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ROLL OF HONOUR
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Members should note that the Roll of Honour recognises the length of Membership of the QJA. Members wishing to receive the official distinguished service certificate as a Justice of the Peace for the State of Queensland should contact their local State Member of Parliament.
The Board wishes to acknowledge the long service given by the following Members.
60 Years QJA Membership
William Dethlefs
50 Years QJA Membership
Graham Andrews Stanley Dorey Joseph Frendo Arthur Loveday Barry McCarthy Anthony Simmonds Jack Webster
40 Years QJA Membership
Gary Bielby Reginald Breakwell Doris Crerar Gail Davis Brent Demnar Thomas Gloste Bogdan Kochout Terry Marsh Douglas McAully Paul Parker Peter Peirano Georgina Pickers Lloyd Priddle Arthur Simpson Peter Wildin Trevor Wolff Michele Yarrow
25 Years QJA Membership
Helen Aldridge Timothy Barclay Thomas Blyth Jeanette Bostock Simon Bullimore Janet Cole Alan Cook Angela Dogao Randall Dunsdon Brian Flanders Lawrence Fox David Hayden Noel Hosking Pamela Hosking Andrea Krook Robert Macintosh Colleen Mackintosh Carol Mills Ruth O’ Neill Robert Platz John Purcell Leonard Reidlinger George Robinson John Rogers Jody Rossner Lorraine Schafer Mark Sheldon Linda Smith Karen Sorenson Sandie-Maree Subloo Robyn Tesch Jennifer Ward Russell Wilson Ann Wood
Welcome to New Members The following have joined the QJA since the last Journal:
Carol Alback Joshua Anderson Lisa Axam Gayle Bailey Sonia Baker Kayne Ballard Shilpa Banerjee Lauraine Barlow Lisa Bartlett Elise Baumann Eva Beard Shannon Bell Kylie Bellamy Stephen Berwick Johannes Beurskens Gregory Bird Louise Birnzwejg Tracey Blair Kyle Bowden Kim Brauer Laura Brazier Lauren Brennan Linda Bretherton William Bristow Loretta Browne Ann Brownshaw Kuot Elijah Buol Jocelyn Burke Michelle Burkett Wesley Bust Christine Button William Cachia Alexis Carew Caitlin Carter Debbie-Sue Casey Maree Clancy Gavin Clark Kimberley Clements Alana Colefax Rebecca Collard Sarah Conroy Grace Cooke Colin Anthony Cox Holly Cox Jacqueline Cox Stephen Cripps Brittany Cruickshank Helena Dalton-Bridges Parikshit Dalvi Charmaine DiLegge Sonali Doshi Shyann Doyle Prianjali DSouza James Duffy Jamie Dunne Abbey Durnan Sara Edge Reshma Elder Blake Ericksen Teagan Etheve Graham Evans Stephen Evans Christina Fawkes Brayden Fearby Michelle Ferro Kerri Franks Ngadine Gasmier Loretta Gaudron Sandy Gill Keith Hamilton Deborah Harley Katherine Hirst Hanzel Hizola Jessie Hodder Kimberley Holmes Kathleen Hoy Kenneth Hunt Mandy Hunter Benjamin Irving Samantha Isdale Michael Jackman Simon Jackson Ashleigh Jaremyn Leonie Jenkins Courtney Jenner Danella Jones Cassandra Jorgensen Manoj Jose Lukose Peter Jubb Simranjeet Kaur Ann Kennedy Elizabeth Kennedy Cynthia Khin-Latt Thomas Kozlowski Kym Kropp Andrew Laurens Keith Lawrence Natalie Leung Setha Lingam Phillip Lubowicz Molly Lyall Laura MacColl Lara Manuel-Isaacs Kim Matthews Garry Matthias Rebecca Matthias Leanne McBride Tahlia McCulla Hilary McKenzie Mason McKenzie Stephen mcnally Jaclyn McPherson Donald McTaggart Kathryn Mehonoshen Anna Meyer Kiah Mietzel Wendy Minty Lenelle Mogg Abdirahman Mohamud Lauren Mullins Emily Murray Sheralee Newman Monique Newton Kayla Neylon Kylie Nilsson Paul Niven Benjamin OBrien Michael O’Brien Robert OGorman Megan Paige Dannielle Peckett Naminda Peiris Benjamin Phan Brianna Phillips Abbey Pilgrim Jonathan Pinto Deanna Pringle Elizabeth Redmond Daniel Rennie Allan Rhodes Daniel Roberts Demi Roberts David Robertson Ondria Rodger Elanor Rowbotham Tiela Rowbotham Alison Samuels John Sanderson Tammara Saunders Lisette Schulz Merrill Schwab Nicole Schwartz Phillip Sellick Roslyn Sharp Andrea Shaw Amandeep Singh Gail Smith Lea Smith Rachel Smith Robert Smith Rebecca Spencer Katrina Sperling De-Arn Spies Joy Spratt Adrian Squires Kylie Street Ainsley Taylor Monique Taylor Kirsten Tydings Catherine Uhlmann Kelly Voyka Randell Waddell Karen Walker Chris Waters Ava Watson Simone Watson Callum West Ben Whell Kathleen Whitelock Kylie Williamson Helen Willson Amy Wilson Yan Xie Albert Yuen Kang Zheng
Q&A
Q1 When I was witnessing a statutory declaration, the client insisted on divulging the content of the declaration, which included some unpleasant remarks and accusations about another person.
After witnessing the declaration, the client went on to tell me about problems he was having with the person referred to in the declaration.
I became concerned that he may have made a false declaration and was in fact seeking some of revenge on this person. I reminded him of the warning I had given about penalties for making a false statement.
My concern is that if the person referred to in the declaration needed to challenge the client’s statement and it turns out that the statement is false and malicious can I be held liable for witnessing a false declaration?
A1 The Justices of the Peace and Commissioners for
Declarations Act 1991 makes provisions to protect
JPs and Cdecs in the performance of the functions of the office. Section 36 of the Act states: action is not to be brought against a justice of the peace or commissioner for declarations in respect of anything done or omitted to be done in, or purportedly in, the performance of the functions of office. However, the protection under the Act does not apply if the JP or Cdec carries out an act that they know is not authorised by law or does something maliciously and without reasonable cause.
As you have stated that you warned the client about making a false statement before witnessing his signature, it appears that you have carried out your duties and obligations appropriately and should be afforded protection under the act. However, it should be noted that this response is opinion only and is not legal advice. The QJA’s honorary Lawyers, Hall Payne Lawyers, are available to assist our Members with legal matters should you require legal advice.
Q2 When providing my services as a JP (qual) many people are surprised to hear that the service is free of charge and in fact that I am unable to take any kind of reward for my services.
When I was volunteering at my local signing centre last week, one client tried to insist that
I should charge a fee. What is your advice in regard to approaches like this?
A2 As you rightly say JPs and Cdecs provide a voluntary service, and accepting any form of remuneration for providing your services would be in breach of section 35 of the Justices of Peace and Commissioners for
Declarations Act 1991 which states, “A Justice of the Peace or Commissioner for Declarations is not to seek or receive, directly or indirectly, any reward in connection with the performance of the functions of the office.”
If you are pressed by a client to accept a reward, for example, money, for your services, you need to be polite, but very firm in your response and inform the client that you perform your duties as a community service and that you would be breaking the law if you accept their money.
Q3 A client presented me with a document for certification. He had a printed version of the original document which was in Spanish. The document was a form which he had to submit to a foreign government annually which required him to enter his name and contact details,
However, the copy he presented was an English version of the completed form.
I advised him that I was not able to certify it as it was not a copy of the original. I told him that I was not able to perform the duties of an interpreter.
The client stated that other JPs had always done this for him in the past and he was not happy that I was refusing to certify the document. Do you have any advice about how this should be recorded in my logbook.
A3 It is recommended that you include the standard details such as: • date witnessed • name of deponent • proof of identification sighted • type of document witnessed and, on this occasion the reasons for refusing to certify the document. Suffice to say that the document you were asked to certify was not a true copy of the original as it had been translated.
Q4 I was confronted with an unusual situation the other day when a couple came to have their civil partnership documents witnessed.
However, one partner had undergone sexual reassignment and no longer identified with the gender on her birth certificate. How do you manage this?
A4 It is the responsibility of the client to provide the JP or Cdec with the appropriate documents for them to fulfil their witnessing responsibilities. A person who has undergone sexual reassignment surgery should apply to the Registrar-General to have their sex reassigned, so that a new document can be issued.
Reassignment of sex is recognised by completing form 6, an application to note a reassignment of sex in the birth register. The application must be lodged with the registry accompanied by statutory
declarations by two doctors verifying that the applicant has undergone the surgery.
Q5 If a client wants to amendment an affidavit for the family law court prior to submitting it to the court, do they have to start again or can it be resworn.
A5 Sometimes the affidavit that has been previously sworn and witnessed is later altered or corrected for mistakes, or further information or evidence is added.
In such as case the document can be re-sworn. This is done using the usual practice for swearing an affidavit.
Once it is re-sworn you should write the following in the area below the original certification and place your seal of office and registration number in the vicinity:
Re-sworn/Re-affirmed by the Deponent at ……….
On the day of …………….. 20…
Before me ……………………..
Qualification………………..
Q6 Can you explain the purpose of the Oath of
Service for a summons.
A6 A summons is a document issued to a person telling them that they must appear in court. A summons has three (3) sections: • the complaint • the summons • the Oath of Service
Section 1, the complaint, lists the reasons for the summons
Section 2 is the actual summons based upon the information contained in section 1 and is served on the defendant, (the person who is the subject of the complaint)
After the summons has been served on the defendant, the person who served it needs to demonstrate to the court that it has in fact been served. This is done by completing section 3, the Oath of Service. Once completed, the Oath of Service is lodged with the court.
Your role in completing the Oath of Service is to identify the person and place them under oath or affirmation then witness them signing the document in front of you.
Q7 Is it alright to include that I am a JP on my professional business cards or should I have separate cards?
A7 The title Justice of the Peace or Commissioner for
Declarations should only be used when you are acting as a JP or Cdec. However, it is accepted practice to include that you are a JP or Cdec on your business cards.
The post-nominals of JP or Cdec should be placed last on your business card after any professional or academic qualifications. This will raise awareness that you are available to provide JP services.
Q8 I was approached by a mother and daughter who had prepared a ‘to whom it may concern’ letter.
The letter outlined that the mother had lent the daughter the sum of $500 and that the daughter agreed to pay the money back over the next two years.
I was asked to witness their signatures and
‘stamp’ the letter. What should I do in this circumstance?
A8 You should explain to the clients that a ‘to whom it may concern’ letter would not carry any additional legal weight if you were to witness their signatures and place your seal on the document. However, you are not prohibited from doing so.
A better approach might be to ask the clients if they have considered using a statutory declaration. You could explain how it carries legal weight as it is made under the Oaths Act 1867 and that it may be more suited to their purpose.
Q9 I have been approached by Police Officers to authorise search warrants and have done so when I am satisfied that the warrant is justified.
But I have been told that the search warrant should not include searching for electronically stored information such as that on a mobile phone. Doesn’t this hinder the police from doing their job if they have to find a Magistrate or Judge to do this?
A9 While it may appear that way, the authority to search for electronically stored information must be granted by a Magistrate or Judge in accordance with section 154 of the Police Powers and Responsibilities Act 2000. If such a warrant is presented to you, you should refuse to authorise it.
If you were to authorise such a warrant it would be invalid as it is outside you legislated responsibilities, and any information obtained would not be permissible in court.
If you do refuse to authorise a warrant you should draw a line through it and write ‘Rejected” on it and include the reason for the rejection. This will prevent the Police Officer from presenting the warrant to another JP to authorise.
Q10From time to time I am presented with alreadysigned statutory declarations. What is the best way to deal with this?
A10This is quite common as many people are unfamiliar with the role of the JP and some think that the JP is approving the form as opposed to witnessing the deponent’s signature.
In this situation, explain that it is your obligation to see the person sign the document in your presence after they have declared that the information in the statutory declaration is true and correct to the best of their knowledge.
The existing signature should be crossed out and initialed by yourself and the deponent and the deponent should re-sign in your presence.
