Family Violence Protection Act 2008

If for any reason it is not practicable to serve a document in the manner required by section 202, a court may make an order for substituted service so that, instead of service in accordance with section 202, such steps be taken as the court specifies for the purpose of bringing the document to the notice of the person to be served.

An order under subsection (1) may not be made with respect to the service of—

a family violence safety notice; or

any document that is required under this Act to be served on a person who is a child.

The court may make an order for substituted service on the application of a party to the proceeding or on its own motion.

Without limiting any matter to which the court may have regard in deciding whether to make an order under subsection (1) or the steps to be specified in the order, the court may have regard to the following—

any risk to the safety of the affected family member, the protected person or any other person of any delay in service of the document;

the nature and number of any previous attempts to serve the person;

any reason that personal service is not practicable;

the manner of service proposed and the likelihood that it will bring the document to the attention of the person to be served;

any evidence that the person to be served has been deliberately avoiding service;

any impairment or vulnerability of the person to be served;

any known view of the protected person or affected family member on—

the manner of service proposed; and

the likelihood that it will bring the document to the attention of the person to be served; and

any risks to the safety of the protected person or affected family member.

If the court makes an order under subsection (1), the court may order that the document be taken to have been served—

on the happening of any specified event; or

on the expiry of any specified time.