Magistrates' Court (Family Violence Protection) Rules 2018

For the purposes of section 204 of the Act, the certificate must—

be made on oath or by affidavit, or certified; and

include the following particulars—

if the person completing the certificate is a police officer, the police officer's name, rank and station;

if the person completing the certificate is an appropriate registrar, the appropriate registrar's name and the location of the court;

why it has not been possible or practicable to serve the document, including details of attempts to locate or serve the person; and

if the certificate is in support of an application for substituted service, address the following matters—

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

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

details of 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 available evidence that the person to be served has been deliberately avoiding service;

details of any impairment or vulnerability of the person to be served;

details of any known view of the protected person or affected family member on the manner of service proposed, 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; and

specify each document that was to be served.

For the purposes of subrule (1)(a), the certificate may be certified only if it is completed by a police officer or an appropriate registrar.