Legal Tips

Process Servers and the Police

2021 5 min read

Because process servers are not peace officers, they are limited in what they can do — which at times makes it prudent to involve the police. We explain when and how to work with law enforcement during a serve.

Process servers in Australia are private individuals — they are not law enforcement officers and have no special powers of entry, arrest, or detention. Understanding the limits of a process server's authority, and when it is appropriate to involve police, is important for both servers and their clients.

What Process Servers Cannot Do

  • Force entry into a property
  • Detain or restrain a person
  • Compel a person to accept documents
  • Identify themselves as law enforcement

When Police Assistance May Be Required

There are circumstances where it may be prudent or necessary to involve police in a service attempt:

  • Threats or violence — if a respondent has a history of violence or has made threats, police presence may be appropriate
  • Domestic violence situations — serving an AVO or family law document on a person with a history of violence
  • Gated communities or secure premises — where access is restricted and the respondent refuses entry
  • Welfare concerns — if there are concerns about the wellbeing of the person to be served

How to Arrange Police Assistance

Police assistance for civil process serving is not guaranteed and must be arranged in advance. Contact your local police station and explain the circumstances. Police have discretion whether to assist and may require a court order in some cases.

Citiserve's Approach

Citiserve's process servers are experienced in assessing risk and determining when police assistance is appropriate. We will advise you if we believe police involvement is necessary and can assist in making the necessary arrangements.

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