What Does A Justice of the Peace Do?

In Queensland, a qualified JP has additional powers outside of certification and notarisation. Queensland JPs have the authority to issue search warrants and arrest warrants. In conjunction with another qualified JP, they can also exercise powers to remand defendants in custody. In addition, they can grant bail and adjourn court hearings. There are instances of justices being appointed JPs at magistrate’s court, more commonly in far-flung aboriginal communities. This is so they may perform the functions of a stipendiary magistrate if needed. A lawyer may be appointed as JP without further education or qualification, and they may have the full powers of a JP (as magistrate’s court). Meanwhile, a JP may be assisted by a commissioner for declarations (or Cdec, which is an administrative role) in witnessing documents, statutory declarations, affidavits, oaths, and affirmations. (A Cdec has limited powers compared to a JP. They are not interchangeable roles.)

SOUTH AUSTRALIA

In South Australia, JPs are further divided into two types. A justice of the peace is authorised to witness and sign affidavits, drug warrants, divorce documents, statutory declarations, waiver rights, and search warrants. They are also authorised to certify original documents, and witness signings for power of attorney and guardianship documents, given that the JP is satisfied with the capacities and capabilities of the signatory. There is also a Special Justice (SJ) in South Australia, which is a higher level of JP. An SJ sits on the bench of the magistrates’ court to hear cases filed and seen to in the petty sessions division.

In Victoria, there are JPs and also bail justices. JPs are appointed in a semi-judicial function in all parts of Victorian communities. The main roles a JP independently performs in Victoria include witnessing affidavits and statutory declarations. Bail justices, meanwhile, are volunteers authorised to hear bail matters outside of court hours. Becoming a JP in Victoria is an intensive process, which includes interviews, written exams, and practice testing before being qualified for the job. They are then recommended by the state attorney-general, and appointed by the governor-in-council.

WESTERN AUSTRALIA

The situation in Western Australia is similar to New South Wales, where JPs are appointed by the Governor. They are authorised to perform a wide range of official judicial and administrative duties within the community, such as signing search warrants and issuing summonses. They also witness affidavits and documents, including wills, and statutory declarations. Western Australia also has “visiting justices”, who preside over cases within the prison system.

Meanwhile in New South Wales, JPs witness affidavits and statutory declarations, as well as certify original documents. They are appointed by the Governor of New South Wales for five-year terms and are volunteers for the position. JPs in NSW are expected not to accept gifts or advise people on legal matters.

TASMANIA

The requirements to be a JP in Tasmania has an additional clause that JPs will only be appointed if there is a discerned need for them. JPs must also not be an undischarged bankrupt, and not engaged in any occupation or employment that may conflict with their duties as JP. Aspiring JPs must apply with all the due requirements and await approval from the Department of Justice. --- These are just some of the nuances in duties when considering being a Justice of the Peace. All JPs need to undergo the necessary training and follow the application processes peculiar to their to respective states.