Subpoenas and Court Documents

As directed by the Office of Industrial Relations to Queensland Public Service Entities, the compulsory Christmas/New Year closure will be from Wednesday 25 December 2024 to Wednesday 01 January 2025 inclusive.

Following this, QPS Right to Information and Privacy Services will be closed for these dates.  The office will re-open again on Thursday 02 January 2025.

Please be mindful of this office closure period when considering your Subpoena requirements.  As courts will also be closed, it is also respectfully requested that return dates for Subpoenas/Notices do not fall within this timeframe.  Should urgent service be required, in person attendance can be made to Police Headquarters at 200 Roma Street, Brisbane and arrangements will be made as necessary.

The office will re-open again on Thursday 02 January 2025.

QPS RTIPS wishes you and yours all the best this festive season.

The Subpoena Team sits within the QPS Right to Information and Subpoena Unit. This team processes summonses, subpoenas and other formal notices requiring us to produce documents and records for use in court proceedings and tribunals. The team makes sure legal processes are followed and documents are supplied within the timeframes required. If you require QPS documents for court proceedings, review the details on this page and choose the type of court to find out about the information request process and the details you’ll need to provide.

To maximise the opportunity to obtain documents, we ask you to limit notices or information requests for essential purposes only, seek specific documents only, and give us at least 21 clear days to process requests.

QPS accepts request by email: rtisubpoena@police.qld.gov.au.

We encourage service by email, and ask that you not attend in person unless absolutely necessary. We do not require hard copies of Subpoenas/Notices after they have been sent by email.

All requests must be addressed to the Commissioner of the Queensland Police Service. This is a requirement under the Police Service Administration Act 1990 and incorrectly addressed notices are invalid and will not be processed.

Please also ensure your address, email and postal correspondence is directed to the correct address and allow sufficient time for delivery. This will ensure timely and accurate relay of information to our office and ensures legal processes are followed and documents can be supplied within the timeframes required. It is the responsibility of the issuing party to ensure effective service. This includes using the correct address for service and ensuring notice given to the QPS is within relevant legislative timeframes.

For email correspondence, we encourage you to use the quick links as published on this page, to avoid entering incorrect email details. We strongly encourage the use of email for service of Subpoenas and general correspondence. However, if you elect to use post, it is important to allow sufficient time for delivery. This should include additional time to account for variables in the postal timetable, for which the QPS is not responsible. If you are using postal service only, we strongly encourage you to allow at least a week for postal deliveries.  

Your patience and support is appreciated in directing your enquiries to our business email: rtisubpoena@police.qld.gov.au.

Fees and payments

When you request documents for court proceedings, a fee known as ‘conduct money’ may be  payable and required to be paid along with service. As of 01 October 2024, the current cost is $97.80.

Where conduct money is required, QPS is not obligated to and will not process a subpoena until conduct money is paid.  

If conduct money is not required to be paid at the time of service for the type of Subpoena/Notice you are serving, the reasonable costs of compliance are still likely to still be payable. The QPS practice is to charge the equivalent of the standard 'conduct money' fee and we will likely issue a BPOINT link as we commence processing. This provides consistency, clarity, and an inexpensive resolution of reasonable costs claims. Please note however, that if processing the Subpoena/Notice is large, complex or time consuming, additional charges may apply, and we will contact you if this arises. In addition, should a court hearing or preparation be required to resolve a reasonable cost of compliance issue, we will also seek recovery of such costs.

Payment can be made by cheque or money order payable to the Queensland Police Service, or preferably by BPOINT.  If paying by BPOINT, an electronic link will be sent to you after your Subpoena/Notice has been served.

Magistrates Court & Children’s Court matters

Queensland Police Service - requirements

If you are a party to proceedings in a Magistrates Court and you wish to obtain records held by the QPS that are relevant to the proceedings, you may obtain a:

• Summons of a witness issued by a Justice of the Peace
• Subpoena issued by the court.

Please note that a Commissioner for Declarations is not authorised to issue a summons of a witness.

The summons or subpoena must be:

• Addressed to the ‘Commissioner of the Queensland Police Service’;
• Clearly describe the records that are to be provided to the court; and
• Served on the Commissioner's authorised representative at Queensland Police Headquarters or via email as specified above on this website.

It is important that you understand that a summons or a subpoena requires the Commissioner to produce records directly to the court. To inspect the records produced you will need to apply to the court.

If you require a person such as a police officer to give verbal evidence you must address a summons or subpoena to the individual officer and serve it at the officer’s usual place of duty. Please contact the officer’s station to arrange a time for service.

If you require a person to produce records (e.g. a police notebook) as well as give verbal evidence, you must serve two separate summonses or subpoenas:

• one on the officer to attend
• one on the Commissioner to provide the records.

If you intend to serve a summons or subpoena, it is your responsibility to ensure valid service within the specified timeframe. It is not the Commissioner’s policy to waive statutory obligations regarding valid service.

Depending upon the matter to be heard by the court, you may be required to provide conduct money (i.e. witness expenses) to the person being served with the summons or subpoena.

Magistrates Court – requirements

Summons of a witness (Form 10)

• Must be addressed to ‘The Commissioner of the Queensland Police Service’.
• Required to be issued by a Justice of the Peace (not a Commissioner for Declarations).
• If you need to serve a summons on a particular officer of the Queensland Police Service, you must address the summons to the individual officer and serve it at the officer’s usual place of duty. Please contact the officer’s station to arrange a time for service with the individual officer.
• Contact details should be supplied in case we need to contact you.

Criminal subpoenas (Form 10)

• Must be addressed to ‘The Commissioner of the Queensland Police Service’.
• Must be sealed (stamped) by the court.

Civil subpoenas

• Must be addressed to ‘The Commissioner of the Queensland Police Service’.
• Must be sealed (stamped) by the court.
• Requires conduct money.

Domestic and Family Violence Protection (Form DV 22 – Subpoena)

• Must be addressed to ‘The Commissioner of the Queensland Police Service’.
• Required to be signed and sealed by Magistrate/Judicial Registrar (or for the Registrar).

Children’s Court – requirements

• Must be addressed to ‘The Commissioner of the Queensland Police Service’.

Useful references – Justices Act 1886, Justices Regulation 2004, and Uniform Civil Procedure Rules 1999.

District & Supreme matters

Queensland Police Service - requirements

If you are a party to proceedings in the above courts and you wish to obtain records held by the QPS that are relevant to the proceeding, you may obtain a subpoena issued by the court. The subpoena must be:

• Addressed to the ‘Commissioner of the Queensland Police Service’;
• Clearly describe the records that are to be produced to the court; and
• Served on the Commissioner's authorised representative at Queensland Police Headquarters or via email as specified above on this website.

It is important that you understand that a subpoena requires the Commissioner to produce records directly to the court. To inspect the records produced you must apply to the court.

If you require a person such as a police officer to give verbal evidence you must address a subpoena to the individual officer and serve it at the officer’s usual place of duty. Please contact the officer’s station to arrange a time for service with the individual officer.

If you require a person to provide records (e.g. a police notebook) to the court as well as give verbal evidence, you must serve two separate subpoenas:

• one on the officer to attend and give evidence; and
• one on the Commissioner to produce the records.

If you intend to serve a summons or subpoena it is your responsibility to ensure valid service within the specified timeframe. It is not the Commissioner’s policy to waive statutory obligations regarding valid service.

District & Supreme Court - requirements

• Must be addressed to ‘The Commissioner of the Queensland Police Service’.

Useful references – Supreme Court of QLD Act 1991, Criminal Practice Rules 1999 and Uniform Civil Procedure Rules 1999

Federal Circuit and Family Court of Australia (FCFCOA) matters

Queensland Police Service - requirements

If you are a party to proceedings in the above courts and you wish to obtain records held by the QPS that are relevant to the proceedings, you may obtain a subpoena issued by the court. The subpoena must be:

• Must be addressed to the ‘Commissioner of the Queensland Police Service’;
• Clearly describe the records required that are to be provided to the court; and
• Served on the Commissioner's authorised representative at Queensland Police Headquarters or via email as specified above on this website.

It is important that you understand that a subpoena requires the Commissioner to produce records directly to the court. To inspect the records produced you must apply to the court.

If you require a person to provide records (e.g. a police notebook) to the court as well as give verbal evidence, you must serve two separate subpoenas:

• One on the officer to attend and give evidence; and
• One on the Commissioner to produce the records.

If you intend to serve a FCFCOA subpoena it is your responsibility to ensure valid service within the specified timeframe. It is not the Commissioner’s policy to waive statutory obligations regarding valid service.

FCFCOA subpoena requirements

Requiring documents only

• Must be addressed to ‘The Commissioner of the Queensland Police Service’.
• Requires 10 clear days – not including the day of service or the day the documents are to be produced to the court (s.36 Acts Interpretation Act 1901).
• Does not require personal service.
• Requires conduct money.
• Required to be sealed by the court.
• Requires any amendments to be sealed by the court before service.

Requiring the attendance of a police officer

• Must be addressed to the relevant police officer.
• Requires 7 clear days – not including the day of service or the day the documents are to be produced to the court (s.36 Acts Interpretation Act 1901)
• Requires personal service on the officer at the officer’s usual place of duty. Please contact the officer’s station to arrange a time for service with the individual officer.
• Requires conduct money.

Requiring documents and the attendance of a police officer

• Two subpoenas are required - one for the officer to attend and one for the Commissioner to produce documents.
• Subpoena 1 must be addressed to the officer and be personally served on the officer at his/her place of work (Contact the officer to arrange a time for service). To obtain the phone number of a station, please contact PoliceLink on 131 444 or (07) 3055 6206 for interstate/mobile callers; or refer to the QPS station locator.
• Subpoena 2 must be addressed to the ‘Commissioner of the Queensland Police Service’ and served at the Queensland Police Service Headquarters, 200 Roma Street, Brisbane, QLD 4000 (s.606 Federal Circuit Court Rules 2001).
• Requires 10 clear days – not including the day of service or the day the documents are to be provided to the court (s.36 Acts Interpretation Act 1901).
• Requires conduct money.
• Required to be sealed by the court.
• Requires any amendments to be sealed by the court before service.

Useful references – Family Law Rules 2004, Federal Circuit Court Rules 2001 and Acts Interpretation Act 1901

Interstate courts

Queensland Police Service - requirements

If you are a party to proceedings that are not being held in a Queensland court and you wish to obtain records held by the QPS that are relevant to the proceedings, you may obtain a subpoena issued by the court in your state or territory.

If you intend to serve a subpoena it is your responsibility to ensure valid service within the specified time-frame. It is not the Commissioner’s policy to waive statutory obligations regarding valid service.

If you intend to serve an interstate court subpoena please see the below requirements before doing so.

Interstate subpoenas (FCFCOA)

Please see FCFCOA requirements.

Interstate subpoenas (excluding Family & Federal Circuit Court):

• Must be addressed to the ‘Commissioner of the Queensland Police Service’
• Must clearly describe the material to be produced to the court.
• Must provide 14 clear days notice (s.36 Acts Interpretation Act 1901).
• Must include a completed Form 2 ‘Notice to Witness’ attached. (see Service and Execution of Process Act 1992).

Evidence Act & Notice of Non-Party Production (Civil Proceedings Only)​

The information you seek may be available through one of the following schemes.

The Evidence Act 1977 (QLD)

Queensland Police Service - requirements

If you are involved in civil proceedings you may request documents from the QPS under section 134A of the Evidence Act 1977 (Qld). The documents must be relevant to an issue in the proceedings and you will be required to pay a fee to inspect/obtain copies of the documents.

There is no prescribed time period for the QPS to comply with the request.

Evidence Act requests requirements:

• There is no formal application form for this request. However, the application should take the form of a letter addressed to ‘The Commissioner of the Queensland Police Service’ stating your specific request and detailing the relevance of your request in relation to the court proceedings (pursuant to s.134A of The Evidence Act 1977).
• Included in your letter should be a copy of the filed Claim, Statement of Claim, Defence and Notice of Intention to Defend so that relevance to an allegation in the proceedings can be established.
• Your request should be directed to Commissioner of Police, Right to Information and Privacy (Subpoena Team).
• Fees are based on the inspection and/or copying of documents (see fees section).

Useful references – The Evidence Act 1977

Notice of Non-Party Disclosure

Queensland Police Service - requirements

If you are a party to civil proceedings and you wish to obtain documents held by the QPS that are relevant to an issue in the proceedings and which, could be ordered to be produced at a trial, a Notice of Non-Party Disclosure (NNPD) may be served on the Commissioner of the Queensland Police Service under s.242(2) of the Uniform Civil Procedure Rules 1999 or other relevant jurisdiction.

Please note that unless time constraints are an issue, you should make an application for records under s.134A of The Evidence Act 1977, instead of by a Notice of Non-Party.

Further, please also note that fees chargeable for records sought under a Notice of Non-Party Disclosure are substantially higher than records released under s.134A of The Evidence Act 1977.

Notice of Non-Party Disclosure requests requirements:

• Must be addressed to ‘The Commissioner of the Queensland Police Service’.
• Requires service in accordance with the Uniform Civil Procedure Rules 1999.
• Included should be a copy of the filed Claim, Statement of Claim, Notice of Intention to Defend and Defence.
• The notice should state the allegation in issue in the pleadings to which the document sought is directly relevant.
• Fees are based on time spent examining the material and inspection and/or copying of documents (see fees section).
• The fees associated with a Notice of Non-Party Disclosure are in accordance with the Uniform Civil Procedure Rules 1999 or other relevant jurisdiction.

Useful references – Uniform Civil Procedure Rules 1999​

Queensland Civil and Administrative Tribunal (QCAT) & Administrative Appeals Tribunal (AAT)

QCAT Notice to Produce or QCAT Direction or AAT Summonses

• Must be addressed to ‘The Commissioner of the Queensland Police Service’.
• Must be sealed (stamped) by the Tribunal.
• Requires conduct money.