Vol 5 no 4 summer 08

THE

INside

VOLUME 5 • NUMBER 4 • Summer 08-09

QJA – ESTABLISHED IN 1918

Official Magazine of the Queensland Justices Association

THIS ISSUE QJA STATE CONFERENCE TOWNSVILLE

3

PRESIDENTS LETTER

4

ROLL OF HONOUR

5

STATE CONFERENCE TOWNSVILLE

11

AUSTRALIAN COUNCIL OF JUSTICES ASSOCIATION

NEWS IN BRIEF

New Members & Vale

Becomes International

12

TOOWOOMBA FORUM MEMBERS QUESTIONS AND ANSWERS

14

BRANCH SECRETARIES AND CONTACTS

Before the conference was officially opened delegates were requested by the Master of Ceremonies to introduce themselves to the person seated next to them.

ACJA Becomes International

Logan West Refresher Seminar

15

MERCHANDISE

Australasian Council of Justices Association’s meeting in Adelaide. Seated left to right: Sylvia Pohlner JP (SA), Michael Cheshire JP – Vice President (Vic), Tim Potter JP Immediate Past President (SA), Maureen Rudge OAM JP President (Tas), Helen Drummond JP Honorary Registrar (NT) and Charlie Parrot JP (NT). Standing left to right: Alan Hart JP (NZ), Noel Crowley JP (NSW), Errol Neale JP (Qld), Philip Timms JP (WA), David Wright JP (Tas), Bob Pilkington JP (Qld), Doug Hull JP (Qld), Ian Knox JP (NZ), Kanti Jinna JP (ACT), David Paton JP (Tas), Colin Beauchamp JP (WA) and Rod Nicholas JP (ACT).

Serving JPs and C.decs Throughout Queensland

THE

Q.J.A. JOURNAL

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

Board Board of of Directors Directors PRESIDENT PRESIDENT & CHAIRMAN & CHAIRMAN OF THE OF THE BOARD BOARD Mr BobMr Pilkington Bob Pilkington JP (Qual) JP (Qual)

Telephone: Telephone: (07) 3812 (07)1865 3812 1865 Mobile:Mobile: 0438 121 0438 865 121 865 e-mail: e-mail: bob.pilkington@qja.com.au bob.pilkington@qja.com.au

VICEVICE PRESIDENTS PRESIDENTS Mrs Bernice Mrs Bernice Lippiatt Lippiatt JP (Qual) JP (Qual)

Telephone: Telephone: (07) 3802 (07)2557 3802 2557 Mobile:Mobile: 0411 663 0411757 663 757 e-mail:e-mail: bernice.lippiatt@qja.com.au bernice.lippiatt@qja.com.au

Mr Doug Mr Hull DougJPHull (Qual) JP (Qual)

Telephone: Telephone: (07) 4124 (07)4214 4124 4214 Facsimile: Facsimile: (07) 4124 (07)7939 4124 7939 e-mail:e-mail: doug.hull@qja.com.au doug.hull@qja.com.au

Mr Garry Mr Franke Garry Franke JP (Qual) JP (Qual)

Telephone: Telephone: (07) 3376 (07)3375 3376 3375 Mobile:Mobile: 0418 740 0418694 740 694 e-mail:e-mail: garry.franke@qja.com.au garry.franke@qja.com.au

DIRECTORS DIRECTORS Mr Roger Mr Kelly RogerJPKelly (Qual) JP (Qual) Telephone: Telephone: (07) 3279 (07)9710 3279 9710 Mobile:Mobile: 0430 028 0430 601 028 601 e-mail: e-mail: roger.kelly@qja.com.au roger.kelly@qja.com.au

Mr RayMr Burrows Ray Burrows JP(Qual) JP(Qual) Telephone: Telephone: (07) 3822 (07)1366 3822 1366 Mobile:Mobile: 0409 499 0409 016 499 016 e-mail: e-mail: ray.burrows@qja.com.au ray.burrows@qja.com.au

Mrs Marian Mrs Marian Vierveyzer Vierveyzer JP (Qual) JP (Qual) Telephone: Telephone: (07) 3389 (07)2481 3389 2481 Mobile:Mobile: 0415 418 0415 320 418 320 e-mail: e-mail: marian.vierveyzer@qja.com.au marian.vierveyzer@qja.com.au

Mrs Yvonne Mrs Yvonne Jex JP (Qual) Jex JP (Qual) Telephone: Telephone: (07) 4057 (07)9070 4057 9070 Mobile:Mobile: 0449 043 0449 100 043 100 e-mail: e-mail: yvonne.jex@qja.com.au yvonne.jex@qja.com.au

Mr Raymond Mr Raymond Young OAM, Young OAM, JP (Qual) JP (Qual) Telephone: Telephone: (07) 4927 (07)4155 4927 4155 Mobile:Mobile: 0405 624 0405 648 624 648 e-mail: e-mail: ray.young@qja.com.au ray.young@qja.com.au

Mr David Mr Read DavidJPRead (Qual) JP (Qual) Telephone: Telephone: (07) 4152 (07)3318 4152 3318 Mobile:Mobile: 0405 252 0405 135 252 135 e-mail: e-mail: dave.read@qja.com.au dave.read@qja.com.au

The QJA TheJournal QJA Journal is compiled is compiled by an Editorial by an Editorial Board Board on behalf on behalf of the QJA. of the QJA. EditorEditor Mr RayMr Burrows Ray Burrows Sub-editor Sub-editor Greg Cuthbert Greg Cuthbert The views Theexpressed views expressed in articles in articles & advertisements & advertisements published published in the QJA in theJournal QJA Journal are not are necessarily not necessarily the views theofviews the Queensland of the Queensland Justices Justices Association Association or the Board or the of Board Directors. of Directors. © Queensland © Queensland JusticesJustices Association Association claims claims copyright copyright in all material in all material published published in this in Journal. this Journal.

No material No material may bemay copied be copied or reproduced or reproduced withoutwithout the written the written consentconsent of the QJA. of the QJA. All enquiries All enquiries shouldshould be addressed be addressed to ThetoEditor The Editor at editor@qja.com.au at editor@qja.com.au PrintedPrinted

by JT Press,

by JT Telephone Press, Telephone 07 3283 070100, 3283 17 0100, High 17Street, High Street, Redcliffe Redcliffe Qld 4019.

Qld 4019.

STATE STATE OFFICE OFFICE REGISTRAR REGISTRAR

HELPFUL HELPFUL NUMBERS NUMBERS FORFOR JPs JPs

751 Stanley 751 Stanley StreetStreet Greg Greg Cuthbert Cuthbert JP(Qual) JP(Qual) BA, BA, Adult Adult Guardian Guardian Woolloongabba Woolloongabba Q 4102 Q 4102 PG Dip PGEd Dip Ed Customs Customs WatchWatch PostalPostal Address: Address: Consular Consular Assistance Assistance PO Box PO 8419 Box 8419 OfficeOffice Hours: Hours: Dept of Dept Families of Families 24 hour 24 crisis hour line crisis line Woolloongabba Woolloongabba Q 4102 Q 4102 Mon –Mon Fri –8.30am Fri 8.30am to 4.30pm to 4.30pm Dept Foreign Dept Foreign AffairsAffairs & Trade & Trade Telephone: Telephone: (07) 3392 (07) 3392 2455 2455 Free call: Free call: 1800 1800 061 423 061 423 Facsimile: Facsimile: (07) 3392 (07) 3392 2955 2955 Website: Website: www.qja.com.au www.qja.com.au E-mail: E-mail:admin@qja.com.au admin@qja.com.au

Serving JPs and C.decs Throughout Queensland

Dispute Dispute Resolution Resolution CentreCentre Mental Mental HealthHealth OrdersOrders (office(office hours)hours) National National Security Security Hotline Hotline PublicPublic Trustee Trustee

1300 653 1300187 653 187 1800 06 1800 1800 06 1800 1300 555 1300135 555 135 (07) 3235 (07) 9999 3235 9999 (07) 3405 (07) 4799 3405 4799 1800 017 1800288 017 288 (07) 3835 (07) 1444 3835 1444 1800 123 1800400 123 400 1300 360 1300044 360 044

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President’s Report Annual General Meeting 1st November 2008 Ladies and Gentlemen: It is with pleasure I welcome you to the 2008 Annual General Meeting of the Queensland Justices Association.

As you are aware the QJA has a presence in almost every major Queensland town or city, with 24 branches throughout the state. This year saw the formation of new branches in Logan City and Gympie and unfortunately the closure of the Kingaroy branch.

The Association continues to be administered from our State Office at Woolloongabba in Brisbane by Registrar Greg Cuthbert and admin assistant Julie Frail. A 10 person Board of Directors provides governance.

Membership of the Association has grown significantly over the past 12 months to over 5500 members to date. This increase in membership along with increase sales of merchandise and renegotiation of important supplier contracts has meant that the Association is able to hold membership fees steady and return a healthy surplus for the 2007/2008 financial year.

This year the Association entered into a contract with MYOB M-Powered services to provide a range of electronic payment options for renewal subscriptions. This method of payment greatly reduced the workload of State Office thus reducing the costs associated. The Association is also looking at several options that will provide members with value added services. The Association has just signed a fleet discount agreement with Hertz Rent a Car that will give all members a discounted rate if they choose to use Hertz.

Many QJA branches conducted JP training on behalf of the Association.

This year State Office also conducted in house training for business in Brisbane. The Inner North Brisbane branch conducted a very successful training day in February this year.

The Townsville branch hosted a successful State Conference, in October this year, with JP’s from 18 different Queensland centres attending. The 2009 State Conference will be held at Cleveland, in Redland City, on 3 October 2009.

I would like to publicly acknowledge the assistance and guidance provided to the Association by the JP Branch of the Justice Department in particular the Registrar Mr Damien Mealey and Assistant Registrar Mr Dimitri Glianos.

Finally I would like to thank my fellow Board members for their time and effort over the past 12 months. Without their hard work and dedication, the Association would not be in the strong position that it is today To all members and their families the Board of Directors and staff of the QJA wish you all a very Merry Christmas and a prosperous New Year.

Bob Pilkington President

News in Brief Annual General Meeting A successful AGM was held on Saturday 1st November, with the main business of the day being the special resolutions put forward to amend the QJA constitution. 57 of the 59 motions put forward were passed. The other two were withdrawn. The new constitution, along with the minutes of the meeting are now available for download from the QJA website www.qja.com.au (links and downloads section). Those without internet access can request a paper copy from the QJA State Office. The next step from here is that the board will be amending the branch by laws. These do not require member approval, but we will put them out to branches for consultation, once the board approves the draft in the new year.

Cairns – Provisionally Saturday March 28th. This workshop will be limited to 40 people. Further information will appear in the Autumn Journal and soon on the QJA web site. You can also phone State Office on 1800 061 423 or Yvonne Jex, QJA Director in Cairns, whose number appears elsewhere in this journal, for more information.

There will be a charge for these seminars so that we can cover costs (maximum $20) and this will include morning tea and lunch.

BUNDABERG BRANCH “MAKE A WISH FOUNDATION” DONATION.

Refresher Seminars The QJA will be conducting a number of full day refresher seminars in the early part of 2009. The seminars have been approved for: Logan City – Saturday February 21st. Crestmead Community Centre, Gimlet St, Crestmead. The format of this will be a “mini JP workshop” with a number of QJA trainers conducting the revision workshops. See the advert for this on page 14.

Sunshine Coast – Provisionally Saturday March 14th. The Maroochydore branch has been given approval and further information will appear in the Autumn Journal and soon on the QJA web site. You can also phone State Office on 1800 061 423 or Juell Booth, Maroochydore branch secretary, whose contact details appear elsewhere in this journal, for more information.

L to r, Mr Robert Strachan, Fund Raising Coordinator, Make a Wish Foundation receives a donation of $500.00 from Victor Dawson Chairperson of the Bundaberg Branch at a recent charity auction.

Guest auctioneer for the event was David Read.

Serving JPs and C.decs Throughout Queensland

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ö

Roll of Honour õ

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

SILVER – 25 YEARS OF SERVICE June Watkins

Welcome to New Members The Following have joined the Association since the Autumn 2008 Journal: M Anthony D Bakon WL Barbeler DA Barclay PW Batt CJ Baxter PN Benkendorff JE Best MF Biner WE Blewitt TS Boatwright SW Booth CA Briggs J Brooks LT Brown AD Buchanan P Burbidge-King KL Caddy M Casha LS Chaney M Chan-Polley C Chaplin DM Clark CM Coleman M Corica AL Counsell SF Crane MJ Curtis AJ Cushnan VJ Daniels DC Dela Cruz S Devine LA Devlin C Donnelly-Lennon

S Donsky H Dowling S Doyle M Duckworth JT Dyckhoff IG Eadie AK Elmi MF Eseli Y Farid M Farrell MM Faulkner RB Felschow L Fenton SA Fitzsimmons IA Ford T Fornaro CA Fowler GC French M Gadsby K Geedrick BS Gentile M Gilmore BJ Glover JL Goldsworthy R Gooch G Goodwin A Gordon SA Graham S Gumley E Guy TA Hamill SL Hams SE Hawker GS Hawkins

JD Haywood WL Heneker UD Henry MA Hewitt GL Hill SM Hill SF Hudson J Hughes TS Isherwood SM James KM Kahler MW Kay TG Keen DI Kilpatrick PD Knowles JA Koina SD Kuhn A Kumar JKS Lai K Lander LJ Langdon PS Leddy KJ Lee SJ Leonard CG Lewis P Livermore TA Locke AM Logan FJ Loveday ME Lyons GC Mackie C Mangan JM Manley MD Marchetti

LA Marek K Marshall PM McCann JG McCarroll K McDonald M McDonald N Michail JA Miesen IM Miller SM Moller C Molloy SJ Montgomerie CE Muller D Muller KE Mullins L Murray J Narotam DL Neubauer AL Newman RJ Nicholls RC Nicolle E Noble DJ Noye MP Noye L Oakhill MJ O’Dowd BF Oram AH Packer W Parley DN Perrett GW Pickering C Pietro EB Pinkerton D Pleace

J Povey B Prettejohn MJ Purdy BM Ramsay K Randhawa RM Ranson KL Reed GL Reuter AE Roache GE Rodger M Rodgers PJ Roebig DM Rostron AM Rue TE Ryan J Sargood AJ Seeney P Shaw PC Shaw E Singh DP Skuse CJ Smith FC Spittle PA Stellema K Stewart L Stocks TM Stronge I Sugden SM Summers D Sutton JP Swann MM Syed J Taylor PA Taylor

CM Thomson CE Tidbury HJ Townes B Trubody HJ Tucker KG Urry MR Van Renen R Van Wyk NN Vang JG Vella J Veltmeyer SPJ Ward PV Warry SL Watts SC Weber PA Whear GA Wheeler DB Whitehead M Wicks NK Wicks EH Wilkie CL Williams LJ Williamson J Willis RJ Willis C Willmot L Willoughby GE Willson AM Wilson YK Woo KJ Young

Theo Marks

Peter Tsikleas

Vale We have received with sadness notice of the passing of the following Members: Margaret Campigli

Roy Elkington

David Fairfax

Frank Krista

Members should note that the Roll of Honour for 25+ and 50+ relates only to length of QJA Membership. Members wishing to receive the 25 years of distinguished service certificate as a Justice of the Peace for the State of Queensland should contact the Justice and Attorney Generals Department, JPs’ Branch on telephone (07) 3259 6098 or 1300 301 147 or email jp@justice.qld.gov.au.

Serving JPs and C.decs Throughout Queensland

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QJA State Conference Townsville 11th October 2008

“JP’S SERVING THE COMMUNITY” QJA Vice president Mr Doug Hull called the delegates to order and introduced Mr Bob Pilkington who welcomed the delegates to the conference. The first speaker of the day was Mr Les Tyrell, Mayor of Townsville. Mr Tyrell advised visiting delegates that they would experience a warmer climate than from where they travelled. Mr Tyrell advised that Townsville was the third largest city in the State with a population of approximately 120,000 people. He suggested that there were plenty of restaurants and interesting places to visit in Townsville including the Strand which had won a number of awards. Mr Tyrell on behalf of the residents of Townsville thanked all Justices of the Peace and Commissioners for Declarations for the support they give to the community. He also congratulated the organisers of the conference for the work that they had done.

Mr Hull introduced the Honourable Justice Cullinane of the Townsville Surpreme Court. His Honour made reference to the historical roots of the formation of Justices of the Peace under King Henry II in England.

When the first fleet arrived in Australia (New Holland), the judicial system developed in England was introduced into the new colony.

The role of the Justice of the Peace today plays a greater part than in the colonial days. He referred to the great orator and jurist Marcus Cicero who stated “We are slaves to the law so that we may remain free.”

With that his honour declared the conference officially open.

The next speaker was Mr Dimitri Glianos who acknowledged the traditional owners of the land. Mr Glianos described the role of the Justice of the Peace Branch Under the Justices of the Peace and Commissioners for Declarations Act 1991. He advised that there were 90,000 Justices of the Peace and Commissioners for Declarations in the State yet people still complained about finding a JP. Mr Glianos stated that the JP Branch was keen to work in partnership with the Queensland Justices Association across the State of Queensland.

There were currently 2000 volunteers working in community sites, court houses, shopping centres, hospitals and universities making JPs more accessible throughout the State.

that affect services provided by JPs and C.Decs and the appointment of same.

The assessment of future JPs will change as we currently know it and the exam will only be one form of assessment and applicants will need to provide other evidence several weeks after the exam and to answer scenarios which will assess whether they are competent. All of this is to ensure that they are ready to be appointed. The JP Branch will forge ahead to undertake training of JPs and to date 840 people have been trained across the State.

The JP Branch has concerns in relation to training as 340 people who have sat for the exam; only 90 had completed a course somewhere.

Others simply sat for the exam without doing any training. I mark every exam paper. The University of Queensland did a survey on behalf of the JP Branch and considered 1500 people. The result was loud and clear that the examination from the Handbook was not rigorous enough and people did not know what they were doing. The Minister often talks to me how we can improve the quality of training.

We (The Branch) intend to conduct two seminars in the first half of next year across the State. We will have a number of keynote speakers and people from universities to make an impact on JPs. The Justice Department is currently being restructured and will include the JP Branch, SPER, Dispute Resolution Branch, Births, Deaths and Marriages, Registration Services (Business Names) and Industry Licensing Branch (Office of Fair Trading).

The next speaker before morning tea was Sergeant Mark Lance, Townsville District Domestic Violence and Mental Health Coordinator.

Sergeant Lance has had 30 years experience in Domestic Violence matters and a short period in Mental Health. He commenced by providing some interesting statistics of Domestic Violence and Mental Health across Queensland, Townsville and Mt Isa.

How can JPs’ Help.

The JP Branch provides training for JPs across the State. We are no longer asking aspiring JPs to rewrite sections of the JP Handbook but to interpret what the Handbook is saying and we want to know whether they know what it (the Handbook) is saying. The JP Branch is responsible for checking whether people are eligible to become JPs. Every applicant is checked through the Transport Department as well.

Sergeant Lance said that the proper use of judicial functions by JPs to ensure proper completion of applications for Domestic Violence and Justices’ Examination Orders was crucial.

The JP Branch has difficulty in keeping track of JPs due to people no longer willing to undertake the role, death or simply have not advised the JP Branch of a change of address.

• •

JPs have been asked to sit on the bench and this has happened recently in Mackay when the Magistrates Court needed help when a magistrate was not available.

We want to work with the QJA in terms of professionalism and services provided by JPs. We (The Branch) are going to make a number of changes over the next few years. The Minister has moved to reform the Advisory Council which will be made up of the Presidents of the various Professional Associations, representatives from Rural West Queensland, Indigenous Groups and Volunteers. The Council will work with the Attorney General and the JP Branch to make decisions

Domestic Violence.

Domestic Violence Applications consisted of two parts: Application process; Summons process.

JPs must witness a declaration under the Oaths Act that the information set out in the application is true and correct. Before the summons is issued view the application to: • Confirm that it is a lawful document; • Check for alterations, blank spaces or omissions; • Review content for false material; • Ensure annexures are properly marked and attached; • Establish or confirm the identity of the signatory before witnessing the signature and affixing the seal. Does the information in the application give some grounds to support that domestic violence has occurred and is likely to occur again; Serving JPs and C.decs Throughout Queensland

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QJA State Conference Townsville – Continued • Are the parties in a domestic violence relationship; • Ensure that obvious false, malicious and frivolous information does not lead to an abuse of process.

The summons is your order directing a person to appear at court on a particular day and time and places a legal obligation on that person affecting that liberty. The procedure for issuing a summons is very different from the procedure for witnessing a document. There is a need to exercise your judicial discretion.

A JP may issue a summons only if the JP knows that a Magistrates Court is sitting at the time and place that the JP specifies in the summons. There must be some communication with the court in setting the return date.

Justices Examination Orders.

A JEO authorises the examination of a person who is thought to be suffering from a mental illness in order to decide whether or not to recommend that they undergo a full psychiatric assessment. It allows the assessment to go ahead whether or not the person concerned agrees.

The JEO must be in a prescribed form and also consists of two parts: • The application information substantiating the issue of the order; • The order itself.

The same principle of exercising judicial discretion applies when issuing a JEO. Only if there are grounds in the application that the subject has a mental illness and should undergo a full assessment. The assessment cannot be carried out properly unless the JEO is made.

It is for the doctor or health practitioner to determine whether the person concerned has a mental illness. This is a safeguard as the order will not be activated if in their opinion the person is not in fact mentally ill and requiring hospitalisation. This safeguard does not mean that just because an application is made an order instantly follows. Read all the material supplied and ask the applicant further questions. If necessary keep a record of the questions asked and the answers given.

After morning tea, Ms Adelaine Sladden, Deputy Registrar and Ms Leanne Coultard, Administration Officer from the Townsville Magistrates Court had been asked by Michael Bice, Regional Manager, Department of Justice and Attorney General for the North Queensland Region and Susie Warrington, Principal Registrar, Magistrates Courts Townsville to deliver this short speech today at the State Conference on Michael’s behalf.

Firstly this speech will highlight the important role that all JPs play in assisting the justice system at both a regional and local level.

Secondly it will communicate to you all an exciting development the department has embraced to drive Queensland Courts forward into the decade.

A New Direction – Queensland Courts.

This year, for the first time, staff from the Supreme, District and Magistrates Courts sat down and planned a future together as a single entity – that entity is Queensland Courts.

Serving JPs and C.decs Throughout Queensland

In making this choice, we acknowledge the fact that our organisational direction, our goals, and our biggest priorities are very much aligned.

We want to build an organisation that encourages responsiveness, co-operation, collaboration, and creativity. We would like to develop an organisational culture that is motivated to continually assess itself and improve its services and the way it presents in the world.

We would like to construct an organisation where individuals are encouraged and supported to grow and embrace opportunities for greater understanding and meaningful contribution.

We are very keen to continue to embrace, support and where possible expand the important role the court volunteer JPs play in adding value to the justice system.

Most critically, we need a single vision for Queensland Courts – that is, we need to approach problems and address issues from a whole of courts perspective wherever possible. This is an important process for a number of reasons – from a strategic perspective; the Queensland Courts are much more powerful as a single entity than when broken down into separate jurisdictions. Another important reason to do this is to leverage scarce resources across the courts to the best advantage of all – for example, to remove duplication and not waste resources trying to do the same things in the various jurisdictions.

To this end, last year we established a whole of courts Capability and Development Unit which develops training and education for all Queensland Courts staff – this unit was created using both Supreme and District Court resources and Magistrates Courts resources.

Similarly, a single communications unit for all Queensland Courts finally came into being last year. Information Technology services are also being managed across all levels of Queensland Courts.

This means that every court user will be able to navigate the court system with greater ease and not necessarily encounter massive differences in service or approach in different registries. Greater consistency in the way we do business as Queensland Courts means better service for court users.

We feel confident that we are on the right direction and with the ongoing help and support of court volunteer JPs we have a greater capacity to meet the ongoing demands for their services. Thank you for your support.

Next speaker was Mr Robert Davie, Principal Guardian, North Queensland Region. Mr Davie explained who the Adult Guardian was in the following terms.

• An independent Statutory Officer who operates independently and without interference by government and non-government organisations.

• The current Adult Guardian is Ms Dianne Pendergast who delegates her powers to staff in various regions.

• The role was established in 1998 to protect the rights and interests of adults with impaired decision making capacity. All clients of the Adult Guardian must have impaired decision making capacity.

Functions of the Adult Guardian.

• Act as a guardian and to provide substitute decision making consistent with adults care and protection; • Acts as a Statutory Health Attorney (Last resort); • Provides protection of an adult with impaired capacity; • May act as an Allied Person under the Mental Health Act 2000;

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QJA State Conference Townsville – Continued • Conducts investigations into allegations of abuse, neglect and exploitation; • Acts as personal attorney (Last resort) under an EPA or AHD; • Provides education to the community.

How is Capacity Defined.

A person must be able to: • Understand the nature and effect of a decision; • Freely and voluntarily make decisions (Not making a decision under duress); • Communicate the decision in some way.

Capacity is: • Decision Specific (Eg. Flu needle versus an operation); • Domain specific (Eg. Accomodation versus finances); • Time specific (Eg. Variable over time. IE. dementia, mental health).

Mr Davie emphasized the importance of taking notes in case the validity of an EPA or AHD is ever questioned by the Office of the Adult Guardian or Guardianship and Administration Tribunal who may ask you to provide copies of your notes or to explain some of the following: • Questions asked of the Principal; • Responses to those questions; • Details of any medical documents/reports sighted regarding the Principal’s capacity to make an EPA or AHD.

The court found that in the circumstances that the warrant was not sufficiently particularized for the person who it was executed upon to understand the warrant clearly. Deemed the warrant invalid and search unlawful and all evidence obtained from the search was then found to be inadmissible. All over the small error of not including a name.

It is clear that the courts take the issue of intrusion into a person’s private domain seriously. In an effort to understand this balance and how to get it right Sergeant Beal went on to discuss the following areas: • The role of the justice in the issue of warrants; • The search warrant application; • When a justice can issue a search warrant; & • The warrant itself; • The JP is an independent party there to safeguard the person police are dealing with from unfair or unlawful action; • To safeguard the police from any spurious or false allegation; • Doesn’t mean that police are out to treat people in a way that would be considered unfair; • Conversely doesn’t mean all people police deal with will make allegations against them that are false; • It does however provide an accountability measure; • Ensures transparency to the process so that fairness can be seen to have been done.

He focussed on the safeguard role that the justice plays in that process.

The next speaker Sergeant Roger Beal, Police Prosecutions Unit, Townsville Police, spoke on Search Warrants.

1. The JPs role is to issue a warrant only when it is permitted at law.

(Sec 151 PPRA)

On a professional note he gave special thanks to those justices who are prepared to give up their time after hours on many occasions to assist police in so many ways. He had spent the last 18 months in a position as Brief Manager responsible for overseeing systems to ensure briefs of evidence meet required standards. In this role he overviewed a large number of briefs and presented many trials and committal hearings. He looked at this material objectively as the court will not accept poor standards.

2. In doing so prevent the public from unnecessary intrusions into a home or other premises.

This had given him the opportunity to see problems that occur over a long period of time and what is required for matters to succeed before the court. Issues continue to be raised regarding Search Warrants and due to the need to use warrants to assist investigations they will continue to be a matter that is dealt with by the court.

Chapter 7 of the Police Powers and Responsibilities Act 2000.

Sergeant Beal gave an example that had occurred in Townsville.

By all means seek advice from other persons who are qualified to provide assistance, but if you have an understanding of the legislation you are dealing with, the questions that you ask will be much more focused and the information you receive in return will be of far greater assistance. For Queensland legislation you can go to the website of the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au and look for the Police Powers and Responsibilities Act 2000.

Police attended the residence of person A in possession of a search warrant relating to the possession of dangerous drugs. When police entered the premises they located Person A and a second person B in the premises. A significant quantity of material relating to dangerous drugs was located and both A & B were charged separately in relation to the material.

Person B proceeded to trial in the Magistrate Court and contested the lawfulness of the search warrant indicating that the name of the person to whom the warrant was directed had not been included in the particulars on the warrant despite the police knowing the identity of Person A. It was argued that this did not affect the powers exercised by the police and the identification of the correct premises was sufficient.

As the old adage goes ‘A man’s home is his castle’. This is an important role. Not only for the protection of the public. It ensures that effective investigations can be carried out by the police and offenders brought to justice with the knowledge that their actions will stand up to scrutiny.

Application for a Search Warrant The importance of having access to relevant legislation cannot be stressed enough. As justices who are being called on to authorize search warrants they need to understand and have access to relevant legislation.

Search Warrant Application An application for a search warrant must state the following: (a) the applicant’s name, rank, registered number and station; (b) a description of the place to be searched; (c) for an occupied place, the name of the occupier of the place, if known; Serving JPs and C.decs Throughout Queensland

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QJA State Conference Townsville – Continued (d) the offence, suspected offence or confiscation related activity to which the application relates or, for a forfeiture proceeding, the Act under which the proceeding may be started; (e) a description of the nature of the thing sought that is reasonably suspected of being evidence of the commission of the offence or confiscation related evidence in relation to the confiscation related activity; (f ) information or evidence being relied on to support a reasonable suspicion, evidence of the commission of an offence or the confiscation related evidence is at the place, or is likely to be taken to the place within the next 72 hours; (g) for each search warrant issued in the previous year in relation to the place or a person suspected of being involved in the commission of the offence or suspected offence, or the confiscation related activity, to which the application relates: (i) when and where the warrant was issued; and (ii) the type of offence or confiscation related activity to which the warrant related; and (iii) whether anything was seized under the warrant or a proceeding was started after a search; (h) if authority to exercise any of the following powers is being sought—why it is necessary to exercise the power: (i) power to search anyone found at the place for anything sought under the warrant that can be concealed on the person; (ii) power to search anyone or anything in on or about to board, or be put on, a transport vehicle; (iii) power to take a vehicle to, and search for evidence of the commission of an offence that may be concealed in a vehicle, to a place with appropriate facilities for searching the vehicle. (i) if authority to execute the warrant at night is being sought, why it is necessary to execute the warrant at night; (j) for an application for an order requiring a stated person to give to a police officer stated documents, the name or position of the person to be ordered to produce the documents and a description of the documents the person is to be required to produce.

Please note that the information provided in accordance with the responsibilities code is going to be used in the warrant itself and accords with section 156 relating to what a warrant must contain.

151 Issue of search warrant The issuer may issue a search warrant only if satisfied there are reasonable grounds for suspecting evidence of the commission of an offence or confiscation related evidence: (a) is at the place; or (b) is likely to be taken to the place within the next 72 hours.

This raises three issues: • • •

It is the issuer that must be satisfied; There are reasonable grounds for suspecting; and Evidence of the commission of the offence.

It is irrelevant in the circumstances what the police suspect or believe.

The JP must be satisfied on what is placed before him/her on oath.

Proof is not required however nor should speculation either. You should be looking at where the information has come from and who it has come from. Is the person providing the information likely on the face of it to be in possession of the information? How did the information come to light? Is it third hand information?

Serving JPs and C.decs Throughout Queensland

Note that reasonable suspicion is a minimum standard required, the information given may exceed that but remember the issuing of a warrant is not a forum to be testing the strength of the evidence.

Cross-examination / credibility of witnesses.

Remember if you don’t have all the information you need to determine these issues or there are questions in your mind, ASK. Note/write the information on the application. If the warrant is contested it is going to show how you satisfied yourself to the required standard.

Things to be sought must be able to support evidence of an offence.

These are the items that should be listed in the application.

For example a cloth covered object/firearm: (a) is at the place; or (b) is likely to be taken to the place within the next 72 hours.

You are going to need to consider which of these two options are borne out in the application as this will determine when the warrant will end.

The Warrant The warrant when issued must be a complete document and it must be clear what the limits of that warrant are, and who it relates to.

Whilst you will most likely be presented with a prepared draft warrant containing all the information required at the time you receive an application you need to ensure that everything required is present.

156 What the search warrant must state.

(1) A search warrant must state: (a) a police officer may exercise search warrant powers under the warrant; and (b) if the warrant is issued in relation to: (i) an offence—brief particulars of the offence for which the warrant is issued; or (ii) a forfeiture proceeding—the Act under which the forfeiture proceeding is authorised; or (iii) a confiscation related activity—brief particulars of the activity; and (c) any evidence that may be seized under the warrant; and (d) if the warrant is to be executed at night, the hours when the place may be entered; (e) the day and time the warrant ends.

(2) If the warrant relates to an offence and the offence has been, is being, or may be committed in, on or in relation to a transport vehicle and involves the safety of the vehicle or anyone who may be in or on it, the warrant may also state that a police officer may search anyone or anything in or on, or about to board, or to be put in or on, the vehicle.

(3) If a magistrate or a judge makes an order under section 153 or 154, the warrant must also state that failure, without reasonable excuse, to comply with the order may be dealt with under the Criminal Code, section 205.

155 When search warrant ends.

(1) A search warrant issued because there are reasonable grounds for suspecting there is evidence of the commission of an offence or confiscation related evidence at a place ends 7 days after it is issued.

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QJA State Conference Townsville – Continued (2) A search warrant issued because there are reasonable grounds for suspecting 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.

• Identity cloning (Using another’s information to assume his or her identity in daily life); • Business/commercial identity theft (Using another’s business name to obtain credit).

Remember the courts will be looking for a warrant that clearly sets out the powers that can be exercised and the limits placed upon the warrant so that the police executing the warrant will not be confused as to their authority and the person who it is executed upon can understand the nature of action that is to take place.

Financial Identity theft.

After Lunch, Mr Doug Hull, QJA Vice President spoke on” What is Identity Fraud”. He defined Identity fraud as: • An individual falsely representing him or himself as either another person or a fictitious person to an organisation for some benefit; • This representation is supported by fraudulently obtaining or falsely reproducing identity documents to ensure that any financial reward obtained is unable to be linked with the offender.

The Identity Fraud Threat.

(Some Statistical Evidence from Numbers on the Run) • An estimate that 25% of reported frauds to the Australian Federal Police involve the assumption of false identities.

• A pilot “certificate validation service” conducted by Westpac and the New South Wales Registry of Births, Deaths and Marriages found 13% of birth certificates to be false.

• Centrelink detected around $12 million worth of fraud involving false identity in 1999.

• A survey by KPMG of over 1800 of Australia’s largest businesses found some 11.9% of fraud committed involved the use of false documents.

Likely Cost of Identity Fraud in Australia

(Numbers on the Run) In considering the costs of identity fraud, their report includes the following points: • As stated by the Australian Institute of Criminology, “the figures do not exist” when it comes to considering the significance and cost of identity related fraud; • The AIC estimated in 1996 that the financial and economic costs of crime in Australia were a “minimum of 2.5% of GDP”; • The analysis contained a breakdown of the costs of crime and it was calculated that the category of “fraud, forgery and false pretences” was for approximately 28% of the cost of all crime.

Doug went on to say: • How should government agencies identify people when they issue official documents such as driver’s licences and passports?

• How we prevent identity crime whilst maintaining individual privacy and confidentiality?

We know that identity fraud is not going to go away, that there is a race by both the good and bad guys to use technologies to determine “Who’s who and who is you.”

Identity Theft is Sub-Divided into Four Categories.

• Financial identity theft (Using another’s identity to obtain goods and services); • Criminal identity theft (Posing as another when apprehended for a crime);

A classic example of credit-dependent financial crime (bank fraud) occurs when a criminal obtains a loan by impersonating someone else. This kind of crime is considered non-self-revealing. In most cases the financial identity theft will be reported to the National Consumer Credit Reporting Agency as a collection of bad loans under the impersonated person’s record. The victim may discover the incident by being denied a loan, by seeing the accounts or complaints when they view their own credit history, or by being contacted by creditors or collection agencies.

Criminal Identity theft.

When a criminal identifies himself/herself to police as another individual it is sometimes referred to as “Criminal Identity Theft.”

In some cases the criminal will obtain a state issued ID using stolen documents or personal information belonging to another person, or they might simply use a fake ID.

Identity Cloning and Concealment.

In this situation, a criminal aquires personal identifiers, and then impersonates someone for the purpose of concealment from authorities. This may be done by a person who wants to avoid arrest for crimes, by a person who is working illegally in a foreign country, or by a person who is hiding from creditors or other individuals.

Additionally, the criminal might attempt to obtain fraudulent documents or IDs consistent with the cloned identity to make the impersonation even more convincing and concealed. A variation of identity theft which has recently become more common is “synthetic identity theft”, in which identities are completely or partially fabricated. The most common technique is combining a real social security number with a name and birth date other than the ones associated with the number.

Doug concluded by saying while Federally and various States have laws which deal with different aspects of identity fraud, the average time spent by victims resolving the problem could take around 330 hours, the emotional impact is similar to that of victims of violent crimes.

The next speakers were Customs Officers Rebecca Corrie and Greg Herron. Officer Rebbeca Corrie outlined the role of the Australian Customs Service: • To facilitate the legitimate trade and movement of people and goods across the Australian border; • To protect the community and maintain appropriate compliance with Australian law; • Assist industry through the delivery of Government support measures; and • Collect Customs revenue.

Justice Powers under the Customs Act 1901 Qualified Justices have the power to hear and determine an application for an external body search for persons detained under this Act, issue summons and determine a bail application for a person charged with an offence under this Act. Serving JPs and C.decs Throughout Queensland

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QJA State Conference Townsville – Continued JP (Qual)s do not have the power to authorise an internal search of a person detained under this Act. Under Section 219 L-ZJ of the Customs Act 1901 Customs Officers have the power to detain a person if they are suspected on reasonable grounds of carrying prohibited goods.

Reasonable grounds may include evidence of the subjects travel itinerary, arrival or departure declarations, documents in the subjects possession, any unusual behaviour by the person, contents or appearance of the subjects luggage or results of technology tools used (Detector Dog reaction, drug analysis, X-ray results).

Officer Greg Herron explained that a frisk search is a search of the person by methodical running of hands over the person’s outer garments. There is no direct contact with the subject’s body by the Customs Officer. Examination of anything worn by the subject that may be conveniently removed and is voluntarily removed by the person i.e. shoes.

An external search is a search of the body and anything worn or in possession of the person. It is conducted to determine whether the person is carrying prohibited goods and to remove those goods.

A Customs Officer must apply to a JP for approval to carry out an external search if the subject is in need of protection, such as a child or intellectually impaired adult, mentally ill or if the subject is intoxicated, even if the subject provides permission to the Customs Officer.

When a person is detained pursuant to Section 219, the person is given a notice informing them of their rights, including the right to ask for a JP to adjudicate the application for an external search.

The Role of a JP. The role of the JP is to review the circumstances, talk to all concerned, determine if reasonable grounds exist under the application and determine if the subject is to be searched, detained or released.

When determining an application for an External Body Search, a JP should ask the Customs Officer for Identification, place the Officer under oath or affirmation, read the application and ask any questions of the Customs Officer as necessary and talk to the detainee to establish their level of understanding of what is happening to them.

The JP can then decide whether or not to grant the application.

If a JP believes that reasonable grounds exist, an order to search the subject can be given.

If a JP considers the search is not justified, then an order to release the detainee is made immediately. The decision of the JP is final.

At the conclusion of the speakers, Mr Bob Pilkington and Mr Dimitri Glianos fielded some questions from the floor. Mr Pilkington officially then thanked everyone for attending , Chris Porter and Members of the QJA Townsville Branch for organising the Conference, the Registrar Greg Cuthbert and helpers.

Applications must also be made if the subject refuses to consent to a frisk search or refuses to produce any goods located during a search.

Mr Dimitri Glianos, Deputy Registrar JP Branch talks on the Justice System and the future role of JPs in the community and court system.

Mayor of Townsville City Council Mr Les Tyrell welcoming delegates to Townsville.

The Honourable Mr Justice Cullinane, Supreme Court of Townsville officially opens the State Conference.

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Serving JPs and C.decs Throughout Queensland

Sergeant Mark Lance, Townsville District Domestic Violence and Mental Health Coordinator talks on mental Health and Domestic Violence Issues.

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Ms Adeline Sladden, Deputy Registrar and Ms Leanne Coultard Administrative Officer, Townsville Magistrates Court.

Mr Robert Davie, Principal Guardian, North Queensland Region, outlines issues with EPAs and AHDs.

Sergeant Roger Beal, Townsville Police Prosecutions talks about Search Warrants.

ACJA Becomes International

Mr Doug Hull, Vice President QJA talks about the Future and Fraud.

Customs Officer Rebecca Corrie and Customs Officer Greg Herron who outlined the requirements for a JP in relation to an external search.

The Townsville Branch conference organising team, back row from l to r, Eldon Bryant, Graeme Hunter (Training Officer), Graham Todd (Branch Secretary). Front row, l to r, Robert Johnson, John McQuillan (Branch Treasurer), Chris Porter (Branch Chairman) and Annmaree Luther.

At this year’s meeting of the Australasian Council of Justices Associations, the New Zealand council of New Zealand Justices joined as a member. Representatives from New Zealand have been regular attendees for some years, and this year decided to become full members.

Australian justices associations have welcomed the input from our New Zealand colleagues and have envied the support they receive from their national government. With offices supplied, training costs and other outgoings met; the New Zealand federation receives upward of $600,000 per annum.

The Australasian Council of Justices Association was formed in 1970 as a forum for justices from around Australia to benefit from discussing mutual problems and benefits and working together to help each other. The ACJA carries out a questionnaire every two years and will publish the results soon, on this years exercise.

Discussion took place on the issue raised by the Australian Attorneys-General as to standardizing document signing and suggesting that all member associations make a submission on it. The forum on a national approach to training was also a discussion point. Much more work needs to be done on this subject.

It has been generally considered by the ACJA, over some years, that if there was a standardization of appointment, training and tasks of justices around Australia, there would be created a higher standard and recognition of justices.

Serving JPs and C.decs Throughout Queensland

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Community Forum Held In Toowoomba QJA Toowoomba Branch held a Community Forum on Monday 20/10/08, chaired by Branch President, Mr Peter Boyes. On behalf of members, speakers and guests were welcomed and thanked for attending. Official guests and speakers at the Forum were Qld Attorney General Mr Kerry Shine, QJA Director Ms Marian Vierveyzer, Justice Dept JP Registrar Mr Damien Mealey and Snr Const Rod Sheldon.

Mr Shine thanked the QJA Toowoomba Branch for their invitation to the Forum and described the importance of JPs in thecommunity. JPs are highly respected community members who provide a vital service to the Justice System and community in general. With the need for heightened security in our society, Mr Shine remarked on the necessity for all JPs to maintain a higher level of security in the performance of their duties, particularly in certifying documents relating to identity.

Of course, it is vital to retain a high level of professionalism whenever carrying out duties where you exercise a legal power giving authority for another person to act under law, for example, a police warrant or mental health action. On any single day in Queensland, Mr Shine stated that over 2000 tasks are carried out by JPs. Senior Constable Sheldon began his presentation with the statement that the modern identity theft and fraud is worth more to organised crime than the whole drug trade. In Australia alone, these activities have cost business and private citizens in excess of four billion dollars (yes, that’s $4,000,000,000,000). In 2007, there were more than 500,000 Australian victims of identity theft and fraud.

• Always ensure your home is secure, even when home; • Lock birth certificates, passports etc in a personal safe; • Destroy personal details before discarding documents. This can reduce the risk of ‘dumpster divers’ who retrieve your personal documents from the bin; • Refrain from carrying additional credit cards or unnecessary personal identity on your person and NEVER record PINs on or near cards; • Avoid giving away personal details to anyone you do not intend to give them to. A criminal using the ‘cold call’ method can telephone you, posing as a charity or company giving you a free product or asking you to confirm personal data. If in doubt, ask for their name and number then call them back after getting their number from the phone book. If you are pressured in any way, just hang up!

Mr Mealey personally thanked the Attorney General for his attendance and overall support of all JPs in Qld. Mr Mealey also advised that the JP Advisory Council was to be reformed. This will be an important asset to assist with the future direction of the State’s JPs. QJA Director, Ms Marian Vierveyzer spoke of JP refresher workshops at various venues around the State. Marian reported that the State Conference was an outstanding success. The next State Conference will be held in the Redlands on the 3rd of October, 2009.

A false identity can occur under a number of circumstances. Generally, it can originate from one or more of the following sources: • The creation of a false identity with fake data; • Altering an existing form of identity to create a new identity; • The theft and misuse of another person’s real identity.

It is VITAL that any suspected loss or theft of identity or unauthorised use of credit card be reported to Police and credit provider. This prompt action may assist in limiting the individual’s exposure to financial risk.

In regards to personal computers, if accessing the Internet, unless you subscribe to a security program and other relevant security measures, you may be susceptible to online identity theft.

There are a number of recommended actions an individual can make to secure personal identity:

QJA Strikes Deal with Hertz The QJA has been looking into a number of deals with commercial organisations that will add value to memberships without incurring a cost to the association. Hertz have agreed to partner the QJA to provide car rental services at competitive rates. As a member of the Association, you can take advantage of these rates on their entire range of vehicles. To obtain the discount phone 1800 082 167 for bookings and quote CDP number 1831324 or alternatively book on line at www.hertz.com.au. Have your QJA membership card ready when you collect the vehicle for verification.

Hertz are also offering #1 Club Gold membership FREE. Apply online. Whilst our offer is competitive, it pays to stay in touch with all offerings on the car rental market. At the time of writing, we are in negotiation with a number of other high profile businesses and hope to announce more partnership agreements soon.

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Serving JPs and C.decs Throughout Queensland

From l to r, Damien Mealey, Registrar JP Branch (JAG), Peter Boyes President, QJA Toowoomba Branch, Senior Constable Rod Sheldon, Dimitri Glianos, Deputy Registrar JP Branch (JAG), Marian Vierveyzer, QJA Director.

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Members Questions & Answers (Q.1) A number of our members have recently been contacted by interstate solicitors, who wish to dispute matters such as the definition of the term “Commonwealth Document” and the fact that Queensland JPs can’t sign interstate documents.

(A.1) Solicitors from interstate who wish to dispute matters that are clearly laid out in the handbook and in the Act are effectively seeking legal advice that is not in the realm of the JP to give.

As such, all solicitors should be referred to the Department of Justice and Attorney General if they wish to have such a discussion.

VO LU M E 5 • N U M B E R 4 • S U M M E R 0 8 - 0 9 (Q.2) State Office has fielded a number of questions about what needs to be placed on a document by a Justice for a document to be legally signed. Which combination of Seal of office / signature / qualification / number is required?

(A.2) A (slightly edited) extract from Section 31(1) of the Justices of the Peace and Commissioners for Declarations Act 1991: “A person placing his or her signature on an instrument or document as the holder of the office of Justice of the Peace or Commissioner for Declarations is to insert immediately beneath, beside or close to the signature the imprint of a seal of office issued to the person under this Act with the person’s registered number of office inserted in the space provided; or the prescribed mark of office.”

The mark of office is essentially the qualification. For a JP (Qual) this would be “Justice of the Peace (Qualified)” or “J.P. (Qualified)” or “J.P. (Qual.)”

For a JP (C.Dec) this would be “Justice of the Peace (Commissioner for Declarations)” or “J.P. (C.dec)” For a C.Dec this would “Commissioner for Declarations” or “C.dec” It must be noted that the seal of office is necessary for any summons or warrant issued by a JP (Qual) or for any court document.

(Q.3) I have been approached by a number of employees of a local firm asking for Statutory Declarations to be witnessed for when they were away from work for one or two days and did not present a medical certificate. I though that it was a legislative requirement that a medical certificate was only required if an employee was absent for more than two days, and if so, are these Statutory Declarations lawful documents?

(A.3) The lawfulness of such Statutory Declarations depends upon the conditions of employment under which the employee operates. Whilst there is a legislative requirement for evidence of sick leave to be provided after more than two successive days off, some contracts and certified agreements override this and ask for evidence of sick leave to be produced for any time off. It may be worth quizzing the signatory about their employment conditions before agreeing to witness the document.

We took the question to an industrial lawyer, who added that “If an employee is required to give their employer documentary evidence in relation to sick leave and if it is not reasonably practicable for the employee to provide a medical certificate from a medical practitioner, a statutory declaration stating that the employee was, is, or will be unfit for work during the period because of a personal illness or injury will suffice.”

(Q.4) People keep arriving at my work, expecting me to sign documents on the spot. Can I refuse to sign a document?

(A.4) Being a JP is a voluntary service, so technically you can refuse to sign any document. However it is hoped that you will be courteous and helpful at all times, even though you may not want to be.

No matter where you are, it would be courteous of any member of the public to contact you first to make an appointment for a time that is suitable to you. This should apply whether you are at home or at work, even more so the latter, as people at work are usually expected to be engaged in paid activities that can’t be performed when people walk in expecting documents to be witnessed immediately. Making an appointment also has the advantage of enabling the JP to discuss what documents need to be witnessed and to make sure that the person concerned arrives with all of the correct supporting documentation.

No matter what the situation, you should always refuse to witness documents which are unlawful, vindictive, blasphemous, knowingly false or for which all of the correct supporting documentation (that is required by law) is not available.

(Q.5) On a speeding camera Stat Dec, can the driver of a vehicle nominate him/herself as the driver, even though that person is not the registered owner of the vehicle (recipient of the notice).

(A.5) When self nominating the driver must:

• Ensure they were the actual person in charge of the vehicle involved in the camera detected offence. (Refer to top of this Option for penalties imposed for providing false statutory declarations).

• Insert Full Name and Full Address Details in the top section of the Statutory Declaration.

• Tick the box and supply the car registration number.

Where the Statutory Declaration reads: Person in charge of vehicle registration number.

• Insert Full Name and Full Address Details in the middle section of the Statutory Declaration.

• Insert date of birth

• Insert licence number. This includes Queensland Licence numbers, Interstate Licence numbers and Overseas Licence numbers.

The JP will then witness the stat dec in the usual manner. It must be noted that this is the latest up to date information supplied and may conflict with what is written on page 28 of the JP handbook.

Serving JPs and C.decs Throughout Queensland

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QJA Branch Secretaries & Contact Details BEAUDESERT - VALMAI MACAULAY beaudesert@qja.com.au Telephone: 5544 6460

INNER NORTH BRISBANE– BARRY TODD inb@qja.com.au Telephone: 3354 1098

PROSERPINE/WHITSUNDAY - LORRAINE WATTS proserpine@qja.com.au Telephone: 4947 5187

BUNDABERG – VICTOR DAWSON Bundaberg@qja.com.au Telephone: 0438 103 812

IPSWICH - ROBYN ROBERTSON ipswich@qja.com.au Telephone: 0416 065 888

REDLAND CITY - RAY BURROWS redlandcity@qja.com.au Telephone: 3822 1366

CAIRNS - YVONNE JEX cairns@qja.com.au Telephone: 4057 9070

LOGANHOLME - JOHN BAILEY loganholme@qja.com.au Telephone: 3287 1516

ROCKHAMPTON - JANE COMOLLATTI rockhampton@qja.com.au Telephone: 4926 1659

CALOUNDRA – IRENE WHITE caloundra@qja.com.au Telephone: 5439 7387

LOGAN WEST - KEITH REVELL loganwest@qja.com.au Telephone: 3803 4337

SOUTH PINE - PHYLLIS HALL southpine@qja.com.au Telephone: 3264 4436

FOREST LAKE - ROGER KELLY forestlake@qja.com.au Telephone: 0430 028 601

MACKAY – STATE OFFICE mackay@qja.com.au Telephone: 1800 061 423

TOOWOOMBA - RUTH ROCHE toowoomba@qja.com.au Telephone: 4635 6727

GLADSTONE – JUDITH ROWARTH gladstone@qja.com.au Telephone 4979 4448

MAROOCHYDORE - JUELL BOOTH maroochydore@qja.com.au Telephone: 5445 6825

TOWNSVILLE - GRAHAM TODD townsville@qja.com.au Telephone: 4773 2614

GOLD COAST - MARIA ROSSEEUW goldcoast@qja.com.au Telephone: 5526 3481

MT ISA - MEGAN HOUSDEN mtisa@qja.com.au Telephone: 4749 0623

WESTERN SUBURBS - GRAHAME TAINTON westsubs@qja.com.au Telephone: 3279 0185

GYMPIE – JOCK YDE gympie@qja.com.au Telephone 54826212

NOOSA - MARGARET LEWINS noosa@qja.com.au Telephone: 5471 0617

WYNNUM MANLY - DON HANN wynnummanly@qja.com.au Telephone: 3390 4278

HERVEY BAY - RON JUST herveybay@qja.com.au Telephone: 4128 3628

PACIFIC PlNES - PEARL DRIVER pacificpines@qja.com.au Telephone: 5502 7031 (A/hrs)

contact We encourage you to u. the Branch nearest yo

REFRESHER SEMINAR Logan West branch is hosting a Refresher seminar for all JPs and C.Decs.

All QJA members are invited to attend. The day will revise a range of standard topics encountered by JPs. When: Saturday February 21, 2009

17 High Street Redcliffe PO Box 3029 Clontarf M.D.C. Queensland 4019

Phone: (07) 3283 0100 Fax: (07) 3284 1477

www.jtpress.com.au Email: zoe@jtpress.com.au Mobile: 0411 709 546

Where: C restmead Community Centre, Gimlet Street, Crestmead Q 4132.

Cost $20.00 per person includes all materials as well as lunch, morning and afternoon tea. Please register by sending a cheque or credit card details to: The Treasurer QJA Logan West Branch 31 Heritage Boulevard Heritage Park QLD 4118 For further details please contact Keith Revell on 3803 4337 or 0411 134 841. Or Download a registration form from the downloads section of www.qja.com.au

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Dedicated to

Service

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QJA MERCHANDISE ORDER FORM Item No QJA01 Item No QJA02 QJA01 QJA03 QJA02 QJA04R QJA03 QJA04S QJA04R QJA05R QJA04S QJA05S QJA05R QJA06 QJA05S QJA06P QJA06 QJA06S QJA06P QJA07 QJA06S QJA08 QJA08CD QJA09 QJA08JP QJA10 QJA09 QJA11W QJA10 QJA11B QJA11W QJA13 QJA11B QJA15 QJA12 QJA16 QJA13 QJA17 QJA14 QJA18 QJA15 QJA19R QJA16 QJA19S QJA17 QJA20 QJA18 QJA21 QJA19R QJA22 QJA19S QJA23 QJA20 QJA25 QJA26 QJA21 QJA27 QJA22

QJA MERCHANDISE ORDER FORM Description

Membership Pin Description Red Ink for Stamp Pad Membership Pin QJA Tote Bags Red Ink for Stamp Pad Stamp Rubber Name/JP Type QJA Tote Bags Stamp Self Inking Name/JP Type Stamp Rubber Name/JP Type Stamp Rubber Certified Copy with Name/JP Type Stamp Self Inking Name/JP Type Stamp Self Inking Certified Copy with Name /JP Type Stamp Rubber Certified Copy with Name/JP Type Replacement Membership Card No Photo Stamp Self Inking Certified Copy with Name /JP Type Replacement Membership Card With Photo Replacement Membership Card No Photo Stamp Self Inking – Self Conversion of Seal of Office Replacement Membership Card With Photo Car Sticker C.Dec Stamp Self Inking – Self Conversion of Seal of Office Car Sticker JP(Qual) Car Sticker C.Dec Coffee Mug Car Sticker JP(Qual) Scribble Pads Coffee Mug Name Badge (white background + crest) Magnetic Scribble Pads Name Badge (blue background + crest) Magnetic Magnetic DeluxeName Pen Badge (white background + crest) Magnetic Name Badge (blue background + crest) QJA Cap**Reduced** QJAMens Pen Polo No Pocket (Sizes S,M,L,XL,2XL,3XL,4XL) Deluxe Pen Mens Polo With Pocket (Limited Stock) Fabric Pocket Ladies PoloBadge (Sizes 8, 10, 12, 14, 16, 18, 20) QJARubber Cap Stamp Custom Made Mens Polo No Pocket S,M,L,XL,2XL,3XL,4XL) Self Inking Stamp(Sizes Custom Made Mens Polo With – Pocket (Out of Stock) Wall Plaque Embroidered (Includes Postage) Ladies Polo (Sizes 8, 10, 12, 14, 16, 18, 20) JP(Qual) Manual Rubber Stamp Custom Made C.Dec Manual SelfLog Inking Stamp Custom Made Book WallQJA Plaque Pen- Embroidered QJA Tie JP(Qual) Manual QJA Lanyard with plastic card holder C.Dec Manual

Qty Req Cost

Total Cost

Qty Req

$6.50 Cost $8.50 $6.50 $4.50 $7.50 $27.00 $4.00 $38.50 $25.00 $27.00 $37.50 $38.50 $25.00 $6.60 $37.50 $12.50 $6.60 $27.00 $12.50 $0.80 $25.00 $0.80 $0.75 $8.00 $0.75 $2.00 $7.50 $16.00 $2.00 $16.00 $16.00 $6.00 $16.00 $15.00 $1.00 $30.00 $6.00 $39.50 $9.50 $30.00 $19.50 $27.00 $30.00 $38.50 $35.00 $109.00 $30.00 $15.50 $25.00 $7.80 $37.50 $6.00 $99.00 $1.00 $27.00 $14.90 $4.00 $7.40 $6.00 $6.00

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QJA23 Stickers & JP(Qual) Log Book Postage Fabric Badge $0.50, Stamps $4.50 each QJA24 Other Small C.Dec Log BookLarge or Heavy Items $8.00 Items $3.00, PostageTwo Stickers & Fabric $0.50, Stamps $4.50per each or More LargeBadge or Heavy Items $10.00 order

Other Small Items $3.00, Large or Heavy Items $8.00 Two or More Large or Heavy Items $10.00 per order

Total Cost

–

TOTAL $ TOTAL $

IF ORDERING A STAMP OR NAME BADGE STATE THE NAME AND QUALIFICATION AND /OR DETAILS TO BE INSCRIBED ON THE STAMP/BADGE.

If ordering a polo shirt please indicate size(s):

Delivery details and payment information

(payment must be received before goods sent)

Name: Postal Address: Town / Suburb:

State:

Postcode:

QJA Membership No: Please circle how you will pay – Credit Card – Cheque/Money Order Credit Card payment details – Visa & Mastercard only (AMEX and DINERS are not accepted) Card Number:

/

/

/

Expiry Date:

/

Name on card: Signature: Post to The Registrar, QJA, PO Box 8419, Woolloongabba, Q, 4102

Post to The Registrar, QJA, PO Box 8419, Woolloongabba, Q, 4102 or fax to (07) 3392 2955 or email admin@qja.com.au or fax to (07) 3392 2955 or phone (07) 3392 2455 (1800 061 423) for more information Serving JPs and C.decs Throughout Queensland

15

THE

Q.J.A. JOURNAL

Want Wantto tobecome becomeaaaMarriage Marriage Marriage Celebrant? ge Celebrant?

Want to become Marria Celebrant?

QJA QJA QJA Members Members Members receive receive receive 5% 5% 5% discount. discount. discount.

Funeral, Funeral, Funeral, Naming, Naming, Naming, Renewal Renewal Renewal ofof of Vows ofVows Vows Vows &&& Commitment &Commitment Commitment Commitment courses courses courses also also also available. available. available.

QJA Members receive 5% discount.

Funeral, Naming, Renewal courses also available.

QJA Members receive 5% discount.

Funeral, Naming, Renewal of Vows & Commitment courses also available.

Ever Ever Ever wanted wanted wanted toto to know toknow know know how how how toto to become tobecome become become a aMarriage a Marriage Marriage Ever wanted how Ever wanted to know how to become aaMarriage Marriage Celebrant Celebrant Celebrant inin in Australia? inAustralia?

Australia?

Australia?

Would Would Would you you you like like like toto to try totry try try somesomesomeCelebrant Would you like someCelebrant in Australia?

Would you like to try something thing thing different different different and and and provide provide provide a avaluable a valuable valuable service service service toto to atoaa thing different and provide service thing different and provide aavaluable valuable service to aa range range range of of people? of people? people?

The The The Attorney-General's Attorney-General's Attorney-General's Department Department Department range of people?

The Attorney-General's Department range of people? The Attorney-General's Department isisis responsible isresponsible responsible responsible forfor for for the the the administration administration administration ofof of the ofthe the the CommonCommonCommonthe administration Commonis responsible for the administration of the Commonwealth wealth wealth Marriage Marriage Marriage Act Act Act 1961.

1961.

1961.

The The The Marriage Marriage Marriage Celebrants Celebrants Celebrants wealth Marriage Act 1961.

The Marriage Celebrants wealth Marriage Act 1961. The Marriage Celebrants Program Program Program was was was established established established inin in 1973. in1973.

1973.

1973.

It Itenables It enables enables the the the apapapProgram was established the apProgram was established in 1973.

ItItenables enables the appointment pointment pointment of of suitably of suitably suitably qualified qualified qualified people people people to to perform to perform perform marmarmarpointment of suitably qualified people to perform marpointment of suitably qualified people to perform marriages, riages, riages, providing providing providing couples couples couples with with with a ameaningful aameaningful meaningful meaningful alternaalternaalternariages, providing couples with alternariages, providing couples with a meaningful alternative tive tive toto to Registry toRegistry Registry Registry Office Office Office and and and mainstream mainstream mainstream church church church wedwedwedtive Office and mainstream church wedtive to Registry Office and mainstream church weddings. dings. dings.

The The The Department Department Department also also also authorises authorises authorises Marriage Marriage Marriage dings.

The Department also authorises Marriage dings.

The Department also authorises Marriage Celebrants Celebrants Celebrants who who who dodo do do not not not belong belong belong toto to atoarecognised a recognised recognised dededeCelebrants who not belong deCelebrants who do not belong to aarecognised recognised denomination. nomination. nomination. nomination. nomination.

Once Once Once appointed, appointed, appointed, Marriage Marriage Marriage Celebrants Celebrants Celebrants can can can perform perform perform Once appointed, Marriage Celebrants can perform Once appointed, Marriage Celebrants can perform ceremonies ceremonies ceremonies inin in any inany any any state state state ofof of Australia. ofAustralia.

Australia.

Australia.

One One One requirerequirerequireceremonies state One requireceremonies in any state of Australia.

One requirement ment ment toto to be tobe be be considered considered considered asas as as a aMarriage aaMarriage Marriage Marriage Celebrant Celebrant Celebrant inin inin ment considered Celebrant ment to be considered as a Marriage Celebrant in Australia, Australia, Australia, isisis for isfor for for a acandidate a candidate candidate toto to have tohave have have successfully successfully successfully Australia, successfully Australia, is for aacandidate candidate to have successfully completed completed completed nationally nationally nationally recognised recognised recognised training training training for for for the the the completed nationally recognised training for the completed nationally recognised training for the course course course unit unit unit CHCMCEL401A CHCMCEL401A CHCMCEL401A (Plan, (Plan, (Plan, conduct conduct conduct and and and course unit CHCMCEL401A (Plan, conduct and course unit CHCMCEL401A (Plan, conduct and review review review a marriage a a marriage marriage ceremony). ceremony). ceremony).

The The The Academy Academy Academy of of review a marriage ceremony).

The Academy of review a marriage ceremony). The Academy ofof Celebrancy Celebrancy Celebrancy Australia Australia Australia provides provides provides the the the necessary necessary necessary nationnationnationCelebrancy Australia provides the necessary nationCelebrancy Australia provides the necessary nationally ally ally recognised recognised recognised course course course and and and Statement Statement Statement ofof of Attainment ofAttainment Attainment Attainment ally recognised course and Statement ally recognised course and Statement of Attainment onon on on completion completion completion that that that isisis is aisarequirement aarequirement requirement requirement byby by the bythe the the AttorneyAttorneyAttorneycompletion that Attorneyon completion that a requirement by the AttorneyGeneral’s General’s General’s department department department inin in considering inconsidering considering considering registration registration registration ofof of General’s department registration General’s department in considering registration ofof anan an an aspiring aspiring aspiring Marriage Marriage Marriage Celebrant.

Celebrant.

Celebrant.

The The The Academy Academy Academy of of of aspiring Marriage Celebrant.

The Academy of an aspiring Marriage Celebrant. The Academy of Celebrancy Celebrancy Celebrancy Australia Australia Australia believes believes believes inin in ethical, inethical, ethical, ethical, skilful skilful skilful and and and Celebrancy Australia believes skilful and Celebrancy Australia believes in ethical, skilful and compassionate compassionate compassionate Marriage Marriage Marriage Celebrants.

Celebrants.

Celebrants. compassionate Marriage Celebrants. compassionate Marriage Celebrants.

Complete Complete Complete the the the mandatory mandatory mandatory training training training atat at at home home home inin inin Complete the mandatory training home Complete the mandatory training at home in your your your own own own time time time for for for just just just $435. $435. $435. your own time for just $435. your own time for just $435.

Alternatively Alternatively Alternatively attend attend the the the next next next Brisbane Brisbane Brisbane oror or or Gold Gold Gold Alternatively attend the next Brisbane Gold Alternativelyattend attend the next Brisbane or Gold Coast Coast Coast class class class for for for just just just $880 $880 $880 ($250 ($250 ($250 to to to enrol, enrol, enrol, the the the Coast Coast class class for for just just $880 $880 ($250 ($250 to to enrol, enrol, the the rest rest rest prior prior prior toto to to beginning). beginning). beginning).

Our Our Our courses courses courses run run run for for for 555 rest prior beginning).

Our courses run for rest prior to beginning).

Our courses run for 55 days days days on on on weekends. weekends. weekends.

Funeral Funeral Funeral &&& && Naming Naming Naming courses courses courses days on weekends.

Funeral Naming courses days on weekends.

Funeral Naming courses also also also available. available. available.

QJA QJA QJA members members members get get get 5% 5% 5% discount. discount. discount. also also available. available. QJA QJA members members get get 5% 5% discount. discount.

HOW HOW HOW TO TO TO ENROL ENROL ENROL HOW TO ENROL HOW TO ENROL

This This This course course course can can can bebe be be completed completed completed byby by by distance distance distance education education education This course can completed distance education This course can be completed by distance education for for for just just just $435.00 $435.00 $435.00 atat at your atyour your your own own own pace pace pace and and and inin in the inthe the the comcomcomfor just $435.00 own pace and comfor just $435.00 at your own pace and in the comfort fort fort ofof of your ofyour your your own own own home home home oror or in orin in aina5 aa5day 55day day day class class class program. program. program. fort own home class program. fort of your own home or in a 5 day class program.

We We We believe believe believe education education education should should should bebe be be available available available toto to all toall all at allat at aataa We believe education should available We believe education should be available to all at aa fair fair fair price, price, price, and and and that that that assisting assisting assisting extremely extremely extremely high high high quality quality quality fair price, and that assisting extremely high quality fair price, and that assisting extremely high quality celebrant’s celebrant’s celebrant’s from from from becoming becoming becoming skilled skilled skilled and and and practicing practicing practicing inin inin celebrant’s from becoming skilled and practicing celebrant’s from becoming skilled and practicing in our our our community community community should should should not not not be be be a aa costly acostly costly costly exercise. exercise. exercise. our community should not be exercise. our community should not be a costly exercise.

Please Please Please note: note: note: Completing Completing Completing the the the required required required course course course does does does Please note: Completing the required course does Please note: Completing the required course does not not not guarantee guarantee guarantee automatic automatic automatic acceptance acceptance acceptance asas as a asaMarriage a Marriage Marriage not guarantee automatic acceptance not guarantee automatic acceptance as aaMarriage Marriage Celebrant.

Celebrant.

Celebrant.

There There There are are are some some some other other other requirements requirements requirements (see (see (see Celebrant.

There are some other requirements (see Celebrant.

There are some other requirements (see http://www.celebrancy.edu.au/mcp.asp) http://www.celebrancy.edu.au/mcp.asp) http://www.celebrancy.edu.au/mcp.asp) set set set byby by by the the the http://www.celebrancy.edu.au/mcp.asp) set the http://www.celebrancy.edu.au/mcp.asp) set by the Attorney-General’s Attorney-General’s Attorney-General’s Marriage Marriage Marriage Celebrants Celebrants Celebrants Section Section Section Attorney-General’s Marriage Celebrants Section Attorney-General’s Marriage Celebrants Section which which which are are are covered covered covered inin in the inthe the the course, course, course, and and and some some some areas areas areas which are covered course, and some areas which are covered in the course, and some areas have have have waiting waiting waiting lists lists lists of of up of up up to to 2007/2008. to 2007/2008.

2007/2008.

Visit Visit Visit have waiting lists of up to 2007/2008.

Visit have waiting lists of up to 2007/2008. Visit www.celebrancy.edu.au www.celebrancy.edu.au www.celebrancy.edu.au for for for more more more details. details. details. www.celebrancy.edu.au for more details. www.celebrancy.edu.au for more details.

QJA QJA QJA OFFER OFFER ENROLMENT ENROLMENT ENROLMENT FORM FORM FORM Q JAOFFER OFFER ENROLMENT FORM QJA OFFER ENROLMENT FORM

Date Date Date ofof of Birth: ofBirth: Birth: Birth: Name: Name: 1:1: 1: By 1:By By By completing completing completing this this this enrolenrolenrol-Name: Date Name: completing this enrolDate of Birth: Name: 1: By completing this enrolment ment ment form, form, form, and and and faxing faxing faxing toto toto ment form, and faxing ment form, and faxing to Address: Address: 1800 1800 1800 079 079 079 983 983 983 oror or by orby by mail. bymail. mail. mail. Address: Address: 1800 079 983 Address: 1800 079 983 or by mail.

Suburb: Suburb: Suburb: Suburb: State: State: State: Postcode: Postcode: Postcode: Suburb: State: Postcode: State: Postcode: atat oror or 2: or2: 2: Securely 2:Securely Securely Securely online, online, nonline, line,atatat oonline, or 2: Securely AH: AH: AH: Mobile: Mobile: Mobile: Phone Phone Phone BH: BH: BH: AH: Mobile: Phone BH: www.celebrancy.edu.au www.celebrancy.edu.au www.celebrancy.edu.au www.celebranc y.edu.au AH: Mobile: Phone BH: www.celebrancy.edu.au Email: Email: Email: Sex Sex Sex M/F: M/F: M/F: Email: Sex M/F: Sex M/F: oror or 3: or3: 3: By 3:By By By calling calling calling us. us. us.

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We also have have have extended extended extended hours! hours! hours! have Course: Course: Course: CHCMCEL401A CHCMCEL401A CHCMCEL401A bybby Distance Distance oror or or Classroom Classroom Classroom ) ))) ) haveextended extendedhours! hours!

Course: CHCMCEL401A Distance Classroom y(by((( ( Distance Course: CHCMCEL401A by Distance or Classroom Payment Payment Payment Visa/Mastercard Visa/Mastercard Visa/Mastercard (preferred (preferred (preferred forfor for for instant instant instant enrolment) enrolment) enrolment) oror or Payment Visa/Mastercard (preferred instant enrolment) Payment Visa/Mastercard (preferred for instant enrolment) oror Phone: Phone: Phone: 1800 1800 1800 079 079 079 801 801 801 Method: Phone: 1800 079 801 Phone: 1800 079 801 Method: Method: Method: Cheque Cheque Cheque sent sent sent to to National to National National Office Office Office or or or Method: Cheque sent to National Office or Cheque sent to National Office or Fax: Fax: Fax: 1800 1800 1800 079 079 079 983 983 983 Fax: 1800 079 983 Fax: 1800 079 983 Direct Direct Direct Deposit Deposit Deposit into into ANZ ANZ ANZ BANK BANK BANK 013433 013433 013433 496851174 496851174 496851174 Direct De into ANZ BANK 013433 496851174 positinto Direct Deposit into ANZ BANK 013433 496851174 Address: Address: Address: PO PO PO BOX BOX BOX 368 368 368 Address: PO BOX 368 Address: PO BOX 368 Flinders Flinders Flinders Lane Lane Lane VIC VIC VIC 8009 8009 8009 Flinders FlindersLane LaneVIC VIC8009 8009

16

Serving JPs and C.decs Throughout Queensland

AA A CC C AA A DD D EEE MM M M YY Y AA CC AA DD EE M YY OO O FOFC FFCC C ECEL EELE LLEB EEBB B RBRR R ARAA A NAN N CNCC C YCYY YY O F E L E N AAA A UA U SU SS TT R AR A LA LL II AA U ST TR RR AA LIL IA AA U S T I www.celebrancy.edu.au www.celebrancy.edu.au www.celebrancy.edu.au www.celebranc y.edu.au www.celebrancy.edu.au