material along with three copies in one of the following ways:
MINOR CIVIL DISPUTES
CHILD PROTECTION REVIEWS
ALL OTHER CIVIL CASES
6. Giving your application to the other parties
At the time of filing your application at QCAT, you should also immediately give a copy of the application to the other parties.
You must provide evidence to QCAT that you have given the other parties your application. For example, if you email the application to QCAT ensure you copy the other parties into the email so QCAT can identify you have served all parties.
If your matter relates to certain matter types you do not need to give a copy of the application to the other parties in those cases. QCAT will provide the other parties with a copy. The matters include those made under the following laws:
- Adoption of Children Act 1964
- Child Protection Act 1999
- Disability Services Act 2006, section 178(9)
- Education and Care Services Act 2013
- Education and Care Services National Law (Queensland)
- Working with Children (Risk Management and Screening) Act 2000
7. What happens next?
After you have submitted your application request, QCAT will seek the views of the other parties if required.
QCAT will then consider the application and decide whether to grant your request.
Once a decision has been made by QCAT, the registry will email or post you a copy of the directions or decision with the outcome.
If your notice to attend or produce application is approved, you are required to provide a copy of the decision to the third party who is required to attend or produce so they can comply.