Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 184

Service of order on respondent

184 Service of order on respondent

(1) This section applies if a court
(a) makes a domestic violence order; or
(b) varies a domestic violence order; or
(c) makes an intervention order.
(2) A police officer must personally serve the order, or the varied order, on the respondent.
(3) The clerk of the court must, as soon as reasonably practicable after the order is made or varied, give a copy of the order, or varied order, to the officer in charge of the police station nearest the place where the respondent lives or was last known to live.
(4) Subsections (2) and (3) do not apply if the respondent is present in court when the order is made or varied and the clerk of the court
(a) gives a copy of the order, or varied order, to the respondent, or the respondent’s appointee, at the court; or
(b) sends a copy of the order, or varied order, to the respondent’s last known address.
(5) Also, subsection (2) does not apply—
(a) if—
(i) a police officer has told the respondent, as mentioned in section 177 (1) (c) , about the existence of a domestic violence order made or varied by the court; and
(ii) the order, or the varied order, has been served on the respondent other than by being personally served on the respondent, including, for example, by being served on the respondent in a way stated in a substituted service order; or
(b) the order is a temporary protection order that—
(i) names the same aggrieved and named persons as a police protection notice that is, or release conditions that are, in force against the respondent; and
(ii) imposes the same conditions as the notice or conditions.
(6) A temporary protection order mentioned in subsection (5) (b) is taken to have been served on the respondent when it was made.
(7) For subsection (5) (b) , in deciding whether a temporary protection order imposes the same conditions as a police protection notice, a cool-down condition included in the notice is not to be taken into account.
(8) Failure to comply with this section does not invalidate or otherwise affect a domestic violence order or an intervention order.
(9) This section is subject to section 188 .
(10) In this section—

"appointee" , of a respondent, means a person authorised in writing by the respondent to receive a copy of a domestic violence order or any other document authorised or required to be given to the respondent under this Act.
Note—
See also section 85 for the requirement for a copy of a domestic violence order served on, or given or sent to, the respondent under this section to include a written explanation of the order.



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