VOLUME 2 • NUMBER 4 • SUMMER 2005 – 06
QJA — Established in 1918
3
Official Magazine of the Queensland Justices Association
PRESIDENT’S REPORT
FROM THE BOARD LATIN & LEGAL PHRASES
4
ROLL OF HONOUR
new members
5
NEWS IN BRIEF
EDITORIAL
6 ROCKHAMPTON STATE CONFERENCE
Delegates to the 2005 Annual Meeting of ACJA held in Perth under the Presidency of Mr Peter Kretchmar JP (centre front)
Patron’s Message
ACJA Annual Meeting in Perth sets new sights for national body
Mayor Strelow’s Speech
7 ARTICLE
Justices of the Peace and the Law – Where the Future Lies
Perth was the site for the Australian Council of Justices Association’s (ACJA) annual meeting on Saturday, 8 October 2005.
10 Q & A
Members Questions & Answers
Mr Peter Kretchmar JP from Western Australia chaired the meeting as President and 16 delegates representing all member Associations held a lively debate on the best way to take the Council meetings forward.
LETTERS TO
THE EDITOR
11 ROCKHAMPTON STATE CONFERENCE Selected Open Forum Issues
During the meeting delegates looked for a way to better use the limited time available, identified inefficiencies and reorganised the way of achieving the Council’s objectives.
13 BRANCH CONTACTS
TRAINING
The most significant achievements included setting up three working groups to take issues forward to the next meeting.
14
MERCHANDISE
15 QJA IN PHOTOS
The first group has the task of surveying the Associations and collecting information on subsidies provided by Government to Associations in the various States and Territories.
QJA MEANS 16 WHAT TO MEMBERS
QJA delegates will coordinate this project over the next three months. The second is to review on-line services available to ACJA with Tim Potter JP (SA) and Peter O’Halloran JP (ACT) as members to report by May 2006. The other group, consisting of Michael Cheshire JP (Vic), Tim Potter JP (SA) and Frances Sinclair JP (NSW), is to consult on future core business objectives of ACJA and report also by May 2006. Mr. Joseph Law JP(Qual) the former President of QJA was inducted as President of ACJA for 2005-06. Mr. Michael Cheshire JP was re-elected as Registrar for the coming year. The Royal Association of Justices of Western Australian hosted their annual dinner on the evening of the ACJA meeting with ACJA delegates as honoured invitees among the 120 persons present to cap off a memorable and very worthwhile gathering. Serving JPs and C.decs Throughout Queensland
The
Q.j.a. journal
Our Patron The Hon Paul de Jersey, AC, Chief Justice of Queensland
Board of Directors PRESIDENT & CHAIRMAN OF THE BOARD Mr Bob Pilkington JP (Qual) 32 Blackstone Road, Newtown Q 4305
Telephone: (07) 3812 1865 Mobile: 0438 121 865 e-mail: bob.pilkington@qja.com.au
VICE PRESIDENTS Mr Doug Hull JP (Qual) P.O. Box 5289, Torquay Q 4655
Telephone: (07) 4124 4214 Facsimile: (07) 4124 7939 e-mail: doug.hull@qja.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: bernice.lippiatt@qja.com.au
Dr Anthony Watson-Brown JP (Qual) PO Box 1766, Broadbeach Q 4218
Telephone: (07) 5538 5605 Facsimile: (07) 5538 5605 Mobile: 0424 778 543 e-mail: awbrown@qja.com.au
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 e-mail: garry.franke@qja.com.au
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: jan.stafford@qja.com.au
Mr Roger Kelly JP (Qual) PO Box 4414 Forest Lake Q 4078 Telephone: (07) 3279 9710 Facsimile: (07) 3278 9899 Mobile: 0403 034 408 e-mail: roger.kelly@qja.com.au
Mrs Marian Vierveyzer JP (Qual) PO Box 62 Goodna Q 4300 Telephone: (07) 3288 1652 Facsimile: (07) 3288 1262 Mobile: 0415 418 320 e-mail: marian.vierveyzer@qja.com.au
Ms Valmai Macaulay JP (Qual) PO Box 610 Beaudesert Q 4285 Telephone: (07) 5544 6460 Mobile: 0418 741 556 e-mail: valmai.macaulay@qja.com.au
Mr. Raymond Young OAM, JP (Qual) 102 Glenmore Road, Rockhampton Q 4701 Telephone: (07) 4927 4155 Mobile: 0405 624 648 e-mail: ray.young@qja.com.au
STATE OFFICE
MANAGER
HELPFUL NUMBERS FOR JPs
751 Stanley Street Woolloongabba Q Postal Address: PO Box 8419 Woolloongabba Q 4102
Mr Mark Davis MBA JP (Qual)
Adult Guardian Customs Watch Dept of Families 24 hour crisis line Dept Foreign Affairs & Trade Consular Assistance Dispute Resolution Centre Mental Health Orders (office hours) National Security Hotline Public Trustee
Office Hours: Mon-Fri 9.00am to 5.00pm
Telephone: (07) 3392 2455 Free call: 1800 061 423 Facsimile: (07) 3392 2955 Website: www.qja.com.au E-mail: admin@qja.com.au
Serving JPs 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
• 5S P – Volu m e 2 • N u m b e r 4 Volu • SmeUMMER 20 2 • N u mber 3 0 R I N0G62 0 0 5
President’s Letter Firstly, I would like to take this opportunity to thank all members for allowing me the opportunity to serve as your President. I would also personally like to thank Joseph and the outgoing Board Members for their tireless effort over the past two years.
Vice-President Anthony Watson-Brown and myself made representations to the Attorney General on 22 November and listed several items of concern to the QJA. The Board is waiting for the Attorney General’s response.
As you are aware Joseph has relinquished his position on the QJA board to enable him to fully commit his time and effort into his role as President of the Australian Council of Justices Association, for the next twelve months, and I am sure all members wish him every success in this role.
Finally on behalf of all Board Members and myself may I take this opportunity to wish all members and their families a Merry Christmas and a prosperous New Year.
The new Board held its first meeting on 28 November and a business plan for the next two years was discussed. Further information will be available when the plan is formalized [January 06]. The Board will continue to support the establishment of new branches and signing centres throughout the state.
Bob Pilkington PRESIDENT
From the Board The Board’s direction has not substantially changed since the changeover from Joseph Law as President to Bob Pilkington’s taking up of the reins. The EGM following the Annual General Meeting endorsed the constitutional changes to bring in associate members formally and changing the financial year to bring it into line with the traditional financial year.
Growth in Member and Branch numbers are two priorities that the Board has already identified for the year ahead. With certified trainers in North, Far North and Central Queensland as well as the South-east corner, training new JPs and offering refresher courses are likely items to appear in the business plan the Board will formulate in the coming months.
Latin & Legal Terms for JPs & C.decs A fortiori
All the more so; with even greater reason.
Act of God An accident or other happening caused not by man but by nature, eg, earthquake. Brief Instructions given to a barrister by a solicitor to represent a client in court. Corpus delecti
The essentials or body of a crime.
Devise
A gift in a will of freehold interest land.
Ex post facto
Subsequent to a main event.
Indictment A written accusation of a criminal offence which may be tried before a judge and jury. Lex mercatoria
Law merchant.
Nolle prosequi A document filed by the Crown Prosecutor indicating an unwillingness to proceed against a defendant named in an indictment. Obiter dicta A passing or chance remark, said by the way, and which does not form part of the ratio decidendi and therefore is not binding on future court deliberations. Plaint A written statement of facts on which an action is based in the Magistrates Court. Plea The statement of guilt or innocence of an accused person in reply to a criminal charge or indictment.
Ratio decidendi The reason or principle underlying a judicial decision. Subpoena A document ordering the presentation of a witness or document in court. Title Ownership, or the document conferring or evidencing ownership. Verdict A decision of a jury. Judgment is the decision of a Judge. Warranty A contractual undertaking or promise, breach of which gives a right to claim damages, but not to rescind the contract. Without prejudice A term used in correspondence when negotiating a settlement. Any terms offered by one party are not binding on that party, unless they are fully accepted by the other party. Further, any correspondence concerning such offers cannot be used as evidence in a court action. Writ A document issued by the court in the Sovereign’s name calling upon the person to whom it is addressed to do something, or to cease doing something. Writ of Summons A document which initiates a Supreme Court action. It gives the defendant notice of the plaintiff’s claim, and orders the appearance of that person in court to answer it. Serving JPs and C.decs Throughout Queensland
The
Q.j.a. journal
Roll of Honour The Association wishes to note the long service given by the following Members under their commission.
SILVER - 25+ YEARS OF SERVICE Douglas Banks
Norton Challenor
Ross Gibbins
Raymond Macoun
Robert Sharkey
Francis Burfein
Leslie Fenton
Edward Jones
Catherine Peters
Reginald Wilkins
Welcome to New Members The following have joined the Association since the Spring 2005 Journal. M D Adcock
R Y Currell
D R Hughes
A T Muir
D Strehle
S M Alderton
V K Dawson
G Hurst
R Nesic
P L Sweeney
D C Alexander
M De Lange
N P Jesson
C Oberdorf
T P Tait
F G B Allen
G D Dickson
M A Joliffe
D O’Loughlin
R E Tait
E K Anderson
M T Dobson
J A Jordan
K L Page
D G Tant
C L Archer
P Dolan
L A Jorgensen
D J Paradise
S A Treuren
R J Ballard
R H Entsch
L J Kerr
E Parker
D L Turner
S N Bates
V Felagi
A Kerridge
B P Patrick
M Volkman
S R Black
M Foster
R C Kim
D M Pitt
J A Watson
T J Bodlovic
A Friel
F Kleimeyer
D Purcell
L M Watts
T M Boelcsfoeldi
B H Fryer
J Kobelt
X Quinn
H Werner
N T Bowman
P C Fryer
W Lansdowne
P Rankine
I Williams
P J Brown
W S Gardiner
T R Levick
D Richmond
L G Wilson
S J Calvert
F A Gomes
Y Li
A L Roger-Jones
J K Wilson
G J Caster
P A Greenway
G C Lu
D K Royan
P M Wilson
B Castledine
S A Gregory
B Madden
S M Sargent
M F Windhaus
J M Chew
R B Harris
D F Male
M L Savage
J R Wittman
G J Clark
D J Hay
W D Mc Clintock
M J C Savage
K J Wolfe
M P Collins
R Heah
B J Mc Connell
B P Savage
G P Wright
J L Colton
M G N Hoare
S Miszkowski
B H Scott
G W Yappa
W V Cooke
J E Hollway
F L Modern
J M Smets
J P Yappa
Vale We have received with sadness notice of the passing of the following Members
• Serving JPs and C.decs Throughout Queensland
Peter Jonathon Hyde Bailey Alan Robert Bottomer Demetre Emmanuel Diacaris
Marilyn Ann Gear Gordon Green Lawrence Gunawan
Serving JPs and C.decs Throughout Queensland
John Charles Lederhose James Leslie Lightfoot Robin John Mackenzie
David Arthur Parnell Harry Edward Sargent Lynette Margaret Webb
Volu m e 2 • N u m b e r 4 • S UMMER 2 0 0 5 – 0 6
News In Brief AGM The Annual General Meeting was held on Saturday 5 November 2005. The main business was to receive the Annual Report of the Board which was published in the Spring 2005 Journal. The Board of Directors was returned unopposed, with Mr Bob Pilkington elected President, Mrs Bernice Lippiatt, Mr Doug Hull and Dr. Anthony Watson-Brown elected as Vice-Presidents, Ms Jan Stafford, Mrs Marian Vierveyzer, Mrs Valmai Macaulay and Messrs Garry Franke, Roger Kelly and Ray Young elected as Directors. The Auditors, Bennett Partners were reappointed. The Appeals Committee was also elected. Mr. Rob Gurney, Rev. John Barfoot and Ms Kristine Romer now form the Appeals Committee. If any member has a dispute concerning their membership of QJA, they can take the matter to the Appeals Committee by contacting the State Office Manager, Mr Mark Davis at Head Office.
All Aboard for Rocky Planes, trains and automobiles were all involved in getting Delegates to the 2005 Annual State Conference in Rockhampton. Gold Coast Branch in particular took advantage of the Queensland Rail Tilt Train when seven Gold Coasters travelled in luxury and style to the Conference. A Brisbane couple and even a Director from Hervey Bay accompanied them on the train trip to the Beef Capital for the September meeting. While some jetted into Rocky airport most delegates used a more traditional mode of transport, the family car, to get them to the Court on time. Over 40 areas within the State were represented. With the success of Rockhampton, the Board is calling for expressions of interest from Branches for holding the 2006 State Conference.
Editorial A question that is raised often by Justices of the Peace
EGM
(Qualified) is “When will we get to sit in Court?” Well the
An extra ordinary general meeting followed the AGM to adjust the Constitution in two small but significant ways.
answer is probably “Never” under the existing policy of
These were to recognise Associate Membership and change the financial year to coincide with the normally recognised financial year of 1 July to 30 June.
So, we may ask, is that part of the training that many
the Government.
JP(Qual)s undertake to ready themselves to sit on minor
Welcome to Valmai Macaulay
bench duties a waste of time?
About the time the Spring Journal went to press Val Macaulay joined the Board of Directors. Val resides in the Kooralbyn area near Beaudesert and recently formed the Beaudesert Branch of QJA.
On a philosophical plane, the answer is “no”. Learning in a related discipline assists JP(Qual)s to understand their duties in issuing warrants and summonses better, or at least it should.
For the two years prior to being invited onto the Board Val was a member of the Appeals Committee.
But on a pragmatic plane or realistic scale of assessment
Valmai is a Legal Executive with Body Corporate expertise who specialises in investigating issues related to body corporate management on behalf of strata title unit owners.
So are JP(Qual)s so deficient in training and knowledge
the answer must be “yes”.
that they are not equipped to serve on the bench in these
Her incisive mind is welcomed by fellow Board Members.
minor duties? Realistically, as novices they probably are,
Technology Advances
but it is not a matter of Einstein levels of knowledge that
The Board is conducting research into using Member Forums over the internet to allow Members to raise questions they encounter in every day work as a JP or C.dec.
are required. It is more of a practical issue or realiszing the effect of the orders they will make. The majority of candidates for the JP(Qual) exam are fit
While recognising the need to continue with the quarterly Questions and Answers in the Journal, the Board is conscious of the adaptability of the internet and has been trialling a Web Contact Group over the past weeks. So far the results are encouraging and Members will be kept informed of developments in this area.
and able to take the extra step needed to sit as a JP on
The concept is for moderated questions to be circulated to Members with internet access with replies being given by other members. These will then be reviewed with a view to correcting misconceptions and publishing the appropriate answers in the Journal.
So it is up to our political leaders to examine ways to
Members who are interested are asked to contact the State Office by e-mail at admin@qja.com.au to register their interest. The final form of the forum is still being worked on and the prototype is expected in the New Year.
Will JPs sit in the non-Aboriginal Courts in this State again?
minor bench duties – to appreciate the effect of what they are asked to do on the bench. The guiding hand of an experienced JP or Magistrate is all that most require having passed the JP(Qual) exam.
use this huge resource that lies idly by while precious Magistrate time is wasted on routine matters of judicial administration as we heard in Rockhampton.
Only time will tell.
Serving JPs and C.decs Throughout Queensland
The
Q.j.a. journal
Rockhampton State Conference September 2005 Although the Chief Justice was unable to attend the Annual State Conference in Rockhampton he did send a note of Welcome to delegates. The text of his message is:
The subsequent ‘justices’, or peace officers, created by King Edward III in 1327 refined the position description and lead to the role of Justice of the Peace as we know it today.
I am, as Patron, very pleased to welcome all delegates to the Annual State Conference, and especially pleased that the conference is taking place in Rockhampton. Justices of the Peace and Commissioners for Declarations fulfil a valuable role throughout the State.
As I read the notes about this conference and the roles that you play in the governance of society today, I couldn’t help but think of the other unwritten roles that you fulfil.
I regret that other commitments prevent my attending the conference. On the other hand, the conference is proceeding in the Supreme Courthouse, an appropriate venue in light of the nature of the work you daily accomplish. Travelling to court centres around the State, I am encouraged to see evidence of the developing relationship between local courthouses and the local cadres of justices. You continue to provide a most valuable human resource deployed in the service of the public and I commend the Queensland Justices Association for its abiding commitment to facilitate that deployment. I wish you a stimulating and informative conference. Thank you for keeping up the good work! The Hon. Paul de Jersey AC Chief Justice
Any society is a fragile thing, our whole system of community and government depends on us all agreeing to abide by a set of rules, to assign authority to certain groups and to uphold a particular set of shared values. Any breakdown on a large scale of these preconditions is anarchy. As a lawmaker I am often in a position of being asked to weigh the result of my decisions, and am constantly confronted with the inequities and imperfections of both my laws and the outcomes achieved. And yes I see these local laws flouted by those who seem intent on anarchy, even if on a very small scale. I do not underestimate the weight of the role you play, nor of the value that you contribute to the sustainability of what philosophers call the common good through your roles as enforcers. I also pay tribute to those who fill the very useful, indeed essential role of Commissioners for Declarations. You could be termed the link between the bureaucracy of government and the common man. The verifier, the certifier, the witnesses to our most defining transactions in life – thank you for your willingness to serve in this way. On behalf of the community at large, in the context of the very real honour I have to represent the united voice of at least 60,000 grateful people, I say ‘thank you’. I would like to thank our local justices who have made such a generous gesture with their time that we now boast two signing centres here in Rockhampton. But enforcement and law making and verifying truth, alone, are not sufficient to ensure the keeping of the peace. I was struck by the almost immediate reversion to a lawless state that occurred in New Orleans after the onslaught of Katrina. My mind struggled to understand the conditions that might have led to this state of anarchy.
Delegates participating in a tour of the Supreme Court Can you find yourself here?
The Welcome to Rockhampton Speech given by Mayor Margaret Strelow to delegates at the Annual State Conference: It is an honour to welcome to this fair city such an illustrious group. I understand that you had your beginnings as knights (and no doubt ladies) of the realm of Richard the Lionheart in 1195. No doubt Richard very much appreciated the ‘keepers of the peace’ or ‘custodes pacis’ who were appointed to help preserve the peace in those violent times.
Serving JPs and C.decs Throughout Queensland
In all the best of the boys own stories, and certainly the heroic tales of old, such challenges, such horrific disasters and desperate conditions always seemed to lead to noble and altruistic deeds. We have come to expect that, from among any group of people, the good and the virtuous natural leaders will arise and unite all around them to a common cause. But it did not appear to happen at the Superdome. The message I took from Katrina was both a warning and a reinforcement of a truth I learned as a mother. Discipline and threat of punishment will only achieve a certain amount in growing a community, a society or a child. Clearly we need laws, we need obedience and we need appropriate responses when our laws are broken. But the threat of punishment must be replaced over time by an innate, carefully
Volu m e 2 • N u m b e r 4 • S UMMER 2 0 0 5 – 0 6
Rockhampton State Conference September 2005 – Continued nurtured desire to do the right thing for its own sake, for the sake of those we love and for the good of society as a whole. We must grow a sense of the common good which will withstand a hurricane.
To those who are visitors, I wish you a delightful visit to our city – to all I wish you success in your endeavours during your time together.
To this end we need the influence of good men and women to spread throughout our community. We need the influence of people whom we respect, who live and work among us, modelling appropriate and law abiding behaviour to reinforce and to reinvigorate the democracy we so value. Your appointment of Justices of the Peace is a declaration of your commitment to our values and political governance system, but is also a declaration of your understanding of the common good and the price democracy requires. The police and the permanent judiciary are the enforcers of the law. From time to time you take your place along side them. However, you are also very much ‘of the people’. You are like salt adding good flavour in our community. These are uncertain times. Some of the networks and values we thought were unchallengeable in a democracy have been tested and found wanting in the face of a hurricane. And so our justices of the peace, our knights and ladies of the realm, on you rests a special responsibility. I see a special role for you as community leaders in the task of inspiring good citizenship, of instilling an understanding of the common good, and of reinforcing the value of community. These things we must hold when the enforcers cannot.
Mayor Margaret Strelow and Director Ray Young OAM enjoying a laugh during the opening of the Rockhampton Stockland Signing Centre
Justices of the Peace and the Law – Where the Future Lies Following is the text of the address given by Dr. Anthony Watson-Brown to the Rockhampton State Conference 2005. Is it possible to know where we are going if we do not know from where we have come and where we are now?
A further Act was passed in 1361 to authorise these Justices to bind over as a preventative measure persons who were regarded as unruly to keep the King’s Peace. That power is reflected in modern legislation under the Peace and Good Behaviour Act.
Some History
Wider powers of our predecessors
History has revealed we Justices of the Peace are of an ancient origin, over 800 years of directly traceable predecessors. Our tasks today do not require us to ride around on horseback, armed with a sword and to keep the peace, although some of us may have the skills.
The power of the early Justice of the Peace was not restricted to things legal. Until the 19th Century, JPs ran the country at a local level, fixing wages (the Industrial Commission of today) built roads and bridges (Department of Main Roads) and provided at the county level the services that Parliament delegated to them for the welfare of the County (Department of Social Services in whatever form we may like to describe them)..
The modern JP has generally been fully disarmed. We may ask ‘why?’ but more on that later. Legal history shows that the Kings of England regarded ‘peace’ as theirs and those who broke the peace did so against the King. Accordingly they, the Rulers, authorised people to go about the kingdom to keep the peace.
Being unpaid, Justices of the Peace normally were appointed from among the gentry of the land, having independent means of support.
As early as 1195 Richard I (the Lionheart) commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King and were known as Keepers of the Peace.
On the legal side they conducted the arraignment of all criminals and tried lesser offences and breaches of local laws. The load of the JPs became so great that the local borough eventually petitioned the Parliament for paid or ‘stipendiary’ magistrates.
Edward III formalised the institution by passing legislation in 1327 when ‘good and lawful men’ were to be appointed to guard the Peace. These early peace keepers were called ‘Justices’ and resolved minor matters of breaches of the peace. From this the title Justices of the Peace evolved.
In Britain today, JPs still conduct a significant volume of the judicial decision making at the local level. While there is a growing number of paid Magistrates, the English local bench is regularly inhabited by usually three JPs dispensing justice.
Serving JPs and C.decs Throughout Queensland
The
Q.j.a. journal Justices of the Peace and the Law – Where the Future Lies – Continued The Australian JP in Queensland
Quotas
Australia inherited as part of the Common Law the system of Justices of the Peace. For Queensland it came via New South Wales and the system in this State resembled that of England until the middle of the 20th Century.
Previously quotas applied. When I was appointed in 1969, policy dictated that each MP could nominate two JPs a year for their respective electorates. Today there is no restriction on the number of JPs or C.decs appointed.
The Queensland Court system
“Types” of JP
The Queensland Court system evolved a career structure for clerical staff in the Magistrates Court that allowed them to rise through the ranks of the support staff to become Clerk of the Court and after a requisite period of service to be appointed as a Stipendiary Magistrate.
Previously there was but one type of Justice of the Peace. Today, there are five different categories of JP.
The early SMs, as they were known, had little or no formal legal education other than what they learned on the job. It was a good apprenticeship and many of the old SMs were held in high regard by the legal and judicial professions. They were extremely experienced and ‘professional’ JPs. In the latter part of the 20th century, Clerks of the Court were required to qualify as Solicitors before they could be appointed to the post of Magistrate. At the same time, the Queensland Government reduced to a minimum the number of JPs who sat on the Bench fulfilling Minor Bench Duties. Bail and Traffic Courts were the last to see the old JP sitting as a court.
The 1991 Review By 1991 a thorough overhaul of the JP system was almost completed with the JP being given a new title of JP(Qualified) and factually grounded as a functionary in Court. Indeed some think the “(Qualified)” title did not show that a qualification was required but that the duties of the JP had been qualified to exclude certain powers! A few exceptions occurred as Court Staff JPs of sufficient rank still sat in Bail and on adjournment matters, particularly when there was no resident or local SM available in remoter areas. In 1995 the Justice of the Peace (Magistrates Court) was introduced to cater for remote areas and Aboriginal and Torres Strait Islander Community Courts. The JP (Mag. Court) has partially filled the position vacated by the removal of the powers of the old Justice of the Peace in 1991.
A Comparative Analysis The changes in the past 20 years have been quite revolutionary, almost as radical as the creation of the commission in the first place. A comparison of the previous system with the current one highlights the radicalness of the changes.
Elitist vs Egalitarian approach Rather than an elitist style of approach of selecting people from the community, the changes brought about an egalitarian, selfselection process into play. While the Local Member of Parliament plays a role in the process, that role is significantly different from the role of the MP in the past. Previously MPs selected the candidate for the role. Today’s JP and C.dec select themselves.
Serving JPs and C.decs Throughout Queensland
The old JP has been replaced by the Commissioner for Declarations, the Justice of the Peace (Qualified) and the Justice of the Peace (Magistrates Court). Those of us who were previously appointed and did nothing to bring themselves under the new regime after 1991 are now known as JP (C.dec) giving the fourth category and some people are JPs arising out of their position or ex officio JPs.
Duties of the JP The duties of the JP of old have been split between the 3 main categories with the C.dec (and JP(C.dec)) carrying out the administrative function of certifying copies and witnessing documents, the JP(Qual) having some quasi-judicial functions in issuing summonses and warrants and minor bench functions (rarely performed) of granting bail and making temporary orders under the domestic violence regime while the JP(Mag. Court) fulfils the role of the old JP in constituting a court to deal with summary matters. That short traverse of 810 years of history brings us to today and where we are.
Where do we go from here? C.decs At the basic level there is not a lot more for us to do. C.decs are not required to undertake a formal course and satisfy the Department they understand their duties on the exchange of correspondence. With that minimal background the duties of a C.dec might be regarded as proportionate.
JP(Qual)s JPs (Qual) are trained for a level that is significantly greater than the duties they regularly undertake. The JP(Qual) carries out the certifying and witnessing duties of the C.dec and are qualified to issue summonses and warrants, although not all warrants. There is good justification for restricting some types of warrants such as covert search warrants that permit tracking and surveillance devices to be used because of the sensitivity of the work involved and the need for secrecy that these excluded warrants require. Some are only able to be issued by Supreme Court judges because of the sensitivity of the intrusion on peoples’ rights. While JPs (Qual) are trained to do minor bench duties, they just do not get the work. The Government does not let them sit. This waste of a resource is not justified.
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Justices of the Peace and the Law – Where the Future Lies – Continued The JP(Mag Court) The JP(Mag Court) in some ways does this work but their deployment is restricted principally to indigenous communities. Some JP(Mag Courts) employed by the State do sit but they are employed by the State. There is little or no significant benefit to the community through the use of court employees when free, qualified JPs sit in the front of the court foyer witnessing documents, and defendants sit for hours waiting to get an extension of bail or an adjourned hearing date.
Impact of the new system The socio-economic spectrum of the typical defendant who suffers most by the failure to use the JP(Qual) to run adjournments is probably the area that can least afford to take a day off work to wait around the court corridors. Many are in domestic violence matters which in the local court on the Gold Coast are listed for “Not before 11:00 am for mention. “
If the JP (Qual) is not to be used in these minor bench duties (for which they received training – hopefully – in their quest to become JPs) then the Government should train those willing and suitable to be JP (Mag Court) to relieve highly paid Magistrates from these minor bench duties in all courts at the Magistrates Court level. It happens in Victoria, South Australia and Western Australia as well as in New Zealand and the UK. As a lawyer, I would like to see a minimum period between arrest and trial. Witnesses can lose interest and even memory if trials are delayed. Matters cannot be referred to superior courts if the Magistrates are tied up on other duties. With paper or uncontested committals the matter becomes a minor bench duty. Queensland deserves justice. Justice delayed is justice denied.
Can you imagine a day labourer going to the work site at 7:00 am start leaving at about 8:30 am to return home to have a shower and dress for court, arriving at 11:00 am, waiting until lunch for the lawyers representing the better off parties in the jurisdiction argue over whatever, the court adjourning at 1:00 pm for lunch and the day labourer being told around 2:20 pm in a brief 15 second appearance that he can come back in 5 or 6 weeks to be dealt with. The typical defendant would not go to work – dock one day’s pay. And we may ask why he beat up on his de facto – because they were short of money, a problem only added to by the court process.
A proposed way forward What is proposed in this part of this paper is that JPs (Qual) be considered for manning the adjournment courts. By listing noncontentious matters that require no real judicial decision making to be exercised, paid Magistrates could be freed up to get on with what they are being paid to do – namely hear cases and dispense justice. If the question of qualification comes into the equation, then train the willing JPs (Qual) as JPs (Mag. Court). Indeed this leads to the next underutilisation of resources. Why are the European communities in our State denied the use of suitable JPs (Mag. Court), particularly in the area of pure summary matters? For centuries JPs have dispensed justice effectively and efficiently. Suddenly, in the latter part of the 20th century, for some until now undisclosed reasons, JPs all became incompetent! There was no reasoning expressed for this change other than a decision to “reform” the JP system. When the lack of logic was realised and the JP (Mag Court) was created, the vast majority of the State was deprived of their ability to dispense justice for the good of the common man. I do smell some “rats” in the process but until the government explains why, it is probably unnecessary to say any more on the “rationale” or “lack thereof”, as a lawyer may say. The expression “stipendiary magistrate” says much. The salary of the SM (now called simply “Magistrate” and “Your Honour”) is signified in the stipend they are paid. The word is significant. The paid magistrate’s time should not be wasted on time consuming minor bench duties.
L-R – Mr Paul Hoolihan, MLA, President Bob Pilkington & Mr Chris White, Justice Department at the State Conference
A Strong Police Presence The morning sessions at the State Conference felt a strong police presence when Inspector David Scott and Senior Constable Chris Schick gave an interesting oversight of the Policeman’s view of the role of a Justice of the Peace in Police Service duties. Delegates were enlightened as both Officers opened up what may otherwise blind side to how JPs are seen to one of the major users of JP services. Inspector Scott tied the Justices’ role into the Police Service role in the community. The Police Service has over 9,000 members and 2,300 civilians working to ensure Queensland is a safe place to live. Senior Constable Schick recognised the important role Justices played in ensuring the Police actions in many ways are kept above reproach because of the check and balance role played. He acknowledged that JPs were seen as support personnel from the Police perspective. Senior Constable Schick also noted that the support aspect was regularly encountered and the individual police were grateful for that support. A pleasing aspect of his address was the vote of thanks to the spouses and families of JPs who were often inconvenienced by Police visits at odd hours. Serving JPs and C.decs Throughout Queensland
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Members Questions & Answeres
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. Do I need to see the power of attorney document when witnessing a Land Title document signed under the power of attorney? A. No. The attorney needs to identify themselves according to the usual requirements for Land Title documents. The execution part of the document must refer to the registration number of the power of attorney. The following is an example: John Citizen by his attorney Jane Citizen under power of attorney No 7060504
Letters to the Editor
Q. I note the Queensland Government is advertising that there is a need for persons dealing with children, no matter how seldom, to have a blue card. Are we as JPs required to hold such a card? We are called upon to give services in the field of child care. This may be a seldom call, but we are required to do so. A. If a JP is required to sit as a support person with a child at a police interview, there would be no requirement for them to hold a blue card. Most of our work is with adults so the question of having a blue card does not normally arise. The rare occurrence of witnessing a child’s signature is not the type of contact that requires a blue card. Usually the child will be accompanied by a parent or guardian as their supervisor so the circumstances do not give rise to a blue card situation. It would be unusual if the particular work you do as a JP does bring you into regular contact with children. You may require a blue card for other work you do for children. The fact that you are a JP does not exempt you from having to hold a blue card. The checks and requirements for being a blue card holder are quite different from the checks for being a JP. Q. What authority does a JP (Qual) have in regard to seeing and investigating search warrants or similar information at a police station? What action can a JP (Qual) take if the police fail to take action regarding an alleged assault? A. None, in either case. A Justice of the Peace is not an investigating authority. A JP must be careful not to give legal advice to a person who complains about the police but should refer them to the Crime and Misconduct Commission. Great care must be taken so as not to jeopardise any action the CMC might be able to take in the matter. Q. Does QJA give a discount to C.decs who are Members for completing the training course run by QJA for the JP (Qual) examination? A. Yes. The fee is set but QJA uses $50.00 to cover the first year’s fee for a new JP (Qual) from when they enrol. The initial Membership is as an Associate Member, but C.decs who are already Members of QJA are give a credit of $50.00 for membership. 10
Serving JPs and C.decs Throughout Queensland
True and correct copies – certified I was recently working at Loganholme Shopping Centre and a True and Correct Copy (T&CC) came across our desk. The lady concerned required a copy to be certified but in passing showed us another, with the comment ‘it has already been done’. The T&CC had been completed with the certification on the reverse of the paper. The JP who certified this document was unaware this is not a “best practice” JPs and C.decs might like to consider:
1. At best it will be accepted by the recipient. 2. Next best a blank page has been certified. 3. At worst, the blank page could be used to photocopy something else onto it.
When approaching this situation, certify the first page and make the reverse inoperable. Just whilst I am on my ‘soapbox’ maybe I could address the certification of two or three items on a single sheet of paper, such as a copy driver’s licence, a credit card and a Medicare card. Best practice to me is to put my T&CC stamp across the corner of each item, that is, three times, because they are three different items and should be treated so. I have seen times when they are certified once only in the corner of the page in the blank area. Peter McLeod, JP(Qual) Rochedale
How are we addressed in Court? The latest edition of the Duties of the Justice of the Peace Manual has an inconsistency in the way in which it treats this subject. Page 153 notes that when on the Bench, both magistrates and JPs are addressed as ‘Your Worship’ in the court. Page 167 of Manual states “What is the correct form of address? (in court)
Court convened by Magistrate 2 Justices of the Peace (Magistrates Court)
Addressed as Your Honour Your Worships”.
There is no mention of the JP (Qualified). We should note the correct address for a Magistrate in Court is now “Your Honour” and JPs are addressed as “Your Worships”. Noel Cain, JP(Qual) Rockhampton
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Q.J.A. CONFERENCE – ROCKHAMPTON, 25 SEPTEMBER, 2005 Open Forum Topics At the Rockhampton QJA State Conference Mr. Peter Brooke of the Gold Coast Branch gave notice that he wished to raise some matters that have been of concern to the Gold Coast Branch members. Normally the open forum is restricted to practical topics on JP and C.dec duties. The matters Mr. Brooke raised are on a wider base and relate to how QJA can better represent Justices of the Peace and Commissioners for Declarations. The Board considered they were of sufficient concern to put to the meeting and undertook to advise the wider membership of the matters. Following are the topics as raised by Mr. Brooke with the response from the Association. Briefly explain the relationship between Q.J.A. and the Department of Justice, with particular emphasis on:(a) The powers, if any, delegated to the Q JA. (b) The staff engaged by Q JA, employed by whom. (c) Who appoints the Q JA Registrar and what is the criteria for selection? (d) How does the Board report and who to? QJA is a not for profit Membership-based organisation servicing JPs and C.decs. It operates in a working relationship with the Department of Justice and Attorney General. The current relationship is good. (a) The Association holds no delegated powers from the Department and has no formal ties with the Department. QJA is recognised as a membership association on the Departmental web site but so too are other smaller organisations. (b) There is only one staff member. He is Mark Davis. Until the October Board Meeting Mark was known as the Registrar, QJA. That title caused significant confusion as the officer in the State Government who runs the JP Branch is also “the Registrar”. From October on Mark’s title is now QJA State Office Manager. The Association employs Mark who answers to it through the Board of Directors. (c) The Board appoints the State Office Manager. Mark was selected after a recruitment exercise. The Board placed an advertisement in the Saturday Courier Mail. After reviewing the applicants a short list of 6 was drawn up and these candidates interviewed. Among the applicants were two MBA holders, a PhD and a certified public accountant. The selection committee looked for a balance between administrative and innovative skills as well as a track record to support statements in the applications. (d) The Board reports to the Members annually through the Annual Report to Members (published last Journal) and otherwise quarterly through the Journal. The column “From the Board” attempts to keep Members aware of the current state of affairs in QJA. The President also keeps Members informed similarly way in his Letter each Journal.
The Mission Statement of the Q JA (quoted on the rear page of the Q JA Winter 2005 Journal) nominates a number of ideals to be actively pursued by the organisation. Bearing in mind the numerous complaints from this branch (the Gold Coast), regarding the activities of the breakaway groups of non Q JA - J.P.’s operating, both in the public/ private arena and at certain ‘Signing Centres’. What has the Q JA done in the past 12 months in regard to the following stated goals, i.e. (a) High ethical standards of conduct of Members. (b) Promotion and maintenance of the status of J.P.’s. (c) Representation of Members interests to Government. The Board empathises with the view of the Gold Coast Branch Members who are frustrated at the apparent lack of control over JPs and C.decs outside our Association. We have made several approaches to the Department regarding the collection of funds by JPs for carrying out their duties as a JP or C.dec. As a result the Department has closed down the collection tins at one centre on the Sunshine Coast and has received undertakings from the operators at the offending non-QJA centre on the Gold Coast. To date the offending non-QJA Gold Coast signing centre has not removed the tins completely and the Association is following up with the Department to attempt to bring that centre to book. (a) The Board has reviewed the actions of several members and removed three from membership for significant breaches of the Association’s rules that reflected on the Association and its pursuit for high ethical standards. (b) The State Office Manager has been in a constant dialogue with the Registrar of JPs in the Department as Members might expect to both promote the status of JPs and C.decs as well as the Association as the main representative body of JPs and C.decs in the State. The Association has not only acted to maintain the status of JPs and C.decs but has actively promoted the status. (c) Again through the representations from the State Office Manager, QJA has kept Members’ interests high on the agenda of the Department. The President has from time to time met with the Attorney General and the Registrar of JPs, again representing the interests of Members to both the Administrative and Executive arms of government. In addition to these points, QJA has received the tacit endorsement of government as the representative organisation for JPs and C.decs through out the State in a number of ways. QJA is now entering into jointly ‘branded’ signing centres with government in those parts of the State where QJA is unable to provide sufficient of its own members to run a QJA sponsored signing centre. Newly appointed JPs and C.decs are being made aware of QJA through the government. The Board is working to build confidence in the Government so that in due course it will be recognised as the membership body that all JPs and C.decs should join. Serving JPs and C.decs Throughout Queensland
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Q.j.a. journal Q.J.A. CONFERENCE – ROCKHAMPTON, 25 SEPTEMBER, 2005 Open Forum Topics – Contiuned In all other areas of the Mission Statement, emphasis is placed on ‘Members’, none of these goals are fully achievable whilst we have Non-Member, vigilante style groups operating under their self made rules and in some instances generally lowering the perceived reputation of J.P.’s, or destroying it all together. Some examples of this type of behaviour include: A ‘White Witch’ at a Signing Centre, refusing to administer the oath on religious grounds. Placing collection boxes on counters, touting for donations. The Association understands the depth of feeling that these actions can engender. QJA will continue to press Government for action as it has in the past. Government is in some respects unaware of the extent of the goings on so it takes time to get the house fully in order. A number of these points have been discussed above. None of these issues have been dismissed by either the Board or the Government and are under constant review. Questions that need raising on the issue of renegade J.P. Groups, include: The seemingly inability of Q JA or Government in controlling these people. They set up Signing Centres without any form of supervision. (b) Apart from initial training with a Q JA course or in some cases outside training, the quality of which is questionable, they take no further official training or make any effort to keep abreast of changes etc. In one case I know of, the person stated they were not even interested in purchasing the new manual. As these people are not Members of Q JA they do not receive updates etc. We are aware of non Q JA training, eg, U3A, I even heard that training is available on the Internet!! (c) Public Liability Insurance is also very questionable for these people and even worse, what if a J.P. makes a mistake which develops into litigation. I know it could be said that’s their problem but I do see adverse publicity for Q JA if such an event occurred. The points are relevant and have been passed onto the Government. Acting with the Department QJA is attempting to lessen the likelihood of these independent, unsupervised groups from having the opportunity to form. The Board is making representations to the Government on the matters raised but until it is government policy to control them, ie, they have been officially recognised, the QJA can only continue to raise them. Mr. Brooke’s final statement is reproduced. The Board can only express empathy with the sentiment expressed in it. It reads: These are but a few of the problems being caused by these groups but sufficient for this discussion. Fully paid up members of the Q JA, who pay for everything required to carry out their duties, put the time in to ensure they are up to date and make time available to attend meetings, seminars and other forms of training, as well as contributing to the Association by way of an annual subscription, deserve better than this. The Association has a duty to protect its members in all these matters and 12
Serving JPs and C.decs Throughout Queensland
above all should do whatever is necessary to protect the image and reputation of Members. We are professional people and should be treated accordingly. It is very unfair and inequitable that people are allowed to use the J.P. training provided by Branches, get their accreditation only to abandon any connection with the official body, in favour of joining renegade groups. They then have the cheek to take advantage of purchasing goods and merchandise, which has been subsidised by fee paying members. In conclusion I urge Q JA to make a much stronger approach to Government to ensure that the Q JA is the Accountable Organization for the training, appointment and supervision of J.P.’s in the State, much of which would be delegated to recognised Branches. The overall mandate should stipulate that the Q JA is the only accredited body, responsible for recruiting and training J.P.’s. That only financial members of the Q JA be allowed to practise. One further subject is the matter of people resident in this State, not JP’s in Queensland but using the title J.P. which has been awarded in another State. Should Q JA achieve this suggested aim, the problems outlined as well as some other annoying factors, would virtually be eliminated. Not to do so will cause a number of good members to leave altogether. Mr. Brooke’s comments are noted and have been passed to the new Board to consider and work to minimise any disruption to the ability to act that our Members have. The Association does have a good working relationship with the Department and hopes to build on this and our existing good relationship with the Government. Not all JPs are members of our Association. We believe they should be. However every person is entitled to decide whether to join or not. Until the Government takes a policy view on the need to regulate professional development and ethical standards above the base minimum that exist, it may be difficult to see the membership base being all embracing of our fellow JPs. Much ‘fresh’ water has flowed under the proverbial bridge in the past two years and QJA is well on the way to re-establishing itself as the body that truly represents JP interests on a Statewide basis. Once the Association is in a firm position to speak in a truly representative manner, the time will be proper to ask Government to give appropriate recognition to QJA as the proper body to assist in developing the strengths of JPs and C.decs within the State. The Association does not accept all points raised but believes there is sufficient evidence of them that they are worthy of a much closer look over the next 12 months while continuing to develop and foster good working relationships with the Department and our political leaders who influence JP Policy (without becoming a political body of itself). The Board of QJA hopes this will assure Members that it is aware of the difficulties that arise from independent groupings in parts of the State. The Board will keep in view its relationship with outside groups (as it has done in recent times) and report to Members if it finds a solution to the issues involved.
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QJA Branch Contacts BEAUDESERT – VALMAI MACAULAY PO Box 610, Beaudesert 4285 Telephone: 5544 6460
GOLD COAST – PETER BROOKE 3 Bonita Court, Mudgeeraba, 4213 Telephone: 5530 7579
REDLANDS – DUDLEY ORCHARD PO Box 481, Capalaba, 4157 Telephone: (07) 3207 2338
BUNDABERG – DAVE READ 24 Franklin Street, Bundaberg 4670 Telephone: 4152 3318
HERVEY BAY – JAN STAFFORD P O Box 1006, Hervey Bay 4655 Mobile: 0412 782 743
ROCKHAMPTON – RAY YOUNG OAM 102 Glenmore Road, Rockhampton 4701 Telephone: 4927 4155
CAIRNS – PETER VESELY 28 Illuta Street, Rasmussen 4815 Telephone 0408 208 958
INNER NORTHSIDE BRISBANE – DR ANNA KNIGHT 1/64 Alva Terrace, Gordon Park 4031 Telephone 3857 4163
SOUTH BURNETT – JAMES MCCANN PO Box 87, Yarraman 4614 Telephone: 4163 8461
CALOUNDRA – BERNARD KINGSLEY 2 Pennyroyal Circle, Currimundi 4551 Telephone 5493 1180 FOREST LAKE – ROBERT TAYLOR P.O. Box 126, Banyo, 4014 Mobile: 0402 685 414 GLADSTONE – STEPHEN MILLS 130 Auckland Street, Gladstone 4680 Telephone: 4979 1756 GLASSHOUSE MOUNTAINS – REV JOHN BARFOOT 54 Parkview Road, Glasshouse Mountains 4518 Telephone: 5438 7013
SOUTH PINE – BRYAN CARPENTER 70 Daniel Drive, Albany Creek 4035 Telephone: 3325 2595
IPSWICH – MARIAN VIERVEYZER PO Box 62, Goodna Qld 4300 Telephone: 3288 1652
TOOWOOMBA – ARCHIE TAIT 19 Panorama Drive, Glenvale, 4350
LOGANHOLME – JOHN BAILEY 30 Bingo Street, Holmview 4207 Telephone: 3287 1516
TOWNSVILLE – RUTH SCHOKKER PO Box 782, Aitkenvale 4814 Telephone: 4728 5500 (W) 4770 7040 (H)
NOOSA – ALLISON CALAGHAN PO Box 1445, Noosaville 4556 Telephone 5474 1430
WESTERN SUBURBS – WILLEM BOSSCHIETER 55 Pallert Street, Middle Park, Qld 4074 Telephone: 3376 7206
PACIFIC PINES – RACHAEL DE VERE 8 Morane Court, Pacific Pines, Qld 4211 Telephone: 5529 8789 We encourage you to contact the Branch nearest you.
Training JP (Qualified) Examination Training The examinations set for 2006 are as follows Thursday 9 March at 6:00 pm Thursday 11 May at 6:00 pm Saturday 22 July at 9:00 am Thursday 7 September 6:00 pm Saturday 18 November at 9:00 am
QJA courses are planned throughout the State, so if you know anyone who is interested in becoming a JP(Qual) ask them to contact Mark Davis at QJA House. QJA plans to hold a Tutors’ Course in March 2006. If you are interested and have a teaching/training background, please ring the State Office Manager for details.
Change of Address Please contact the State Office phone 07 3392 2455 or email: admin@qja.com.au if you have any change of address/telephone/email details.
September 2005 QJA Tutors’ Course at QJA House L to R Kristina Romer JP(Qual), Stuart Macdonald JP(Qual), Ruth Schokker JP(Qual), Wim Bosschieter JP (Qual) and Yvonne Jex JP (Qual) Serving JPs and C.decs Throughout Queensland
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ORDER YOUR QJA Merchandise... IT'S EASY! The perfect gift or just spoil yourself! The following range of merchandise is now available and can be ordered by ringing QJA State Office. QJA 01 Membership Pin/Badge $6.50 incl GST
QJA 19WP Hand embroidered framed wall plaque
JP Man JP (Qualified) Manual $13.50 incl GST
$99.00 incl GST
QJA 14 Fabric Pocket Badge $9.50 incl GST
QJA 08JP JP (Qual) Car Sticker
C Dec Man C. Dec Manual $6.80 incl GST
$3.00 incl GST QJA 09 Coffee Mug $7.50 incl GST
QJA 08CD C. Dec Car Sticker $3.00 incl GST
QJA Log JP (Qualified) Log Book $7.00 incl GST
QJA 15 Baseball Style Cap $19.50 incl GST
QJA 06P Replacement Membership Card with photo
C Dec Log C. Dec Log Book $7.00 incl GST
$12.50 incl GST QJA 16M Mens Polo Shirt – No Pocket Sizes M, L, XL and XXL $30.00 incl GST
QJA 06 Replacement Membership Card
QJA 17MP Mens Polo Shirt – With Pocket Sizes M, L, XL and XXL
$6.60 incl GST
$35.00 incl GST
QJA 12 Pack of 3 Pens
QJA 17MP Ladies Polo Shirt – No Pocket Sizes 8, 10, 12, 14, 16, 18 and 20 $30.00 incl GST
QJA 11 Calico Tote Bag $3.00 incl GST
$3.00 incl GST
QJA 04R Rubber Stamp – Name + JP Type
QJA 13 Deluxe Pen $6.00 incl GST
QJA 04S Self-inking Stamp – Name + JP Type QJA 05S Self-inking Stamp – Certified Copy + Name & JP Type $37.50 incl GST
QJA 05R Rubber Stamp – Certified Copy + Name & JP Type QJA 19R Rubber Stamp – Custom Made $25.00 incl GST
The prices quoted do not include Postage and Handling. This varies from item to item. Please check with QJA House (07) 3392 2455 for details before ordering. 14
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QJA in Photos
Allan Knox JP(Qual) and Allan Andrews JP(C.dec) preparing for work at QJA’s Stockland Signing Centre Rockhampton. The Attorney General Ms Linda Lavarch with MLA Terry Sullivan and QJA Member Dr Anna Knight enjoying the opening of QJA’s Lutwyche Signing Centre.
A regathering of Members at the QJA Toowoomba Branch opening 2005.
Opening the Mermaid Waters Q Super Centre QJA Signing Centre L-R Standing Roslind Blandford, Q Super Centre, MLA Bob Quinn, Mr Damian Mealey, Justice Department and Bernice Lynch Q Super Centre with Mrs Karen Persic JP(Qual) and Ms Coco Shimbashi JP(Qual) seated. Directors registering Delegates arriving at the 2005 Annual State Conference, Rockhampton.
Members participating in the Open Forum at the 2005 Annual State Conference, Rockhampton.
Vice President Doug Hull presenting Senior Constable Chris Schick with a token of appreciation at the 2005 Annual State Conference, Rockhampton. Serving JPs and C.decs Throughout Queensland
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What Q.J.A. Means QJA is established to:• Encourage high ethical standards of conduct of Members in performing their Office. • Promote and maintain the status of the Offices 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. QJA exists to support members in carrying out their Office as Justices of the Peace and Commissioners for Declarations. As a member you have access to an organisation that promotes the ideals set out above. Membership costs less than a dollar a week for which you receive four journals a year that cover current, topical matters relevant to JPs and C.decs. Membership fees are our major source of income. QJA also 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 Branches discussion of topics relevant to members. Our organisation meets at least once annually as a whole body to further those discussions throughout the membership. Our training courses provide primarily for persons wishing to become JPs. We support local refresher courses, professional development and training information to members through our Branches to keep members up to date. Over the past year we have opened 14 new Branches and over the next 2 years we aim to open more. 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 that the Branch offers 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 Office Manager so the QJA can be responsive to the wishes of members.
MERRY CHRISTMAS & A HAPPY NEW YEAR 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. Printed by IPG Print, Telephone 07 3350 4262, 4 Millway Street Kedron Qld 4034. 16
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