Justices (Restraint Orders) Rules 2023
6Service and filing of applications or warrants
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6 Service and filing of applications or warrants
(1) In this rule –
endorsed copy means –
(a) the copy of the sealed copy which contains the endorsement of service; or
(b) a facsimile copy of the endorsed copy referred to in paragraph (a) ;
endorsement of service means the endorsement and signature referred to in subrule (6)(a) and (b) or subrule (10) .
(2) A person making any of the following applications must cause a sealed copy of the application to be served personally on the respondent to the application as soon as practicable after the application has been filed with the clerk:
(a) an application under section 106B(1) of the Act for a restraint order;
(b) an application under section 106G(1) of the Act for the revocation of a restraint order except if –
(i) the application is made by, or on behalf of, a person who has attained the age of 14 years and who has the sole benefit of the restraint order; or
(ii) the application is made by a police officer.
(3) In addition to any relevant requirement specified in subrule (2) to serve the respondent personally with a sealed copy of the application, a person making an application under section 106G(1) of the Act for the variation, extension or revocation of a restraint order must cause a sealed copy of the application to be served –
(a) on every other person who –
(i) has attained the age of 14 years; and
(ii) benefits from the restraint order; and