Practice Statement Law Administration

PS LA 2002/4

Service of documents

• This document has changed over time. View its history.

FOI status: may be released

This Law Administration Practice Statement provides guidelines on accepting service of documents.

1. What is this Practice Statement about?

This Practice Statement advises:

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who may accept service of documents

•

what needs to be done when accepting service, and

•

what needs to be done after accepting service.

2. Who can accept service of documents?

This Practice Statement outlines who can accept service in different situations. You should note that if an address for service is not included in the documents, you should refuse to accept service in every instance.

Taxation or AOD appeals

You cannot accept service of these matters, as the Federal Court Rules 2011 state that only the Australian Government Solicitor (AGS) can accept service. The originating documents must be served at the offices of the AGS in the State or Territory in which the application was filed.

Documents being served on Commissioners and Deputy Commissioners

The following is the order of preference in regard to who should accept service of documents served on Commissioners and Deputy Commissioners:

1.

An officer from either the Office of General Counsel (OGC) or the Litigation and Legal Services (LLS) business line.

2.

In sites with no OGC or LLS presence, a nominated team leader in the relevant business line.

3.

If the relevant business line cannot be identified, any EL2 officer in that site.

4.

Any ATO staff member.

Documents being served on named ATO staff members

Before you accept service of documents on behalf of an individual staff member:

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you need the consent of that staff member, and

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the documents being served must relate to the named staff member's ATO duties

If the documents relate to a private matter, you must refuse service.

3. What do I need to do when accepting service?

When accepting service of any documents, you must do the following:

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Record the time and date of service on the front of the document.

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Prepare a file note ensuring that reference is made to the time of service, whether or not conduct money (see below) was offered and, if so, whether it was accepted or refused.

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If asked by the person serving the document, sign an acknowledgment of receipt of the document and provide your name.

It is preferable that conduct money is not accepted. However, if you do accept conduct money, you should follow the instructions in Financial Management Procedure and Instruction FMPI 2014/07/01 Collecting and receiving money.

4. What do I need to do after accepting service?

Documents served on Commissioners and Deputy Commissioners

The documents should immediately be forwarded to the nearest OGC team. If not in the same site, immediately scan and email the documents to GeneralCounselRequests@ato.gov.au. The originals should then be sent by internal mail to the nearest OGC team. Refer to Attachment 1 to this Practice Statement.

Documents served on named ATO staff members

You must ensure that the documents are given to the person named within a short time frame; for example, 24 hours. Failure to do so may have serious legal consequences.

5. More information

For more information, see:

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Contact Office of General Counsel (Internal link only)

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Federal Court Rules 2011

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Chief Executive Instruction Managing Money - collecting and receiving (Internal link only)

ATTACHMENT 1

Addresses for the Office of General Counsel (as at 23 February 2023)

Amendment history

Date of Issue: 4 February 2002

Date of Effect: 4 February 2002

File 2002/000772

Other References: Chief Executive Instruction
Managing Money - collecting and receiving (Internal link only)

Legislative References:
Federal Court Rules 2011

Business Line:  OGC

ISSN: 2651-9526