Your role as a Justice of the Peace:
2.1 Historical and social context of your role
As a JP (Qual), you belong to a centuries-old system of voluntary legal officers known as Justices of the Peace.
In the year 1195, King Richard I introduced a system of peace officers to enforce the ‘King’s peace’. Any offence against the peace was considered to be an offence against the King himself and was therefore treated severely.
There were travelling judges to deal with offenders but, in 1327, King Edward III introduced the ‘peace officer’. Peace officers dealt with minor offences that allowed judges the time to concentrate on the more serious offences. These peace officers were allowed to use the title ‘justice’ and over the years became known as Justices of the Peace.
The role gradually evolved and spread to the colonies as the British Empire expanded. Traditionally, the people appointed to the office were highly respected members of the community and landed gentry.
Today, appointments are made from a wider section of the community. Justices of the Peace are citizens who are entrusted by their community to take on special responsibilities, from witnessing the signing of documents to hearing certain types of court matters.
Over time, the responsibilities of the JP have evolved. In recent years, with the passing of more complex and intricate legislation, the JP’s role has been taken over partly by the appointment of professionally qualified magistrates. This has not, however, diminished the importance of the JP in today’s society. In fact, contemporary legislation is imposing more responsibility upon the JP to ensure the objectives of legislation are properly carried out. Witnessing an enduring power of attorney is one example of this responsibility.
The JP still acts, on many occasions, as a check and balance on the powers of state authorities, including the Queensland Police Service. It is the JP’s responsibility to exercise discretion in all of their judicial functions, such as when determining to issue a summons or a warrant.
Qualifications and appointments
Before 1991, there was only one level of Justice of the Peace in the Queensland system. The position encompassed a very broad range of duties, including administrative (such as witnessing the signing of documents), ‘non-bench’ judicial (such as issuing summonses and warrants, and attending police records of interview) and ‘minor bench’ duties (such as adjournments and granting bail). As society and its laws have grown more complex, there has been an increasing need to streamline the JP system and ensure its officers are kept informed.
The Justices of the Peace and Commissioners for Declarations Act 1991 (the Act) was part of this streamlining process. With this Act, the single role of Justice of the Peace was split into three separate positions.
Justice of the Peace (Qualified)
As a JP (Qual), you have all of the responsibilities of Commissioners for Declarations and also several judicial duties, both ‘non-bench’ and ‘minor bench’. Two JPs (Qual) or one JP (Qual) and one JP (Mag Ct) can constitute a Magistrates Court to deal with specific matters.
2.3 Your role and responsibilities in the community
As a JP (Qual), your main role is to witness the signing of official documents. The community expects you to be constantly mindful that, as you discharge your duties, you are an integral part in the administration of justice.
The position of a JP (Qual) indicates you are trusted to act responsibly. When a JP witnesses documents, they have more legal weight than a document witnessed by someone without any official position. The community will expect you to have some understanding of the documents brought before you.
You have added responsibilities over those of a Cdec in that you have a quasi-judicial role. You may be requested to issue a warrant or a summons. On some occasions, particularly in the more remote areas of the state, you may also be called upon to sit on the Magistrates Court bench with a registrar of a court to deal with some procedural motions.
You have a duty of care to act within your scope of practice. You cannot provide legal advice in your role as a JP.
You must carry out your duties in a professional manner, ensure the Code of conduct is adhered to, and ensure consistent witnessing practices, procedural and legislative guidelines are always followed.
Why this role is important
The duties of a JP (Qual) are not to be taken lightly. You have a vital and responsible role to play in the general community. You will, at times, deal with matters of crucial importance to people’s lives. For instance:
- Some of the documents you process will have substantial financial implications for the people involved.
- Some documents may ultimately be used in court proceedings where a person’s liberty may be at stake.
- You have the authority to witness enduring power of attorney documents, which may ultimately control how a person is treated in hospital or in a nursing facility.
- You have the authority to issue summonses to direct people to attend at court.
- You also have the authority to issue warrants for a person’s arrest or to search their property.
- You have the power to constitute a court either on your own or with another JP to carry out specific duties.
An outline of your duties as a JP (Qual)
Your duties fall into five main categories:
- witnessing people signing documents as prescribed by law
- certifying copies of documents as true copies, copies of a copy, or copy of a download
- issuing summonses and warrants
- minor bench duties
- attending police records of interviews.
Who will use my services?
The services of the JP (Qual) are in demand by commerce and industry, all levels of government, and the community in general.
You are appointed to serve all members of the community, not just a select few in the organisation in which you work or participate or for the organisation’s customers. You should make yourself available to offer your services whenever possible.
Am I allowed to act as a JP (Qual) outside Queensland?
Yes, you may act outside Queensland, as long as the document you are witnessing or the duty you are fulfilling comes under Queensland law (and the document is to be used in Queensland) or Commonwealth law.
For example, you can witness a statutory declaration anywhere in the world, as long as it applies to matters under Queensland law and is intended for use in Queensland.
You can also generally witness a Commonwealth document anywhere in Australia for use anywhere in Australia, subject to any special provisions required by the legislation that covers such documents.
However, your power to constitute a court applies only within Queensland. You may not exercise this power if you are outside the state.
When should I be available?
You should be available to carry out your duties at all times, as people may contact you at any time of the day or night. If you are busy, you can make an appointment for a time that suits both you and the person seeking your services.
How can people who need my services find me?
The names and contact telephone numbers of all Cdecs and JPs are listed in a database maintained by the registrar of the JP Branch.
The department also has a directory of JPs who are willing to have their name, category, suburb and phone number listed on the internet.
The mobile website at www.justice.qld.gov.au/jpapp gives members of the community an easy way to locate witnessing services.
You may also wish to volunteer in the JPs in the Community program. Another way you can make yourself available is to contact your local police station, hospital and other organisations and advise them of your availability.
