QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.184ASubstituted service
Start here
Get a plain-English read of sec.184A
Turn the raw legal text into a practical explanation grounded in Domestic and Family Violence Protection Act 2012.
### sec.184A Substituted service
This section applies if, under this Act, a document is required to be personally served on a respondent or defendant by a police officer and the court is satisfied that—
reasonable attempts have been made to personally serve the document on the respondent or defendant; and
serving the document in another way is—
necessary or desirable to protect the aggrieved; and
reasonably likely to bring the document to the attention of the respondent or defendant.
The court may make an order substituting another way for a police officer to serve the document on the respondent or defendant (a substituted service order ).
The court must, in the substituted service order, state the circumstances in which the document is to be taken to have been served on the respondent or defendant, including, for example—
when a document served by post or electronic communication is to be taken to have been served; or
that the circumstances are—
on the happening of a stated event; or
at the end of a stated time.
The court may make a substituted service order for the document—
on its own initiative; or
on the application of a party to the proceeding to which the document relates; or
on the application of a police officer.
When a police officer serves a document on a respondent or defendant under a substituted service order, the police officer must, unless it is not reasonable in the circumstances—
give a copy of the document to the respondent or defendant; and
explain to the respondent or defendant—
what the document is; and
the nature and effect of the document.
s 184A ins 2023 No. 1 s 53
amd 2024 No. 5 s 42
(sec.184A-ssec.1) This section applies if, under this Act, a document is required to be personally served on a respondent or defendant by a police officer and the court is satisfied that— reasonable attempts have been made to personally serve the document on the respondent or defendant; and serving the document in another way is— necessary or desirable to protect the aggrieved; and reasonably likely to bring the document to the attention of the respondent or defendant.
(sec.184A-ssec.2) The court may make an order substituting another way for a police officer to serve the document on the respondent or defendant (a substituted service order ).
(sec.184A-ssec.3) The court must, in the substituted service order, state the circumstances in which the document is to be taken to have been served on the respondent or defendant, including, for example— when a document served by post or electronic communication is to be taken to have been served; or that the circumstances are— on the happening of a stated event; or at the end of a stated time.
(sec.184A-ssec.4) The court may make a substituted service order for the document— on its own initiative; or on the application of a party to the proceeding to which the document relates; or on the application of a police officer.
(sec.184A-ssec.5) When a police officer serves a document on a respondent or defendant under a substituted service order, the police officer must, unless it is not reasonable in the circumstances— give a copy of the document to the respondent or defendant; and explain to the respondent or defendant— what the document is; and the nature and effect of the document.
- (a) reasonable attempts have been made to personally serve the document on the respondent or defendant; and
- (b) serving the document in another way is— (i) necessary or desirable to protect the aggrieved; and (ii) reasonably likely to bring the document to the attention of the respondent or defendant.
- (i) necessary or desirable to protect the aggrieved; and
- (ii) reasonably likely to bring the document to the attention of the respondent or defendant.
- (i) necessary or desirable to protect the aggrieved; and
- (ii) reasonably likely to bring the document to the attention of the respondent or defendant.
- (a) when a document served by post or electronic communication is to be taken to have been served; or
- (b) that the circumstances are— (i) on the happening of a stated event; or (ii) at the end of a stated time.
- (i) on the happening of a stated event; or
- (ii) at the end of a stated time.
- (i) on the happening of a stated event; or
- (ii) at the end of a stated time.
- (a) on its own initiative; or
- (b) on the application of a party to the proceeding to which the document relates; or
- (c) on the application of a police officer.
- (a) give a copy of the document to the respondent or defendant; and
- (b) explain to the respondent or defendant— (i) what the document is; and (ii) the nature and effect of the document.
- (i) what the document is; and
- (ii) the nature and effect of the document.
- (i) what the document is; and
- (ii) the nature and effect of the document.