Vol 2 no 2 winter 05

The

VOLUME 2 • NUMBER 2 • winter 2005

Q.J.A. JOURNAL

What Q.J.A. Means QJA is established to:QJA — Established in 1918

• Encourage high ethical standards of conduct of Members in performing their Office.

Official Magazine of the Queensland Justices Association

• Promote and maintain the status of the Offices of JP and C.dec.

• Provide Members with advice on the duties, rights and obligations of the Office they hold.

• Represent the interests of Members specifically and the Office generally to the Government and to the general community.

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president’s letter

• Provide education and training to advance the interests of Members and potential members.

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from the board

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Latin for JPs & C.Decs

• Promote fellowship and goodwill between Members and Office holders who are not Members as well as Justices of the Peace from other jurisdictions.

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Roll of Honour

QJA exists to support members in carrying out their Office as Justices of the Peace and Commissioners for Declarations. As a member you have access to an organisation that promotes the ideals set out above. Membership costs less than a dollar a week for which you receive four journals a year that cover current, topical matters relevant to JPs and C.decs. Membership fees are our major source of income. QJA also provides at minimal cost members badges, car and letterbox stickers, ID cards, certification stamps and other materials to assist JPs and C.decs in carrying out their duties.

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NEW MEMBERS

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news in brief

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EDITorial

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ARTICLE

• Monitor relevant changes in legislation, assess the impact of these and advise Members accordingly.

• Provide Members with a forum for the exchange of views and ideas.

• Promote fellowship and goodwill between the Members.

We promote through our Branches discussion of topics relevant to members. Our organisation meets at least once annually as a whole body to further those discussions throughout the membership.

Our training courses provide primarily for persons wishing to become JPs. We support local refresher courses, professional development and training information to members through our Branches to keep members up to date.

Over the past year we have opened 14 new Branches and over the next 2 years we aim to open more. Please let us know if you want to participate in this exercise. If you live in an area that has an existing Branch you should consider using the facilities that the Branch offers and extend your JP network.

It is vital that you continue to support us so we can support you. If you have any suggestions, please take the time to write to the Registrar so the QJA can be responsive to the wishes of members.

Elder Abuse

Letters

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q&A Your questions answered

of agm 10 Notice & egm

see you at the Saturday 24 September 2005 – 8:30am to 5:00pm Supreme Court & Bauhinia House For Registration contact the Registrar at State Office on 1800 061 423 or (07) 3392 2455

QJA News Briefs

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QJA 2005 STATE CONFERENCE ROCKHAMPTON

QJA Tutors at work preparing students for the JP (Qualified) exams (left) Max Emery (centre) Bob Pilkington (right) Richard Shaw with their respective classes

ARTICLE What’s Happening in Rockhampton in September?

12 ARTICLE The Rules of Natural Justice 13 Merchandise 14 Branch contacts

The QJA Journal is compiled by an Editorial Board on behalf of the QJA. Editor Dr Anthony Watson-Brown

Sub-editor Mrs Bernice Lippiatt

Sub-editor Mr Garry Franke

The views expressed in Articles published in the QJA Journal are not necessarily the views of the Queensland Justices Association or the Board of Directors. © Queensland Justices Association claims copyright in all material published in this Journal. No material may be copied or reproduced without the written consent of the QJA. Printed by IPG Print, Telephone 07 3350 4262, 4 Millway Street Kedron Qld 4034.

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Serving JPs and C.decs Throughout Queensland

14 training 16

what qja means to members

QJA Promotes Training for Justices of the Peace One of the major functions QJA carries out is training. The most visible aspect of this training is teaching new JP(Qual)s. The Association has been working in this area for a number of years but recently it has taken a new turn. Students are now being encouraged even more to maintain a link to QJA through, initially, associate membership of the Association. This gives the students the ability to join Branches and participate as far as they can in Association activities.

To deliver this teaching service QJA has, over the past 18 months, run courses to train new Tutors of which there are now 16. The Tutors are available through Branches to teach new Justices of the Peace (Qualified) in southern and central Queensland. In September a Tutors course will be run in Brisbane. The Board of Directors is conscious of the need to have trained Tutors available throughout the State and is seeking Members with the appropriate background who wish to be involved to contact State Office for further details.

The basic qualification to become a Tutor is for a JP(Qual) Member to hold a Certificate IV in Workplace Assessment and Training or its equivalent. Members who have teaching qualifications equivalent to those recognised for teaching at schools, university or other tertiary education institutes are also more than welcome as Tutors.

The key element is experience in leading classes preferably of mature age students.

The Tutors also assist the Branches in professional development training. They arrange for the Branch suitable presentations by essential stakeholders such as the Courts including the Family Court and Magistrates Court, Queensland Police, Department of Natural Resources, Public Trustee and Legal Profession.

Branches are given the task of providing this professional development information at a district level for Members so QJA can ensure matters are discussed having regard to local needs.

Refresher courses for JPs and C.decs are also on the Branchs’ agendas. While appropriate professional development outlined above lessens the need for these more intensive courses, there is a time and place for refresher courses for members.

Serving JPs and C.decs Throughout Queensland

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The

Q.J.A. JOURNAL

Our Patron The Hon Paul de Jersey, AC, Chief Justice of Queensland

Board of Directors PRESIDENT & CHAIRMAN OF THE BOARD Mr Joseph Law JP (Qual) 31 Kroll Street, Kippa Ring Q 4021

Telephone: (07) 3283 6800 Facsimile: (07) 3283 6800 Mobile: 0411 707 597 e-mail: jlaw@ozzienet.net

VICE PRESIDENTS Mr Doug Hull JP (Qual) P.O. Box 5289, Torquay Q 4655

Telephone: (07) 4124 4214 Facsimile: (07) 4124 7939 e-mail: dougglen@bigpond.com.au

Mrs Bernice Lippiatt JP (Qual) 3987 Mt Lindesay Highway, Park Ridge Q 4125

Telephone: (07) 3802 2557 Facsimile: (07) 3802 2559 Mobile: 0411 663 757 e-mail: darkmoon121@ozemail.com.au

Mr Bob Pilkington JP (Qual) 32 Blackstone Road, Newtown Q 4305

Telephone: (07) 3812 1865 Mobile: 0438 121 865 e-mail: r.pilko@optusnet.com.au

DIRECTORS Mr Garry Franke JP (Qual) 8 Patrol Street, Jamboree Heights Q 4074 Telephone: (07) 3376 3375 Facsimile: (07) 3376 3375 Mobile: 0418 740 694 e-mail: garryfra@bigpond.net.au

Mrs Marian Vierveyzer JP (Qual) PO Box 62 Goodna Q 4300 Telephone: (07) 3288 1652 Facsimile: (07) 3288 1262 Mobile: 0415 418 320 e-mail: soloone@optusnet.com.au

Mr Roger Kelly JP (Qual) PO Box 4414 Forest Lake Q 4078 Telephone: (07) 3279 9710 Facsimile: (07) 3278 9899 Mobile: 0403 034 408 e-mail: mail@activeaudio.com.au

Dr Anthony Watson-Brown JP (Qual) PO Box 1766, Broadbeach Q 4218 Telephone: (07) 5538 5605 Facsimile: (07) 5538 5605 Mobile: 0424 778 543 e-mail: awbrown75@hotmail.com

Ms Jan Stafford JP (Qual) PO Box 1006, Hervey Bay Q 4655 Telephone: (07) 4124 2068 Facsimile: (07) 4124 5618 Mobile: 0412 782 743 e-mail: qjahb@hotmail.com

Mr. Raymond Young OAM, C.dec 102 Glenmore Road, Rockhampton Q 4701 Telephone: (07) 4927 4155 Mobile: 0405 624 648

STATE OFFICE

Registrar

HELPFUL NUMBERS FOR JPs

751 Stanley Street Woolloongabba Q Postal Address: PO Box 8419 Woolloongabba Q 4102

Mr Mark Davis MBA JP (Qual)

Adult Guardian Customs Watch Dept of Families 24 hour crisis line Dept Foreign Affairs & Trade Consular Assistance Dispute Resolution Centre Mental Health Orders (office hours) National Security Hotline Public Trustee

Telephone: Free call: Facsimile: E-mail: 2

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Office Hours: Mon-Fri 9.00am to 5.00pm

(07) 3392 2455 1800 061 423 (07) 3392 2955 Website: www.qja.com.au admin@qja.com.au

Serving JPs and C.decs Throughout Queensland

1300 653 187 1800 06 1800 (07) 3235 9999 (07) 3405 4799 1300 555 135 1800 017 288 (07) 3835 1444 1800 123 400 1300 360 044

ANNUAL SUBSCRIPTION REMINDER Your Annual Subscription is now due. Please complete the flyer that came with this Journal and return it to QJA as soon as possible with your subscription.

Serving JPs and C.decs Throughout Queensland

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VOLU M E 2 • NUMBER 2 • W I N TE R 2 0 0 5

A Letter from the President Dear Members, I have been quite busy opening three QJA Branches north of the Brisbane River since the last Journal.

The first was in the Tewantin-Noosa Area. In mid-May a general meeting of local Justices called by Mr. Aubrey Cannon formed the QJA Noosa Branch. It was held in the Tewantin-Noosa RSL Meeting Hall with 23 attendees – a really pleasant surprise to me. The meeting elected a Chairman, Secretary, Treasurer and publicity officer and confirmed the name of the Branch as the QJA Noosa Branch. 10 prospective candidates for the next JP (Qualified) course and exam signed up at the meeting. Overall, it was a very successful meeting.

In May, the second Branch opening was the QJA Caloundra Branch which took place at the Minyama Community Hall, also on the Sunshine Coast. I was pleased to note the Community Hall was provided free of charge by the Caloundra City Council for the occasion. 32 attendees put the meeting beyond my wildest dreams.

Mr. Bernard Kingsley convened the meeting and did an excellent job in getting such a large group together. The meeting confirmed the Branch name as the Caloundra Branch of the QJA and an executive was elected. A local City Councillor indicated full support for the new Branch in the Caloundra district.

The third Branch opening was on 9 June when Dr. Anna Shiraze co-ordinated a meeting at the Holy Cross Catholic Church Hall in Windsor. The QJA Inner Northside Brisbane Branch came into being and elected an executive. We all enjoyed a spread of cakes, biscuits and cheese at the conclusion of a successful meeting.

QJA now has 21 active Branches thanks to you the members. I ask you to give yourselves a good clap for a job well done over the past 18 months.

Joseph Law PRESIDENT

From the Board The Board has been kept busy with the opening of new Branches and a review of activities for the now 21 Branches. Much of this has taken place in the southern half of the State and we are now getting North and Far North Queensland into focus. Our eyes are also on the West of the State. We are looking for JPs in these areas who are interested in getting Community Groups together, to contact our Registrar for assistance in locating other QJA Members in your community. For those in the Toowoomba area we hope to see a reopening of activities under the QJA banner there in the immediate future.

Not all Branches are the same. Indeed the flexibility of different communities to serve the local members in the way best suited for the community is a hallmark of QJA and the independence we strive to uphold for our Members.

We have noted with interest the government’s activity in following our lead in the development of signing centres for JPs and C.decs.

QJA revitalised this activity in Queensland a little over 2 years ago and our last Journal featured the QJA signing centres. This is an important social commitment which requires a lot more than just setting up signing centres as our experiences have taught us.

Immediate access to the QJA Registrar, the backup of senior JPs through our 1800 telephone number and the support of local

Branches ensure the services we deliver in QJA signing centres is beyond reproach.

We wish the government centres the best and will continue to support them so far as we are able. We do have some concern as to the ability of an overstretched government Department providing the support necessary to these vital points of delivery of JP and C.dec services.

QJA continues to support the training of new JP (Qualified)s.

Through the professional development programmes supplied at the Branch level, the Association ensures our Members receive access to continuing JP and C.dec training. The Board notes with pleasure that the Ipswich Branch is holding a refresher seminar for JPs and C.decs in August. An advertisement for the seminar appears in this Journal.

With President Joseph Law taking over the reins as President of the Australian Council of Justices Associations in October, he will be standing down from the Board with effect from the Board meeting in Rockhampton immediately after the State Conference in September. This is to avoid any conflict of interest that might arise out of his holding the two positions. The Board has resolved that Mr. Bob Pilkington be appointed President, Dr. Anthony WatsonBrown appointed Vice-President and Ms Valmai Macaulay appointed Director to hold office until the next Annual General Meeting.

An ABC of Latin and Legal Words for JPs and C.decs Ab initio Bail

From the beginning; from inception.

Legislation Law passed by Parliament.

Security for the appearance at a trial, of a person Mens rea Criminal intent; a guilty mind. released from custody Non sequitur It does not follow.

Caveat Emptor Let the buyer beware.

Oath An appeal to God to witness the truth of a Deemed To be treated as. statement being made.

E. & O. E. Errors and omissions excepted. A declaration on Perjury The making of a false statement on oath or commercial documents intended to protect the affirmation in judicial proceedings. maker from liability for mistakes.

Quash To set aside a wrongful decision or conviction.

Fee simple An estate in freehold which is the most extensive Respondent The person against whom an action is brought, interest in land a person can hold under the Crown. or an appeal is brought.

Guarantor A person who undertakes to carry out another’s Sine die Without naming a day. A court action is adjourned obligation, if that person fails to do so. sine die when no date for hearing has been set.

Sometimes called a ‘surety’.

Tort A civil wrong or injury, giving a right to claim Hearsay Spoken or written evidence which is not damages. admissible.

Uncorroborated Evidence which is not supported.

In camera The hearing of a court case from which the Vendor A seller, such as under a sale of land contract. public are excluded.

Warrant A directive authority most usually to police, to Judges Rules A set of rules for appropriate conduct towards carry out some action. offenders.

We will publish more of these terms in the next Journal. If any expression is causing you problems, please let us know and we will try to find the answer for you.

Serving JPs and C.decs Throughout Queensland • 3

THE

Q.J.A. JOURNAL

Roll of Honour The Association wishes to note the long service given by the following Members under their commission.

SILVER - 25+ YEARS OF SERVICE Hugh Platz Raymond Steele Hoy Moo Colin Harding Alan St John

Phillip Klein Charles Innes Owen Cusack James Short Gilbert Porter

William Brittain Maureen Rosso Janelle Hislop Ronald Bradford Ronald Henzell

Owen Sturgess Susan Holt Grahame Tainton Moya Cahill Ronald Coffison

Carol Porter Molly Murphy Mary Brown Edward Grundy Vivian Kitt

S B Walker R B Dines S M Crickitt M A Macaulay R J Lane C A Annette M R Edser D L Campbell C A Robinson A M Daniel G M Thiel S M Abeya G W Tainton S E Villain W L Partridge K S Chan C Reibelt A Pattanaski B D Michell K M Sipos D A Krebs T W Garrett R A Robertson I B Unicomb A G Stewart T R Sahama M P Bowman C Parker A F Gates

L K Countryman F A Baks M M Tansky W J Brown L A Johnson M C Mant V J Jackson D Reilly C M Wilson W H Toms R Rose J M Gordon B E Webb K A Lloyd J Ramirez M Legge P A Hill C Major M D Seaman G Grillenberger P A Blume A W Husband R V Strong G K Watson E R Meyers R L W Coffison R F Carter R Mc Sharry-Dickens

Welcome to New Members The following have joined the Association since the Autumn Journal 2005: J K McMillan D J Oliver S B Khan J K Thomson D A Read J R Mc Leod M J Plasto D M Woolbank I M Casey B T W Storey C T Abram I J Harvey R A Beaven S Warren S Dickens K J Behets J M Pikos P R Perkins C Stevenson M Y Turner D L Reid C S Porter A P Miller S A Riley D Clarke C M Ratcliffe L Elliott G J Griglon J F King P S Foster J E Stonham M Jones L M Lane K T Tran W A Barredo C A Evans B Stevenson D J F McLeary A C Hughes M T Rosseeuw K M Smith C J Campbell L J Nowlan D J Morton W L Huang T M Murphy F E Erbacher L C Higgins A Wilmot M G Shaw R F Cantlay P M McCullagh D L Sharma M P Lee R L McCullagh S V Coates J A Edmonds G R Bagnell S L Humberdross D M Johnstone B Grieve D M Jewlachow I F De Fina P Clarke P E Monaghen D R Turnbull J R Maume A Maugauran A J Kowaltzke T H Craig J Wallace G Hendry J M Hamilton D B Mersnich K R Hine H M Bliss E Singh C F Whitby B M Wilson D Webster B T Taylor R Crook R A Jean M C A Moore D L Adamson T J Hill K McCaw

Vale We have received with sadness notice of the passing of the following Members: Shirley Maisey

Laurence Elliott

4 • Serving JPs and C.decs Throughout Queensland

G.S. L’Estrange

Beryl Adsett

VOLU M E 2 • NUMBER 2 • W I N TE R 2 0 0 5

News In Brief New Warrants New legislation has been introduced to provide for surveillance device warrants and retrieval warrants in a uniform manner to help cross-border law enforcement around Australia.

Prior in the Court Registry by telephone on 3246 2372. For anyone who has enquired in the past and is waiting to hear, you can now contact Kelly for follow-up.

State Law Building & Court houses – JP services

Like a large number of documents relating to law enforcement that sound familiar to JPs, these warrants will not be issued by Justices of the Peace. The power to issue these documents is restricted to Supreme Court Judges and Magistrates under the legislation. Some of the warrants will be restricted to issue only by Supreme Court Judges. Indeed Magistrates are only authorised to issue warrants relating to tracking devices that do not require covert entry into a building to set the device.

The State Government has approved volunteer JPs to be available at the desk in the foyer of the State Law Building, 50 Ann Street, Brisbane. The Registrar of JPs, Mr. Damian Mealey has asked QJA if it can assist and make the service a combined initiative. The volunteers would be supported by an internal roster system of JPs who are Justice Department employees.

The issue of the warrants will be only after the Judge or Magistrate hears sworn evidence. A senior officer in the law enforcement agency must make the application. In emergency situations, a senior officer may authorise the use of electronic surveillance devices but must advise a Judge immediately after the authorisation is given.

The legislation will give reciprocal recognition to warrants and authorisations made in other Australian States.

The Government is also looking to find volunteers to operate from the Cairns, Rockhampton and Mackay Magistrates Courts Registries and again Damian Mealey is the person to contact initially.

The explanatory note to the Cross-Border Law Enforcement Legislation Bill 2005 currently before Parliament in Queensland notes that electronic surveillance is a crucial tool for effective and efficient law enforcement. Safeguards for privacy and accountability matters are built into the legislation to ensure the information is kept secure and records are destroyed in a timely manner when no longer of proper use to authorities.

The legislation does not affect the ability of Justices of the Peace (Qualified) to continue to issue arrest warrants for criminal offences, search warrants and warrants under the Peace and Good Behaviour Act.

Family Court, Brisbane seeking volunteers for its JP service The Family Court Senior Deputy Registrar has asked if any JPs who have time available between 9 am and 2 pm daily to contact Kelly

Mr Mealey is the contact person on 1300 301 147.

The Luck of Some People A JP was signing at a signing centre and a lady arrived to have a land transfer witnessed. Passing the time of day, the JP asked if it was a matter of buying or selling.

The lady replied “Neither. We won the house in a lottery.”

While this seemed exceptionally good luck the lady went on to explain. On the day she bought the lottery ticket for the house she was feeling lucky. She and her husband had just come from the management office of the shopping centre having picked up air tickets to Scandinavia – the prize in another competition she had entered!

Name and Address requested Recently there has been an increased number of documents calling for JPs and C.decs to give an address in addition to their full name.

This has caused concern as many of us seek to keep our lives private and separate from our duties.

If asked for your address the Board has authorised members to give it as care of QJA, PO Box 8419 Woolloongabba Q 4102

Editorial If we read the back page of our Journal we will see a slightly different layout this quarter. While some of the text has changed, the major principles on which QJA stands to serve JPs and C.decs remain unaltered.

resource of QJA to back their training and practical skills. However we believe that the best way to start as a JP(Qualified) or as a Commissioner for Declarations is after completing a mandatory course.

How can QJA best ensure that JPs and C.decs practise high ethical standards of conduct, and maintain the status of the Offices of JP and C.dec., while it fulfils another major function other than by training, particularly new JPs. The appropriate time to have a JP understand the ethics of JPs and the relevance of the high standing we have and expect to have in the community is at the very outset of their careers.

On the Branch front, we encourage the Branches to use their available trainers to set up a suitable course of professional development for members based on lectures given by major stakeholders. With this back up, Members can go about their work with greater confidence.

It is for this vital reason we have striven to produce now 16 tutors to take the word to trainees who wish to be JPs. These tutors have also been given the task of assisting Branches with suitable professional development programmes in the form of arranging lectures for the Branches by major stakeholders who rely heavily on JPs and C.decs to allow their businesses, enterprises and public service functions to operate.

Our role in leading ourselves as conscientious followers of our commissions also leads us to ask when the Government will recognise the need for JPs and C.dec to belong to a membership organisation. More particularly, when will the Government recognise that your Association is the peak body representing JPs and C.decs in Queensland? This last question is one which has been simmering for some time but has been raised recently with the Government by one Branch. We wait in anticipation of the Government’s response.

Keep watching this space.

We do this work in a way complimentary to the TAFE Colleges.

We believe our course has an advantage in that the tutors have the

Serving JPs and C.decs Throughout Queensland • 5

THE

Q.J.A. JOURNAL

BE ALERT FOR ELDER ABUSE

by Tim Martin, Seniors Task Force, Queensland Police Service; Maya Zetlin and Les Jackson, Elder Abuse Prevention Unit; Mark Phillips, Office of the Adult Guardian

Introduction Older people are as susceptible to abuse as anyone else in the community, and may be more so depending on their circumstances.

Elder abuse is any behaviour within a relationship of trust that harms an older person.

intimidating, humiliating or threatening the person. Some forms include threats of institutionalisation (“I’m going to put you in a nursing home”) or emotional blackmail (“I won’t bring your grandchildren to visit you again unless…”).

Sexual Abuse

It is estimated about 25,000 older people are abused each year in Queensland by someone they trust, so it is imperative that Justices of the Peace look for signs of elder abuse when performing their duties.

Sexual abuse may take the form of sexually harassing a person, assaulting them or even embarrassing them through sexual or inappropriate comments. This can include activities like viewing pornographic or sexually explicit movies in front of an older person to embarrass them, or similarly by playing music with offensive lyrics.

Recognition

Social Abuse

Elder abuse has only recently been recognised as a community issue, and for a number of reasons is not often heard about or kept behind closed doors.

Senior members of the community may also be subjected to social mistreatment by preventing them having social contact with family members or friends. Isolating an older person is often employed as a tactic to financially exploit them.

Those who are suffering mistreatment may be isolated and therefore don’t have contact with people who they could talk to about the mistreatment. Or the victim’s contact may be limited to people who aren’t in a position to recognise that abuse is occurring or aren’t aware of the services that can assist.

Abuse can also include neglect where family members or carers may intentionally or unintentionally fail to provide an older person with the necessities of life or appropriate care.

It can happen to anyone, regardless of their financial, social, educational or ethnic background.

The victim may be ashamed to admit that someone close to them is abusing them and might blame themselves for what is happening.

The fear that they will get their son or daughter in trouble with the law is also an inhibiting factor, while pressure from other family members to not report abuse has also been noted.

The victim might think that abuse doesn’t happen to others and, again may be embarrassed to talk to another person.

And there is always the possibility that the victim might be afraid of what will happen if they tell others of their situation – the abuse may become worse because the abuser has been exposed.

Types of abuse Generally, people consider abuse or mistreatment to be physical, however many types of abuse exist that can be inflicted upon a person, particularly if the person lacks confidence or is frail.

Physical Abuse In addition to physical abuse (such as hitting, slapping, or restraining, and may include over-medicating), there are a number of other ways in which older people can be mistreated.

Financial Abuse Financial mistreatment, for example, is the illegal or improper use of a person’s money or possessions. It also includes activities such as the misuse of enduring powers of attorney, forced or coerced changes to wills or the gifting of assets. Reneging on informal family agreements is also becoming more common.

Recent studies show that around half of all elder abuse involves some form of financial exploitation, in which substantial amounts of money or the family home are often involved.

Psychological Abuse Psychological mistreatment is another form of abuse and can be inflicted by causing the person to feel fear or shame, or by 6 • Serving JPs and C.decs Throughout Queensland

Contributors As mentioned earlier, abuse is prevalent in today’s communities and a number of factors can contribute to it developing or occurring.

The people an elderly person has contact with may be restricted by language and cultural barriers, which limits who they can get information from and, therefore, their knowledge and access to support services, networks or organisations.

Attitudes towards older people within the community can also play a part in the treatment of seniors by their family and other members of the community. An increasingly common attitude is that the adult children are entitled to an ‘early inheritance’ and will put pressure on their parents to do this.

There is also family commitment where a relative or relatives feel a duty to provide for their ageing parents and underestimate the disruption to their lives that this will create. Setting up a ‘grannyflat’ for the parent/s may have been for the best of motives but can go terribly wrong if relationships break down. Both parties are locked into living and fighting together as the parent’s money is usually tied up in the flat which will be difficult to sell separately.

Also, a carer may refuse to accept outside help, which is often seen in situations of older men caring for their wives. They may see accepting help as an admission of their failure to provide for her or as accepting charity. While this approach may be admirable, it could be preventing the older person from receiving specialist care or the attention they need. It is also likely to place additional stress on the carer trying to provide proper care, as well as the older person.

Other social factors that contribute to elder abuse are the widening cultural gap between the generations in the family, creating a lack of understanding and communication issues between grandparents and younger relatives.

Personal factors can also result in older people being mistreated.

Should an older person’s carer or adult child who is living with them have a drug or alcohol dependency, for example, there is the

VOLU M E 2 • NUMBER 2 • W I N TE R 2 0 0 5

BE ALERT FOR ELDER ABUSE potential for physical, psychological and financial abuse to occur, and it is unlikely that the victim would receive proper care.

Mental health issues, broken marriages, business failures and other life events may see an adult returning home to their parents who end up having to provide for a dependant 40+ year old child again.

These situations can easily end up in abusive situations, with the child exploiting the parent’s role to help a family member in trouble.

The health of the older person can be another contributor to abuse. Carers can experience significant stress if the older person has mobility difficulties or is suffering from dementia.

Should a family member or carer be financially dependent on an older person, there is the potential for conflict to occur, which may manifest itself in abuse.

What to do Everyone has the right to the use of services and community resources. While some people may see these government and nongovernment organisations as charities, they are not. Many of these services exist to assist older people to remain living at home and to retain a quality lifestyle.

And it is not just the older people to which these services are available, as many organisations exist to support carers as well.

There are a number of ways older people and their carers can guard against or overcome abusive circumstances.

Participation of older people in social and educational activities can benefit themselves, as well as their family and carers. Providing the opportunity for social interaction can reduce stress, anger and conflict.

If an older person is experiencing some form of abuse, they can talk it over with someone they trust, such as their doctor. Also, developing a network of people to trust and talk to about anything can help a person identify abuse and abuse and provide support should it occur.

While some older people may believe the best way to provide for their future is to live with their family, this is not always the best option, and may place additional stresses on the relationship. If that occurs, a separation might be the best way to improve family relationships.

Legal advice can be important if older people are signing documents that transfer possessions, financial control or decisionmaking to another person. At the very least, decisions should not be made until the older person has received and understands a proper explanation of what is occurring and its ramifications.

If the abuse is physical and the person is in immediate danger, the best advice is to call police, and like anyone else, victims of elder abuse can, in many situations, apply for a protection order at no cost from the Magistrates Court under the Domestic and Family Violence Protection Act 1989 to protect them against future violence or abuse.

Key areas for JPs to watch Elder abuse is commonly recognised as physical harm to an older person, but it is more than that and comes in various forms. Abuse can be inflicted financially, psychologically, socially, sexually and through intentional or unintentional neglect.

Two key areas that Justices need to be aware of are ‘undue influence’ and ‘enduring documents’.

Undue Influence A significant concern in the area of elder abuse is the issue of an adult being subjected to coercive undue influence to make decisions that would favour a family member or other party.

Examples of undue influence being exerted can be subtle or extreme depending upon the circumstances. Extreme examples include the demanding of a parent to sign a transfer of the parent’s property to a son or daughter under the threat of either not visiting the parent or placing them in a nursing home.

When witnessing enduring powers of attorney and advanced health directives, Justices are to be mindful that “the ability to make decisions freely and voluntarily” is part of the criteria defining decision making capacity to complete these documents.

The witness to these documents is not just witnessing the signature of the adult but certifies that at the time of the document being signed, the person appeared to have decision making capacity.

When pressure or coercion is applied to a person whose state of mind deprives them of the ability to resist, then the decision ceases to be theirs, and is really the decision of the person applying that power or exercising control.

If Justices are confronted with a situation where they are not satisfied that the person has capacity, they should decline to witness the document and suggest to the parties involved that professional advice be obtained as to the person’s capacity.

Justices with concerns about a circumstance can contact the listed agencies to discuss their particular concerns.

Some potential indicators of undue influence for Justices may include but are not limited to: • The adult totally relying on another party at the discussion to provide information or the reasons for a course of action; • The adult relying on written material in another’s handwriting to give details of the matter to the witness; • The adult not displaying a sufficient level of understanding of the written statement they are relying upon to advise of the matter; • Inadvertent disclosures by the adult during the course of conversation with the witness; • The person stating they want to transfer their only significant asset that they rely upon for income to a family member or other party; and • The adult being isolated from previous social contacts and displaying total reliance on one party.

Enduring documents Each Enduring Power of Attorney must be witnessed by a Justice of the Peace, a commissioner for declarations, a lawyer or a notary public.

One of the most important tasks a witness has in this area is assessing the principal’s capacity to undertake this legal procedure.

Capacity is such a ‘grey’ area that the Office of the Adult Guardian provides guidelines for witnesses of these documents to determining capacity.

Misuse of attorney documents is reasonably common in financial abuse situations.

Serving JPs and C.decs Throughout Queensland • 7

THE

Q.J.A. JOURNAL BE ALERT FOR ELDER ABUSE

Letters

Also, recent Queensland research identifies that attorney’s often engage in ‘risky’ behaviour with the principal’s money and assets, either inadvertently because they are not aware of their responsibilities or they are treating the person’s finances as if it were their own.

The following e-mails have been received by the QJA State Office.

If Justices suspect a person is abusing or exploiting someone who is about to become the principal, or is currently the principal, to an Enduring Power of Attorney, advice is available from the Office of the Adult Guardian.

Your email yesterday regarding the courthouses is interesting and definitely worth discussing. As you would appreciate not every Courthouse will require or can support volunteer JPs. It's basically assessed on the amount of signing duties undertaken by staff or upon request from the Clerk of the Court. I seek final approval from the Attorney-General's office. The priority still remains the shopping centres however, over the past two weeks as you are aware the Rockhampton Courthouse, Mackay Courthouse have asked to place voluntary JPs at both centres to assist the public and reduce the workload. I've also just received a request from the Cairns Courthouse to establish the same.

Help and information Several organisations assist older people suffering any form of abuse: • Office of the Adult Guardian 1300 653 187 Helps people with impaired decision-making capacity by acting as their decision-maker in certain circumstances, being an advocate, and giving advice about decision-making on behalf of adults with impaired capacity.

The Office also investigates allegations of physical and financial neglect or abuse.

• Elder Abuse Prevention Unit 1300 651 192 (9am-5pm, Monday-Friday for cost of a local call) Provides a statewide confidential telephone information, support and referral service for anyone experiencing abuse or witnessing the abuse of an older person.

•

•

I don't believe that every Courthouse will be allowed to place volunteer JPs and I'm not certain about the new Caloundra Courthouse, although we could look into that centre in the near future. If you think the QJA can assist with placing volunteer JPs at the above locations please give me a call.

Regards Damian Mealey Registrar of Justices of the Peace Department of Justice and Attorney General ◆ ◆ ◆ The next e-mail is from a member and relates to

A 24-hour domestic violence contact for men and women.

Dear Mark

Victims Counselling and Support Service 1300 139 703 (24 hour)

On 23 June I emailed you to ask the following.

Seniors Enquiry Line 1300 135 500 Provides information and referrals for seniors on a range of issues.

•

Dear Mark

DV Connect Women’s Line: 1800 811 811 Men’s Line: 1800 600 636

Provides a range of free support services to victims of crime and their families.

•

The first is a reply to an e-mail sent by the QJA Registrar to the Justice Department regarding JPs in Courthouses

Crime Stoppers 1800 333 000 (24 hour) Provides a hotline for members of the public to provide anonymous information about criminal activity.

The Human Mind The following passage is the result of research at Cambridge University. Does it strike you the same way as it did the researchers. Forget the spelling and dive in! P.S. Good spellers might shudder.

I cdnuolt blveiee taht I cluod aulaclty uesdnatnrd waht I was rdanieg. The phaonmneal pweor of the hmuan mnid. Aaoccdrinig to a rscheearch at Cmabrigde Uinervtisy, it deson’t mttaer in waht oredr the ltteers in a wrod are, the olny iprmoatnt thing is taht the frist and lsat ltteer be in the rghit pclae. The rset can be a taotl mses and you can sitll raed it wouthit a porbelm. This is bcuseae the huamn mnid deos not raed ervey lteteer by istlef, but the wrod as a wlohe. Amzanig huh?

8 • Serving JPs and C.decs Throughout Queensland

Marriage Celebrants Witnessing Documents

I am currently studying to be a Marriage Celebrant. Some times it will be necessary for me to get Stat. Dec’s from my Marriage Clients. Will it be legal for me as a JP(Qual) to witness the Stat Dec’s and accept them as evidence for the Department of Births Deaths and Marriages or is this a conflict.

You advised me to contact Births Deaths and Marriages to get an answer from them.

I did this and today I received a reply, I thought I would share the info with you.

The reply is from:Fay Rea, Administration Officer, Registry of Births, Deaths and Marriages Tel: 07 3224 7414 Fax: 07 3247 9029 Fay_Rea@justice.qld.gov.au In answer to your question regarding witnessing all documents connected with a marriage that you are presiding over.

It is perfectly o.k. for you to witness all documents.

Maybe this information can be of help to other JP’s.

Kathy Baird JP(Qual) Letters to the Editor and other material for publication can be forwarded to The Editor, QJA Journal, PO Box 1766, Broadbeach, Qld 4218.

We welcome letters, news items and short articles.

VOLU M E 2 • NUMBER 2 • W I N TE R 2 0 0 5

Members Questions & Answers

?

??

Each Journal we answer questions raised by Members. You can raise a point or ask a question by writing to the State Office giving the details relating to the question you need answered. If the matter is urgent, you can telephone State Office on (07) 3392 2455 or 1800 061 423 if you live outside the Brisbane metropolitan area.

Q. A police officer recently asked me when did a search warrant end.

Could you please let me know. I have read the Manual but I am not sure whether the Court counts the day of issue in all cases.

A. Section 72(1) of the Police Powers and Responsibilities Act 2000 provides that a search warrant issued because there are reasonable grounds to suspect there is evidence of the commission of an offence or confiscation related evidence at a place ends 7 days after it is issued.

Section 38(1) of the Acts Interpretation Act 1954 deals with the reckoning of time under legislation. The period is calculated for a period beginning of a given act is calculated by excluding the day of the act and by including the day on which the purpose is to be fulfilled. For a search warrant under section 72(1) the 7 day period is calculated by excluding the day on which the warrant is issued and counting the next 7 days. From the definition of “day”, the period runs up to midnight on the seventh day.

Section 72(2) of the Police Powers and Responsibilities Act 2000 provides that a search warrant issued because there are reasonable grounds to suspect there is evidence of the commission of an offence or confiscation related evidence is likely to be taken to a place within the next 72 hours ends 72 hours after it is issued.

The Acts Interpretation Act 1954 does not interpret the calculation of “hours”, so the warrant expires exactly 72 hours after it is issued.

Q. I was appointed a JP in 1985. I did not do the exam as, like many others, I did not agree with the changes to the law. I understand I am still a JP but what do I call myself when signing documents and have my powers altered?

A. You are now what is known as a ‘JP (C.dec)’ and should witness documents with that title after your signature. You are no longer entitled to issue court and police documents such as summonses, arrest warrants and search warrants. Your duties are the same as a C.dec and you should get a copy of the C.dec Manual and have a look to see the full extent of your powers.

You do not use a seal or registration number as the newly appointed JP(Qual)s and C.decs do.

Q. A client approached me and asked me to witness his signature in red ink as that gave (to his way of thinking) more importance to the document. Is this correct and what does it mean?

A. We should all use either black or dark blue ink to witness signatures unless there is a legal basis shown to a JP or C.dec that indicates the colour of the ink to be used. Black is preferred and for documents in some jurisdictions black is required by law in those States.

So if you are signing an interstate document, check to see if there is a requirement to use black ink. The requirement to use red ink in the matter that raised the question appears to be an eccentricity on the part of the person signing the document.

By way of an historical sideline, only the Governor in certain British Colonies was allowed to use red ink to sign legal documents during the last and previous centuries. Red is also the colour normally used by Chinese when they use their signature seal to sign documents.

Normally the colour of the ink adds nothing to the legal importance or validity of the document, subject to the comments about black ink above.

Q. I have just returned to Queensland after some time away and am being asked by many people to certify copies of documents for them. Can you take me through the basics I need to be aware of when carrying out this duty?

A. This is the most common duty that is currently occurring for JPs and C.decs at present. Certifying a copy is signing a certificate that a particular document is an identical copy of the original which you have sighted.

You must first make sure you have the original document from which the copy is made. Without the original document, you cannot certify a copy.

Secondly you must check the document is a true copy and that no alterations have been made to the copy. This can be time consuming particularly if the document is in a foreign language or is technical in its nature.

The third step is to endorse the copy: This is to certify that this is a true copy of the original, which I have sighted.

Date: Signed: Title: For multi page document you must certify each page. When the number is extremely large you can sign or initial each page and certify on the last page: This is to certify that this [number of pages] page document (each page of which I have numbered and signed) is a true copy of the original [number of pages] page document which I have sighted.

Date: Signed: Title: Special rules apply to Enduring Power of Attorney Certified Copies. Each page (other than the last) must be certified as a true copy of the relevant corresponding page of the original with the last page being endorsed to certify the document is a true and complete copy of the original.

Lastly, you cannot certify copies of documents for yourself.

Serving JPs and C.decs Throughout Queensland • 9

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Q.J.A. JOURNAL

NOTICE OF THE ANNUAL GENERAL MEETING The AGM of the Queensland Justices Association will be held at 10:00 am on Saturday 5 November 2005 at QJA House, 751 Stanley Street, Woolloongabba. The business of the meeting is to:

6. Resolve any motion which has been properly notified in writing to the Secretary not less than 14 days prior to 5 November 2005.

3. Declare the election of Directors to the Board.

The Annual Report and Statement of Accounts for the year ended 31 August 2005 will be published in the Spring 2005 Journal of the Association. The Association calls for nominations to the Board of Directors, including the President and Vice Presidents, for 2005-07.

Nominations close at 4 pm on 30 September 2005.

4. Appoint an auditor

By Order of the Board.

1. Confirm the minutes of the last Annual General Meeting.

2. Receive the Annual Report and audited Statement of Accounts for the year ended 31 August 2005.

5. Appoint an appeals committee independent of the Board and its advisers.

NOTICE OF EXTRAORDINARY GENERAL MEETING

NOTICE OF ANNUAL SUBSCRIPTION

An Extraordinary General Meeting of the Queensland Justices Association will be held immediately after the AGM called for 10:00 am on Saturday 5 November 2005 at QJA House, 751 Stanley Street, Woolloongabba.

The Board gives notice that the annual subscription for the year from 1 September 2005 to 30 June 2006 (including GST in each case) is Ordinary Membership and Associate Membership

$49.20

The business of the meeting is to consider and approve the following amendments to the Constitution of the Association. The purpose of amendment 1 is to allow for non-voting associate members of the Association. This class of membership is to allow persons who have completed the JP (Qualified) Examination to join QJA pending their appointment as a JP (Qualified). Proposed amendment 2 alters the financial year for the Association to rationalise it with the generally accepted financial year for accounting and tax purposes. The proposed amendments are:

Concessionary Membership

$37.20

Joint Membership (each spouse)

$30.00

1. The Constitution is amended by adding after clause 6.1 the following: 6.2Associate membership is open to any person who has sat for the examination for a Justice of the Peace (Qualified) for the State of Queensland who has paid the membership fee and has signed the membership application form signifying agreement to be bound by this Constitution. An associate member has all of the rights and privileges of an ordinary member other than the right to vote or stand for election.

2. The clauses in clause 6 are re-numbered to take account of the inclusion of the amendment.

3. The Constitution be amended to change end of the Financial Year for the Association from 31st August to 30th June with all appropriate adjustments to matters dependent on the financial year of the Association.

By Order of the Board.

10 • Serving JPs and C.decs Throughout Queensland

PLEASE READ THIS AS IT AFFECTS YOU

The rates are almost the same as for the past 2 years, except a minor adjustment has been made to make pro rata payments easier to calculate and the financial year is slightly shorter having been switched from 31 August to 30 June end of year.

To compensate for the shortening of the year, Members will be issued free of charge with a Membership Card that will assist in identifying the Member as a Justice of the Peace or Commissioner for Declarations. The Membership Cards will be in either a photographic and non-photo format as the Member elects. Please use the separate Membership Subscription payment flyer that came with this Journal to correct any errors in details QJA has on its records about you and to apply for your new Membership Card.

Subscriptions are due to be paid prior to 1 September and early payment is always appreciated. We have refrained from offering a “discounted” fee for early payers as we would hope Members recognise our need for early payment and respond accordingly.

The separate Membership Subscription payment flyer and detail update accompanies this Journal and we ask you pay early. No further “invoice” will be issued. Please treat the enclosed payment flyer as your tax invoice on payment. Not having to prepare and post separate tax invoices is a significant cost saving to Members.

By Order of the Board.

VOLU M E 2 • NUMBER 2 • W I N TE R 2 0 0 5

What’s Happening in Rockhampton in September at the 2005 QJA State Conference?

QJA decided to hold the Annual State Conference in a more central location this year. It is some time since we ventured out of Brisbane for this annual festival for JPs and C.decs to conjecture, consider and speak about matters of relevance to their work.

representative of the Public Trustee talking on the role of JPs in enduring powers of attorney including advance health directives. These documents are extremely important and we need as much help and direction to ensure they are executed properly.

Some members in the past have thought this “annual conference” was only for those who were part of the management of QJA. Actually nothing could be further from the truth. It is a day when Justices and Commissioners can get together, hear from an array of speakers and discuss problems they have encountered over the past year or so – going back too far sometimes strains the memory.

A solicitor with over 40 years experience will speak on the future of the JP and the Legal System as a look not just at the present view of JPs but where we are going in the future.

JP Services – What the Stakeholders Expect is the theme for this year’s conference. We all know what we can do from a JP or C.dec perspective but sometimes the people who rely heavily on the work we do see life through different eyes. While it might be nice to be able to reverse the roles and tell stakeholders what they should expect, the Board heartily endorsed the organising Committee’s recommendation for the theme.

The Committee has done a marvellous job in putting together a strong line-up of speakers. We will be getting very interesting feedback as to what is happening relevant to our services under our commissions from some of the more important people we deal with on a day to day basis.

The day starts with a ‘cuppa on arrival’ while registrations are finalised. While we want as many people to register as soon as possible there is still the picking up of the bags with handouts and final registration of attendees to cater for. The Mayor and local Members of Parliament and our President will welcome delegates followed by an Official Opening by The Hon Justice Peter Dutney, the Resident Supreme Court Judge in Rockhampton.

The Judge has been kind enough to open the Court Precinct for a tour. This is a brand new facility with state of the art capabilities for administering justice at the highest levels. With that in mind the organisers have arranged for a talk by the Court Registrar on Information Technology in the Court. This will be followed by two senior and respected police officers who will give the police view of what we do and what we should do.

After lunch in the beautiful Bauhinia House the Conference will be addressed by the Justice Department’s representative followed by a

His Honour Judge Hall, a retired District Court Judge (who has close links to Rockhampton) will wrap up the formal speeches by putting them into perspective of the theme for the day JP Services – What the Stakeholders Expect.

The QJA Registrar will deliver a short report on QJA since he moved into office in January which should be an interesting insight into QJA House and how we function as a membership body.

In keeping with tradition the post afternoon tea session will be an open forum chaired by Vice President Bob Pilkington. Members are asked to think of topics they may wish to raise and perhaps discuss them in advance with the likes of the QJA Registrar Mark Davis, particularly if you have a concern that you may not think others are interested in – prepare to be surprised as to what fellow JPs and C.decs are confronted by in daily life carrying out their duties.

One of the features of this year’s Annual Conference is that QJA has decided to launch a new polo type collared tee-shirt. It will be dark blue with gold striped bands around the sleeves and collar. The QJA Logo will be embroidered on the left breast of the shirt. These will be available by order in advance with delivery by post preferably prior to the Conference. The cost of the shirts is $30:00 plus postage. Branches or other groups may like to contact Mark Davies at QJA office for bulk supply arrangements.

As for the Conference itself we have again kept cost to a minimum. The registration fee is $20.00 for a full day including lunch, morning and afternoon tea as well as arrival refreshments. We have also arranged for pads and pens, among other items, to be handed out free to registrants.

We look forward to seeing as many of you there as can make it.

Serving JPs and C.decs Throughout Queensland • 11

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Q.J.A. JOURNAL

THE RULES OF NATURAL JUSTICE Dr.Anthony Watson-Brown, PhD (Law)

Introduction We commonly hear the expression “the adjudicator did not follow the rules of natural justice” and wonder what these ‘rules’ are and where did they come from.

The system of law we have in Queensland is based on the common law of England. What this means is that our judges are bound by the principles of law established since time immemorial (or at least since the Normans invaded England in 1066) and found in the case law that forms the common law.

When Queensland was founded as a separate colony the case law of England and New South Wales was inherited as Queensland’s common law. Since then our common law has continued to develop with the decisions of the Court of Appeal, the High Court and for a long period, the Privy Council, contributing to the development of our common law.

The Queensland Parliament amends the common law if it considers the common law is at odds with the expectations of the citizens of Queensland. A recent example of this was the change to the ability to make claims against local authorities for injuries suffered as a result of the state of repair of roads. The courts, in exercising their rights under the common law, had overturned a long held indemnity for local authorities where they had not recognised a defect in a road and a person was injured as a result of the defect.

Parliament re-instated the indemnity to curb the inevitable claims for broken footpaths, in particular.

Part of that common law as it has evolved up until now contains certain rules to make the judging of legal rights as fair to all parties as possible. These are known as the rules of natural justice. We do not find the rules set out in an Act of Parliament. They form part of the inherited common law as expressed by the judges in the superior courts that affect our legal jurisdiction.

A definition The rules of natural justice might be defined as the rules and procedures to be followed by any person or body who has the duty to adjudicate on disputes between or the rights of others such as a government department. (Osborne’s Concise Law Dictionary) The rules govern not just the decision itself but also the procedures that must be followed to reach a fair decision.

The ‘rules’ in detail The chief rules are – • to act – o fairly, o in good faith, o without bias, and o in a judicial temper; • to give each party the opportunity – o to adequately state their case, and o to correct or contradict any relevant statement prejudicial to their case, and • not to hear one side behind the back of the other.

• A person must not be a judge in their own matter, so a judge must declare any interest they may have in the subject matter before them.

12 • Serving JPs and C.decs Throughout Queensland

• A person must have notice of what they are accused. Relevant documents to be considered by a tribunal must be disclosed to the parties before the tribunal.

• Not only must justice be done: it must be seen to be done.

To act fairly, in good faith, without bias and in a judicial temper.

This rule seems fairly straightforward. It is a statement of what most of us would expect of a judge. Indeed the later rules probably explain this rule in some detail. Perhaps the only one not explained by the other rules is to act in a judicial temper. This requires the judge to act in a way that brings respect on the Court, e.g., by not ranting and raving against the perceived guilty party but firmly and fairly stating the law as it is, reminding the guilty party of their obligations in society.

To give each party the opportunity to adequately state their case and to correct or contradict any relevant statement prejudicial to their case It would be grossly unfair if the adjudicator determining a person’s rights, fails to give them the right to state their case.

This does not require an oral or personal presentation of the case.

Indeed, it is sometimes a better application of the rule if the matter is reduced to writing and the arguments are put on paper rather than have the party appear before the tribunal or judge to put the case forward.

Similarly at the close of the other party’s argument, it is proper to let a party produce evidence and arguments to correct or contradict any relevant fact or statement put forward that is prejudicial to their side of the argument. It does not mean the judge has to accept the arguments, but the parties have the right to be heard on these points.

Not to hear one side behind the back of the other This leads to the next rule that means the judge must let both sides hear the other side’s argument. Again this does not have to be an oral presentation but if submissions are made, both parties must be able to see, read, or if appropriate, hear representations made by the other.

A person must not be a judge in their own matter, so a judge must declare any interest they may have in the subject matter before them This rule is to overcome the natural bias we all have to protect what is our own. A party merely knowing a judge is not enough to disqualify the judge, but the judge and the party should both make their relationship, if any, fully known to the other side.

A person must have notice of what they are accused. Relevant documents to be considered by a tribunal must be disclosed to the parties before the tribunal.

It is not fair, and so a breach of natural justice, if a party does not know of what they are accused. Similarly, any document produced to the tribunal that may therefore influence the decision must be disclosed to all parties.

Not only must justice be done: it must be seen to be done.

This is perhaps the best-known rule of natural justice as it summarises well the whole concept of natural justice. Judicial fairness cannot happen if it is not seen to happen.

VOLU M E 2 • NUMBER 2 • W I N TE R 2 0 0 5

MERCHANDISE The following merchandise is now available and can be ordered by ringing QJA State Office

Publications

JP Pin Badge . . . . . . . . . . . . . . . . . . $6.50 incl GST Car Sticker . . . . . . . . . . . . . . . . . . . . $3.00 incl GST Rubber Stamps . . . . . . . . . . . .$25.00 incl. GST

The Duties of Justices of the Peace (Qualified) Manual $13.50 incl GST

Cap

The Administrative Duties of Commissioners for Declarations

$19.50 incl GST

$6.80 incl GST

Quality Biro $6.00 incl GST

Pocket Badge $9.50 incl GST

Biro

Coffee Mug

$1.00 incl GST

$7.50 incl GST

Membership Card with photo $12.50 incl. GST Self-inking Stamps Membership Card

$37.50 incl. GST

$6.60 incl. GST

NEW QJA Poloshirt . . . . . . . . . . . . . . . . $30.00 incl GST

Serving JPs and C.decs Throughout Queensland • 13

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Q.J.A. JOURNAL

QJA Branch Contacts BEAUDESERT – VALMAI MACAULAY PO Box 610, Beaudesert 4285 Telephone: 5544 6460

GOLD COAST – VALERIE AUMANN 19 Keel Court, Currumbin Waters 4223 Telephone: 5598 1543

REDLANDS – SUE KOENIG 7/76-84 Holland Crescent, Capalaba 4157 Telephone: 0402 491 826

BUNDABERG – DAVE READ 24 Franklin Street, Bundaberg 4670 Telephone: 4152 3318

HERVEY BAY – JAN STAFFORD P O Box 1006, Hervey Bay 4655 Mobile: 0412 782 743

ROCKHAMPTON – RAY YOUNG OAM 102 Glenmore Road, Rockhampton 4701 Telephone: 4927 4155

CAIRNS – PETER VESELY 28 Illuta Street, Rasmussen 4815 Telephone 0408 208 958

INNER NORTHSIDE BRISBANE – DR ANNA SHIRAZE, 1/64 Alva Terrace, Gordon Park 4031 Telephone 3857 4163

SOUTH BURNETT – JAMES MCCANN PO Box 87, Yarraman 4614 Telephone: 4163 8461

CALOUNDRA – BERNARD KINGSLEY 2 Pennyroyal Circle, Currimundi 4551 Telephone 5493 1180

SOUTH PINE – BRYAN CARPENTER 70 Daniel Drive, Albany Creek 4035 Telephone: 3325 2595

IPSWICH – MARIAN VIERVEYZER PO Box 62, Goodna Qld 4300 Telephone: 3288 1652

FOREST LAKE – ROGER KELLY P.O. Box 4414, Forest Lake 4078 Mobile: 0403 034 408

TOOWOOMBA – BOB PILKINGTON 32 Blackstone Road, Newtown 4305 Telephone: 3812 1865

LOGANHOLME – JOHN BAILEY 30 Bingo Street, Holmview 4207 Telephone: 3287 1516

GLADSTONE – STEPHEN MILLS 130 Auckland Street, Gladstone 4680 Telephone: 4979 1756

TOWNSVILLE – RUTH SCHOKKER PO Box 782, Aitkenvale 4814 Telephone: 4728 5500 (W) 4770 7040 (H)

NOOSA – ALLISON CALAGHAN PO Box 1445, Noosaville 4556 Telephone 5474 1430

GLASSHOUSE MOUNTAINS – REV JOHN BARFOOT 54 Parkview Road, Glasshouse Mountains 4518 Telephone: 5438 7013

WESTERN SUBURBS – WILLEM BOSSCHIETTER 55 Pallert Street, Middle Park, Qld 4074 Telephone: 3376 7206

PACIFIC PINES – RACHAEL DE VERE 8 Morane Court, Pacific Pines, Qld 4211 Telephone: 5529 8789 We encourage you to contact the Branch nearest you.

Training JP (Qualified) Examination Training The next examination is set for Wednesday, 7 September 2005 between 6:00pm and 9:00pm.

Courses are planned for Brisbane, Ipswich, Gold Coast, South Burnett, Pacific Pines, Hervey Bay, Glasshouse and Inner North Brisbane. If you know anyone who is interested in becoming a JP(Qual) ask them to contact Mark Davis at QJA House.

The final exam for the year is on Saturday 12 November between 9:00am and 12 noon.

REFRESHER COURSE Ipswich Branch of the QJA is hosting a Refresher course for Justice of the Peace (Qualified) and Commissioner of Declarations.

YOU ARE INVITED When: SATURDAY 13th August 2005 8.30am registration for 9am Start Where: Humanities Centre Auditorium W.G.Hayden Building cnr South & Nicholas Sts, IPSWICH Cost: $20 For catering purposes please register your intention to attend by Email (preferred), fax or phone.

Change of Address Please contact the State Office phone 07 3392 2455 or email: admin@qja.com.au if you have any change of address/telephone/email details.

14 • Serving JPs and C.decs Throughout Queensland

RSVP Email: Charmaine Besgrove charmy@iinet.net.au Morning & Lunch OR Afternoon Tea included Email: Marian Vierveyzer soloone@optusnet.com.au Fax: (07) 3288.1262 Mobile: 0415.418320

GUEST SPEAKERS

The

Q.J.A. JOURNAL

Our Patron The Hon Paul de Jersey, AC, Chief Justice of Queensland

Board of Directors PRESIDENT & CHAIRMAN OF THE BOARD Mr Joseph Law JP (Qual) 31 Kroll Street, Kippa Ring Q 4021

Telephone: (07) 3283 6800 Facsimile: (07) 3283 6800 Mobile: 0411 707 597 e-mail: jlaw@ozzienet.net

VICE PRESIDENTS Mr Doug Hull JP (Qual) P.O. Box 5289, Torquay Q 4655

Telephone: (07) 4124 4214 Facsimile: (07) 4124 7939 e-mail: dougglen@bigpond.com.au

Mrs Bernice Lippiatt JP (Qual) 3987 Mt Lindesay Highway, Park Ridge Q 4125

Telephone: (07) 3802 2557 Facsimile: (07) 3802 2559 Mobile: 0411 663 757 e-mail: darkmoon121@ozemail.com.au

Mr Bob Pilkington JP (Qual) 32 Blackstone Road, Newtown Q 4305

Telephone: (07) 3812 1865 Mobile: 0438 121 865 e-mail: r.pilko@optusnet.com.au

DIRECTORS Mr Garry Franke JP (Qual) 8 Patrol Street, Jamboree Heights Q 4074 Telephone: (07) 3376 3375 Facsimile: (07) 3376 3375 Mobile: 0418 740 694 e-mail: garryfra@bigpond.net.au

Mrs Marian Vierveyzer JP (Qual) PO Box 62 Goodna Q 4300 Telephone: (07) 3288 1652 Facsimile: (07) 3288 1262 Mobile: 0415 418 320 e-mail: soloone@optusnet.com.au

Mr Roger Kelly JP (Qual) PO Box 4414 Forest Lake Q 4078 Telephone: (07) 3279 9710 Facsimile: (07) 3278 9899 Mobile: 0403 034 408 e-mail: mail@activeaudio.com.au

Dr Anthony Watson-Brown JP (Qual) PO Box 1766, Broadbeach Q 4218 Telephone: (07) 5538 5605 Facsimile: (07) 5538 5605 Mobile: 0424 778 543 e-mail: awbrown75@hotmail.com

Ms Jan Stafford JP (Qual) PO Box 1006, Hervey Bay Q 4655 Telephone: (07) 4124 2068 Facsimile: (07) 4124 5618 Mobile: 0412 782 743 e-mail: qjahb@hotmail.com

Mr. Raymond Young OAM, C.dec 102 Glenmore Road, Rockhampton Q 4701 Telephone: (07) 4927 4155 Mobile: 0405 624 648

STATE OFFICE

Registrar

HELPFUL NUMBERS FOR JPs

751 Stanley Street Woolloongabba Q Postal Address: PO Box 8419 Woolloongabba Q 4102

Mr Mark Davis MBA JP (Qual)

Adult Guardian Customs Watch Dept of Families 24 hour crisis line Dept Foreign Affairs & Trade Consular Assistance Dispute Resolution Centre Mental Health Orders (office hours) National Security Hotline Public Trustee

Telephone: Free call: Facsimile: E-mail: 2

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Office Hours: Mon-Fri 9.00am to 5.00pm

(07) 3392 2455 1800 061 423 (07) 3392 2955 Website: www.qja.com.au admin@qja.com.au

Serving JPs and C.decs Throughout Queensland

1300 653 187 1800 06 1800 (07) 3235 9999 (07) 3405 4799 1300 555 135 1800 017 288 (07) 3835 1444 1800 123 400 1300 360 044

ANNUAL SUBSCRIPTION REMINDER Your Annual Subscription is now due. Please complete the flyer that came with this Journal and return it to QJA as soon as possible with your subscription.

Serving JPs and C.decs Throughout Queensland

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The

VOLUME 2 • NUMBER 2 • winter 2005

Q.J.A. JOURNAL

What Q.J.A. Means QJA is established to:QJA — Established in 1918

• Encourage high ethical standards of conduct of Members in performing their Office.

Official Magazine of the Queensland Justices Association

• Promote and maintain the status of the Offices of JP and C.dec.

• Provide Members with advice on the duties, rights and obligations of the Office they hold.

• Represent the interests of Members specifically and the Office generally to the Government and to the general community.

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president’s letter

• Provide education and training to advance the interests of Members and potential members.

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from the board

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Latin for JPs & C.Decs

• Promote fellowship and goodwill between Members and Office holders who are not Members as well as Justices of the Peace from other jurisdictions.

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Roll of Honour

QJA exists to support members in carrying out their Office as Justices of the Peace and Commissioners for Declarations. As a member you have access to an organisation that promotes the ideals set out above. Membership costs less than a dollar a week for which you receive four journals a year that cover current, topical matters relevant to JPs and C.decs. Membership fees are our major source of income. QJA also provides at minimal cost members badges, car and letterbox stickers, ID cards, certification stamps and other materials to assist JPs and C.decs in carrying out their duties.

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NEW MEMBERS

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news in brief

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EDITorial

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ARTICLE

• Monitor relevant changes in legislation, assess the impact of these and advise Members accordingly.

• Provide Members with a forum for the exchange of views and ideas.

• Promote fellowship and goodwill between the Members.

We promote through our Branches discussion of topics relevant to members. Our organisation meets at least once annually as a whole body to further those discussions throughout the membership.

Our training courses provide primarily for persons wishing to become JPs. We support local refresher courses, professional development and training information to members through our Branches to keep members up to date.

Over the past year we have opened 14 new Branches and over the next 2 years we aim to open more. Please let us know if you want to participate in this exercise. If you live in an area that has an existing Branch you should consider using the facilities that the Branch offers and extend your JP network.

It is vital that you continue to support us so we can support you. If you have any suggestions, please take the time to write to the Registrar so the QJA can be responsive to the wishes of members.

Elder Abuse

Letters

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q&A Your questions answered

of agm 10 Notice & egm

see you at the Saturday 24 September 2005 – 8:30am to 5:00pm Supreme Court & Bauhinia House For Registration contact the Registrar at State Office on 1800 061 423 or (07) 3392 2455

QJA News Briefs

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QJA 2005 STATE CONFERENCE ROCKHAMPTON

QJA Tutors at work preparing students for the JP (Qualified) exams (left) Max Emery (centre) Bob Pilkington (right) Richard Shaw with their respective classes

ARTICLE What’s Happening in Rockhampton in September?

12 ARTICLE The Rules of Natural Justice 13 Merchandise 14 Branch contacts

The QJA Journal is compiled by an Editorial Board on behalf of the QJA. Editor Dr Anthony Watson-Brown

Sub-editor Mrs Bernice Lippiatt

Sub-editor Mr Garry Franke

The views expressed in Articles published in the QJA Journal are not necessarily the views of the Queensland Justices Association or the Board of Directors. © Queensland Justices Association claims copyright in all material published in this Journal. No material may be copied or reproduced without the written consent of the QJA. Printed by IPG Print, Telephone 07 3350 4262, 4 Millway Street Kedron Qld 4034.

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Serving JPs and C.decs Throughout Queensland

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what qja means to members

QJA Promotes Training for Justices of the Peace One of the major functions QJA carries out is training. The most visible aspect of this training is teaching new JP(Qual)s. The Association has been working in this area for a number of years but recently it has taken a new turn. Students are now being encouraged even more to maintain a link to QJA through, initially, associate membership of the Association. This gives the students the ability to join Branches and participate as far as they can in Association activities.

To deliver this teaching service QJA has, over the past 18 months, run courses to train new Tutors of which there are now 16. The Tutors are available through Branches to teach new Justices of the Peace (Qualified) in southern and central Queensland. In September a Tutors course will be run in Brisbane. The Board of Directors is conscious of the need to have trained Tutors available throughout the State and is seeking Members with the appropriate background who wish to be involved to contact State Office for further details.

The basic qualification to become a Tutor is for a JP(Qual) Member to hold a Certificate IV in Workplace Assessment and Training or its equivalent. Members who have teaching qualifications equivalent to those recognised for teaching at schools, university or other tertiary education institutes are also more than welcome as Tutors.

The key element is experience in leading classes preferably of mature age students.

The Tutors also assist the Branches in professional development training. They arrange for the Branch suitable presentations by essential stakeholders such as the Courts including the Family Court and Magistrates Court, Queensland Police, Department of Natural Resources, Public Trustee and Legal Profession.

Branches are given the task of providing this professional development information at a district level for Members so QJA can ensure matters are discussed having regard to local needs.

Refresher courses for JPs and C.decs are also on the Branchs’ agendas. While appropriate professional development outlined above lessens the need for these more intensive courses, there is a time and place for refresher courses for members.

Serving JPs and C.decs Throughout Queensland

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