Domestic and Family Violence Protection Rules 2014
sec.14AAAffidavit of attempted personal service
Start here
Get a plain-English read of sec.14AA
Turn the raw legal text into a practical explanation grounded in Domestic and Family Violence Protection Rules 2014.
sec.14AA Affidavit of attempted personal service
This rule applies if an application for a substituted service order is made under the DFVP Act , section 184A in relation to personal service of a document on a respondent. A police officer who has attempted to personally serve the document on the respondent must file an affidavit of attempted personal service with the registry of the DFVP court hearing the application, unless the DFVP court orders otherwise. The affidavit of attempted personal service must be filed— if the application is made under the DFVP Act , section 184A (4) (b) —as soon as practicable after a copy of the application is given to the police commissioner under rule 19A ; or if the application is made under the DFVP Act , section 184A (4) (c) —when the application is filed. The affidavit of attempted personal service must— be in the approved form; and be made by a police officer who has attempted to serve the document; and include the following details for each attempt by a police officer to serve the document— the name and rank of the officer who attempted to serve the document; the time, day and date the document was attempted to be served; the place at which the document was attempted to be served; the name of the person attempted to be served; the reason service was not effected; and either— have the document that was attempted to be served filed with it as an exhibit; or if the document that was attempted to be served has been filed—mention the document in a way sufficient to enable the document to be identified. If more than 1 police officer has attempted to personally serve the document on the respondent, each of the officers is taken to have complied with subrule (2) if an affidavit of attempted personal service is filed by any 1 of the officers under this rule. If the DFVP court orders, a police officer mentioned in an affidavit of attempted personal service must give evidence orally about the attempted service of the document by the officer. r 14AA ins 2023 SL No. 96 s 6 (sec.14AA-ssec.1) This rule applies if an application for a substituted service order is made under the DFVP Act , section 184A in relation to personal service of a document on a respondent. (sec.14AA-ssec.2) A police officer who has attempted to personally serve the document on the respondent must file an affidavit of attempted personal service with the registry of the DFVP court hearing the application, unless the DFVP court orders otherwise. (sec.14AA-ssec.3) The affidavit of attempted personal service must be filed— if the application is made under the DFVP Act , section 184A (4) (b) —as soon as practicable after a copy of the application is given to the police commissioner under rule 19A ; or if the application is made under the DFVP Act , section 184A (4) (c) —when the application is filed. (sec.14AA-ssec.4) The affidavit of attempted personal service must— be in the approved form; and be made by a police officer who has attempted to serve the document; and include the following details for each attempt by a police officer to serve the document— the name and rank of the officer who attempted to serve the document; the time, day and date the document was attempted to be served; the place at which the document was attempted to be served; the name of the person attempted to be served; the reason service was not effected; and either— have the document that was attempted to be served filed with it as an exhibit; or if the document that was attempted to be served has been filed—mention the document in a way sufficient to enable the document to be identified. (sec.14AA-ssec.5) If more than 1 police officer has attempted to personally serve the document on the respondent, each of the officers is taken to have complied with subrule (2) if an affidavit of attempted personal service is filed by any 1 of the officers under this rule. (sec.14AA-ssec.6) If the DFVP court orders, a police officer mentioned in an affidavit of attempted personal service must give evidence orally about the attempted service of the document by the officer.