Text as at 1 July 2026

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391 Personal service

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(1)Unless this Act or any other Act or the rules of court otherwise provide, personal service of a document must be effected in accordance with subsection (2), (3) or (4).

(2)Personal service of a document is effected by—

(a)giving a copy of the document to the person to be served; or

(b)putting the copy down in the person's presence and telling the person the nature of the document; or

(c)leaving a copy of the document for the person at the person's last known or usual place of residence with a person who appears to be of or over the age of 16 years.

S. 391(4)(c) amended by No. 30/2010 s. 71(1).

(2A)For the purposes of subsection (2)(c), a person satisfies the requirement to leave a copy of a document with another person by putting a copy of the document down in the presence of the other person and telling the person the nature of the document.

S. 391(2A) inserted by No. 11/2021 s. 49(2).

(3)If the person to be served is in detention or in immigration detention within the meaning of section 5 of the Migration Act 1958 of the Commonwealth, personal service of a document on the person may be effected by sending a copy of the document by registered post addressed to the person at the place of detention.

See the definition of in detention in section 3.

(4)If a legal practitioner has given written notice to the informant or the prosecution that the legal practitioner represents an accused and is instructed to accept personal service of documents on behalf of the accused, personal service of a document on the accused may be effected by—

(a)giving a copy of the document to the legal practitioner; or

(b)leaving a copy of the document at the ordinary place of business of the legal practitioner with a person who appears to work there; or

(c)sending a copy of the document by registered post addressed to the legal practitioner at the ordinary business address of the legal practitioner; or

(ca)delivering a copy of the document by means of fax or email to the legal practitioner of the person who—

S. 391(4)(ca) inserted by No. 11/2021 s. 49(3).

(i)has consented to receiving documents on the person's behalf by fax or email; and

(ii)has provided a fax number or address or email address to the prosecution or informant in the matter in respect of which the legal practitioner is representing the person; or

(d)if the legal practitioner—

S. 391(4)(d) inserted by No. 30/2010 s. 71(2).

(i)has facilities for the reception of documents in a document exchange; and

(ii)consents to accepting personal service of documents by delivery to those facilities in the document exchange—

by delivering a copy of the document addressed to the legal practitioner into those facilities.

(5)If a document is delivered into the facilities of a document exchange in accordance with subsection (4)(d), the day of service of the document is taken to be—

S. 391(5) inserted by No. 30/2010 s. 71(3).

(a)the day following the day on which it is so delivered; or

(b)if the document is delivered on a Friday, the following Monday—

or on any other day that may be proved.