Evidence of service
16 Evidence of service
The applicant for a detention and treatment order must give evidence of how and when the copy of the application for the order was served on—
the person who is the subject of the application; and
if applicable, the person's guardian.
If a copy of the application was not—
personally served on the person who is the subject of the application; or
if applicable, served on the person's guardian—
the applicant must give evidence about the steps taken to serve the application.
A detention and treatment order must not be made in the absence of the person who is the subject of the application unless the Court is satisfied—
that the person has been personally served with a copy of the application for the order; or
if the person has not been so served, that—
all reasonable steps have been taken to effect personal service; and
it would be detrimental to the person's health to delay hearing the application.
This Act’s bill:Explanatory memorandumSecond reading speech
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