Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 188

Giving of document to child

188 Giving of document to child

(1) This section applies if this Act authorises or requires a document to be given to, or served on, a child.
(2) A person responsible for giving the document to, or serving the document on, the child—
(a) must also give a copy of the document to a parent of the child; and
(b) must not give the document to, or serve the document on, the child at or in the vicinity of the child’s school, unless there is no other place where the giving of the document to, or service of the document on, the child may be reasonably effected.
(3) A court may dispense with the requirement to give a copy of a document to a parent of the child if the court is satisfied that—
(a) the person responsible for giving the document can not locate a parent of the child after making all reasonable enquiries; or
(b) there are other special circumstances for giving the dispensation.
Examples of other special circumstances—
• the child is estranged from the child’s parents
• there would be an unacceptable risk of harm to the child if the parent was given a copy of the document
(4) For the purpose of subsection (1) , the age of a person is to be ascertained on the day that the document is to be given to the person.
(5) This section does not apply in relation to a child if the person responsible for giving the document to, or serving the document on, the child believes on reasonable grounds that the child is an adult.
(6) Failure to comply with this section does not invalidate or otherwise affect a domestic violence order, a police protection notice or release conditions.
(7) In this section—

"parent" , of a child, includes the chief executive (child protection) if the chief executive (child protection) has custody or guardianship of the child under the Child Protection Act 1999 .



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