Serving the Application

Serving the application

Upon completion of the application, a copy is to be served on the offender. The offender is required to sign an acknowledgement of service.

Who may serve the application

Before a CPPS staff member can serve an application on the offender, the following must occur:

• a district court judge or registrar must authorise the staff member, and
• the service manager must ensure the staff member is issued with a valid letter to authorise them to that effect.

Where served by delivering to a family member

The application may be served to a family member of the offender if they appear to be over the age of eighteen years, and reside with the offender.

Note: Family member means the offender’s father, mother, wife, husband, civil union partner, de facto partner, child, brother, sister, half-brother or half-sister.

Legislative reference: Section 24(1)(b) Summary Proceedings Act.

Attempts to serve the application

In most cases a minimum of two attempts to serve the application should be made, on different days, and at different times of the day. All attempts to serve the application must be recorded in IOMS casenotes.

Unable to serve

There are times where it is not possible or appropriate to serve the application on the offender. The two most common reasons for this are:

1. The whereabouts of the offender is unknown

Examples:

• The probation officer has visited the last known address, has verified the offender no longer resides at this address, and no new address is known.
• The offender has absconded.

If satisfied that the offender is unable to be located, the probation officer should advise the court and prepare an affidavit seeking a warrant in lieu of service.

2. There are safety concerns

Examples:

• The probation officer is aware the offender will be in opposition to the enforcement action, and
  • the offender is known to be violent, or
  • the offender has a history of assaulting CPPS staff.
• Other people residing at the address are known to be violent.
• It is not safe to enter the premises (e.g. vicious dogs, suspected drug lab).

In these circumstances the service manager must be advised before any attempt is made to serve the application. Consideration should be given to the following courses of action:

• arrangements may be made to serve the application on the offender at the service centre
• two staff members may visit the address to serve the application, or
• a registered letter could be sent to the address as a way of service.

Safety concerns

If the risk issues are considered to be too high, and a decision has been made not to visit the premises, the probation officer/senior community work supervisor should advise the court, and prepare an affidavit seeking a warrant in lieu of service due to safety concerns.

Record keeping

Details regarding all attempts to serve the application must be recorded in IOMS casenotes. This should include the date, day of the week, and time of the day. IOMS casenotes should also record the rationale for decisions made to seek a warrant, including discussion with the service manager.