Vol 1 no 3 spring 04 by Queensland Justices Association

The

VOLUME 1 • NUMBER 3 • SPRING 2004

Q.J.A. JOURNAL

What Q.J.A. Means QJA exists to support members in carrying out their Office as Justices of the Peace and Commissioners for Declarations. Membership fees are our major source of income. Without membership fees we cannot provide the services you need to be competent and informed JPs and C.decs.

QJA — Established in 1918

DIRECTORS’ REPORT 2003-2004

NOTICE OF ANNUAL GENERAL MEETING

NEW MEMBERS

ROLL OF HONOUR

NEWS IN BRIEF

editorial

Article

Official Magazine of the Queensland Justices Association

QJA is established to:• • • • • • • • •

Encourage high ethical standards of conduct of Members in performing their Office. Promote and maintain the status of the Office of JP and C.dec. Provide Members with advice on the duties, rights and obligations of the Office they hold. Represent the interests of Members specifically and the Office generally to the Government and to the general community. Provide education and training to advance the interests of Members and potential members. Monitor relevant changes in legislation, assess the impact of these and advise Members accordingly. Provide Members with a forum for the exchange of views and ideas. Promote fellowship and goodwill between the Members. Promote fellowship and goodwill between Members and Office holders who are not Members as well as Justices of the Peace from other jurisdictions.

Membership costs less than a dollar a week and as a member you have access to an organisation that promotes these ideals. You will receive four journals a year that cover current and topical matters relevant to JPs and C.decs. QJA provides at minimal cost members badges, car and letterbox stickers, ID cards, certification stamps and other materials to assist JPs and C.decs in carrying out their duties. We promote through our regional branches discussion of topics relevant to members.

Queensland’s Role in writing the Australian Constitution

Q&A

MERCHANDISE

Your Questions Answered

Our organisation meets at least once annually to further those discussions throughout the membership. Our training courses provide primarily for persons wishing to become JPs. We support local refresher courses and training information to members through our branches to keep members up to date. Over the next 2 years we aim to open a number of new Branches. Please let us know if you want to participate in this exercise. If you live in an area that has an existing branch you should consider using the facilities offered and extend your JP network. It is vital that you continue to support us so we can support you. If you have any suggestions, please take the time to write to the Registrar so the QJA can be responsive to the wishes of members.

The QJA Journal is compiled by an Editorial Board on behalf of the QJA. Editor Dr Anthony Watson-Brown

Sub-editor Mrs Bernice Lippiatt

Sub-editor Mr Garry Franke

The views expressed in Articles published in the QJA Journal are not necessarily the views of the Queensland Justices Association or the Board of Directors. © Queensland Justices Association claims copyright in all material published in this Journal. No material may be copied or reproduced without the written consent of the QJA.

ACCOUNTS 10 ANNUAL & AUDITOR’S REPORT

Delegates to the 2004 Australian Council of Justices Associations Annual Meeting held in Darwin on 21 August.

A Win for QJA — to Host Annual Conference for the Australian Council of Justices Associations Conference in 2006

15BRANCH CONTACTS 16 WHAT QJA MEANS

The President, Joseph Law and Director, Dr. Anthony Watson-Brown attended the 2004 Annual Conference for the Australian Council of Justices Associations (ACJA) held in Darwin on 21 August. They succeeded in Queensland winning the right to hold the 2006 ACJA Annual Conference.

Meeting as President of the ACJA handing over to Mr Peter Kretchmar from Western Australia at the end of the business sessions.

As a result of the Australian Council of Justices decision Joseph Law is now the Vice-President of the ACJA and will assume the Presidency at the 2005 Annual Conference in Perth.

ACJA represents the major Justices Associations around Australia with each State and Territory sending two delegates to the Annual Conference. The work done by ACJA relates to cross border recognition and reciprocity as well as providing a good means of exchanges of ideas on the proper running of JP Associations and the strengthening of the Associations’ membership lists.

Mr Charlie Parrott of the National Territory Association of Justices hosted the Annual

Next year’s meeting will be hosted by the West Australians in Perth.

Printed by IPG Print, Telephone 07 3350 4262, 4 Millway Street Kedron Qld 4034. 16

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VOLU ME 1 • NUMBER 3 • SPRING 2004

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Q.J.A. JOURNAL

QJA Branch Contacts

Our Patron The Hon Paul de Jersey, AC, Chief Justice of Queensland

CAIRNS – PETER VESELY 28 Illuta Street Rasmussen 4815 Telephone 0408 208 958

Board of Directors PRESIDENT & CHAIRMAN OF THE BOARD Mr Joseph Law JP (Qual) 31 Kroll Street, Kippa Ring Q 4021

Charlie Parrott 2004 President of ACJA (Aust. Council of Justices Assoc.) and Joseph Law President of QJA in Darwin

Telephone: (07) 3283 6800 Facsimile: (07) 3283 6800 Mobile: 0411 707 597

GLASSHOUSE MOUNTAINS – REV JOHN BARFOOT 54 Parkview Road Glasshouse Mountains 4518 Telephone: 5438 7013

VICE PRESIDENTS Mr Doug Hull JP (Qual) P.O. Box 5289, Torquay Q 4655

Telephone: (07) 4124 4214 Facsimile: (07) 4124 7939 e-mail: dougglen@bigpond.com.au

Mrs Bernice Lippiatt JP (Qual) 3987 Mt Lindesay Highway, Park Ridge Q 4125

Telephone: (07) 3802 2557 Facsimile: (07) 3802 2559 Mobile: 0411 663 757 e-mail: darkmoon121@ozemail.com.au

Mr Bob Pilkington JP (Qual) 32 Blackstone Road, Newtown Q 4305

Telephone: (07) 3812 1865 Facsimile: (07) 3424 7983 Mobile: 0438 121 865

GLADSTONE – STEPHEN MILLS 130 Auckland Street Gladstone 4680 Telephone: 4979 1756

GOLD COAST – VALERIE AUMANN 19 Keel Court Currumbin Waters 4223 Telephone: 5598 1543

Left to Right: Stephen Armstrong, Ray Young OAM, Peter Smith and Joesph Law in Emerald

HERVEY BAY – JAN STAFFORD P O Box 1006 Hervey Bay 4655 IPSWICH – MARIAN VIEVEYZER PO Box 62 Goodna Qld 4300 Telephone: 3288 1652

DIRECTORS Mr Garry Franke JP (Qual) 8 Patrol Street, Jamboree Heights Q 4074

Telephone: (07) 3376 3375 Facsimile: (07) 3376 3375 Mobile: 0418 740 694

LOGANHOLME – PAULINE HARRIS 617 Underwood Road Rochedale 4123 Telephone: 3341 5555

Ms Jan Stafford JP (Qual) PO Box 1006, Hervey Bay Q 4655

Telephone: (07) 4124 2068 Facsimile: (07) 4124 5618 Mobile: 0412 782 743 e-mail: charolais4655@netscape.net

REDLANDS (Formally Capalaba) – JOHN GRAHAM 49 Alpinia Street Alexandra Hills 4157 Telephone: 3824 2014

Left to Right: Allan McTaggart, Joseph Law and Ray Young in Biloela

Dr Anthony Watson-Brown JP (Qual) Telephone: (07) 5538 5605 PO Box 1766, Facsimile: (07) 5538 5605 Broadbeach Q 4218 Mobile: 0421 188 309 e-mail: awbrown75@optusnet.com.au Mr. Raymond Young OAM, C.dec 102 Glenmore Road, Rockhampton Q 4701

Training The first JP (Qual) Examination for 2005 is on Tuesday 8 March.

Telephone: (07) 4927 4155 Mobile: 0405 624 648

JP (Qualified) Training Courses will be provided in Brisbane, Hervey Bay and the Gold Coast.

STATE OFFICE

HELPFUL NUMBERS FOR JPs

751 Stanley Street Woolloongabba Q Postal Address: PO Box 8419 Woolloongabba Q 4102

Adult Guardian Customs Watch Dept of Families 24 hour crisis line Dpt Foreign Affairs & Trade Consular Assistance Dispute Resolution Centre Mental Health Orders (office hours) National Security Hotline Public Trustee

Telephone: Free call: Facsimile: E-mail: 2

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(07) 3392 2455 1800 061 423 (07) 3392 2955 Website: www.qja.com.au theqja@powerup.com.au

Serving JP’s and C.decs Throughout Queensland

1300 653 187 1800 06 1800 (07) 3235 9999 (07) 3405 4799 1300 555 135 1800 017 288 (07) 3835 1444 1800 123 400 1300 360 044

BRISBANE – QJA House, 751 Stanley Street, Wooloongabba. Please contact State Office on (07) 3392 2455 for details of the courses being run. GOLD COAST – Please contact Valerie Aumann on 5598 1543. HERVEY BAY – Please contact Jan Stafford on 0412 782 743 or Fax (07) 4124 5618

ROCKHAMPTON – RAY YOUNG OAM 102 Glenmore Road Rockhampton 4701 Telephone: 4927 4155 SEQ – LOGAN – BERNICE LIPPIATT 5987 Mt Lindsay Highway Park Ridge 4125 Telephone: 3987 2557 TOOWOOMBA – BOB PILKINGTON 32 Blackstone Road Newtown 4305 Telephone: 3812 1865 TOWNSVILLE – RUTH SCHOKKER-JOHNSON PO Box 4220 Kirwin 4817 Telephone: 4722 6777 (W) 4770 7040 (H)

We encourage you to contact the Branch nearest you. Serving JP’s and C.decs Throughout Queensland

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VOLU M E 1 • NUMBER 3 • SPRING 2004

Directors’ Annual Report 1st Sepember 2003 - 31st August 2004 I have pleasure in presenting your Directors’ Report on the Queensland Justices Association for the year ended 31 August 2004.

signing centres maintain a high level of ethical integrity which the Board sees as essential in serving the public in a group manner. Further signing centres are planned to open over the next 12 months.

Since the AGM in December 2003 costs have been brought under control and we have had a balanced budget. Before the elections in December 2003 unusual costs in the first three months of the financial year were incurred that led to a deficit in the accounts. However we are currently and have been for the past nine months operating within budget and for that period there was a surplus.

QJA supports the signing centres run in the Court Houses throughout the State. While QJA is pleased service is given to the public at independent signing centres, QJA is not able to fully support members who participate in non-QJA sanctioned signing centres. If the signing centre is not QJA sanctioned and is running in competition with services provided by a Branch, QJA may call on those members to support the QJA Branch signing centre in the area. The difficulty QJA sees with the non-sanctioned signing centres is the level of support the independent centres do not have when difficulties arise.

QJA has improved service to Members with a significant increase in financial members. The financial membership had fallen significantly at the beginning of December 2003. As at the date of this report we have almost doubled the number of financial members. The Branches at Ipswich, Hervey Bay and the Gold Coast have continued to operate at higher levels than in the previous year. New Branches have opened at Rockhampton, Redlands, Gladstone, Glasshouse Mountains, Townsville, Loganholme and Cairns. Branches at Emerald, Biloela, Longreach, Forest Lake, Western Suburbs, Stafford and Caboolture are in the planning stage and should be operational by the beginning of 2005. The Justice of the Peace (Qualified) training courses were examined in detail. It was decided to charge an economic fee to ensure the courses are a financial success. The Board then looked at the recruitment aspect of JP (Qual) training courses. It decided to turn the surplus QJA made back into the fees for the first year of membership for students. By exposing the new students to the benefits of QJA the Board hopes to encourage a higher percentage to retain membership after the initial year. This change came into effect for courses started after 1 July 2004. The full impact of this initiative will be realised after the first year. To provide wider training facilities, QJA has organised an accreditation course for experienced trainers to run JP (Qualified) training courses. The initial tutors course is scheduled for September 2004 in Brisbane and further tutor courses are planned for Hervey Bay, Central Queensland and North Queensland later in 2004 and 2005. QJA has continued to support the Branches in carrying out the delegated function of running signing centres. These centres operate under QJA’s banner at Pacific Fair, Australia Fair, Runaway Bay Shopping Village, Loganholme Hyperdome, Capalaba Central Shopping Centre and Bay Central Shopping Centre (Hervey Bay). The QJA

The Board decided to re-launch the Journal. The new format has been successful as the feedback shows members are happy with the information levels being provided as well as the fresh approach to the presentation of materials. The President Joseph Law and Director Dr Anthony Watson-Brown attended the annual 2004 conference of the Australian Council of Justices Association to re-establish contacts with the other States and Territories. This was successful in that ACJA is to hold its annual conference in Queensland in 2006 with Joseph Law to become President in 2005. He is currently Vice-President of that Council. To comply with the Corporations Act the Directors of QJA advise:• The principal activities of QJA during the year were the continued provision of services to Members, the publication of the Journal, the development of Branches and the State Conference for members. • The significant change in the State of Affairs of QJA that occurred during QJA’s financial year was the increase in membership and increased delivery of services to members. • QJA expects to increase the present status and level of operations and hence there are likely to be positive developments in the operations in future financial years. No indemnities have been given or agreed to be given or insurance premiums paid or agreed to be paid during or since the end of QJA’s financial year to any person who is or has been an officer or auditor of QJA.

Notice of Annual General Meeting Notice is given of the 2004 Annual General Meeting of the Queensland Justices Association to be held at QJA House 751 Stanley Street, South Brisbane, at 9:00am on Saturday 6 November 2004. The meeting will consider the Directors’ Report for the Financial Year 2003-2004 and the Financial Statement of the Company for the Financial Year. Members are encouraged to attend.

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Q.J.A. JOURNAL No person has applied for leave of Court to bring proceedings on behalf of QJA or intervene in any proceedings to which QJA is a party for the purpose of taking responsibility on behalf of QJA for all or any part of those proceedings. QJA was not a party to such proceedings during the year. DIRECTORS MEETINGS 1/9/03 – 31/8/04 No. of Meetings Held Joseph Law 12 Doug Hull 12 Bernice Lippiatt 12 Bob Pilkington 12 Garry Franke 12 Gordon Palm 2 Jan Stafford` 10 Laurie Thompson 7 Anthony Watson-Brown 10 Raymond Young 10 Nathalie Lobegeiger 2 Noel Hosking 2 Carmen Hassam 2

No. of Meetings Attended 11 9 12 10 10 2 4 7 10 4 2 2 2

Have you thought about Christmas Gifts? See page 9 for details.

Signed in accordance with a resolution of the Board of Directors.

Joseph Law JP (Qual) PRESIDENT Dated this 10th day of September 2004

ANNUAL SUBSCRIPTIONS REMINDER Ordinary Member $49.50

Pensioner Member $37.20

Married Couple $55.00

If you wish to pay by credit card, please ring the State Office on 3392 2455 or simply post a cheque for the appropriate amount with your name and address details to QJA, PO Box 8419, Woolloongabba, Q, 4102. We are a subscription based organisation and your support by early payment is appreciated and essential for the efficient running of your organisation.

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VOLU M E 1 • NUMBER 3 • SPRING 2004

Welcome to New Members The following have joined the Association since the Winter 2004 Journal: R. Eadie D. Barber E. Kuppe F. Whitford C. Isaac J. Aitchison B. Smith A. Young C. Morlin D. Simpson S. Barrie P. Driver R. Etwell A. Kent M. Gray K. Bruce J. Rasmussen C. Dixon W. Taylor K. Rees S. Knowles N. Harmer L. Bond M. Trasy K. Brown L. McFadden D. Lazzaroni C. Gillman-Wells E. Turner M. Tenni C. Wright B. Tuxford R. Blades R. Nahrung N. Collins J. Connolly E. Moore P. Middleton T. Young A. Hoadley

N. De Hayr T. Jaques S. Walsh A. Smith C. Smith A. Johnson P. Fisher L. Cran A. Spilsbury G. Scarfidi K. Stokes L. Jackson M. Mustafa J. Thomas B. Lee N. French M. Dougan L Dabelstein D. Jury E. Price E. Mackie E. Finglas J. Weier P. Davies A. Cosic J. Booth M. Palmer P. Willsallen J. Ogle D. Dempster M. Barlow J. Kimlin R. Steele R. Shaw I. Shimashi N. Marroni J. Vasey R. Fraser E. Germain R. McDonald

S. Huberdross R. Bellman T. Towers G. Bell A. Smith K. Milburn R. Perry J. Starck L. McPherson J. Crockett M. Bailey S. Priestley F. Freeman M. Rapkins J. Warner A. Hunt W. McKenzie N. Murray P. McKeever N. Barker V. Leavy L. Gulbransen J. Burgess J. Horswill S. Bardon D. Shackell R .Wyse T. Anderson K. Cherry K. Stone S. Warner I. Campbell C. Kable M. Chaytors D. McGuinness R. Rollason S. Miller C. Fyfe C. Knyvett S. Whitlock-Dawson

M. Roseby D. Sebastian S. Eady R. Rogers-Whitlock R. Pedley J. Doyle G. Brennan J. Ottaway S. Pardey J. Webber N. Bamford P. Anderson J. Owen M. Dunlop J. Barfoot S. Turner I. Barfoot C. Thomson M. Walmsley F. Brady G. Fernando L. Wood J. Ansell D. Hancock-Mills S. Windsor D. Lloyd P. Fox N. Moller J. Bailey J. Frost G .Rowland P. Apel H. Davis A. Tait T. Frawley G. Lai G. Forbes S. Hundloe E. Asher K. Johnson

K. Rae C. Heaton B. DeSilva L. Hanipale-Brady R. Bell W. Blewett S. Volling J. McGough J. Lyons D. Akers A. Morris J. Shergold

Vale We have received with sadness notice of the passing of the following Members: Sir James Walker Sir Walter Campbell

Edwin Dunstan David Nugent

Rose Rinaudo

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Roll of Honour The Association wishes to note the long service given by the following Members under their commission.

GOLD - 50+ YEARS OF SERVICE Edward Profke Wensley Goebel

John Witney Ian Russell

Phyllis Smith Guilford Huxham

Teressa Tunney Percival Smith

Derek Iron Ronald Archer

SILVER - 25+ YEARS OF SERVICE Gloria Tonkin Margaret Wise David Kropp Jeff Bluff Peter Taifalos Howard Foster Graham Taylor Demetrios Diacogianis John Wiseman George Johns Valerie Aumann William Purcell Dennis O’Keeffe Cecil Melbom Noel Madden Bruce Cartledge Margot Brook Herbert Morris Giuseppe Petralia James Horton Kevin Morrison Kaye Brooks Peter Geraghty Bryce Hawkins Edward Jones Eva Scott Denis O’Brien Christopher Dooley Nickolas Drakos Peter Connors John Beech Christian Neilson James Rowan Anna Smith

Helen Walker Bryan Mayhew Irene Coombes Roland Arnold Gordon Schmierer Kevin McBain Trevor Owens Mavis Byrne John Warner Robert Brice Dorothy Shirm Blair Wilson Patrice Grealy-Ridley Reginald Woltmann Ronald Mullins Lucius Richardson Wayne Davis Thomas Nulty Dianne Lynch Brian Galligan John Meldrum Jean Giufre Santo Raiti Marjory Stevens Samuel Tornatore Sharon Tranberg Desmond Bickle Daphne O’Hair Peter Steele Mariano Regano Carmelo Caruso Salvatora Caruso Thomas Burrell Giuseppe Rinaudo

Hubert Finney Shirley King William Mitchell William Simpson Bernard Carroll Erno Vecsey-Dalos Daniel McCluskey William Laurie Henry McGregor Guido Canale Rosemary Graham Dutton Patricia Church George Lambrinoudis Ivy Smith Terence Kearney William Patterson Alan Pennington Frederick Scott Sydney Smith Robert Champion Morgan Reeder James Conway Philip Bull Edward Jackson Vivian Connolly Earle Dunning John O’Neill Clare Kenny-Rounsefell Ronald Wood John McCormack Paul Parkinson Raymond Clark Ronald Green Arthur Clanahan

Gerard Liddy Brian Jones Roy Glendenning Michael Herron Clive George Keith Leask William Barrington Peter Clements Joan Goeldner Ronald Prideaux David Dossetto Marie Stock William Ross Kay Franks Leo Evans Horst Frey Peter Fiechtner Norma McDonald Antony Pomroy Herbert Wilson Peter Arapantges James Corfield Theo Marks Mary Munro Anthony Simmonds Lyle Parker Sebastian Schoenberger Iris Jackson Robert Campbell Kevin McKenna Pearl Noffke

Certificate of Distinguished Service The Department of Justice and the Attorney General issues to Queensland Justices of the Peace a Gold Certificate for 50 years of distinguished service and a Silver Certificate for 25 years of distinguished service on the nomination of the State Member for the area where the Justice currently lives. The Department needs to confirm the candidate’s eligibility so JPs seeking a certificate should check with the Department to find out whether their date of appointment is recorded. If the Department does not have the original gazette date, the JP needs to supply evidence of their appointment date. This can be a copy of the original documentation or a copy of the gazette notice. The State Library keeps the gazettes and the research librarian is normally able to assist in obtaining a photocopy. Candidates can ring the John Oxley State Library at Cannon Hill for assistance.

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News In Brief Sir James Walker Sir James Walker passed away in Longreach on 9 July 2004 aged 91 years. Sir James had been a member of QJA for over 50 years and led a full and active life principally in Western Queensland. It is with sadness we record the passing of a great Queenslander.

Sir Walter Campbell Former editor of the Association's Journal from 1946 to 1950, Sir Walter Campbell passed away in August 2004. Sir Walter is perhaps better remembered as a Governor of Queensland and Chief Justice of the Supreme Court. While not officially a member we acknowledge the significant contribution Sir Walter played with his assistance to our Association early in his career at the Bar.

Customs Procedures The procedures set out on page 140 of the Duties of the JP (Qual) Manual have changed. The main differences in the procedures relate to the recording of actions on copies of the documents provided by the Customs officer rather than the copy held by the detainee. The new page is not included in the current printed version of the Manual of JP (Qualified) Duties but can be obtained from the Internet site at www.justice.qld.gov.au. If you do not have

access to the Internet and regularly do Customs work, please contact State Office for a copy of the page to be sent to you.

Always at your Service A young Russian lady who had recently arrived in town visited a JP. She was trying to have an insurance document witnessed that required someone who had known her for 12 months. After the JP explained the difficulty that the condition imposed, the Justice took the lady through the list of “qualified” witnesses (all 29 categories) to see if anyone in town had known her for the required time. When all were exhausted without success, the JP suggested she come back in a year’s time. The lady asked “Why?” and the JP explained he would then have known her for 12 months! P.S. On the JP’s advice the lady rang the insurers and obtained a waiver on the condition, subject to providing photographic identity documents. All’s well that ends well!

Witnessing Documents Interstate If you travel interstate on holidays or business your powers to witness documents as a Justice of the Peace or Commissioner for Declarations are limited. You can witness Queensland and Commonwealth documents anywhere in Australia. You generally do not have power to witness other State or Territory documents as a Justice of the Peace or Commissioner for Declarations while out of Queensland.

Editorial The success of QJA in winning the hosting of the 2006 Annual Conference of the Australian Council of Justices Associations (ACJA) typifies the drive of the current Board in developing QJA as the benchmark for Justices Associations in Australia.

The eight States and Territories systems are significantly different but each has lessons for the others to learn. We need to continue to foster our relationship at the ACJA level.

It was interesting to see how the other Associations operate and the amount of support some receive from their respective State and Territory Governments. Western Australia, for example, is provided with office accommodation and sufficient funding to print their journal out of State funds. Victoria is housed in a renovated old courthouse provided by their State Government rentfree. South Australia is returning JPs to the Courts on a Statewide basis. New South Wales is reviewing its system to bring a more orderly system into play. They will require JPs to renew their appointment every five years.

Arising out of the diversity of the States and their respective systems seen throughout Australia, the Editorial Board thought members might like to see the part played in the 1890s by some Queenslanders in the creation of the Australian Constitution. The feature article in this Journal tells the story of a little “ship of state” and its use as a quiet place for the framers of our Constitution to work in peace. We hope you enjoy reading it.

The other States and Territories look with interest to QJA’s training and examination emphasis. The ACT actually uses our JP (Qual) Manuals as the basis for their training materials. And just as an aside, the ACT (with permission) “borrowed” the design of the QJA badge as the basis for their badge and logo.

The new Board’s expense trimming and vigorous shake up of services provided saw in 2004 a return of a surplus in the accounts in the last nine months of the year. This is indeed a very good sign. The Board will continue to work vigilantly to ensure funds are controlled and used efficiently in the provision of services and development of the Association for the benefit of all members.

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The QGSY Lucinda – its Constitutional Connection The following material is reproduced with the kind permission of our Patron, the Chief Justice. It forms part of a booklet published on the opening of the QGSY Lucinda display found in the lobby of the Supreme Court Banco Court, 2nd level, Supreme Court Building in George Street Brisbane. The story relates our federal source of law to a small Queensland ship and two extraordinary Queenslanders.

All this luxury accorded well with the uses to which the boat was put. Its purpose was to host ministerial voyages and Cabinet meetings on Moreton Bay. It was also used extensively for entertaining. She was sold by the Government in 1923 and ultimately beached at the mouth of the Brisbane River in 1937.

Andrew Thynne from Queensland, Sir John Downer, Henry Wrixon, a former Attorney-General of Victoria and in an unofficial capacity barrister Bernhard Ringrose Wise.

Little was accomplished that Friday due to rough weather on the trip up the coast but after anchoring the night at Refuge In the Lucinda’s glory days one of the Bay the work began in earnest the most important uses to which she was put following day. Henry Wrixton had already was during the 1891 Constitutional left the yacht followed by Downer. In a Convention in Sydney. The purpose of the mammoth 13-hour session the remaining Convention was to decide upon a feasible members of the party worked throughout plan for a federal Constitution. Saturday in the Smoking Room amending and discussing the finer points of the Queensland’s Premier, Sir Samuel Griffith emerging Constitution’s terminology was elected as the Convention’s Viceensuring the whole was written with President. He was also Chairman of the precision and clarity. Constitutional Committee, one of three The Queensland Government Steam committees appointed to deal with After spending the night anchored at “The Yacht Lucinda is most famous as the different aspects of the proposed Bill for a Basin” off Pittwater the Lucinda cruised venue for the initial drafting of the Constitution. The boat had been put at back to Sydney to collect Inglis Clark. Australian Constitution in 1891 but this Griffith’s disposal for the duration of the They spent the rest of the day sailing was neither the beginning nor the end of Convention and it must have seemed a around Middle Harbour while work on her history. more comfortable and private locale than the Constitution was finalised. Commissioned by the Queensland the deserted Parliament House. In these tasks Queenslanders Griffith and Government and taking her name from After reports had been received from all Thynne and their “little ship of state” the Lady Jeanie Lucinda Musgrave, the wife three committees, Griffith began the task Lucinda played a pivotal role. Griffith was of Queensland’s Governor, Sir Anthony of drafting the Constitution Bill on Monday unequalled as a legal draftsman and our Musgrave, the Lucinda was constructed in 23rd March 1891. Subsequently a drafting Constitution bears the marks of his 1884 on the Clyde River in Scotland by subcommittee was formed to continue this expertise. Andrew Thynne made an William Denny & Sons. After completion work and so Griffith was joined by the important contribution. He argued she set sail for Brisbane on the 17th Attorney-General of Tasmania, Andrew vigorously to protect the rights of the January 1885, a voyage which included Inglis Clark and former Attorney-General states and minorities that ensured a bouts of bad weather that necessitated of South Australia, Charles Cameron degree of autonomy to the States. periodic repairs to the paddle-wheel and a Kingston. Work continued and plans were two-week delay in Batavia when over half A replica of the Smoking Room and an historical made to continue meeting aboard the the crew came down with Java fever. display relating to the Constitution and the Lucinda over the Easter weekend. However the Lucinda triumphed over QGSY Lucinda is situated within the Supreme these obstacles arriving safely in Brisbane On Easter Friday the Lucinda steamed out Court Building, George Street, Brisbane. Members on the 7th May 1885 and arousing of Sydney Harbour bound for the mouth wishing to view the exhibit can contact the consider-able public curiosity. of the Hawkesbury River. On board were Supreme Court Library staff on (07) 3247 4373. Griffith and Kingston but due to a severe Group bookings are preferred. The Brisbane Courier was the next day to attack of influenza, Edmund Barton of the describe the 172 feet Lucinda as a NSW Legislative Council had replaced “strikingly handsome vessel”. The article Inglis Clark. Joining them were lawyer lauded “the beauty and comfort of her internal fittings which have been carried out on a scale quite new to Brisbane”. The boat, fitted with electric lights throughout, comprised of cabins for passengers and crew, two dining rooms which could seat up to 80 guests and had “revolving chairs at the dining tables”, a social hall, a lengthy promenade and the famous Smoking Room. Anthony Watson-Brown and President Joesph Law in the replica of the QGSY Lucinda, Supreme Court Brisbane. 8 • Serving JP’s and C.decs Throughout Queensland

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Members Questions & Answers

Each Journal we answer questions raised by Members. You can raise a point or ask a question by writing to the State Office giving the details relating to the question you need answered. If the matter is urgent, you can telephone State Office on (07) 3392 2455 or 1800 061 423 if you live outside the Brisbane metropolitan area. Q. Must I put my full name on warrants? A. As set out on page 85 of the JP (Qual) Manual there is no requirement for you to print your name on the warrant.

Q. Will we ever again be able to sign passport applications? A. At page 63 of the JP (Qual) Manual the question “Can I witness passport applications?” The Manual explains that though there is no longer a requirement for a passport application to be witnessed by a JP (Qual) or C.dec, you are free to do so if asked and meet the following qualifications. You qualify if you: •

Have known the applicant for at least 12 months; and

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Are not related to the applicant; and

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Hold an adult Australian Passport valid for more than two years and issued after 1987; or

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Have been on the Australian Electoral Roll for the preceding 12 months and are prepared to nominate you electoral registration details and date of birth.

Q. I have been asked on a number of occasions to advise a person to whom they should go to get advice for a mentally ill relative or friend. What advice should I give? A. Mental illness is probably more widespread than popularly believed. For mentally ill persons, they need medical treatment and their carer/relative/friend should be referred to a mental health practitioner or a medical practitioner to give proper advice. If the concern is that property of a mentally ill person is being interfered with or possibly being neglected, the appropriate person for the carer/ relative/friend to contact is the Public Trustee or the Adult Guardian or Child Guardian as appropriate.

Q. When we witness an Enduring Power of Attorney do both the Principal giving the power and the Attorney need to be present? A. At page 48 of the JP (Qual) Manual you are first to ensure that everyone who needs to be present is present. These people are

Q. Can a police officer in uniform insist that his uniform is sufficient I.D. for a JP to act? A. Step 6 of the steps advised as the proper procedure for witnessing documents generally (at page 22 of the JP (Qual) Manual) requires that you ask for proof of identity. The recommended proof is photographic ID. You may only request the ID but if you are not satisfied with the identification of the police officer you should decline to witness his document. It is possible to hire police uniforms from costume agencies so the uniform itself in these circumstances is not sufficient ID. All police usually carry a warrant card. A driver’s license is also a common document for a police officer to have.

Merchandise The following merchandise is now available and can be ordered by ringing QJA State Office JP Pin Badge . . . . . . . . . . $3.50 incl GST Pocket Badge . . . . . . . . . . $9.50 incl GST Biro . . . . . . . . . . . . . . . . . . $1.00 incl GST Quality Biro . . . . . . . . . . $6.00 incl GST Coffee Mug . . . . . . . . . . . $7.50 incl GST Cap . . . . . . . . . . . . . . . . . $19.50 incl GST Car Sticker . . . . . . . . . . . $3.00 incl GST Certification self-inking and other rubber stamps are available on request.

Publications The Duties of Justices of the Peace (Qualified) Manual $13.20 incl GST

• The principal • The witness (yourself). It is recommended that the attorney is present as well because the attorney will have to sign an acceptance section in the document. However the law allows this to be done at another time if necessary.

The Administrative Duties of Commissioners for Declarations $6.60 incl GST

Serving JP’s and C.decs Throughout Queensland • 9

THE

Q.J.A. JOURNAL QUEENSLAND JUSTICES ASSOCIATION FINANCIAL STATEMENTS AT 31 AUGUST 2004

INDEPENDENT AUDIT REPORT TO THE MEMBERS OF THE QUEENSLAND JUSTICES ASSOCIATION Scope We have audited the attached financial statements of the Queensland Justices Association (the Company) for the year ended 31 August 2004. The Company’s Directors are responsible for the preparation and presentation of the financial statements and information contained in them. We have conducted an independent audit of the financial statements in order to express an opinion on them to the Members of the Company. Our audit has been conducted in accordance with the Australian Auditing Standards to provide reasonable assurance whether the financial statements are free of material misstatement. Our procedures included examination, on a test basis, of evidence supporting the amounts and other disclosures in the financial statements, and the evaluation of accounting policies and significant accounting estimates. These procedures have been undertaken to form an opinion whether, in all material respects, the financial statements are presented fairly in accordance with Australian Accounting Standards and other mandatory professional reporting requirements in Australia and statutory requirements so as to present a view which is consistent with our understanding of the Company’s financial position, and performance as represented by the results of its operations and its cash flows. The audit opinion expressed in this report has been formed on the above basis.

Audit Opinion In our opinion the financial report of the Queensland Justices Association is in accordance with: a) The Corporations Act 2001, including: i. Giving a true and fair view of the Company’s financial position as at 31 August 2004 and of its performance for the financial year ended on that date; and ii. Complying with Accounting Standards in Australia and the Corporation Regulations 2001; and b) Other mandatory professional reporting requirements in Australia. Bennett Partners Chartered Accountants Brisbane

Christopher Lee Sammut Dated this 14th day of October 2004

DIRECTORS’ DECLARATION The Directors of the Company declare that: 1. The financial statements and notes, as set out on pages 3 to 5 are in accordance with the Corporations Act 2001: a. Comply with Accounting Standards and the Corporation Law; and b. Give a true and fair view of the Company’s financial position as at 31 August 2004 and of its performance for the financial year ended on that date. 2. In the Directors’ opinion there are reasonable grounds to believe the Company will be able to pay its debts as and when they fall due and payable. This declaration is made in accordance with a resolution of the Board of Directors of the Company.

Joseph Law, Director Dated this 14th day of October 2004

10 • Serving JP’s and C.decs Throughout Queensland

Anthony Watson-Brown, Director

VOLU M E 1 • NUMBER 3 • SPRING 2004

QUEENSLAND JUSTICES ASSOCIATION FINANCIAL STATEMENTS AT 31 AUGUST 2004 STATEMENT OF FINANCIAL PERFORMANCE FOR THE YEAR ENDED 31 AUGUST 2004 Operating Revenue Operating Profit(Loss) before abnormal items and income tax Abnormal Items before income tax Operating Profit(Loss) before income tax Income Tax Expense(Benefit) attributable to Operating Profit(Loss) Operating Profit(Loss) after Income Tax Accumulated Profit(Loss) at beginning of year Accumulated Profit (Loss) at end of year

STATEMENT OF FINANCIAL POSITION AS AT 31 AUGUST 2004 CURRENT ASSETS Cash Receivables Inventories TOTAL CURRENT ASSETS NON-CURRENT ASSETS Training Manuals & Development Property Plant & Equipment TOTAL NON-CURRENT ASSETS TOTAL ASSETS CURRENT LIABILITIES Accounts Payable and Prepaid Subscriptions Provisions TOTAL CURRENT LIABILITIES NET ASSETS MEMBERS EQUITY Accumulated Funds TOTAL EQUITY

STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 31 AUGUST 2004 CASH FLOWS FROM OPERATING ACTIVITIES Receipts from Customers Payments to Suppliers and Employees Interest Received Net Cash provided by (used in) operating activities CASH FLOWS FROM INVESTING ACTIVITIES Purchase of Property, Plant and Equipment Net Cash provided by (used in) investing activities CASH FLOWS FROM FINANCING ACTIVITIES Net Cash provided by (used in) investing activities Net increase (decrease) in cash held Cash at the beginning of the year Cash at the end of the year The above should be read in conjunction with the accompanying notes.

Notes

2004 $ 203,040 (24,537) (24,537) (24,537) 31,127 6,590

2003 $ 195,162 (11,820) (11,820) (11,820) 42,947 31,127

Notes

2004 $

2003 $

11(A) 4

42,239 231 3,120 45,590

17,225 2,291 3,232 22,748

5 6

5,321 5,321 50,911

6,495 9,347 15,842 38,590

7 8

42,650 1,671 44,321 6,590

7,463 7,463 31,127

6,590 6,590

31,127 31,127

2004 $

2003 $

202,096 (177,152) 944 25,888

191,561 (197,519) 1,413 (4,545)

(874) (874)

(2,494) (2,494)

25,014 17,225 42,239

(7,039) 24,264 17,225

Notes

11(B)

11(A)

Serving JP’s and C.decs Throughout Queensland • 11

THE

Q.J.A. JOURNAL NOTES TO AND FORMING ART OF THE FINANCIAL STATEMENTS NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The following is a summary of the material accounting policies adopted by the Company in preparing the financial statements. These policies have been consistently applied unless otherwise stated.

(a)

Basis of Accounting The financial report is a general purpose financial report which has been prepared in accordance with Accounting Standards and other authoritative pronouncements of the Australian Accounting Standards Board and the Corporations Law. The Financial Statements have been produced on an accruals basis in accordance with the historical cost convention and except where otherwise stated assets and liabilities are shown at cost.

(b) Income Tax

The Company is exempted from income tax under section 50-10 of the Income Tax Assessment Act 1997. (c)

Inventories

Inventories are measured at the lower of cost and the net realisable value. Costs are assigned on the First In First Out basis. (d) Property, Plant and Equipment

Each class of property, plant and equipment is carried at cost or fair value less, where applicable, any accumulated depreciation. The carrying amount of property is reviewed annually by Directors to ensure that it is not in excess of the recoverable amount from these assets. The recoverable amount is assessed on the basis of the expected net cash flows which will be received from the assets employment and subsequent disposal. The expected cash flows have not been discounted to their present value in determining recoverable amounts. Depreciation/Amortisation All non-current assets with limited useful lives are depreciated over their estimated useful lives using the diminishing value basis of depreciation. (e) Leases

Leases of fixed assets where substantially all risks and benefits incidental to the ownership of the asset, but not its legal ownership, are transferred to the Company are classified as finance leases. Finance leases are capitalised, recording an asset and a liability equal to the present value of the minimum lease payments, including any guaranteed residual values. Leased assets are amortised over the estimated useful life of the asset or the period of the lease, whichever is the shorter, where it is likely the Company will obtain ownership of the asset. Lease payments for operating leases, where substantially all risks and benefits remain with the lessor, are charges as expenses in the periods in which they are incurred. Lease incentives under operating leases are recognised as a liability. Lease payments received reduce the liability. (f) Employee Benefits

Provision is made for the Company’s liability for employee benefits arising from services rendered by employees to balance date. Employee benefits expected to be settled within one year together with entitlements arising from wages and salaries, annual leave and sick leave which will be settled after one year, have been measured at the amounts expected to be paid when the liability is settled, plus related on-costs. Other employee benefits payable later than one year have been measured at the present value of the estimated future cash outflows to be made for those benefits. Contributions are made by the Company to employee superannuation funds and are charged as expense when incurred. (g) Accounts Payable

Accounts Payable have been recognised as a liability for the year ended 31 August 2004 at the time when the amount owed can be measured reliably and when it is probable that the account will have to be paid. This is the time of the goods being received or the service being performed. The amount recognised for each creditor is based on purchase or contract costs. The amounts are unsecured and are normally settled within the time limits of normal terms of trade. (h) Cash

For the purposes of the statement of cash flows, cash includes: • Cash on hand and at call deposits with banks or financial institutions, net of any bank overdrafts; and • investments in money market instruments within three months. (i) Members’ Subscriptions

Members of the Company are Justices of the Peace and Commissioners for Declarations who pay an annual subscription fee. Subscriptions paid in advance are treated as current liabilities. (j) Comparative Figures

Where required by Accounting Standards comparative figures have been adjusted to conform with changes in presentation for the current financial year.

12 • Serving JP’s and C.decs Throughout Queensland

VOLU M E 1 • NUMBER 3 • SPRING 2004

NOTE 2: REVENUE Operating Activities Members’ Subscriptions Sales of QJA Items Interest Received Training Fees Received Donations State Conference

NOTE 3: OPERATING PROFIT (LOSS) The operating profit(loss) before income tax is arrived at after charging and crediting the following specific items Charges: Amortisation - Training Manual Depreciation of Property, Plant and Equipment NOTE 4: RECEIVABLES — CURRENT Sundry Debtors Security Deposit - Energex

NOTE 5: TRAINING MANUAL AND DEVELOPMENT Training Manual Development Accumulated Depreciation

NOTE 6: PROPERTY, PLANT AND EQUIPMENT Office Equipment — at cost Accumulated Depreciation Office Furniture — at cost Accumulated Depreciation Leased Assets — at cost Accumulated Amortisation Furniture & Fittings - at cost Accumulated Depreciation Furniture & Fittings (Training Division) - at cost Accumulated Depreciation

Change of Address

2004 $ 180,173 3,517 944 16,969 1,437 203,040

2003 $ 163,533 6,262 1,413 23,884 70 195,162

2004 $

2003 $

6,495 4,900

6,495 3,664

2004 $ 131 100 231

2003 $ 2,191 100 2,291

2004 $ 12,990 (12,990) -

2003 $ 12,990 (6,495) 6,495

2004 $ 46,991 (41,670) 5,321 13,802 (13,802) 9,208 (9,208) 675 (675) 764 (764) 5,321

2003 $ 46,117 (39,466) 6,651 13,802 (12,309) 1,493 9,208 (9,208) 675 (236) 439 764 764 9,347

Please contact the State Office phone 07 3392 2455 or email: theqja@powerup.com.au if you have any change of address/telephone/email details.

Serving JP’s and C.decs Throughout Queensland • 13

THE

Q.J.A. JOURNAL NOTE 7: ACCOUNTS PAYABLE — CURRENT Accounts Payable Input Tax Credits Subscriptions in advance GST Payable PAYG Withholding Superannuation Payable

NOTE 8: PROVISIONS — CURRENT Provision for annual leave

2004 $ (1,678) 39,601 3,771 665 291 42,650

2003 $ 1,286 (421) 3,458 1,756 650 734 7,463Ï

2004 1,671

2003 -

NOTE 9: COMPANY STATUS The Company does not have a share capital as it is a company limited by guarantee. The liability of the members is limited to $1 in the event of the Company being wound up. NOTE 10: RELATED PARTY DISCLOSURE The Directors of the Company during the year Joseph Law Bob Pilkington Anthony Watson-Brown (apptd 6/12/03) Gordon Palm (aptd 6/12/03) (Res 27/2/04) Nathalie Lobegeiger (Res 6/12/2003)

were: Doug Hull Bernice Lippiatt Garry Franke Jan Stafford (aptd 6/12/03) Raymond Young OAM (apptd 6/12/03) Carmen Hassam (Res 6/12/03) Laurie Thompson (aptd 6/12/03) (Res 15/6/04) Noel Hosking (Res 6/12/03)

NOTE 11: CASH FLOW INFORMATION (a) Reconciliation of Cash Cash at the end of the year is shown in the statement of financial position as: Suncorp – Main Account CBA – QJA State Office CBA – Investment Account CBA – Training Division Petty Cash

2004 $ 33,596 509 5,664 2,270 200 42,239

(b) Reconciliation of Cash Flow from Operating Activities with Profit from Ordinary Activities after Income Tax 2004 $ Profit (Loss) from ordinary activities after income tax (24,537) Non-cash flows in Operating Profit: Amortisation of Training Manuals 6,495 Depreciation of Fixed Assets 4,900 Changes in Assets and Liabilities Decrease(increase) in Trade and other Debtors 2,060 Decrease(increase) in Inventory 112 Increase(decrease) in Trade Creditors and Accruals 35,187 Increase(decrease) in Employee Provisions 1,671 Reconciliation Adjustment Net Cash provided (used) by Operating Activities 25,888

2003 $ 6,971 5,661 4,393 200 17,225

2003 $ (11,820) 6,495 3,664 (2,191) (876) 1,594 (1,411) (4,545)

NOTE 12: SEGMENT REPORTING The Company operates in one geographical location, being Queensland. The principal activities of the Company are fostering the education of Justices of the Peace and Commissioners for Declarations., to disseminate information to members to assist them to carry out their duties under these positions and to support and protect the status and interests of Justices of the Peace and Commissioners for Declarations.

14 • Serving JP’s and C.decs Throughout Queensland