• Not complying with a notice to attend

    If you do not comply with any of the requirements contained in our notice to attend an interview when you are capable of doing so, you may be prosecuted.

    Prosecution will not be considered if we decide you were incapable of complying with the requirements of the notice – for example, you may have been overseas or hospitalised at the relevant times. However, you will not avoid prosecution by taking steps to make yourself incapable of complying after you have received the notice.

    If you are not able to produce documents because another party holds them under a court order, you must notify us of that fact before the interview day or you may still be required to attend the interview.

    Example – Insufficient reason

    After receiving our notice to attend an interview, Nigel books a two-week holiday in Bali to avoid being present in Australia at the time specified for the interview.

    Nigel's claim that he was overseas at the time may not justify his non-attendance and prosecution may be recommended in these circumstances.

    Example – Sufficient reason

    After receiving our notice to attend an interview, Elizabeth is admitted to hospital for heart bypass surgery and is still recuperating in hospital on the date specified in the notice.

    Elizabeth is incapable of complying with the requirements of the notice.

    We would liaise with Elizabeth upon her discharge from hospital about another time for the interview.

    End of example
      Last modified: 26 Jul 2016QC 37592