Duties of Justices of the Peace (Qualified) Handbook

1 Department of Justice and Attorney-GeneralJustices of the Peace BranchHANDBOOKD uties of Justices of the Peace (Qualified) NAMED uties of Justices of the Peace (Qualified) handbookJune 2017 AcknowledgementsJustices of the Peace Branch wishes to thank the many people and organisations who lent their knowledge and expertise to this publication. In particular, we are grateful for the assistance provided by: Department of Agriculture and Fisheries Department of Communities, Child Safety and Disability Services Department of Immigration and Border Protection, Australian Border Force Department of Natural Resources and Mines Family Court of Australia Office of Public Guardian Queensland Courts Service Queensland Family and Child Commission, Blue Card Services Queensland Health Queensland Police Service Registry of Births, Deaths and Marriages RSPCA Queensland The Public Trustee Victim Assist Handbook has been prepared by the Department of Justice and Attorney-General ( Justices of the Peace Branch) for the State of Queensland.

2 While every care has been taken in relation to its accuracy, no warranty is given or implied. Further, it contains guidelines only and does not constitute legal may be made to the law after the date of publication of this Handbook . The Department of Justice and Attorney-General will periodically revise this Handbook and provide notification and content updates online at The State of Queensland (Department of the Premier and Cabinet) 2017 Published by the Queensland Government, June 2017, 100 George St, Brisbane, Qld, otherwise noted, all copyright material in this document is licensed under a Creative Commons Attribution-Non-commercial-No Derivatives International are free to reproduce the copyright material in this document in line with the licence terms. You must keep the copyright notice on the copyright material and attribute the State of Queensland as the source of the copyright material.

3 The copyright material must not be altered or used for commercial enquiries about this publication should be directed to the Department of Premier and Cabinet by email to or in writing to PO Box 15185, City East, Qld, 978-0-9757732-4-6 JUN17 Duties of Justices of the Peace (Qualified) handbook1 Welcome to your JP guide Services for you JUN172 Your role as a Justice of the Historical and social context of your role Eligibility and conduct Your role and responsibilities in the community Record-keeping and logbooks Queensland courts Assisting people from culturally and linguistically diverse backgrounds Assisting people with disabilities JUN173 Certifying Certifying copies of documents JUN174 Witnessing documents general procedure Witnessing statutory declarations Camera-detected offence notice statutory declarations Witnessing applications under the Domestic and Family Violence Protection Act 2012 Witnessing blue card applications Administering oaths and affirmations Witnessing affidavits Witnessing family law documents Witnessing general powers of attorney.

4 Enduring powers of attorney and advance health directives documents Witnessing wills Witnessing Titles Registry forms Witnessing international, Commonwealth and interstate documents Witnessing the consent to the marriage of a minor JUN175 Warrants, summonses and Issuing summonses Issuing a summons or warrant under the Peace and Good Behaviour Act 1982 Issuing warrants under the Animal Care and Protection Act 2001 Issuing search warrants Issuing arrest warrants JUN176 Other times your services may be Attending a record of interview Granting extensions of detention periods Your powers under the Customs Act 1901 Granting and refusing bail Hearing a bail application Sureties and security JUN177 Further information Glossary of terms and acronyms JUN178 Index JUN17 JUN17 Duties of Justices of the Peace (Qualified) handbookSECTION 1 IntroductionJUN17 SECTION Welcome to your JP guide Services for you Welcome to your JP guideThis Handbook is a guide for Justices of the Peace (Qualified).

5 It has been written to provide you with a clear understanding of what is expected of you in your role and a day-to-day reference to help you perform your Duties responsibly, correctly and of the Peace has, at times, been abbreviated to JP and Commissioner for Declarations to Cdec. The term JP may also refer to any number of the separate JP positions listed in section ll note there are other abbreviations used throughout the Handbook . Each is defined the first time it s used and it is also listed in the glossary in section to use this Handbook The Handbook describes your role in the community and then deals chapter by chapter with your Duties , your special responsibilities and your of the chapters dealing with your Duties is divided into: (giving a definition of the subject) (explaining the reason or purpose) (explaining the procedure).

6 You ll also find sections on things to bear in mind, frequently asked questions and where to find more Welcome to your JP guide Services for you JUN172 Your role as a Justice of the Historical and social context of your role Eligibility and conduct Your role and responsibilities in the community Record-keeping and logbooks Queensland courts Assisting people from culturally and linguistically diverse backgrounds Assisting people with disabilities JUN173 Certifying Certifying copies of documents JUN174 Witnessing documents general procedure Witnessing statutory declarations Camera-detected offence notice statutory declarations Witnessing applications under the Domestic and Family Violence Protection Act 2012 Witnessing blue card applications Administering oaths and affirmations Witnessing affidavits Witnessing family law

7 Documents Witnessing general powers of attorney, enduring powers of attorney and advance health directives documents Witnessing wills Witnessing Titles Registry forms Witnessing international, Commonwealth and interstate documents Witnessing the consent to the marriage of a minor JUN175 Warrants, summonses and Issuing summonses Issuing a summons or warrant under the Peace and Good Behaviour Act 1982 Issuing warrants under the Animal Care and Protection Act 2001 Issuing search warrants Issuing arrest warrants JUN176 Other times your services may be Attending a record of interview Granting extensions of detention periods Your powers under the Customs Act 1901 Granting and refusing bail Hearing a bail application Sureties and security JUN177 Further information Glossary of terms and acronyms JUN178 Index JUN17 JUN17 Duties of Justices of the Peace (Qualifi ed) handbookNumber and name of sectionDate stamp of last updateChapter namesTable of of Justices of the Peace (Qualified) Check what type of document it is.

8 Don t witness the document if:a. You don t believe it s Check if the document has special requirements proof of identity, personal knowledge of the signatory. 3 Confirm the document is properly formatted is it an affidavit or statutory declaration. 4 Check if the document is to be signed on oath, affirmation, or by way of statutory declaration. 5 Check the signatory is the person named in the document. 6 Ask for proof of identity. 7 Confirm the date throughout the document is the same as the date on which you re witnessing. 8 Read through the document for alterations, spaces or Both you and the signatory should initial any changes, including correction fluid or Decline to witness material you know to be Cross out or ask the signatory to complete any unanswered fields, then both of you should initial them.

9 9 Check for annexures and mark If the annexures are for an affidavit under the Uniform Civil Procedures Rules 1999, then both you and the signatory must also sign them. 10 Warn the signatory they must tell the truth. 11 Administer the oath, affirmation or statutory declaration. 12 Ask the signatory to sign the document in front of you. 13 Sign the document and insert your registration number wherever a signature is required. Place your seal of office close to wherever you have signed (either beneath or beside, but never over the signature).a. If the signatory has asked you to not check the document, state this in writing before signing. 14 Enter all relevant details in your logbook. Section table of contents JUN17 Witnessing documents general procedure JUN17 Witnessing statutory declarations JUN17 Camera-detected offence notice statutory declarations JUN17 Witnessing applications under the Domestic and Family Violence Protection Act 2012 JUN17 Witnessing blue card applicationsJUN17 Administering oaths and affirmations JUN17 Witnessing affidavits JUN17 Witnessing family law documents JUN17 Witnessing general powers of attorney, enduring powers of attorney and advance health directives documents JUN17 Witnessing wills JUN17 Witnessing Titles Registry forms JUN17 Witnessing international.

10 Commonwealth and interstate documents Witnessing the consent to the marriage of a minor JUN17 SECTION 4 Witnessing Section number Quick guide General steps to witness a document Chapter numberChapter nameThis is the date of the last update to this chapter. When we update a chapter, we ll also update this contents page for you to numberPage Services for youJustices of the Peace BranchAs regulator of the Justices of the Peace and Commissioners for Declarations Act 1991, the Justices of the Peace Branch (JP Branch) manages the application process for people seeking to be appointed as Justices of the Peace or Commissioners for Declarations throughout Queensland. Such appointments are then subject to the consideration of the Attorney-General and the Governor in JP Branch is focused on compliance and support for all JPs and Cdecs and provides professional development and mentoring to enable this.