QJA Quarterly Official Publication of the Queensland Justices Association
RIDING THE WAVE OF PROGRESS: 2021 Conference Edition
Excellence in JP Services: Educate, Inform, Connect, Advocate, Govern www.qja.com.au | Winter 2021
OUR PEOPLE INSIDE
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PRESIDENT’S PAGE
5
QJA NEWS
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QJA AWARDS
PATRON
The Honourable Chief Justice Catherine E Holmes AC
BOARD OF DIRECTORS
President John Carpendale JP(Qual) Vice President
Bruce Birtwell JP(Qual)
DIRECTORS
Directors
Julie Arthur OAM JP(Qual) 10
GETTING ON BOARD
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CONSTITUTION
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ROLL OF HONOUR
Brooke Batley JP(Qual) Joan Kennedy JP(Qual) Nathan Milne JP(Qual) Graeme Moorhouse JP(Qual)
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VOLUNTEER WEEK
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QJA ACCREDITATION
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OUT AND ABOUT
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2021 CONFERENCE
Business Manager and Registrar
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Q&A
Training Coordinator
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TIPS: PHOTOS
Andrea Reynolds JP(Qual)
Peter Selleck JP(Qual) Garth Stephens JP(Qual)
Wendy La Macchia JP(Qual)
QJA STATE OFFICE
Pamela Currie JP(Qual) Membership Officer
Gabor Beres JP(Qual) Merchandise Officer
Aaron Dunster JP(Qual)
Contact details:
https://qja.com.au/about-us-2/
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IN THIS ISSUE It’s election time, and you’ll find all the information regarding voting, nominating for Board positions and the upcoming AGM within the pages of this edition. We celebrate achievements of our younger members, those that will ensure our Association continues to flourish in the years to come. Some have just been appointed as new JPs while others are awaiting the outcome of nominations for prestigious awards within their daytime profession. Branches have been active in community events, showcasing to the community all that the QJA has to offer, and members from across the state have gathered in Surfers Paradise for our annual State Conference. The weather has cooled and the leaves have changed. Grab a cuppa and your favourite jumper, it’s time to catch up on what you, our members, have been up to in the past couple months! Contributions are always welcome. Please email any submissions for consideration to editor@qja. com.au. Pre-Appointment Courses Coming Up: Brisbane 12th June (Weekend) Blended Online 7th June Kingaroy 8th June Toowoomba 12th June (Weekend) Brisbane 17th July (Weekend) Brisbane 26th July Gold Coast 10th August Brisbane 14th August (Weekend) Brisbane 23rd August Self-Paced Available Now To find out more and register visit www.qja.com.au\training or scan the QR code
SOCIAL MEDIA:
COMPANY INFORMATION: ACN 009 666 559 – ISSN 1839-2784 8A/108 Wilkie Street, Yeerongpilly, Qld 4105 PO Box 65 Moorooka, Qld 4105 Phone (07) 3392 2455 E: admin@qja.com.au www.qja.com.au
The QJA Journal is compiled by an editorial committee on behalf of the QJA. Editor: Andrea Reynolds. The views expressed in articles and advertisements published in the QJA Journal are not necessarily the views of the Queensland Justices Association or the Board of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. No material may be copied or reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au Printed by Zink Print. PO Box 236, Kallangur QLD 4503. Phone 0437 777 079 or visit us at www.zinkprint.net.au.
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PRESIDENT’S PAGE For this issue, I’d like to talk about Advocacy. Advocate is one of the five strategic pillars (along with Educate, Inform, Connect and Govern) that QJA has adopted to articulate the essence of everything we do to achieve our vision of Excellence in JP Services.
Our submission to waive the JP/Cdec application fee for all applicants was not successful but, as the Attorney-General explained in her presentation to the recent QJA Conference, she will support a proposal to introduce fee concessions for applicants who are students or retired.
Our advocacy undertakings are designed to achieve the best possible outcome for our members. The main targets for our advocacy initiatives and interactions are the relevant politicians (Attorney-General and Shadow Attorney-General) and bureaucrats (Justice Department people).
SHADOW ATTORNEY-GENERAL
ATTORNEY-GENERAL In the wake of the 2020 State Election, a new Attorney-General, Hon Shannon Fentiman MP was appointed and QJA was quick to formally offer our congratulations, issue an invitation for her to speak to the 2021 QJA Conference and seek an opportunity for a face-to-face meeting which duly took place in April this year. At that meeting, we discussed the Attorney-General’s involvement in the May 2021 QJA Conference, explained the strategic initiatives being pursued by QJA to elevate the professionalism of JP/ Cdec practice (including the implementation of our Member Accreditation Program) and made representations on a couple of issues. In particular, we highlighted what we saw as an inequity between the State’s treatment of applicants for a government-issued Blue Card and applicants for admission as a JP or Cdec. While the standard Blue Card application fee is waived for those applicants who require the card solely for voluntary work purposes, applicants for admission as a JP or Cdec (all related work being voluntary) are required to pay the full application fee.
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During the State Labor Government’s previous term of office, we established a good working relationship with the then Shadow Attorney-General, David Janetzki MP, and met with him on several occasions. In fact, we arranged for him to be a presenter at a break-out session at the 2018 QJA Centennial Conference. He showed a genuine interest in QJA and our business. Going forward, opportunities will be taken to meet with the current Shadow Attorney-General, Tim Nicholls MP, to again build a sound working relationship, and to keep him informed about the important role QJA plays in enhancing the quality of JP/Cdec practice. .
CHIEF JUSTICE
The Chief Justice of the Supreme Court, Hon Catherine Holmes AC is the QJA Patron. Annually, we meet with Her Honour to update her on the business initiatives we are pursuing, to seek her ongoing involvement and support in QJA activities (which she happily does for us) and to listen to her observations, counsel and suggestions. QJA is extremely fortunate to have such a highly-regarded and influential figure as our Patron and passionate QJA advocate.
JP BRANCH, JUSTICE DEPARTMENT Our most regular advocacy contact is with the Registrar and Manager of the JP Branch, Department of Justice and Attorney-General, Damien Mealey, with whom we meet quarterly to discuss matters of mutual interest and importance. Winter 2021| 4
QJA NEWS In between those structured meetings, we communicate via telephone or email to exchange views on matters requiring more immediate attention. QJA recently drew attention to an unheralded update to the Land Title Practice Manual which appeared to have far-reaching and serious consequences for both the witnessing officers and issuers of the Queensland version of the National Mortgage form. Thanks to QJA’s involvement, the Justice Department was able to intervene and arrange for that particular Practice Manual update to be repealed before any problems were created. In late 2019, QJA advocated for clarification of what constituted “taking reasonable steps” in verifying the identity of signatories to land title documents (ss162(1)(a) of the Land Title Act 1994). In response to QJA’s intervention, a meeting between representatives of the Titles Registry Office, the JP Branch and QJA agreed to the wording of a published statement which contained the clarification we sought. Over recent years, there have been several occasions when QJA members found themselves at odds with the JP Branch over particular practice matters. As a membership association, we also have a role to play in these circumstances and that role is generally to ensure our member’s rights are respected and to negotiate an outcome that is acceptable to all parties. In each case, we have managed to do this. Advocacy is an important part of what you get with QJA.
2021 QJA BOARD ELECTIONS The current QJA Board of Directors was appointed in 2019 and, under Rule 54 of the QJA Constitution, all positions on the Board are declared vacant every two years. Thus, all current Directors must stand down at the end of the 2019 – 2021 term. Fresh elections will be held this year and the new Board announced at the 2021 AGM scheduled for Saturday 6th November 2021. 202
QJA AWARD WINNERS.... Member of the Year – Sara Jane Gault Emerging Leader – Claire Brown Branch of the Year – Brisbane North Community Engagement – Western Suburbs 1 AGM scheduled for Saturday 6th November
MEMBER ACCREDITATION PROGRAM LAUNCHED As mentioned elsewhere in this edition, QJA launched its Member Accreditation Program at the 2021 State Conference, held at Surfers Paradise on Saturday 2021. More details about the program are included on pages 16-19.
John Carpendale, President JP(Qual)
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QJA NEWS CALL FOR BOARD DIRECTOR NOMINATIONS In accordance with Rule 54(e) only financial Ordinary, Honorary Life, Life Subscription and Corporate Representative members of the Queensland Justices Association are eligible to nominate for, and vote in, the QJA Board elections. Further, Rule 54(i) states that only current members of the Board may nominate a member for the position of President. The Board comprises 1 x President; 1 x Vice-President; and 8 x Directors. Board nominations open on 1st June and close at 5pm 31st July 2021. A nomination form for positions on the Board is enclosed with this edition of the QJA Quarterly or can be obtained from State Office upon request. Completed forms must be forwarded to the Returning Officer by 5pm Friday 31st July 2021. The Board has appointed Dale Blackmore of Hall Payne Lawyers (QJA’s honorary solicitor) as the Returning Officer for these elections. Prospective Board members should familiarise themselves with the QJA Constitution relating to their role and duties of the Board. The QJA is a not-for profit organisation registered under the Corporations Act 2001 and Board members are registered under this Act as Company Directors. This registration places various legal obligations on members and it is imperative that prospective Board members consider, and fully understand, these obligations.
Nominees should also give consideration towards their ability to fulfil the demands and time commitments associated with Board membership. For example, the Board meets on the last Monday of each month (except December) via videoconference and Directors are required to attend a minimum of 11 meetings per year unless leave of absence is granted.
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Each Director is usually appointed as Patron for several branches with the expectation that they attend some branch meetings and assist and guide the executives of the allocated branches. It is also an expectation that each Director will lead or participate in one or more Board committees and strategic project groups. Prospective Board members should be aware that, if elected, your attendance will be required at the Board Strategy sessions scheduled for the afternoon of Saturday 6th November 2021 and the morning of Sunday 7th November at QJA State Office, Yeerongpilly.
More information: Nomination forms for the QJA Board can be downloaded by scanning the QR code
2021 STATE CONFERENCE SUCCESS A detailed report on this year’s State Conference is featured elsewhere in this issue. In summary though, the conference was a huge success. All conference events (welcome function, full-day conference and awards dinner) were over-subscribed with waiting lists of others wishing to attend. The quality of the conference presentations and the effectiveness of the conference presenters was first class. Delegate feedback rated this conference as one of our best-ever – at the same time identifying some aspects we can improve upon for the future.
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QJA NEWS BACK OFFICE COMPUTER SYSTEM CHANGES Because QJA is both a JP Member Association and a Registered Training Organisation (RTO – in respect of the course of study aspiring JPs and Cdecs are required to complete prior to appointment), our back-office computer systems include both an Association Management Software (AMS) package and a Learning Management Software (LMS) package. After several years of earnest service to the organisation, QJA’s existing AMS and LMS are starting to show their age and are no longer as reliable or functional as at the time of acquisition. In both cases, there is a selection of alternative and much-improved products now available in the marketplace. After several months of exhaustive investigation and testing, and with the expert guidance provided by QJA’s technology consultant, Keith Revell, we have identified replacement systems (both AMS and LMS) that meet our budget and functionality requirements. Over the balance of the 2021 calendar year, the office staff, together with our consultant, will be occupied with implementing and managing the transition from the old to the new systems. As with all transitions of this kind, there will be some minor interruption to normal operations, but every effort will be made to minimise those interruptions.
The Lawyers Weekly 30 Under 30 recognises and rewards the young rising stars within the legal industry aged 30 and under who excel in their chosen field, displaying key leadership qualities such as dedication, professionalism, and eagerness to grow both themselves and their firm. The finalist list, which was announced on 3 May 2021, features over 280 high-achieving legal professionals across 30 submission-based categories. Eddie Fraser, volunteer lawyer at Moreton Bay Regional Community Legal Service, said that he was humbled to be recognised and proud to be named as a finalist in the 30 Under 30 2021, saying that he acknowledged the role of community legal centers and that this represents the unwavering work of everyone at the Moreton Bay Regional Community Legal Service quoting one of his favorite social justice advocates Martin Luther King Jr saying that ‘injustice anywhere is a threat to justice everywhere’. The winners of the awards will be announced at a black-tie dinner on Friday, 11 June, at The Star, Sydney.
When the system transitions are complete, our members, students, staff and branches will have access to more stable systems with considerably improved functionality and much friendlier user interface.
CONGRATULATIONS TO..... Eddie Fraser, a JP from Caboolture, who has been shortlisted for the Lawyers Weekly 30 Under 30 2021 as well as been named as a finalist in the Lawyers Weekly 30 Under 30 for Community Legal Centre!
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Eddie Fraser QJA Member, receiving his award
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LIFE MEMBER: KEITH REVELL From 26 October 2019, Keith retired as QJA Director after 10 years of continuous Board membership including two terms as President. The QJA owes much to Keith, who has continued the initiative of raising the QJA to pre-eminent body to lead and advocate for the membership. Through Keith’s efforts the QJA has also become a leader amongst our peer associations nationally. The 10 years served, fail to adequately demonstrate the great impact and influence Keith has made to the QJA. In addition to the 5 terms he spent as a Board Director, Keith was also the resident IT consultant and was personally responsible for the substantial improvements in the QJA’s Information Technology functionality and capabilities, including in his last year the development of the very successful e-Logbook system.
As QJA moved into the arena of a Registered Training Organisation, Keith took on the responsibility of finding a software platform to support the students and trainers. After selecting Moodle as this platform he proceeded to train and support internal staff on its use. He often flagged potential problems within our digital records management system before the issue impacted the business and actively searched out cost effective solutions. Support for MYOB and QJA document management was also provided with many “out of hours” visits to the office to resolve hardware and software issues. Keith through his leadership, established continuous professional development as one of the QJA’s core values and an integral part of the QJA business. To back this he established, assembled and maintained the comprehensive portfolio of Member and Branch Professional Development resources and made them available on the QJA website. From a Board perspective, Keith was instrumental in the use of Office 365 and, more importantly SharePoint, so that all the Board documentation as well as the entire documentation for the QJA was stored in a secure and accessible repository. Interaction with branches, members and potential members was made easy through a refreshed and easy to use website. Video conferencing became the norm for Board meetings under Keith’s guidance. Today, all Directors meet from the comfort of their own home for Board meetings. This allowed both Directors and the Business Manager to reduce travel and meeting costs.
Keith Revell, receiving his LIfe Member award
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MEMBER OF THE YEAR: SARA GAULT Keith also filled the substantive role of Journal Editor for 4 years from 2009 and was responsible for the Journal being available online to the members. Again, upgrading the journal look and reducing printing and postage costs while delivering a superior product to the members. Keith was a founding member of the QJA Logan Branch and immediately put his hand up to serve on the committee of the new branch, only to find himself as chairman, serving in that capacity from 2008 to 2011, when he then assumed the role of Branch Secretary from 2011 to 2013. Under Keith’s leadership, Logan branch soon demonstrated best practice in professional development workshops. A total dedication to duty, and often going above and beyond as a Board Director, Keith’s oversight of the IT functionality, the formation of a Finance & Audit Committee and the Registered Training Organisation Committee ensured our compliance with the regulatory bodies. Along the way, Keith has also been a delegate for QJA attending the ACJA conference on numerous occasions, twice as President of QJA and twice as a representative delegate. 2016 saw QJA host the national conference thanks to Keith’s help.
Sara is outstanding in her role as a JP, actively supporting her local branch of the QJA and the community. Becoming a JP (Qual) in September 1994, Sara exemplifies the principles of a JP in her office dealings and when she fulfilled the roles of Director, Treasurer and President during the 18 years she was a member of Zonta. Along with her current duties as branch secretary, Sara is the President of Business & Professional Women (BPW) North Lakes, continuing to pursue the values of equity and social justice, so integral to the role of a JP. Extending her role as JP, Sara also assists local police with afterhours warrants and other documents and fulfills the role of an independent observing witness at property search and seizures. Sara Gault, an incredible asset to the QJA, is an outstanding member of Caboolture QJA Branch. She is the driving force behind the acceptance, promotion, and production of QJA Branch activities, events, professional development, and member engagement, always reinforcing the QJA’s mission to enablemembers to be highly competent and professional practitioners.
Keith has been a mentor and source of inspiration and knowledge to many members of the Board and the QJA and continues to be held in great respect. It was because of this great respect, that the Board determined that he should have a roving brief to visit branches that were experiencing difficulties and needed advice and assistance. Even in his self-imposed retirement from service to the QJA Board, Keith continues to provide technical support for the eLogbook and other IT services as required. At all times Keith has displayed leadership and has traits that are most desired in both our Board and members.
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Sara receiving the Member of the Year Award from QJA President, John Carpendale
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GETTING ON BOARD BOARD MEMBER SKILLS AND REQUIREMENTS The QJA constitution does not specify qualifications or requirements of potential Directors. However, all nominees must be eligible for registration as a JP or Cdec, have been a financial member of QJA for a period of 2 continuous years prior to the nomination date, and not be:
• an undischarged bankrupt; • convicted of an indictable offence or sentenced to imprisonment;
• a member, employee, director or agent of any
other entity, body or association, incorporated or not incorporated, that operates in competition with the QJA; or • of unsound mind or liable to be dealt with in any way under the law relating to mental health. Prospective Directors will be asked to provide statements regarding their suitability for appointment so that when members are voting they can evaluate the skills and knowledge of each candidate. The following skills and qualifications may be highly regarded by members as they consider their voting options, and it may be beneficial to address the following when submitting your nomination:
GOVERNANCE KNOWLEDGE AND APTITUDE • an understanding of the Director’s role and
obligations in corporate governance, financial management and strategic planning; • familiarity with the QJA Constitution, Regulations and By-laws, with reference to the role and duties of the Board; and • commitment to the aims and values of the QJA More information: The constitution, regulations and by-laws can be found by scanning the code
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SKILLS AND QUALIFICATIONS
2021 ANNUAL GENERAL MEETING
• skills relating to business; management; finance; The Annual General Meeting of the Queensland
• • • • • •
legal; education and training; information technology; marketing; communication; or fundraising; extensive practical experience as a JP or Cdec; demonstrated ability to lead teams and projects; good communication and people skills; active participation in Branch activities; innovative thinking; and proficient computer skills.
TIME COMMITMENT The average indicative time commitment required to effectively perform the QJA director duties and responsibilities is about 120 hours per annum or 2.3 hours per week.
Justices Association will be held at 12 noon Saturday 6th November 2021 at the QJA State Office, Yeerongpilly (and by videoconference for those unable to attend in person). Motions at the AGM were required to be submitted by 14 May 2021 (as per the notice in the Autumn QJA Quarterly). Included with this issue of the QJA Quarterly are:
• The AGM Notice of Meeting; • An explanation of the proposed Constitution
changes; and • The Proxy Form (for those unable to attend the meeting)
RESUMES Resumes of all candidates and voting rules will be published in the next edition of the QJA Quarterly (Spring edition) along with the details of the electronic voting process. Members are encouraged to check they have updated their email address so they can receive ballot papers. Member details can be updated on the member self-service portal.
More information: For more information about the role and responsibilities of a QJA Board Member, Scan the code
BALLOT PACKS Ballot packs will be available for those who have not registered an email address with QJA. Electronic voting must be completed, and voting papers submitted to the Returning Officer by 5pm Thursday 30th September 2021.
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AGM 2021: CONSTITUTION CHANGES As the QJA’s Constitution is what we call a “living” document, it should evolve and change as our organisation’s needs evolve and change. One of the Board’s responsibilities is to review the Constitution on a regular basis to determine if any changes are warranted. As indicated in the 2021 AGM Notice (included with this edition), the following amendments are now proposed:
RULE 22 – SUBSCRIPTION FEES Sub-rule 22(d) generally empowers the Board to determine the ordinary member subscription fee. However, other provisions of rule 22 (specifically, sub-rules 22(f) and 22(g)) serve to restrict the Board’s capacity to effectively manage the organisation’s income via the determination of subscription fees. Sub-rule 22(f) prescribes an entitlement to a particular subscription fee discount for two ordinary members residing in the same residence and subrule 22(g) prescribes an entitlement to a different fee discount for Concession Card holders. The presence of these particular sub-rules in the constitution infers that these are the only member categories to which the Board can apply non-standard subscription fee arrangements. Under these provisions, should the Board consider it appropriate to: • grant subscription fee discounts to one or more other categories of member; or • vary the discount rates for the 22(f) and 22(g) member categories; or • introduce arrangements that allow members to elect to receive differentiated QJA service packages based on differentiated subscription fee amounts; The Board is unable to implement such initiatives without first receiving permission from the membership to amend the Constitution at a general meeting or an AGM.
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As the Board is elected by the membership to be fully responsible for the financial management of the association, it is submitted that the Constitution should empower the Board to determine all matters associated with subscriptions fees and not limit its capacity to do this. Accordingly, it is proposed to amend rule 22 to remove the provisions that restrict the Board’s financial management capacity and instead provide that the details of all subscription fee categories and amounts, as determined by the Board from time to time, be contained within the QJA Regulations. It is also proposed to make incidental changes where they are required. As per sub-rule 86(c) of the Constitution, any variation to the Regulations must be published to the members on the QJA website.
RULE 80 – BRANCHES Although sub-rule 80(f) states a Branch must conduct its affairs in accordance with the By-Laws, sub-rule 80(m) prescribes a limitation on Branch meeting attendance by non-members. It is submitted that provisions regarding all Branch meeting matters, including non-member attendance, should more properly be contained within the QJA By-Laws (Branch Model Rules) instead of the Constitution. Accordingly, it is proposed to amend the Constitution to remove sub-rule 80(m) and to modify the By-Laws (Branch Model Rules) to include relevant provisions addressing the attendance of non-members at QJA Branch meetings. It is also proposed to make incidental changes where they are required. The constitution, regulations and by laws can be accessed by scanning the code on page 10.
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ROLL OF HONOUR
The Board wishes to acknowledge the long service given by the following members:
50 Years Gregory Breckell Geoffrey Curry John Goldman OAM Ronald Ladner Graham Taylor
40 Years Leo Camm Lawrence Corcoran Terry Cranwell Andrew Esposito John Henry Grahame Jardine-Vidgen Noel Lindsay Lynnella Massy Robert Miller Corin Potten Alexander Steele Michael Treacy Edwin White Darryl Williams
25 Years Lexie Howard
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VOLUNTEER WEEK: BRANCH COMMITTEE RECOGNITION AWARDS Since COVID-19 arrived on our shores last year, it has been a challenging time to be a volunteer. Many QJA members have had to think outside the square to be able to continue to serve the community’s JP needs and to continue to support colleagues through the QJA branch state-wide network. Because of the COVID safety restrictions on gatherings, a number of branches got on board with videoconferencing technology and took to using ‘Zoom’ for their meetings and professional development sessions. Surprisingly, some branches expanded their reach. Where members were previously unable to attend due of distance, they were able to join in with their colleagues and participate in discussions. The QJA is proud of the Branch Network and recognises the hard work and commitment of the dedicated Branch committee members who ensure that meeting venues are organised, guest speakers are engaged, workshops and activities are planned and supported, and that the books are up to date. These members are the backbone of the state-wide network. Given that the theme of this year’s National Volunteers Week is ‘Recognise, celebrate and thank volunteers for the vital role they play’, the QJA Board of Directors thought this would be an ideal opportunity to introduce a new annual initiative to publicly recognise, reward and thank committee members who have given five or more years’ service to their local branch. At the meet and greet Twilight Function on Friday 14th May, prior to the State Conference at Mantra on View Surfers Paradise, the first 13 of our wonderful committee members were recognised with a certificate of appreciation and an engraved executive pen.
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It was ‘smiles all round’ as awards were presented to: Brooke Batley – Logan Branch Bruce Birtwell – Toowoomba Branch John Carpendale – Brisbane North Branch Kyra Griffith – Pine Rivers Branch Joan Kennedy – Gold Coast Branch Noelene Kidd – Western Suburbs Branch Barbara Lloyd – Brisbane South Branch Helen Morrow - Gold Coast Branch Bev Nicholls – Hornibrook Branch Gordon Nicholson – Brisbane South Branch
Catching up at the welcome function
Carmelo Pasquale – Mackay Branch Stewart Purdie – Brisbane North Branch Sasha Raj – Western Suburbs Branch As our President, John Carpendale, travels around the State visiting branches, he will be presenting awards to other eligible members who were unable to attend this event.
Contibutor: Joan Kennedy Director JP(Qual)
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QJA ACCREDITATION: A FOCUS ON EXCELLENCE The QJA Member Accreditation program was recently launched at the QJA State Conference – held at Surfers Paradise. Although the term “accreditation” is normally assigned to an organsation, it equally applies to individuals in the QJA context. Accreditation signifies that the client at the receiving end can expect to be served competently and professionally. The intent of the program is to support the QJA mission to achieve excellence in JP Services through ongoing education of its members.
The Australian Council of Professions includes the concepts of ‘integrity, trust, ethics, expertise and helping others’ in its definition of a profession.Australian Council of Professions, 2021) Underpinning the concept is a code of ethics and acquisition of and keeping of special knowledge. To that extent, the role of JP and expectations of conduct as well as the body of knowledge required to witness documents or undertake minor bench duties meets that definition as a profession.
The accreditation program is the recognition of a member’s achievement in continuing professional development (CPD) as an appointed JP or Cdec, as well as the service skills acquired with experience. Appointment to the office of JP or Cdec is the “first part of the mission” (Kloosterman, n.d.). CPD is important for members as a way of ensuring that they are competent and up to date in the profession (Kloosterman, n.d.). Although the Oath of Office as a JP or Cdec does not prescribe the expectation the individual will undertake CPD, it is important to consider the gravity and nature of the witnessing and judicial functions that are or can be undertaken. It is also important to view holding that office as a profession. The role of JP or Cdec is an honorary and voluntary one, however not being paid for service does not mean it cannot be identified as profession.
When one identifies the role of JP or Cdec as a profession and considers the lifetime appointment to the office, it is easy to form the expectation that CPD is vital in that role. Occupations with similar lifetime commitments in the areas of law, medicine, trades, engineering, and finance all have within their relevant industries an expectation of and a system for CPD and accreditation. Other holders of qualifications like those of a JP or Cdec also have a requirement – often mandatory – for holders to undertake CPD to maintain their accreditation, such as those of marriage celebrants. (Australian Government Attorney-General, 2021).
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Whilst appointment is currently for a “lifetime” if the JP or Cdec does not become ineligible, (Queensland Justices Association, 2021) this may change in the future. The Justices of the Peace Branch of the Department of Justice and Attorney-General is considering a change to the lifetime appointment provisions in the Justices of the Peace Act. Previously held discussions between QJA and JP Branch of DJAG have confirmed that members acquiring QJA Accreditation would exceed re-appointment criteria if a fixed-term appointment were to be introduced. Accreditation of JPs was successfully introduced in New Zealand where, like in Australia, individuals undergo an assessment prior to being appointed. Yet many JPs appointed in New Zealand have undertaken an accreditation program. Like New Zealand, the Code of Conduct for JPs refers to a requirement to keep their knowledge up to date. (Justices of the Peace Branch, Department of Justice and Attorney General, 2021).
As a member association, it is hoped the program will further encourage members to undertake CPD and enhance the Association’s reputation for professionalism and excellence. The program is now available to members meeting the prerequisites to participate in the program. The QJA Accreditation program is voluntary and currently free for financial members. A fee may be applied after the initial period to help cover costs in administering the program.
References Australian Council of Professions. (2021, April 18). Professions. Retrieved from Australian Council of Professions: http://professions.org. au Australian Government Attorney-General. (2021, April 18). Ongoing Professional Development (OPD) for Marriage Celebrants. Retrieved
QJA Accreditation goes beyond just meeting the requirements of the Code of Conduct. Accreditation is not centered wholly on technical knowledge. The assessment within the QJA Program also looks to a demonstration of client interaction skills. The ability to assist clients in multiple scenarios is a skill that comes to JPs when actively witnessing and serving clients over time.
from Australian Government Attorney-General’s Department: https:// www.ag.gov.au/families-and-marriage/marriage/resources-marriage-celebrants/ongoing-professional-development-opd Justices of the Peace Branch, Department of Justice and Attorney General. (2021). Code of Conduct Justices of the Peace and Commissioners for Declarations. Brisbane: Department of Justice and Attorney-General. Kloosterman, V. (n.d.). The Importance of Continuing Professional Development. Retrieved April 18, 2021, from Continuing Professional De-
When assisting clients, the application of technical knowledge is one aspect of the service provided; being able to meet the witnessing requirements for a myriad of scenarios surrounding the document and client circumstances is another. Not knowing the client’s situation means witnesses must often “think on their feet”.
velopment Organisation: www.continuingprofessionaldevelopment. org Queensland Justices Association. (2021, April 18). Eligibilty for Appointment. Retrieved from Queensland Justices Association: http:// www.qja.com.au
Contibutor: Wendy La Macchia, Business Manager JP(Qual)
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QJA ACCREDITATION: A MEMBERS PERSPECTIVE
The QJA Accreditation scheme was announced at the recent State Conference at the Gold Coast, having been through a rigorous development and testing phase by members of the QJA Board and others.
QJA has set some standards that applicants to the course must meet before starting out. These include:
Our Accreditation program has been set up to encourage, recognise and acknowledge members who demonstrate knowledge and service beyond the basic requirements of appointment. The program is an in-house accreditation program and accreditation will apply for 5 years only, after which re-accreditation will be required.
•
When we are first appointed as JPs/Cdecs, we are considered competent about a wide array of issues that we are expected to handle. Following appointment and with support from mentors, and then through experience over time, we become more confident and competent with these matters.
•
•
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Appointment as a Justice of the Peace or Commissioner for Declarations for at least 5 years; Have been a current financial QJA member for at least 2 years; Completion of the QJA Professional Series courses within the previous 12 months: 1-4 for Justice of the Peace (Qualified); 1 & 2 for Commissioner for Declarations. [These courses are accessible through the QJA website and are something you might think about doing even though you may not want to complete the Accreditation course]; and Show evidence of recent activity as a qualified witness (through activities such as volunteering activity, ongoing professional development, articles published in QJA media, presentations at workshops, meetings, or conferences).
However, maintaining currency of all the issues as regulations and laws change, becomes a major challenge to us all. I have always seen this as a challenge and have thoroughly enjoyed and appreciated the professional training that the Brisbane North Branch provides to its members to help them cater for these changes. However, I was even more interested when I heard that the Accreditation concept was being considered by our Association. It was, however, with some trepidation that I accepted the offer to trial the course. I have never been a fan of “examinations” nor confident of myself under these situations. Although, having now completed the course, I can assure you that these fears are not warranted. The process has been very well thought through and is designed to challenge our understanding of what we either do or can read about in our manuals.
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The assessment is based on four modules: 1. A set of 10 online multiple-choice questions (10 points); 2. Five short-scenario - answer questions (10 points); 3. Four scenario-style questions usually regarding some of the less common aspects of our responsibilities (60 points); and, on the successful completion of these three tasks, 4. An interview by assessment panel with further scenario (20 points). These scenario questions describe the types of client interactions you are likely to encounter, particularly scenarios that require the ability to apply technical knowledge and client service skills. You are asked to explain your approach. In assessing candidates, the panel seems to be looking for the combination of client skills and technical knowledge.
In providing our services to the community, we should strive to be as professional as we can. The Accreditation course provides one means by which we can better understand our responsibilities, maintain awareness of the recent changes to the laws and deliver our service in as professional a way as possible. The QJA anticipates that a successful program will: • • • •
• Candidates are expected to achieve at least 85% across these four modules. The tasks I had to perform are to be completed over a reasonably short period of time. In all, it was probably only about a week between starting the online course to having it completed. The interview took approximately 20 minutes. I found the course and the guidelines were very easy to follow. The questions were reasonable (but challenging), and in many ways were similar to those used in the Professional Series Course. The scenarios are demanding but probably reflect the fact that I had never actually experienced any of these issues in my day-to-day witnessing activities. I can highly recommend the course to you all, particularly where you feel that you have maintained currency of the issues we deal with and are confident with the use of online reading and assessment processes.
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recognise and reward successful program participants; enhance the reputation of QJA as a professional association; attract appointed JPs and Cdecs to membership; provide value to existing members of the Association and encourage retention of membership; and create a platform for external stakeholders to be referred to experienced witnesses.
Please give the course some thought and give it a go! It won’t bite and you certainly will enjoy the process!
Contibutor: Peter Twine JP (Qual)
More information: For more information about the QJA Accreditation progam, and to apply scan the code
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OUT AND ABOUT
BUNDABERG QJA BRANCH What a way to demonstrate the “Opportunity Just Ahead” slogan! The Bundaberg QJA Branch seized on a local opportunity by attending the Bundaberg Seniors Expo and were thrilled by their reception at the event. Membership Officer, David Dempster, and Branch Chairman and Trainer, Russell Lyons, had a busy time fielding questions on Justice of the Peace activities and services, current QJA Justice of the Peace courses, and branch activities, as well as details about local signing centres, their locations, and very importantly, their opening times. It seems that demand for JP services in the Bundaberg region is strong and the QJA local members are providing a very valuable service. Seven potential candidates were identified for the next Justice of the Peace Training Course, which is encouraging for the continued growth of the branch. The Bundaberg QJA Branch is certainly community-orientated and can be proud of such positive outcomes through seizing the Opportunity Just Ahead.
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MACKAY QJA BRANCH A stall at the recent Volunteer Expo run by the Mackay Regional Council provided the Mackay QJA Branch with the opportunity to extend their involvement in local community activities and answer queries on the branch, its activities, and membership opportunities. People were also interested in the role of the QJA and its relevance to the local region. Topics covered by the QJA members volunteering at the stall included QJA courses, signing centre information, documents signed by JPs, and the mentoring of newly qualified JPs. Over 600 locals attended the Expo, which was excellent exposure for the Mackay branch, and justified their decision to seize the Opportunity Just Ahead. It was a great chance to connect with their community.
TOWNSVILLE QJA BRANCH The Townsville Branch is very proud of its two newest and youngest members, Daniel Rennie and Skye Wehrman, who both recently qualified as Justices of the Peace at the age of 19. Daniel has always been an active volunteer in his community and is at present preparing for his enlistment in the Defence forces, while Skye, a proud Gungalidda woman, is excited to be a role model for other young people, indigenous and non-indigenous, by actively volunteering in the local Townsville community as well. The branch has also supported twins, Mason and Hilary McKenzie in their journey to become Justices of the Peace. The brother and sister duo have undertaken the QJA JP Course and are looking forward to taking their oaths on their 18th birthdays in June this year.
Daniel Rennie sworn in by Magistrate Keegan at Townsville
This has been a brief insight into the life of just three of the twenty-six QJA branches in Queensland which all have an important role to play within the justice system, and all have a common aim to make the most of any Opportunity Just Ahead. The Queensland Justices Association is also guided by the principle of seizing the Opportunity Just Ahead and remains committed to continually reviewing its policies and procedures to ensure that its six thousand members continue to provide the best service possible to their fellow Queenslanders.
Like the Bundaberg and Mackay branches, the Townsville branch is actively seizing the Opportunity Just Ahead through their commitment to fostering and encouraging young Townsville citizens to qualify as Justices of the Peace.
Contributor: Garth Stephens, Director JP(Qual)
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2021 QJA CONFERENCE: WORTH THE WAIT
World events may have delayed our State Conference; however, the extra time allowed the planning committee to secure an impressive line-up of guest speakers to enlighten us at the QJA flagship event held at the Mantra on View, Surfers Paradise. Some members boarded trains while others drove and camped along the way. We all came together to share in our common passion: volunteering as Justices of the Peace. Tom Tait, Mayor of the City of Gold Coast opened our event, welcoming all members who travelled near and far to attend. The Honourable Catherine Holmes AC, Chief Justice of the Supreme Court of Queensland, and the Patron of the QJA enlightened us with the correlation between volunteering and a healthy life. It is true, the more you give, the more you receive!
Attendees enjoyed a bit of healthy competition with the online quiz game, Kahootz!, which further brought us together as tables worked as teams to answer light-hearted questions, vying for some exciting prizes. Samantha Shipman, Manager, Investigations Officer of the Public Guardian (OPG) reminded us that when witnessing enduring documents, the attorney is presumed to have capacity, not the reverse. Her presentation touched on topics such as elder abuse involving enduring powers of attorney and inappropriate decision-making arrangements related to adults with impaired capacity. The room bubbled with questions which she answered with ease and finesse. Leanne Clemesha followed, sharing her perspective from the Office of Advance Care Planning and the differences between Advance Health Directive documents and the Qld Government Statement of Choices. Did you know that the Queensland Civil and Administrative Tribunal (QCAT) is quite possibly the only section of the justice system that is wholly paper based (non-electronic)? The Honourable Justice Martin Daubney AM, President of QCAT shared the shortfalls encountered and his vision to enable electronic portals for not only submitting matters but also for registering judgements. QCAT hears much more than just neighbourhood disputes and the horizon is looking very bright for streamlining this branch of the justice system that already takes immense pressure off the judicial system.
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Some of our members may have heard about the trial of the digital driver’s licence app that occurred recently on the Fraser Coast. Prior to the State Conference, the common response heard was that many do not want the Government to have access to their personal information. Christopher Goh, General Manger, Customer Orientated Registration and Licensing, Department of Transport and Main Roads changed the viewpoint of many with his presentation. He focused on the fact that DTMR has held all our relevant information for decades and the introduction of a highly secure app does not change anything regarding our privacy. The app not only empowers victims of domestic violence to start a new life by having access to ever-important identity documents electronically (it is currently exceedingly difficult to open a new bank account without hardcopy identification), but the digital licence also allows the public to provide identification to prove their age without disclosing all their personal information such as home address. This feature of the digital licence is particularly attractive in the nightclub precincts.
During the breaks members generously purchased raffle tickets for a wide array of prizes including hotel stays, wine hampers and gift vouchers to favourite shopping locations. Lucky numbers were drawn as the room eagerly awaited the arrival of the final guest speaker, Queensland nomination for 2021 Australian of the Year Dr Dinesh Palipana, who grew up in Sri Lanka and conquered incredible adversity. His humble and welcoming words reminded us that we should be kind because we never know what the person across from us as been through. Like the Chief Justice’s message, Dr Dinesh suggested that internally, we are infinite, we can never do enough or be enough. However, if we turn outwards and give, we become whole and fulfilled.
Mike Vitobello, Team Leader of the JP Branch, Department of Justice and Attorney General attended in the absence of Damien Mealey and took to the stage with director Joan Kennedy and QJA IT Consultant Keith Revell to field a barrage of questions revolving around continuing professional development (CPD), the needs of our members and how they have evolved over the years, as well as the differences and similarities between the QJA and JP Branch.
Finally, the location of the 2022 State Conference was revealed! North Queensland will host the event on the weekend of 14 May at Rydges Southbank, Townsville, more details to come! Being a JP is so much more than just witnessing documents. It is assisting someone during a potentially distressing time and giving back to the community. We are all Justices, together we are the QJA.
In the evening we donned our finery and clinked glasses in preparation for the dinner and presentation of awards. Congratulations to Sara Gault Member of the Year and all others who were award recipients. Your achievements are fantastic and an inspiration to all members.
Director Graeme Moorhouse launched the much-awaited QJA Member Accreditation program. Please visit the website for more information on the program itself and how to nominate.
Contibutor: Andrea Reynolds, Director & Editor JP(Qual)
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Q & A: STATUTORY DECLARATIONS I was approached to witness a traffic Infringement Notice which had passed the due date. Can I still process the Statutory Declaration? Yes. Although there may be issues relative to the due date of the infringement, you should still process the declaration. However, it would be appropriate for you to point this out to the declarant. Remember, it is a matter for the Traffic Office handling the infringement notices to deal with the issue of the dates of the infringement and the declaration. I have sometimes been approached to witness Queensland Statutory Declarations prepared by Queensland Government Departments which are devoid of reference to the Oaths Act 1867. Are these legal documents and should I refuse to witness them? It is usual for a Queensland Statutory Declaration to make references to the Oaths Act 1867. Although it might be considered as not being a “legal” document, it seems to be common practice for witnesses to process these documents. It is a matter for legal debate as to the “legal” status of the document, well beyond the pay-scale of the witness!
Is there an age limit for making a Statutory Declaration? Advice is that there is nothing in law which prevents anyone under the age of 18 from making a Statutory Declaration. However, as with a Statutory Declaration from anyone, you, as the witnessing officer, must be satisfied that they understand the nature and content of the declaration and that they are making this free of any external influences, irrespective of their age. I have been told that as well as understanding the nature and content of the declaration, they should also be able to understand the consequences of not telling the truth. Is there a limitation to the type of Driver Licence which can be recorded on an Infringement Notice ege.g., must be of an Australian State or Territory? As well as Australian State and territory Driver Licences, the Declaration can record either an overseas licence number or an International Driver Licence number.
People presenting with Infringement Notices are sometimes confused as to who can sign the declaration. Can you clarify who is able to make the Statutory declaration on an infringement notice? The declarant to an Infringement Notice can be: • The registered owner of the vehicle, but not the driver; • A person who has control of another person’s affairs (e.g., Power of Attorney or an executor of an estate). In this case a certified copy of the appropriate authorisation should accompany the submission of the Infringement Notice. • An appropriate representative of the company registered as the owner of the vehicle, or • A person claiming to be the driver at the time of the offence. See technical Bulletin 01/20 at the JAG website for more information.
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MEMBER SPOTLIGHT:
OUR BRANCHES AND GROUPS: Branches
Groups
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Bowen
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Cairns South
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Kilcoy
Gold Coast
Mareeba
Greater Springfield
Roma
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Rosedale
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Tin Can Bay
Hornibrook
To Contact a branch
My name is Skye Wehrman. I am a proud nineteenyear-old Gungalidda woman. My family is from the small town of Cloncurry in the north-west. This is where I grew up for most of my life before moving to Townsville in 2018 when I was sixteen years old. Here I completed my last two years of high school at Ryan Catholic College.
Ipswich
or group scan the QR
Lockyer
code
Throughout school, I was super involved with cultural activities. I was a QATSIF scholarship recipient and was also voted Vice-House Captain. After high school I went on to work at the Townsville Justice Group while I had a gap year, before starting my Bachelor of Primary Education in March this year.
Maryborough
SKYE’S STORY
During that time last year my boss, Karl McKenzie, encouraged me to undertake studies to become a Justice of the Peace. I was super keen and excited to do this as I want to inspire other young indigenous and non-indigenous people to become JPs. I completed my JP studies in December 2020 and was sworn in as a JP in April 2021 by Magistrate Taylor. I am now a member of the Townsville QJA Branch.
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Logan Mackay Maroochydore
Noosa Pine Rivers Redland City Rockhampton South Burnett Toowoomba Townsville Western Suburbs
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TIPS: SUBMITTING A PHOTO FOR THE QUARTERLY We encourage members to send in photos to share different milestones and events from your branch. Sometimes, unfortunately, photos received are low quality and unable to be used. Here are some tips to ensure you take a great shot every time! Use gridlines to balance your shot One of the easiest and best ways to improve your mobile photos is to turn on the camera’s gridlines. This superimposes a grid on the screen of your smartphone that are based on the ‘rule of thirds’. According to this theory, if you place points of interest in the intersections or along the lines, your photo will be more balanced, level and allow viewers to interact with it more naturally.
and it’s easier to play around with (or edit) a larger image. Keep bright lights behind you When taking photos, ensure the sun or any bright lights are behind you, the photographer and not the subject. This will avoid any unwanted haze taking over the photo. Clean your phone’s lens Your phone is usually in your pocket or your bag when you’re out of the house and sure enough, the device’s lens is collecting all kinds of dust and lint. Be sure to clean the lens with a soft handkerchief before taking a photo. Consider buying a mobile tripod There’s never been an easier way to ensure your shot stays level and balanced, especially if you want to be in the photo as well! Mobile tripods give you the freedom to mount your smartphone for quick hands-free shots without having to lug any heavy equipment with you. Most mobile tripods are hardly bigger than your mobile device and can bend to any angle. If you use a flash, only do so during the day
To switch the grid on: iPhone: Go to ‘settings’, choose ‘photos and camera’ and switch ‘grid’ on. Samsung Galaxy: Open camera app, go to ‘settings’, scroll down and switch the ‘grid lines’ option to ‘on’. Avoid zooming in When you take a photo from a distance, it’s tempting to zoom in on something specific you’re trying to capture. It’s actually better not to zoom in, as doing so can make the photo appear grainy, blurry or pixelated. Instead, try to get closer to your subject or take the photo from a default distance and crop it later. That way, you won’t compromise the quality
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Sometimes, using your camera’s flash can improve a photo – but rarely does it do so at night. Because dark shots reveal a much sharper contrast against your phone’s flash, it can make any flash look invasive and uneven. In already well-lit spaces, however, a flash can help to soften some dark shadows behind or beneath your main subject. We welcome contributions to the QJA Quarterly email to: editor@qja.com.au
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Clean up your background
Taking larger group photos
The background is as much a part of your photo as the subject so make sure it’s not cluttered or messy. Moving your camera just few degrees to the side may make all the difference when it comes to cleaning up your shot. Branches, sky and other people are just a few things to look out for.
Unfortunately, when taking a large group photo attention spans dwindle if you are not prepared with a quick pose in mind.
These tips will ensure success:
• Put taller people towards the back and in the
centre, shorter people in front and on the sides if you are doing a standing pose. • Try not to make the group photo too deep. This will keep all faces in focus. • Chins up slightly for no double chins. • If you can, shoot from above your group (i.e. with a ladder or chair) to make all faces more visible.
ON THE LIGHTER SIDE...
Lucky conference raffle winners
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Excellence in JP Services web: www.qja.com.au ph: (07) 3392 2455 email: admin@qja.com.au QJA is a member organisation for JPs and CDecs in Queensland and a registered training organisation licenced to deliver the course to those who want to become a JP. As a JP you are appointed for life and we are with you for the term of your appointment as long as you want us to be.
Excellence in JP Services: Educate, Inform, Connect, Advocate, Govern
