Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Division 4.4A Service of documents
64A Personal service of application on respondent
(1) An application for a protection order and timing notice must be served personally on the respondent.
(2) However, if personal service is not reasonably practicable, the court may order that the application be served in a way, stated in the order, that the court considers is likely to bring the application and timing notice to the attention of the respondent.
64B Dismissal of application for non-service
The Magistrates Court may dismiss an application for a protection order if satisfied that—
(a) the application cannot be served on the respondent in accordance with section 64A; and
(b) no alternative way of service would be effective to serve the application on the respondent; and
(c) the respondent has not intentionally avoided service.
64C Service of protection orders
(1) If the Magistrates Court makes a protection order, the registrar must—
(a) if the order is an interim order—serve 2 copies of the order (1 marked as the endorsement copy) on the respondent as soon as practicable; and
(b) if the order is not an interim order—serve a copy of the order on the respondent; and
(c) give a copy of the order to—
(i) each other party to the proceeding; and
(ii) the chief police officer; and
(iii) the registrar of firearms; and
(iv) if a party to the proceeding is a child—the child's parent or guardian; and
(v) if a party to the proceeding has a disability guardian—the guardian; and
(vi) anyone else the court is satisfied has a relevant interest in the proceeding who does not already have a copy of the order.
Note Section 64F contains provisions about giving a document to a child or the child's parent or guardian.
(2) Service under subsection (1) (a) must be personal service unless—
(a) the respondent is present when the protection order is made; or
(b) a court makes an order under section 64A (2).
(3) The failure of the registrar to comply with subsection (1) (c) (iv) or (v) does not affect the validity of the protection order.
64D Self-represented parties
(1) This section applies if a party to an application for a protection order is not represented by a lawyer.
(2) Unless the Magistrates Court requires a document to be served by a police officer, the registrar must serve any document required to be served by the self-represented party.
(3) Any address for service given to the Magistrates Court must not be given to the other party without the self-represented party's consent.
64E Service of documents by police
The Magistrates Court may direct that a document required to be served on someone be served by a police officer.
64F Giving documents to child or child's parent or guardian
(1) If a document is required to be given to a child, it must not be given at or near the child's school unless there is no other place where the document may be reasonably given to the child.
(2) If a document is required to be given to a child's parent or guardian—
(a) the document need not be given if the parent or guardian is also a party to the application or proceeding; and
(b) the court may order that the document is not required to be given if satisfied that—
(i) giving the document is not reasonably practicable; or
(ii) there are circumstances that justify the document not being given.
Examples—subpar (ii)
1 the child is estranged from the child's parent
2 there would be an unacceptable risk to the child's safety if the parent or guardian was given the document
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(3) In this section:
"guardian" includes a disability guardian.