Issuing subpoenas, warrants and other court orders

The following information is to assist persons issuing or serving a subpoena, warrant or other court order (Process) on Ahpra or a National Board. We ask that you read it before you engage in a Process. This will help us to process the return of documents in a timely way. Where the applicable rules have not been complied with, we will let you know, and this may affect the time taken to process requests.

Responses for all non-party Processes served on Ahpra and the National Boards are coordinated by the National Information Release Unit (NIRU).

Service

Each Process should be addressed to the Proper Officer, National Legal Services, Australian Health Practitioner Regulation Agency.

Please consider contacting the NIRU to generally discuss your request before issuing a Process. We may be able to assist you to identify and describe the type of information that we hold before a Process is issued.

You may contact us by email at: niru@ahpra.gov.au

A Process can be served by:

• email
• post
• personal delivery.

By email

niru@ahpra.gov.au

Ahpra’s preferred method of service is by email. If you serve a Process by email, you must also send the original documents to Ahpra by post, with a cheque for conduct money attached (refer to ‘Conduct money’ below) with the exception of warrants.

By post

The Proper Officer
National Legal Services
Ahpra
GPO Box 9958
Capital city

Please note, if you serve a Process by post, we ask that you also send a copy of the documents to Ahpra by email to niru@ahpra.gov.au.

By personal delivery

You may also choose to serve the Process and the conduct money in person at any of Ahpra’s registered offices during business hours.

Melbourne
The Proper Officer
National Legal Services
Level 9
222 Lonsdale Street
Melbourne
VIC 3000

Sydney
The Proper Officer
National Legal Services
Level 51
680 George Street
Sydney
NSW 2000

Brisbane
The Proper Officer
National Legal Services
Level 4
192 Ann Street
Brisbane
QLD 4000

Adelaide
The Proper Officer
National Legal Services
Level 11
80 Grenfell Street
Adelaide
SA 5000

Perth
The Proper Officer
National Legal Services
Level 2
225 St Georges Terrace
Perth
WA 6000

Canberra
The Proper Officer
National Legal Services
Ground Floor
50 Blackall Street
Barton
ACT 2600

Hobart
The Proper Officer
National Legal Services
Level 5
99 Bathurst Street
Hobart
TAS 7000

Darwin
The Proper Officer
National Legal Services
Level 5
22 Harry Chan Avenue
Darwin
NT 0800

Conduct money

Where a Process requires the payment of conduct money, Ahpra requests that conduct money of $90.00 by way of cheque made payable to ‘Ahpra’ is provided at the time of service of a Process. This requirement does not apply to warrants.

The payment is to cover our initial costs and expenses incurred for accessing, collating and producing documents. Ahpra reserves the right to seek additional reimbursement of our costs where significant work is required to identify, retrieve and produce documents. We will notify and provide you with an estimate of costs (which may vary from the final cost) or apply to the court or tribunal for you to pay any reasonable additional costs incurred in complying with the Process.

After your service

We may contact you to confirm receipt of the Process and to obtain further information about the forensic purpose of your request.

Timeframe

Ahpra requires a reasonable timeframe to comply with a Process. In most cases this is at least 2 (two) weeks. However, we may seek an extension of the period for compliance if:

• the Process involves a large volume of documents
• documents are held in archives
• documents contain sensitive material which must be reviewed before release.

Document schedule

A Process must clearly identify the scope of the documents to be produced to the court or tribunal. Where possible the Process should specify a date period for documents and identify the individual’s full name, aliases, date of birth and registration number if relevant.

We will conduct searches on our readily available records and databases. If materials are to be recalled from electronic or hard copy archives, we will prepare an estimate of the likely time and cost necessary to complete the search.

Please note that Ahpra and the National Boards do not ordinarily hold details of registered health practitioners’ professional indemnity insurer.

Objections

Ahpra may apply to the court or tribunal to set aside a Process in whole or in part where, for example, the Process is oppressive or unduly burdensome, lacks a legitimate forensic purpose or where the public interest weighs against disclosure of documents.

We will only object to a Process as a last resort and will, where practicable, first seek to work with the issuing party to address our concerns. For example, we may suggest narrowing the scope of documents sought to avoid the need to raise an objection.