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Alternative access: Other ways to gain access to documents

The information you seek might be available through an Administrative Access Scheme. Most agencies have some information available without having to apply under FOI. Contact the relevant agency to find out if the information you are seeking is available through an Administrative Access Scheme or other scheme. For example, if you are involved in court proceedings you may be able to obtain information through one of the following:

Subpoena

If you are involved in District or Supreme Court proceedings (criminal or civil), you can have a subpoena issued requiring a person to produce a document or item to the court. A subpoena may be issued (and served) to a person who is a party to the proceedings or a person who is not a party to the proceedings.

If you are a party to court proceedings and you wish to obtain documents or an item held by a government body that is relevant to the proceedings, you can issue a subpoena to them to produce the document or item at court.

A person who is served with a subpoena may have grounds to object to the document or item being produced to the court. There are a number of grounds for objection including:

If a person objects to the document or item being produced, the judge will decide whether or not it is to be produced.

In criminal proceedings, the rules relating to subpoenas are found in the

Criminal Practice Rules 1999 (Rules 29 to 40) (1MB pdf). In civil proceedings, the rules relating to subpoenas are found in the Uniform Civil Procedure Rules 1999 (Rules 414 to 422) (2.2MB pdf).

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Summons

A summons is similar to a subpoena; it is the document that is issued in Magistrates Court proceedings requiring a person to give evidence or produce a document.

If you are a party to court proceedings in a Magistrates Court and you wish to obtain a document or an item held by a government body that is relevant to the proceedings, you can have a summons issued (and served on them) requiring them to produce the document or item at court (s.83 Justices Act 1886).

A person who is served with a summons may have grounds to object to the document being produced to the court. A person can object to a document being produced on a summons on the same grounds as applies to subpoenas.

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Section 134A of the Queensland Evidence Act

If you are a party in civil proceedings, under section 134A of the Queensland Evidence Act 1977 you can apply to a government body to produce for your inspection documents that are in their possession and are relevant to an issue in the proceedings. You will be required to pay a fee of $33.95 per hour to inspect the documents and to pay prescribed fees to copy a document (section 5 Evidence Regulation 2007 (329kB pdf)).

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Notice of Non-Party Disclosure

In civil proceedings, a party to a proceeding may issue a Notice of Non-Party Disclosure to a person who is not a party to the proceedings. A notice requests a person to produce a document that is relevant to an issue in the proceedings and is in their possession or control; it must also be a document they would be required to produce at trial (Rule 242 Uniform Civil Procedure Rules 1999).

A person who has been served with a Notice of Non-Party Disclosure may object to producing some or all of the documents mentioned in the notice. There are a number of grounds for objecting including:

If an objection is made, the judge will decide whether or not it is to be produced.

If you are a party to civil proceedings and you wish to obtain documents or an item held by a government body that is relevant to the proceedings, and which they would be required to produce at trial, you can issue a Notice of Non-Party Discovery to them to produce the document or item at court.

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Last updated May 6, 2008