Western Australian Current Acts Western Australian Current Acts (1) A restraining
order is to be served personally unless —
(a) the
registrar has authorised oral service under subsection (2); or
(b)
subsection (3) applies to the order; or
(c)
substituted service is allowed under section 60.
(2) The registrar may
authorise oral service of a restraining order if the registrar is satisfied
reasonable efforts have been made to serve the order personally.
(3) The following
orders may be served by post in accordance with subsection (4) —
(a) a
final order under section 32; and
(b) a
final order that was preceded by an interim order that is still in force; and
(c) a
conduct agreement order or a consent order; and
(d) an
order made under section 63 or 63A.
(3a) A restraining
order is taken to have been served if the person who is bound by the order is
present in court when the order is made.
(4) A restraining
order being served by post is to be sent —
(a) by
ordinary prepaid post; and
(b) to
the person to whom it is directed at the person’s last known place of
residence or business; and
(c) by
the registrar, a police officer or a person authorised by the registrar.
(5) If a person is
serving a restraining order orally that person is to inform the person being
served of —
(a) the
fact that the restraining order has been made; and
(b) the
general nature of the restraints imposed by the order; and
(c) the
duration of the order; and
(d) a
place where a written copy of the order, and a document containing the
explanation to be given under section 8(1), can be obtained.
(5A) If a person to
whom information is to be given under subsection (5) does not readily
understand English, or the person serving the restraining order is not
satisfied that the person understood the information, the person serving the
order is, as far as practicable, to arrange for someone else who is 18 years
of age or older to give the information to the person in a way that the person
can understand.
(5B) However, a person
giving an explanation under subsection (5A) must not be a person of a class
prescribed in the regulations.
(6) Oral service may
be effected face to face or by telephone, radio, video conference or another
similar method.
(7) Oral service of a
restraining order does not require the person serving the order to be in
possession of a copy of it at the time of service if the terms of the order
are communicated to the respondent.
[Section 55 amended: No. 38 of 2004 s. 38(1)-(3);
No. 59 of 2004 s. 123; No. 49 of 2016 s. 56; No. 13 of 2020 s. 37; No. 30 of
2020 s. 73.]