Restraining Orders Act 1997

Substituted service of a document may occur by order of a court if the court is satisfied that a person is deliberately avoiding being served with the document.

Substituted service of an FVRO may also occur —

by order of a court if —

the court is satisfied that personal service or service by post is impracticable for any reason (including that the person to be served does not have a fixed address or is located at a place that is too remote to reasonably permit personal service or service by post); or

the court is satisfied that the person to be served is likely to avoid personal service or service by post; or

the court considers that substituted service is necessary, appropriate or advisable in the circumstances of the particular case (including that any delay in service is likely to put at risk the safety of the person seeking to be protected);

if a person attempting to serve the order has failed to achieve personal service after taking the steps prescribed by the regulations (including on the basis that substituted service may only occur with the approval of a person of a prescribed class or holding a prescribed office).

A document is served by substituted service if the person serving it —

takes such steps as a court directs to bring the document to the attention of the person being served; or

in a case where subsection (1A)(b) applies, takes the steps prescribed by the regulations.

The court is to consider making an order for substituted service in relation to an FVRO in every case, whether it is an interim order or a final order.

The court may make an order for substituted service in relation to an FVRO at the time of making the FVRO or at any other time during the relevant proceedings.