VOLUME 13 12 •• NUMBER NUMBER 12 •• AUTUMN WINTER 2015 VOLUME 2016
INSIDE THIS ISSUE 2 COMPANY INFORMATION 3
PRESIDENT’S PAGE
4 INTERSTATE AND INTERNATIONAL DOCUMENTS
QJA - ESTABLISHED IN 1918 Official Magazine of the Queensland Justices Association
PERSONAL PROFILES In this issue, we provide a personal profile of two QJA members. David McVeagh (left) is a Brisbane resident who, whilst battling a terminal illness, continues to provide valuable JP services and campaign passionately for the justice administration and social issues in which he believes. Robert Bolch (right) is a Queensland JP and ongoing QJA member who now resides in Victoria where he performs work as both a Queensland and Victorian Justice of the Peace. Read all about these two distinguished QJA personalities (pages 6-7).
5 PLEDGING FOR PARITY - IWD 6
PERSONAL PROFILE:
INTERSTATE & INTERNATIONAL DOCUMENTS What do we do with Interstate and International documents? Is it simply a matter that we have no authority to deal with them or are there some exceptions to this rule? The article on pages 4-5 examines this matter in some depth. Make sure you are on the right track - by reading this article.
DAVID McVEAGH 7 PERSONAL PROFILE:
ROBERT BOLCH
8 MAKING IT EASIER IN THE END 9 2016 STATE CONFERENCE 10 NEWS IN BRIEF
2016 STATE CONFERENCE As announced in the last issue, the 2016 State Conference will be held in Rockhampton on Saturday 29 October. To discover what the Rockhampton Branch planning committee has in mind, see the article on page 9.
STATE OFFICE NEWS 11 ROLL OF HONOUR 12 Q & A
QUICK QUIZZES
14 REGIONAL ROUNDUP 16 REGIONAL CONTACTS
MAKING IT EASIER IN THE END How do bed-bound and terminally ill hospital patients manage to have their documents witnessed? The answer is the dedicated honorary justices who visit the hospital wards for this purpose. The article on page 8 tells the story of the Ipswich Hospital volunteers.
Serving Queensland’s Honorary Justices since 1918
Mr Raymond Young OAM JP (Qual) Telephone (07) 4927 4155 Mobile 0405 624 648 Email ray.young@qja
Board of Directors
DIRECTORS PRESIDENT & CHAIRMAN OF THE BOARD
Patron
Honourable Justice Mr Ray BurrowsThe JP (Qual) Telephone (07) 3822 1366 Mr John GordonChief JP (Qual) Mobile 0409 499 016 Catherine Holmes Mobile:E0415 589 047 Email ray.burrows@qja.com.au Email: john.gordon@qja.com.au
Board of Directors VICE PRESIDENTS
Mr Keith Revell JP (Qual) Telephone Mr Bob Pilkington JP (Qual) Telephone: (07) 3803 4337 (07) 3812 1865 Revell JP (Qual) Immediate Past Keith President Mobile 0438 121 865 Mobile: 0411 134 841 M: 0411 134 841 Email bob.pilkington@qja.com.au Email: keith.revell@qja.com.au
President
E: keith.revell@qja.com.au
Mr JP Doug Hull JPTelephone (Qual) (07) 3389 2481 Mrs Marian Vierveyzer (Qual) Telephone: (07) 4128 0294 0415 Marian Vierveyzer JP(Qual) Raymond Young OAM Mobile 418 320 M: 0415 418 320 M: 0405 624 648 Email: doug.hull@qja.com.au Email marian.vierveyzer@qja.com.au
Vice Presidents
E: marian.vierveyzer@qja.com.au
E: raymond.young@qja.com.au
Mr Tel Mo Em
Mr Tel Mo Em
Mr Mo Em
Mr Raymond Young OAM JP (Qual) Telephone (07) 4927 4155
QUEENSLAND JUSTICES ASSOCIATION - ACN ISSN 1839-2784 Mobile009 666 0405559 624 –648 Bruce Birtwell JP(Qual)
M: 0429 350 230 Queensland Justices Association (QJA) E: bruce.birtwell@qja.com.au
John Carpendale JP (Qual) Email ray.young@qja.com.au M: 0419 683 325
The is a not-for-profit public company limited by E: john.carpendale@qja.com.au guarantee operating under the Corporations Act 2001 and is governed by a Board of Directo DIRECTORS Mr John Gordon JP (Qual)
Mr David Read JP (Qual)
RegisteredKate Office: 751 Stanley Street, Woolloongabba, Qld 4102. Kunzelmann JP(Qual) Carmelo Pasquale JP(Qual)(07) 4152 3318 Telephone: Mobile: 0415 589 047 M: 0419 709 775 M: 0408 879 182 Postal Address:Email: john.gordon@qja.com.au PO Box 8419, Woolloongabba, Qld 4102Mobile: 0405 252 135 E: kate.kunzelmann@qja.com.au E: carmelo.pasquale@qja.com.au Email: dave.read@qja.com. Office Hours: Monday – Friday 8.30am to 4.30pm Contact: Free call: 1800 061 423 - Telephone: (07) 3392 2455 - Facs Mr Keith Revell JP (Qual) Mr John Carpendale JP(Qua Email: admin@qja.com.au Telephone: (07) 3803 4337 Telephone (07) 3353 2927 Read 0411 JP(Qual) Garth Stephens JP(Qual) Website: DavidMobile: www.qja.com.au 134 841 Mobile 0419 683 325 0405 252 135 M: 0481 550 721 Facebook:M: www.facebook.com/QldJusticesAssn Email: keith.revell@qja.com.au Email john.carpendale@qja E: dave.read@qja.com.au E: garth.stephens@qja.com.au Registrar: Angela Yin BA (Journalism), GradDipSocAdmin, MHumanServ
Directors
.au
Mr Christopher Porter JP(Q Mr Doug Hull JP (Qual) Mobile: 0419 148 189 Telephone: (07) 4128 0294 Lance Watson JP(Qual) The QJA Journal is compiled by an Editorial Board on behalf of the QJA. | Editor Mr Keith Rev Email: chris.porter@qja.co Email: doug.hull@qja.com.au
JP (Qual) 4152 3318 (AH) 2 135 @qja.com.au
M: 0447 021 591
The views expressed in articles & published in the QJA Journal are not necessarily the vi E:advertisements lance.watson@qja.com.au or the Board of Directors.© Queensland Justices Association claims copyright to all material published i reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at
Queensland Justices Association State Office
dale JP(Qual) QUEENSLAND JUSTICES ASSOCIATION - ACN 009 666 559 – ISSN 1839-2784 3353 2927 Printed by Zink Print. PO Box 236, Kallangur QLD 4503. Phone 0437 777 683 325 endale@qja.com.auThe Queensland Justices Association (QJA) is a not-for-profit public company limited by
Porter JP(Qual) 48 189 ter@qja.com.au
079 or visit us at www.zink
guarantee operating under the Corporations Act 2001 and is governed by a Board of Directors. 2
Serving Queensland’s Honorary Justices since 1918
Registered Office: Business Manager and Registrar Address: Wendy Postal La Macchia JP(Qual) E: training@qja.com.au Office Hours: Contact: Email: Website: Facebook: Registrar:
751 Stanley Street, Woolloongabba, Qld 4102. Training Coordinator Membership Officer Merchandise Officer POCindy BoxRevell 8419,JP(Qual) Woolloongabba, QldGabor 4102Beres Aaron Dunster E: training@qja.com.au memberships@qja.com.au E: merchandise@qja.com.au Monday – Friday 8.30am to E: 4.30pm Free call: 1800 061 423 - Telephone: (07) 3392 2455 - Facsimile: (07) 3392 2955 ACN 009 666 559 – ISSN 1839-2784 admin@qja.com.au 751 Stanley Street, Woolloongabba, Qld 4102. www.qja.com.au PO Box 8419, Woolloongabba, Qld 4102 Freecall 1800 061 423; Phone (07) 3392 2455 www.facebook.com/QldJusticesAssn E:admin@qja.com.au Angela Yin BA (Journalism), GradDipSocAdmin, MHumanServ, Cert IV TAE, Cert IV www.qja.com.au
Journal compiledisby an Editorial on behalf of theon QJA. | Editor Mr John Deputy Editor: Kate Kunzelmann. QJAisJournal compiled by Board an Editorial Board behalf of the QJA.Carpendale | Editor Mr Keith Revell 392 2955The QJA The
The views expressed in articles & advertisements published in the QJA Journal are not necessarily the views of the Queensland Justices Association The views expressed in articles & advertisements published in the QJA Journal are not necessarily the views of the Queensland Ju or the Board of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. No material may be copied or or the Board of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. No mater reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au
reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au
Printed by ZinkJPPrint. PO Box 236, Kallangur QLD 4503. Phone 0437 777 079 or visit us at www.zinkprint.net.au. AE, Cert IV Fin Serv, (Qual)
Printed by Zink Print. PO Box 236, Kallangur QLD 4503. Phone 0437 777 079 or visit us at www.zinkprint.com.au.
2
Serving Queensland’s Honorary Justices since 1918
eensland Justices Association
VOLUME 11 • NUMBER 2 • WINTER 2014 VOLUME 13 • NUMBER 1 • AUTUMN 2016
President’s Report PRESIDENT’S PAGE Dear Colleagues Dear Colleagues, we are often asked aboutRegistrar, the value of continuing to be The QJA Angela Yin has advised the a Member when anthe Department BoardQJA that she has received exciting job offerof in theJustice UK starting August and has consequently and inAttorney-General, JP Branch handed in her resignation. On behalf the Board (JPB) provide workshops forofprofessional I have (reluctantly but accepted development. Theunderstandably) answer is: Angela’s notice. This is a sad day for all of us, as As a member of QJA you are connected Angela has contributed a lot over her four years to and supported by, a network of people with the QJA and has accomplished many achievements which like you, dedicated to providing best practice service to the have beneted you, our Members, the company, and the wider JP community asopportunity Justices of that the Angela Peace or for community. The job hasCommissioners received is a great Declarations. career move and an adventure for Angela and I am sure you will join work her verythe closely andfor collaboratively JPB to ensure me inWe wishing very best the next stagewith of her career. We the best outcomesthe foradvertising you. JPB’sprocess, primaryand focus is toisprovide will shortly commence a notice later in this Journal (page 10). the regulatory and administrative framework on behalf of the government of Colleagues, the day. They in the Dear it hasadminister been a busythe fewJPs months for As the weather cools we with move towards Winter it iscoordinates aoftime of Community signing centres -the irrespective ofCouncil who theand Board Australasian Justices’ the year when historically start think about others the signing centre be people it QJA,(ACJA) JPB to or national another group andless they Associations conference, the fortunate themselves, and if you are wondering how you can also than conduct basic professional development workshops. We State Conference at Redlands, the Annual General help value-add you may want consider putting your as a JPrefreshers. or C.Dec to by to extending the ofofrole workshops into regional Meeting, and a reach number regional goodareas use bythrough supporting your local community. If you are a current our Branch which day provides practical the network Board planning renewal of the honorary justice youFollowing can help your local community byavolunteering hands on workshops where sample documents are reviewed strategy for the company has commenced with at a local signing centre, courthouse, or Police Station. If you arethe and completed in a peer support environment. Board agreeing that the Vision QJA is to: nervous or uncertain about dealing with some of of thethe documents “Be the Preeminent organisation for Queensland QJA Branches usually meet in the evenings and on you may encounter then mentoring and professional development Honorary Justices”. weekends and are governed by local JPs and C.Decs who services are available. Contact your local QJA Branch and discuss the are knowledgeable about local that you and In striving for this Vision the Board hasissues agreed that asaffect an organisation volunteering, mentoring and professional development opportunities We also provide a growing toamount of ouryour Mission and our focus is thataccess we are:to“Committed being the available intown. your area. online resources available to support you in your ongoing centre of excellence for Queensland Honorary Justices through a professional to assist you inrst performing your combination leadership, professional development and I am delightedoftodevelopment announce training, theand launch of our fully online, duties.training As an independent company weaccredited are able to lobby for both advocacy”. interactive course. The course is the module sides of planning government andwill advocate ontoyour behalf. Soexpand while new Commissioner for Declarations and already adevelop number of we Students The Board process continue as do provide basic workshops, theof QJA will continue to have enrolled and graduated with Statement Attainments issued. on JPB our Goals so that as an organisation we can concentrate on those This new method of delivering the Commissioner Declarations value-add and through ourdeliver Branch networks local knowledge, activities that are relevant and value to you for the Members. course complements currentprofessional classroom and correspondence provide practical our hands-on development for you, The Australasian of for Justices’ Associations is a courses. It offers an Council alternative individuals who are(ACJA) busy, who our Members. forum for JP Associations across Australia and New Zealand for live in locations, or for whatever reason nd itup-to-date difcult toon Byremote attending local Branch eventsrelating you keep public discussion and debate of matters to JPs. This year it attend one of our classroom courses. and procedural thatconference affect howconvened you deliver waslegislative Queensland’s turn to hostchanges the annual by your service, you can the networking with Senior President Ray enjoy Burrows has held opportunities the new officeJustices of ACJA The QJAVice remains the largest providerwho of training for fellow Members, and find out more about QJA resources President for 2014. The success of this year’s ACJA conference was of the Peace (Qualied) and Commissioner for Declarations and in services available to you as a Member. I encourage you to get due to the outstanding efforts of Director John Carpendale who through Queensland and, as a not-for-prot, all monies earned after costs infocus, contact with your Branch and out what they are dedication, andlocal attention toordetail delivered asupporting remarkable arehispassed back to the local Branches intofind programs timetable events: from welcome at new the Banco doing inofyour local area. you, our Members. With the the addition of this Online court coursehosted we by our patron Chief Justice Tim Carmody, to the conference held now The offerback-office a wider selection of course formats at more have locations computer system changes nowthan been in the Supreme Court building with guest speaker Damien Mealey, anyone else. In addition, our Students t fromseen being of a implemented and already benefitsbene are being in part the office. JP You Branch Registrar, to the AGMminded dinner held inC.Decs the Balmoral room network ofshould over 6,000 community JPs and supported expect to see more electronic communications the 30 Brisbane City Hallofwith guest speaker David Thomas, byofover across Queensland, available to updates help them as from usBranches in the form Newsletters and Justice Email when President of QCAT. they take their steps on their journey as a Queensland Honorary changes torstlegislation or procedures are identified that will Justice. Theaffect annual State wasduties. this year hosted by the Redland City how youConference perform your Branch who delivered an outstanding conference with high quality Part of the expansion of the new system means we will be The QJA is Registered Organisation (RTO) and thethe speakers in a polished and Training professional manner which showcased posting requirements more information about Branch and Events compliance have adhere meetings to are very best aspects of the QJA. we Over 180todelegates attended the high. event If and on our So if you are interested in attending local weoverwhelmingly want to website. continue delivering program we amust the feedback has this beentraining very positive. Congratulations meeting check out the website venue and meeting maintain strict standards of accountability andfor documentation. This to Branch Chairman Ian Hawes, Senior Vice President Ray Burrows and times. Improvements in our record keeping and registration does a burden on the of cefor staff can conference. sometimes cause the place Redland City Branch team anwhich excellent Special process we now record your attendance atmanaged events delays processing merchandise orders, new applications, workshop mention to means the MC of can the day Mrs Pauline Kilburn who as branch meetings, and online bookings, etc.workshops, If this has impacted you,on wetime doconferences, apologise. to such keep the Politicians and speakers and kept the delegates courses, which all form part of your Continuing Professional engaged and entertained during the day. Development, so when the government eventually introduces The Board of the QJA recognizes thatCaboolture as an RTO we must ensure I am delighted to announce that Branch has been renewable terms you can demonstrate your by commitment to wesuccessful strictly adhere to the requirements as set down the Federal in their bid and will be hosting the 2015 State Conference. professional development. bodyongoing which manages the RTO program and we recognize this does The conference details are still to be refined and more detail will placeIna February higher burdenannual on ourTrainer ofce staff, so we are investigating day was held in follow but at thisthe stage you can note inModeration your 2015 calendars that it will opportunities to streamline of ce procedures to minimize impacts - thisIsland is anon event where7th all November the QJA pre-appointment be Brisbane held at Bribie Saturday 2015. on other service deliverytoareas. We will keep you up-to-date as course these Trainers improvements to the This year we gather arranged fordiscuss the Annual General Meeting of the QJA new procedures are implemented. to be held on the same day as the State conference. Unfortunately
President’s Report
You may not have noticed but the Act under which all JPs and delivery, identify areas that could be updated, and prepare C.Decs operate was changed recently. The Justice of the Peace and for the changes that are foreseen in the year ahead. preCommissioner for Declarations Act 1991 was updated in The December appointment training program is an important service the QJA 2013. If you haven’t done so already it is worthwhile perusing the provides the community by trainingyourself new JPswith andthe C.Decs andA updated document and familiarising changes. preparing them for service in the community at signing centres, number of legislative changes have been made this year, including or in their businesses. Our approach has always tocourthouses, the Police Powers and Responsibilities Act, as a responsible JP or been you to deliver quality training program which C.Dec shouldakeep abreast of what changes are enables occurringour and Students competent andprocedures. capable new justices. any impactstoit be may have on your To honorary see what legislation Aschanged a Registered Training (RTO) wewebsite are has you11 can•refer to the Organisation Queensland Government VOLUME NUMBER 4 • SUMMER 2014 governed by a National framework a Federal www.legislation.qld.gov.au or go to theadministered QJA website by www.qja.com. with to audit compliance of the RTO auauthority and check out responsibility the Acts and Legislation page under the Home tab, here you cansoalways gain to direct access the veryand latest version program, we have always betodiligent ensure weof the Acts. with all the relevant legislation and standards. comply Following the Trainers Moderation day, the Board held another The Privacysession Act 1988 is an our Australian law which regulates the planning to refine strategic plan, further develop an unintentional set of circumstances resulted in the delayed delivery handling of personal information about individuals. This includes the Goals, and identify actions that will be implemented over the springuse, edition of and the Journal which contained the audited theofcollection, storage disclosure of personal information, the next twelve months. Last issue I explained our fourabout main financial reports, the Directors and access to and correction of thatdeclaration, information.information Signicant changesthe Goals being (in no particular order of importance): recommendation change auditors, regarding came into effect onto12th March 2014 and withexplanations the introduction of 13the 1. Training - Delivery and expansion accredited quality recommended constitutional changes. Australian Privacy Principles (APPs) whichofreplaced the National training. Privacy Principles and Information Privacy Principles which applies it The delayed delivery of the Journal was unfortunate, nevertheless to was organisations, and Australian Government agencies. 2. the Marketing Create and improve brand awareness Boards view, which was supported by the Members present, that ensure fairness to those Members who did not receive 3. to Membership - Improvement of member retention and the AsJournal an organisation with less than $3m turnover the QJA is exempt containing the AGM documents in time that the AGM should participation from the Privacy ActSaturday but the Board has agreed that we should ensure be adjourned until 8th November. Community Engagement - Increase community our4. Privacy Policy complies with the Australian Privacy Principles. While the was unintentional the Board must ensure complies engagement - serving your local community Director Rondelay Court has been reviewing our Privacy Policyitand has with its obligations and duties under the Constitution and the recommended a few minor technical adjustments to our Policies Over the weekend sessions, Goals openness were Corporations Act, and planning is committed to actingthese with fairness, and Procedures to programs align with the requirements. The over key aspect expanded into thatnew could be delivered the and integrity with our Members. Despite the AGM being adjourned, ofcoming the Privacy Actwhich is protection of your information. The QJA will months lay the platform for membership growth the Members whoyour attended following theexternal State Conference had never sell or pass details on to any third party, thethe and expansion of ourquestions services.ofActions havethe been assigned opportunity to raise myself and rest of the Board exception beingwho the will Department of the Attorney-General, Justices to Directors champion programs and regarding the motions that wereofthese to be presented. Theoversee adjourned oftheir the Peace Branch. The Justices the Peace and Commissioners implementation. A number of scheduled the programs excitingfrom AGM was heldAct on 1991 Saturday 8th as and offer the minutes for Declarations requires all JPs and C.Decs to keep the JP opportunities for later Branches to utilise new like technology and both meetings in of thisany Journal. I would to thank all those Branch Registrarare informed changes to contact details: services willthedeliver very real and improvements Members which who took time to some attend the AGM’s again apologise and benefits to you. “Watch this space” for some exciting the inconvenience. 22for Registrar to be notied of change to registered particulars announcements over the coming months. (1)One outcome A person who an appointed of the peacefor or an from theisAGM was the justice overriding support holding During March thesame International Women’s Day With (IWD) event was appointed commissioner forconference. declarations is tothis notify the the the AGM at the time as the in mind held in Brisbane and regional registrar of any change thecentres. person’s name or deadlinedate Caboolture Branch hasother agreed totopush back theWhile Statethe Conference for we are able to include feedback from contact details stated in the AGM register 30 days of so this that Journal we maymeans again as hold thenot 2015 onwithin the same day as the the event changethere and provide anyworthwhile reasonablearticle proof by theDirector registrar this year’s is a very conference. may require thefollowing change. Kate inofthat this issue andan the eJournalreview will contain I am Kunzelmann pleased to note extensive of our alease photo slideshow of past IWD events. options relating to the occupancy of QJA House at Woolloongabba ToThe inthree this process theonmeeting QJA pass on JP Branch updated a aid newannual year lease the will current floor has signed General willground thisto year be been held in contact details when a Member advises us that changes have occurred securing our with premises for theConference future. My thanks Dave Read conjunction the State whichtoisDirector being hosted to who postal address,the phone numbersand orinvestigations email (no other information conducted negotiations behalf. in Rockhampton by the Rockhampton Branch on onour Saturday is passed on). If you do not want your details passed on to the JP th 29 October 2016. Members agenda items and motions After please over 14note years service to the QJA Board it isforwith Branch thismeritorious in your update correspondence. the AGM should be lodged with the Registrar at Bob State office sadness that I accepted the resignation of Director Pilkington. no later than 5pm on Friday 20th April 2016. The Notice of Bob has decided to focus on other pursuits and has therefore resigned Your regional Directors have been very active over the past few Meeting and Proxy forms will be in the next issue of the Journal from the QJA Board and all related positions effective immediately. months supporting their local Branches with new Contact Groups It our website. was obviously a very difficult moment Bob as it in brings an end inand theon Bundaberg region, potential newforBranches the to North, overeJournal 14 years involvement with theRockhampton QJA Board. article on Bob successful workshops hosted andtheLogan, with The is growing in by popularity and I See urge you, when laterBranches in this other organising additional workshops, greater focus reading theJournal. eJournal to keep an eye outand fora the added oninteractive growth and delivery ofasservices to you,and ourphoto Members and the features such audio, video, slideshows. broader community staydepicted tuned. by an icon which looks like They will normallysobe Till next time. this: or this. Till next time, Till next time,
KeithRevell Revell – President Keith - President
Keith Revell - President Serving Queensland’s Honorary Justices since 1918
3
INTERSTATE AND INTERNATIONAL DOCUMENTS
Every now and then, we are asked to process a document that has originated somewhere other than Queensland. So what should we do in these circumstances? Are these documents always outside of our authority or are there some exceptions to this rule? A sensible starting point is the Justice Department Handbook which spells out the DOs and DON’Ts of JP (or C.Dec) duties. The following is a reproduction of the content of Chapter 10 from the most recent issue of this document for Justices of the Peace (Qualified). (The same directions apply to Commissioners for Declarations): What powers do I have for witnessing international, Commonwealth and interstate documents? International documents You have no authority to sign a document intended for use outside Australia. International documents must be witnessed by Notaries Public, Consular or Embassy Officials unless the document specifies otherwise. Commonwealth documents You may witness Australian Commonwealth documents anywhere in Australia or overseas. Commonwealth legislation recognises that your appointment as a JP(Qual) under state legislation authorises you as a witness for Commonwealth documents. Therefore, neither state nor national borders limit your powers as a witness for Commonwealth documents. Interstate documents Witnessed outside Queensland You may not witness interstate documents while you are outside Queensland. However, some states have legislation authorising JPs from other states to witness certain documents in their particular state. Before agreeing to witness an interstate document while you are outside Queensland, you should seek advice from the agency responsible for the document in that state. Witnessed in Queensland In some circumstances, however, you are able to witness interstate documents while you are in Queensland. It would be entirely up to the court or authority where the document is to be lodged whether you are acceptable as a witness. (You should try to ascertain this before witnessing the document.) 4
Serving Queensland’s Honorary Justices since 1918
Queensland documents witnessed outside Queensland Your appointment as a JP(Qual) is made under Queensland legislation by virtue of the Justices of the Peace and Commissioners for Declaration Act 1991, and therefore your powers apply to all matters within the State of Queensland. This means that you may perform your functions as a witness in another state or territory, or indeed internationally, provided that the document in question is to be used in Queensland. The following examples may help to illustrate this limitation of power: • You are in London, and someone approaches you with a statutory declaration to be witnessed. The document is to be tendered as evidence in a court hearing in Brisbane. You have the authority to witness this document. (If the document were to be used in England or anywhere else apart from Queensland, you would not have the authority to witness it.) • You are in Brisbane, and someone approaches you witness a Family Law form (a Commonwealth document), which is to be used in Western Australia. You have the authority to witness this document. • You are still in Brisbane, and someone else approaches you with the same type of Commonwealth document – a Family Law form – only this time it is to be used in Queensland. You have the authority to witness this document. • In Queensland, you are approached by someone who wishes to have you witness a New South Wales document that is to be filed in the Supreme Court of New South Wales. You may witness this document, but you must note beside your signature that you are a JP(Qual) “for and in the State of Queensland”. It will then be up to the New South Wales court to decide whether or not the document is acceptable. Why the limits on my powers to witness international and interstate documents? As your appointment as a JP (Qual) is made under Queensland legislation, in general your powers pertain to Queensland and Commonwealth documents. Unless a particular document specifically allows it, you do not have the authority to deal with documents coming under the legislation of other States or other countries. How do I witness… …Queensland documents while interstate or overseas? You must witness these documents in the normal manner, as set out in the standard procedures, and also the special requirements for oaths and affirmations. …Commonwealth documents? Wherever you are, whether in Queensland, interstate or overseas, you should follow the standard procedure. …interstate documents while in Queensland? Again, you should follow the standard procedure, except that you should also note next to your signature that you are a JP(Qual) “for and in the State of Queensland”.
VOLUME 13 • NUMBER 1 • AUTUMN 2016 Frequently asked questions Is a Queensland JP(Qual) recognised as a JP under other states’ legislation? NO. You are a JP for Queensland only. It is possible for someone appointed as a JP for Queensland to also be appointed to a class of JP for another state by and under the legislation of that other state. Can I witness passport applications? Though there is no longer a requirement for a passport application to be witnessed by a JP(Qual) or a C.Dec, you are free to do so if asked. As from 2 September 1998 there have been two types of applications, one for an adult and one for a child. Both applications contain a proof of identity declaration, which needs to be declared before any Australian who meets the following requirements: • has known the applicant for at least 12 months, and, • is not related to the applicant, and • is an adult holder of an Australian Passport, valid for more than two years and issued after 1 January 1987, or • has been on the Australian Electoral Roll for the preceding 12 months, and is prepared to nominate his or her electoral roll registration details and date of birth. The previous 26 categories of identifiers are no longer valid. (End of Chapter 10) So, in practice, what does this mean? As indicated above, both Queensland and Commonwealth legislation specifically empower Queensland JPs to perform certain functions. Technically, this also limits the extent of a Queensland JP’s formal authority. However, it is also possible for legislation and/or policies adopted in other jurisdictions to recognise the authority of Queensland JPs for their own purposes, as the following examples indicate: Statutory Declarations: The New South Wales Oaths Act 1900 (s 26(1)) recognises the authority of JPs in other States
to witness NSW statutory declarations made in that State. Similarly, Queensland legislation specifically recognises the authority of JPs from other Australian States to witness Queensland statutory declarations (Oaths Act 1867 s13(1) (a)). Even where this practice is not specified in legislation, the procedural policies adopted by interstate governments generally recognise the authority of Queensland JPs to witness their statutory declarations made in Queensland. Affidavits: Experience has shown that many courts in other Australian States have adopted procedural policies that recognise the authority of JPs from other jurisdictions (including Queensland) to witness affidavits used in those courts. Consular documents: We are also aware that the Australian Embassies and Consulates for some foreign countries accept the authority of Australian (including Queensland) JPs to witness their documents. Life certificates: Many international pension authorities send their Australian resident pensioners an annual life certificate document which requires the pensioner to have the document witnessed by a local entity like a JP. No guarantees: Whilst the authorities in some jurisdictions outside Queensland have adopted procedural policies to recognise the authority of Queensland honorary justices to witness their documents, unless this authority is spelt out in legislation, they are not obliged to accept you as a witness and may decline to do so. Where a deponent seeks you out to witness a document that is to be processed interstate or overseas, you should ensure they have confirmed you will be an acceptable witness. If they assure you this is so (and they understand the associated liability is theirs), you may witness the document – but be sure you add the notation “FOR AND IN THE STATE OF QUEENSLAND” and note your logbook about the assurance they provided…….. Now try the quizzes on page 13.
PLEDGING FOR PARITY – INTERNATIONAL WOMEN’S DAY Acknowledgement: UN website, QJA Codes of Conduct. The Queensland Justices Association has a tradition of celebrating the role of women. One way in which we do this is through the International Women’s Day events. The 2015 gathering was very special (eJournal readers can see a video by clicking here: Video ), with a brilliant guest speaker and the 2016 one on 6th March will be just as special. The impetus for International Women’s Day comes from the United Nations, and the celebration was started from 1975, designated as International Women’s Year. Through International Women’s Day, women are acknowledged for their achievements, looking back on past struggles related to inequality, and looking ahead to future opportunities. Given the slow progress of gender parity, we enthusiastically adopt Pledging for Parity, the 2016 theme. Everyone men and women - can pledge to take a concrete step to help achieve gender parity more quickly - whether to help women and girls achieve their ambitions, call for gender-
balanced leadership, respect and value difference, develop more inclusive and flexible cultures or root out workplace bias. Each of us can be a leader within our own spheres of influence and commit to take pragmatic action to accelerate gender parity. So my small effort at Pledging for Parity, is to use language that neither excludes nor patronises, but is both inclusive and respectful. To speak of the progress of humanity, rather than the progress of man. To speak of women as equal to men, with just as much potential and just as much talent. And I look forward to the day when we do not have to talk about this, but find a basis for equality that finds its way into our language. Justices of the Peace need to be respectful of our clients, using non-gendered and inclusive language where possible. Our Code of Conduct requires us to be non-discriminatory, respectful and “without prejudice”. In this way, we contribute to the ideal of Pledging for Parity, creating a world of gender equity. Kate Kunzelmann, QJA Director
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PERSONAL PROFILE – DAVID McVEAGH After exchanging emails and letters for the last couple of years, in mid-January 2016, I was fortunate to spend some time speaking face-to-face with this very special QJA member – the remarkable George (known as David) McVeagh. Approaching age 85 (and suffering from inoperable pancreatic cancer which means he is most unlikely to actually achieve this milestone), David remains a very active (and proactive) justice of the peace. Possessing a compulsive passion for continuous improvement (notwithstanding the burden of his failing health) David continues to enthusiastically pursue the initiatives to which he is firmly committed. If anything, his pending demise has resolved even greater urgency into the pursuit of his pet projects. Until 12 months ago (when he first began to feel unwell), David was an active participant in the JPs in the Community program, devoting his time to serving the public at signing sites in Brisbane City, New Farm and Bulimba. In fact, David initiated the establishment of two of these services (at public libraries) and worked weekly at each of the three venues – as well as being available for the regular witnessing of Police documents at the city apartment building where he resides. Since the onset of his illness, David has been unable to attend the public signing facilities but he continues to make himself available to process Police-initiated documents (warrant and summons applications and oaths of service). In fact, his treating specialist believes his ongoing active JP participation has granted him a few precious extra months of life beyond what was originally anticipated. Born in Ireland in 1931, David migrated to Australia as a 20 year old in the early 1950s. His employment path for the first few years in his new homeland took him from Sydney (where he landed) to several country outposts in New South Wales in jobs with the State Rail authority. He then successfully applied for a position which took him, for the following decade, to the Electricity Commission of Papua New Guinea where he achieved his qualifications as a surveyor (via distance study with the University of Queensland). He returned to Australia (South Australia) in 1965 where he tried his hand at small business in the food industry with an enterprise he sold after three years when its success grew the entity beyond the “small” status. Returning to the surveying profession for the next 22 years, he worked in exotic places like Singapore, Indonesia and the United Kingdom before returning to Oz (Western Australia) in 1990. Within a short time, he established his own survey supplies manufacturing business which he ran successfully from Brisbane for the next 20+ years. A Queensland resident since the early 1990’s, David first became a JP in 1992 and has been “active” from that time but more particularly so since his retirement from business in 2013. His pet JP projects in recent times have included: • a campaign to have JP services operating from every public library in Queensland; and 6
Serving Queensland’s Honorary Justices since 1918
• an extension of JP authority under the Police Powers and Responsibilities Act 2000 the allow the issue of warrants for police to search electronically stored data (currently restricted to judge or magistrate approval – s154). In relation to these matters, David has issued communications outlining his case to interested parties (like the QJA Board and the Executives of QJA Branches) and public figures (like the State Attorney-General and the Brisbane Lord Mayor). David believes that the infrastructure associated with public libraries makes them ideal sites for the provision of community JP services. Although some public libraries throughout Queensland already host JP services, there are many more that do not. His proposal to expand the authority of JPs to include the approval of warrants to search for electronically stored data has been received and acknowledged by the Justice Department but there has been no determination to vary the existing policy. David’s passion for continuous improvement has also been directed to some social initiatives including: • a proposed annual Heroes Day; and • a Story Bridge pedestrian safety fence. His Annual Heroes Day proposal is to allow the community to honour the members of the various Emergency Services (Police, Fire, Ambulance and SES) who regularly put their lives on the line so that our communities can be a safer place for all of us. Again, his proposal has been acknowledged but to date there has been no progress towards achieving his vision. (There is an already existing National Police Remembrance Day but this has not been extended to the other services). As residents of a Brisbane City apartment with balcony views across the river to the western side of the Story Bridge, David and wife Barbara have been the unfortunate witnesses of several suicide attempts of people jumping from the bridge’s walkway. David proposed to the Lord Mayor that a suicide barrier be constructed to prevent a reoccurrence of what he and his wife had previously witnessed. Although he was initially informed the Budget did not contain adequate funds, the project has now proceeded and was recently completed (without any public fanfare). Naturally, David is justifiable pleased that the objective he sought with this important initiative has been achieved during his lifetime. Whether or not we agree with the initiatives that have been the target of David’s passion, it is apparent his underlying rationale is to improve the communities in which we reside – to make our world a better place for us and our descendants. Thank you David for all you have done - both as a JP and as a member of our community. It’s been an inspiration to have known you – if only for a relatively short time. John Carpendale, QJA Journal Editor
VOLUME 13 • NUMBER 1 • AUTUMN 2016
PERSONAL PROFILE – ROBERT BOLCH (QJA MELBOURNE CONTACT) Becoming involved in Justice of the Peace organisations in two states has enabled me to assist people with important documentation, whilst at the same time, giving something back to the community. At the outset, I would like to say that the training I received in becoming a Queensland JP (Qual) was infinitely more involved than when I applied to become a Victorian JP. That said, (of necessity) there have since been many changes to the Victorian JP training program. This is similar to the exercise carried out in Queensland many years ago when the three tier JP system was introduced. Upon my retirement it was suggested that we move down to Victoria to be close to our grandchildren, a move which took place in 2003. In consideration of the fact that I was a Queensland Justice of the Peace (Qual), my family suggested that I might want to see about becoming a Victorian Justice of the Peace. I applied for and was sworn in by a Frankston Magistrate on 8 August 2004 as a Justice of the Peace for and on behalf of the state of Victoria. After my appointment I volunteered to work at the Dandenong Police Station Document Signing Station. Our home was in Langwarrin, which is approximately midway between Dandenong and Frankston on the Mornington Peninsula, so I decided to join the Mornington Peninsula Branch of the Royal Victorian Association of Honorary Justices (RVAHJ). As I lived in Langwarrin and there was no Document Signing Station either in Langwarrin or Frankston, I decided to do a feasibility study at the Frankston Police Station. The pilot study, sanctioned by the Officer in Charge, Senior Sergeant Donald, found it would be beneficial and the DSS opened in the Frankston Police Station on 2 August 2005. So less than a year after my appointment as a Victorian Justice of the Peace; I had set up the Frankston Police Station Document Signing Station. Since then I have managed to enlist the assistance of over thirty (30) of the local JPs to volunteer at this Document Signing Station. We have a regular staff of ten (10) JPs and are operating six (6) days a week and processing approximately five thousand (5,000) documents a month. As an adjunct of this community service, I have set up Document Signing Stations in the Mornington, Rosebud and Carrum Downs Police Stations and assisted in the establishment of the Hastings Police Station Document Signing Station. To streamline the Document Witnessing Process I produced Templates which are still used today, they record JP’s attendance, how many Statutory Declarations, Affidavits, Certified Copies and other types of documents they process each shift. Over the ten years the service has operated, records have been kept and details of JPs who have worked at the DSS have been retained and collated. For the past three years the details of every duty JP currently working at the Frankston DSS have been forwarded to the Manager, Honorary Justice Office in spreadsheet form. This has been implemented as a way of indicating how active those JPs
on the Frankston DSS Roster are, each member also have their own Log Book in which they record personal activities servicing their local area. I have also made available seven Information Manuals for duty JPs covering most aspects of problems they may encounter from time to time. One would think that there would not be much for a Qld JP (Qual) to do in Victoria, but I soon found that this is not the case. Many Victorians took up the purchase of investment properties in Qld and a lot of the Victorian JPs were reluctant to process the Qld Land Transfer and Mortgage documents. Part of my role as Roster Coordinator in the Document Signing Station is to mentor JPs on what they may do when witnessing Qld Documents. In reply to a question in the RVAHJ Publication (CUSTODES), I penned an article outlining the QJA policy in respect to Mortgage documents and assured them that they were only required to certify copies of identification documents and not verify the Identity of the Mortgagor. I have witnessed an Affidavit of Justification for a Couple whose son was being held in detention in Qld where they had to mortgage their property to gain his release on Bail. Several times I have been called on by the Australian Taxation Office to witness Summons to be served on Victorians in relation to Complaints from Qld. I have witnessed the transfer of a share portfolio of a couple who have separated. I have lost count of the number of Qld Land Transfer Documents I have witnessed as well as associated Mortgage Documents. Qld Traffic Infringements, incurred when lead-footed Victorians are on holidays in Qld seem to be common. One day I was asked to witness eighteen (18) Statutory Declarations for Traffic Infringements. The man stated that he was now living in Victoria, and he had loaned his car to his daughter who was residing in Qld. She had racked up eighteen infringement notices and had bundled them up and sent them to Daddy as it was his car, when he left I think he was tossing up whether to disown her, or not mention her in his will. In closing I would like to send a special thanks to Keith Revell JP (Qual) our President; for the patient assistance he gave me when I was wrestling with the new Interstate Internet connection. I have attached a photo of myself standing at the counter of the Frankston Police Station where we conduct our Document Signing duties. I am wearing my QJA tie as I tell the other JPs that the Frankston DSS is really the most southern Queensland Document Signing Station. This photo was taken before the counter was recently raised 300mm due to a recalcitrant member of the public jumping over the counter as a result of an altercation with a Police Officer. Working in a Police Station is never boring as some of the visitors tend to “March to the beat of s different drum”. Robert C Bolch, QJA Melbourne Contact Ed: Edited version of article. In addition to remaining a valued QJA member, Robert is a member of our sister organisation RVAHJ (Royal Victorian Association of Honorary Justices) and in appreciation of his services to the Frankston community as a JP, he has been awarded a Police Commissioner’s Citizen Commendation and was the recipient of a Paul Harris Fellowship. eJournal readers may view the full text of Robert’s article by clicking this icon: Full Article Serving Queensland’s Honorary Justices since 1918
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MAKING IT EASIER IN THE END The role of JPs and C Decs in terminal illness Justices of the Peace and Commissioners for Declarations play a significant part in people’s lives. Not always highly visible, just there in the background, facilitating and making life easier for people at important points in their lives, and helping people to meet legal requirements in so many areas. People faced with knowing they are coming to the end of their life require special services. Persons facing death through long illness, cancer or any number of diseases, need to have some control over the manner and timing of their death, and need to arrange for their affairs after they have died. It has been shown that having these arrangements in place makes for a more peaceful passing. Ipswich Hospital has a Palliative Care Unit, and also has a partnership with Ipswich Hospice. In these units, patients who are dying are lovingly cared for as they come to the end of life. Palliative Care units and hospices are there to provide quality of life for the dying person. Justices of the Peace and Commissioners for Declarations show their human face in assisting patients to make end of life arrangements. The Justice of the Peace and Commissioners for Declarations at Ipswich Hospital has a particular role in helping people with their Advance Health Directives and with Enduring Powers of Attorney. The Advance Health Directive is used by terminally ill people to exercise their right to refuse available interventions in their health care. It particularly applies when people with severe illness are unable to communicate their wishes, perhaps unconscious, or perhaps affected by medication, at the very time when critical decisions need to be made. The Advance Health Directive allows a person to say to what extent they want medical treatment that may or may not prolong life. It is logical that extending life at any cost may not be the choice of a person with terminal illness. A statement of choices can be of great comfort to family members who would otherwise become the default decision makers, and who may, without this direction, disagree on the best way to deal with critical decisions. This can help to promote dignity and show the proper respect for the dying person. The Advance Health Directive is recommended for young people as well, even those who are convinced they will never need it. These instruments apply equally to those patients with cancer or neurological disease, as it does to those who have a chronic illness such as chronic obstructive pulmonary disease, a disease which makes breathing difficult and which requires multiple “rescue” trips to hospital in the advanced stage. A decision to limit “heroic” treatment allows the person and the family to prepare for death in a considered way. When death is expected, it can be comforting to know that a trusted person can manage affairs through the use of the Enduring Power of Attorney. While a very ill person can continue to make decisions for themselves, they can do so, and it is important to appoint an attorney who can carry out the practical details of those decisions on behalf
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Serving Queensland’s Honorary Justices since 1918
of the person making them e.g. the management of money. The Enduring Power of Attorney may come into complete operation when the person is incapable of understanding the nature of and foresee the effects of decisions, and is unable to communicate decisions. The attorney’s power to act on the person’s behalf is ceased on the death of the person, when the terms of the will come into operation (wills not specifically requiring a Justice of the Peace or Commissioner for Declarations). Justices of the Peace and Commissioners for Declarations have a compassionate and sensitive role in helping people to deal with these aspects of dying, and making for easier decision making by family. The overall effect is a much calmer and dignified dying process, reducing anxiety and stress for the person and the family at a time that can be chaotic and uncertain. The QJA commends the important work of those Justices of the Peace and Commissioners for Declarations at all hospitals and hospices. Kate Kunzelmann, QJA Director
Alan Broughton, Bob Pilkington and Ron White (pictured above) are three of the Ipswich Hospital volunteers.
FREEMASONS QUEENSLAND IS PART OF A CENTURIES-OLD TRADITION OF HELPING MEN BECOME THE BEST THEY CAN BE
Become a Freemason and make more of life If you would like to find out more about Freemasons Queensland, have any further questions or would like more information on any related topic, please contact us.
United Grand Lodge of Queensland Masonic Memorial Centre, 311 Ann Street Brisbane GPO Box 2204, Brisbane Q 4001 Phone (07) 3229 3533 www.uglq.org.au
VOLUME 13 • NUMBER 1 • AUTUMN 2016
2016 STATE CONFERENCE – GET READY Pack a picnic rug and enjoy a lazy afternoon in the Rockhampton Botanic Gardens. Over 130 years old, the site was recently heritage listed. The Rockhampton Zoo is located within the botanic gardens and is another interesting place to take the family during your holiday.
Rockhampton’s charming historical architecture has captured the hearts of visitors for many decades. Founded in 1853, the city is home to heritage post offices, historic streetscapes, majestic cathedrals and quaint homes. The Rockhampton Heritage Village is an active township museum where you’ll be able to step back in time and discover the region’s rich history. You’re guaranteed to get a great steak in Rockhampton because it happens to be the Beef Capital of Australia. You’ll find six bull statues dotted around town representing the main breeds of the area – as well as the biggest studselling venue in the Southern Hemisphere – Gracemere Saleyards, which boasts the largest throughput of export beef cattle in Queensland. For a true spectacle, be sure to check out the weekly rodeo at the back of the pub at the Great Western Hotel. Nature lovers will enjoy exploring Mount Archer National Park with its spectacular range of native plants and wildflowers. The mountain itself is 604 metres above sea level and offers glorious views of Rockhampton and the coast. The Capricorn Caves, located 23 kilometres north of the city, are a series of magnificent limestone caves that are definitely worth a visit. For aboriginal history, head to the Dreamtime Cultural Centre, set in some 30 acres of natural bushland on Ancient Tribal Sites.
Rockhampton Information • Rockhampton Home • Rockhampton Accommodation • Things to do in Rockhampton • Rockhampton Events • Rockhampton Tours • Rockhampton Transport Come and enjoy the 2016 State Conference in ROCKHAMPTON Saturday 29 October 2016 QJA - Rockhampton Branch Secretary: Jane Comollatti – 0422 596 387 Chair: Lance Watson - 0447 021 591 E-mail: rockhampton@qja.com.au Keep a watch in the next edition of the QJA Journal and e-mail for more information. Look out for: • Conference Dinner Saturday Night • Key note speaker • Accommodation Specials from local Motels • Special Discounts for members at local businesses
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NEWS IN BRIEF Updated Mobile website We are delighted to announce another major release of the QJA “Mobile App” for smartphones and tablets. While this is not truly an “app” in the sense that it is not installable on a tablet or smartphone, it is designed to work on the smaller screens of tablets and smartphones and be easier to read and enables quicker access to key information. Please check out the mobile app here: http://www.mobile. qja.com.au. The following screenshot shows the opening page, and in the eJournal by clicking on this picture you will launch a short video showing the content and how to navigate.
The same edition of the Bulletin also covered the following matters: • Alerts & Information Limit of Queensland Government Liability Insurance cover JP Branch Social Media & online forms • Professional Development Details of JP Branch 2016 workshops • JPs in the Community Program Mentoring program news New/relaunched sites at Bulimba Library, Logan Central Plaza & Robina Town Centre Introducing Belinda Cronau (Acting Community Engagement Officer, Townsville) • Witnessing Statutory Declarations Outline of standard procedure Additional detail required for NSW declarations • Title Registry forms Discontinuation of Parish & County information on forms Inclusion of Lot and Plan number details continues to be mandatory • Long Service Awards Names of 50 years Certificate Award recipients QJA eJournal readers may view of the December 2015 issue of JP Bulletin online by clicking this icon: JP Bulletin
QJA Office Manager – in recovery mode
We would really appreciate your feedback, comments, suggestions and ideas on additional content.
QJA Director profiled in JP Bulletin
In late January 2016, Wendy La Macchia, QJA Registrar and Office Manager, underwent a successful operation to repair her right shoulder. Since the procedure and whilst undergoing rehabilitation therapy, Wendy has been limited in her capacity to use her right arm – however, this has not prevented her from attending work, albeit with arm in sling for some of the time. Recovery is progressing as anticipated and she is expected to be back to 100% in the not too distant future. eJournal readers may enjoy some of Wendy’s humorous reflections of her early recovery period (which she calls Zombie Days) by clicking this link: Zombie Days
STATE OFFICE NEWS The December 2015 edition of the Justice Department’s JP Bulletin placed QJA Director Carmelo Pasquale “under the magnifying glass”. The article chronicles Carmelo’s employment history, his personal and social life and most of all, his role serving his local community as a justice of the peace for the last fifteen years in the Mackay region. The QJA Board is fortunate to have a person of Carmelo’s esteem as one of its directors. 10
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Now that we are into the new year (didn’t the last one go quickly?), the QJA calendar is heating up. A few branches are planning refresher workshops which is great to see. In the past we issued attendance certificates for members attending branch refreshers. A lot of the time this was so that should it ever be a requirement to prove that members were up to date with their skills, there was some backing in the form of a certificate. With the roll out of our member database which includes event registrations we can keep a record against each member for events that have been attended within the database itself. Since the Redlands workshop in October and the State Conference in November, we have been processing event registrations through the new software. (Continued on p15)
VOLUME 13 • NUMBER 1 • AUTUMN 2016
ROLL OF HONOUR Members should note that the Roll of Honour recognises the length of Membership of the QJA. Members wishing to receive the official distinguished service certificate as a Justice of the Peace for the State of Queensland should contact their local State Member of Parliament. The Board wishes to acknowledge the long service given by the following Members.
60 Years QJA Membership Elwyn Franke
40 Years QJA Membership Graeme Chesterman
Phillip Hillery
David Wright
Owen Vickers
Douglas Merchant
25 Years QJA Membership Geoffrey Lapthorne
Welcome to New Members The following have joined the QJA since the last Journal: Aaron Acreman Yelena Adams Mohammed Ali Scott Allison Hannah Arnold Jessica Arthur Donna Austin Kendall Avent Simone Baker Kylie Barratt Christopher Barton Neville Bates Mark Baxter Lisa Bayliss Ashleigh Beauchamp Patrick Benson Lyn Bentley Sylvia Bentley Lois Berlund Karen Beveridge Heather Biggs Maree Blakemore Linda Brady Anton Braun Jodie Brookes Lenita Brown Thomas Cameron Kymberlie Cameron Letitia Campbell Alison Cavanagh Deidre Chaffen Colin Chandler Daniel Chen Lukas Christensen Charles Clowes Jessica Coake Deborah Cooper Morgan Corones Melissa Coulter Natalie Cox Adrian Coyne Justin Crakanthorp Janelle Crilly Natalie Cross Duane Crowther
Amanda Cutts Andrew Dalton Vahid Daneshjou Wesley Davey Emmanuel De Guzman Larissa Dent Ashlee Denyer Monica Duniam Christina Feenstra Geoff Ferguson Linda Finlay Lucy Fisher Peter Floyde Lee-Anne Ford Mark Forwood Katrina Francisco Stevie Franks Kerry Fulmer Mary Gentle Vivian Gillard Jeanette Glasgow Emma Goodall Tiffany-Jane Gray Ben Griffin Jane Hall Norijah Hardaker Luke Harlow Craig Harmer Brittany Harrop Lana Harvey Bridget Headland Gordon Heelan Emma Hennell Christopher Hill Wendy Hinschen Joeleen Holmes Katrina Howat Gavin Howat Paul Huddle Michelle Hudson Julie Ives Rakesh Jivan Jacqueline Johnson Raymond Jones Michael Kelso
Lachlan Kendall Zoran Klipic Domiana Lamanna Jacinta Lee Jarien Long Tom Lucey David Manning Clare Manton Hannah Marchant Reza Matouri Cheryl McBride Damian McCabe Tracey McCarroll Bettina McClymont Carina McGarry Jennifer McLean Angela McLintock George (David) McVeagh Alexandria Morris Edward Moynihan Emily Muir Carolyn Murtha Christine Neilson Tony Orchard Sonia Palmer James Palmer Rachael Parker Susan Partington Laura Passfield Jamie Paterson Derek Payne Siew Geok Peh Ian Phipps Harry Ploetz Roger Poed Acacia Prince-Pike Carl Ptolemy Suzanne Ramke Rebecca Ravenswood Norma Raymer Robert Raymount Sue Reckenberg Duncan Richards Luci Ridgway Angela Ross
Karen Ross Leah Rossi Sam Sari Sarah Schloss Gail Schloss Vanessa Schmidt Lisette Schulz Chara Scroope Helen Searles Sara Shapcott Sonia Shead Rebekkah Silva Laura Simpson Reeves Simar Singh Josephine Smith Madeline Smith Gaye Sprintall Cheryl Stagg Katrina Stead Janene Steinhardt Steven Sutherland Leigh Sweeting Cedar Tegan Charles Trappey Richard Trevillien Elizabeth Tuckwell Franciscus Van Der Lee Jenine van Egdom Georgette Vanderwolf Maria Veneris Katherine Visini Stella-Maris Wade Sharon Ward Emma Waterhouse Josh Waters Natnicha Wilaiwan Frances Wilkinson Candida Willis Graeme Willox Mervyn Wilson Leah Woodward Elizabeth Wright Craig Yarrow Judith Young Michael Yule
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Q&A Q1 I am enjoying the online version of the QJA Journal and its navigation and reading features. However I am puzzled about the web links that are being used. I have been assuming that the link http:// www.qja.com.au/journal/ would take us to a list of the available editions of the Journal in online and PDF versions. Instead it just gives us the most recent edition. The online Journal is an excellent project but the web links need to be simplified and an easy way to discover the online journal provided on the main web site and the mobile app. A1 Thanks for feedback on the eJournal. The various links in the Members Content website have now all been updated. The magazine archive now provides a link to the document pdf so you can download it (although you can also do this while viewing the eJournal) and you can access past editions of the eJournal in the “Member Content and Resources” section by selecting the New Digital Interactive QJA Journal item. Realising that we should keep archive versions available of the eJournal meant we had to change our naming protocols, hence the links previously released are no longer applicable. As well, the QJA mobile App has been upgraded as indicated in the article on page 10 of this issue. Q2 Is it necessary to include (J.P Qual) after your signature, if you use your seal? A2 When using your seal of office, you do not need to also note your mark of office i.e. your qualification. The seal contains your qualification e.g. JP(Qual) or C.Dec. When signing your name without your seal of office, it is necessary to place your mark of office adjacent to your signature. Some justices notate their mark of office after their signature and then also place their seal of office. It is not necessary to do both – but neither does this invalidate the document. Whether you use your mark of office, your seal or both, you should in all cases include your registration number. Q3 When approached to issue a summons under the Peace and Good Behaviour Act and we believe a better outcome would be mediation, is there a recommended process for a JP to follow? A3 Before you can issue a Summons under the Peace and Good Behaviour Act 1982, you must be absolutely certain that: • the defendant has threatened to assault the complainant or someone in their care, or to damage or destroy their property, or to get someone else to perform any of these actions; and • the complainant is genuinely in fear of the defendant. Unless you are satisfied these conditions exist, you should decline to issue the summons. 12
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If the complaint relates to the quiet enjoyment of the complainant’s property, and if you consider that the matter would be better dealt with by mediation, you may, with the consent of the complainant, order the matter to mediation. The complaint would then have to contact one of the Dispute Resolution Centres (Justice Department) for mediation to be arranged. (Quote from Justice Department handbook) Q4 I was recently asked to witness a Divorce Oath of Service document which was in a different format to those I have experienced previously. On closer examination, it became apparent the document was downloaded from the Western Australia Family Court website – even though it allows a lodgement option for the Federal Circuit Court or the Family Court of Australia (which have different forms). Will the WA version be accepted by the other courts? A4 We referred this query to Damien Mealey, Registrar and Manager of the JP Branch, Department of Justice and Attorney-General, who, after consulting with the Family Court Registry, advised: 1. All forms contain options to choose different jurisdictions which deal with divorce and other applications in Australia. 2. The Family Court of Western Australia links should NOT be selected unless those making the enquiry are dealing with a matter in that jurisdiction. 3. Links to all current forms are available on the Family Court of Australia and Federal Circuit Court of Australia websites. In these circumstances, clients should be advised the WA Court forms may not be accepted by the other courts that consider Family Law matters. Q5 I understand that Centrelink concession cards are gradually being replaced by an electronic alternative. As these cards are often used by witnessing officers as evidence of identity, what will this development mean for JPs? A5 Each Centrelink customer is now able to acquire an electronic concession card to supplement their physical version. The electronic version (called the Digital Wallet) is not a replacement for the physical card but is intended for use by Centrelink customers as an alternative. On this matter, the Australian Government’s Digital Wallet webpage states: Digital Wallet information for business and organisations Digital wallet is a feature on Centrelink Express Plus mobile apps enabling customers to use their smart device as an alternative to physical concession cards. It allows customers to use a digital copy of their concession card on their smart device. This is an alternative to physical concession cards. The digital wallet can be used for: • Commonwealth Seniors Health Card • Pensioner Concession Card
VOLUME 13 • NUMBER 1 • AUTUMN 2016 • Low Income Health Care Card • Health Care Card Genuine digital concession cards To ensure a customer’s digital concession card is genuine and valid, security measures have been included in the Digital Wallet to protect you and the card holder. Customers need to log in to the app, to show the card within the app. Genuine cards will: • drop down from the top of the screen • swipe vertically to show the front and back of the card, and • shimmer slightly If the concession card is no longer active, EXPIRED will appear across the screen, The customer then can reapply for a concession card. A digital concession card does not replace the physical concession card. You should continue to accept physical concession cards from your customers when they are presented. If the customer can’t provide either the digital concession card or their physical version, you can advise them to go to their Centrelink Service Centre to receive a temporary card. For document witnessing purposes, the Digital Wallet should be treated as though it were the physical Centrelink concession card. Q6 What detail should I record in my logbook in respect of a Land Title document I have witnessed? A6 As well as the client’s name and the document type, it is a good practice to record the evidence you sighted to satisfy yourself (as per s162 of the Land Title Act 1994) that the person was entitled to sign – e.g. identity document/s type, lot and plan numbers and the document/s you used to verify these details were correct (e.g. Rates Notice / Contract etc.). Q7 Is the sighting of photographic identification obligatory for witnessing Land Title documents? A7 Whilst photographic identification is preferable, in practice, not all current (or prospective) property owners possess photographic identification and this is certainly not mandatory. Section 162 of the Land Title Act 1994 requires the witnessing officer to “take reasonable steps” to ensure the person signing the land title document is the person entitled to sign the instrument. In the absence of photo ID, the proof of identity obligation may be satisfied by the witnessing officer sighting a combination of other (non-photo) identification documents. It is poor practice for a witnessing officer to decline to witness a Land Title document solely because photo ID was not produced - if other available documents could have provided satisfactory evidence of identity. Quick Quizzes The content of the QJA Member Content & Professional Development website (http://www.training.qja.com.au/) includes a large number of quizzes on honorary justice technical topics. You will need to use your QJA member
number and password to assess this site. Once you have logged in, the navigation path is: QJA Member Content and Professional Development/ JP and C.Dec quizzes Here are a few Quiz questions from that site. Please answer True (T) or False (F) to each of the following: EPAs & AHDs Q1 It is strongly recommended that the principal regularly reviews all GPA, EPA and AHD documents, as wishes, and the state of a person’s health may change at any time. Q2 A short form EPA is completed when a person wishes to appoint a different attorney for personal and financial matters. Q3 An attorney is the name given to a person who signs a Power of Attorney document allowing others to make decisions on their behalf. Q4 A 19 year old JP(Qual)/C.Dec cannot witness an Advanced Health Directive. Q5 Prior to having an Advanced Health Directive witnessed, the principal must have recently visited a medical practitioner, whose role is to certify that in their opinion, the principal has the capacity to be able to sign the document. Q6 It is not the role of the JP(Qual)/C.Dec to determine if the principal has the capacity to sign a power of attorney document. Q7 For personal or health matters, an Enduring Power of Attorney becomes effective when the principal is incapable of understanding the nature of a decision, of foreseeing the effects of a decision and of communicating that decision. Q8 A power of attorney document can be voluntarily revoked by the principal at any time. Q9 Power of Attorney an Advanced Health Directive documents need to be completed on an approved form. Q10 Unless specified otherwise, a General Power of Attorney become effective immediately. Interstate, Commonwealth & International documents: Q1 A Queensland JP(Qual) or C.Dec living in Victoria can witness a Queensland document. Q2 A Notary Public only should witness an international document, unless the document specifically states that a Queensland JP or C.Dec can witness it. Q3 A Queensland JP(Qual) or C.Dec can witness an international document anywhere, anyplace, anytime. Q4 A Queensland JP(Qual) or C.Dec living in NSW is able to witness a Commonwealth document. Answers: Q5 A Queensland JP(Qual) or C.Dec can witness a Victorian document whilst stationed in Queensland.
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REGIONAL ROUNDUP Gold Coast
The Gold Coast Branch elected new committee members at the September 2015 AGM. After many years of dedicated service to the QJA in a variety of Executive positions, retiring Chair, Judie Novak, decided to pass on the baton to the new committee. Thanks to Judie and the other outgoing committee members for their commitment, dedication and tireless efforts. The new committee sees some new and old faces. The newly elected Chair is John Bell, and newly elected Secretary is Joan Kennedy. The Treasurer, Helen Morrow, will continue in this role, and will be there to show us the ropes. Carol Drovandi, a recently sworn in JP was also elected as a committee member. The Committee aims to build on the achievements of the outgoing committee and fly the flag for the Gold Coast Branch members. Congratulations to all Committee members. The new Committee kicked off with a short member survey to find out what key issues and challenges members wanted to address in 2016. Members were asked if they regularly attended the Branch meetings, to list three (3) things that would encourage them to attend, and to list three (3) professional development topics for the Committee to address. There was also an opportunity to provide any other relevant comments and feedback. Twenty-five (25) members participated in the survey and in response to the members’ views, an action plan for 2016 has been developed. The Committee will endeavour to take on board recommendations about the meeting format, membership issues, and address some the 21 professional development topics suggested. Gold Coast Branch is looking forward to hosting preappointment JP training in May/June. However, the trainers must be sourced from outside the Gold Coast Area. The Branch would be keen to engage with local members, who hold a Cert IV, and who are interested in becoming a QJA trainer. If this is you, please make contact, we need you! Joan Kennedy, Branch Secretary
around their recently acquired pop-up Branch banner.
QJA Director, John Carpendale also attended the meeting and congratulated the committee on their Community Engagement aspirations. During 2016, the Hornibrook Branch plans involvement in a substantial schedule of events with the intent of promoting the QJA brand and the Branch’s profile in the local community. In addition to regularly conducting a sausage-sizzle at the Rothwell Bunnings store (which they have been doing for some time), Branch Chairman, Andrew Smith has engaged with local Community Radio station FM 99.7 to advertise Branch activities and the group will have an involvement and presence (complete with a QJA branded marquee) at the Redcliffe Community Information Day (in August). As well, expenditure was approved to purchase Branch business cards – intended for distribution to members of the community with whom they engage at these various events. With regard to professional development, Branch members will attend Parliament House in April (as guests of the Attorney-General, Hon Yvette D’Ath MP) and will visit the QCAT courts in June. From a social perspective, Branch members will hold a morning-tea get-together at a local coffee shop and will attend a Friends & Neighbours gathering (with Caboolture Branch members) in early March. All in all, a very full 2016 is planned.
Maroochydore At the 4th February 2016 Branch meeting at the Lifepointe Baptist Church meeting room, the happenings of 2015 (including the December Christmas function) were reviewed and the plans for 2016 were discussed.
Hornibrook The first Branch meeting for 2016 was conducted at the Redcliffe RSL Club meeting room on Tuesday 2nd February. The following photo shows some of the attendees gathered 14
Serving Queensland’s Honorary Justices since 1918
Some of the attendees at the February meeting, including Chairman, Jim Pearce (front row, 2nd from R) and Treasurer, Jim Withford (front row far R). Secretary Angela James absent from photo.
VOLUME 13 • NUMBER 1 • AUTUMN 2016 One of the items discussed at the meeting was whether to submit a proposal for the Branch to host the 2017 QJA State Conference. It was agreed to seek the views of a larger cross-section of Branch members before making a determination on this matter. A Branch in-service training session was held at Nambour Court House on 9th February, Branch representatives will attend a Sunshine Coast Regional council Volunteers Forum in March and the Branch will host a pre-appointment Training Course in April. A midyear social event is planned for July.
Caloundra Staunch Branch supporter and Member for Caloundra, Mark McArdle MP was the special guest presenter at the Branch meeting held at the Queen Street Community Hall on 9th February, where he spoke about the history of the justice administration system (including the role of JPs) in Australia from the landing of the First Fleet till the present time.
Caboolture On Saturday 13 February, there was strong turn-out at the first Caboolture Branch meeting for 2016 (see photo below). Following the meeting, attendees participated in a 5-hour Refresher Training session (where several chapters of the JAG Handbook were reviewed). Committed to having branch members perform to the highest standards, the 2016 schedule of Branch events includes similar refresher training sessions each month. As well, there will be a Friends & Neighbours gathering (with Hornibrook Branch members) in March and a full-day Refresher Workshop on Saturday 20 August - where non-QJA members and honorary justices from neighbouring areas will be invited to attend.
Caboolture Branch members at the February meeting/refresher training Mr McArdle is pictured (back row 2nd from R) with meeting attendees.
Mr McArdle (centre) presenting service certificates to QJA members Ron Coffison (L 50 years) and Leonard Green (R 40 years) in 2015.
South Pine The 10th February meeting of the Branch, which was scheduled to be held at the Albany Creek Library, was reconvened at the adjacent Coffee Club when attendees were unable to access the Library rooms. The major item of discussion at the meeting was planning for the March 5th Refresher Workshop which has attracted strong registration numbers and looks like being a very successful event. The Branch was also successful with its Moreton Bay Regional Council Grants submission and will soon be acquiring new equipment (including pop-up banners, lap-top computer, projection screen and filing cabinets).
Branch members relaxing at the end of the meeting - after sharing some useful discussion and a cup of coffee.
STATE OFFICE NEWS (cont. from p10) Once the workshop or conference is over and attendance has been confirmed, we update a CPD (continuing professional development) record against the members. At present, this is kept as CPD hours – so for example, the conference we allocated 6.5 hours as CPD and once the attendance sign off was confirmed, updated this against all 200 or so members who attended. Many professional associations require their members to complete CPD each year and convert hours to points. In a lot of cases, 100 points per year is a required minimum, which equates to one full day workshop per year. It is anticipated that moving forward all QJA events will be recorded this way. In the long run, we would like to also record member attendance at branch meetings, particularly for those branches that have a professional development component within the branch meeting – be it in the form of a guest speaker, a Q& A session or quiz session. Attendance at such meetings would be confirmed by the minute record from the branch. We may also in the future include completion of online quizzes or course assessments as part of our recorded professional development hours. Although many of you attend the free JAG workshops, unfortunately, we are not privy to any attendance records for these so can’t record these against member records but this might be something to discuss with JAG in the future. At this stage, it is unclear where JAG are going with 5 year renewals and the requirement for ongoing professional development, we hope that in due course this will be needed. In the meantime, we can keep records of attendance easily within our database and recommend that our members make use of the professional development on offer via QJA. Wendy La Macchia, Office Manager & Registrar
Serving Queensland’s Honorary Justices since 1918
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REGIONAL CONTACT INFORMATION ROSEWOOD CONTACT GROUP Alan Broughton rosewood@qja.com.au Telephone: 0404 061 918
BEAUDESERT CONTACT GROUP Valmai Macaulay beaudesert@qja.com.au Telephone: 0418 741 556
FOREST LAKE CONTACT GROUP Reg Connelly forestlake@qja.com.au Telephone: 0403 167 121
LOGANHOLME CONTACT GROUP Pauline Harris loganholme@qja.com.au Telephone: (07) 3341 5555
BOWEN BRANCH Brian Byrne bowen@qja.com.au Telephone: 0409 445 056
GLADSTONE BRANCH Steve Felix gladstone@qja.com.au Telephone: 0413 900 613
MACKAY BRANCH Maria Valena mackay@qja.com.au Telephone: 0422 636 374
BRISBANE NORTH BRANCH John Carpendale brisbanenorth@qja.com.au Telephone: 0419 683 325
GOLD COAST BRANCH Joan Kennedy goldcoast@qja.com.au Telephone: 0477 510 517
MAREEBA BRANCH Ann Vains mareeba@qja.com.au Telephone: 0419 719 616
BRISBANE SOUTH BRANCH Samantha Rush brisbanesouth@qja.com.au Telephone: 0403 860 080
GYMPIE BRANCH Melodie Zylsdra gympie@qja.com.au Telephone: 0407 482 459
SOUTH BURNETT BRANCH Ruth Rimes southburnett@qja.com.au Telephone: 0457 681 159
MAROOCHYDORE BRANCH Angela-Marie James maroochydore@qja.com.au Telephone: 0409 471 008
BUNDABERG BRANCH Dave Read bundaberg@qja.com.au Telephone: 0405 252 135
HERVEY BAY BRANCH Jan Stafford herveybay@qja.com.au Telephone: 0412 782 743
TIN CAN BAY CONTACT GROUP Rod Ehrke tincanbay@qja.com.au Telephone: 0448 943 336
MARYBOROUGH BRANCH Larry O’Shea maryborough@qja.com.au Telephone: 0428 889 168
TOOWOOMBA BRANCH Gary Fagg toowoomba@qja.com.au Telephone: 0409 347 591
MT ISA CONTACT GROUP Duncan Cunningham mtisa@qja.com.au Telephone: 0439 746 096
TOWNSVILLE BRANCH Anne Barker townsville@qja.com.au Telephone: 0447 504 771
NOOSA BRANCH Margaret Lewins noosa@qja.com.au Telephone: (07) 5471 0617
WARWICK BRANCH Rhonda Eather warwick@qja.com.au Telephone: 0427 580 297
REDLAND CITY BRANCH Ray Burrows redlandcity@qja.com.au Telephone: 0409 499 016
WESTERN SUBURBS BRANCH Noelene Kidd westernsubs@qja.com.au Telephone: 0448 780 491
HORNIBROOK BRANCH Lisette Dillon hornibrook@qja.com.au Telephone: 0404 977 057
CABOOLTURE BRANCH John Geary caboolture@qja.com.au Telephone: 0407 579 139
HOWARD CONTACT GROUP Carrol Bond howard@qja.com.au Telephone: 0411 743 585
CAIRNS CENTRAL BRANCH Margaret Neville cairns@qja.com.au Telephone: 0419 123 090 CAIRNS SOUTH CONTACT GROUP Ralph Powell cairnssouth@qja.com.au Telephone: 0434 510 333
IPSWICH BRANCH Charmaine Dieckmann ipswich@qja.com.au Telephone: 0411 435 112
SOUTH PINE BRANCH Jeanette D’Arcy southpine@qja.com.au Telephone: 0418 183 008
CALOUNDRA BRANCH Helene Baker-Daines caloundra@qja.com.au Telephone: 0413 758 600
LOCKYER BRANCH Sharon Munro lockyer@qja.com.au Telephone: 0400 554 887
ROCKHAMPTON BRANCH Jane Comollatti rockhampton@qja.com.au Telephone: 0422 596 387
WOODGATE CONTACT GROUP Maxwell Emery woodgate@qja.com.au Telephone: 0408 728 867
CENTRAL HIGHLANDS BRANCH Karen Bray centralhighlands@qja.com.au Telephone: 0438 824 361
LOGAN BRANCH David James logan@qja.com.au Telephone: 0421 310 287
ROSEDALE CONTACT GROUP Jonathan Brown rosedale@qja.com.au Telephone: 0408 068 169
WYNNUM MANLY BRANCH Don Hann wynnummanly@qja.com.au Telephone:0427 021 795
Branches conduct regular meetings (at least five per year), conduct training, operate signing facilities, have defined revenue streams and a formalised structure. Contact groups meet on an “as required basis” and generally exist to operate signing facilities and to deal with other local issues. For details of what is happening in your local area, including professional development opportunities, please feel free to phone any of the numbers above and your local contact will be happy to assist.
INTERSTATE CONTACT INFORMATION NSW
Southern Riverina Elizabeth Adam south.riverina@qja.com.au 0427 617 589 Lismore Paul Beckey lismore@qja.com.au 0428 560 467
Sydney (Western Subs) Marie McCabe sydney.3@qja.com.au 0434 992 107
Adelaide Hills Fred Braun adelaide.hls@qja.com.au (08) 8389 9462
Hobart Barrie Bell hobart@qja.com.au 0419 395 796
Wollongong Peter Pioro wollongong@qja.com.au 0419 638 121
Victor Harbor Timothy Barclay victor.harbor@qja.com.au 0403 134 290
Launceston Vanda Stevenson launceston@qja.com.au 0417 707 330
TAS
VIC
Devonport Dennis Wheelton devonport@qja.com.au 0418 334 431
Melbourne (Langwarrin) Robert Bolch melbourne.1@qja.com.au 0412 155 634
NT
Jabiru Karen Beare nt@qja.com.au 0417 891 226
Sydney (Inner West) Jim Elmore sydney.1@qja.com.au 0408 870 721
SA
Sydney (North West) Sharon Atkins sydney.2@qja.com.au 0417 479 412
Adelaide Noel J. Lindsay adelaide@qja.com.au 0407 507 773
Deloraine Annette Powell deloraine@qja.com.au 0427 158 648
Melbourne (Glen Waverley) Simon Bullimore melbourne.2@qja.com.au 0419 756 780
Bendigo Richard Lancaster bendigo@qja.com.au 0407 345 472
INTERNATIONAL CONTACT INFORMATION Hong Kong Luca Ferrerio hong.kong@qja.com.au 16
Thailand (Bangkok) Heather Clarke thailand@qja.com.au
Serving Queensland’s Honorary Justices since 1918
UK (London) Angela Yin london@qja.com.au
UK (Norfolk) Derek Hill uk@qja.com.au
USA (Texas) Tanya Conole usa@qja.com.au