VOLUME 11 • NUMBER 4 • SUMMER 2014
INSIDE
THIS ISSUE 2 BOARD of DIRECTORS,
Company Information
3 PRESIDENT’S REPORT
NEWS IN BRIEF
5 ADDRESS BY CHIEF JUSTICE HON. TIM CARMODY
2014 STATE CONFERENCE - A GREAT SUCCESS The QJA State Conference, held this year at the Redlands Sporting Club, Wellington Point, was once again a very successful event, attracting more than 180 delegates. A full report on the Conference is included on pages 6-7. The 2014 Conference was also successful in attracting high profile representatives from Local Government, State Parliament, State Cabinet and the Judiciary. To open Conference proceedings, attendees were addressed by the Redland City Mayor, Cr Karen Williams, three local members of State Parliament (Dr Mark Robinson MLA, Mr Steve Davies MLA and Mr Peter Dowling MLA), State Attorney-General, the Hon. Jarrod Bleijie MLA and the Chief Justice of Queensland and QJA Patron, Hon. Tim Carmody (presentation reproduced on page 5). Pictured at Conference L to R are: Dr Mark Robinson MLA, State Attorney-General Hon. Jarrod Bleijie MLA, Chief Justice Hon. Tim Carmody. QJA Senior Vice President Ray Burrows, QJA Redlands Branch Chairman Ian Hawes and QJA President Keith Revell.
6 2014 STATE CONFERENCE REPORT 8 ADDRESS BY JUSTICE DAVID THOMAS 10 2014 AGM -PRESIDENT’S REPORT & MINUTES 12 TRIBUTE TO BOB PILKINGTON 13 ROLL OF HONOUR 14 Q&A 15 REGIONAL ROUNDUP VALE 16 REGIONAL CONTACTS
Helpful Phone Numbers
INSERTS NOTICE OF EGM & PROXY FORM
QCAT PRESIDENT SATISFIED WITH JP TRIAL In early October 2014, QJA hosted the annual conference of the Australasian Council of Justices’ Associations (ACJA), attracting delegates from all the Australian States and Territories and New Zealand. At the Conference Dinner on Saturday 4th October, delegates were treated to a wonderful presentation by Justice David Thomas, President of the Queensland Civil and Administrative Tribunal (QCAT). In his speech (reproduced in full on pages 8-9), Justice Thomas outlined his satisfaction with the success achieved thus far in the ongoing QCAT trial of using JPs as small claims adjudicators.
EGM (EXTRAORDINARY GENERAL MEETING) CALLED As explained in detail in the insert to this issue of the Journal, the QJA Board has resolved to call an Extraordinary General Meeting at 5pm on Monday 26 January 2015. The purpose of this meeting is to consider a proposed change to the QJA Constitution to allow the acceptance of member votes in either electronic or postal format. Under the current wording of the Constitution, postal votes only are allowable.
FAREWELL & THANK YOU - BOB PILKINGTON After fourteen years as a QJA Director (including four as President and six as Vice President), Bob Pilkington has decided to call it a day. Tributes to Bob’s achievements with the QJA Board are included in the President’s Report (page 3) and a special article on page 12.
Serving Queensland’s Honorary Justices since 1918
Mobile
d of Patron Directors Our
Telephone (07) 3389 2481 Email Mobile 0415 418The 320Hon Paul de Jersey, AC, Chief Justice of Queensland EmailOF THE marian.vierveyzer@qja.com.au CHAIRMAN BOARD
JP (Qual)
&ey, AC, Chief Justice of Queensland
0405 624 648 ray.young@qja.com.au
DIRECTORS l) Telephone (07) 3822 1366 499 016 Mr John Gordon JP (Qual) Telephone 0409 (07) 4927 4155 M JP (Qual) Mobile Email ray.burrows@qja.com.au Mobile 0405 624 648 Mobile: 0415 589 AC, 047Chief Justice of Queensland The Hon Paul de Jersey, PRESIDENT & CHAIRMAN THE of BOARD Email ray.young@qja.com.au The Hon Tim Carmody, ChiefOF Justice Queensland Email: john.gordon@qja.com.au
Our Our Patron Board of Patron Directors
rd of DirectorsMr Ray Burrows JP (Qual)
VICE PRESIDENTS T & CHAIRMAN OF THE BOARD DIRECTORS Telephone (07) 3812 1865 ual) Qual) Telephone (07) 3822 1366
Telephone (07) 3822 1366 Mobile 0409 499 016 Email ray.burrows@qja.com.au
Board of Directors Board of Directors
MrDavid KeithRead Revell JP (Qual) Mobile 0409 499121 016865 Mobile 0438 Mr JP (Qual) al) PRESIDENT Email ray.burrows@qja.com.au Telephone: (07) 3803 4337 Email bob.pilkington@qja.com.au Telephone: (07) 4152 3318 (AH) Telephone: VICE PRESIDENTS Mr PRESIDENT Keith Revell JP&(Qual) 3803 4337 CHAIRMAN OF THE(07) BOARD Mobile: 0411 134 841 Mobile: 0405 252 135 .com.au Mobile: 0411 134 841 Telephone (07) 3812 1865 Mr Mr BobRay Pilkington BurrowsJP JP(Qual) (Qual) Telephone (07) 3822 1366 VICE PRESIDENTS Email: dave.read@qja.com.au Email: keith.revell@qja.com.au Email: keith.revell@qja.com.au Past President Mobile Mobile 0438 0409121 499865 016 Telephone (07) 3389Immediate 2481 P (Qual)
P (Qual) dent
al) 37
Mr David Read JP (Qual) Telephone: (07) 4152 3318 Mobile: 0405 252 135 Email: dave.read@qja.com.
Mr John Carpendale JP(Qua Telephone (07) 3353 2927 Mobile 0419 683 325 Email john.carpendale@qja
Our Patron
Telephone (07) 3812 1865 Email bob.pilkington@qja.com.au Email ray.burrows@qja.com.au AC, Chief Justice of Queensland Mobile 0415 Mobile 0438 121418 865320 Mr John Carpendale JP(Qual) SENIOR VICE PRESIDENT The Hon Paul de Jersey, Mr Christopher Porter JP(Q Mr Doug Hull JP (Qual) Email bob.pilkington@qja.com.au Email marian.vierveyzer@qja.com.au
Telephone (07) 3353 2927 Mr Ray Burrows (Qual) Telephone: (07) 3822 1366 Mobile: 0419 148 189 (07)JPJP 4128 VICE PRESIDENTS Telephone (07) 3389 2481 MrsTelephone: Marian Vierveyzer (Qual)0294 Mobile: 0409 499 016 Mobile 0419 683 325 Mobile 0415 418 320 Email: chris.porter@qja.co Email: doug.hull@qja.com.au Telephone (07) 3812 1865 Bob Pilkington JP (Qual) Telephone (07) 3389 2481 Mr er JP (Qual) Email: ray.burrows@qja.com.au com.au Email john.carpendale@qja.com.au M JP (Qual) Telephone (07) 4927 4155 Immediate Past President Email marian.vierveyzer@qja.com.au Mobile
Email Mobile Email
0415 418 320 marian.vierveyzer@qja.com.au 0405 624 648
Board of Directo
Our Patron Mobile Email
0438 121 865 bob.pilkington@qja.com.au
Mobile
0415 418 320
PRESIDENTS Mr Christopher PorterVICE JP(Qual) ray.young@qja.com.au PRESIDENT & CHAIRMAN OF THE BO 0419 189JP (Qual) 94 Telephone (07)0419 4927148 4155 MrMobile: Raymond Young148 OAM Mr Christopher Porter JP (Qual) Mobile: 189 Telephone (07) 3389 2481 Mrs Marian Vierveyzer JP (Qual) Telephone (07) 4927 4155 OAM JP (Qual) Mr Ray Burrows JP (Qual) Telephone (07) 382 The Hon Paul de Jersey, AC, Chief Justice of Queensland 624 6481839-2784 Email: chris.porter@qja.com.au om.au QUEENSLAND JUSTICES ASSOCIATION - ACN 009Mobile 666 Email: 5590405 –chris.porter@qja.com.au ISSN
Mobile 0405 624 648 Mobile 0409 49 Email ray.young@qja.com.au DIRECTORS Email marian.vierveyzer@qja.com.au Email ray.young@qja.com.au Email ray.burr Mr Mr David Read JP (Qual) David Read Telephone: (07) 4152 3318 (AH)by l) Queensland The Justices Association (QJA) isJP a (Qual) not-for-profit public company limited DIRECTORS Mobile: 0405 252 135 Telephone: 4152 3318 (AH) DIRECTORS 09 666 559operating – ISSN 1839-2784 VICE PRESIDENTS (07) 4927 Mr Raymond(07) Young OAM JP (Qual) uarantee under theMrCorporations Act 2001 and Telephone is governed by a4155 of Directors. MrBoard David Read JP (Qual) John Gordon JP (Qual)
Board of Directors
Email:0405 david.read@qja.com.au Mobile: 252 135 com.au Mr David Read0405 JP (Qual) Qual) Mobile 624 648 Mr Bob Pilkington JP3318 (Qual) Telephone: (07) 4152 (AH) Mobile: 0415 589 047 Telephone: (07) 4152 3318 (AH) 7 Email: dave.read@qja.com.au Email ray.young@qja.com.au Immediate Past President r-profit public company limited by Mobile: 0405 252 135 Email: john.gordon@qja.com.au PRESIDENT & CHAIRMAN OF THE BOARD Mobile: 0405 252 135 @qja.com.au Registered Office: 751 Stanley Street, Woolloongabba, Qld 4102.Email: dave.read@qja.com.au Email: dave.read@qja.com.au l)nd is governed by a Board of Directors. John Carpendale JP(Qual) DIRECTORS MrMr Ray Burrows JP (Qual) Telephone (07) 3822 1366
Telephone (07) 381 Mobile 0438 12 Email bob.pilk
ostal Address: PO Box 8419, Woolloongabba, Qld 4102 DIRECTORS Telephone (07) 3353 2927 Mobile 0409Mr 499Ron 016Court Mr Keith Revell JP (Qual) Mr Carpendale JP(Qual) JP (Qual) Mr John Carpendale JP (Qual) Mr John Carpendale MrJohn David Read JP (Qual) Mr John GordonJP(Qual) JP8.30am (Qual) Office Hours: Monday – (07) Friday to 4.30pm Telephone (07) 338 Mrs Marian Vierveyzer JP (Qual) ongabba, Email ray.burrows@qja.com.au Telephone: 3803 4337 Telephone (07) 3353 Mobile 0419 683 325 Telephone: (07) 5499 0697 Telephone: (07) 3353 2927 4337 Qld 4102. Telephone (07) 3353 2927 Telephone: (07) 41522927 3318 (AH) Mobile: 0415 589 047 Mobile 0415 41 Contact: Free call: 1800 061 423 Telephone: (07) 3392 2455 Facsimile: (07) 3392 2955 Mobile: 0411 Mobile 0419 683 325 Mobile: 0419 679 619 1 Mobile 0419 683 325 Mobile: 0419 683134 325841 bba, Qld 4102 com.au Email john.carpendale@qja.com.au Mobile: 0405 252 135 Email: john.gordon@qja.com.au Email marian.v Email: keith.revell@qja.com.au Email Email john.carpendale@qja.com.au Email: john.carpendale@qja.com.au ron.court@qja.com.au Email: john.carpendale@qja.com.au Email: dave.read@qja.com.au Email: admin@qja.com.au oqja.com.au 4.30pm VICE PRESIDENTS Mr Christopher Porter JP(Qual) Telephone: (07) 3392 2455Mrwww.qja.com.au -Doug Facsimile: (07) 3392 2955 Mr Christopher Porter JP(Qual) ual) Mr Christopher Porter JP(Qual) Mr Doug Hull JP (Qual) Website: Telephone (07) Mr Raymond Young OAM JP (Qual) Hull JP 0419 (Qual) 3812 1865 Mr Bob Pilkington JP(Qual) (Qual) Mr Keith Revell JP Mr John Carpendale Mr Raymond Young JP(Qual) OAM JP (Qual) Telephone (07) 492 Mobile: 148 189 94 Mobile: 0419 148 189 0294 Mobile: 0419 148 189 Telephone: (07) 4128 0294 Telephone: (07) 4927 4155 Telephone: (07) 4128 0294 Immediate Past President Telephone: (07) 3803 4337 (07) 3353 2927 0438 121 Telephone 865 acebook: www.facebook.com/QldJusticesAssn Mobile 0405 62 Email: chris.porter@qja.com.au Mobile m.au Email: chris.porter@qja.com.au a.com.au Email: Email: doug.hull@qja.com.au Mobile: chris.porter@qja.com.au 04050419 624683 648325 Email: Mobile: doug.hull@qja.com.au 0411 134 841 Mobile Email bob.pilkington@qja.com.au Email ray.youn Registrar: Angela Yin BA (Journalism), GradDipSocAdmin, Cert IV TAE, Cert IV Email: MHumanServ, ray.young@qja.com.au Email: keith.revell@qja.com.au Email john.carpendale@qja.com.au
37 Qual)
ticesAssn Mrs Marian Vierveyzer JP (Qual) Christopher Porter JP(Qual) Doug (Qual) DIRECTORS m), MHumanServ, CertHull IVJPTAE, Cert IV Fin Telephone Serv, JP (Qual) (07) 3389Mr 2481 MrsMrMarian Vierveyzer JP (Qual) N 009GradDipSocAdmin, 666 559 – ISSN 1839-2784 QUEENSLAND JUSTICES ASSOCIATION ACN 009 666behalf 559 – ISSN 1839-2784 Telephone: (07) 3389 2481 Mobile: 0419Keith 148 Telephone: (07) 4128 0294 09 666 559 – ISSN 1839-2784 Mobile 0415|418Editor 320John Mr The QJA Journal is compiled by an Editorial Board on of the QJA. Revell Mr Gordon JP189 (Qual) Mobile: 0415 418 320 Email: doug.hull@qja.com.au
Email: chris.porter@qja.com.au marian.vierveyzer@qja.com.au Mobile: 0415 589 047
-for-profit public limited by Queensland Email: Revell marian.vierveyzer@qja.com.au The expressed in articles & advertisements published in the QJA Journal are not necessarily the views of the Queensland Jus alf views of the QJA. company | Justices Editor Mr Keith The Association -profit by (QJA) is a not-for-profit public company limited by Email: john.gordon@qja.com.au 1 and is public governedcompany by a Boardlimited of Directors. rthe theguarantee Board of Directors.© Queensland Justices Association claims all material published in this Journal. No materi operating under the Corporations Act 2001 and is governed bycopyright a Board of to Directors. Journal are not necessarily the views of the Queensland Justices Association nd isQJA governed by a the Board of Directors. Telephone (07) 4927 4155 Mr Raymond Young OAM JP (Qual) eproduced without written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au claims copyright to all material published in this Journal. No material may be copied or QUEENSLAND JUSTICES ASSOCIATION - ACN 009 666 559 – ISSN 1839-2784 loongabba, Qld 4102.
Mobile 0405 624Mr 648Keith Revell JP (Qual) Registered Office: to The751 Stanley Street, Woolloongabba, Qld 4102. iries should be addressed Editor at editor@qja.com.au gabba, Qld 4102 Telephone: (07) 3803 4337 rinted by Zink Print. PO Box 236, Kallangur QLD 4503. Phone 0437 777 079 or visit us at www.zinkprint.com.au. Qld 4102. JusticesPO ray.young@qja.com.au Postal Address: Box 8419,(QJA) Woolloongabba, Qld 4102 The Queensland is a not-for-profit publicEmail company limited by mngabba, to 4.30pm hone 0437 777 079 or visit us at Association www.zinkprint.com.au. Mobile: 0411 134 841 Office Hours: – Friday 8.30am to 4.30pm ba, Qld 4102 guarantee under the Corporations Act2955 2001 and is governed by a Board of Directors. - Telephone: (07)operating 3392 2455 -Monday Facsimile: (07) 3392 Email: keith.revell@qja.com.au Contact: Free call: 1800 061 423 - Telephone: (07) 3392 2455 - Facsimile: (07) 3392 2955 4.30pm DIRECTORS Email: Mr Doug Hull JP (Qual) Registered Stanley Street, Woolloongabba, Telephone: (07) Office: 3392 2455admin@qja.com.au -751 Facsimile: (07)JP 3392 2955 Qld 4102. Mr David Read JP (Qual) Mr John Gordon (Qual) ving Queensland’s Honorary Justices Telephone: (07) 4128 0294 JusticesAssn Website: www.qja.com.au Postal Address: PO Box since 8419, 1918 Woolloongabba, Qld 4102 Telephone: (07) 4152 3318 (AH) Mobile: 0415 589 047 Email: doug.hull@qja.com.au lism),Facebook: GradDipSocAdmin, MHumanServ, Cert–IV TAE,8.30am Cert IVtoFin Serv, JP (Qual) www.facebook.com/QldJusticesAssn Office Hours: Monday Friday 4.30pm Mobile: 0405 252 135 Email: john.gordon@qja.com.au Contact: Free Yin call: BA 1800 061 423 - GradDipSocAdmin, Telephone: (07) 3392MHumanServ, 2455 - Facsimile: (07) 3392Cert 2955 Registrar: Angela (Journalism), Cert IV TAE, IV Fin Serv, JP (Qual) Email: dave.read@qja.com.au
icesAssn Email: behalf of the QJA. | Editor Mr Keithadmin@qja.com.au Revell m), GradDipSocAdmin, MHumanServ, Cert IVon TAE, Cert IV Fin Serv, JUSTICES JP (Qual) Website: www.qja.com.au Mr Keith Revell JP (Qual) Mr John Carpendale JP(Qual) QUEENSLAND ASSOCIATION - ACN 009 666 559 – ISSN 1839-2784 d in the QJA Journal are not necessarily of the Queensland Justices Association The QJA Journal is compiled bytheanviews Editorial Board behalf of the QJA. | Editor Mr Keith Revell
Facebook: www.facebook.com/QldJusticesAssn on claims copyright to all material published in this Journal. No3803 material may be copied or Telephone: (07) Telephone (07) 3353Justices 2927 Association Registrar: Wendy La Macchia B. Bus (Accounting), AIMM, (Qual) the views Theshould views expressed & advertisements published in4337 the QJA Journal are notJPnecessarily of the Queensland nquiries be addressedintoarticles The Editor atMobile: editor@qja.com.au Registrar: Angela Yin0411 BA134 (Journalism), GradDipSocAdmin, MHumanServ, Cert IV TAE, 841 Mobile 0419Cert 683 IV 325Fin Serv, JP (Qual)
The Queensland Justicespublished Association (QJA) is a No not-for-profit company limited the QJA. Board of|Directors.© Queensland Justices Association claims copyright to all material in this Journal. material maypublic be copied or alf oforthe Editor Mr Keith Revell
3. Phone 0437 777without 079 or visit us at www.zinkprint.com.au. Email: keith.revell@qja.com.au Email john.carpendale@qja.com.au reproduced the written consent of the QJA. All enquiries guarantee should be addressed The Editor at editor@qja.com.au operatingtounder the Corporations Act 2001 and is governed by a Board of D The QJAare Journal is compiledthe by an Editorial Board on behalf of the QJA. | Editor Mr John Carpendale the QJA The Journal not necessarily views of the Queensland Justices Association QJA Journal is compiled by an Editorial Board on behalf of the QJA. | Editor Mr Keith Revell Zink Print. PO 236, Kallangur QLD 4503. Phone 0437 777 079 visit usor at www.zinkprint.com.au. Theby views in Box articles &Mr advertisements published in the QJA Journal areorcopied not necessarily the views the Queensland Justices Association MrofChristopher Porter JP(Qual) Doug Hull JP (Qual) laimsPrinted copyright toexpressed all material published in this Journal. No material may be Registered Office: 751the Stanley Street, Woolloongabba, Qld 4102. The views expressed in articles & advertisements published in the QJA Journal are not necessarily views of the Queensland Justices or the Board of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. No material may beAssociation copied or Mobile: 0419No 148material 189 may Telephone: (07) 4128 0294 ries should be Board addressed to The Editor at editor@qja.com.au or the of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. be copied or Postal Address: PO Box 8419, Woolloongabba, Qld 4102 reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au chris.porter@qja.com.au Email: of doug.hull@qja.com.au reproduced without the written consent the QJA. All enquiries should be addressed to The Editor at Email: editor@qja.com.au Office Hours: Monday – Friday 8.30am to 4.30pm honeServing 0437 777 079 orHonorary visit us atJustices www.zinkprint.com.au. Queensland’s 1918 QLD 4503. Phone 0437 777 079 or visit us at www.zinkprint.com.au. Printed by Zink Print. PO Box 236, since Kallangur Printed by Zink Print. PO Box 236, Kallangur QLD 4503. Phone 0437 777 079 or visit us atFree www.zinkprint.com.au. Contact: call: 1800 061 423 - Telephone: (07) 3392 2455 -
Email:
admin@qja.com.au
www.qja.com.au QUEENSLAND JUSTICES ASSOCIATION - ACN 009Website: 666 559 – ISSN 1839-2784
Facebook: www.facebook.com/QldJusticesAssn Registrar: Angela The Queensland Justices Association (QJA) is a not-for-profit public company limited byYin BA (Journalism), GradDipSocAdmin, MHum 2
2
Serving Queensland’s Honorary Justices since 1918
Serving Queensland’s Honorary Justices since 1918
VOLUME 11 • NUMBER 4 • SUMMER 2014
President’s Report Dear Colleagues, it has been a busy few months for the Board with the Australasian Council of Justices’ Associations (ACJA) national conference, the State Conference at Redlands, the Annual General Meeting, and a number of regional refreshers. Following the Board planning day a renewal of the strategy for the company has commenced with the Board agreeing that the Vision of the QJA is to: “Be the Preeminent organisation for Queensland Honorary Justices”. In striving for this Vision the Board has agreed that as an organisation our Mission and our focus is that we are: “Committed to being the centre of excellence for Queensland Honorary Justices through a combination of leadership, training, professional development and advocacy”. The Board planning process will continue to develop as we expand on our Goals so that as an organisation we can concentrate on those activities that are relevant and deliver value to you the Members. The Australasian Council of Justices’ Associations (ACJA) is a forum for JP Associations across Australia and New Zealand for public discussion and debate of matters relating to JPs. This year it was Queensland’s turn to host the annual conference convened by Senior Vice President Ray Burrows who has held the office of ACJA President for 2014. The success of this year’s ACJA conference was due to the outstanding efforts of Director John Carpendale who through his focus, dedication, and attention to detail delivered a remarkable timetable of events: from the welcome at the Banco court hosted by our patron Chief Justice Tim Carmody, to the conference held in the Supreme Court building with guest speaker Damien Mealey, JP Branch Registrar, to the AGM dinner held in the Balmoral room of the Brisbane City Hall with guest speaker Justice David Thomas, President of QCAT. The annual State Conference was this year hosted by the Redland City Branch who delivered an outstanding conference with high quality speakers in a polished and professional manner which showcased the best aspects of the QJA. Over 180 delegates attended the event and overwhelmingly the feedback has been very positive. Congratulations to Chairman Ian Hawes, Senior Vice President Ray Burrows and the Redland City Branch team for an excellent conference. Special mention to the MC of the day Mrs Pauline Kilburn who managed to keep the Politicians and speakers on time and kept the delegates engaged and entertained during the day. I am delighted to announce that Caboolture Branch has been successful in their bid and will be hosting the 2015 State Conference. The conference details are still to be refined and more detail will follow but at this stage you can note in your 2015 calendars that it will be held at Bribie Island on Saturday 7th November 2015. This year we arranged for the Annual General Meeting of the QJA to be held on the same day as the State conference. Unfortunately
an unintentional set of circumstances resulted in the delayed delivery of the spring edition of the Journal which contained the audited financial reports, the Directors declaration, information about the recommendation to change auditors, and explanations regarding the recommended constitutional changes. The delayed delivery of the Journal was unfortunate, nevertheless it was the Boards view, which was supported by the Members present, that to ensure fairness to those Members who did not receive the Journal containing the AGM documents in time that the AGM should be adjourned until Saturday 8th November. While the delay was unintentional the Board must ensure it complies with its obligations and duties under the Constitution and the Corporations Act, and is committed to acting with fairness, openness and integrity with our Members. Despite the AGM being adjourned, the Members who attended following the State Conference had the opportunity to raise questions of myself and the rest of the Board regarding the motions that were to be presented. The adjourned AGM was held on Saturday 8th as scheduled and the minutes from both meetings are later in this Journal. I would like to thank all those Members who took the time to attend the AGM’s and again apologise for the inconvenience. One outcome from the AGM was the overriding support for holding the AGM at the same time as the conference. With this in mind the Caboolture Branch has agreed to push back the State Conference date so that we may again hold the 2015 AGM on the same day as the conference. I am pleased to note that following an extensive review of our lease options relating to the occupancy of QJA House at Woolloongabba a new three year lease on the current ground floor has been signed securing our premises for the future. My thanks to Director Dave Read who conducted the negotiations and investigations on our behalf. After over 14 years meritorious service to the QJA Board it is with sadness that I accepted the resignation of Director Bob Pilkington. Bob has decided to focus on other pursuits and has therefore resigned from the QJA Board and all related positions effective immediately. It was obviously a very difficult moment for Bob as it brings to an end over 14 years involvement with the QJA Board. See the article on Bob later in this Journal. Till next time.
Keith Revell - President
News in Brief Board Elections in 2015 2015 is an Election Year and all Directors will be standing down and a new Board elected. The timetable for this process is as follows:1. John Payne of Hall Payne Lawyers has again kindly agreed to be the Returning Officer. 2. Nominations will open from 1st June 2015 and details of the Nomination process will be published in the Winter issue of the QJA Journal and on QJA website. 3. Nominations will close 5pm Friday 7th August 2015. 4. Voting opens 1st September 2015 – Profiles of Candidates
will be published in the Spring issue of the Journal along with voting instructions, Proxy Forms, Audited Financial Reports, Directors Reports, etc. for AGM. 5. Ballot closes 5pm Friday 16th October 2015. 6. When the Ballot has closed Returning Officer will verify the ballots submitted and count votes. Results will be announced at the AGM to be held at the same time as the State Conference on Saturday 7th November 2015. Subject to approval at the extraordinary general meeting (see Notice as insert to this issue of the Journal) Members will be offered the option of voting online or by postal ballot. The advantage of voting Serving Queensland’s Honorary Justices since 1918
3
News in Brief Board Elections in 2015 cont.
online is it is immediate, it is secure, it is easier, the candidate details are there at your fingertips, no messing around with envelopes, and no special trips required to the post box. For the QJA, the cost savings are significant and the results are tallied automatically so less time for our staff having to count votes. We recognise that many Members do not have an email address or prefer to complete postal ballot papers so that option will still be available upon request, but we encourage all Members to take advantage of the online voting service. To be able to take advantage of this service we must have your upto-date email address. Only those Members with a registered email address can be included in the online voting service. If you have not registered your email address with our office please do so now.
International Women’s Day Once again in 2015, QJA State Office is organising a gathering of Brisbane members to celebrate International Women’s Day (Sunday 8th March). Regional Branches are also encouraged to organise their own similar events. Details of the events at each centre (including registration form, payment options etc.) will be uploaded to the QJA website as soon as they are finalised. Reminder email messages will also be forwarded.
ACJA Conference 2014
Membership subscription Thank you to those who renewed their QJA membership subscription for 2014-2015. Unless you pay your 2014-2015 membership, you will not receive future issues of the Journal. This year, a record number of members have so far failed to renew their subscription. Discussions with these people has revealed the vast majority were unaware they had not paid – it was not a conscious decision to discontinue membership. For the QJA Board, this poses a dilemma – we must find a more simple and convenient method for membership renewals to be paid. This will be discussed further in subsequent issues.
Journal survey – your response To supplement the earlier responses to our online survey, delegates to the 2014 State Conference at Redland City were invited to record their views on the same questions. Although there was a high correlation between the responses of the two groups on most questions, a lower percentage of Conference delegates expressed a preference for receiving the Journal electronically (50% versus 80% for online respondents). Even so, across all respondents, the majority prefer electronic over hard copy. The Board has noted these results and has directed that management begin planning towards providing members with an electronic option. For those members for whom electronic is not suitable, the traditional hard copy will still be provided. Given the significant production cost differential between electronic and hard copy versions of the Journal, it will inevitably become necessary to reflect this in the membership fee paid by the two groups of members.
2015 State Conference As announced in the President’s Report (page 3), the 2015 QJA State Conference will be held at Bribie Island on Saturday 7 November 2015. Congratulations to the successful host bidder - Caboolture Branch.
QJA Vision & Mission Vision: Be the Preeminent organisation for Queensland Honorary Justices Mission: Committed to being the centre of excellence for Queensland Honorary Justices through a combination of leadership, training, professional development and advocacy 4
Serving Queensland’s Honorary Justices since 1918
ACJA Councillors and office bearers photographed at the 2014 event hosted by QJA
The Australasian Council of Justices’Associations (ACJA) comprises JP associations from each of the Australian States and Territories and New Zealand. Each year the Council meets at a different site. The 2014 gathering was held in Brisbane in early October (see detailed report in President’s Reports on pages 3 & 10). The 2015 conference will be held in Canberra.
QJA Office - holiday closure dates As in previous years, the QJA State Office will be closed between Christmas and New Year (25 December to January 4). The Office will close at 12 noon on Wednesday 24 December 2014 and re-open at 8:30am on Monday 5 January 2015.
VOLUME 11 • NUMBER 4 • SUMMER 2014
ADDRESS BY CHIEF JUSTICE HON. TIM CARMODY At the 2014 QJA State Conference at Wellington Point (full report on pages 6 & 7), QJA Patron and Queensland Chief Justice Hon. Tim Carmody delivered the following address: “Mr Attorney, Mayor Williams, Member for Capalaba, Redlands and Cleveland, Sponsors, Association executive and other members, distinguished guests, ladies and gentlemen. It is a great pleasure and privilege for me to be here to speak publicly for the first time as patron of the QJA. In my short time in that role I have welcomed the Australasian Council of Justices Association (ACJC) delegates to the Supreme Courthouse in Brisbane, met and been photographed with the QJA executive in July, spoken to local JP’s in central and north Queensland and been profiled in the Spring edition of the QJA Journal. Only a day or so ago, I visited some very busy QCAT justices who since June last year have been sitting together to decide minor disputes involving sums of less than $5,000 in a government initiative to improve access to justice generally and reduce backlogs by increasing clearance rates. The efficiency dividend in dollars saved is also likely to be substantial. You are all part of a highly valued 90,000 strong volunteer group providing much needed frontline community justice services to other Queenslanders. You are the ground force without which many would be denied practical justice when needed most. This conference provides an opportunity for development and engagement. I am sure you will all make the most of it. The centrality of honorary justices to the working of the legal system cannot be fully appreciated without an understanding of the origins and evolution of the ancient office and its many centuries of public service and achievement. In pre-Norman England justices were appointed by Royal Commission as peacekeepers. They were trusted gentlemen (always men I’m afraid in those days) of high standing and authority. They owned land and were usually wealthy and educated but not legally trained. Their tenure was insecure depending on the pleasure or will of the monarch. They were pivotal to maintaining or restoring law and order in a policeless society. In medieval times a person arrested on criminal charges was held in custody until trial but because of long delays and false complaints Richard I (the Lionheart) authorised justices to discharge felons on bail with or without surety. You may be interested to know, by the way, that the date of Richard’s death marks the limits of legal memory and is often referred to in the context of land ownership as “time immemorial”. Anyway, in those days it was a jailable offence to maliciously refuse or demand excessive bail. A statute in 1344 during the reign of Edward III added the judicial power to try and punish felons to their public safety and security functions. In fact, the title justice of the peace originated in this period. Within 20 years justices were hearing and summarily determining (that is, without a jury) all sorts of crimes, except treason. (J Lowndes SM, The Australian Magistracy: from Justices of the Peace to Judges and Beyond – Part 1 (2000) 74 ALJ 509). Over the next three centuries they were given responsibility for administering the so-called poor laws aimed at stemming vagrancy, gaming, consorting and the sale of ale. The authority and influence of honorary magistrates peaked in the industrial revolution and by then extended to coronial inquiries and issuing processes.
The most consequential functions affecting liberty and property interests were discharged by two or more justices while one was sufficient to fulfil administrative and procedural responsibilities. When sitting as a bench in even numbers and opinions were equally divided, the proceedings were a nullity for lack of a conclusive result. This inconveniently required a rehearing. Partly for this reason but chiefly because of rampant corruption and abuse of office reform was inevitable and salaried or stipendiary magistracy who were invested with double the power of justice gradually took over functions that a minimum of two justices could perform namely those judicial in character. As a matter of interest the novelist Henry Fielding who was knighted in 1748 for his contribution to the magistracy. Australia inherited the English system of JP’s on settlement in 1788. Governor Phillip was commissioned as a justice before setting sail from England. The first honorary justice appointed in the colony was Augustus Alt, the Surveyor General. Justices in the penal settlement of Moreton Bay exercised a weighty jurisdiction over convicts but on separation the new State of Queensland adopted the Jervis Acts which had been passed in England in 1848 to codify the powers of duties of justices vis a vis magistrates. The first resident JP, Captain Wickham who gave his name to Wickham Terrace in Brisbane later became Chief Magistrate. When the Justices Act was enacted in 1886 justices in Queensland were appointed either for the whole State or a geographical district. Although they could still exercise judicial power as a bench at two or more one police magistrate was easier to find than two justices to constitute a petty sessions court especially in urban areas. In 1909 an amending Act excluded honorary JP’s from the summary justice role altogether (unless a magistrate was unavailable) but the so-called ministerial responsibilities of administering oaths and affirmations, taking complaints, issuing summonses, warrants and witnessing formal legal documents such as affidavits, wills, title documents and the like were not abridged. Some of these call for the exercise of quasi judicial discretion and can involve complex legal and procedural issues (see, for example, Bell v Unimin Australia Pty Ltd (No 3) [2012] QMC 16). A Justices of the Peace Act was introduced in 1975 to regulate the appointment and activities of justices until it was replaced in 1991 by the current statute which created a three tier – commissioner for declarations, JP (qualified) and JP (Magistrates Court). As I said before there are now up to 90,000 justices and commissioners in Queensland dedicating hundreds of thousands of hours of free service to the community. You are rightly proud to be one. Your selfless and tireless contribution to Queensland is recognised and very much appreciated and is vital to the proper administration of justice within the State. You are living proof of the important role and responsibility that ordinary decent men and women who are themselves not lawyers have in resolving disputes and administering justice at a grass roots level. You are a good example of how active community participation in the delivery of local legal and justice services enriches us all and brings rewards beyond mere money or power. In the end people get out of their society what they put in – nothing comes from nothing. Thank you again. All the best for the conference and whatever the future holds for you.” Hon. Tim Carmody, Chief Justice of Queensland Serving Queensland’s Honorary Justices since 1918
5
2014 STATE CONFERENCE REPORT At the Redlands Sporting Club on Saturday 18 October 2014, an audience totalling more than 180 delegates assembled to experience the 2014 QJA State Conference.
Although most delegates were from the South-East corner of the State, the Redland City Branch organisers were pleased to note that attendees included those who had travelled from as far afield as Townsville and Mackay. To open proceedings, Conference MC, Mrs Pauline Kilburn (from QJA Redland City Branch) introduced the energetic Redland City Mayor Karen Williams who entertained the audience with her persuasive promotion of the Redland City Council precinct and its outstanding attractions. Next followed a series of short addresses from each of the three State Parliamentarians whose electorates encompass the Redland City region.
Each of Peter Dowling MLA (Redlands), Steve Davies MLA (Capalaba) and Dr Mark Robinson MLA (Cleveland) spoke of the important roles played by honorary justices in supporting the justice administration system in the communities they represent. Delegates were then introduced to the dynamic State AttorneyGeneral, Hon Jarrod Bleijie MLA to provide the keynote address to Conference. It was immediately apparent the Attorney-General enjoyed speaking to this audience. He dismissed the restrictions of the lectern and proceeded to interact intimately with delegates whilst wandering to and fro at the front of the auditorium.
6
Serving Queensland’s Honorary Justices since 1918
In his presentation, the Attorney outlined the achievements of his Government in elevating the role of honorary justice to the appropriate position of respect and high regard in the justice administration system. In particular, the Attorney-General described the success achieved in the trial of using JPs as adjudicators of small QCAT claims. He also paid special tribute to the role played by QJA Senior Vice President Ray Burrows in influencing LNP policy on JP matters whilst in opposition. The Attorney-General spoke of the LNP Government’s decision to outsource the preappointment training of JPs and C.Decs to private sector organisations like QJA. In the place of pre-appointment training, the focus of the JP Branch is now firmly on the professional development of existing justices. In this regard, the Government had, over the last 2 years, sponsored a series of in-service seminars at sites in all parts of the State. As well, the Attorney-General outlined his Government’s policy to rationalise the numbers and categories of justices in Queensland and strategies to encourage appointed justices to perform active roles in the community. In closing, the Attorney-General made a special presentation to the QJA Redlands Branch Chairman, Ian Hawes before inviting the QJA Patron and Queensland Chief Justice, the Hon. Tim Carmody to address Conference. A full transcript of the Chief Justice’s very informative and wellreceived presentation is featured on page 5. After a break for morning tea and networking, the first of the technical sessions was presented by Tracy-Lynne Geysen from Brisbane Lawyers Educating and Advocating for Tougher Sentences, Animal Law and the RSPCA. Ms Geysen explained the impact of inadequate penalties on the welfare of neglected and maltreated animals. She sought the support of delegates and animal lovers generally to campaign for more appropriate sentences for those found to be guilty of such atrocious treatment. Next to address Conference was John McKenna, Team Leader, Client Services, Justice of the Peace Branch, Department of Justice and the Attorney-General. Firstly, John tendered an apology from the JP Branch Manager and Registrar, Damien Mealey who was unable to attend. He then proceeded to outline the initiatives being pursued by the JP Branch to further extend and enhance the very popular JPs in the Community program. John also explained the success his Branch’s had achieved in implementing the Government’s policy to rationalise the honorary justice numbers and to maintain more regular contact and communication with appointed justices. Having recently experienced an extensive organisational restructure, the JP Branch is planning to introduce more initiatives to enhance the performance of the JP system in Queensland. Then it was time for lunch and some more networking. Delegates really appreciated the spacious layout of the venue, the several food and beverage service points and the seating arrangements.
VOLUME 11 • NUMBER 4 • SUMMER 2014 After lunch, delegates were treated to an entertaining but thoughtprovoking presentation by Detective Superintendent Brian Hay from the Police Service’s Fraud and Cyber Crime division. As we all embrace new technologies and become more and more dependent on internet banking, shopping and bill paying, the domestic and international criminal community is becoming even more cunning and sophisticated at developing schemes and scams to gain access to our monies. Detective Superintendent Hay described several worthwhile strategies and techniques we might use to make ourselves less vulnerable to attack from these criminal elements. His message is to be aware of the risks and the bad habits that expose you. It’s not a matter of avoiding technological change, it more about being smarter to protect ourselves from these unwanted attacks. Then followed Peta Stilgoe OAM, Senior Member of the Queensland Civil and Administrative Tribunal (QCAT) who started by tendering an apology from QCAT President, Justice David Thomas, who was unable to attend. In her address, Ms Stilgoe outlined the process involved in recruiting, training and preparing Justices of the Peace for performing the role of adjudicator in hearing disputes over matters, the financial value of which is less than $5,000. As mentioned by the AttorneyGeneral in his address, the QCAT trail of using experienced JPs (both legally qualified and without legal qualifications) as adjudicators has proven to be very successful. Although QCAT is not recruiting at present, Ms Stilgoe encouraged all experienced JPs to give serious consideration to making application should additional JP adjudicator positions be advertised in the future. The next presenter was Belinda Cox, Senior Practitioner, Brisbane Domestic Violence Service, who described the role played by her service is assisting and counselling the victims of domestic violence. She also explained the relationship types that must exist to constitute “domestic” violence (e.g. intimate personal, family or informal care relationships). Further, Belinda outlined the different types of behaviour that fall within the definition of domestic violence under the Domestic and Family Violence Protection Act (e.g. physical abuse, sexual abuse, emotional or psychological abuse, economical abuse, threats, coercion, control or domination). She asked all members of the community to be sensitive to situations where domestic violence might exist and to ensure potential victims are made aware of the services available to assist them. Another tea and networking break then followed. Again, delegates expressed their appreciation at the high standard of the catering, service and facilities at Redlands Sporting Club. All refreshment breaks were managed smoothly and efficiently.
The breaks between business sessions at Conference also provided an opportunity for MC Pauline Kilburn to announce the winners of the various competitions, raffle draws and door prizes featured as part of this event.
Another winner is announced!
Following afternoon tea, QJA President, Keith Revell was invited to address Conference and outline the policies and strategies being adopted by the QJA Board to satisfy the needs and expectations of almost 7,000 members. In doing so. Keith reinforced the valuable benefits and advantages attached to QJA membership. He also described the significant transformation undergone by QJA over the past year or so to become the State’s leading provider of pre-service JP training.
Then, all fellow directors assembled at the front of the auditorium to support Keith while he invited questions from the audience. After this Q&A session, Keith formally closed 2014 State Conference. In doing so, he congratulated the Redland City Branch on the excellent job they did in putting together such a successful event. Well done Redland City Branch!
Redland City Branch team responsible for the 2014 Conference. Back row, L-R: Noel Willersdorf, Ian Ashbrook, Chris Trevor-Jones, Michael Hart (Branch Treasurer), Kevin Clarke, Graeme Moorhouse. Middle row: Beth Thompson, Pauline Kilburn (Conference MC). Front row: Linda Anderson, Lynne Hardman, Ann Whibley-Jones (Branch Vice-Chair) (Missing from photo: Donna Pitt, Karin Hanbidge & Stephen McDonald) Also prominently involved in the front line were: Ray Burrows (Branch Secretary) & Ian Hawes (Branch Chairman)
Serving Queensland’s Honorary Justices since 1918
7
ADDRESS BY JUSTICE DAVID THOMAS - QCAT PRESIDENT At the Belmont Room, Brisbane City Hall, on the evening of Saturday, 4th October 2014, QCAT President, Justice David Thomas addressed delegates and guests attending the ACJA (Australasian Council of Justices’ Associations) annual dinner. The following is a full transcript of His Honour’s address:
The Premise I predict that 2014 will be looked back on as a very positive year in the history of Justices of the Peace in Queensland. Why do I suggest this? I make this prediction because I believe that the QCAT JP Trial may claw back some of the ground which has been lost by Justices of the Peace in the last few centuries. What do I mean by that? To consider this issue, it is necessary to briefly consider the history of your very noble calling. History The office of Justice of the Peace was first established in England by the enactment of statutes in the fourteenth century. The Justice of the Peace Act 1361 says: In every county in England there shall be assigned for the keeping of the Peace … three or four of the most worthy in the County, with some learned in the Law 1 They had power to restrain the Offenders, Rioters and other Barators (that is a medieval term for trouble maker) … and to cause them to be imprisoned and duly punished according to the Law and Customs of the Realm, and according to that which to them shall seem best to do by their Discretions and good Advisement … 2 Those first justices had extensive powers and were much respected members of the community. This approach embodied in our culture the principle of public participation in the administration of justice. A distinctive feature of the office of Justice of the Peace was its dual function: Justices exercised both executive or administrative duties and judicial duties. Included in their non–judicial duties was responsibility for keeping the peace, and apprehending offenders as well as performing constabulary duties. 3 The judicial functions of justices involved the hearing and determination of cases. There was no clear boundary between the executive and judicial functions performed by Justices of the Peace. Over the following years the powers and responsibilities of Justices of the Peace were increased, especially in the administrative area. By the late 1600s duties included administration of the game laws, giving testimonials to dismissed servants, making regulations in time of plague, the supervision of accounts at hospitals, the inspection of decayed bridges, the supervision of the manufacture of malt, supervision of the cloth trade, weights and measures, and even the reading of gas meters.4 The power of Justices of the Peace appears to have peaked in the 18th and 19th centuries. Such was their power that it is said that “they were often able to control the entire administration of a county”. 5 Gradually many administrative tasks were taken over by paid government officials.6 Under the Stipendiary Magistrates Act 1858 (UK) 21 and 22 Vic 73 Stipendiary Magistrates were empowered to do all acts authorised 8
Serving Queensland’s Honorary Justices since 1918
to be done by two Justices of the Peace. 7 This meant that Justices of the Peace were stripped of some of their power and stipendiary magistrates were invested with powers that could previously only be exercised by two Justices of the Peace. This seems to have been the start of a slippery slide. The system regarding Justices of the Peace was transported into Australia. The Australian system was similar, but there was a much greater use of what were called Police Magistrates. With the advent of stipendiary magistrates the workload of magistrates moved more into the judicial sphere. In Australia, the rise of the stipendiary magistrate contributed to a change in focus for Justices of the Peace. By 1914 Justices of the Peace were complaining that they had been reduced to “mere witnessing machines”. 8 In recent times in Queensland there was a move to distinguish
between qualified Justices of the Peace and Commissioners for Declaration with the Justices9 having powers beyond witnessing in areas such as issuing search warrants, issuing arrest warrants and granting bail. Of course, the witnessing function is a duty which should not be taken lightly. The documents JPs attest have more weight than a document witnessed by someone without any official position. They are documents of importance in each of our lives, including for example: oaths and affirmations, affidavits, powers of attorney, and land title documents. However the original trial jurisdiction had, in practical terms, all but vanished in Queensland. The QCAT JP Trial A change was on the way in 2012. In 2012 the current Queensland Government made a commitment to revitalise frontline services. In support of that, the Attorney-General committed to: - extend Justice of the Peace (Magistrate Court arrangements) to reduce court and tribunal backlogs; and - engage with community and training providers to deliver JP programs and continuing professional development. In June 2013, QCAT commenced a six-month QCAT JP Trial. QCAT was tasked with developing and delivering a unique project, never before tried in Queensland. The trial had five key objectives: 1. To reduce the average time taken to finalise all Minor Civil Dispute applications and improve the clearance rate for all Minor Civil Disputes applications in the trial sites; 2. To reduce the cost of hearing these matters; 3. To enable QCAT adjudicators and magistrates (who act as QCAT members in regional areas) to deal with other matters; 4. To recognise the substantial voluntary contribution of JPs to the community and provide opportunities to improve, develop and expand their role; and 5. To contribute to Government commitments to improve the administration of Queensland’s justice system and frontline services for Queenslanders. To meet these objectives, QCAT collaborated with a range of key stakeholders including the Attorney-General, the JP Branch of DJAG and the Queensland Justices Association. With their support, QCAT developed a comprehensive recruitment, training and assessment process which has seen the trial extended as evaluation continues. QCAT has 110 JPs appointed as part of the trial (25 who are
VOLUME 11 • NUMBER 4 • SUMMER 2014 legally qualified). The Oath of Office of a QCAT Justice of the Peace is, essentially, the same oath taken by all QCAT Senior Members, Members and Adjudicators and, indeed, is very close to the Oath of Office taken by Judges of the Supreme and District Courts, and Magistrates. This reflects the fact that Justices of the Peace in the QCAT pilot program have assumed a judicial role. The model is simple; there is a panel of two JPs (one legallyqualified) hearing minor civil disputes up to $5000, excluding urgent residential tenancy matters. People are available at QCAT to whom Justices of the Peace can turn if they need guidance. It is interesting – think back to the Act of 1361 – appointing the most worthy in the country, with a few learned in the law, adopting the age old principle, which is part of our heritage, of public participation in the administration of justice. The current approach is on a solid foundation with centuries of pedigree. From that first commitment in 2012 to improve frontline services, over 4,000 matters have been heard by JPs in Brisbane, Maroochydore, Ipswich, Southport and Townsville. The matters heard by JPs were, before QCAT, heard in the Small Debts jurisdiction of the Magistrates Court where no reasons were given and there was no appeal. JPs provide a more accountable system. As decision-makers, JPs follow the same process as any QCAT decision-maker hearing minor civil dispute matters. They make findings of fact, they apply the relevant law, they make an e nforceable decision permitted by the relevant legislation and they provide oral reasons for that decision at the conclusion of a timelimited hearing. As with any other decision-maker at QCAT, the hearing is recorded, the parties are entitled to a copy of the reasons for the decision and the decision is subject to appeal to the QCAT Appeal Tribunal. How do we evaluate the trial? The trial has been evaluated against the objectives and evaluation framework by the Department of Premier and Cabinet. The mid-trial evaluation (completed September 2013) reviewed the development, implementation and early operation of the trial. The post-trial evaluation (completed in March 2014) draws on administrative, survey and interview data to determine the extent to which the trial was successful in achieving its objectives. The outcomes of the evaluation were very positive. The matters have attracted a low level of complaint (less than 1%), adjournment (9%) and appeal (2%). These rates are consistent with our experience with QCAT adjudicators. The initial evaluation showed the successful implementation of the trial was: “most likely due to the high level of initiative, dedication and innovation displayed by QCAT and courthouse staff, as well as the professionalism, flexibility and commitment to the model demonstrated by the JPs involved in the implementation and operation of the trial”. This reflects well on all those JPs who have participated as well as the excellent collaboration between stakeholders. The jurisdictional limits placed on JP panel hearings, availability of an adjudicator helpline, and relying on a traditional approach to hearings have all proven highly successful in the operational context. JPs have proven to be extraordinarily conscientious and experience now suggests they have the necessary skills and experience to adjudicate matters. In terms of performance against the five key objectives of the trial, evaluation showed: - the time taken to finalise MCD applications and the MCD clearance rate continued to improve during the trial period - overall, JP panels are less expensive to operate matterfor-matter than the previous system - a slightly higher than expected appeal rate (during the
trial period) the average monetary value of MCD matters dealt with by QCAT adjudicators, judicial registrars and magistrates continued to increase during the trial period - there was evidence of improved time, cost and operational efficiency in the MCD jurisdiction - QCAT users report the quality of service provided by JP panels is equivalent to other areas of QCAT. Overall the trial has successfully provided JPs with the opportunity to improve, develop and expand their role. Evaluation has showed that JPs feel recognised by QCAT for the contribution they make and the work has enhanced their role as a JP. However more work needs to be done to improve that recognition outside of QCAT, particularly within the legal community. Where to from here? The trial will continue in the current scope in the existing five locations through to 2015/16. The Attorney-General will consider recommendations arising from evaluation, and in due course will make a decision on the future of the JP-panel model. I think that there are further possible opportunities. One is whether it might be possible to spread the work through a network of JPs in regional Queensland. Another is the monetary limit upon the JPs’ jurisdiction. Is $10,000 a possible figure? A third is the most effective role for the non-legally qualified JP: if that person has no vote in the final decision, is there a possibility of training the non-legal JP as a mediator, to work hand in hand with the legally qualified JP to assist in settling cases as they wait at the door of the hearing room? Would this be an appropriate role for a JP who does not want to preside at a hearing? In concluding I should record that I have been most impressed by the enthusiasm and interest the JPs have shown, and the fact they are demonstrating that they have the necessary skills for the role. I believe that the Justices of the Peace bring to the hearings a rich life experience, the value of which was recognised centuries ago in the UK and which the present government has identified when suggesting the program On behalf of QCAT, I would like to thank the Justices of the Peace for the support provided to deliver this trial to date. But back to my opening comment, I suggest that 2014 could be a significant year in the history of Justices of the Peace as it might be the beginning of a new role for Justices of the Peace at the forefront of public participation in the administration of justice. I look forward to continuing to work with JPs to deliver tribunal services. Thank you. Justice David Thomas
-
Footnotes: 1 34 Edward III c 1 (1361), cited in Holdsworth WS, A History of English Law (7th ed 1956), vol 1 at 288. 2 34 Edward III c 1 (1361), cited in Holdsworth WS, A History of English Law (7th ed 1956), vol 1 at 288. 3 Michael Ward and Peter Kelly, “Summary Justice South Australia” (1993) page 601 at paragraph 1.330. 4 Michael Ward and Peter Kelly, “Summary Justice South Australia” (1993) page 603 at paragraph 1.410. 5 Michael Ward and Peter Kelly, “Summary Justice South Australia” (1993) page 603 at paragraph 1.410. 6 Castles AC, An Australian Legal History (1982) at 68 7 Dr John Lowndes, ‘The Australian Magistracy: From Justices of the Peace to Judges and Beyond – Part I’ (2000) 74 Australian Law Journal 509 at 511 citing Whartons Law Lexicon, 10 ed p 727. 8 Dr John Lowndes, ‘The Australian Magistracy: From Justices of the Peace to Judges and Beyond – Part I’ (2000) 74 Australian Law Journal 509 at 515 citing Hilary Golder, “The Making of the Modern Magistracy” (1991) 77(3) Journal of the Royal Australian Historical Society 30.
Serving Queensland’s Honorary Justices since 1918
9
ANNUAL GENERAL MEETING - PRESIDENT’S REPORT Ladies and Gentlemen Welcome to the 2014 Annual General Meeting of the Queensland Justices Association. The Directors’ Report and Financial Statements contained within the September issue of the Journal and as published on our website summarise the achievements of the last financial year, but I would like to expand on a few points. First of all I am delighted that his Honour Tim Carmody has agreed, as the incumbent Chief Justice to be our Patron. Office Staff I am sure you are aware by now that Angela Yin, who was the Registrar of the QJA for over 4 years, advised us of her resignation in May, leaving us to take up a role in the UK. After an extensive recruitment process we were delighted to announce the appointment of Wendy La Macchia who took over management of the QJA office as the Business Manager/Registrar on Monday 30th July. Wendy brings a wealth of experience in financial and office administration and we welcome Wendy to the QJA team. It had also been recognised for a while that the demands of the training program, increasing merchandise sales and membership growth exceeded the time available for the office staff to respond to Members requests in a timely manner. In the past we have received assistance from a number of people on an ad-hoc basis and we thank those people, particularly Sue Koenig who often assisted in the office and we are very thankful for her contributions, but this was proving to be more regular than ad-hoc. The Board therefore approved the formal recruitment of a casual staff member to assist with peak workload demands and after Wendy’s appointment she headed up a recruitment process which resulted in Cindy commencing work in the QJA office in August. My sincere thanks to Director Marian Vierveyzer who took the lead role during this recruitment process. Governance Following Member feedback and some lengthy discussions with our Lawyers the Board approved some changes to the company governance documents (which are available to view and download from the website in the “Links and Downloads” section). Those documents in summary are: By-Laws – containing: Branch Model Rules, Branch Elections, and Registered Trade Mark Use. The key changes to note here are the development of a new By-Law to assist Branches with their Committee Election process and a clarification of the mandatory and optional committee positions. Regulations – containing: Corporate Membership Categories, Financial Delegation Rules, Membership Fees and Training Course Fees. The changes include updates to the Financial Delegation levels. Codes of Conduct – containing: Director Code of Conduct, Member Code of Conduct and Employee Code of Conduct. Changes include a new Director Code of Conduct and updates to Member Code of Conduct. Constitution - At this AGM there are also some proposed changes to the Constitution that are recommended by the Board and need to be considered and voted on. Details were included in the September issue of the Journal and posted on the website and will be discussed in detail at the appropriate Agenda item later. Financial Earlier this year we flagged a potential deficit at year-end due to additional and higher expenses than previously forecast. Through a rigorous process of hard work and careful scrutiny we have achieved a small surplus. Full credit must go to our wonderful office staff, 10
Serving Queensland’s Honorary Justices since 1918
Linda Evans and Aaron Dunstan, led by our recently departed Registrar Angela Yin, who have made exceptional efforts to restrain costs and increase sales opportunities for Merchandise and Training. Like all of us, the QJA has had to face the harsh realities of our current economic times. Costs for essential services are increasing at a rate greater than inflation. In the same way you manage your budgets, as a business we have to improve efficiencies and devise ways to deliver more with less. Delivering a sound financial result which makes us sustainable in the long term is one of our core priorities. I believe we must strive to achieve this outcome by delivering financial results that acknowledge the challenges, provide for the needs and expectations of our Membership and plan for the future. We must look at options to increase our bottom line without placing additional burdens on our Membership. We can do this by additional efficiencies in the office through better computer systems to remove duplication and paperwork, increasing sales of merchandise and courses, and expanding our Membership base. Training QJA continues to provide pre-appointment training for JPs and C.Decs throughout Queensland. We have a number of competitors in the market, however as the peak professional body for honorary justices in Queensland, we are still the largest provider of training for new JPs and C.Decs. As a not-for-profit, surplus funds from the Training program are re-invested back into Branches and Membership activities, with over $35,000 in the 2013-2014 financial year passed back to Branches for activities that support Branch Members and the local community. The pre-appointment training for new JPs continues to expand and over the past twelve months we have provided over 70 classroom training courses at over 12 locations across Queensland from Brisbane to Cairns and out west. Over the past twelve months a significant effort has also gone into developing the online courses with one of the key requirements being that Students who completed the online course must use the same material and have the same experiences and opportunities as if they were in a classroom. Through the outstanding efforts of Linda Evans our Training Program Manager who was instrumental in determining the structure and content, of Greg Cuthbert our past-Registrar who used his extensive skills and knowledge to create the online course structure, and of Senior Vice President Ray Burrows who oversaw the development of content and structure to ensure the courses met our compliance requirements as an RTO, it was with great delight that we launched our online courses. In April, we offered the C.Dec course online and the JP(Qual) online course was released in July. Both have proven to be extremely popular with over 200 Students already enrolled, thus making pre-appointment training more accessible to Students across Queensland. The next step will be to develop an online course for current Commissioner for Declarations who want to upgrade to a Justice of the Peace (Qualified) and this is in progress and should be released within the next few months. Branches Queensland Justices Association currently has 29 branches and 11 contact groups, with a new Branch at Emerald to be announced soon, and ongoing discussions regarding other new Branches which should be finalised over the next few months. While talking about Branches I cannot pass up the opportunity to talk about our two intrepid Directors from central Queensland, Director Mr Raymond Young OAM and Vice President Mr David Read who undertook an epic road-trip to Emerald and Longreach recently in conjunction with Mr
VOLUME 11 • NUMBER 4 • SUMMER 2014 Damien Mealey (JP Branch Registrar and Manager) and Ms Lisa Shaw (JP Branch Training) to provide Professional Development to our Members and to discuss the formation of Branches. Australasian Council of Justices’ Associations The Australasian Council of Justices’ Associations (ACJA) provides a forum for Justice of the Peace associations within Australia and New Zealand for public discussion and debate of matters relating to Justices of the Peace. The office of ACJA President currently rotate annually amongst the Member State determined by who will be hosting the annual AGM Conference. This year it was Queensland’s turn to host the annual conference and our very own Senior Vice President Ray Burrows held the office of ACJA President for 2014. The office of ACJA Registrar was vacated during the year and our very own Director John Carpendale was nominated and appointed as ACJA Registrar which is a 4 year appointment. Queensland and notably the QJA continue to be held in high regard amongst the other jurisdictions due to our leadership in areas of governance and pre-appointment training. The success of this year’s ACJA conference was due to the outstanding efforts of Director John Carpendale who through his focus, dedication, and attention to detail delivered a remarkable timetable of events: from the welcome at the Banco court hosted by our patron Chief Justice Tim Carmody, to the conference held in the Supreme Court building with guest speaker Damien Mealey, JP Branch Registrar, to the AGM dinner held in the Balmoral room of the Brisbane City Hall with guest speaker Justice David Thomas, President of QCAT. Professional Development/Community The 21st Annual Conference hosted by the QJA Redland City Branch held today has been an excellent conference and my congratulations go to the organising team. Other refresher/workshops held over the past twelve or so months included: • QJA Caboolture Branch in August 2013 – over 70 attendees • QJA Mackay Branch in August 2013 – over 20 attendees • QJA Rockhampton Branch in November 2013 – over 30 attendees • QJA Brisbane South Branch in November 2013 – over 30 attendees • QJA Rockhampton Branch in April 2014 – over 20 attendees • QJA Logan Branch in May 2014 – over 45 attendees (workshopstyle seminar) • QJA Caboolture in August 2014 – over 50 attendees • QJA Brisbane North Branch in August 2014 – over 30 attendees (workshop-style seminar) • QJA Logan Branch in September 2014 – over 40 attendees (workshop-style seminar) QJA continues to support local communities with the provision of over 50 public signing facilities where JPs and C.Decs volunteer in local shopping centres, libraries, community organisations and courthouses, including the establishment of a formal signing facility at our Head office which is proving very popular. QJA has over 500 active volunteers in public signing facilities throughout Queensland. Challenges of the next 12 months It has taken over six years of lobbying to be in a position where pre-appointment training and assessment is now being delivered by RTO’s and not the government. This has seen a significant shift in the way we manage and run our Business, from being primarily a Member based organisation with income only from our Members, to being a combination Member and Training organisation with a significant portion of our income now from delivering preappointment training. The key challenges for us over the next twelve months are: • ensuring we maintain our leadership edge, which is paramount, by being prepared for the next delivery technology, using Student feedback to continue to improve our delivery service, and by maintaining a close working relationship with the JP
Branch to ensure we keep pace with the changing legislative framework under which we all operate, • As we rapidly approach the 7,000 Members mark it is noted that a large portion of our Members are past Students so their retention must become a key strategy, • Investigate expanding into other areas (eg: QCAT training), • Leverage the experience into delivering more Professional Development through the Branches, • Our back office (computers and procedures) need to keep pace with the change – we have already selected a replacement Student Management System which ensures we keep pace with the changing legislative and compliance requirements. More changes are required to streamline our office processes, to remove duplication, and to reduce workload, and I would like to thank my colleagues on the Board for their ongoing encouragement and support during my first twelve months in office, as well as the staff and the members. It is an honour and a privilege to lead and serve QJA as its 43rd President. Keith Revell
AGM – ABRIDGED MINUTES Saturday 18th October 2014 4:30pm Redland Sporting Club, Anson Road, Wellington Point The business transacted at the meeting is as follows: President welcomed all to the AGM. There were 76 members present (as per Attendance Sheets) President advised that the delay in delivery of the Spring Journal may have left some members inadequate time to properly review the audited accounts, proposed constitutional changes and other AGM matters. In consequence, he moved that the AGM be adjourned to a date and time to be announced. CARRIED It was further moved that the proxies already received be carried forward with the closure date for further proxies being 48 hours prior to the reconvened meeting. CARRIED - Meeting Adjourned. Saturday, 8 November 2014, 10am QJA House, 751 Stanley Street, Woolloongabba President welcomed all to the AGM. The meeting is a continuation of the adjourned meeting from 18th October 2014. Members present, proxies received and apologies. There were 17 members present (including 3 via phone) 102 valid Proxies were received. Apologies were received from 11 members. (The names of those present, proxies, apologies, motion movers and seconders are not reported here but are maintained in QJA records). 2. Minutes of the annual General Meeting held on Saturday 9th November 2013 and business arising from the minutes. President asked if everybody had read the minutes of the last meeting. No business arising noted. President asked that the minutes be accepted as true and correct. CARRIED 3. President’s Report 2013-14 as distributed at the meeting. President asked for any questions about the President’s Report. President acknowledged the excellent work by office staff in achieving a financial result better than expected. QJA forecasted a deficit midyear due to abnormal costs and staff put amazing effort into the sale of merchandise and training and upselling to enable us to turn around result to small surplus. Sue Koening is thanked for her efforts in the office. Linda Evans, Ray Burrows, and Greg Cuthbert worked very hard to get our online course up and running. Currently 200+ trainees enrolled and the first handful have been sworn in. Member BL enquired about the training delivery methods for online. President responded by noting that the delivery mirrors the face to face delivery and we have good feedback on face to face training delivery. Member BL asked if mentoring of 10hrs is still undertaken. President Serving Queensland’s Honorary Justices since 1918
11
noted that every student is recommended to undertake mentoring. Currently have 40 branches and contact groups in the organisation, regional areas have opportunity for growth through on-going professional development. President asked that the President’s Report be accepted. CARRIED 4. Directors’ Report 2013-14 as published in the Journal, Spring Edition 2014 and at www.qja.com.au President asked if there were any questions about the Director’s Report. AC enquired about the journal plan re publishing. JC responded that survey results showed a preference for electronic version. WL noted that survey at state conference went the other way so looks like an option to offer both ways. Number of journals if reduced means a bigger version so therefore cost might not be correspondingly low. Multiple delivery options might be considered. President asked that the Directors’ Report, as published in the Spring Journal be received. CARRIED 5. Financial Statements 2013-14 as published in the Journal, Spring Edition 2014 and at www.qja.com.au President asked for questions about the financial statements. Increase in training income and corresponding expenses have increased. Branches delivering face to face training and are paid a sum for each trainee. GC believes that profit is under-reported. Merchandise increased in sales yet it is not reflected in the financial result. WL noted that profit margins are not significant on merchandise and that as of 30th June the inventory was higher than currently which is why the Merchandise expenses are higher than Merchandise income for the year. WL noted that a change to the accounting process in the 2014-15 financial year will more accurately reflect the merchandise and event cost of sales. GC noted that the result is probably better in reality. AC suggested classification on expenses. Observation noted. WL detailed that payables included member fees paid in advance, GST and employee entitlements Member RG enquired about public liability insurance – some situations covered by JAG policy. We have public liability insurance to cover our volunteers. President asked that Audited Financial Statements as published in the QJA Journal for the year ended 30 June 2014 be adopted. CARRIED 6. Appointment of Auditor KR noted that we are not required to have accounts audited. However, for transparency and in best interests of the QJA, it is considered best practice that the auditor be changed every 5 years to avoid familiarisation and complacency. Quotes have been received from 4 auditors. The board recommended AH Jackson, medium sized experienced NFP and good recommendations. AC enquired as to whether the audit quotes based on audit or audit review. KR noted they are for an audit. WL noted auditor just does the testing of transactions but QJA prepares the financial statements. President asked that AH Jackson be appointed as auditor. CARRIED 7. Constitution be amended as previously published in the Spring Journal. President re-stated the proposed changes to the constitution. a) The current process to elect 2 Vice Presidents internally by the board be modified so that election of all directors is by popular vote of the members rather than the board. b) Reduce the number of senior Board positons by removing title of Senior Vice President. This role was originally in place for the purposes of succession planning which is managed by the board in alternative ways. The total number of Directors remains unchanged. c) Allow internal Returning Officers if required. The last election vote processing was cumbersome and expensive. We have John Payne as returning officer who is donating his services, but should that change it would be a significant expense. The QJA would thus like the option of appointing a QJA member as returning officer with conditions. The Returning Officer is appointed at the AGM. 12
Serving Queensland’s Honorary Justices since 1918
President asked that the constitution changes above be adopted. CARRIED General Business – as required by section 250S of the Corporations Act 2001, the chair of the AGM must allow a reasonable opportunity for the members to ask questions about or make comments on the management of the company. Member RG enquired about the upgrade from C.Dec to JP(Qual) as being free. KR explained that a level of competency to be held requires assessment of skill and therefore there is a cost. BP noted there was an opportunity at no cost through JAG for JP(C. Dec) but time frame has lapsed so there will be a conversion cost. GC asked about an impact on face to face training delivery by the online training rollout. GC asked if there was thought about how branches will be funded if training opportunities drop off. MV noted that the paradigm is changing. KR noted that other professional development training delivery present opportunities to branches for income. FZ asked about member renewals and when counted. KR noted the if not paid de reminders sentAC, out and in fee is due on 30th June each Theyear, Hon Paul Jersey, Chief Spring Journal. If still not paid by December then member becomes unfinancial. KR noted looking at different options for member payments. GC noticed at conference that people were confused as to a duel membership fees. KR noted some branches ask for a donation for tea and coffee at meetings. However, branches are able to decide if branch fees are payable as they have autonomy. AC noted division between branches/QJA. BL asked about the building. KR noted that we did go out to the market but we have renewed our lease. QJA have moved training offsite. State office alterations to accommodate and drop in by knockMr Raystaff Burrows JPdirectors (Qual) ing out a wall which will give a larger working space. GC asked about maintenance agreement. KR noted that we are responsible for inside the four walls. Cost for renovation is under $5,000. Meeting closed at 11:18am
Our Pa
Jus
Board of D
PRESIDENT & CHAIRM
BOB PILKINGTON TRIBUTE
T M E
VICE PRES
Sadly, our good friend Bob Pilkington has tendered Mr Bob his resignation as Pilkington a director on JP the (Qual) QJA Board, deciding, after 14 years as a director, it is time for him Immediate Past President to step aside and give someone else a go. He intends to remain as an active QJA member with the Ipswich Branch and will continue performing his JP duties. Bob was sworn in as a JP(Qual) in March 1994 and became a QJA member soon after. He Mrs lost noMarian time in getting involved with local Vierveyzer JPhis(Qual) branch, holding the position of Ipswich chair from 1995 to 2000. Bob became a QJA director in 2001 and for ten of his fourteen years on the Board he held leadership positions. He was elected President for two terms (2005-2007 & 2007-2009) and Vice President from 2003-2005 and again from 2009-2013. During his time on the Board, Bob has selflessly mentored less Raymond JP in (Qual) experienced directors,Mr actively supportedYoung branch OAM executives the South-East corner and has been personally involved in the development of many new QJA branches. He has also represented the QJA as a Councillor at the Australasian Council of Justices’ Associations (ACJA) conferences (2006-2010) and held a seat on the JP Advisory Council (2012-2014) advocating on behalf of QJA members on matters relating to honorary justices and cementing a good relationship with the JP Branch, Department of Justice & Attorney-General. Mr John Gordon JP (Qual) Bob is also a qualified Trainer and Assessor for QJA and has 0415 589 047 personally tutored manyMobile: would-be Justices. He also volunteers with “Friends of Police” and as Safety Advisor to an Ipswich Respite Email: john.gordon@qja.com.au centre. The Board of Directors extends its sincere appreciation to Bob for his devoted service to the members of QJA and thanks him especially for the many voluntary hours dedicated work heJP applied to resolving MrofKeith Revell (Qual) Board-related matters. Telephone: (07) 3803 4337 Farewell from your Board colleagues, Bob – we will miss you!
T M E
T M E
T M E
DIRECT
Mobile: 0411 134 841 Email: keith.revell@qja.com.au Mr Doug Hull JP (Qual)
VOLUME 11 • NUMBER 4 • SUMMER 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.
50 Years QJA Membership John Cook
Robert Gurney
Warren Hughes
Kenneth Ryan
Colin McKay Daniel Moffat
Christine Page Henry Scheuber
Noel Tuton
Margaret Harvey Lloyd Hodge Catherine Kane John King Teri Lambert Raphael Mar Fan Warren O’ Neill
Lorraine O’Brien Dennis Parsons Barry Roberts Kerry Robinson Sharon Ryan Alan Small Keith Stafford
Myrna Stevens Erica West Ian Williams Gerald Woodrow Michael Youles
40 Years QJA Membership Geoffrey Bryant Graham Darbey
Melvyn De La Haye Garry Franke
25 Years QJA Membership Roderick Adamson Neville Bates Hugh Boyd Darryl Briais Catherine Cutler Ralph Davies OAM Robert De Marco
Stathy Efstathis Graham Evans Ian Flint Michael Ford Anthony Freeman Jason Gregory Edward Grundy
Welcome to New Members The following have joined the QJA since the last Journal: Olufolakemi Adeniyi Jay Affleck Alesha Anderson Susan Bamford Hildegard Banathy Sandra Barrett Kim Baty Karen Beveridge Jaymie Boddice Sarah Boxall Karl Brasted Paul Briant David Brown Geoffrey Bryant Vicky Buckenham Cindy Bulluss Virginia Cameron Danielle Campbell Tahnee-Lea Campbell Phillip Capra Selena Cassar Samantha Chandler Hugh Chapman Carla Cherry To Thi Chiem Helen Christie Rebecca Churchward Elliot Clarke Gary Cleary Adelaide Clissold Clare Clover Grahame Cole Julia Colenso Melisah Collins Christine Condon Carissa Coorey Sheila Cork Brenda Cornall Melanie Cosgrove Natascha Costello Linda Daly Carl Daniel Angela Darby Joanne Davies Donna Davison Elise Daw
Desley Di Bella Monique Doney Barbara Druckmann David Earley Jade Eccles-Smith Leanne Edwards Amanda Egerton Luke Eyers Andrew Fee Andrew Field Kim Fischer Leanne Ford Danielle Fox Hao Fu Jacqueline Fuller Terry Fuller Gavin Fuller Andrew Galloway Katherine Gaskell Mary Gentle Steven Gibbs Olga Gjokmarkovic Leonie Greening Jake Gries Paula Grobe Natalie Gross Karl Gutzeit Laura Hagan Georgina Haig Robynne Hall Joel Hall Candita Hamblin Mark Hansen Virginia Harris Chelsea Hawdon Yvette Hawley Christopher Hawley Gary Hayward Glenn Hewitt Adam Higginson Kim Holder Dennis Holman Shae Holman Lisa Holman Elaine Hyde Daniel Irwin
Springall Isabelle Nathan James Katrina James Melanie Jenkins Greg Jones Kai Kapusta Alison Kelman Andrew Kendall Lauren Kennedy Tamika Kennedy Nikita Keramos Shalika King Anbukumar Krishnamurthy Christina Kulla Magret Kuzmanovski Rebecca Lance Jeffrey Lauchlan Christopher Lee Shanglin Li Shu-Chu Lin Kristy Lindsay Tim Lintern Ron Little Pauline Lloyd Yan Lu Suzanne Macdonald Bonita MacDougal-Marshall Erin Madigan Susan Maloney Chiranjeev Manchanda Debra McCall Renee McGhie Lauren McGuffog-Gardner Kim McHugh Karen McKay Deborah McPhee Allison Meek Christine Milloy Lisa Mills Scott Milne Susan Milner Rajesh Mohini Valmor Morais Lisa Morden Hayley Morton Kelsey Moss
Glenn Mullen Katrina Muller Jennifer Munoz Kyra Murphy Margaret Murray Sharon Noble Christine Nugent Ann Nuske Glen Oldham Milena O’Shannassy Nicole O’Sullivan Kim O’Toole Craig Oxford Megan Palmer Dorothy Pfeiffer Gunther Pfeiffer Sharon Phillips Kylie Pitt Hans-Jurgen Plambeck Jillian Potter Adam Pringle James Radalj Debra Raggett Susanne Raistrick Amy Restell Hollie Reynolds Craig Richardson David Robertson Alana Robertson Rohan Robertson Julianne Rudd Kirsten Russell Heather Ryan Carmen Ryan Louise Ryan Martin Sanders Teliah Sargent Jayleigh Sargent Bronwyn Schubert Jessica Sekulla Rajeshwar Sharma Kirsty Shoobridge Sharyn Sims Megan Smith David Smith Warren Smith
Sharon Soward Amanda Stacey Karla Stanley Chris Stewart Jessica Stibbard Josie Stokes Carly Sullivan Melissa Sutton Jessica Swain Marcus Tanzer Narelle Taylor Janette Taylor Rhyll Tedeschi Kelly Telford Margaret Templeman Monica Thomas Peta Thuell Serena Todd Eugene Traboulsi Renee Tregoning Benjamin Trim Jessica Trotter Joel Tuckett Jenny Ung Maria Vakavelo Thieu Vu Jillian Walden Chelsea Wallis Carmel Wann Beatrix Wanrooy Kristen Warner Carl Warren Amanda Watts Matthew Webster Jessica Wellman Bagnall Rachel Welsh Jeyakaran Dhamodaran Weslyn Raelene Wichmann Kimberley Williams Naomi Williams Janet Willmott Davida Woodward Catherine Wurth Ruby Yang Yu Chieh Yu
Serving Queensland’s Honorary Justices since 1918
13
Q&A Q1: I recently was presented with a Land Title Transfer document where the person named as the Transferor was not present. Instead, a person claiming to hold Power of Attorney for the Transferor presented themselves. What is the correct procedure to follow in such a case? A1: The recommended witnessing procedures for standard Land Title forms (i.e. Forms 1 & 2 where the property owner is an individual) are explained in detail in Chapter 8 of the QJA Guide to JP Practice and were also featured in the Q&A column of the Autumn 2014 issue of the Journal. So, in responding to this particular question, we will concentrate mainly on the additional obligations associated with a Power of Attorney and, in doing so, we have referred to the Queensland Land Title Practice Manual (Part 60-0900). Under the provisions of section 162 of the Land Title Act, you, as witnessing officer, must take reasonable steps to be satisfied: a) with the identity of the person presenting to sign the form; and b) that person’s entitlement to sign the document in relation to the property described therein. In relation to part (b) of the witnessing officer’s obligation, for this particular circumstance you must be satisfied not only that the transferor/mortgagor named in the document is the owner/ purchaser of the property described therein (by sighting a rates notice, title search, valuation notice or purchase contract) but also that the person presenting to sign the document is the properly appointed attorney of the transferor/mortgagor named in the document and has been granted the power to engage in this transaction. To properly fulfil this additional obligation, you will need to sight the original (or a properly certified copy) of the Power of Attorney document. You should scan this document to ensure: a) the person presenting to you has been granted the power to perform this type of financial transaction for transferor/ mortgagor named in the Land Title form; b) that power can now lawfully be exercised - i.e. the Power of Attorney: i. has not lapsed or been revoked or ii. has not been invalidated by an event (e.g. death, marriage or divorce of the principal), or iii. where the power commences only from a particular date, that date has occurred, or iv. where the power commences only from a particular event (e.g. the principal’s loss of capacity) there is evidence to confirm that situation has occurred. Once you are satisfied the attorney is lawfully entitled to sign the Title Registry document on behalf of the transferor/ mortgagor named therein, you can proceed to the signing/ witnessing phase. It is preferable (but not mandatory) that the Power of Attorney be registered with the Queensland Titles Registry before the document is signed as this step will need to be taken before the signed form is processed by the Titles Registry. If such registration has not yet occurred, you should alert the attorney to the fact this needs to be done. The attorney now signs the form on behalf of the transferor/ mortgagor. If the form presented to you does not already have the following notation inserted below the transferor/ mortgagor’s signature space, you should ensure these words are added: (Transferor/Mortgagor’s name in full) BY HIS/HER DULY CONSTITUTED ATTORNEY (full name of attorney) UNDER 14
Serving Queensland’s Honorary Justices since 1918
POWER OF ATTORNEY NO (dealing number assigned to Power of Attorney by the Title Registry) Unless this notation is included, the signed and witnessed form will not be accepted by the Queensland Titles Registry. If the dealing number is known, it should be inserted now; otherwise it must be inserted before the form is processed by the Titles Registry. Q2: Could you please explain the purpose of a Land Registry Form 12 (Request to Register Writ/Warrant of Execution) and the procedures a witnessing officer should follow? A2: Again, the Queensland Land Title Practice Manual is the source for the answers to this question. In this case the relevant section is Part 12, which states: “A writ of execution provides the means to compel an involuntary sale of the debtor’s property for the satisfaction of the judgement or order. The normal practice for enforcement is the registration of a writ of execution against the real property interests of the debtor and for the property to be sold by the relevant enforcement officer of the court that issued the writ of execution…... A writ of execution issued by a court is valid for a period of 12 months from the date of issue (s820 of the Uniform Civil Procedures Rules 1999). However, a writ of execution may state that it ends at an earlier time (s92 of the Supreme Court of Queensland Act 1991). The date of issue of the document will be shown on the face of the writ of execution, regardless of the court which has issued the document. The writ of execution may be extended for a further period of 12 months by order of the court and normally that extension is endorsed on the face of the writ of execution.” The purpose of the form 12 is to request the Titles Registry to register the existence of the order/writ/warrant in respect to the property to which it relates. A copy of the court issued order needs to be submitted with the form 12. As with other Land Title documents, his particular form needs to be witnessed only where the applicant is an individual (where the applicant is a company, the company seal or name and CAN will suffice and a witness is not required). Where a witness is required, your obligations are identical to those which normally apply for Land Title documents (being satisfied as to identity and entitlement to sign). In relation to “entitlement”, you should satisfy yourself not only that the real property description is correct but also that the particulars of the subject order/writ/warrant match the description thereof inserted at item 5 of the form 12. Q3: Section 162 of the Land Title Act 1994, requires a witnessing officer to take reasonable steps to ensure the person presenting a land title form is entitled to sign the document. Does this authorise me to decline to witness unless I sight photo ID? A3: Although government-issued photographic identification (like drivers licence or passport containing both a likeness of the person and their signature) may be preferable, it is not obligatory. The witnessing officer has no authority to decline to witness solely on the grounds that photo ID was not produced. Your sighting of several non-photo personal documents verifying the person is who they claim to be would constitute “reasonable steps” under section 162.
VOLUME 11 • NUMBER 4 • SUMMER 2014
Regional Roundup Bundaberg
is currently very topical. And another comprising speakers from various Medical fields and the Police Service who will talk about what happens behind the scene and how that impacts on our decisions in performing our duties. At the end of each segment the audience will have a chance to ask questions in a discussion forum. More information on our poster, invitations and reservations will be available early in December. Meanwhile, enquiries and pre-bookings should be forwarded directly to Fiori Cruz (email fiorifc@yahoo.com. au or mobile 0409 964 278) or Barbara Cutmore (email baeima@ bigpond.net.au or mobile 0417 674 121).
Rockhampton To celebrate the commencement of a new signing/witnessing site at the Masonic Lodge in Bundaberg, Joel O’Mara from JAG (far left) presented Certificates of Appreciation to QJA Bundaberg Branch members, Dave Read (QJA Director), Debra Read, David Johnston, David Dempster, Venette Lyons, Russell Lyons, and Sue Smith (Branch Secretary).
Hornibrook At the Law Year Church Service at St. Joseph Cathedral in Rockhampton, QJA Director Raymond Young OAM and the Chief Justice Hon. Tim Carmody flanked by Rockhampton Branch members Paul Brown (left) and John Warman (right).
South Pine
Hornibrook Branch members out and about: Left - Volunteer Robyn Francis and husband John Davies on fundraising duty at Bunnings Rothwell; and Right - George McPherson, Lisette Dillon (Branch Secretary) and Andrew Smith (Branch Chairman) in the company of Attorney-General Hon. Jarrod Bleijie MLA and the Chief Justice Hon. Tim Carmody at the QJA State Conference at Wellington Point.
Warwick Workshop with A Difference - QJA Warwick Branch is organising an Ongoing Professional Development workshop for the 21st February 2015 at the Slade Campus of Warwick Christian College. The workshop will cover a basic review of JP and C.Dec topics and procedures, updates from the Justice Department and more. . . MORE? Yes, we also have two segments featuring Keynote Speakers on a Panel. One, comprising Religious leaders who will talk about how culture and tradition impact on our role as JPs and CDecs - which
Passing of Peter Campbell - Members of South Pine Branch learned with much sadness of the death in October of Peter Campbell, a founding member and very generous patron of the Branch. The first meeting was held in 2004 at Peter’s office in Albany Creek and he was, from that time forward, a committed member. He provided the venue for all our regular Branch meetings and also funded our activities in the early stages. He was more than generous with his time and his resources. Peter was a proud JP for many years before becoming a JP(C.Dec). He had been preparing to convert to JP(Qual) when his health deteriorated. He was an enthusiastic volunteer on our signing rosters on Thursday evenings and Saturday afternoons. He was instrumental in the establishment of these two services. His wisdom and patience and his absolute commitment to his clients are an example to us all. He was a skilful and respectful mentor to all new JPs and a valued colleague to the more experienced. We counted him as a dear friend and we will miss his presence in our Branch. Phyllis Hall, Branch Secretary
VALE It is with great sadness that we also acknowledge the passing of the following QJA members: Douglas BISHOP West Albury Carmela CHEYNE Toowoomba William COLLINS Bowen Hills Neville CROCOMBE North Tamborine Donald DINNEEN Southport Beverley EDWARDS Woodridge Nth Sue FORSTER Springwood Graham GIBB Birkdale Christopher GLASSPOOL Torquay Roy GLENDENING Scarborough Darryl GUTKE Wurtulla Charmaine HOWLAND Shailer Park Frederic LOVEDAY Caloundra Ainsley MUSGRAVE Southport Brian PHIPPS Reedy Creek Hugh PLATZ Maryborough Philip ROCHOW Palmwoods Phyllis ROEBUCK Windsor Gilbert ROSSNER Rochedale Sth Colin RUDOLPH Wynnum West Lynette SMITH Forsayth Gisela SMITH Home Hill Gloria STROHFELDT Adare Jacobus VANDENBERG Lowood Mansell WELLINGS Frenchville David WHITEHEAD Cleveland May they all rest in peace. Our condolences to the family and friends.
Michael COLLINS Allen DENNIS Colin FENWICK Bruce GIBSON Donald GORRY Joan KENNEDY Colin NOLLER MBE Allan REYNOLDS James ROSE Vivian SMITH Sydney SNOWSILL MBE Margaret VOSTI Stephen WILSON
Ferny Grove Springwood Corinda Cairns North Rockhampton Bridgeman Downs South Toowoomba Maryborough West Bundaberg Maroochydore Wellington Point Burleigh Heads
Serving Queensland’s Honorary Justices since 1918
15
REGIONAL CONTACT INFORMATION BEAUDESERT CONTACT GROUP Valmai Macaulay beaudesert@qja.com.au Telephone: (07) 5544 6460
FOREST LAKE CONTACT GROUP Reg Connelly forestlake@qja.com.au Telephone: 0403 167 121
BOWEN BRANCH Brian Byrne bowen@qja.com.au Telephone: 0409 445 056
GLADSTONE BRANCH Ruth Waite gladstone@qja.com.au Telephone: 0438 741 318
BRISBANE NORTH BRANCH John Carpendale brisbanenorth@qja.com.au Telephone: (07) 3353 2927
GOLD COAST BRANCH Judith Novak goldcoast@qja.com.au Telephone: 0403 255 828
BRISBANE SOUTH BRANCH Samantha Rush brisbanesouth@qja.com.au Telephone: 0403 860 080
GYMPIE BRANCH Daphne Horne gympie@qja.com.au Telephone: (07) 5482 7824
BUNDABERG BRANCH Susan Smith bundaberg@qja.com.au Telephone: 0405 252 135
HERVEY BAY BRANCH Glennis Kelly herveybay@qja.com.au Telephone: (07) 4124 5722
CABOOLTURE BRANCH John Geary caboolture@qja.com.au Telephone: 0407 579 139
HORNIBROOK BRANCH Lisette Dillon hornibrook@qja.com.au Telephone: 0404 977 057
CAIRNS CENTRAL BRANCH Margaret Neville cairns@qja.com.au Telephone: (07) 4045 2333
HOWARD CONTACT GROUP Carrol Bond howard@qja.com.au Telephone: 0411 743 585
CAIRNS SOUTH BRANCH Meredith Gardiner cairnssouth@qja.com.au Telephone: (07) 4055 4138
IPSWICH BRANCH Deanna McDonald ipswich@qja.com.au Telephone: 0408 195 277
CALOUNDRA BRANCH Irene White caloundra@qja.com.au Telephone: (07) 5491 1146
INGHAM CONTACT GROUP Siobhan Pelleri ingham@qja.com.au Telephone: 0438 102 962
CENTRAL HIGHLANDS BRANCH Karen Bray centralhighlands@qja.com.au Telephone: 0438 824 361
LOGAN BRANCH David James logan@qja.com.au Telephone: 0421 310 287
LOGANHOLME CONTACT GROUP Pauline Harris loganholme@qja.com.au Telephone: (07) 3341 5555 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 SOUTH PINE BRANCH Phyllis Hall southpine@qja.com.au Telephone: (07) 3264 4436 SOUTH BURNETT BRANCH Ruth Rimes southburnett@qja.com.au Telephone: 0457 681 159
MAREEBA BRANCH Anne Vains mareeba@qja.com.au Telephone: (07) 4094 1174 MAROOCHYDORE BRANCH Angela-Marie James maroochydore@qja.com.au Telephone: 0409 471 008 MARYBOROUGH CONTACT GROUP Geoff Parsons maryborough@qja.com.au Telephone:(07) 4129 0809 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 Jane Comollatti rockhampton@qja.com.au Telephone: 0447 021 591 ROSEDALE CONTACT GROUP Jonathan Brown rosedale@qja.com.au Telephone: 0422 596 387
TIN CAN BAY CONTACT GROUP Rod Ehrke tincanbay@qja.com.au Telephone: (07) 5486 2743 TOOWOOMBA BRANCH Sarah Bregonje toowoomba@qja.com.au Telephone: 0406 587 036 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 8555
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
NT
Sydney (Inner West) Jim Elmore sydney.1@qja.com.au 0408 870 721
Goulburn Elizabeth Adam goulburn@qja.com.au 0427 617 589
Alice Springs Elizabeth Milton alicesprings@qja.com.au 0428 533 379
Sydney (North West) Sharon Atkins sydney.2@qja.com.au 0417 479 412
Lismore Paul Beckey lismore@qja.com.au 0428 560 467
Sydney (Western Subs) Marie McCabe sydney.3@qja.com.au 0434 992 107
Moree Lyn Zillman moree@qja.com.au 0428 274 182 Queanbeyan Beverley Jones queanbeyan@qja.com.au 0418 198 441
Wollongong Peter Pioro wollongong@qja.com.au 0419 638 121
Victor Harbor Timothy Barclay victor.harbor@qja.com.au 0403 134 290
Launceston Vanda Stevenson launceston@qja.com.au 0417 707 330
TAS
VIC
Devonport Dennis Wheelton devonport@qja.com.au 0418 334 431
Melbourne (Langwarrin) Robert Bolch melbourne.1@qja.com.au 0412 155 634
Hobart Barrie Bell hobart@qja.com.au 0419 395 796
Melbourne (Glen Waverley) Simon Bullimore melbourne.2@qja.com.au 0419 756 780
Deloraine Annette Powell deloraine@qja.com.au 0427 158 648
Jabiru Karen Beare nt@qja.com.au 0417 891 226
SA
Adelaide Noel J. Lindsay adelaide@qja.com.au 0407 507 773 Adelaide Hills Fred Braun adelaide.hls@qja.com.au (08) 8389 9462
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
Serving Queensland’s Honorary Justices since 1918
UK (London) Angela Yin london@qja.com.au
UK (Norwich) Derek Hill norwich@qja.com.au
USA (Texas) Tanya Conole usa@qja.com.au