Vol 6 no 2 winter 09

VOLUME 6 r NUMBER 2 r WINTER 09

QJA - ESTABLISHED IN 1918

INSIDE THIS ISSUE

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PRESIDENT’S LETTER NEWS IN BRIEF

5

ROLL OF HONOUR New Members & Vale

6

NEWS IN BRIEF CONTINUED

7

QJA MAROOCHYDORE REFRESHER WORKSHOP

8

QJA CAIRNS REFRESHER WORKSHOP

9

CHILDRENS COURT ACT 1992 Childrens Court Rules 1997 Affidavits

11

MEMBERS QUESTIONS & ANSWERS

12

REVISION FOR YOU Land Title Forms

13

QJA DIRECTOR NOMINATION FORM

14

BRANCH CONTACTS UNIFORM CIVIL PROCEDURE RULES

Official Magazine of the Queensland Justices Association

QJA MAROOCHYDORE BRANCH REFRESHER WORKSHOP

105 JPs and C.Decs attended the Maroochydore Refresher Workshop at the Millwell Road Community Centre, Saturday 14th March, 2009.

QJA CAIRNS BRANCH REFRESHER WORKSHOP

1999 Affidavits

15

MERCHANDISE

16

INFORMATION ABOUT QJA

43 JPs and C.Decs attended the Cairns Refresher Workshop at the Catalina Room, Cairns RSL Club, Saturday March 28 2009.

Serving JPs & C.decs throughout Queensland

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(AH)

Printed by Zink Group, 48 Butterfly Drive, Kallangur. Phone 0404 082231

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Serving JPs & C.Decs throughout Queensland

VOLUME 6 r NUMBER 2 r winter 09

President’s Report Ladies and Gentlemen, Over the past six months, the JP Branch of the Department of Justice and Attorney General has been making it known, in both private discussions with the QJA and in public forums, of its desire to be the sole training provider for all new Justices of the Peace (Qualified) in Queensland. The QJA has been involved in the training of new justices for some years and the Board of Directors has sought feedback from branches and members regarding their thoughts on whether we should relinquish training. The feedback received has clearly indicated that the QJA has a role to play in the provision of JP training, both present and future, and as such we will be continuing with that role.

The QJA is committed to initiatives that ensure high quality training of Justices of the Peace occurs throughout the state and that as many as possible receive this training. On the basis of this commitment, the QJA Board considers the following points influential to the JP Training debate: 1. The QJA believes that, based on past exam results, our students receive a quality of training equivalent to or greater than those of other students on a state wide basis.

2. The QJA has a large number of experienced practitioners located across the state with training qualifications. These people are best placed to deliver such training and can do it in the most cost effective way.

3. The QJA offers courses at different times and on different days to the JP Branch.

4. The QJA can offer courses to small groups giving more flexibility on cost, delivery times and places.

The QJA is committed to high quality training of new and sworn Justices.

The Department of Justice and Attorney General has recently raised the bar in the quality of JP training by establishing itself as a Registered Training Organisation (RTO). This ensures that all prospective JPs who choose to undergo training complete an accredited course, the outcome of which is the award of a nationally recognised Statement of Attainment.

To ensure that our training remains of the highest standard, the QJA has been looking at matching that standard. As such, we have taken the decision to also gain accreditation as a Registered Training Organisation.

The registration and audit process to become a RTO has already been

undertaken and we have been given approval by the regulatory authorities (Department of Education and Training) to proceed with training under the new structure.

Becoming a Registered Training Organisation places extensive requirements on the QJA with respect to the meeting of appropriate national training standards and these requirements will force us to make some changes to operations. We are now in a position to inform you of some of these changes, the most important of which are: 1. All JP (Qual) training courses will in future be taught using a common syllabus document that emphasizes competency-based assessment.

The course is 39215QLD - Course in Preparation for Justice of Peace (Qualified).

2. All items that assess competency of students will be identical across the state.

3. Trainers will have a small additional administrative workload relating to the assessment of competency.

4. Administration/record keeping of all training courses is being centralised to the QJA State Office.

5. The Statement of Attainment issued to students successfully completing our course will also bear the Nationally Recognised Training Logo under the Australian Qualifications Framework.

The Department of Justice and Attorney General has been advised of our RTO registration and the reaction has been underwhelming. To this end, the Board of Directors has requested a meeting with the Director General of the Department of Justice and Attorney General, to discuss a number of issues.

It is the belief of the Board of Directors that by becoming a RTO, we will be looked upon as a premier trainer of JPs in Queensland. We look forward to working collaboratively with all branches and with the Department to ensure that training for all new JPs is of a consistently high standard.

Bob Pilkington President

State Conference Organisation is well under way for the annual QJA State Conference, which will be held at the Performing Arts Annexe, Cleveland, Redland City on Saturday 3rd October. This date has been set and members are encouraged to begin making arrangements for the weekend. The conference registration form will appear on the QJA website from mid August. The focus will be to provide members with affordable professional development experience and the opportunity to meet fellow justices in a convivial atmosphere. The organising committee (QJA Redland City Branch) will be approaching keynote speakers for the day. On the Saturday night, an optional dinner will be arranged at the Cleveland RSL. Details will be posted on the QJA web site www.qja. com.au as they come to hand

ADVERTISERS NEEDED for QJA JOURNAL EXPRESSIONS OF INTEREST One quarter page, half page and full page spaces are available at a reasonable price. Advertisements can be in black and white or in colour.

If you are interested in placing an advertisement in the QJA Journal, please contact the QJA Registrar on telephone 3392 2455 or Email admin@qja.com.au.

Serving JPs & C.Decs throughout Queensland

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News in Brief Board Elections At the Annual General Meeting to be held on November 14th, 2009, all members of the Board of Directors are required, as per the QJA Constitution, to step down and an election will be undertaken to appoint a new Board – consisting of a President, three Vice Presidents and six Directors. It must be noted that this year, the current President, Mr Bob Pilkington, will not be able to seek re-election as President as required

by Section 15.1 of the QJA Constitution, as he has completed two consecutive terms of office.

the option of providing a photograph and a resume of not more than 200 words. These will be included in the Spring edition of the QJA Journal, which will also contain the ballot papers.

All QJA members are invited to nominate for the upcoming Board elections, with the following restrictions:

P.A. (Pat) Tiley

(1) A member is not eligible for nomination to the Board unless they have been a financial member for at least 12 months (section 15.4 of the QJA Constitution).

(2) A member is not eligible for nomination as President unless they have been a Director for at least 12 months (section 15.2 of the QJA Constitution).

(3) Associate Members are not able to be appointed to the board, nor are they able to vote (excluded by section 6.7 of the QJA Constitution).

(4) Eligible Members may nominate for more than one office but can only be elected to hold one position (section 15.9 of the QJA Constitution).

There is a considerable amount of responsibility involved with a board position, as successful candidates are registered as Company Directors with ASIC. Expectations of the job include attendance at monthly board meetings (by teleconference if from regional Queensland), attendance at major QJA events (including the State Conference and a selection of refresher days) as well as some branch mentoring and some sub committee work. Whilst the position is not a paid one, reasonable expenses are paid to cover the costs of performing these duties.

The QJA Constitution does not specify qualifications or requirements of potential directors, however any or all of the following may be advantageous qualities of a potential director: • Extensive practical experience as a JP. • Active QJA branch membership.

• A legal, training, business, IT or management background.

• A commitment to the aims and values of the QJA. • An understanding of a director’s role in corporate governance, financial management and strategic planning.

• Access to email and the ability to check it daily.

• Good people skills to liaise with new and existing members.

If you wish to nominate for the elections, a form is included in this journal. Under section 15.8 of the QJA Constitution, nominations to the Board must to be signed by the nominee, a proposer and a seconder, all of whom must be financial members of the Association. Nominees have

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Serving JPs & C.Decs throughout Queensland

All nominations must reach the QJA State Office by 4pm on Friday 14th August, 2009.

Vale Past QJA President 1995 to 1997 It is with sadness that we are advised that Pat Tiley has passed away at the age of 84 years.

Widely known as one of the QJA’s most energetic State Board Members since 1990, Pat has been a champion of the Association’s Branches concept and had travelled widely to represent State Council at local meetings.

A JP (Qual), Pat first became a Justice of the Peace in South Australia after resettling from Britain. He was born and raised in Portsmouth, England and joined the Royal Navy at 16. He saw World War II service, as a navy air pilot, in both the Mediterranean and Indian Ocean theatres of war, flying off British aircraft carriers and, for a time, off the deck of the famous US carrier, Saratoga.

After the war, while based in Northern Ireland with the RN, Pat started night school classes towards a degree in electrical engineering and at age 30, he won a scholarship that enabled him to complete fulltime degree studies at Queens University in Belfast.

He was “scouted” by Australia’s Postmaster-General’s Department (Telecom and Australia Post) and resettled in Perth, where he spent some three years.

Next came appointment as PMG’s engineer in charge of the Northern Territory, before re-posting in Adelaide. After a total of 13 years with the PMG, Pat moved to private industry and into senior management positions, at times managing operations in Victoria and South Australia from his Adelaide Base.

He and his wife, Edna, a keen artist and naturalist, had been eyeing Queensland as their retirement-life preference and moved to the Sunshine Coast’s Coolum. For years Pat had been involved heavily in local community activities, from Meals on Wheels and the local Progress and Ratepayers Association to youth affairs.

Pat was elected as President of the Queensland Justices & Community Legal Officer’s Association at the 1994 Annual General Election and served in that position until 1997. He will be gratefully remembered as the man who gave much of his time and at personal expense, guided the Association through its difficult times during the 1990’s to become what is now known as the Queensland Justices Association.

VOLUME 6 r NUMBER 2 r winter 09

ROLL OF HONOUR WELCOME TO NEW MEMBERS RP

Aberg

S

Carroll

VA

The Following have joined the Association since the Autumn 2008/09 Journal

Fowler

WM

Jakeman

BA

Newman

RA

Sayer

G

Adeli

FG

Chambers

SJ

Frail

P

James

J

Noakes

PJ

Schmidt

BA

Aisthorpe

LA

Chevez

J

Fraser

MS

Jamieson

B

O’Connor

MJ

Shone

B

Alexander

LG

Christie

D

Fredericks

M

Johnson

F

O’Dea

KW

Silsby

GA

Allen

LJ

Clarke

C

Gabriel

MN

Jones

WJ

O’Donnell

C

Silva

KJ

Armitage

AE

Cooper

VS

Gaines

CM

Karas

KJ

Osborne

MJ

Smith

C

Bailey

GA

Crabbe

JJ

Garner

DA

Kelly

OS

Otter

SD

Smith

JP

Bailey

MJ

Crothers

WP

Geddes

JR

Kerr

SM

Parr

SR

Smith

F

Baker

GA

Dabelstein

NL

Gollagher

WJ

Kerr

PA

Pascoe

BW

Snow

KL

Ball

DS

Daniel

L

Goodrich

GW

King

SL

Patch

GG

Stapley

CM

Baretta

J

Das Gupta

CW

Gordon

SD

King

DM

Paynter

TP

Steele

LJ

Barker

KP

Davies

AK

Govind

DW

Lacko

MG

Peluchetti

DM

Stratton

JC

Barltrop

MA

Davies

G

Grant

CL

Lamerton

CJ

Penfold

JH

Thessman

FM

Barty

PA

Davies

RL

Green

S J M Landers

TL

Perrin

RG

Thompson

DS

Beckwith

J

Davy

SR

Gregor

CK

Lee

TL

Peterson

A

Thomson

GK

Bickell

GR

Dawson

NM

Guthrig

JC

Lenoy

LG

Pink

RJ

Toomey

DJ

Bidstrup

L

Dinnie

KA

Hall

AR

Lewis

KS

Pitt

TH

Tsai

B

Black

CA

Doherty

RD

Hammond

TJ

Lyall

K

Profke

G

Underwood

D

Booth

JE

Drinkwater

T

Hanson

JR

Macartney

R

Prout

EE

Usher

CH

Bosel

H

Druett

B

Harris

SM

Macartney

BRS

Ramsay

SJ

Ussher

US

Braddon

ML

Druett

G

Haughey

K

Matthews

MA

Ray

PM

Verdel

MA

Brooker

T

Dugdale

LF

Heaton

DL

McDonald

SF

Reid

GJ

Walker

McHugh

SL

Budby

DH

Dumas

BO

Hely

AA

J

Burke

H

Duncan

JA

Heuchan

L E A McKellar

AE

Richardson

G

Watson

JF

Richardson

J

Watson

TC

Burnet

J

Dvoracsek

CT

Hicks

KA

McKenzie

SL

Richford

M

Watt

JM

Burt

DA

Elder

MD

Hilton

SE

McLeod

J

Ritchie

P

Weigand

JA

Calvert

LG

Eldridge

KM

Hodgson

SJ

McNamara

CM

Roberts

TL

Whidborne

PJ

Campbell

DM

Evans

LA

Holley

LJ

Melville

J

Robertson

RA

White

D

Candy

KY

Falkingham

LA

Hope

PM

Melville

SA

Robinson

PJ

White

HY

Cao

I

Fenton

KH

Hunt

MM

Mott

MA

Sandell

MJ

Wickenden

CT

Carmody

K

Foster

CB

Impey

C

Mullet

DJ

Sands

VALE

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

Gwenda Kleinhanss

Enid Collins

John Cheney

Robert Pedley

Willem Van Den Heuvel

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, JP Branch on telephone (07) 3259 6098 or 1300 301 147 or email jp@justice.qld.gov.au.

NOTICE In the Autumn Journal on Page 9, under the heading of District Health Service Contacts, please be aware that a number of the contacts listed are no longer valid. The Department of Health has advised that if members need to contact regional health officers they should ring the regional area hospital switchboard. Editor.

Cairns Refresher Workshop, Detective Sergeant Nathan Porter and QJA Director Yvonne Jex. Serving JPs & C.Decs throughout Queensland

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NEWS IN BRIEF CONTINUED Membership Fees Renewal Membership fees are due for renewal on 1st July 2009. The Payment options available will be the same as last year. These include: • Use of a 1300 Credit Card Phone Line

Coolum Library’s JP Service Welcomed by Residents

• Credit Card payment using a secure internet site • Payment at Australia Post Outlets • B-Pay from a cheque or savings account • Payment by direct deposit or internet banking Personal cheques are also accepted, but it is easier for the staff at state office if you pay using one of the above methods. The fees for 2009/2010 are: Regular Member Concession Joint

$49.20 $37.20 $60.00

There are a number of matters that need to be noted with the system: • A renewal invoice should be included with this journal. If you are reading this article, then you must have received the invoice, as the address portion of the invoice shows in the window face of the envelope; • The top half of the form is your tax invoice and receipt. You should write your receipt number on the invoice if you used one of the electronic methods. If you require a separate receipt, please post a stamped self addressed envelope to PO Box 8419, Woolloongabba, Qld, 4102 and request same; • When paying using direct deposit or internet banking, it is imperative that the reference number that we ask to be quoted is entered with the payment. As a backup, it is asked that everybody paying by internet banking contact State Office (preferably by email) to advise us that your payment has been made. Please quote your invoice number when doing so.

• If paying by credit card, it is preferred that you use either the 1300 phone number or the secure internet site. Sending us a credit card number by fax or post poses an unnecessary security risk for the cardholder.

Left to right, Barry Griffiths, Graham Muspratt, Isobell McConnell (President of the Noosa QJA Branch), and Anne-Maree Bligh with Finnish resident Katra.

A brand new service at Coolum Library has residents rejoicing and community residents and community Justices of the Peace enjoying a higher profile.

JPs have just become that little bit more accessible with the opening of a new signing centre. Every Wednesday of the month Coolum Library will have at least two JPs available from 9.30am until 12.00noon.

“We started off operating every second Wednesday but demand is now such that we need to operate every week” said Isobell McConnell QJA Noosa Branch President. “There are five regional JPs available in the area, and we will all be taking turns serving the community on those days.”

Well Known Lions member Barry Griffiths qualified as a JP (Qual) in November and was on hand at the first signing day. “I just feel like I’m giving something back to the community.” He said. “It’s a pleasant environment to work in and the public are very grateful.”

Rockhampton Refresher Workshop

Change of Address Because the QJA contracts out the addressing, enveloping and posting of journals to an external company, there is often a time lag between the period when a member advises of a change of postal address and when the change makes it onto the journal mailing list. All changes of address must be received before the 15th of the month prior to journal publication to ensure that the journal is delivered to the right place.

This means that with normal publication months being March, June, September and December, all changes of address must be submitted to State Office by the 15th of February, May, August and November to ensure correct delivery. Members are asked to continue to advise us of changes of email address, as this is becoming a very important form of communication to members.

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Serving JPs & C.Decs throughout Queensland

Left to right, Lance Watson, Lorraine McConachy, Raymond Young OAM and Jane Comollatti with their new banner. 39 people attended the day with Lance Watson, Mr James Holden from Water Resources and a police officer giving up to date information. Jane Comollatti, Lorraine McConachy and Lance Watson organised the day.

VOLUME 6 r NUMBER 2 r winter 09

QJA Redland City Branch Moves into New Area at Capalaba Park Shopping Centre

Lisa Shaw, Department of Justice and Attorney General, JP Branch talks on JP matters.

Left to right, John Graham, Garth Bell (Centre Manager), Allan Tennent (QJA Redland City Branch Chairman), Spencer Sutton and George Dodds. The Centre Manager opens up the new Signing Centre for its first day of operation in the new office.

Mackay Branch

David McKenzie, Australian Electoral Commission gave a brief presentation on the area where JPs could provide an active role with the commission by providing electoral forms to clients for return to the commission with change of address details.

Left to right, Carmelo Pasquale, Branch Chairperson, Laura Jorgensen, Treasurer and Raymond Young OAM, QJA Director.

QJA Maroochydore Refresher Workshop

Greg Cuthbert, QJA Registrar gave an informed power point presentation on JP witnessed documentation that included traffic infringement notices.

Sunshine Coast Regional Council, Councillor Chris Thompson opening the Refresher Workshop.

Marian Hall, Office of the Public Trustee gave an informative talk on wills, outlining the requirements that the Public Trustee Office would like wills to be adhered to for a smooth execution of the will process without cause for any dispute.

Serving JPs & C.Decs throughout Queensland

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Officer Sorbraty outlined the principles of the new look Customs which is to manage the security and integrity of Australia’s border and to facilitate the movement of legitimate travellers and goods; and to collect border related taxes.

Clair Endicott, Deputy President, Guardianship Administration Tribunal, spoke on Adult Guardian matters when they are disputed and gave a well received presentation on Enduring Power of Attorney documents and the responsibility taken on to sign as witness to a statement of understanding.

Sam Deen, Manager, Nambour Titles Registration Office, Department of Natural Resources, spoke on the subject of Land Title Documents and the necessary identification required to be provided before documents are witnessed.

He also described the circumstances under which an incoming passenger would be required to undergo a “frisk search”, external body scan or an internal search. Of the 23.6 million international air passengers processed in 2007-2008, very few passengers were searched. Incoming passengers were not searched on a random basis, but were selected by their behaviour or from canine response to luggage.

Customs and Border Protection and the role of the Justice in the process was explained relative to the Customs Act 1901, Section 219Q, Detention for External Search and Customs Act 1901, Section 219ZL (4A).

QJA Director, Marian Vierveyzer spoke on Land Title Documents. With approximately one million registered titles transferred in 2007-2008 and valued at approximately $122 billion, 60% of these transfers are witnessed by JPs and C.Decs. It was worth discussing the opportunity for fraud in the process and this exposes the State to compensation.

Discussion also ensued about appropriate identification and what was reasonable when photo identification was not available. The discussion turned to what the meaning of “reasonable” was.

Bob Pilkington, QJA President spoke about Search and Arrest Warrants.

Later Bob, Greg Cuthbert and QJA Director Dave Read conducted a workshop for members.

QJA Cairns Refresher Workshop

Detective Sergeant Nathan Porter explained the purpose of search warrants, the difference when items were suspected of being on the premises and when the items were on the premises. He outlined the time a warrant commences and the time it ceases explaining the timing of a seven day warrant (commencing immediately and ceasing at midnight on the seventh full day).

Officer Phil Sobraty, Australian Customs spoke about the role of Customs which has undergone a name change. They are now called “The Australian Customs and Border Protection Service.”

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Serving JPs & C.Decs throughout Queensland

It was stated that the timing of a seventy-two hour search warrant was when goods were expected to be on the premises, commencing immediately and ceasing seventy-two hours exactly from the time the application was signed.

VOLUME 6 r NUMBER 2 r winter 09 Sergeant Porter also explained the importance of checking the details of the application and warrant and asking enough questions to satisfy the Justice that the warrant was necessary.

Senior Sergeant Anthony Kirkham outlined the many different relationships involved when talking about Domestic Violence. He also explained the difficulties surrounding these and other orders under the Domestic and Family Violence Protection Act 1989, reprinted as in force on 25th November 2008, Reprint No. 5b.

Shervin Tambrchi, Cairns Solicitor talked about Wills, General Powers of Attorney and Enduring Powers of Attorney. He explained some of the many reasons why having a will takes the pressure off of the loved ones left behind.

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.

CHILDRENS COURT ACT 1992 CHILDRENS COURT RULES 1997 Reprinted as in force on 2 June 2000

PART 3 AFFIDAVITS 7 Contents of affidavit Rhonda Methven, Mental Health, Department of Health discussed the important steps for issuing an Advanced Health Directive, the role of the treating doctor in this process and the Justices Examination Order.

She also explained what happens to the person who is removed for an assessment and the circumstances that complicate the serving of the JEO.

(1) An affidavit must state only facts of which the person making it has knowledge.

(2) However, an affidavit may contain statements based on information and belief if the person making it states the sources of the information and the grounds for the belief.

Serving JPs & C.Decs throughout Queensland

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CHILDRENS COURT ACT 1992 - CHILDRENS COURT RULES 1997 CONTINUED 8 Form of affidavit (1) An affidavit must be in the approved form.

(2) A note must be written on an affidavit stating the name of the person making it and the name of the party on whose behalf it is filed.

(d) be signed by the persons making it in the presence of the person authorised to take the affidavit; and (e) then be signed by the person before whom the affidavit was taken, above a statement of the capacity of the person to take the affidavit; and

(3) An affidavit must be made in the first person. (f) otherwise be as in the approved form.

(4) An affidavit must describe the person making it and state the person’s residential or business address or place of employment.

(5) The body of an affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.

41 Who may take affidavits See the Oaths Act 1867, Section 41 which Provides – (1) A person’s affidavit may be taken by any of the following persons without a commission being issued for the purpose—

(6) Each page of an affidavit must be numbered.

(a) a justice, commissioner for declarations or notary public under the law of the State, the Commonwealth or another State;

9 Swearing or affirming affidavit

(b) a lawyer;

(1) The person making an affidavit and the person taking the affidavit must sign each page of the affidavit.

(c) a conveyancer, or another person authorised to administer an oath, under the law of the State, the Commonwealth or another State.

(2) Subrule (3) applies if— (a) the affidavit is made by 1 person; or

10 Certificate of reading or signature for person making affidavit

(b) although the affidavit is made by 2 or more persons, both or all of the persons are not swearing or affirming the affidavit at the same time before the same person.

(1) If the person taking an affidavit considers that the person making it is incapable of reading the affidavit, the person taking the affidavit must certify in or below the jurat4 that—

(3) A statement (the jurat) must be placed at the end of the body of the affidavit and must— (a) state the full name of the person making the affidavit before the person taking it; and (b) state whether the affidavit was sworn or affirmed; and (c) state the day and the place the person made the affidavit; and (d) be signed by the person making it in the presence of the person authorised to take the affidavit; and

(a) the affidavit was read or otherwise communicated in the person’s presence to the person making it; and (b) the person seemed to understand the affidavit; and (c) the person signified that the person made the affidavit.

(2) If the person taking an affidavit considers that the person making it is physically incapable of signing it, the person taking the affidavit must certify in or below the jurat that— (a) the affidavit was read or otherwise communicated in the person’s presence to the person making it; and (b) the person seemed to understand the affidavit; and

(e) then be signed by the person before whom the affidavit was taken, above a statement of the capacity of the person to take the affidavit; and (f) otherwise be as in the approved form.

Example of the capacity mentioned in paragraph (e) — Solicitor.

(4) If the affidavit is made by 2 or more persons, 2 or more of whom are swearing or affirming the affidavit at the same time before the same person, then, in addition to any statement under sub-rule (3), a statement (the jurat) must be placed at the end of the body of the affidavit and must— (a) state the full name of the persons making the affidavit before the person taking it; and (b) state, for each of the persons making the affidavit, whether the affidavit was sworn or affirmed; and (c) state the day and the place both or all the persons made the affidavit; and

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Serving JPs & C.Decs throughout Queensland

(c) the person signified that the person made the affidavit.

(3) If an affidavit is made by a person who is incapable of reading the affidavit or physically incapable of signing the affidavit and a certificate under sub-rule (1) or (2) does not appear on the affidavit, the affidavit may be used in a proceeding only if the court is satisfied that— (a) the affidavit was read or otherwise communicated to the person making it; and (b) the person seemed to understand it; and (c) the person signified that the person made the affidavit.

11 Alterations (1) This rule applies if there is an alteration in any part of an affidavit.

(2) The affidavit may be filed but, unless the court orders otherwise, may only be used if the person who makes the affidavit and the person who takes the affidavit initials the alteration.

VOLUME 6 r NUMBER 2 r winter 09 (3) In this rule— alteration includes an inter-lineation, erasure or other alteration of the affidavit.

12 Exhibits (1) An original document used with and mentioned in an affidavit is an exhibit.

(2) An original thing used with and mentioned in an affidavit may be an exhibit, if practicable.

the date the person is required for examination.

(3) If an affidavit to be relied on at a hearing is served on a party less than 2 business days before the hearing, the person who made the affidavit must attend the court to be available for crossexamination unless the party otherwise agrees.

(4) If the person who made the affidavit does not attend the court in compliance with the notice or sub-rule (3), the court may refuse to receive the affidavit into evidence.

(5) However, the court may—

(3) A group of different documents may form 1 exhibit.

(4) If it is impracticable to exhibit the original of a document used with and mentioned in an affidavit, a copy of the document may be an exhibit to the affidavit.

(a) dispense with the attendance for cross-examination of a person making an affidavit; and (b) direct that an affidavit be used without the person making the affidavit being cross-examined in relation to the affidavit.

(5) An exhibit to an affidavit must— (a) have a letter, number or other identifying mark on it; and (b) be bound with the affidavit, if practicable.

(6) An exhibit must have a certificate in the approved form on it or attached to it.

(7) The certificate must be signed by the person who made the affidavit and the person who took the affidavit.

(8) However, if an affidavit is taken under rule 10, only the person who took the affidavit must sign the certificate.

13 Irregularity (1) An affidavit may, unless the court orders otherwise, be filed despite an irregularity in form, including a failure to use the approved form.

(2) An affidavit may, with the leave of the court, be used despite an irregularity in form and the affidavit must have on it a memorandum by the court or the registrar of the court that it was used by leave.

(3) An affidavit used under sub-rule (2) is afterwards taken as a regular affidavit.

(6) Unless the court orders otherwise, a party who serves a notice under sub-rule (2) for the person who made an affidavit to attend the court is not liable to pay the expenses of the attendance.

17 Scandal and oppression If there is scandalous or oppressive matter in an affidavit, the court may order that— (a) the affidavit be removed from the file; or (b) the affidavit be removed from the file and destroyed; or (c) the scandalous or oppressive matter in the affidavit be struck out.

18 Affidavit taken before party The court may not receive, and a party may not file, an affidavit taken by a party personally.

Jurat: (jur-at) Latin for “been Sworn”, the portion of an affidavit in which a person has sworn/affirmed that the contents of his/her written statement are true, filled in by a JP or C.Dec with the date, name of person swearing/affirming, the place where this took place, and the name before whom the oath/affirmation was made.

14 Filing Unless the court gives leave, an affidavit may be used in a proceeding only if it has been filed.

15 Service (1) As soon as practicable after an affidavit has been filed, the party on whose behalf the affidavit is filed must serve a copy of the affidavit on any other party to the proceeding.

(2) The court may, at any time, give leave to a party to use an affidavit that has not been served or that was served later than the time specified in sub-rule (1).

16 Examination of person making affidavit (1) If an affidavit is to be relied on at a hearing, the court may order the person making it to be examined and cross-examined before the court and may order the person to attend the court for the purpose.

(2) If an affidavit to be relied on at a hearing is served on a party more than 1 business day before the hearing and the party wishes the person who made the affidavit to attend the court for crossexamination, the party must serve a notice to that effect on the party on whose behalf the affidavit is filed at least 1 business day before

MEMBERS QUESTIONS AND ANSWERS (Q.1) A. When recently presented with land title documents for witnessing, the title details on the rates notice presented did not match the details on the form 1 (transfer form) as two of the numbers were switched around the wrong way. What should I do?

(Q.1) B. When witnessing some land transfer documents recently, the spelling of the name of the person on the form 1 was slightly different to that provided on the drivers licence that was presented. What is the procedure here?

(A.1) A & B. In both these cases, it is not possible for the JP to determine which is right, the evidence provided by the deponent or the information on the land title document. As such, you should refuse to witness the documents and advise that they be returned to the solicitor for resolution.

(Q.2) I have received a jury duty notice and a few here at work are saying that as a JP Qualified I am exempt from sitting on the jury.

Is this correct?

Serving JPs & C.Decs throughout Queensland

11

(A.2). Under the Jury Act 1995 (Qld), there is no provision exempting a JP or a C.Dec from sitting on a jury.

(Q.3). As a JP, we often have to warn a declarant of the penalties for making a false declaration. Can you direct me to where in law I can find what the penalty for this is?

It would then follow that the certification for all of the pages except for the last page of the document would be: This is to certify that this is a true and complete copy of the corresponding page of the original document, which I have sighted ………………………………..Date And the final page:

(A.3). The penalties for making a false declaration are listed in section 194 of the Criminal Code Act 1899 (Qld). It states (1) A person who makes a declaration that the person knows is false in a material particular, whether or not the person is permitted or required by law to make the declaration, before a person authorised by law to take or receive declarations, commits a misdemeanour. Maximum penalty—3 years imprisonment.

(2) In this section— declaration includes a statement and an affidavit.

(Q.4). Can my certified copy stamp be used with black ink?

(A.4). There is not a specified ink colour for a certified copy stamp. The self inking versions of the stamp that we sell at the QJA come with black ink as standard. There are however, specified ink colours relating to the use of the seal of office. These are C.Dec – Black

This is to certify that this is a true and complete copy of the original document, which I have sighted ………………………………..Date ……….

The QJA now stocks self inking stamps that state this wording, details can be found on the merchandise order form page 15.

There has been a lot of confusion regarding the variety of stamps sold by the QJA, both rubber and self inking. An easy to follow guide has been produced and this can be downloaded from the QJA web page www.qja. com.au and select the merchandise link.

(Q.7). Queensland legislation often states the value of a fine in legislation as a certain number of penalty units. What is the value of a penalty unit?

(A.7). The answer to this is found in section 5(1) of the Penalties and Sentences Act 1992 (Qld). Currently the value is $100 for all offences outlined in all Queensland acts.

JP(Qual) – Red JP (Mags Court) – Blue.

(Q.5). A person came to me with a copy of a superannuation beneficiary form and a copy of a will. The superannuation form left the proceeds of the fund to the person concerned, whereas the will allocated superannuation proceeds to four other persons. To whom will the proceeds be directed?

(A.5). This is a legal matter and anything said by a JP would constitute legal advice. The person concerned should be referred to a solicitor.

Members working at Runaway Bay JP Signing Centre. From left to right, Noeleen Lowndes, Lyn Brown, Pam Nelson and Pam Stellem at rear.

(Q.6). I believe that the certification of true copy of an EPA is slightly different to a standard certified true copy. What are the differences?

(A.6). For Powers of Attorney, the certification has to be a little different compared to a normal certified copy. The reason for this is that section 45 of the Powers of Attorney Act 1998 specifies a required type of certification. The act states: Proof of enduring document (1) An enduring document may be proved by a copy of the enduring document certified under this section.

(2) Each page, other than the last page, of the copy must be certified to the effect that the copy is a true and complete copy of the corresponding page of the original.

(3) The last page of the copy must be certified to the effect that the copy is a true and complete copy of the original.

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Serving JPs & C.Decs throughout Queensland

REVISION FOR YOU! Land Title Forms 1 and 2 Confirming identity and entitlement To confirm the signatory’s identity, you might sight valid current proof of identity. A current photo type driver’s license showing a signature, a photo type credit card or a current passport are usually the most reliable.

To confirm the person’s entitlement to sign the document in circumstances where they claim to be the registered owner of the property, for example, as the transferor (vendor or seller) in a Form 1 -Transfer, or as the mortgagor in Form 2 –Mortgage it is prudent to sight either: • a Certificate of Title (if one exists); • a current Title Search; • a current Local Government Rates Notice.

VOLUME 6 r NUMBER 2 r winter 09

To The Returning Officer QJA I .........……………………………………………….. (QJA Member Number ) hereby nominate ….……………………for the position of President, Vice President, Director (cross out which do not apply) at the Annual General Meeting of Queensland Justices Association to be held on Saturday November 14, 2009 at 10.00am.

Signature of Proposer ………………………………………… Date ….. / …… /…….

I .………………………………………………….. (QJA Member Number ) hereby second the nomination for .......................................………………………… for the position of President, Vice President, Director (cross out which do not apply) at the Annual General Meeting of Queensland Justices Association to be held on Saturday November 14, 2009 at 10.00am.

Signature of Seconder ………………………………………… Date ….. / …… /…….

I …….........……………………………………….. (QJA Member Number ) hereby accept the nomination for the position of President, Vice President, Director (Cross out which do not apply) at the Annual General Meeting of Queensland Justices Association to be held on Saturday November 14, 2009 at 10.00am.

Signed…………………………………………….

……. /…. /…….

Return to By mail to - QJA, PO Box 8419, Woolloongabba 4102 By fax to - 07 3392 2955 Or email to – admin@qja.com.au By 4pm Friday 14th August, 2009 Notes from Constitution 15.1 The President is elected every two years. The President cannot hold office as President for more than two consecutive terms.

15.2 A Member is not eligible for nomination as President unless they have been a Director for at least 12 months.

15.4 A Member is not eligible for nomination to the Board unless they have been a financial member for at least 12 months.

15.9 Eligible Members may nominate for more than one office but can only be elected to hold one position 15.10 Nominations may be accompanied by a brief résumé of not more 200 words and this résumé will be included with the ballot paper sent to Members.

Serving JPs & C.Decs throughout Queensland

13

QJA BRANCH SECRETARIES & CONTACT DETAILS BEAUDESERT - VALMAI MACAULAY

INNER NTH BRISBANE - BARRY TODD

PROSERPINE/WHITSUNDAY - LORRAINE

beaudesert@qja.com.au

inb@qja.com.au

WATTS

Telephone: 5544 6460

Telephone: 3354 1098

proserpine@qja.com.au

BUNDABERG – VICTOR DAWSON

IPSWICH - ROBYN ROBERTSON

bundaberg@qja.com.au

ipswich@qja.com.au

REDLAND CITY - RAY BURROWS

Telephone: 0416 065 888

redlandcity@qja.com.au

Telephone: 0438 103 812 CAIRNS - YVONNE JEX

LOGANHOLME - JOHN BAILEY

cairns@qja.com.au

loganholme@qja.com.au

CALOUNDRA – IRENE WHITE

Telephone: 3287 1516

caloundra@qja.com.au

LOGAN WEST - KEITH REVELL

Telephone: 5439 7387

loganwest@qja.com.au

FOREST LAKE - TONY SAHAMA

Telephone: 3803 4337

rockhampton@qja.com.au Telephone: 4926 1659 SOUTH PINE - PHYLLIS HALL southpine@qja.com.au Telephone: 3264 4436

MACKAY – CARMELO PASQUALE

Telephone: 0412 453 433

mackay@qja.com.au

GLADSTONE – JUDITH ROWARTH gladstone@qja.com.au

Telephone: 4635 6727

maroochydore@qja.com.au GOLD COAST - JUDITH NOVAK

Telephone: 4773 2614

MT ISA - MEGAN HOUSDEN mtisa@qja.com.au

GYMPIE – JOCK YDE Telephone 5482 6212 HERVEY BAY - RON JUST hervey@qja.com.au

WESTERN SUBURBS GRAHAME TAINTON

Telephone: 4749 0623

gympie@qja.com.au

TOWNSVILLE - ANNEMAREE LUTHER townsville@qja.com.au

Telephone: 5445 3260

goldcoast@qja.com.au Telephone:5526 3481

TOOWOOMBA - RUTH ROCHE toowoomba@qja.com.au

Telephone: 4942 4608 MAROOCHYDORE - BRUCE LITTLE

Telephone 4979 4448

Telephone: 3822 1366 ROCKHAMPTON - JANE COMOLLATTI

Telephone: 4057 9070

forestlake@qja.com.au

Telephone: 4947 5187

westsubs@qja.com.au

NOOSA - MARGARET LEWINS

Telephone: 3279 0185

noosa@qja.com.au

WYNNUM MANLY - DON HANN

Telephone: 5471 0617

wynnummanly@qja.com.au

Telephone: 4128 3628

Telephone: 3390 4278

We encourage you to contact the Branch nearest you.

The QJA has recently fielded a large number of enquiries regarding the format of an affidavit. The following is an extract from the

sign each page of the affidavit.

(2) Subrule (3) applies if

Uniform Civil Procedure Rules 1999 (Qld), Chapter 11 Evidence Part 7 Affidavits

(a) the affidavit is made by 1 person; or

431 Form of affidavit (1) An affidavit must be in the approved form.

(b) although the affidavit is made by 2 or more persons, both or all of the persons are not swearing or affirming the affidavit at the same time before the same person.

(2) A note must be written on an affidavit stating the name of the person making it and the name of the party on whose behalf it is filed.

(3) A statement (the jurat) must be placed at the end of the body of the affidavit and must:

(3) An affidavit must be made in the first person.

(a) state the full name of the person making the affidavit before the person taking it; and

(4) An affidavit must describe the person making it and state the person’s residential or business address or place of employment.

(b) state whether the, affidavit was sworn or affirmed; and

(5) The body of an affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far, as possible confined to a distinct portion of the subject.

(c) state the day and the place the person made the affidavit; and

(6) Each page of an affidavit must be numbered.

(e) then be signed by the person before whom the affidavit was taken, above a statement of the capacity of the person to take the affidavit.

(d) be signed by the person making it in the presence of the person authorised to take the affidavit; and

432 Swearing or affirming affidavit (1) The person making an affidavit and the person taking the affidavit must

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Serving JPs & C.Decs throughout Queensland

Reprint 6A rv effective 11 December 2008

VOLUME 6 r NUMBER 2 r winter 09

QJA MERCHANDISE ORDER FORM ITEM NO DESCRIPTION

QTY REQ

COST

QJA01

Membership Pin

QJA03

QJA Tote Bags

QJA04R

Stamp Rubber Name/JP Type

$27.00

QJA04S

Stamp Self Inking Name/JP Type

$38.50

QJA05R

Stamp Rubber Certified Copy with Name/JP Type

$27.00

QJA05S

Stamp Self Inking Certified Copy with Name /JP Type

$38.50

QJA06

Replacement Membership Card No Photo

QJA06P

Replacement Membership Card With Photo

$12.50

QJA06S

Stamp Self Inking – Self Conversion of Seal of Office

$29.00

QJA07

Car Sticker C.Dec

$0.80

QJA08

Car Sticker JP(Qual)

$0.80

QJA09

Coffee Mug

$8.00

QJA10

Scribble Pads

QJA11W

Magnetic Name Badge (white background + crest)

$16.00

QJA11B

Magnetic Name Badge (blue background + crest)

$16.00

QJA13

Deluxe Pen

QJA15

QJA Cap

$15.00

QJA16

Mens Polo No Pocket (Sizes S,M,L,XL,2XL,3XL,4XL)

$30.00

QJA17

Mens Polo With Pocket (Limited Stock)

$39.50

QJA18

Ladies Polo (Sizes 8, 10, 12, 14, 16, 18, 20)

$30.00

QJA19R

Rubber Stamp Custom Made

$27.00

QJA19S

Self Inking Stamp Custom Made

$38.50

QJA20

Wall Plaque – Embroidered (Includes Postage)

QJA21

JP (Qual) Manual

QJA22

C.Dec Manual

$7.80

QJA23

Log Book

$6.00

QJA25

QJA Pen

$1.00

QJA26

QJA Tie

$27.00

QJA27

QJA Lanyard with plastic card holder

QJA28

Stamp Self Ink Certified Copy EPA All pages except last

$38.50

QJA29

Stamp Self Ink Certified Copy EPA last page

$38.50

TOTAL COST

$6.50 $4.50

$6.60

$2.00

$6.00

$109.00 $15.50

$4.00

Postage Stickers & Fabric Badge $0.50, Stamps $4.50 each Other Small Items $3.00, Large or Heavy Items $8.00 Two or More Large or Heavy Items $10.00 per order

TOTAL

$

IF ORDERING A STAMP OR NAME BADGE STATE THE NAME & QUALIFICATION & /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 Are 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 or fax to (07) 3392 2955 or email admin@qja.com.au Serving JPs & C.Decs throughout Queensland

15

INFORMATION ABOUT THE QJA The Queensland Justices Association is a public company limited by guarantee. It operates under the laws set down by the Australian Securities and Investments Commission (ASIC). The QJA Constitution lists the objects of the Association as being to • Encourage high ethical standards of conduct of members in performing their Office.

• 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.

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

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

own areas, particularly in the way of local professional development and operation of signing facilities.

The QJA State Office does provide by-laws and procedures relating to the operation of branches but it is the branch itself that determines what activities and development that it needs. Branches meet a minimum six times a year and members are encouraged to attend, so as to gain the maximum outcomes from what the QJA offers its members. If, for example, a branch meets six times a year, five of the meetings may be addressed by guests who can speak on topics relevant to the work carried out by JPs and C.Decs and the final event may be a social one. Members are encouraged to contact their local branch secretary to find out what is happening in their area. The Board encourages members to form branches in their local area and it will provide assistance in developing branches. Groups of five or more members considering forming a branch should make contact with State Office for further details.

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

• Promote fellowship and goodwill between the members.

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

The 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, as well as a free membership pin, membership card (with photo if required) and membership certificate. The State Office will also answer any questions you have about your JP Duties during office hours (8.30am-4.30pm). It is always important to have your membership details handy. After hours, you can seek the same service by leaving a message on our answering facility or by telephoning one of the directors, whose contact numbers appear at the front of this journal. Membership fees are our major source of income. QJA also provides at minimal cost a range of merchandise to assist JPs and C.Decs in carrying out their duties.

The QJA provides training courses primarily for persons wishing to become JPs and those wishing to upgrade their qualifications to a JP (Qual). Our annual State Conference is designed to update members on their duties. We also conduct refresher seminars across the state on a regular basis for a small fee. Members are subsidised for these to an amount that is considered reasonable and financially responsible, given the affairs of the Association.

The QJA assists to meet members’ needs through the development and maintenance of a branch system throughout the State. The fundamental role of the branch system is for members to manage their needs in their 16

Serving JPs & C.Decs throughout Queensland

It is vital that you continue to support the QJA so that we can support you. If you have any suggestions on any matter pertaining to the Association, please take time to write to the Board of Directors so the QJA can be responsive to the wishes of members.