Restraining Orders Act 1997

A restraining order is to be served personally unless —

the registrar has authorised oral service under subsection (2); or

subsection (3) applies to the order; or

substituted service is allowed under section 60.

The registrar may authorise oral service of a restraining order if the registrar is satisfied reasonable efforts have been made to serve the order personally.

The following orders may be served by post in accordance with subsection (4) —

a final order under section 32; and

a final order that was preceded by an interim order that is still in force; and

a conduct agreement order or a consent order; and

an order made under section 63 or 63A.

A restraining order is taken to have been served if the person who is bound by the order is present in court when the order is made.

A restraining order being served by post is to be sent —

by ordinary prepaid post; and

to the person to whom it is directed at the person’s last known place of residence or business; and

by the registrar, a police officer or a person authorised by the registrar.

If a person is serving a restraining order orally that person is to inform the person being served of —

the fact that the restraining order has been made; and

the general nature of the restraints imposed by the order; and

the duration of the order; and

a place where a written copy of the order, and a document containing the explanation to be given under section 8(1), can be obtained.

If a person to whom information is to be given under subsection (5) does not readily understand English, or the person serving the restraining order is not satisfied that the person understood the information, the person serving the order is, as far as practicable, to arrange for someone else who is 18 years of age or older to give the information to the person in a way that the person can understand.

However, a person giving an explanation under subsection (5A) must not be a person of a class prescribed in the regulations.

Oral service may be effected face to face or by telephone, radio, video conference or another similar method.

Oral service of a restraining order does not require the person serving the order to be in possession of a copy of it at the time of service if the terms of the order are communicated to the respondent.