ACTIn ForceAct
Personal Violence Act 2016
64CService of protection orders
Start here
Get a plain-English read of 64C
Turn the raw legal text into a practical explanation grounded in Personal Violence Act 2016.
64C Service of protection orders
(1) If the Magistrates Court makes a protection order, the registrar
(a) if the order is an interim order—serve 2 copies of the order
(1 marked as the endorsement copy) on the respondent as soon
as practicable; and
(b) if the order is not an interim order—serve a copy of the order on
the respondent; and
(c) give a copy of the order to—
(i) each other party to the proceeding; and
(ii) the chief police officer; and
(iii) the registrar of firearms; and
(iv) if a party to the proceeding is a child—the child’s parent or
(v) if a party to the proceeding has a disability guardian—the
Service of documents Division 4.4A
(vi) anyone else the court is satisfied has a relevant interest in
the proceeding who does not already have a copy of the
Note Section 64F contains provisions about giving a document to a child or the
child’s parent or guardian.
(2) If the registrar serves a special interim order on a person, the registrar
must also give the person a notice telling the person that—
(a) the respondent may apply to the court for review of the order
under section 80A (Special interim orders—application for
review); and
(b) if a preliminary conference in relation to the application for the
protection order is held and a consent order is not made—the
court will set a return date for a hearing to decide the application
for the final order after all related charges are finalised.
(3) Service under subsection (1) (a) must be personal service unless—
(a) the respondent is present when the protection order is made; or
(b) a court makes an order under section 64A (2).
(4) The failure of the registrar to comply with subsection (1) (c) (iv)
or (v) does not affect the validity of the protection order.