an introduction to honorary justices

Royal Victorian Association of Honorary Justices


An introduction to

Honorary Justices

in Victoria

Version 1.0 December 2018 © RVAHJ 2018

Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices

More than 100 Years of Community Service

• RVAHJ Founded in 1910

• Peak body for:

o Justices of the Peace (JP)

o Bail Justices (BJ)

• Head office in Elwood

o 24 Branches all over the State

• Fellowship,Training & Support

• Advocacy, Promotion & Awareness

Supporting the Justice function

In Victoria


More than 100 Years of Community Service

• RVAHJ Founded in 1910

• Peak body for:

o Justices of the Peace (JP)

o Bail Justices (BJ)

• Head office in Elwood

o 24 Branches all over the State

• Fellowship,Training & Support

• Advocacy, Promotion & Awareness

Royal Patronage

Patron: The Governor of

Victoria, the Hon. Linda

Dessau AC


Honorary Justices Act 2014

• Provides for the appointment of JPs & BJs

• Appointed by the Governor in Council

• Sets out the functions and powers of JPs & BJs

• Specifies strict eligibility and training requirements

• Provides a Code of Conduct

(with a comprehensive grievance procedure)

• Provides for the use of JP & BJ titles


Honorary Justice Qualification Criteria

Justice of the Peace

• Be over the age of 18 years

• Be an Australian citizen

• Not be an insolvent under administration

• Complete the course of training

• Have sufficient proficiency in the English

• Live in Victoria

• Be a fit and proper person

• JPs are regularly re-certified

• Must be reasonably active and available

Bail Justice

• Be between 18 and 70 years of age

• Be an Australian citizen

• Not be an insolvent under administration

• Complete the course of training

• Be fluent in English

• Live in Victoria

• Be a fit and proper person

• BJs are appointed for 5 years

• Must be reasonably active and available


Edward III

History of Honorary Justicesone of the oldest offices in Common Law

England 1195

• Richard the Lionheart appoints some Knights as

Custodes Pacis (Keepers of the Peace)

• Edward III created the title Justice of the Peace in 1361

one of the oldest offices in Common Law

Australia 1788 – The First Fleet

• In Australia, JPs were recognised from 1788

• Victoria's first JP was Captain William Lonsdale

appointed in 1836

Richard I

Capt William Lonsdale


Justice of the Peace (JP)


A Justice of the Peace is specially trained to act as an independent and objective witness to documents used for official or legal purposes:

Justice of the Peace Role

Attesting the execution of a document

Witnessing a statutory declaration

Witnessing an affidavit for use in court

Certifying true copies of an original

document

Certifying a person's identity

Certified True Copies 70%

Statutory Declarations 12%

Affidavits 8%

Powers of Attorney 5%

National Police Checks 1.5%

Birth, Death & Marriages 1%

Other 2.5%

Typical distribution of JP activities:


Legislation – Justice of the Peace

Main Legislation

• Honorary Justices Act & Regulations

• Evidence Act

• Privacy and Data Protection Act

Supporting Legislation

• The Charter of Human Rights and Responsibilities

• Constitution Act

• Crimes Act

• Electoral Act

• Equal Opportunity Act

• Freedom of Information Act

• Instruments Act

• Land Act

• Mental Health Act

• Powers of Attorney Act

• Racial and Religious Tolerance Act

Commonwealth Legislation

• Crimes Act

• Statutory Declarations Act

• Various other acts


COPY

Certifying True Copies

ORIGINAL

Rose Morgard JP

416 Smith Street

Melbourne VIC 3000

JUSTICE OF THE PEACE FOR VICTORIA

REG NO. 989898

I certify that this document is a

true copy of the original having

been sighted by me

on this 29th day of February, 2018


Statutory Declarations

A Statutory Declaration is not

Sworn or Affirmed, but you can

be charged with perjury if the

information is false

Rose Morgard JP

416 Smith Street

Melbourne VIC 3000

JUSTICE OF THE PEACE FOR VICTORIA

REG NO. 989898

Stoneyfell

29 Ferbruary 2018


AffidavitsAn Affidavit is a written statement used as evidence in a Court

The information in an Affidavit must be sworn or affirmed

in the same way people are sworn or affirmed in Court

An Oath

An oath is a promise to a God or other deity

• It may be taken on a Holy Book

An Affirmation

An affirmation is a promise to the Court

• It has the same legal effect as an oath



Powers of AttorneyPowers of attorney are legal documents that let you appoint someone to make certain decisions for

you, or support you in making and giving effect to your decisions.

Enduring Power of Attorney

the power endures (continues) even when you cannot make decisions

due to an injury or illness.

General Non-Enduring Power of Attorney

is mostly used for a specific purpose and a fixed period of time. It is not

enduring.

Supportive Attorney Appointments

are about promoting independence for a person who is able to make

various decisions, provided they have support to make and act on their

decisions.

Medical Appointments & Directives

• Appointment of medical treatment decision maker

• Advance care directive for adults


Justice of the Peace (JP) Activities by the numbers

• 3,750 Justices of the Peace active across the state

• 90 Document Signing Stations

• Sign more than 1.5M documents each year

• Volunteer more than 385,000 hours each year

• Save the community more than $23M in real costs

• Help over 350,000 people each year

• Free up more than 250 Police










Justice of the Peace (JP) Activities by the numbers








Signed end on end, JP signatures would

circle the MCG 183 times each yearRoyal Victorian Association of Honorary Justices


Bail Justice (BJ)


Bail Justice Role: Bail/Remand

Children (10-18)

Aboriginal Persons

People with Cognitive Disability

People with Mental Illness

Conduct after-hours Bail/Remand hearings for vulnerable people:

A formal hearing much like a Court. Generally conducted at a Police

Station but sometimes at Hospitals and other places. The Bail Justice

must balance the protection of the community with the rights of the

accused person.


Bail Act Amendment Stage 1 (2017)

Guiding Principles for Bail/Remand Decisions:

Bail Justice Role: Bail/Remand

• Maximising the safety of the community and persons

affected by crime to the greatest extent possible

• Taking account of the presumption of innocence and the

right to liberty

• Promoting fairness, transparency and consistency in bail

decision making

• Promoting public understanding of bail practices and

procedures


Bail Justice Role: Interim Accommodation Order

With Parents

With a Suitable Person

In Out of Home Care

In Secure Welfare

In a Hospital

In a Parent & Baby Unit

A child is at risk. Consider their placement until the matter can be heard

in the Children’s Court (best interests of the child):

Department of Health and Human Services professionals make an

application to a Bail Justice for a placement. The views of the Parents (if

available), Police (if relevant) and the Child/Young Person (if possible)

are all included in the consideration.


Legislation – Bail Justice

Main Legislation

• Honorary Justices Act & Regulations

• Bail Act

• Children Youth and Families Act

• The Charter of Human Rights & Responsibilities

+ Supporting Legislation


Bail Justice (BJ) Fact or Fiction

• It’s very hard to become a Bail Justice. The Dept of Justice & Regulation selection process

is rigorous and very thorough. Not many applicants get through.

• Bail Justice training is comprehensive. It takes many weeks of classroom and online

sessions, with lots of practical work and tough assessments along the way. There is a

constant stream of updates and refresher information provided plus regular formal re-

assessments to ensure they to stay up to date.

• Bail Justices typically remand around 8 out of 10 accused persons they see. This is

significantly higher than the normal Courts do (for good reason).

• Bail Justices are very independant from the Police. Their role is to balance maximising

community safety with the accused person’s presumption of innocence and the right to

liberty.

• Bail Justices are professional, well trained and experts in their field. They volunteer their

time to help ensure the community is protected and that justice is available to everyone.



Getting Tough on CrimeBail Justice Track Record:

90% of cases are remanded

Charter of Human Rights

• The Right to Liberty and Security

Presumption of Innocence

• The Right to a Fair Hearing

Separation of Powers

• Courts decide cases – not Police

Protecting the Community

• the safety of the community to be

maximised to the greatest extent possible


OtherInteresting

Stuff


Document Signing Stations

Document Signing Stations are places where a Justice of the Peace is

in attendance at predetermined times. There are 90 Document Signing

Stations across Victoria, including some:

• Police Stations

• Libraries

• Hospitals

• Neighbourhood Houses

• Community Hubs

• Shopping Centres

https://www.rvahj.org.au/information/document-signing-stations/


When You Need a Document Witnessed/Certified

• Ensure that a Victorian JP is authorised to witness your documents.

• Contact a JP at a reasonable time (between 7am and 9pm), or visit a

Document Signing Station

• Advise the JP in advance if you have a large amount of documents

for witnessing or certifying (you may have to make an appointment).

• Have all your paperwork ready for the JP, ensuring that your

documents are not pre-signed (bring any copies you need)

• Be mindful that JPs do not provide legal advice.

• Note that JPs are not a Notary Public

• Be nice


Code of ConductHonorary Justices are bound by a Code of Conduct including:

• Must uphold the oath of office and discharge the functions in a courteous and timely manner

• Must act, and be seen to act, with due care, diligence, honesty, integrity, respect,

independence, impartiality and without prejudice or discrimination

• Must disclose and must not exercise the powers of an honorary justice where there is a

conflict of interest

• Must maintain a competent knowledge of all laws applicable to the functions

• Must not use, disclose or retain any information or documents

• Must not unreasonably refuse to perform duties

• Must not use the title of BJ or JP to advertise or advance business, commercial or personal

interests

• Must never charge for their services, or expect anything in return

The Code is binding and contravention may constitute grounds for removal from office

NOTE: This is a summary of the Code of Conduct


Honorary Justices complaints policy and procedureA complaint is an expression of concern, dissatisfaction or frustration

with the quality or delivery of service or the conduct of a Justice of the

Peace or Bail Justice.

All complaints must be in writing using

the prescribed form found at

www.justice.vic.gov.au Royal Victorian Association of Honorary Justices


Other Justice Volunteers

Community VisitorsVisit Victorian accommodation facilities for people with

disability or mental illness in their local area

Independent Third PersonAttend police interviews for adults and young people with

disability to ensure that they are not disadvantaged during

the interview process

Community GuardiansVCAT appointed guardians for people with disability

Correction Independent SupportAttend Prison Disciplinary Hearings for people who have

an intellectual disability to ensure that they are not

disadvantaged during the process

YRIPP Independent PersonAttend police interviews with young people in police

custody when a parent or guardian is not available

Court Network Networkers Provide support, information and referral to persons

attending court and to advocate for the needs of all court

users

Independent Prisoner Visitor Provide independent advice to the Minister for Corrections

about the operation of Victoria’s prison system from a

community perspective



Summary


Well Respected

Community Minded

Life Experienced

Dedicated Volunteers

Honorary Justices are:


Honorary Justices provide a very valuable service to the Victorian community

They are extremely well trained and committed people

They are volunteer professionals; experts who believe in helping others

Our State is a better place to live because of the work of

Justices of the Peace and Bail Justices

"well someone has to do it, who else could I possibly trust with such an important role?"- a serving Bail Justice


45 Fremont Street, 32nd Floor

San Francisco, CA 94105

Address

[email protected]

[email protected]

Contact Info

Contact: 1.877.360.DEMO

Support Line: 1.877.360.3366

UK Free Phone: 0800 086 8138

Telephone

53 Broadway, Elwood, 3184

Address

[email protected]

PO Box 317, Elwood 3184

Contact Info

+ 61 (0)3 9525 7099

Telephone


facebook.com/honoraryjustices

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