Subpoenas And Other Production of Document Requests
Queensland Health Legal Branch is authorised by the Director-General to accept service of subpoenas, summonses, and other requests for production of documents such as notices of non-party disclosure.
If you require Queensland Health records for court proceedings, please review the following information to ensure your request is submitted correctly and contains sufficient information to enable it to be processed.
Please note - Legal Branch does NOT accept service of subpoenas or summonses that compel attendance at a court hearing for the purpose of giving evidence. In those circumstances the subpoena or summons will need to be addressed to the specific individual who is required to attend (not the Director-General), and suitable arrangements made to effect service at that person’s workplace.
Addressee and service requirements
Subpoenas, summonses and notices requiring the production of documents must be addressed to:
Director-General, Queensland Health
c/o- Legal Branch
33 Charlotte Street
Brisbane Qld 4000
Queensland Health accepts service by email at: LU_Subpoenas@health.qld.gov.au. Electronic service is preferred. Please note - you do not need to provide Queensland Health with a paper copy of a subpoena, summons or notice that has already been served by email.
If you need or opt to serve by post, please send the request to:
Director-General, Queensland Health
c/o- Legal Branch
GPO Box 48
Brisbane QLD 4001
In doing so, please be mindful of Australia Post’s Express Post Standard Delivery Timeframes and allow additional time in case of delivery delays.
Information, relevance, and timing requirements
All requests for production of documents must identify the full name and date of birth of the person to whom the records relate and the applicable date range for the records sought.
As patient and other operational records are not centrally held, requests for production of documents received by Queensland Health Legal Branch are forwarded to relevant Hospital and Health Services (HHS) and / or the Queensland Ambulance Service (QAS) to action. We therefore require parties requesting documents to identify the specific HHSs, hospitals, health services facilities, or geographic location of the hospitals or facilities that are considered likely to hold relevant records. A complete list of the 16 HHSs and their facilities can be accessed via this link.
In addition to the above requirements, requests must also comply with any relevant rules of the court, tribunal or commission and parties should only seek documents relevant to the matters in dispute in the proceedings. Sufficient information must be provided to Queensland Health to allow relevance to be assessed. At a minimum that would include identifying the matters in dispute in the proceedings and providing an explanation as to how the documents sought are relevant to those matters. For example:
- For criminal proceedings, the information should include a copy of the bench charge sheet or a description of the charges to be answered by the defendant.
- For civil proceedings, a copy of the pleadings (claim, defence, reply, etc.) must be provided.
There may be a delay in, or Queensland Health may object to, producing documents if you do not provide sufficient information, if the scope of your request is too broad, or if you do not comply with relevant legal requirements.
Unless a shorter statutory timeframe or order applies, please allow at least 21 clear days for Queensland Health to process the request for documents.
Conduct money and reasonable costs
Under specific court rules you may be required to provide conduct money at the time of serving the subpoena or within a reasonable time before the due date for production of documents. In addition, you may also be liable to pay Queensland Health’s reasonable costs in complying with the request. QAS and / or the HHS(s) to whom your request is forwarded will contact you to advise what costs are payable and how payment is to be made.
If you have any queries regarding the above, please contact the Queensland Health Legal Branch on lu_subpoenas@health.qld.gov.au.