Service of protection orders
70C Service of protection orders
If a court makes a protection order, the registrar must—
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
if the order is not an interim order—serve a copy of the order on the respondent; and
give a copy of the order to—
each other party to the proceeding; and
the chief police officer; and
the registrar of firearms; and
if a party to the proceeding is a child—the child’s parent or guardian; and
if a party to the proceeding has a disability guardian—the guardian; and
anyone else the court is satisfied has a relevant interest in the proceeding who does not already have a copy of the order.
Section 108 provides for service of an after-hours order.
Section 70F contains provisions about giving a document to a child or the child’s parent or guardian.
If the registrar serves a special interim order on a person, the registrar must also give the person a notice telling the person that—
the respondent may apply to the court for review of the order under section 87 (Special interim orders—application for review); and
if a preliminary conference in relation to the application for the protection order is held and a consent order is not made—the court will set a return date for a hearing to decide the application for the final order after all related charges are finalised.
Service under subsection (1) (a) must be personal service unless—
the respondent is present when the protection order is made; or
a court makes an order under section 70A (2).
The failure of the registrar to comply with subsection (1) (c) (iv) or (v) does not affect the validity of the protection order.
This Act’s bill:Explanatory statementSecond reading speech
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