Serving documents without trauma

Being served with legal documents at the best of times can cause a sense of heightened anxiety, but for some people it may re-activate previous traumas that they have experienced.

It is not in any parties’ interests to cause further trauma to individuals or have a party in a heightened state of anxiety when attempting to progress a matter through legal channels.

To assist in ensuring that parties are acting in a trauma informed manner, TASCAT has a fact sheet (230531-Trauma-Informed-Practice-Fact-Sheet1.pdf) regarding how it implements a trauma informed practice, however it does not specifically address the service of documents.

Adopting a trauma informed approach is available to everyone, with no need for specific qualifications or knowledge.

A trauma informed practice is one which aims to minimise further harm to individuals.

The way in which something occurs (such as how and when the documents are served) can be just as important in trauma informed practice as to what has occurred (that documents have been served).

It is something that should be particularly taken into consideration when serving documentation on an individual, especially if that documentation contains material, allegations, statements or reports that the individual may find confronting, distressing or retraumatising.

Whilst each case will be different, depending on the timeframes that are available to serve the documentation, the location of the individual, the resources available, and the material that is being served, the following considerations can assist you in ensuring that the service of any documents are done in the most trauma informed way possible:

1. In workers compensation matters, consider providing the contact number for Worker Assist, or if appropriate the EAP service of the employer with the documents.
2. Where possible, ask the individual how they would like to be served (personal service, email, or post or if applicable, on their legal representative), or at the very least advise them how the documents will be served, noting that they may receive them in multiple ways.
3. Advise the individual that there may be confronting or upsetting material within the documents, and that there will be a trigger warning on the documents.
4. If the documents are to be personally served, ensure where possible that there will be someone available to be with the individual at home, so that they can be supported when the documents are served.
5. Try to have the documents served in the morning, so that the individual has the best opportunity to seek support or assistance if they require it.
6. Advise them the time that personal service will occur to prevent uncertainty.
7. Considering arranging service so that the individual has a GP or psychologist appointment booked for either the same day as service (after service has occurred), or the following day to ensure that appropriate support mechanisms are in place.
8. Consider arranging with the individual for service immediately prior to a double appointment with their GP or psychologist, for example in the waiting room, whilst being supported by the rehabilitation provider, so that the documents can be read with their treater, and any immediate assistance can be provided.
9. If the documents are to be served via email, ensure that there is an agreed upon time that the documents will be emailed, that there is a support person available at that time and that there is a clear trigger warning visible.
10. If the documents are to be served by post, ensure that there is a trigger warning on the envelope, and on a coversheet on top of the other documents, and that the individual knows that the documents are coming.
11. Advise the process server not to contact the individual separately to the arrangements that have already been made regarding service.
12. Ensure that the process server serves the documents in an envelope with a trigger warning prominently displayed.

Each matter will require different considerations, but if the premise of attempting to minimise any further trauma or harm is the starting point when serving documents, this is likely to go a long way in ensuring that trauma informed principles are being observed.

If you want any more assistance about acting in a trauma informed manner, or serving documents in this way, please do not hesitate to contact us.