Subpoenas and court documents

What are subpoenas?

Subpoenas are legal documents issued by a court that require a person to:

• attend court to give evidence
• produce documents or other items
• do both.

Types of subpoenas

The two main types of subpoenas relevant to youth justice:

1. Subpoena to attend court – requires a person to give evidence.
2. Subpoena to produce documents – requires the production of specific records.

Subpoenas can also be referred to in some courts as a Notice to Produce.

Youth justice records

Youth justice records may include:

• case plans and assessments
• notifications of suspected harm
• referrals and correspondence
• restorative justice conference reports.

Sensitive information, such as the identity of notifiers or third parties, may be redacted in accordance with the Child Protection Act 1999, Youth Justice Act 1992 or other privacy legislation.

How to draft a subpoena or notice

To help us process your request efficiently and in accordance with legal requirements:

• only request essential documents
• be specific about the documents you need and date ranges
• correctly address your subpoena or notice
• allow at least 21 clear days for processing.

How to address your subpoena or notice

A subpoena must be served on an individual, not an organisation or department. For example, if you wish to subpoena youth justice records, you must issue your subpoena to the Director-General.

Address all requests to:

The Director-General
Department of Youth Justice and Victim Support
GPO BOX 7096
BRISBANE QLD  4001

We cannot process incorrectly addressed notices.

Service by email

We recommend sending subpoenas and related correspondence via email to subpoena@youthjustice.qld.gov.au.

Service by post

If you send documents by post, allow at least 1 week for delivery to account for possible delays.

The department is not responsible for postal service timelines.

Important reminders

• Address your notice correctly and follow legislative timeframes.
• Provide accurate contact details, including your address, email, and postal information.
• It is your responsibility to ensure your notice is served correctly.
• The department reserves the right to contest or dispute any subpoena on the grounds of privilege, legislative confidentiality provisions, oppressiveness, abuse of process or non-compliance.
• The department reserves the right to seek conduct money depending on the circumstances of each subpoena issued.

Legal obligations

• Subpoenas must be issued for a legitimate forensic purpose.
• Documents are produced to the court, not directly to the issuing party.
• Disclosure outside the proceedings is strictly prohibited and may lead to serious consequences, including but not limited to a charge of contempt of court.

Youth justice court processes

The department attends court hearings for youth justice matters and provides information to assist the court. The department is also required to provide written reports on some occasions.

Learn more about how the youth justice system works.

Contact

For enquiries, contact us at subpoena@youthjustice.qld.gov.au.

Your cooperation helps us process requests efficiently and ensures legal requirements are met.