Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 184A

184A Substituted service

(1) This section applies if, under this Act, a document is required to be personally served on a respondent by a police officer and the court is satisfied that—

(a) reasonable attempts have been made to personally serve the document on the respondent; and

(b) serving the document in another way is—

(i) necessary or desirable to protect the aggrieved; and

(ii) reasonably likely to bring the document to the attention of the respondent.

(2) The court may make an order substituting another way for a police officer to serve the document on the respondent (a
"substituted service order" ).

(3) The court must, in the substituted service order, state the circumstances in which the document is to be taken to have been served on the respondent, including, for example—

(a) when a document served by post or electronic communication is to be taken to have been served; or

(b) that the circumstances are—

(i) on the happening of a stated event; or

(ii) at the end of a stated time.

(4) The court may make a substituted service order for the document—

(a) on its own initiative; or

(b) on the application of a party to the proceeding to which the document relates; or

(c) on the application of a police officer.

(5) When a police officer serves a document on a respondent under a substituted service order, the police officer must, unless it is not reasonable in the circumstances—

(a) give a copy of the document to the respondent; and

(b) explain to the respondent—

(i) what the document is; and

(ii) the nature and effect of the document.