Royal Victorian Association of 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
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
Royal Patronage
Patron: The Governor of
Victoria, the Hon. Linda
Dessau AC
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
Justice of the Peace (JP)
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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:
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary Justices
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary Justices
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
• 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
• 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
Signed end on end, JP signatures would
circle the MCG 183 times each yearRoyal Victorian Association of Honorary Justices
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
Bail Justice (BJ)
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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.
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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.
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
Legislation – Bail Justice
Main Legislation
• Honorary Justices Act & Regulations
• Bail Act
• Children Youth and Families Act
• The Charter of Human Rights & Responsibilities
+ Supporting Legislation
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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.
Royal Victorian Association of Honorary Justices
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
OtherInteresting
Stuff
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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/
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary JusticesRoyal 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
Royal Victorian Association of Honorary Justices
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
Summary
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
Well Respected
Community Minded
Life Experienced
Dedicated Volunteers
Honorary Justices are:
Royal Victorian Association of Honorary JusticesRoyal Victorian Association of Honorary Justices
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
Royal Victorian Association of Honorary Justices
45 Fremont Street, 32nd Floor
San Francisco, CA 94105
Address
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
PO Box 317, Elwood 3184
Contact Info
+ 61 (0)3 9525 7099
Telephone
Royal Victorian Association of Honorary Justices
facebook.com/honoraryjustices