Chick and Comcare (Compensation)

This matter concerned an objection by Dr Sharman to a summons issued to him requiring the production of all records relating to the applicant, Dana Maree Chick. Dr Sharman sought to have the summons set aside on the grounds that it constituted an abuse of process. The Deputy President of the Administrative Appeals Tribunal was required to consider the principles governing the issuance and setting aside of such summonses.

The primary legal issue was whether the summons issued to Dr Sharman was overly broad and oppressive, thereby constituting an abuse of process. This required the Tribunal to consider the established principles regarding the use of subpoenas and summonses in court proceedings, particularly in the context of third-party production of documents. The Tribunal also had to consider the relevant provisions of the *Administrative Appeals Tribunal Act 1975* and the *Administrative Appeals Tribunal Regulation 2015* concerning the power to summon and the payment of fees and allowances for compliance.

The Deputy President reiterated the principles established in *Hatton v Attorney-General (Cth)* and *Waind and Hill*, which outline a three-step process for the use of documents produced under a subpoena: compliance with the subpoena, the judge's decision on preliminary use, and admission into evidence. The Tribunal noted that summonses should not be used in a broad or oppressive manner. While the *Administrative Appeals Tribunal Act* grants the power to summon persons to give evidence or produce documents, the associated regulations specify fees and allowances for compliance, with exceptions for parties to the proceeding unless the Tribunal orders otherwise. The Tribunal's power to refuse a request for a summons was also noted.

The Deputy President ultimately dismissed Dr Sharman's objection. The Tribunal found that the summons was not an abuse of process, and Dr Sharman was required to comply with it. The Tribunal also made directions regarding the payment of fees and allowances for Dr Sharman's compliance with the summons.