VOLUME 11 • NUMBER 2 • WINTER 2014
INSIDE
THIS ISSUE 2
BOARD OF DIRECTORS, COMPANY INFORMATION
3
PRESIDENT’S REPORT
4
NEWS IN BRIEF
6
INTERNATIONAL WOMEN’S DAY
8
STATE CONFERENCE REGISTRATION FORM
9
MY QCAT EXPERIENCE (Angela Yin)
10 POSITIONS VACANT 11
ROLL OF HONOUR
12 Q & A - FAMILY LAW 13 JPs IN THE UK REGIONAL ROUNDUP 16 REGIONAL CONTACTS
INSERTS
ATTORNEY-GENERAL MEETS QJA DELEGATION Periodically, representatives of the QJA Board and management meet with the State Attorney-General to discuss matters of mutual interest. The 2014 meeting was held in mid-March at the AttorneyGeneral’s office. The Hon Jarrod Bleijie MP informed the QJA delegation of the latest developments in his reform agenda for Queensland’s honorary justice system. At the same time, QJA President Keith Revell and Senior Vice President Ray Burrows brought the Attorney-General up to date on progress with the rolling out of the QJA business plan. It was agreed to continue the regular meetings and in the interim to keep each other informed of developments as they occur.
Hon Jarrod Bleijie MP, Attorney-General and Minister for Justice (centre) flanked (left to right) by QJA President Keith Revell, QJA Registrar Angela Yin, QJA Senior Vice President, Ray Burrows and QJA Director John Carpendale at the March 2014 meeting.
REDLANDS READY TO HOST 2014 STATE CONFERENCE All QJA members are cordially invited to the 21st annual State Conference to be held in the Palms Room, Redlands Sporting Club, Anson Road, Wellington Point on Saturday 18th October. The Conference Registration Form is located on page 8 of this journal and is also available on the QJA website. The focus of the conference is to provide members with an affordable, professional development experience with the opportunity to meet fellow justices from all over southern Queensland and further afield. The Redlands Sporting Club will provide transport from the Birkdale Railway Station in their courtesy bus (capacity 11 persons) at 8.15am and 8.30am.
MEMBERSHIP RENEWAL FORM
Conference Registration will commence at 8.30am and the conference will conclude at 4.30pm. This will be followed by the QJA Annual General Meeting (all members entitled to attend).
MERCHANDISE ORDER FORM
For a chance to mingle and network with fellow justices and their partners, an optional dinner has been arranged in a section of the Club Steak House Restaurant on the Saturday night. Further details will be posted as they come to hand on the special conference page located on the QJA website: www.qja. com.au.
REGISTRAR INDICATES DEPARTURE DATE As highlighted in the President’s Report (page 2) our beloved Registrar for the last four years, Angela Yin, has advised of her intention to leave QJA in mid-July. The search is now on to find a replacement (see page 10).
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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:r ay.burrows@qja.com.au
VICE PRESIDENTS Mr Christopher Porter JP (Qual)
Mobile: 0419 148 189 Email:c hris.porter@qja.com.au
Mr David Read JP (Qual)
Telephone: (07) 4152 3318 (AH) Mobile: 0405 252 135 Email:da vid.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 JustiFes AssoFiation (QJA) is a not-Ior-pro¿t puEliF FoPpan\ liPited E\ guarantee operating under the Corporations AFt 2001 and is governed E\ a Board oI DireFtors Registered OI¿Fe Postal Address OI¿Fe Hours ContaFt EPail :eEsite
751 Stanle\ Street :oolloongaEEa Qld 4102 PO Bo[ 8419 :oolloongaEEa Qld 4102 Monda\ – Frida\ 8 30aP to 4 30pP Free Fall 1800 061 423 - Telephone (07) 3392 2455 - FaFsiPile (07) 3392 2955 adPin#TMa FoP au ZZZ TMa FoP 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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VOLUME 11 • NUMBER 2 • WINTER 2014
President’s Report Dear Colleagues The QJA Registrar, Angela Yin has advised the Board that she has received an exciting job offer in the UK starting in August and has consequently handed in her resignation. On behalf of the Board I have (reluctantly but understandably) accepted Angela’s notice. This is a sad day for all of us, as Angela has contributed a lot over her four years with the QJA and has accomplished many achievements which have benefited you, our Members, the company, and the wider JP community. The job opportunity that Angela has received is a great career move and an adventure for Angela and I am sure you will join me in wishing her the very best for the next stage of her career. We will shortly commence the advertising process, and a notice is later in this Journal (page 10). As the weather cools and we move towards Winter it is a time of the year when historically people start to think about others less fortunate than themselves, and if you are wondering how you can help you may want to consider putting your role as a JP or C.Dec to good use by supporting your local community. If you are a current honorary justice you can help your local community by volunteering at a local signing centre, courthouse, or Police Station. If you are nervous or uncertain about dealing with some of the documents you may encounter then mentoring and professional development services are available. Contact your local QJA Branch and discuss the volunteering, mentoring and professional development opportunities available in your area. I am delighted to announce the launch of our first fully online, interactive training course. The course is the accredited module for new Commissioner for Declarations and already a number of Students have enrolled and graduated with Statement of Attainments issued. This new method of delivering the Commissioner for Declarations course complements our current classroom and correspondence courses. It offers an alternative for individuals who are busy, who live in remote locations, or for whatever reason find it difficult to attend one of our classroom courses. The QJA remains the largest provider of training for new Justices of the Peace (Qualified) and Commissioner for Declarations in Queensland and, as a not-for-profit, all monies earned after costs are passed back to the local Branches or into programs supporting you, our Members. With the addition of this new Online course we now offer a wider selection of course formats at more locations than anyone else. In addition, our Students benefit from being part of a network of over 6,000 community minded JPs and C.Decs supported by over 30 Branches across Queensland, available to help them as they take their first steps on their journey as a Queensland Honorary Justice. The QJA is a Registered Training Organisation (RTO) and the compliance requirements we have to adhere to are very high. If we want to continue delivering this training program we must maintain strict standards of accountability and documentation. This does place a burden on the office staff which can sometimes cause delays processing merchandise orders, new applications, workshop bookings, etc. If this has impacted you, we do apologise. The Board of the QJA recognizes that as an RTO we must ensure we strictly adhere to the requirements as set down by the Federal body which manages the RTO program and we recognize this does place a higher burden on our office staff, so we are investigating opportunities to streamline office procedures to minimize impacts on other service delivery areas. We will keep you up-to-date as these new procedures are implemented.
You may not have noticed but the Act under which all JPs and C.Decs operate was changed recently. The Justice of the Peace and Commissioner for Declarations Act 1991 was updated in December 2013. If you haven’t done so already it is worthwhile perusing the updated document and familiarising yourself with the changes. A number of legislative changes have been made this year, including to the Police Powers and Responsibilities Act, as a responsible JP or C.Dec you should keep abreast of what changes are occurring and any impacts it may have on your procedures. To see what legislation has changed you can refer to the Queensland Government website www.legislation.qld.gov.au or go to the QJA website www.qja.com. au and check out the Acts and Legislation page under the Home tab, here you can always gain direct access to the very latest version of the Acts. The Privacy Act 1988 is an Australian law which regulates the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information, and access to and correction of that information. Significant changes came into effect on 12th March 2014 with the introduction of 13 Australian Privacy Principles (APPs) which replaced the National Privacy Principles and Information Privacy Principles which applies to organisations, and Australian Government agencies. As an organisation with less than $3m turnover the QJA is exempt from the Privacy Act but the Board has agreed that we should ensure our Privacy Policy complies with the Australian Privacy Principles. Director Ron Court has been reviewing our Privacy Policy and has recommended a few minor technical adjustments to our Policies and Procedures to align with the new requirements. The key aspect of the Privacy Act is protection of your information. The QJA will never sell or pass your details on to any external third party, the exception being the Department of the Attorney-General, Justices of the Peace Branch. The Justices of the Peace and Commissioners for Declarations Act 1991 requires all JPs and C.Decs to keep the JP Branch Registrar informed of any changes to contact details: 22 Registrar to be notified of change to registered particulars (1) A person who is an appointed justice of the peace or an appointed commissioner for declarations is to notify the registrar of any change to the person’s name or contact details as stated in the register within 30 days of the change and provide any reasonable proof the registrar may require of the change. To aid in this process the QJA will pass on to JP Branch updated contact details when a Member advises us that changes have occurred to postal address, phone numbers or email (no other information is passed on). If you do not want your details passed on to the JP Branch please note this in your update correspondence. Your regional Directors have been very active over the past few months supporting their local Branches with new Contact Groups in the Bundaberg region, potential new Branches in the North, successful workshops hosted by Rockhampton and Logan, with other Branches organising additional workshops, and a greater focus on growth and delivery of services to you, our Members and the broader community so stay tuned. Till next time,
Keith Revell - President
Serving Queensland’s Honorary Justices since 1918
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News in Brief QJA’s own “Rising Star”
Queensland Legal Walk
On Thursday 1st May, at the TORGAS Award evening our own Trainee, Aaron Dunster won the “Rising Star” category Award for 2014 Trainees of the Year. He narrowly missed out on the “Trainee of the Year” Award but his girlfriend Jessica was just as proud. The Board and staff of QJA would like to congratulate Aaron on his Award. Aaron has taken to the small QJA office with enthusiasm and a willingness to learn new tasks and he suggests new ideas to improve the office processes. His responsibilities include student enrolments, new membership applications and he is developing his skills with Registered Training Organisation (RTO) software and the bookkeeping system MYOB. He has embraced the challenges of living up to member expectations with prompt responses to their inquiries. Angela Yin (Registrar) notes that Aaron excels at speed and accuracy with the data entry he is required to do. He has also recently implemented a new procedure of testing email addresses to ensure that all future communication will reach the intended recipient. Aaron hopes to stay with QJA after his Traineeship is complete in a few months, and says one of the highlights of working with QJA was being involved with the State Conference in Bundaberg last year, and he is looking forward to being involved with this year’s conference at Redland Bay.
Each year, participants in the Queensland justice administration and legal system engage in a bit of early morning exercise as a means of raising funds for worthy law-related causes. This event is known as the Queensland Legal Walk. Individuals from across the legal profession, including leaders from government and the judiciary, and supporters from national and local law firms, community legal centres, corporate and government legal units, the profession’s peak bodies and university law schools walked on 13 May 2014 to support free legal services in Queensland. The Queensland Legal Walk is the main fundraising event for QPILCH (Queensland Public Interest Law Clearing House) and is a celebration of the joint effort of the legal profession in advancing access to justice for the most marginalised and disadvantaged members of our society - QPILCH website
While working for QJA, Aaron must also complete study requirements to achieve his Certificate III in Business Administration. Will Griffith, Field Officer for TORGAS works with Aaron during his Traineeship and is pictured presenting the Award to Aaron. Marian Vierveyzer, QJA Director (who accompanied Aaron and Jessica to the awards ceremony)
QJA training all over Queensland QJA Registrar, Angela Yin, flanked by Chief Justice Hon Paul de Jersey AC and Attorney-General Hon Jarrod Bleijie MP at the 2014 Walk
The following snaps show recent student groups at:
Registrar visits UK counterparts Whilst on holidays in Europe in April, QJA Registrar, Angela Yin took the opportunity to call upon the QJA equivalent organisation in England. In the UK, Justices of the Peace perform the role of lay magistrates to adjudicate on minor civil and criminal cases. Their professional body is the Magistrates’ Association (see more on page 13). In the photo below Angela is pictured with the Association President, Richard Monkhouse.
Caboolture
Gold Coast
Bundaberg 4
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VOLUME 11 • NUMBER 2 • WINTER 2014
Membership Fee Renewal Membership by honorary Justices of a professional body is crucial, now more than ever as changes foreshadowed by the AttorneyGeneral that will ultimately affect every JP and C.Dec in Queensland are gradually rolled out. For many years now, the QJA standard membership fee has been capped at $55 (incl. GST) even though the costs incurred by the organisation have continued to rise. 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. Membership fees are due on July 1, 2014 and are: Regular Member Concession Joint
$60.00 $46.00 $74.00
A renewal invoice has been included with this Journal. The top half of the form is your tax invoice and receipt. You should write your receipt number on the invoice if you used one of the electronic methods. If you require a separate receipt, please post a stamped self-addressed envelope to PO Box 8419, Woolloongabba, Qld, 4102 and request same. The payment options available are listed on the invoice. Please note that we do not charge any fees for using a credit card. Personal cheques are also accepted, but it is easier for the staff at State Office if you pay using one of the electronic methods. Please note that if paying by credit card, you should use either the 1300 phone number or the secure internet site. Sending us a credit card number by fax or post poses an unnecessary security risk for you, the cardholder. Timely payment of your membership subscriptions is necessary to enable the company to effectively budget and plan out its activities for the financial year, so please attend to your invoice now.
If you did not receive a copy of this Bulletin, your contact details at the JP Branch may not be up to date. It’s easy to update these details. Simply visit the JP Branch website (http://www.justice.qld. gov.au/justice-services/justices-of-the-peace) and click on “update my details”.
Electronic Journal - have your say As mentioned in the last edition of the Journal, the QJA Board believes an electronic version of this publication is the way of the future and would like to start down this path as soon as is feasible. If you would like to express your view on this issue, please visit the QJA website (www.qja.com.au) and click on the “Journal Survey” icon. It will only take a minute or so to have your say.
QJA Branch Workshops Several QJA branches have announced their intention to hold professional development (refresher) workshops in the coming months. Please be aware of the following proposed workshops Rockhampton (September), Caboolture (June and August), Logan (September), Brisbane North (August/September). Registration forms for each of these events will soon be available on the QJA website (www.qja.com.au).
More QJA contact centres Since the last edition of the Journal, we have been successful in establishing six more QJA contact centres (two in Queensland, three interstate and one overseas). See page 16 for details of new QJA Contact Groups in Howard and Woodgate in the Bundaberg region. We have also now secured individual contact persons in London (UK), Lismore (NSW), Ballarat (VIC) and Alice Springs (NT). If you are visiting any of these locales, please get in touch with the local QJA contact.
Annual General Meeting
QJA Classifieds Marketplace
The Annual General Meeting of the QJA will for the first time be held in conjunction with the Annual State Conference at Redland City on Saturday 18th October, 2014. The Board decided to change the date and venue this year to open up the AGM to more Members who are already attending the conference. It also moves the AGM away from any potential disruptions caused by the G20 conference in Brisbane in November. Further details on the time and agenda will be published in the next issue of the Journal. Due to the extended nature of the AGM when Board elections are held it is unlikely next year we will be able to do the same, but we will keep an open mind and take on board all feedback we receive this year.
As introduced in the Autumn edition of the Journal, the Member Area of the QJA website (www.qja.com.au) now features the QJA Classifieds Marketplace. At present, there are just a modest number of Ads posted in the marketplace.
JP Branch publications In May 2014, the JP Branch of the Department of Justice and Attorney-General released another edition of the JP Bulletin (distributed electronically to those justices whose current email address is correctly recorded in the Branch’s records). The May 2014 JP Bulletin addressed the following matters: JP Advisory Council update Alerts and Information JPs and QCAT Using your title on social media JPB professional development Law week 2014 JPs in the Community JPB mentoring program Lisa Shaw under the magnifying glass News from the north
This feature of the website is designed to allow you to broadcast and promote to fellow QJA members, the details of the products/services you provide or events you are organising. It is a straightforward process to create your own Ad. After logging into the Member Area, click on Classifieds Marketplace. Then select the option to Post New Ad, complete the form, upload any relevant photos and you’re finished! To inform other QJA members (more than 6,000) about your products, services or events, we invite you to utilise the QJA Classifieds Marketplace. It costs you nothing but your time.
QJA Online Training release QJA is pleased to announce the commencement of its online training capability. Students for the Commissioner of Declarations unit of 30942QLD (Course in Providing Community Justice Services) may choose online study as an alternative to classroom tuition. For these students, assessment is also performed electronically (instead of hard copy). Release of an online version of the Justice of the Peace (Qualified) unit of the course is planned for later in the year. Thanks to Greg Cuthbert and Keith Revell for the great work in achieving this initiative.
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International Woman’s Day events Warwick
chords and diaphragm to produce music. Jill spoke about sharing this knowledge and experiences with the East Street Singers which she formed 25 years ago and is still a favourite in the Southern Downs region. Our third speaker, Deeny Kohler-Caporale spoke about everyone’s contribution to society and our own community. She spoke about the first 30 years of her life which she spent in Africa, a place full of hatred, anger and fear. She spoke about her love for singing which started at a very early age. Then she spoke about the next 30 years of her life here in Australia which was full of love, happiness, challenges and success. Deeny emphasized that no matter how small a person is (maybe the size of a dot) in the scheme of things, if that person is removed, there will be a gap. It seemed that everything was going well. Everyone in the room was motivated by the three speakers but - - - Wait there is More - - - no food on the table! Staff had to be reminded that there is no food in the room except for tea and coffee. Once again, the Committee did well by getting a couple of the guest speakers and one of the guests to provide the entertainment as well as getting the room roaring with sing-along while waiting for the refreshments. How’s that for a twist of events on International Women’s Day in Warwick Qld?
The recent IWD event that we organized really tested the resilience of the Executive Committee. Five days before the event we were panicking because the main ticket outlet, Warwick RSL had not sold a single ticket.
By Fiori Brennan
The committee needed to make an urgent decision – Should we go through with it or should we cancel? Whichever way we decided to go, it could be very embarrassing for QJA Warwick. More posters were put up around town, on car windscreens, and even the Warwick taxi drivers were giving out posters to their passengers. Then more phone calls to members, family and friends. More email follow-ups were sent and more Facebook postings were shared with community organisations in the region. An ad in the local daily and an interview with a newspaper journalist was arranged. The local radio station, Rainbow FM was requested to promote the event even more and a live interview was aired that week. By 2:00pm on Saturday afternoon, people started queuing at the door. Fiori, Brendan and Barbara were busy welcoming guests and taking in ticket sales. Whew what a relief! We had three extraordinary women who spoke about various topics that were so inspirational that in spite of the late bookings, our guests were all so glad they came. Our first speaker, Corinne Butler spoke about “It’s ok to be me”. She talked about people’s aspirations, our individuality, about making a bucket list and about drafting our eulogy and working towards what we want people to remember us by. She concluded by reminding everyone that they have permission to be themselves, have an attitude for gratitude and focus on their aspirations. That whatever they do they have permission to be present, laugh and have fun and last but not least, they have permission to look after themselves. Our second speaker, Jill Hulme spoke about the compatibility of science and music. Being a scientist, Jill spoke about test results of sound taken at different environments and different levels and compared that with sound created by people who use their vocal
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International Woman’s Day events Brisbane
The Hon Jarrod Bleijie MP, Attorney-General & Minister for Justice was unable to attend but forwarded the following message: “I would like to congratulate the Queensland Justices Association on their fourth year of hosting an International Women’s Day event for Justices of the Peace and Commissioners for Declarations. As a JP (Qual) myself, I have a great appreciation and admiration for our 90,000 volunteers and do what I can to continually recognise outstanding service and contribution that JPs and C.Decs make in our community.
Once again in 2014, International Women’s Day was celebrated in Brisbane with a QJA event. When the 2014 IWD committee decided on the theme for this year’s event they did not realise how the words “Always Learning – Always Teaching” would come back to haunt them. The “High Tea” did not live up to expectations and there were a number of issues on the day. The venue and catering were less than desirable, and seating was a problem. As soon as these problems were identified, actions were put in place to improve them. But every cloud has a silver lining and we have already been offered a venue for 2015, which has a lot of potential and will overcome the shortcomings of the 2014 event.
With Queensland’s four pillar economy on the rise, new opportunities are emerging for women in our tourism, agriculture, resources and construction industries. Thank you for helping to celebrate our great opportunities and achievements on International Women’s Day 2014.” Senator the Hon George Brandis QC – Federal Attorney-General & Minister for the Arts also acknowledged the commitment of Justices in the community and recognised QJA for its support of Honorary Justices with training, advice and counsel. By Marian Vierveyzer, QJA Director
But thanks to our guest speakers, raffles, games and good company the day was still fun. Cheryl Macnaught is a co-founder of Whittaker Macnaught – one of Australia’s leading fi nanc ial advisory companies, established in 1982. Cheryl spoke of her career path and personal challenges, giving a very positive role model for any woman. Although Cheryl has now retired from her life in the fast moving financial sector she is still a very active community member and has become a supporter of the QJA IWD.
Lucia Forman, Noelene Kidd, Sue Freeman, Angela Yin, Geraldine Polkinghorne, Judith John, Marian Vierveyzer.
Margaret Jolly originally qualified as a lawyer and holds dual Arts and Law degrees from the University of Queensland, but discovered early an interest in people and moved into human resources management. Margaret stepped the ladies through some tips to cope with those stressful times in our lives with her presentation “Change; Learn; Teach” and left the ladies with a profound parting thought:
Brisbane IWD attendees engaging with one another
“Our minds can change our behaviour, and our behaviour can change our outcomes”
Helen McEwan, Cate Clarke, Heather Clarke, Yvonne Fordham Serving Queensland’s Honorary Justices since 1918
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Queensland Justices Association
21st State Conference Registration Form
Saturday 18th October 2014 9.00am to 4:00pm Venue – Redlands Sporting Club Anson Road, Wellington Point. Cost: $35.00 members, $40 non-members Includes morning tea, lunch and afternoon tea Conference will be followed by the QJA Annual General Meeting Name: (as will appear on name tag)…………………………………………………………………………………….. Address: …………………………………………………………………………………………………………………… Email: …………………………………………………………………QJA Member No: ………………………………. Contact Phone: ………………………………… Mobile: ……………………………………………………………… Special Dietary Requirements: …………………………………………………………………………………………. Optional two course informal dinner after conference (at members own cost - $36.00 alternate main, dessert, tea/coffee) to be held in the Redlands Steak House Restaurant. Alcohol not included. [ [
] ]
YES I will attend by myself Partners Welcome YES I will attend with a person who did not attend the conference. No of extra guests……… Total Attending: ……………….. (Please tick one). Transport from Birkdale Rail Station to Redlands Sporting Club: [ ] Yes Number of persons: [ ] (Courtesy Bus has capacity for 11 persons) Return to station will be on request to QJA Branch members. Deadline for Registrations – Friday 26th September 2014 [ [
] ]
PAYMENT INFORMATION Registration Payment $.......................... Dinner + extra guests $.......................... Total $.........................
Payment made by: [ ] Cheque [ ] Visa / Mastercard (Details below) Card No: ________/_________/_________/________ Expiry Date: _________/________ Cardholder’s Name: __________________________ Signature: _____________ _____________ Date: ___________________ [
]
Direct Bank Transfer: Pay to: Heritage Bank BSB: 638-070 Account Number: 11693754 Account Name: Queensland Justices Association [Include your name as reference in ‘Description’]
MAIL TO:
Registrar, QJA, PO Box 8419, WOOLLOONGABBA, Qld 4102
EMAIL TO:
admin@qja.com.au
FACSIMILE:
(07) 3392 2955
NOTE: All receipts/tax invoices will be available at the conference. If a tax invoice is required prior to the conference, please include a stamped self-addressed envelope. 8
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My QCAT experience – Angela Yin (QJA Registrar) Justices of the Peace (Qualified) have been given the opportunity to participate in the Queensland Civil and Administrative Tribunal (QCAT) in a trial which allows us to make decisions in minor disputes up to $5,000 since June 2013. These include small debts, tenancy disputes, fencing disputes, motor vehicle accident disputes and breach of contracts. In December 2013, I took the opportunity to sit on the Tribunal with a legally qualified Justice of the Peace (Qualified). On that one day, I heard a number of tenancy matters and they were resolved relatively quickly and fairly, in my opinion. Whilst the Tribunal is not a court, it is by no means casual. You are required to read through the files which contain applications and evidence that the Applicant has provided. Whilst you can and should refer to the file during the hearing, you should feel comfortable that you know the broad details of the matter before allowing the Applicant and the Respondent to enter the room. The JPs on the Tribunal are the ones who decide when the hearing begins. Do not feel rushed to start on the dot of 10:00am if you need a few more minutes to go through the file and discuss with your fellow JP. It is up to the JPs how they conduct their hearing. However, my preference is to work to a script to begin with (including having the Clerk put the parties under Oath or Affirmation), rather than casual, off-the-cuff introductions. This may work well for an experienced and charismatic adjudicator, but for a Justice conducting hearings for the first few times, this approach may be daunting and something crucial may be forgotten. Of course, once you become comfortable and experienced, you will develop your own style. After the formalities are done, questioning begins. You ask the Applicant their side of the story and look through the file for evidence of their claims. Then you ask the Respondent to put their case forward. Either of the parties are allowed to bring new evidence to the Tribunal, including photographs, letters, printed emails and printed screen shots from social media. Evidence has to be included in the file. In one of the matters I heard, one of the parties tried to give us a piece of carpet that had cat scratches on it. Whilst the JPs could look at it, such a thing cannot be admitted as evidence because it cannot go in the file! Photographs will suffice. All evidence must be in hard copy – no iPads or smartphones! The Applicant and Respondent are also allowed to appear by phone, in which case, the rooms have microphones and speakers to allow you to question the people on the phone. They may both be on the phone, or only the Applicant or the Respondent, whilst the other party appears in person. You should still conduct formal introductions and have the Clerk put them under Oath or Affirmation and remind them that just because it is conducted over the phone, the hearing should not be considered casual. All of the above occurs if the proceeding goes as expected. However, in life many things do not follow the script! For example, violence can and does erupt. Whilst I was lucky enough not to experience a violent outburst during the matters I heard, the JPs in the next room had to call security and police took statements from them. JPs must also be satisfied that the Respondent knows there is a proceeding against them and has been made aware of the hearing. The hearing must be adjourned if the JPs are not satisfied that the Respondent knows they are a party to a dispute. Whilst this may
anger and frustrate the Applicant, it is not possible to proceed because it is unfair to the Respondent and if you cannot be sure the Respondent can be contacted, the orders made during hearing would be impossible to enforce anyway. . If the Respondent simply does not turn up, but the JPs are satisfied the Respondent knows about it, but for whatever reason has not attended the hearing, and not requested an adjournment, the matter can be heard as normal, without the evidence of the Respondent. The Applicant is obviously more motivated to attend because they are the ones seeking orders in their favour, so it is unlikely an Applicant will be a no-show. However, even in only my one day sitting on the Tribunal I found even that may not always be true. One matter related to the Applicant, a landlord, filing a complaint against a tenant who they claimed left the premises before the end of the lease and they were seeking orders for all rent monies to be paid to the date up to and including the end of the lease date. The landlord did not appear and instead a representative of a real estate agent managing the landlord’s property appeared before the Tribunal as the Applicant. Firstly, the Tribunal has to also make a determination that the people appearing before the Tribunal are indeed the Applicant and the Respondent (parties to the dispute) or if the people who are appearing have a relevant link to the parties to the dispute and therefore, the hearing can proceed. We allowed the matter to proceed, even though it was not the landlord him or herself appearing, because it was a relevant representative. The Applicant does not always get the orders they are seeking, or they may not get it in their entirety. It is up to the JPs on the Tribunal to decide what is fair and reasonable. In the matter where the landlord did not show up, the orders were made in favour of the Respondent, because the Tribunal found the property was not in a habitable state. The Respondent gave further evidence in the form of photographs of the property. Whilst the absence of the landlord was not the reason for the decision, it is in the parties’ best interest to appear themselves because the landlord may have had something to say about it, that the managing real estate agent may not have known (however unlikely that may be). In the first matter I heard, the Applicant sought to adjourn the hearing due to a personal issue. I would advise for a JP Tribunal to try to convince parties to proceed if they possibly can, by reassuring them that it will not take too long. As QCAT is meant to be speedy and easily accessible justice, it is better if matters can proceed as listed, because it will be likely several weeks before the matter can be relisted. It is better that a minor dispute can be resolved quickly, rather be protracted, causing more uncertainty and anxiety for the parties involved. I heard five matters in one day, with most resolved within an hour. This is the idea. You have to ensure that the matter does not involve a sum of more than $5000. This may sound obvious, but sometimes the matters are not correctly allocated due to the convoluted nature of the matter, or because of new evidence coming to light during the hearing. This occurred during one of the matters where it suddenly went from a sum of around $4000 to $12,000. The hearing had to be adjourned immediately after we asked the Respondent whether they wanted to revise their counter-claim to the requisite $5000. When the Respondent replied they did not, the hearing was adjourned and an Adjudicator was called. We asked the Clerk if it would be appropriate to have the matter re-listed immediately with an Adjudicator, or if the matter would need to be re-listed for another date. The Clerk told us another date would need to be organised, given the time of the day.
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I found it beneficial to have a legally trained JP (Qual) on the Tribunal because they are able to quote relevant sections of the Act to the parties. For example, there are sections within the Residential Tenancies Act that provide for uninhabitable rental properties that would allow a tenant to break a lease early. Of course, with enough sittings and hearing a range of different matters, it is possible for nonlegally qualified JPs to also become familiar with relevant sections of the legislation and interpret them to determine orders. Do not be afraid to make use of the experienced Adjudicators on site. They are very helpful and charming, might I add! If you have any questions or doubts, they are there to guide you to get a fair outcome for parties to disputes. The reasons for your decision and your orders are written in the file and given to the Clerk to type out and post to the Applicant and Respondent. The orders are enforceable in a court of law. You should also verbally tell the parties of the reasons and orders at the conclusion of the hearing. You can ask them to leave the room to confer with your fellow JP before you make a final decision and ask them back to advise of the outcome. The orders may be appealed by either party, but to date, we have been told the JP Tribunals have had a very low appeal rate. We have also been told that the waiting time to get matters listed has been reduced significantly since this trial began. At the beginning of the trial in June 2013, many applications were dated October 2012. By the time I sat in December, the applications I saw were received
in October and November 2013, with the matters being heard in December 2013. I had a very positive experience being a trial participant. Whilst the legally qualified JP admittedly took a lead a role in some of the questioning and was able to interpret the Act in the reasons, it was a respectful, team-based process and as a non-lawyer JP, you add value to the process by bringing a layperson’s perspective. I would recommend JPs who are law students or newly admitted lawyers participating in this trial because it gives you valuable bench experience and the ability to put your knowledge of the law into practice. I look forward to QJA playing a role in working with QCAT to devise a formalised training program for JPs in QCAT. After having spent some time in Britain in April and meeting with the Magistrates Association in London, the peak body for JPs in England and Wales, it was wonderful to see how JPs are completely integrated within the justice system over there and are advocates for best practice and formulate policy recommendations for the Government. With links to universities, they are able to formulate evidence-based policy positions on a range of justice matters, because they are at the frontline of the system. It seems as though JPs’ involvement in QCAT here in Queensland may be the beginning of more positive things to come! Angela Yin, QJA Registrar
Positions Vacant Position Vacant Registrar
Position Vacant Office Assistant (Casual)
About the Role Reporting to the Board through the President, the Registrar will be responsible and accountable for developing and achieving the QJA strategic plan in conjunction with the Board. This role will provide consistent high level advice to the Board on operations, policy and planning. As the Registrar, your responsibilities will include (but not limited to): • Developing and maintaining sound financial practices and policies. • Preparing annual budgets for Board approval • Ensure compliance with a Constitution of Queensland Justices Association • Prudently manage the QJA’s financial resources within the budget allocations • Develop and implement member recruitment and engagement strategies, utilising tools such as social media • Act as the Company Secretary • Maintain relationships with QJA’s branches and contact groups and members • Attendance at relevant events and meetings including Board, Annual General Meetings and conferences (these may be held on Saturdays, some travel may be required)
This is a new position in the QJA office.
About the Person As the successful person in this role you will implement change driving the organisation forward. You will possess: • accounting/bookkeeping experience with advanced skills in MYOB and payroll Desirable: • A minimum of Cert IV Financial Services (Bookkeeping) would be advantageous • Justice of the Peace or Commissioner for Declarations • Superior oral and written communication skills • Previous management experience in the non-profit sector and formal qualifications in management, business or human services. In return and in addition to your salary you will have free onsite parking and ongoing training and support from the President and Board. Please submit your cover letter and resume addressed to Kerine Nightingale at apply@wattsnext.com.au. Telephone enquiries are welcomed on 07 3845 1111
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The Office Assistant (Casual) will report direct to the QJA Registrar and will undertake basic clerical and administrative tasks within the office. They may also be required to undertake support work to assist the Training Program Manager and/or the Administrative Assistant. To fill this position, we are seeking a person with general office experience who is prepared to perform basic office duties under direction and work on a casual basis. The hours of work will be determined by the Registrar in consultation with the successful applicant. For further details (including a full position description) please contact the QJA Registrar on 3392 2955. To apply, please send your resume to admin@qja.com.au
Position Vacant Volunteer JP/C.Dec Each weekday, Monday to Friday, between the hours of 11am to 3pm, the QJA office at Woolloongabba provides a JP signing facility for the local community. This service is staffed by volunteer JPs/C.Decs mostly from Brisbane’s southside. To maintain this service, we need additional volunteers who generally work a two hour session (11am-1pm or 1pm-3pm). If you can help, please contact john.carpendale@qja.com.au.
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VOLUME 11 • NUMBER 2 • WINTER 2014
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.
Gold - 50 Years QJA Membership Kevin Bachler
Colin Noller MBE
Jean Piva
Silver - 40 Years QJA Membership Peter Arapantges Alexander Bourke Carmel Bryce
Frank Cutuli Charles Finch
Hugo Fitz-Herbert Kay Franks
Raymond Lawson Richard Nilsson
Michael Scott May Willis
Colin Geiger David Nelson
Michael Steele Allan Stewart
Janice Vesey-Brown
Bronze - 25 Years QJA Membership Robert Archer Paul Beveridge
Marie Dickens Judith Gardner
Welcome to New Members The following have joined the QJA since the last Journal: Martin A’Bell Gregory Abood Mvunda Aind-Irye Madeleine Aldwell Julie Allen Roger Amos Abigail Andersson Michelle Andrews Bradley Archer Matekapiti Aria Emma Arkinstall Caitlin Aspland Carolyn Athanitis Rebecca Atkins Angela Baker Robyn Ballangarry Hien Barby Paul Barnes Carolyn Barritt Charlotte Barron Joanne Barry Christopher Barton John Bell Craig Beyers Rebecca Blacker Justine Blanco Katrina Blewitt Patrick Blizzard Glenda Booker Abigail Booth Julie Boulden Dimitri Bourne Christine Box Shivaun Boyes Andrew Boyle Meegan Bradbury Ronald Brady Rodney Brittain Vicki Brodie Ashleigh Broom Kristine Brown Amy Brown Alison Brown Adam Bryan Robert Bryson Patricia Bubb Hugh Burns Keith Burns Helen Burton Scott Buttel Elliot Byrnes Patricia Cains Scott Campbell Janie Campbell Jodi Carlo Peter Carlton Wanda Carter Brooke Cason Peter Cassels Karen Cate Paul Cato Sonia Chaaya Jing Chen Lukas Christensen Dominic Churchett Danielle Cianetti Jacqueline Clarey Annettea Clark Rhonda Clark
Scott Clayton Julia Clement Graham Clough Linda Colley Claudette Cooper Aaron Cormack Michelle Costin Dorothy Court Elaine Covacevich Marise Crane Courtney Crook Jill Crook Sharon Croxford Deborah Croxford Peter Cruz Maggie Cudanin Karen Cupitt Garry Dann Colleen Dann Victor Davenport Alanna Davies Maurice Davis Jillian Davis Linda Dean-Taylor Kim DeCelis Samuel Delaney Jennie Delany Delma Dewar Beryl Dickson John Donaldson Sharon Douglas Paul Downey Gaylene Doyle Sophie Doyle-Brown Gregory Ducroz Christopher Dummer Scott Duncan Andrew Duncan Aleesha Edmonds Robyn Elliott Felicity Engwicht Leanne Evans Kylie Fardon Bruce Ford Luke Forgie Rebecca Forman Beverley Forrest Rebecca Franklin Kylie Frauenfelder Neale Frazer Paul Freestone Andrew Fuhrman-Luck John Furnell Jack Gaffney Meredith Gardiner Fiona Gardner Natalie Garratt Norman Gehrmann Glenn Genger Serai Gigiba Oska Gilmour Nancy Gonsalvez William Goodchild Julie Goodfellow John Goold Dexter Gose Zachary Grant Rachel Greenslade Kathleen Grehan
Eudo Hadde Michael Hadland Kim Hahn Gavin Hargraves Scott Harper Barbara Harrison Benjamin Hawkins Trent Heath Emmanuel Hegarty Rachel Heinrich Kim Henneker Carol Herring Tami Herring Gordon Hervey Tanya Hibbard Gayle Hill Lorri Hill Maria Hill Wendy Hodges Wesley Hokin Barbara Hokin Rachael Holland Kaylene Holloway Geraldine Hollyman Raul Holmes-Brown Alan Hooper Madonna Humbert Christine Hunt Shannon Hunter Frances Hynes Haydn Jackson Christopher Jacobs Donald James Kathryn James Erich Jeffrey Tracey Jeffrey Sharyn Jenner Lapicha John Kenneth Johnson Melissa Johnson Peter Johnston Mara Johnston Christie Johnston Rhonda Jones Christine Jones-Huston Rudolf Kark Justine Kelly Tammy Kendjelic Kevin Kerrin Cathrine Khayad Lorraine Kieley Mary Kieley Kye Kim Claire Kinnon Suzanne Klaus Jessica Klein Sandra Knudsen Rodney Koch Sandra Laidler Deborah Lancaster Leslie Lang Jacqueline Larkin Geoffrey Larson Susan Lea David Leifer Cameron Leigh-Cooper Brendon Lewis Bin Liang Maria Licitra
Jason Liu Hung Liu Vandra Logan Darren Long Mark Lymb Tori Lyons Heidi MacDonald Trinh Mai Elias Manicaros Lesley Manski MIchael Manski Jennifer Marriott Paul Marstaeller Richard Marszalek Jennifer Martin Justin Martin Judith Martin Hannah Mason Cesira Mastrangeli Nita Matzky-Sting Andrew McAdie Suzanne McCartney Bettina McClymont Heather McCubben Glen McDonald Kerry McFarlane Pamela McGahey Paul McGilvray Lorraine McGregor Gina McIntosh Bernadette McMullen Christopher McWilliam Daniel Meara Tileah Miles Gayle Minniecon Arthur Mitchell-Taylor Damir Mitrovic Lynn Moffat Imraan Mohamed John Moller Rachel MontagueThompson Steven Monteath Rozalind Morgan-Hood Veronica Morrison Emma Morton Glenn Mott Jody Muggeridge Karan Mullins Angella Mundy Pamela Munro Michelle Murthy Philip Naughton Gloria Nicoll David Nilsson Renee North Leone Oakhill Andrew O’Dea Margie O’Hara Tracey Olivieri Michael O’Neill Carol Orr Laurence O’Shea Joanne Owens Mark Paget Lesley Park Michael Partridge Susan Paterson Warren Paulger
Henning Pedersen Tuan Pham Penelope Phillips Gillian Pincott Jo-Anne Pine Miles Poljakow Felicity Pollard Angela Polle Carolyn Polson Kristian Poole Natalie Powder Michelle Preston Megan Pretorius Julie Prideaux Karen Rafter Natalie Raggett Pushpa Raniga Christine Rawcliffe Graham Rawlings Norma Raymer Donna Real Tamara Reed Rachael Reed Diane Reeves Jennifer Rengers Tashka Renouf Simon Reynolds Corinne Richards Devina Richardson Rebecca Richardson Claire Richardson Kelly Richardson Kevin Riley Tania Riseley Naomi Roberts Steven Robinson Veronica Roderick Gayle Roe Kerry Rollason Suzanne Rowe Robyn Sansbury Jodi Saunders Lenore Saunders Yuk Scott Kerry Scott Michelle Seymour Alexa Sharp John Sharp Marilynn Sharp Kate Sheridan Marissa Sherry Deborah Shore Jessica Sichter Amber Simpson Helen Smith Benjamin Smith Morgan Smith Curt Smith Marion Sneddon Leslie Spall Colin Sparkes Robert Speirs Janice Sproson Ashley Stanke Clayton Stenhouse Lynette Stenhouse Shane Stephens Lauren Stevens Penelope Stevens
Justin Stewart Samantha Stokes Alana Stonebridge Nola Strawbridge Jennifer Strike Annette Sugden Rebecca Supple Gurunathan Suthaharan Leeanne Swain Stephen Swift David Sykes Brooke Taylor Jessica Taylor Brent Taylor Noel Teskey Aman Thakur Peter Thiel Peter Thomas Mark Thompson Kate Thompson Larissa Thomson Michael Thomson Belinda Thomson Stephen Tickner Elle Tincknell Anne-Marie Tolsma Jodie Tonkin James Toohey Trevor Torrens Hai Tran Phillip Trojan Kate Truelove Jean-Pierre Turschwell John Upton Jenine van Egdom Robertus van Egdom Peter Varendorff Patricia Varley Harleigh Venables Maria Veneris Shashidhar Venkatesh Murthy Peter Verbakel Belinda Vlaar Kelly Voyka Rama Vytla Taryn Walters Peta Ward Susan Watkin Marshall Watts Shirley Webber Travis White Joan Wicks Kristen Widelewski Elizabeth Wild Glenda Wilkins Jacob Wilkins Taylor Williams Jack Williams Visco Wong Sallyanne Wood Brendan Wood Donna Worger Anita Zhang Yijiong Zhang
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Q&A - Family Law Q1: I am a JP who volunteers at a local shopping centre. Recently, I was approached by a lady with a Divorce Application, a document of some 7 pages which I had not seen before. I could not find a reference to this document in either the JAG Handbook or the QJA Guide. What exactly am I supposed to do with this?
papers) by whatever means (hand, post, electronic etc). We do not show an image here.
A1: The final page of the Family Law Divorce Application document (page 7) is the Applicants’ Affidavit and your primary role is to witness the signing of this page. Even so, as with all documents, you should scan the earlier pages to check for corrections, omissions or blank spaces that need to be addressed in the normal manner.
The third (1 page) is for the service of divorce papers by post (by the applicant). More information follows below.
In the first place, establish if the application is being made by just one party or both. This will determine whether the affidavit is to be signed by one person or two. Either way, the preceding six pages must contain full details on both marriage partners. For the application to be valid, the separation period for the parties must be at least 12 months. Once you are satisfied about the correct content of pages 1-6, you may treat page 7 as a standard affidavit. There are three possible presentation scenarios for the affidavit: • The sole applicant presents to sign • One party to a joint application presents to you • Both parties to a joint application present together If you are processing the sole applicant, only one side of the affidavit needs to be completed (either husband or wife). If you are seeing just one party to a joint application, be aware the other party may have already signed their side (and had it witnessed) or this may occur later (with a different witness). If both parties to a joint application present to see you together, treat each as an individual deponent and witness them separately. For example, one may wish to swear and the other affirm. Q2: In the last year or so, I have been asked to witness several different Divorce Affidavit of Service forms. How many different service documents are there and what are the requirements of each? A2: It is true the different documents associated with the service of Family Law divorce papers can be confusing. But it is important you get it right, so we will try to clarify the situation, The purpose of these documents is to verify to the relevant court (Family Court or Federal Circuit Court) that divorce papers have been served on the respondent. The role of the JP is to witness the relevant affidavit. In essence, there are five (5) different documents that could be involved: • Affidavit of Service (all Family Court documents) • Affidavit of Service by Hand (Divorce) • Affidavit of Service by Post (Divorce) • Acknowledgement of Service (Divorce) • Affidavit Proving Signature (Divorce) Although many of the forms look similar, they are subtly different. The first document is a generic 3 page affidavit covering the service of virtually any family law document (including divorce
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The second is a (2 page) affidavit specific to the service of divorce papers by hand (by somebody other than the divorce applicant). See more below.
The fourth document (Acknowledgement) is completed by the respondent on whom the divorce papers are served. The signing of this form does not need a witness. However, where the completed form is mentioned as an attachment to one of the service affidavits, the “Annexure Note” at the bottom of the form comes into play as explained in the following paragraphs. The fifth document is an affidavit by the divorce applicant verifying the signature on the returned Acknowledgement form is that of the respondent. This affidavit must include the signed Acknowledgement form as an attachment only. The witness to this affidavit must sight the signature on the attached acknowledgement form; however, in this case, it is not an annexure and the Annexure Note should not be completed. Where the divorce papers are served by hand, the service affidavit specifies the method used to verify the identity of the person served (Part C, Q8). The witnessing officer needs to check this section of the affidavit to determine if a signed Acknowledgement form is indicated as a means of identity verification. If so, the Acknowledgement form must be attached. It then becomes an annexure to the affidavit and the witness must also sign the Annexure Note at the bottom of the Acknowledgement form. Where the Acknowledgement form does not form part of the identity verification, the signing of the service affidavit may be witnessed in the usual way, without annexures. Where the divorce papers are served by post, the relevant service affidavit specifically includes reference to the signed Acknowledgement form as an attachment. It thus becomes an annexure to the affidavit, so the witness must also sign the Annexure Note at the bottom of the Acknowledgement form. It is important that the above procedures be followed properly. Failure by the witness to complete and sign the Annexure Note on the Acknowledgement form where it is required, will invalidate the service affidavit. Copies of all the Family Law forms may be obtained from the Family Courts website (www.familylawcourts.gov.au).
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JPs in the UK As mentioned on page 4, QJA Registrar, Angela Yin visited the office of our UK counterparts, the Magistrates Association (MA) when she was recently in England. We thank the MA for the UK system information they provided to the QJA which forms the basis for this article. The history of Justices of the Peace started in Britain in the 14th century when King Edward III introduced, by way of legislation in 1327, the concept of a “peace officer” (a well-regarded community figure performing in a voluntary official capacity) to keep the peace by dealing with minor offences (and thus allow judges the time to handle cases of a more serious nature). By the Statute of Westminster (1361) they became officially justices of the peace as they remain today. In their early days, the justices were the administrative, legal and political deputies of the Crown in the counties. In the British context, the terms “justice of the peace” and “magistrate” are interchangeable. Each JP is a magistrate and vice versa. In comparison to the Australian situation, UK magistrates are unpaid and mostly lay (non-legally qualified) officials who adjudicate on minor civil and criminal cases. Although most Queensland JPs generally perform roles that are essentially administrative and non-judicial, it is important to appreciate that the powers bestowed on a JP (Qual) do include the authority to participate in the following judicial functions: • Queensland Civil and Administrative Tribunal (QCAT) hearings (where the value of the matter in dispute in lesst han$5,000) unde rt het rialc urrently beingc onducted by the Queensland Government (see story on pages 9-10) • Magistrate Court proceedings: • Domestic Violence Protection Consent Orders
• Temporary Domestic Violence Protection Orders • Bail applications In addition, Queensland justices holding the office of JP (Mag Ct) have authority to participate in an even wider range of minor bench and non-bench judicial functions. Their role is closest to that of a magistrate in the UK context. The common thread between the UK and Australian models is that the efficient running of our justice administration systems relies on the full-time, legally-qualified lawyers and judges being supported by highly-motivated, highly-regarded and trustworthy (but unpaid, non-legally-qualified and part-time) individuals to perform the less serious administrative and minor judicial roles. In both jurisdictions, the officers performing these important functions are called Justices of the Peace. Justices of the Peace in the UK are appointed only where a vacancy exists in a court within a particular community. Although initially appointed to a specific local court, it is not uncommon for magistrates to transfer between courts. The decision makers on the appointment/ transfer of magistrates to the different court areas are called Local Advisory Committees. Each case is usually heard by a bench of three magistrates, one of whom is trained to act as chairperson. The training required to become a magistrate takes about 18 hours or three full days. Each magistrates’ bench is supported by a qualified legal adviser. There are about 23,000 magistrates (JPs) in England and Wales and the bulk of them are members of the Magistrates Association. Editor
Regional Roundup Bowen
Queensland Justice Association members in Bowen, Nth Qld, as well as volunteer JP’s in the Community, recently attended two workshops in Bowen on Enduring Powers of Attorney and Advanced Health Directives, which were conducted by Ms Adeline Phelan who is the Community Training and Support Officer at the Department of Justice and Attorney General in Townsville. Those Justices of the Peace who attended were also able to raise other relevant topics for discussion. These workshops are an invaluable means of training and also keeping abreast of changes that occur. They were thoroughly enjoyed and appreciated by all JPs who attended. Anne Maree Bligh, Chair, QJA Bowen
Rockhampton Recently the Stockland Rockhampton Signing Facility celebrated more than 8 years of service to the community. Mr David Fenwick, the Centre Manager for Stockland Rockhampton, invited the present and past volunteer Justices of the Peace and Commissioners for Declarations to a celebratory morning tea. Raymond Young OAM JP(Qual), past Chairman of the Rockhampton Branch of the QJA
who presided over the commencement of the service, invited the Rockhampton Regional Council Mayor Margaret Strelow (who officially opened the Signing Facility over 8 years ago) to attend the celebration. Raymond welcomed Mayor Margaret Strelow, Amanda Tippins-Kirk, Marketing Manager at Stockland Rockhampton and the Stockland Staff present and fellow volunteers. Mayor Strelow congratulated Stockland Rockhampton and the volunteers on their contribution to the community and one of the original volunteer JPs, Noel Zangari, spoke about his experiences from day one. Raymond presented QJA gifts to the Mayor, Amanda, and in his absence, the Centre Manager of Stockland Rockhampton, David Fenwick. Raymond thanked the Mayor for coming, Amanda and the Stockland staff for the morning tea. As Chairman, Raymond Young OAM JP(Qual) worked very hard to establish the Signing Facility, with the assistance of Noel Cain JP (Qual) who was the Branch Trainer. When they went to the shopping centre, Raymond realised he knew the former Manager Sue McGregor. Sue agreed and asked ‘When can you start’. Sue introduced them to her Marketing Manager Celina Urquhart who made arrangement to have a Signing Facility established within the complex for the convenience of those people seeking assistance to have legal documents witnessed by a JP or C.Dec. Looking for volunteers was the next task. After a few advertisements in the local paper, the response was four volunteers. Raymond and Noel felt that this gave the Branch the opportunity to operate on one Serving Queensland’s Honorary Justices since 1918
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Regional Roundup day. Raymond contacted Celina, and informed her that the Signing Facility could operate on a Wednesday. The Signing Facility took over the security room upstairs. At the opening, Celina Urquhart was master of ceremonies and welcomed the Mayor Margret Strelow and JPs and thanked Raymond and his fellow JP’s for making this service available to the customers. She said that every day people come into the information centre looking for a JP. Celina invited the Mayor to officially open the Signing Facility. The Mayor congratulated the JPs and members of the QJA Rockhampton Branch for making themselves available for this service and invited Raymond to share in cutting the ribbon. The Signing Facility was officially opened on the 13th July 2005. Celina thanked the Mayor for assisting with the opening, and for being with the members on this special occasion. Raymond thanked the Marketing Manager Celina and Manager of Stockland Sue McGregor for the tremendous support which was shown to fellow JPs and himself. We inspected the complex then had morning tea as guests of management. The first customer was booked for 10am and there were five on the first day. One day, a person in a wheel chair wanted to have a document signed, so Raymond asked if a buzzer could be installed at the door, enabling the JP on duty to be alerted that there was someone downstairs requiring assistance. The Capricorn Local News put a story in about the Signing Facility. This added another seven volunteers, so Raymond arranged another meeting at his residence. A roster was drawn up and everyone present selected what days they would like and the Signing Facility was opened on three days instead of one. Raymond was delighted and contacted Celina once again and informed her that the Signing Facility would now operate on three days, Wednesday and Thursday from 10am to 2pm and Saturday mornings from 10am to 12 noon. The volunteers were JP(Qual) & JP(C.Dec): Alan Andrews, Noel Cain, Gloria Carige, Jane Comollatti, Peter Eastwood, Claire Harmsworth, Philip Hobbs, Alan Knox, Ian Power OAM, John Rogers, Col Whitby, Raymond Williams, Noel Zangari and Raymond Young OAM. After a few months, we were moved into the community Room where it suited everyone. More JPs came forward and we now operate six days a week. Today, we operate under the JPs in the Community program with fourteen JP(Qual) & JP(C.Dec): Alan Andrews; Philipa-Mary Bowkell; Donna Clark; Bryce Davey; Janette Dobson; Graeme Dougan; Antonia Haselton; Allyson Holmes; Karen Jones; Marilyn Knight; Diane Lancaster; James Lindley; Lorraine McConachy; Jane Marshall; Emily Searle-Hill; Rachael Stegemann; Linda Whyte and Noel Zangari. After over 8 years we have signed over 560,000 various documents ranging from Certifying Documents to Land documents etc.
attending. Invited guests included the Registrar of the Rockhampton Magistrate Court, Mark Morrow, a member of the QJA, who spoke on Complaint and Summons under the Peace and Good Behaviour Act 1982 and Protection Order Applications under the Domestic and Family Violence Protection Act 2012. This was excellent in providing insight into the world of the courts. Cavill Heywood presented two different scenarios: Q1. What are the sample questions to ask when considering an Enduring Power of Attorney? and Q.2 You are approached by a deponent who tells you he has received a traffic infringement notice in the mail, for a speeding offence. He now requests you to witness his signature on the statutory declaration. What items must be paid attention to when you witness these statutory declarations? John Warman spoke on Code of Behaviour for Bridging Visas, and placing Interpreters under Oath or Affirmation. Lance Watson conducted Question Time, Search Warrants, and many other items of interest. Raymond Young OAM presented Certificates of Attendance to all present. Both articles by Raymond Young OAM, QJA Director (ray.young@qja.com.au)
Caboolture The Caboolture Branch has announced the dates for two upcoming workshops: June 14 - Refresher morning at Morayfield East State School from 0900 -1200. Subject covered will be -Warrants, Peace and Good Behaviour & Affidavits. No charge August 23 - All Day Workshop at Morayfield East State School. Morning Tea, Lunch & afternoon tea will be provided. There will be a number of subjects covered that day. Cost $ 20.00 Registration forms are available on the QJA website (www.qja.com.au) Ron Court, QJA Director (ron.court@qja.com.au)
Hornibrook There is little doubt that the demand for JP/C.Dec services and the complexity of these services is ever-growing. In response to increasing numbers arriving daily in our beautiful Bay suburbs and adjacent areas of north Brisbane, a new signing centre was established in Redcliffe Library during April (shown pictured with volunteer Bonita Thomson). The library contacted JP Branch in January 2014, expressing an interest in hosting a JPs in the Community Program signing site. Following a visit to the library later in that month that included discussion with library representatives, JP Branch was pleased to proceed to establish the site.
Amanda Tippins-Kirk, Raymond Young OAM, Mayor Margaret Strelow and Noel Zangari C.Dec. Rockhampton Workshop On the 12th April a Seminar & Refresher workshop was held at the Athelstane Bowls Club with twenty-nine JP (Qual) & C.Dec 14
A volunteer recruitment drive was undertaken in March 2014, and was met with an encouraging response from JPs in the area. The outcome was to form a team of 8 volunteers and the site officially commenced on Monday, 7 April 2014. Now up and running on Mondays and Tuesdays (11am-2pm), the signing centre at Redcliffe Library, welcomes all members of the public and enquiries can be made to the library on (07) 3283 0311 or drop in at 476 Oxley Ave, Redcliffe QLD 4020. Lisette Dillon, Hornibrook Branch Secretary
Serving Queensland’s Honorary Justices since 1918
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Loganholme & Logan 10 years at Logan Hyperdome The Loganholme Contact Group is proud to announce the 10th anniversary of QJA signing activities at the Logan Hyperdome. Pictured in their new “office” are John Bailey and Pauline Harris. Logan Workshop Saturday 3 May saw the first of two workshops completed by the Logan Branch. With about 45 members in attendance, members were trained in the topics of Peace and Good Behaviour Complaints and Summonses and Family Law Court documents. After an entertaining opening address by QJA Director Marian Vierveyzer, the group received a detailed presentation from Mr Damien Mealey, Manager and Registrar JP Branch, Department of Justice and Attorney-General on the topic of Peace and Good Behaviour. At the conclusion of the presentation members formed groups and worked on 2 different scenarios. An excellent subject where members felt that they had learned so much on a topic about which they had little knowledge. The second topic of Family Law Court documents was presented by QJA President Mr Keith Revell. Whilst this is a complex topic at the best of times, Keith provided participants with a step by step guide on the requirements of a JP when dealing with these documents. With another couple of scenarios for members to work on, it was interesting to see the members reactions as to the attention to detail a JP must focus on when dealing with Family Law Court documents. On behalf of the Logan Branch we thank Damien and Keith for volunteering their time to make the presentations. The next workshop for the Logan Branch is set down for early September. Details of the workshop will appear on the QJA Website in the near future. David James, Logan Branch Secretary
Toowoomba QJA Toowoomba comes to the aid of Red Cross The Australian Red Cross recently sought the assistance of the QJA Toowoomba Branch to assist refugees at an immigration seminar held in Toowoomba. The 97 refugees from 13 countries sought sanctuary from their worn-torn life for a better life for them, and their families, in Australia. Australian Immigration regulations required the refugees to complete essential documentation as part of their respective visa applications. The documentation required completion by a JP and certification of photographic ID and address. Due to the strict time restrictions, the Red Cross needed the attendance of several JPs at one time to complete the many documents within a very short period of time. Ms Lyne Eddy from the Red Cross’ Migration Support Program in Brisbane made contact with QJA Toowoomba Chairman, Mr Peter Boyes to ascertain whether it was possible. Within a short period of time, QJA Toowoomba rallied and confirmed they were able to help.
On a very wet and miserable day in Toowoomba, QJA Toowoomba members Mrs Lynne Cain C.Dec, Mr Bruce Arthur JP(Qual), Mr Ken Telford JP(Qual) and Mr Peter Boyes JP(Qual) gave their time to help the Red Cross and the refugees. As many of the refugees did not speak any English, members showed great initiative to gap the language barriers to achieve the necessary documentation completion. With the grateful assistance of all concerned, the members effectively and efficiently completed all necessary certification of Immigration forms for all 97 present, in under an hour. The Red Cross expressed sincere thanks to the QJA Toowoomba Branch for helping at such short notice and to the extent that the program was successfully accomplished. This platform of aid is part of the Australian Red Cross assistance program to relocate refugees in the Darling Downs and Lockyer regions. Passing of dedicated QJA Toowoomba member QJA Toowoomba Branch members mourn the passing Mr Allan Reynolds C.Dec on 16 February 2014. Allan was a dedicated and active Branch member who regularly attended QJA meetings and actively participated in the ‘JPs in the Community’ program at the Clifford Gardens Shopping Centre, Toowoomba. The local hospital and RSL also gained from his desire to serve his community as a Commissioner for Declarations and his commitment for the preservation of veterans’ rights. Allan was sworn in as a C.Dec on 31 July 2009 and joined the QJA on 24 August 2009. Loss of physical health and mobility did not faze Allan. Over the years, he slowed down as his youthful vigour waned. Allan would eagerly show at up at meetings and the signing centre on his beloved electric scooter ‘Henry (Ford)’. Allan’s love of being a C.Dec and serving his community reflected his contribution and devotion to the QJA. Despite being infirmed and confined to bed in hospital, Allan contacted the signing centre coordinator to apologise for being unable to attend to his rostered day at the desk. It is unfortunate that Allan never made it out of hospital this time. Allan served for over 20 years in the Royal Australian Air Force, achieving the rank of Warrant Officer. After a full career and many postings around Australia, Allan and his family settled in Toowoomba. Allan was 72 years old. Both articles by Peter Boyes, Chairman QJA Toowoomba Branch
Gympie Gympie Branch of QJA will be holding entry level training sessions on 12th, 19th, and 26th July 2014 at Community Place, Excelsior Road in Gympie. Chris Lancaster will be the trainer. We will supply morning and afternoon tea but the participants need to bring their own lunch. Gympie Central Shopping Centre is almost next door if you need a hot lunch. Please contact Chris Lancaster on 0448 505 404, the Registrar at Woolloongabba (07) 3392 2455 or Daphne Horne at (07) 5482 7824.
Bundaberg Dave Read, QJA Vice President (david.read@qja.com.au) is pleased to announce the establishment of new QJA Contact Groups at both Howard and Woodgate in the Bundaberg region. See page 16 for details.
Brisbane In the last edition of the Journal we called for expressions of interest in forming a QJA Brisbane City Centre Branch. To date there has been just one response. If you are also interested, please let me know. John Carpendale. QJA Director (john.carpendale@qja.com.au)
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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
SOUTH PINE BRANCH Phyllis Hall southpine@qja.com.au Telephone: (07) 3264 4436
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 BURNETT BRANCH Debbie-Lee Jackson southburnett@qja.com.au Telephone: (07) 4162 7977
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
TIN CAN BAY CONTACT GROUP Rod Ehrke tincanbay@qja.com.au Telephone: (07) 5486 2743
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
TOOWOOMBA BRANCH Peter Boyes toowoomba@qja.com.au Telephone: (07) 4638 0709
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
HOWARD CONTACT GROUP Carrol Bond howard@qja.com.au Telephone: 0411 743 585
CAIRNS CENTRAL BRANCH Margaret Neville cairns@qja.com.au Telephone: (07) 4045 2333
IPSWICH BRANCH Deanna McDonald ipswich@qja.com.au Telephone: 0408 195 277
CAIRNS SOUTH BRANCH Meredith Gardiner cairnssouth@qja.com.au Telephone: (07) 4041 6228
INGHAM CONTACT GROUP Siobhan Pelleri ingham@qja.com.au Telephone: 0438 102 962
CALOUNDRA BRANCH Irene White caloundra@qja.com.au Telephone: (07) 5491 1146
LOGAN BRANCH David James logan@qja.com.au Telephone: 0421 310 287
FOREST LAKE CONTACT GROUP Jeff Foster forestlake@qja.com.au Telephone: (07) 3372 4838
LOGANHOLME CONTACT GROUP Pauline Harris loganholme@qja.com.au Telephone: (07) 3341 5555
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
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 WOODGATE CONTACT GROUP Maxwell Emery woodgate@qja.com.au Telephone: 0408 728 867 WYNNUM MANLY BRANCH Don Hann wynnummanly@qja.com.au Telephone: (07) 3390 4278
ROSEWOOD CONTACT GROUP Alan Broughton rosewood@qja.com.au Telephone: (07) 5464 2007
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 Lismore Paul Beckey lismore@qja.com.au 0428 560 467
Queanbeyan Beverley Jones queanbeyan@qja.com.au 0418 198 441
VIC
Adelaide Noel J. Lindsay adelaide@qja.com.au 0407 507 773
Devonport Dennis Wheelton devonport@qja.com.au 0418 334 431
Melbourne (Langwarrin) Robert Bolch melbourne.1@qja.com.au 0412 155 634
Adelaide Hills Fred Braun adelaide.hls@qja.com.au (08) 8389 9462
Hobart Barrie Bell hobart@qja.com.au 0419 395 796
Melbourne (Glen Waverley) Simon Bullimore melbourne.2@qja.com.au 0419 756 780
Victor Harbor Timothy Barclay victor.harbor@qja.com.au 0403 134 290
Launceston Vanda Stevenson launceston@qja.com.au 0417 707 330
Jabiru Karen Beare nt@qja.com.au 0417 891 226
Sydney (North West) Sharon Atkins sydney.2@qja.com.au 0417 479 412
SA
Sydney (Western Subs) Marie McCabe sydney.3@qja.com.au 0434 992 107
Moree Lyn Zillman moree@qja.com.au 0428 274 182
TAS
Sydney (Inner West) Jim Elmore sydney.1@qja.com.au 0408 870 721
NT
Alice Springs Elizabeth Milton alicesprings@qja.com.au 0428 533 379
Deloraine Annette Powell deloraine@qja.com.au 0427 158 648
Bendigo Richard Lancaster bendigo@qja.com.au 0407 345 472
INTERNATIONAL CONTACT INFORMATION Hong Kong Luca Ferreiro hong.kong@qja.com.au 16
New Zealand Allana Waldin nz@qja.com.au
Thailand (Bangkok) Heather Clarke thailand@qja.com.au
UK (London) Derek Hill london@qja.com.au
USA (Texas) Tanya Conole usa@qja.com.au
Serving Queensland’s Honorary Justices since 1918
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