VOLUME 11 • NUMBER 1 • AUTUMN 2014
INSIDE
THIS ISSUE
QJA PATRON ANNOUNCED AS NEXT GOVERNOR
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BOARD OF DIRECTORS, COMPANY INFORMATION
On Wednesday 26 February, Queensland Premier Campbell Newman announced that QJA Patron, Hon Paul de Jersey, AC, Chief Justice of Queensland, would become the State’s 26th Governor when the term of the current Governor, Her Excellency Ms Penelope Wensley, AC, finishes on 29 July 2014. Warm congratulations and best wishes from QJA.
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PRESIDENT’S REPORT, NEWS IN BRIEF
As our patron, Chief Justice de Jersey meets annually with representatives of the QJA Board to be brought up to date on Association business. At the most recent meeting (early February 2014), the Chief Justice was again generous in his admiration and support for QJA’s role as the peak industry body for honorary justices in Queensland. He also expressed personal interest in the gathering, later this year, of interstate and international justices (see article below).
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2014 EVENTS CALENDAR WOMEN’S LEGAL SERVICE
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RELATIONSHIP ISSUES (extract from QJA Guide to JP Practice)
11
CASE LAW – ATTENDING POLICE INTERVIEWS QJA 100TH ANNIVERSARY
12 ROLL OF HONOUR 13 Q & A 14 REGIONAL ROUNDUP 16 REGIONAL CONTACTS INTERSTATE & INTERNATIONAL CONTACTS
INSERT MERCHANDISE FORM
Hon Paul de Jersey AC (second from left) with QJA directors Raymond Young OAM, President Keith Revell and John Carpendale at February 2014 meeting.
VICE PRESIDENTS ELECTED The last issue of the Journal reported the election of Keith Revell as QJA President and Ray Burrows as Senior Vice President. Since then, Directors Chris Porter and David Read were voted (by their fellow directors) to fill the Vice President positions. Congratulations Chris and Dave. Thank you to outgoing Vice Presidents Bob Pilkington, Marian Vierveyzer and Raymond Young OAM for your service to QJA whilst you held these positions.
QJA TO HOST NATIONAL CONFERENCE OF JP ASSOCIATIONS Over the Labour Day long weekend in October (Friday 3rd – Sunday 5th), QJA will host the 2014 conference of the Australasian Council of Justices’ Associations (ACJA). Representatives of Justices’ Associations from all Australian States and Territories as well as New Zealand will gather in Brisbane to discuss and consider matters of common interest. With many topical JP issues currently being considered in all jurisdictions, the 2014 ACJA Conference promises to be an interesting and important event. At present, QJA provides two ACJA office bearers. QJA Senior Vice President Ray Burrows is the ACJA President whilst the ACJA Registrar is QJA Director John Carpendale.
Serving Queensland’s Honorary Justices since 1918
Our Patron The Hon Paul de Jersey, AC, Chief Justice of Queensland
Board of Directors PRESIDENT
Mr Keith Revell JP (Qual)
Telephone: (07) 3803 4337 Mobile: 0411 134 841 Email: keith.revell@qja.com.au
SENIOR VICE PRESIDENT Mr Ray Burrows JP (Qual)
Telephone: (07) 3822 1366 Mobile: 0409 499 016 Email: ray.burrows@qja.com.au
VICE PRESIDENTS Mr Christopher Porter JP (Qual)
Mobile: 0419 148 189 Email: chris.porter@qja.com.au
Mr David Read JP (Qual)
Telephone: (07) 4152 3318 (AH) Mobile: 0405 252 135 Email: david.read@qja.com.au
DIRECTORS Mr John Carpendale JP (Qual) Telephone: (07) 3353 2927 Mobile: 0419 683 325 Email: john.carpendale@qja.com.au
Mr Doug Hull JP (Qual) Telephone: (07) 4128 0294 Email: doug.hull@qja.com.au
Mrs Marian Vierveyzer JP (Qual) Telephone: (07) 3389 2481 Mobile: 0415 418 320 Email: marian.vierveyzer@qja.com.au
Mr Ron Court JP (Qual) Telephone: (07) 5499 0697 Mobile: 0419 679 619 Email: ron.court@qja.com.au Mr Bob Pilkington JP (Qual) Telephone: (07) 3812 1865 Mobile: 0438 121 865 Email: bob.pilkington@qja.com.au Mr Raymond Young OAM JP (Qual) Telephone: (07) 4927 4155 Mobile: 0405 624 648 Email: ray.young@qja.com.au
QUEENSLAND JUSTICES ASSOCIATION - ACN 009 666 559 – ISSN 1839-2784 The Queensland Justices Association (QJA) is a not-for-prot public company limited by guarantee operating under the Corporations Act 2001 and is governed by a Board of Directors. Registered Ofce: Postal Address: Ofce Hours: Contact: Email: Website:
751 Stanley Street, Woolloongabba, Qld 4102. PO Box 8419, Woolloongabba, Qld 4102 Monday – Friday 8.30am to 4.30pm Free call: 1800 061 423 - Telephone: (07) 3392 2455 - Facsimile: (07) 3392 2955 admin@qja.com.au www.qja.com.au
Registrar:
Angela Yin BA (Journalism), GradDipSocAdmin, MHumanServ, Cert IV TAE, Cert IV Fin Serv, JP (Qual)
The QJA Journal is compiled by an Editorial Board on behalf of the QJA. | Editor Mr John Carpendale The views expressed in articles & advertisements published in the QJA Journal are not necessarily the views of the Queensland Justices Association or the Board of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. No material may be copied or reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au Printed by Zink Print. PO Box 236, Kallangur QLD 4503. Phone 0437 777 079 or visit us at www.zinkprint.com.au.
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Serving Queensland’s Honorary Justices since 1918
VOLUME 11 • NUMBER 1 • AUTUMN 2014
President’s Report Dear Colleagues Welcome to 2014 and to what is shaping up to be a very busy year for the QJA. I hope you all had a relaxing break over the festive season and didn’t indulge too much. I am delighted to announce that our Vice President positions have been decided and I congratulate Director Chris Porter in Townsville and Director David Read in Bundaberg as our two Vice Presidents for this term. Following the completion of this election cycle under our new Constitution, the Board will be reviewing the process and determining whether any fine tuning is required to the Constitution before the next election due in 2015. I am delighted to introduce Director John Carpendale as the new Editor of your magazine. I have been the Editor for the past four years and it has been my pleasure to produce the magazine for you. With an audience of over 6,000 Members plus State MPs, Court Registrars, Local Council Chief Executives, interstate and overseas affiliated associations, and other key stakeholders, the challenge is to provide articles of interest for everyone. But I hope you have found the content useful and helpful in your duties as a JP or C.Dec. I have always said the Journal should be about, and for, you the Members so if you have any ideas or contributions please do not hesitate to jot them down in an email to John at editor@qja.com.au. More updates have been made to our Guide to JP Practice and replacement chapters (including an updated eBook) are available for registered Guide owners to download. Since the first release of this publication in 2009 almost every chapter has been updated to some degree which demonstrates our commitment to keeping you informed and updated with the latest legislative developments and procedural changes as quickly as possible. All Guide owners should have received an email notice by now, if you haven’t please contact State Office as we may have an incorrect email address on file for you. Speaking of email addresses, with over 6,000 Members and growing, keeping in touch with you all is a constant challenge, but if you keep us informed of your current email address that challenge is less of a problem.
As we move towards a greater use of electronic communication keeping us up-to-date with your current email address is important as it ensures we can stay in touch with you and let you know when important legislation or procedural changes occur, and when local events are planned for your area. There will always be a place for the quarterly Journal and the “snail mail” but if you are able to provide us with an email address it does streamline the process and allows us to provide you with more timely notices. Over the Christmas / New Year break we refreshed our website to make it more compatible with smaller devices such as tablets and smartphones, and recently the new QJA “App” has been released on the Apple and Android platforms. We have also recently relaunched our Online Course and Professional Development website which contains more courses and more professional development opportunities to assist you, in both your personal life and in your duties as a Queensland Honorary Justice. These services are a key part of our strategy to provide more services, more information, and more support to YOU, our Members through various mediums so whatever information or support you need will be available when you need it, no matter where you are. More information on these services later in this edition. In 2014 we have more training courses scheduled across Queensland, a number of workshops are being organised by local Branches, the International Women’s Day high tea in Brisbane is in March, the State Conference at Redlands is in October, plus this year the QJA hosts the national conference for the Australasian Council of Justice Associations. A very busy time indeed so check out the website, download the App, and read the Journal because if you blink you may miss an opportunity. Till next time,
Keith Revell - President
News in Brief Website Refresh The QJA website has been updated with a new design that provides a number of new features to enhance your browsing experience. The website is now more responsive to different devices such as smartphones and tablets. This enables easier access no matter what device you are using.
The front page has some new features that provide more flexibility in promoting particular events and services and a number of pages have been refreshed and updated. The scrolling pictures on the top of the page can be changed to promote a particular campaign or conference. The Newsflash alert box on the left contains the latest updates and news items, forthcoming events are highlighted in the box beneath, and there is a search facility to find courses at a location near you. The login process for Members has changed slightly as you can see in this picture. The Login menu item on the top row will present a login form where you can enter your login credentials to gain access to the Members only area. Once you are logged in this same Login menu item then changes to provide a logout option.
Serving Queensland’s Honorary Justices since 1918
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News in Brief If you haven’t used our website before and would like to see what is available a video tour can be viewed at www.qja.com.au/homepage/our-website this will provide a brief overview of the website for those Members who haven’t visited our website before.
Launch of QJA App
A very useful feature of the website is the Members Forum, an area where you can engage in discussion on topics of interest, ask questions of other Members, and submit suggestions. We encourage all our Members to register and visit the Members area of the website and while you are there drop in and use the Forum.
The “App” provides easy access to an Address Book with contact lists for the QJA Branches, a list of the key QJA contacts, a selection of useful agency contacts, and a link to the JP Branch “Find a JP” site.
New Training Website We are re-launching our Online Training Course and Professional Development website. This website has been updated and refreshed with a new design and is easier than ever to access. Simply go to www.training.qja.com.au and login using your QJA Member number and website password. The QJA’s JP professional development quizzes and videos have been updated and we will be adding new JP tools soon. There are also over 40 “general” courses available including: Business improvement techniques, various Computer courses, interesting and challenging Language Skills courses such as beginner
We are delighted to announce the launch of the new QJA “App” for smartphones and tablets that can be downloaded from Apple iTunes or the Google Play stores for free. Simply search for “QJA”.
Access to the schedule of training courses, Branch workshops and QJA conferences is available under the Events tab and from here you can register, book and pay for the events. The ability to link in with the QJA Facebook Twitter, and LinkedIn sites as well as an easy contact page if you need to contact our office is available under the Social Networks tab. You can now Shop online from your phone, and login to the Members Area to download the latest Guide to JP Practice eBook. As this is the first release we are seeking your feedback on other features you would like available in the “App” so let us know and we will add it to the list for the next release.
Update to QJA Guide Eight chapters have recently been updated and re-issued for the QJA’s Guide to JP Practice in Queensland. There are a number of significant changes, especially in relation to the Family Law Courts. We have also added a Version Control page to the back of the Guide to enable you to quickly check you have all the latest chapters. The latest Version Control page (see image on next page) can be downloaded and inserted into the back of your Guide. These latest updates will aide in keeping you well-informed of your continually changing and expanding duties as one of Queensland’s Honorary Justices. Those Members who have registered their purchase with State Office and have an email address should have already been notified. If you haven’t then please contact State Office as your email address details may be out of date. There is also a notice on the QJA website in the Members Only section.
Spanish and French. These courses are aimed at being entertaining and informative, as well as teaching you some new skills while also providing an experience of the tools and techniques available in an online learning environment. All these courses are free to use and you can enrol online, anytime. As these “general” courses are all from external sources the QJA does not warrant the accuracy or validity of their contents. We have not “vetted” these courses so if you do find something amiss please let us know so we can remedy the problem. If you want to find out more about using the new Training site you can watch a tutorial video which provides an introduction to the website and how to access the courses. Simply go to our regular website (www.qja.com.au) and under the Members menu there is a link to “An online introduction to the training course site”.
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Serving Queensland’s Honorary Justices since 1918
This is a substantial re-write so we urge you all to download these updates and ensure you are correctly following these important procedural changes. The eBook has also been updated and likewise Members who have registered their email address with us should have already been notified. If you haven’t then please contact State Office as your email address details may be out of date. If you download the QJA “App” this will always link you to the latest eBook version (i.e. automatic update). The eBook version of the Guide is proving to be very popular because it is easier to transport, store, access and update and its price is only 60% of the hard copy version. If you have previously purchased a hard copy of the Guide, you may download the replacement chapters from the QJA website (www.qja.com.au) for no charge whatsoever. If you would like QJA to provide you with hard copy (printed) versions of the replacement chapters, there will be a charge to recover the costs of printing, postage and handling ($10). Please contact the office (1800 061 423) if you would like to pursue this option.
VOLUME 11 • NUMBER 1 • AUTUMN 2014 Version Number
Changes
1
First Edition
1.1
Updates to: Chapter 4 Chapter 8 Chapter 25
Purpose Initial Release of The Guide to JP Practice Correction of typographical errors and clarification of identification procedures. Minor corrections to Land title steps. Addition of victim assist procedures.
Date 01/12/2009 22/04/2010
JP Branch new publications
Index 1.2
1.3
1.4
Updates to: Chapter 7 Updates to: Chapter 3
Updates to: Chapter 9
10/10/2010 Alterations to blue card forms. 20/07/2011 Changes to structure of court system, including establishment of QCAT. 22/11/2011 Addition of separate procedures for Advance Health Directives.
Index 1.5
Updates to: Chapter 23
Chapter 25
09/03/2012 Addition of procedures in regard to police access to digital photos and relocation of witnessing the destruction of identifying particulars from chapter 25.
Updates to: Chapter 5 Chapter 19
2
Second Edition with updates to: Chapter 4 Chapter 11
Chapter 15 Chapter 16 Chapter 24 2.1
Updates to: Chapter 1
Relocation of witnessing the destruction of identifying particulars to Chapter 23.
Chapter 2
Chapter 5
Chapter 7 Chapter 9 Chapter 10 Chapter 11 Chapter 13 Index
30/06/2012 Clarification of penalties for making a false declaration. Alteration to reflect changes to JEO forms. 13/01/2013 Minor corrections.
As well, on 14 February, Issue 2 of the JP Branch’s newsletter JP Bulletin was released. Further, the JP Branch handbooks for both categories of honorary justice [JP (Qual) & C. Dec] have undergone a total re-write and the new editions will be released soon. These handbooks serve both as the student textbook for learning justices and as a reference tool for established justices.
Merchandise We are pleased to announce the introduction of some new merchandise items to make your job as an honorary justice a little bit easier and satisfying. The auto-inking stamp kits for the self-conversion of seals of office are now more compact oval items. Get yourself one of these units and there will be no more messy ink stains on your hands and papers when you attach your seal to documents. In fact, we have a complete range of auto-inking (as well as traditional rubber) stamps for the whole range of JP applications. Aside from the seal conversion kit, the most popular stamps are for Certified Copies (with your name and title included) and for inserting your name/title in documents.
Addition of forms covered under the Relationships Act 2011 (Qld). Changes to reflect new Domestic and Family Violence Protection Act 2012 (Qld). Clarification of Peace and Good Behaviour matters. Rewrite of surety procedures. 20/12/2013 Rewrite including clarification of JP levels. Updating some historical information and reflection of changes to JP training and qualification requirements. Additional clarifications relating to traffic infringement statutory declarations. Rewrite to reflect new blue card forms and to clarify white card procedures. Additional guardianship forms encountered. Corrections re handling of multi page documents. Addition of certificate of no impediment to marriage. Major rewrite including addition of family law affidavit matters.
The Justice Department’s JP Branch has recently released several new publications and has announced the prospective issue of others. Three (3) new Technical Bulletins were issued in mid February, covering: 01/14 Photographic Detection Devices – Statutory Declarations 02/14 Witnessing Land Title Documents (Companies) 03/13 Tattoo Parlours Act 2013 Applications
When its new publications are available, the JP Branch lets us all know. To receive advice direct from the Branch, it is important to keep your contact details (especially your email address) up to date in their records. We recommend you visit www.justice.qld.gov.au/ justice-services/justices-of-the-peace (the JP Branch website) and check that the contact details recorded for you are correct. Of course, you should do exactly the same with the QJA website (www.qja. com.au).
Index 1.6
Free sample: If you are not the current owner of a copy of the Guide, you might be interested to sample some of its content. Our feature article on pages 8-10 of this edition is a direct extract from the Guide with Chapter 11 (Relationship Issues) featured in its entirety. The full Guide contains 25 Chapters and covers the whole gamut of JP duties in a similar style to Chapter 11. Thank you again to Greg Cuthbert who continues to provide much appreciated support to QJA by drafting all the Guide updates and performing the role of Guide editor.
To supplement our range of traditional QJA polo shirts, we now have both mens and ladies chambray shirts (short and long sleeve) in a large range of sizes. We now also have larger, metal lapel QJA badges. Look fully professional as you perform your signing/ witnessing duties by wearing smart QJA apparel to reinforce your status as an honorary justice and your membership of the peak industry association. Merchandise may be ordered online (www.qja.com.au) or by completing the loose-leaf order form in this Journal.
Presidents’ Honour Board At the QJA State Office at Woolloongabba, an honour board has been erected to pay homage to all the association presidents over the years. A search has been made of available records to determine the names of all the QJA Presidents since the organisation was established in 1918. The following list contains the names of all those presidents revealed in the search. Before these names are inscribed on the Honour Board, members are invited to investigate their own records and memories and to let us know if you believe there are any errors or omissions. Please contact the Registrar (Angela Yin) if you have any feedback on this list: (see list on page 6). Serving Queensland’s Honorary Justices since 1918
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Presidents Honour Board Circa 1918-1919
J.W. Hetherington
Circa 1919-1921
W.E. Moon
Circa 1921-1923
A.L. Petrie
Circa 1923-1925
F.W. Sabine
Circa 1925-1929
A.M. Newman
Circa 1929-1930
A.H. Langdon
Circa 1930-1933
J.C. Penny
Circa 1933-1937
E. Griffith Oxley
1937-1941
J.A. Boden
1941-1945
W.T. Smillie
1945-1948
J.E.S. Plumridge
1948-1950
J.E.S. Plumridge
1950-1952
W.J. Horn
1952-1954
I.H. Kerr
1954-1956
R.L. Higgins V.D.
1956-1958
H.W.H Johnson
1958-1960
W.R.J Riddel OBE
1960-1962
W.J. Horn
1962-1964
H.W.H. Johnson
1964-1966
J.C. Arkell MBE
1966-1968
R.W. Duncan
1968-1970
W.J. Horn
1970-1972
I.G. Tucker
1972-1974
R.V. Knowles
1974-1976
C.W. Lanham
1976-1978
C.P.A Fenwick
1978-1980
E.T. Vickery
1980-1982
Lena Dobbin AM
1982-1985
O.J. Curtis
1985-1986
D.L. Smith
1986-1988
C.W Lanham
1988-1990
I.R. Finlayson
1990-1994
G. Merle Clancey
1994-1998
P.A. Tiley
1998
G.W. Skinner
1998
John Fancourt
1999
Nathalie Lobegeiger
2000-2002
Noel B. Hosking
2002-2004
Nathalie Lobegeiger
2004-2005
Joseph Law
2005-2009
Bob Pilkington
2009-2013
Ray Burrows
2013-
Keith Revell
Financial Position At the 2013 Annual General Meeting in November, directors were asked how the organisation was tracking (from a financial perspective) in 2013-2014. The response given at that time was that we expected to finish with a modest surplus at 30 June. In the spirit of full disclosure, the Board would like to prepare members for the likely financial outcome at 30 June. With the benefit of a few more months’ actual experience, it is now unlikely that a surplus will be experienced this financial year. Unforseen expenses, 6
Serving Queensland’s Honorary Justices since 1918
especially in respect of the QJA training program have eaten up the positive margin generated earlier in the financial year. The result is likely to be a small deficit. A recent budget review process identified several significant expense items we had not anticipated when preparing the budget for 2013-14. With the knowledge of these ongoing costs, it is now apparent the prices charged for some QJA products and services are inadequate to fully meet the associated expenses incurred. Going forward, we will need to revise our price list so we fully cover all expense items and thus protect the organisation’s financial reserves (accumulated through prudent financial management in the past) from unnecessary erosion. The following articles flag price increases for training and membership.
QJA training course fees QJA is now the largest provider of JP training in Queensland. Just 18 months ago, we were hardly in the game at all. Income from training fees is now a significant portion of the organisation’s total revenue (increasing from less than 1% in 2011-12 to 18% in 2012-13 and growing further in 2013-14). Now we have this experience under our belt, we are in a much better position to comprehend the full extent of the costs involved with maintaining and managing a fully professional and successful training program. From 1 January 2014, the fees for QJA training courses increased to $350 (JP (Qual)) and $240 (C. Dec).
QJA Students (above) at Windorah training course (Barcoo Shire) and (below) at Woolloongabba training course - both February 2014.
Membership fees For many years now, the QJA standard membership fee has been capped at $55 (incl. GST) even though costs incurred have continued to rise. Because of the gradual rise in costs and the cap on income, QJA has struggled over recent years to produce a positive financial margin (-3% in 2011-12, +3% in 2012-13 and another negative expected 2013-14). The QJA Board has concluded it is not financially responsible for the organisation to continue to absorb increasing costs and the time has come to lift the cap on membership fees. From 1 July 2014, the standard fee will increase to $60 (incl. GST). The Board has further approved that the fee will be reviewed annually and, as necessary, revised to reflect any increase in costs in the preceding 12 months. The normal discount arrangements for concessional and joint membership categories will continue to apply. The Board believes the new membership fees still represent excellent value for money. For this still very reasonable fee, QJA members automatically get the quarterly journal, a periodic newsletter, personal liability (PL) insurance cover, district branch networks, industry influence and lobbying, phone advice/assistance and a dedicated member website. In addition, members have access to an annual conference, professional training and development and specially tailored merchandise.
VOLUME 11 • NUMBER 1 • AUTUMN 2014
Journal of the future
QJA partners with Accor
Like all organisations in this increasingly electronic world, QJA needs to consider the way in which we deliver the quarterly journal to members into the future. Whilst we expect the traditional hardcopy paper version still suits a substantial portion of the membership, there is an increasing cohort of members more accustomed to dealing with electronic documents.
In a deal which will allow QJA members to achieve a 10% discount on the advertised accommodation price for all Accor hotel properties (within Australia and internationally), QJA has joined the Accor Away on Business program. To participate in this deal, just visit the Members area on the QJA website (www.qja.com.au) and click on the Accor icon in the “Special Offers” area. This arrangement further enhances the advantages of QJA membership.
At the present time, QJA produces and despatches a hard copy journal to each member whilst also storing an electronic version on the website (including issues back to Autumn 2004). However, we do not currently deliver an electronic version direct to those who might prefer this. The first step in our progression into the future will be to offer electronic distribution of new issues as a substitute for hard copy for those who prefer this. We estimate about 20% of current members will prefer this option (with this percentage increasing over time). We would like to start moving in this direction in 2014 and we will begin by assisting members to advise us of their preference. In the coming weeks, we will seek your advice (via email) on your preferred delivery mode for the QJA Journal. Electronic is obviously the way of the future.
2014 Events Calendar March 8 May 12-18 May 12-18 August 16-24 October 3-5 October 18 November 15-16 December 5
International Women’s Day functions Law Week (incl. Walk for Justice) National Volunteers Week Queensland Seniors week Australasian Council of Justices Associations national conference QJA Annual State Conference & Annual General Meeting G-20 Brisbane Summit QJA Christmas function
QJA Interstate and Abroad QJA is fortunate to have retained the membership of several former Queensland residents who now live either interstate or overseas. When asked recently, many of these members enthusiastically agreed to perform the role of the QJA contact person in their new locale. Details of these contacts are now included on the back page of the Journal (along with all other regional contacts). Would you like to join the list? If you reside outside Queensland and would like to perform the role of QJA contact in the area where you live, please email: admin@qja.com.au. If you are away from home (whether intrastate, interstate or abroad) and need the services of a Queensland JP to witness your documents or just want to catch up with a fellow QJA member, the contacts listed on the last page of the Journal are available to assist you. This is another valued benefit of QJA membership.
Correction In the Spring 2013 edition of the Journal, the front page article on the Caboolture Refresher workshop reported that Uncle Lloyd Hornsby performed a traditional “Welcome to Country”. We acknowledge this was incorrect and should have read “Acknowledgement to Country”. We regret this error and apologise for it - Editor
Women’s Legal Service Women’s Legal Service has reached a significant milestone. 2014 marks the 30 year anniversary of the organisation. Like QJA, our organisation has assisted thousands of Queenslanders. Our most current statistics indicate that over 62,000 Queensland women have received our free legal and welfare assistance in regard to a domestic violence or family law matter.
How JP’s and C.Dec’s can help JPs and C.Dec’s can be a potentially valuable resource to Women’s Legal Service clients. Over 40% of our clients live outside Brisbane and access legal assistance through our legal advice lines, but will need a JP or C.Dec to witness their documents in family law and domestic violence matters.
Thirty years on, the mission of Women’s Legal Service remains to enhance access to justice for disadvantaged women. We know that by helping women we are also helping children and communities. We could not fulfil our organisational mission without the contribution that our dedicated volunteers make. Women’s Legal Service currently has 100 female lawyers and support workers who provide advice and assistance during our twice weekly evening legal advice sessions.
In addition, many Women’s Legal Service clients are self-represented litigants who do not have the assistance of a lawyer to draft and witness court documents. JP’s and C.Dec’s can assist those women to have their documents witnessed. JP’s and C. Dec’s can also play an important role in verifying and certifying documentation for women.
On average Women’s Legal Service assists 3,500 women per year. However the demand for our Service far exceeds our capacity to respond. Women’s Legal Service also runs a State-wide Legal Advice Line, a Rural, Regional and Remote Advice Line, face to face appointments with lawyers and social workers, a duty lawyer service at the Holland Park Magistrates Court as well as the provision of outreach services to the Brisbane Women’s Correctional Centre and Family Relationship Centres. Typically our casework clients are those who do not qualify for Legal Aid and cannot afford a private solicitor. We help women from all cultural backgrounds and can do so with the assistance of interpreters. The Women’s Legal Service website details contact details, key activities and also includes resources and publications for women who experience domestic violence or family law matters, www.wlsq.org.au.
As a JP or a C.Dec you are probably aware that documents you certify may be utlised by services such as Women’s Legal Service. The documents that commonly present to our Service are affidavits in the Family Court and Federal Circuit Courts and affidavits in Domestic Violence matters in Qld Magistrates courts. If JP’s or C Dec’s are concerned that family law and domestic violence court documents are not meeting the legal requirements, in terms of quality of evidence please refer women to Women’s Legal Service. For further information, the Women’s Legal Service administration line is (07) 3392 0644. Ms Rosslyn Monro, Coordinator Women’s Legal Service
Serving Queensland’s Honorary Justices since 1918
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Relationship Issues (extract from Chapter 11 - QJA Guide to JP Practice) Justices of the Peace and Commissioners for Declarations have some specific responsibilities with respect to various relationship matters. Under the Marriage Act 1961 (Cth), responsibilities exist regarding witnessing the form providing consent for a minor to marry, whilst under the Relationships Act 2011 (Qld), witnessing and certifying responsibilities exist in the relationship registration and termination processes. Under the Family Law Act 1975 (Cth), you may be called upon to witness an affidavit as part of a divorce application, whilst the Births Deaths and Marriages Registration Act 2003 (Qld) places witnessing responsibilities on the Justice with regards to gender reassignment. Consent to marriage of a minor In Australia, marriage is regulated by the Marriage Act 1961 (Cth). This Act allows for a person over the age of 18 to marry a member of the opposite sex (with certain restrictions for relatives). Those under of age 16 cannot marry at all. If a person is aged between 16 and 18, it is possible to marry, provided that the prospective couple have the written consent of their parents or guardians and the relevant form is witnessed under section 13(2)(a) of the Marriage Act 1961. Eligible witnesses under this section are:
•
an authorised celebrant;
•
a Commissioner for Declarations under the Statutory Declarations Act 1959;
•
a Justice of the Peace;
•
a barrister or solicitor;
•
a qualified medical practitioner;
•
a member of the Australian Federal Police or the police force of a State or Territory.
The rationale for requiring consent is that marriage is considered to be a serious responsibility which requires a lifelong commitment. Persons less than 18 years of age are not considered sufficiently mature to make the decision without input from their parents. As a JP or C.Dec in the State of Queensland, you obviously qualify as a person who can act as a witness, because the consent form is a Commonwealth document, but this can only be done by you in Australia. If the form is required to be witnessed outside of Australia, then section 13(2)(b) of the Marriage Act applies and in such a case a JP or a C.Dec cannot be a witness.
Who must give the consent? This is set out in the Marriage Act Regulation 1961 Schedule 1. (a) (b) (i)
Where both parents of the minor are alive— in any case other than a case to which paragraph (b) or (c) is applicable if the parents live separately and apart— if the minor lives permanently with one parent or lives more with one parent than with the other (ii) if the minor does not live with either parent and the parents have never been married to each other (c) if both parents have been deprived of the custody of the minor by the order of a court 2. Where only one parent of the minor is alive— (a) if the parents had, at any time, been married to each other— (i) if the surviving parent has not been deprived of the custody of the minor by the order of a court (ii) if the surviving parent has been deprived of the custody of the minor by the order of a court (b) if the parents had never been married to each other— (i) if the surviving parent is the mother and she has not been deprived of the custody of the minor by the order of a court (ii) if the surviving parent is the mother and she has been deprived of the custody of the minor by the order of a court (iii) if the surviving parent is the father— (A) if the minor lives permanently with the father (B) if the minor does not live permanently with the father and there is or are a guardian or guardians of the minor (C) if the minor does not live permanently with the father and there is no guardian of the minor 3. Where both parents of the minor are dead— (a) if there is or are a guardian or guardians of the minor (b) if there is no guardian of the minor 4. Where the minor was adopted by a husband and wife jointly
5. Where the minor was adopted by one person only— (a) if the adoptive parent is alive and has not been deprived of the custody of the minor by the order of a court (b) if the adoptive parent is alive but has been deprived of the custody of the minor by the order of a court (c) if the adoptive parent is dead— (i) if there is or are a guardian or guardians of the minor (ii) if there is no guardian of the minor
Both parents The parent with whom the minor so lives The mother The person or persons having the custody of the minor under the order of the court
The surviving parent The person or persons having the custody of the minor under the order of the court The mother The person or persons having the custody of the minor under the order of the court The father The guardian or guardians A prescribed authority The guardian or guardians or a prescribed authority* The person or persons who would be the prescribed person or persons under Part I of this Schedule if the minor had been born in lawful wedlock to his or her adoptive parents The adoptive parent The person who has the custody of the minor under the order of the court The guardian or guardians A prescribed authority*
* Prescribed authority is defined as “a person, being an officer or employee of the Commonwealth, a State or a territory, appointed by the Minister to be a prescribed authority”. 8
Serving Queensland’s Honorary Justices since 1918
VOLUME 11 • NUMBER 1 • AUTUMN 2014 Important matters to consider when witnessing Consent to Marriage of a Minor form • You must correctly identify the person(s) giving consent • You must establish the relationship between the parent / guardian and the minor. This may mean that you have to see written evidence of the relationship. • The date on a Consent to Marriage form must be correct, as the marriage must take place within three months of the consent being granted. Steps in witnessing a Consent to the Marriage of a Minor 1. Peruse the document. Ensure that the document is the correct form as per the Marriage Act 1961 (Cth). There are two forms, one for when one parent is signing and another for two parents. 2. Ask the person(s) giving consent for identification. 3. Ask the declarant if any authorised witness has refused to witness the document. This may help to pinpoint any potential problems with witnessing the document. 4. Check that the correct persons are giving consent (see table above). 5. Ask the person(s) giving consent to demonstrate that they are the relevant person to be able to give consent. 6. Check the document for alterations. Alterations must be initialled by both parties. 7. Check for blank spaces/ questions not answered. These must have lines drawn through them or be completed. Large blank spaces must be Z out. 8. Ask the person(s) giving consent whether they understand the contents and practical effect of the document being signed. 9. Ensure that the consent form is signed and correctly dated in front of you. 10. Sign the document (in blue or black) on the last page, place mark of office after your name, affix seal of office and insert your registration number. Do not place the seal over your signature or sign over your seal. 11. Note the details of the document and action taken in your log book. Registered relationships The Relationships Act (Qld) 2011 allows for two adults to have their relationship legally recognised in the State of Queensland. The application must be in the approved form (form 15 – Application to Register a Relationship) and must be accompanied by a statutory declaration made by each person stating: (i) where the person lives; and (ii) that the person wishes to enter into a registered relationship with the other applicant; and (iii) that the person is not married or already in a registered relationship; and (iv) that the person believes that a prohibited relationship does not exist between the two applicants.. Note that a prohibited relationship includes one of: (i) lineal ancestor; or (ii) lineal descendent; or (iii) sister; or (iv) half-sister; or (v) brother; or (vi) half-brother.
The application also requires the applicants to provide documents that prove their identity and age. The role of a JP (Qual) or a C.Dec in the application process, therefore, is to witness the statutory declarations associated with the form 15 and, if required, to certify copies of documents proving identity and age. The Act also outlines the procedure for terminating a registered relationship. A registered relationship can be terminated upon the death or marriage of one of the partners, or by application. One or both parties to a registered relationship may apply to terminate the relationship. The termination application must be in the approved form (form 18). If both parties to the relationship are applicants for the termination only the form 18 has to be completed and a JP or C.Dec witnesses the relevant signatures on the form. Again, documents proving identity and age may need to be certified. If only one of the parties is applying for the termination, then the form 18 must be filled out and a separate Registered Relationship Termination Statutory Declaration (Single Applicant) must be completed. This is a special statutory declaration that states: • that the other party to the relationship has been served a copy of the termination by a method prescribed under section 16 of the Relationships Act 2011; and • the method by which service was effected under section 16. In the case of single applicant, the role of the JP will therefore be to witness the form 18, to witness the special statutory declaration, and if required, certify copies of documents proving identity or age. More details about witnessing statutory declarations can be found in Chapter 5 and more details about certifying copies can be found in Chapter 10 of this guide. Applications for divorce The Family Law Act 1975 (Cth) allows for a system of no-fault divorce. This means that one (or both) of the married couple are able to end the marriage if it has broken down irretrievably. The application for divorce includes an affidavit, which is to be sworn by the deponent according to the procedures outlined in Chapter 13. Even though the affidavit supplied has space for both the husband and wife to make sworn statements, it is only necessary for one person to swear if both the husband and the wife are not applying jointly to terminate the marriage. Reassignment of sex Persons who have undergone sexual reassignment surgery and whose birth or adoption has been registered in Queensland can apply to the Registrar-General to have their sex reassigned. The applicant must be 18 years or older. In the case of a child, the child’s parents, or in certain circumstances one parent, or the child’s guardian can apply. Reassignment of sex is administered by way of completing an Application to note a reassignment of sex in the birth register or the adopted children register (form 6). The application must be completed in full, signed and lodged with the registry with two completed statutory declarations by two doctors verifying that the applicant or child has undergone sexual reassignment surgery. In certain cases the statutory declarations may be replaced by a recognition certificate. A recognition certificate means a certificate issued under the law of another state that identifies the person who is the subject of the certificate as having undergone sexual reassignment surgery and being the sex stated in the certificate. The important matter for the Justice of the Peace or Commissioner for Declarations to consider here is that the statutory declarations are declared by the doctors. This will mean that the doctors will need to be in your presence. The only role that you may have with the applicant, may be to certify copies of identification and age, similar to what occurs with registering a relationship.
Serving Queensland’s Honorary Justices since 1918
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Certificate of no impediment to marriage Certificates of No Impediment to Marriage are issued by the Department of Foreign Affairs and Trade through overseas missions and state and territory offices to Australian citizens seeking to marry overseas. Some foreign countries require foreign nationals to present a Certificate of No Impediment before they are able to legally marry in that country. Certificates of No Impediment to Marriage are not a requirement of Australian law. Some countries will only accept Certificates of No Impediment issued by the local Australian Embassy or Consulate in the country in which the marriage is to take place. However, if authorities of the country in which the marriage is to take place have advised that they will accept a Certificate of No Impediment issued in Australia, the form should be completed and witnessed in Australia.
The Blood Bank needs YOU Blood is vital to life and for many people, blood donors are their lifeline. Currently 1 in 3 Australians will need blood during their lifetime but only 1 in 30 gives blood. Modern processing techniques mean that a single blood donation, when separated into its components, can help at least 3 different patients and contribute to making up to 22 different products. Australia needs over 26,000 blood donations each week and because blood has a limited shelf life, there is a constant need for blood donations. If you are fit, healthy and not suffering from a cold, flu or other illness at the time of donation; if you are aged 16-70 and weigh more than 45kg; then you can help.
There are only two versions of the certificate that you may be required to witness. One is for those who wish to get married in Portugal, Poland or Turkey and the other for those who wish to get married in all other countries outside of Australia. The applicant, in completing the form, makes a statutory declaration, under the auspices of the Statutory Declarations Act 1959 (Cth), which you are required to witness as per the procedures outlined in Chapter 5.
Giving whole blood may only take 5-15 minutes, plasma and platelets take a while longer.
These certificates can be completed by same sex couples, as well as heterosexual couples, though in the case of the former, a marriage that takes place overseas is not officially recognised under Australian law.
For further information contact the Australian Red Cross Blood Service on 13 14 95 or their website: www.donateblood.com.au
QJA President Keith Revell makes his 95th donation at the Springwood Red Cross donation centre, donating platelets for the first time.
QJA Classified Marketplace Do you run a business? have something to sell?, want to announce an Engagement?, organising a Fete?, or have a set of skills you would like to offer for hire?. Then the new QJA Classifieds Marketplace is for you. We are delighted to announce the launch of a new service for QJA Members on your website. Simply login to the Members area and look for the Classifieds Marketplace. Here you can create and post your own adverts which will be seen by a potential 6,000 QJA Members. It is a straight forward process for you to create a new Ad. Simply select the option to Post New Ad, complete the form, upload any photos and it is all done. During the creation process you add a password (not related to your website login password so it can be anything you like) and that enables you to go back later and edit your own Ads. New Ads are promoted in the “Latest Ads” at the top of the page for a short period. All Adverts and Notices posted must comply with the QJA website Terms and Conditions. QJA reserves the right to remove any adverts it deems inappropriate. If you find any advert or notice inappropriate or offensive, please contact our office or email: webadmin@qja.com.au
New Adult Guardian guidelines
This extract gives you just a glimpse of the content of the QJA Guide. In all, there are 25 Chapter covering the full range of honorary justice duties. To access the complete Guide (hard copy or eBook) visit the QJA Shop (www.qja.com.au) or complete the Merchandise form enclosed with this Journal.
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Serving Queensland’s Honorary Justices since 1918
In August 2013, the Office of the Adult Guardian issued a revised “Guidelines for Witnessing Enduring Documents”. This superseded the 2005 document with a similar title. These guidelines contain particularly helpful information to guide honorary justices in the issues associated with witnessing EPAs and AHDs, particularly, the assessment of “capacity”. All JPs and C.Decs should have a copy of this document. It may be downloaded at: www.justice.qld.gov.au/justice-services/ guardianship/forms-and-publications-list#Guidelines
VOLUME 11 • NUMBER 1 • AUTUMN 2014
Case Law - Attending Police Interviews Occasions may arise where a JP (Qual) is asked to attend a police interview of a person suspected of having committed an indictable offence, so that the interview process is seen to be conducted in an appropriate manner. In such instances it is crucial the JP fully understands the scope and limits of their responsibility under the relevant legislation and performs their role in accordance with the approved guidelines. Chapter 23 of the QJA Guide to JP Practice sets out in detail the practices, processes and procedures a JP should follow in these circumstances. Failure to perform the “interview friend” or “support person” role properly can result in the evidence gathered during the interview being ruled as inadmissible (as occurred in the following cases extracted from the Queensland Law Reform Commission Report No 54, December 1999). “In three recent cases the alleged admission of a young person has been held to be inadmissible because of the inadequacies in the conduct of the justice of the peace who was present at the young person’s interview. These cases all concerned section 9E of the Juvenile Justice Act 1992 (Qld). However, the same considerations would also apply in relation to Section 97 of the Police Powers and Responsibilities Act 1997 (Qld). In R v C, the Court of Appeal quashed the conviction of a juvenile, even though a justice of the peace was present when the juvenile was interviewed by the police. The Court commented adversely on the state of the justice of the peace who was present during the interview, and rejected the admissions made by the juvenile in her presence: So this was the justice of the peace: a “nervous wreck”, annoyed at being called out, not understanding the rights of the suspect, and – as if that were not enough – found to be unreliable in giving an account of the events in question. The most that could be said from this is that the requirements of s. 9E were formally complied with.....Just as it is necessary that a suspect be in a fit physical and mental condition to be interviewed, so it is necessary for a person present when a child is being interviewed to be in a fit physical and mental condition to act in that role, otherwise formal compliance with s. 9E will be little more than a solemn farce. In R v W, the justice of the peace admitted during cross-examination that she had told the juvenile that “it would be best to co-operate with the police”; that “you will have to go through a record of interview with the police before you can be released”; and that “you could be charged with perjury if you don’t tell the police the truth”. The justice of the peace also gave evidence that she had told alleged juvenile offenders, “The best thing to do is tell the truth and get it over with and then you can get out of here”. When questioned as to her understanding of the role as an interview friend, the justice of the peace answered: To see the operations of the interview would come off without any trouble, no – that’s not the way to put it. That nobody gets any preferences as to answers or questions.... I tell them I’m not on anybody’s side. In R v J, a justice of the peace (qualified) was present while a juvenile being interviewed by police in respect of the death of a person who had been beaten to death. The investigating police officers, believing that the parents of the juvenile were unavailable, contacted the justice of the peace in an effort to satisfy the requirements of the Juvenile Justice Act 1992 (Qld). In a private conversation with the juvenile, which occurred before the commencement of the formal police interview, the justice of the peace made some comments to the juvenile in accordance with statements contained in the training manual. In the trial of the juvenile for murder, the admissions made by the juvenile when interviewed by the investigating police officers in the presence of the justice of the peace were held by the trial judge to be inadmissible because the Crown had failed to prove that the statements
relied on were made voluntarily. The trial judge, who accepted that the justice of the peace had “made every effort to fulfil the function that had been allotted to him, as he understood it”, thought that the justice of the peace had been confused about what he should say to the juvenile at the time of the private conversation and that this confusion had resulted in the juvenile’s misunderstanding of his rights when being questioned. In particular, it was held that the juvenile had gleaned from his conversation with the justice of the peace that, if he failed to answer the questions during the interview he would not have another chance to give his account and that he would be in trouble if he did not give his account then and there. Even though, on the commencement of the police interview, the investigating officer warned the juvenile that he was not obliged to say anything, the trial judge held that the effect of the private conversation with the justice of the peace was not dispelled in the juvenile’s mind. A submission from a community legal service expressed a concern that, in its experience, justices of the peace from time to time encourage young people to participate in police interviews, rather than assisting them to make an informed choice about whether or not to participate. The role of interview friend is undoubtedly a difficult one to carry out. Certainly, no assistance as to the required standard of conduct can be derived from the terms of the legislative provisions. Nevertheless, the role is an extremely important one. The significance of the role, both for the juvenile and the broader community, was recognised by two respondents to the Issues Paper. One respondent noted: It is fundamental to the admissibility of a confession that it must have been made voluntarily.......The reason for the presence of an independent adult person witnessing an interview is to ensure that the statements are truly voluntary and fair procedures are followed. The other respondent observed: Where evidence is rejected by the court because of some technicality, or because a requirement relative to its collection has not been met, it is not just an indictment of the officer responsible for its collection but it can be an unjust penalty on the community, especially where the offender, be it a child or an adult, is discharged from the indictment due to an item of evidence not being accepted because of some technicality.”
QJA 100th Anniversary 2018 What’s Your Story? QJA has been serving Justices in Queensland since 1918. It has seen two World Wars, the Depression of the 1920s, and the recession of the 1980s, the Internet revolution, the dawn of a new millennium and many other changes! But one thing has remained the same - QJA has always been a supportive community of Justices. We are asking our members to contribute any snippets of history you may have. Whether it is early Journals, resources or stories, we would like to hear what QJA has meant to you, particularly the members who have been with us for decades or more. We plan to collect photographs and stories for a history book and display to be published in 2018. Was your mother and/or father or grandparents Justices and Members of our Association? Do you have any special and fond memories of QJA from earlier decades? If you have any information or resources that would be of interest to our history-gathering exercise, please email admin@qja.com.au Serving Queensland’s Honorary Justices since 1918
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Roll of Honour Members should note that the Roll of Honour recognises the length of Membership of the QJA. Members wishing to receive the official distinguished service certificate as a Justice of the Peace for the State of Queensland should contact their local State Member of Parliament.
The Association wishes to acknowledge the long service given by the following Members.
Platinum - 60 Years QJA Membership John Witney
Gold - 50 Years QJA Membership John Bailey
Peter Fardoulys AM
Silver - 40 Years QJA Membership Max Bourne
Fredrick Burton
Bronze - 25 Years QJA Membership Kerrie Coleman
Gregory Kennelly
Edie Southey
Neville Fraser
Alan Wood
Ernest Lee
Phillip Mutton
Welcome to New Members The following have joined the QJA since the last Journal: Rebecca Alexander Suzanne Alison Lee Allam Gillian Anderson Jane Andreassen James Ayre Kate Bailey Helene Baker-Daines Pauline Bazley Janelle Beasley Michael Beaumont Roslyn Beaver Rebecca Beer Barrie Bell David Bell Narelle Bentley Philip Bentley Anne Blackie Nikki Blackman Taylor Blair Peter Blundell Carly Bolhuis Mayra Bonilla Linda Bordon Andrew Bourne Phillip Bradford Kathleen Brand Howard Broderick David Bromage Michael Brown Eva Brundell Catherine Bryant Krisela Bunny Elinor Burgess Terence Callaghan Cassandra Cameron Nicole Carden Keith Cartwright May Cassidy Lorraine Castner Alison Cavanagh Greg Chippendale James Coll Graham Crowden Theresa Crowden Tiffany Dahl Cheryl Dalgety Michelle Davis Vanessa De Landelles Audrey Djuve Christin Donaldson Fiona Donnelly Jodie Doolan
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David Dowling Benji Drane Margaret Duca Ian Duffy Lisa Dunne Siobhan Dwyer Michelle Dyck Peter Edwards Gary Fagg Christopher Fahey Lynda Fitch Jill Fitzgerald Gemma Foley Wendy Francis Katherine Fraser Christine Frazer Melissa French Anthony Fry Barbara-Anne Gate Alison Gibbons Cameron Gillespie Shane Gist Wendy Glass Micheal Gorman Verne Graham James Grant Megan Grant Bradley Grayson Rachael Greany Stephen Grech Terence Greggaim Tanya Griffin Kristen Halliday Cory Halloran Abbie Hamilton Donna Hanson Aimee Harding Stacey Harris Stacey Harrison Shirley Hartwell Antonia Hartzenberg Andrew Harvey Leanne Hayman Heather Hayne Sharon Heaslip Jennifer Hewitt Benjamin Hill Adrian Hinds David Hine Kathryn Howell Aaron Hua Peter Huang Lauren Hunt
Serving Queensland’s Honorary Justices since 1918
Tora Ierome Chee Ip Cory Ireland Palazzolo Suzanne Irwin Vivienne James Kelene Jenkinson Stephanie Jensen Heather Jensen Karryn Johnson Mervyn Johnston Linda Justo Barry Katz Andrew Kaye Audrei Keam Anna Kean Vincent Kelly Veronica Keogh Susan Kerr Rebecca Kilpatrick John Kimlin Fiona Kingsford Jasmine Kreibke William Kuo Chansokleaksmy Kuoy Vicki Lacey Daniel Lander Kellie Leach Deborah Lee Linda Lee Evie Leung Sheona Lingard Stephen Linnane Anne Lloyd Verlie Lloyd Mary Lowth Margaret Lyons Glenn Mackay Michelle MacKenzie Debra Marriott Caitlin Martin Bronwyn McFarlane Jennifer McFarlane Karen Mckechnie Colin McKinlay William McLay Andrew Melville Alan Milson Pamela Mitchell Natalie Mitchell Donna Mitchell Jodi Moffitt Rachael Moore Elizabeth Morris
Leslie Morrison Susan Moyle Hari Muralidharan Yasmin Murry Thomas Nash Maree Nolen Dora O’Callaghan Simone O’Connell David Ogg Janette Oglivie Zoe Olive Di O’Mullane Kirsty Onus Shanna O’Reilly Simon Parer Angeline Pascoe William Payne Megan Pearce John Pearson Albert Pearson Monica Peddle Sophia Pegg Eshini Perera Lance Peters Sharmaine Phelan Kerri Pidgeon Sara Polzin Glenn Powell Monique Price Oliver Pring Catherine Prizeman Katryna Ransley Karen Ray Shane Rayner Kelley Reynolds Roger Richards Clifford Rix Narelle Robertson Jeanette Robertson Lindsay Robinson Maxine Rogers Jody Ross Brian Rowe Vasiliki Roy Eric Rushton Timothy Ryan David Scholes Phillip Sciacca Maureen Scott Scott Simenauer Karri Smith Rebecca Smith Kylie Snaith
Douglas Spencer Daniel Spencer Josh Stafford Elizabeth Stanhope Kathleen Stevenson Janeine Stibbe Sandra Stock Rachael Stock Kimberley Strachan Andrew Suffern Frederick Swancutt Wendy Taddio Sandra Tanner Mariska Taverne Eli ten Dam Cherryl Thorne Hayley Tiegs Peita Tippett Ngaire Tranter Sharon Tregoning Anthea Tschirpig Darren Tummon Sarah Uhrhane Vedrana Vidacak Jessica Walker Glen Wallen James Ward Polly Ward Daniel Warrener Elizabeth Waterhouse Kelsey Watson Peter Watton Vanessa Weaver Pollyann Webb Kao Wei-Hsiang Victoria Weise Marilyn Wells Peter Wenham Gavin Whitlock Peta Whitton Edward Wilkes Ellen Wilkinson Ian Willmington Tracey Wilson Steven Wilson Ian Winter Amy Wren Jessica Wynne Wai Yeung Traci Young Joanne Young Margaret Yuill
VOLUME 11 • NUMBER 1 • AUTUMN 2014
Q&A Q1: When witnessing the completion of Queensland Land Registry forms (e.g. Transfer [Form 1] and Mortgage [Form 2]), what are my obligations as a witnessing officer and how should I complete the witness endorsement? A1: This matter is explained in full detail in Chapter 8 of the QJA Guide to JP Practice. In summary, the witnessing officer’s obligations under the relevant legislation (Land Title Act 1994, s 162) are to take reasonable steps to be satisfied as to (a) the identity of the person presenting to sign the form and (b) their entitlement to sign the document in relation to the property described in the form. To be satisfied as to identity, the provision of government-issued photographic identification (driving licence, passport etc) is preferred. Otherwise, a combination of non-photographic, government-issued documents, at least one of which containing the person’s signature, may suffice. To be satisfied about their entitlement to sign, the person must produce to you evidence of their ownership of the described property (e.g. Title Search, Rates Notice etc. if they are the current owner) or evidence of their pending purchase of the described property (e.g. copy of purchase contract or solicitor’s letter about the purchase). In each case, the signatory’s name and the real property description on the confirming document must be identical to the particulars in the Land Registry form. Until you have been provided with evidence to fully satisfy you about these matters, you should decline to witness the document. Once you are satisfied as to identity and entitlement, the person may add their signature as Transferor (Form 1) or Mortgagor (Form 2). As witnessing officer, you then, in the spaces provided, add your signature, your FULL name (no initials allowed), title, registration number and the date. DO NOT ADD YOUR SEAL (Land Registry Office request). Technical Bulletin 02/14 recently issued by JP Branch explains the witnessing of Land Title documents where a company, rather than an individual, is the owner. Q2: Can I refuse to sign a document? A2: You should always refuse to witness documents which are unlawful. You should also refuse to witness any document which is obscene, blasphemous, seditious, false, vexatious or vindictive or any document for which all of the required identification and/or correct supporting legal documentation is not available. Being a JP is a voluntary service, so technically you can refuse to sign any document, irrespective of whether it is unlawful. However it is hoped that you will be courteous and helpful at all times, even though it may not always be convenient to do so. If the witnessing procedure is likely to take place on private premises, such as at your home or place of work, 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 even more so at work, as people at work are usually engaged in paid activities for their employer. Making an appointment also has the advantage of enabling you to check with the deponent what documents need to be witnessed and to make sure that the person concerned arrives with all of the correct supporting documentation and identification.
A Justice of the Peace or Commissioner for Declarations who cannot sign documents during business hours could also consider redirecting members of the public to another Justice in the area, or could direct the person to signing facility locations accessible on the QJA website (via a link to the Department of Justice website). There is also a JP search facility on the website which gives names and telephone numbers of Justices in any locality. Q3: What is an Exhibit or Annexure? A3: From time to time, the evidence given in an Affidavit or Statutory Declaration refers to another document. This other document is referred to as an “Exhibit” or “Annexure”. If an exhibit or annexure forms part of the evidence presented, it must be referred to in the body of the Affidavit or Statutory Declaration. In this case it can be referred to as an “Attachment”. Attachments are considered part of the evidence whereas exhibits or annexures are considered supporting documentation. Each exhibit must be marked with a letter number or other identifying mark, for example, Exhibit ‘A’. The mark referred to in the affidavit should be placed on the exhibit where it can be easily read, for example near the top of the page. For an exhibit that is only one page long, the following statement must be included on the exhibit: “This is the exhibit marked [insert an alphabetical letter e.g.” A”] referred to in the affidavit of [insert name of deponent], sworn/affirmed before me this [insert date] day of [insert month, year]. [insert your signature, full name and registration number]” The exhibit should also be signed by you and the deponent. This wording is referred to as a certificate of exhibit. If the exhibit is more than one page long, the following statement must be included on the first page of the exhibit: “This and the following [insert number of pages] pages is the exhibit marked [insert an alphabetical letter e.g.” A”] referred to in the affidavit of [insert name of deponent], sworn/affirmed before me this [insert date] day of [insert month, year]. [insert your signature, full name and registration number]” The above statement should be placed where space allows on the first page of the exhibit and should then be signed by both you and the deponent. Some courts have their own pre printed certificates of exhibit and if provided, the pre printed form should be attached to the front of the affidavit and signed accordingly. This occurs in lieu of writing the above wording on the first page of the exhibit. Q4: Do I need to keep a log book? A4: Due to the fact that you may have your actions subsequently scrutinised by a court, it is essential that you keep records of all documents that you have witnessed. These records are usually kept in a log book. The more complicated or unusual the document, the more notes you should make in your log. This particularly applies to power of attorney documents, warrants and summonses. With the likely introduction of a 5-year renewal process in the future, the maintenance of records on your activity levels could also become a valuable aide to support your qualification for reappointment.
Serving Queensland’s Honorary Justices since 1918
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Regional Roundup QJA really reaches all parts of the State as shown in the following articles. In some cases, the article has been submitted by Branches/ Groups or individuals. Others are articles penned by QJA directors, each of whom has responsibility for a particular region.
Director Report: Logan Workshop
Sunshine Coast & Moreton Bay
Logan Branch are hosting a workshop on Saturday 3rd May 2014, 9:30am to 1:30pm at the Logan City Recreational & Sporting Club, 4 Alba Lane, Kingston, (Off Jacaranda Avenue).
Director Report: Welcome to 2014. Unfortunately we started the New Year with the passing of a very popular JP (Qual) of the Caloundra Branch; Frederic Loveday’s service was well attended by friends and colleagues giving their support and respects to his family.
This will be another hands on workshop with two key speakers each followed by working activities to try out your learning. This workshop provides a rare opportunity to practice what you learn in a supported environment with experts available to discuss the documents and process and answer your queries.
I will be attending Caloundra’s first meeting on the 18th February followed by Caboolture on the 20th. It will be a pleasure to visit with the other Branches in my area very soon. As this journal goes to press my first fully booked training session will have finished at State Office (see photo of students, p.6)
Check out the News & Events > Workshops page on the QJA website to register and pay online. For more information contact the Logan Branch Secretary David James on 0421-310-287 or email: logan@qja.com.au.
Ron Court, QJA Director, ron.court@qja.com.au Hornibrook Branch QJA President Keith Revell was the special guest at a recent meeting of the Hornibrook Branch held at the Redcliffe RSL Club. Pictured below (l to r) are: Andrew Smith (Branch Vice-Chair); Beris Slater (Branch Chair); Lisette Dillon (Branch Secretary); Keith Revell (QJA President and esteemed guest) and Erich Jeffery (Branch Treasurer).
Branch Plans: Our Branch aims to grow its membership in pace with the increasing numbers of people who are moving to the local area and to raise the profile of the valuable work being carried out by our JPs. Many members of the public are still unaware of the diverse ways that our JPs are involved in our Redcliffe, Scarborough, Kippa-Ring and Sandgate communities and we hope to improve recognition of and access to these services. Beyond our close relationship with the Redcliffe RSL and the Redcliffe Magistrates Court, we plan to strengthen our ties with the police and the Public Trustees Office and as many other key bodies and agencies as possible in order to be a strong & positive influence in community life. JPs occupy a unique space as volunteers with no axe to grind other than in wanting to support our communities in managing the official aspects of their lives, whether happy or stressful, with dignity and respect and with the most up-to-date information. Our goal is to strengthen that image locally and to support each other as JPs in the process as part of a bigger picture across Brisbane & state-wide. Lisette Dillon, Branch Secretary 14
Logan & Beaudesert
Serving Queensland’s Honorary Justices since 1918
Keith Revell, QJA President, keith.revell@qja.com.au 25 year Service Award In the photo below, John Grant MP, State Member for Springwood, is shown presenting a certificate recognising 25 years of community service as a JP to QJA member and Springwood Electorate resident, Dennis Parsons. Congratulations Dennis!
North Queensland Director Report: This year I am looking forward to expanding our number of branches, several that come to mind are Innisfail and Proserpine/ Whitsunday areas also Tully / Mission Beach, and Atherton and Port Douglas. I recently organised a visit to Charters Towers with a view to organising a branch. Unfortunately from a starting point of 12 interested parties I ended up with 5 and at this stage they did not want to form a group, this hopefully will change. I need at some stage to travel out West to the Hughenden area, part of the problem is the long distances needed to travel to all my areas. I am pleased to see that we are now selling larger lapel badges. This is often a first point of call as people ask “are you a JP”? Its good free advertising, the chambray shirts are also good advertising and smart too. I hope this year to come down for board meetings more often as against phone ins, once again distance and cost prohibit my attending every board meeting. The importance of belonging to a group that meets on a regular basis cannot be overstated as this way we as JPs keep up with ongoing changes to the law and new documentation. Chris Porter, QJA Vice President, chris.porter@qja.com.au
VOLUME 11 • NUMBER 1 • AUTUMN 2014
Ipswich & South West
Metropolitan Brisbane
Warwick The following photos show QJA Warwick’s Christmas Dinner at the Condamine Sports Hotel held on the 21st of November 2013.
Director Report: Brisbane City Centre Branch? The metropolitan area of Brisbane City has several QJA Branches and Contact Groups: Brisbane North, Brisbane South, Forrest Lake, South Pine and Western Suburbs. All these groups are active in holding regular meetings for their members and providing volunteers to staff the signing centres in their particular communities. Although the inner and outer suburbs are well catered for with this group network, it has recently been observed that the city centre is largely unrepresented. With a growing number of people choosing to reside within the city proper, the question has been asked “should we establish a QJA Brisbane City Centre branch or group?” If you are an inner city resident and have an interest in belonging to such a group, I invite you to email me.
Wynnum, Redlands, Gold Coast Director Report: The Wynnum Manly Branch Signing Centre roster is provided by the Secretary Mr Don Hann. They have 14 members who regularly provide a volunteer service at the Wynnum Plaza Shopping Centre. Four members also work at the Wynnum Magistrates Court. Don can be contacted on telephone: 3390 4278 or email: wynnummanly@qja.com.au. The Redland City Branch Signing Centre roster is provided by Ms Sue Koenig. The Redlands have 33 members who provide a volunteer service at the Capalaba Central Shopping Centre three times a week. Seven of the members also work at the Cleveland Magistrates Court with a further three members in reserve. Sue can be contacted on Mobile: 0402 491 826 or Email: sue.koenig@hotmail.com. The Gold Coast Branch has a number of Signing Centres operating. • Australia Fair, Southport. Two members volunteer at the Signing Centre which is not a QJA Unit. • Runaway Bay Shopping village. Fifteen members volunteer at the Signing Centre. Mrs Lyn Brown is the roster person and can be contacted on Telephone: 5500 5741. • 19th Avenue Shopping Centre, Elanora. Two members volunteer at this centre. Roster person is Mr John Gordon and can be contacted on Telephone: 5522 5569 or Mobile: 0415 589 047 • Coolangatta Showcase Shopping Centre (on the beach). Four members volunteer at this centre. Roster person is Mrs Toni Cork. She can be contacted on mobile: 0412 686 442. • Upper Coomera Community Centre. Four members volunteer at this centre. The roster person is Mrs Pat Taylor. She can be contacted on Telephone: 5519 3020, or mobile: 0411 189 494, email: goldcoast@qja.com.au.
John Carpendale, QJA Director, john.carpendale@qja.com.au Brisbane North Guest presenter at the February 2014 Brisbane North Branch meeting was QJA President, Keith Revell, shown here addressing meeting attendees at Mitchelton Library.
The meeting commenced with a minute’s silence to acknowledge the recent passing of foundation branch member and former vice chair of the branch, Phyllis Roebuck - sadly missed by all whose lives she touched. South Pine A training course for new JPs and C.Decs will be held in Albany Creek in May.
Fraser Coast & Burnett This region hosted the 2013 QJA annual conference (at Bundaberg) and as reported in the last Journal, it was a huge success. Regional training courses for JP and C. Dec students will be held in Bundaberg in March and Kingaroy in June. On 28 January, QJA directors Doug Hull, Raymond Young and Dave Read attended the Gympie Branch AGM.
Central Queensland
New branches at Ormeau and Coomera Waters are expected to open in the next 6 months. Ray Burrows, QJA Senior Vice President, ray.burrows@qja.com.au
Far West QJA Training course In February 2014, at the request of the Barcoo Shire Council, QJA trainer, Chris Lancaster, flew to Windorah to conduct a training course for aspiring JPs in this region. A photo showing Chris’ students at the Windorah Community Centre is featured on p.6.
Special guest Rockhampton Council Mayor, Margaret Strelow (back row, 4th from left) with QJA Rocky Branch volunteers and Stockland centre management photographed at the recent gathering to celebrate 8 years of successful operation of the Stockland JP signing facility. Raymond Young OAM, QJA Director ray.young@qja.com.au
Serving Queensland’s Honorary Justices since 1918
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REGIONAL CONTACT INFORMATION BEAUDESERT CONTACT GROUP Valmai Macaulay beaudesert@qja.com.au Telephone: (07) 5544 6460
GLADSTONE BRANCH Fred Golder gladstone@qja.com.au Telephone: 0419 796 177
MACKAY BRANCH Maria Valena mackay@qja.com.au Telephone: 0422 636 374
ROSEWOOD CONTACT GROUP Alan Broughton rosewood@qja.com.au Telephone: (07) 5464 2007
BOWEN BRANCH Brian Byrne bowen@qja.com.au Telephone: 0409 445 056
GOLD COAST BRANCH Pat Taylor goldcoast@qja.com.au Telephone: (07) 5519 3020
MAREEBA BRANCH Anne Vains mareeba@qja.com.au Telephone: (07) 4094 1174
SOUTH PINE BRANCH Phyllis Hall southpine@qja.com.au Telephone: (07) 3264 4436
BRISBANE NORTH BRANCH John Carpendale brisbanenorth@qja.com.au Telephone: (07) 3353 2927
GYMPIE BRANCH Sandra Coates gympie@qja.com.au Telephone: 0410 536 903
MAROOCHYDORE BRANCH Chris Lancaster maroochydore@qja.com.au Telephone: (07) 5448 5762
SOUTH BURNETT BRANCH Debbie-Lee Jackson southburnett@qja.com.au Telephone: (07) 4162 7977
BRISBANE SOUTH BRANCH Jan Robbins brisbanesouth@qja.com.au Telephone: 0422 117 225
HERVEY BAY BRANCH Glennis Kelly herveybay@qja.com.au Telephone: (07) 4124 5722
TIN CAN BAY CONTACT GROUP Rod Ehrke tincanbay@qja.com.au Telephone: (07) 5486 2743
BUNDABERG BRANCH Dave Read bundaberg@qja.com.au Telephone: (07) 4151 1505
HORNIBROOK BRANCH Lisette Dillon hornibrook@qja.com.au Telephone: 0404 977 057
MARYBOROUGH CONTACT GROUP Geoff Parsons maryborough@qja.com.au Telephone:(07) 4129 0809
CABOOLTURE BRANCH John Geary caboolture@qja.com.au Telephone: 0407 579 139
IPSWICH BRANCH Deanna McDonald ipswich@qja.com.au Telephone: 0408 195 277
CAIRNS CENTRAL BRANCH Margaret Neville cairns@qja.com.au Telephone: (07) 4045 2333
INGHAM CONTACT GROUP Siobhan Pelleri ingham@qja.com.au Telephone: 0438 102 962
CAIRNS SOUTH BRANCH Meredith Gardiner cairnssouth@qja.com.au Telephone: (07) 4041 6228
LOGAN BRANCH David James logan@qja.com.au Telephone: 0421 310 287
CALOUNDRA BRANCH Irene White caloundra@qja.com.au Telephone: (07) 5491 1146
LOGANHOLME CONTACT GROUP Pauline Harris loganholme@qja.com.au Telephone: (07) 3341 5555
FOREST LAKE CONTACT GROUP Jeff Foster forestlake@qja.com.au Telephone: (07) 3372 4838
MT ISA CONTACT GROUP Duncan Cunningham mtisa@qja.com.au Telephone: (07) 4743 0303 NOOSA BRANCH Margaret Lewins noosa@qja.com.au Telephone: (07) 5471 0617 REDLAND CITY BRANCH Ray Burrows redlandcity@qja.com.au Telephone: (07) 3822 1366 ROCKHAMPTON BRANCH Lance Watson rockhampton@qja.com.au Telephone: 0447 021 591 ROSEDALE CONTACT GROUP Jonathan Brown rosedale@qja.com.au Telephone: 0741569237
TOOWOOMBA BRANCH Peter Boyes toowoomba@qja.com.au Telephone: (07) 4638 0709 TOWNSVILLE BRANCH Lesley Richards townsville@qja.com.au Telephone: (07) 4779 0617 WARWICK BRANCH Brendan Holland warwick@qja.com.au Telephone: (07) 4667 1526 WESTERN SUBURBS BRANCH Noelene Kidd westsubs@qja.com.au Telephone: 0448 780 491 WYNNUM MANLY BRANCH Don Hann wynnummanly@qja.com.au Telephone: (07) 3390 4278
Branches conduct regular meetings (at least five per year), conduct training, operate signing facilities, have defined revenue streams and a formalised structure. Contact groups meet on an “as required basis” and generally exist to operate signing facilities and to deal with other local issues. For details of what is happening in your local area, including professional development opportunities, please feel free to phone any of the numbers above and your local contact will be happy to assist.
INTERSTATE CONTACT INFORMATION NSW
Goulburn Elizabeth Adam goulburn@qja.com.au 0427 617 589 Moree Lyn Zillman moree@qja.com.au 0428 274 182
Sydney (North West) Sharon Atkins sydney.2@qja.com.au 0417 479 412
Adelaide Hills Fred Braun adelaide.hls@qja.com.au (08) 8389 9462
Hobart Barrie Bell hobart@qja.com.au 0419 395 796
Sydney (Western Subs) Marie McCabe sydney.3@qja.com.au 0434 992 107
Victor Harbor Timothy Barclay victor.harbor@qja.com.au 0403 134 290
Launceston Vanda Stevenson launceston@qja.com.au 0417 707 330
NT
Jabiru Karen Beare nt@qja.com.au 0417 891 226
TAS
VIC
Queanbeyan Beverley Jones queanbeyan@qja.com.au 0418 198 441 Sydney (Inner West) Jim Elmore sydney.1@qja.com.au 0408 870 721
SA
Devonport Dennis Wheelton devonport@qja.com.au 0418 334 431
Melbourne (Glen Waverley) Simon Bullimore melbourne.2@qja.com.au 0419 756 780
Adelaide Noel J. Lindsay adelaide@qja.com.au 0407 507 773
Deloraine Annette Powell deloraine@qja.com.au 0427 158 648
Melbourne (Langwarrin) Robert Bolch melbourne.1@qja.com.au 0412 155 634
INTERNATIONAL CONTACT INFORMATION Hong Kong Luca Ferreiro hong.kong@qja.com.au
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New Zealand Allana Waldin nz@qja.com.au
Serving Queensland’s Honorary Justices since 1918
Thailand (Bangkok) Heather Clarke thailand@qja.com.au
USA (Texas) Tanya Conole usa@qja.com.au