How an Application is Served
A completed application for an Intervention Order must be given to the Respondent personally. This is called ‘serving’ the application.
The Court sends your application, and any orders made, to the police station closest to where the Respondent lives. The police then attempt to serve these in person on the Respondent (if the Respondent is present at Court when an order is made, a Registrar can serve it immediately on the Respondent).
Intervention Orders are not active until police serve them on the Respondent personally. Police then explain to the Respondent what the Intervention Order means, including the consequences of breaching the order. Police then file with the Court a ‘Certificate of Service’, which proves they have served the order.
If police cannot find the Respondent, they will file a ‘Certificate of Inability to Serve’, explaining why this has happened. If police believe the Respondent is avoiding them, they can apply for a ‘Substituted Service Order’. This allows police to seek the Magistrate’s permission to serve the order in another way. This can include posting the order to the Respondent, leaving it in a letterbox, or giving the order to another person in contact with the Respondent.
When applying for a Substituted Service Order, police must prove to the Court that it will result in the Respondent being made aware the order has been served on them.