Domestic and Family Violence Protection Rules 2014
sec.14ABStatement of substituted police service
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sec.14AB Statement of substituted police service
This rule applies if a police officer serves a document on a respondent under a substituted service order. The police officer must file a statement (a statement of substituted police service ) with the registry of the DFVP court hearing the proceeding, unless a DFVP court orders otherwise. The statement of substituted police service must— be made and signed by the police officer who served the document; and include each of the following details— the officer’s name and rank; the time, day and date the document was served; the way, stated in the substituted service order, in which the document was served; the name of the person served; and if the officer complied with the DFVP Act , section 184A (5) (a) and (b) — state that the provisions were complied with; and include details of how the document, and the nature and effect of the document, were explained to the respondent; and if the officer did not comply with the DFVP Act , section 184A (5) (a) and (b) —state the basis on which it was not reasonable in the circumstances to comply with the provisions; and include a statement that— the contents of the statement are true; or if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and include a statement that the officer understands that a police officer who provides a false matter in the statement may commit an offence. false declaration under the Criminal Code , section 194 The statement of substituted police service must also— have the substituted service order filed with the statement as an exhibit; and either— have the document that was served filed with the statement as an exhibit; or if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified. r 14AB ins 2023 SL No. 96 s 6 (sec.14AB-ssec.1) This rule applies if a police officer serves a document on a respondent under a substituted service order. (sec.14AB-ssec.2) The police officer must file a statement (a statement of substituted police service ) with the registry of the DFVP court hearing the proceeding, unless a DFVP court orders otherwise. (sec.14AB-ssec.3) The statement of substituted police service must— be made and signed by the police officer who served the document; and include each of the following details— the officer’s name and rank; the time, day and date the document was served; the way, stated in the substituted service order, in which the document was served; the name of the person served; and if the officer complied with the DFVP Act , section 184A (5) (a) and (b) — state that the provisions were complied with; and include details of how the document, and the nature and effect of the document, were explained to the respondent; and if the officer did not comply with the DFVP Act , section 184A (5) (a) and (b) —state the basis on which it was not reasonable in the circumstances to comply with the provisions; and include a statement that— the contents of the statement are true; or if the contents of the statement are stated on the basis of information and belief—the contents are true to the best of the knowledge of the officer; and include a statement that the officer understands that a police officer who provides a false matter in the statement may commit an offence. false declaration under the Criminal Code , section 194 (sec.14AB-ssec.4) The statement of substituted police service must also— have the substituted service order filed with the statement as an exhibit; and either— have the document that was served filed with the statement as an exhibit; or if the document that was served has been filed—mention the document in a way sufficient to enable the document to be identified.