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Legislative Assembly for the ACT: 1995 Week 11 Hansard (14 December) . . Page.. 3154 ..

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Magistrates are now officers appointed by the Government of the Australian Capital Territory and it is appropriate that this provision is amended to bring it into line with current requirements for officers of the Territory such as are provided for under our Public Sector Management Act 1994.

The Bill inserts a new procedure to bring a witness to the Court. The informant of a charge which may be heard summarily may request a person to appear as a witness for the prosecution by means of a letter containing notice of the time and place of the hearing, a returnable undertaking to appear and a form for a claim by the person for the reasonable expenses of appearing. The letter is to be delivered by the form of postal transmission which requires that the recipient sign for the letter.

The Bill amends the requirements relating to service of a summons requiring a person to appear to give evidence. This would allow a summons to be delivered by a form of postal transmission which requires that the recipient sign for the receipt of the item, or by personal service, or by leaving of a copy of the summons with a responsible adult at the last known place of residence or employment of the person. The informant, generally a police officer, will be given a wider choice in serving a witness summons according to his or her estimation as to the willingness or otherwise to appear of the person required as a witness.

The Bill also provides that, where a person has been notified of the time and place of the hearing and has been requested to appear, has given an undertaking to appear or has been summoned to appear, and does not appear, a warrant may be issued by the Court to have the person brought before the Court to give evidence.

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