JP training

11282NAT Course in Community Justice Services (Justice of the Peace [Qualified]

Comprised of two units:

• NAT11281001 Witness or certify documents
• NAT11282001 Perform non-bench judicial and minor bench duties

If you have qualified as a Commissioner of Declarations and will apply to become JP within 2 years of that date you will not be required to complete QCJWIT001 Witness or certify documents. If this is your situation, please discuss with us.

This course will provide you with the knowledge, skills and competencies required to perform your duties.

You must apply to become a JP within 2 years of successfully passing your assessments.

Rose Training Australia is accredited to deliver this course – call us now or click here to see the next available Face to Face Zoom Classroom.

Delivery Options:

Option one – highly recommended:

Complete a two-day Face to Face Zoom Classroom with our expert trainer in a zoom classroom.

This is followed by an external assessment that you will be fully prepared for during the Face to Face Zoom Classroom.

Option two:

Study the JP Handbook available online and then sit the external assessment. You still get to contact your trainer for help but there is no Face to Face Online Classroom training with this option.

Note: All assessment tasks must be completed within 3 months of enrolment. Should you wish to continue beyond this date a re-enrolment fee is charged.

Volume of learning:

Face to Face Zoom Classroom program plus supported online learning:

Up to 15 hours in class (2 days 7.5 hours a day intensive face-to-face)
Up to 15 hours supported personal study online
Total amount of training = 31 hours
Up to 9 hours of assessment
Total hours (VOL) = 40 hours

Duration 3 months (time allowed to complete all activities).

Face to Face Zoom Classroom schedule:
The Face to Face Zoom Classroom schedule is designed to be extremely flexible and is cohort dependent. Students cannot expect, or be lead to believe that they will complete and/or submit assessments during the Face to Face Zoom Classroom. The Face to Face Zoom Classroom are intended to expose the student to both the resource material and the assessments.

About Face-to-Face Zoom Classroom

• Our classes will still be running as live Face-to-Face Zoom Classroom using Zoom.
• Zoom is the best tele-conferencing platform we have ever used, if you’re interested – check it out here (you are encoureged to download the app-Zoom client for Meetings to speed up getting going online).
• If you are joining a face-to-face classroom, you may request a call from student support beforehand to help you become familiar with virtual interaction. The Rose Training Team will still be contactable via phone and email for any questions you may have.
• You are able to interact with both your trainer and your fellow students just as you would in a classroom setting – just raise your hand to ask a question.
• Your trainer will share their presentation by sharing their computer screen and webcam, and will demonstrate how to use the online learning materials.
• Regular question and answer sessions allows students to ask and get answers to their questions. Each day is split into a morning and afternoon session.
• The video and audio quality is excellent, and it’s a fun and enjoyable way to learn!

Your role as a Justice of the Peace:

2.1 Historical and social context of your role

As a JP (Qual), you belong to a centuries-old system of voluntary legal officers known as Justices of the Peace.

In the year 1195, King Richard I introduced a system of peace officers to enforce the ‘King’s peace’. Any offence against the peace was considered to be an offence against the King himself and was therefore treated severely.

There were travelling judges to deal with offenders but, in 1327, King Edward III introduced the ‘peace officer’. Peace officers dealt with minor offences that allowed judges the time to concentrate on the more serious offences. These peace officers were allowed to use the title ‘justice’ and over the years became known as Justices of the Peace.

The role gradually evolved and spread to the colonies as the British Empire expanded. Traditionally, the people appointed to the office were highly respected members of the community and landed gentry.

Today, appointments are made from a wider section of the community. Justices of the Peace are citizens who are entrusted by their community to take on special responsibilities, from witnessing the signing of documents to hearing certain types of court matters.

Over time, the responsibilities of the JP have evolved. In recent years, with the passing of more complex and intricate legislation, the JP’s role has been taken over partly by the appointment of professionally qualified magistrates. This has not, however, diminished the importance of the JP in today’s society. In fact, contemporary legislation is imposing more responsibility upon the JP to ensure the objectives of legislation are properly carried out. Witnessing an enduring power of attorney is one example of this responsibility.

The JP still acts, on many occasions, as a check and balance on the powers of state authorities, including the Queensland Police Service. It is the JP’s responsibility to exercise discretion in all of their judicial functions, such as when determining to issue a summons or a warrant.

Qualifications and appointments

Before 1991, there was only one level of Justice of the Peace in the Queensland system. The position encompassed a very broad range of duties, including administrative (such as witnessing the signing of documents), ‘non-bench’ judicial (such as issuing summonses and warrants, and attending police records of interview) and ‘minor bench’ duties (such as adjournments and granting bail). As society and its laws have grown more complex, there has been an increasing need to streamline the JP system and ensure its officers are kept informed.

The Justices of the Peace and Commissioners for Declarations Act 1991 (the Act) was part of this streamlining process. With this Act, the single role of Justice of the Peace was split into three separate positions.

Justice of the Peace (Qualified)

As a JP (Qual), you have all of the responsibilities of Commissioners for Declarations and also several judicial duties, both ‘non-bench’ and ‘minor bench’. Two JPs (Qual) or one JP (Qual) and one JP (Mag Ct) can constitute a Magistrates Court to deal with specific matters.

2.3 Your role and responsibilities in the community

As a JP (Qual), your main role is to witness the signing of official documents. The community expects you to be constantly mindful that, as you discharge your duties, you are an integral part in the administration of justice.

The position of a JP (Qual) indicates you are trusted to act responsibly. When a JP witnesses documents, they have more legal weight than a document witnessed by someone without any official position. The community will expect you to have some understanding of the documents brought before you.

You have added responsibilities over those of a Cdec in that you have a quasi-judicial role. You may be requested to issue a warrant or a summons. On some occasions, particularly in the more remote areas of the state, you may also be called upon to sit on the Magistrates Court bench with a registrar of a court to deal with some procedural motions.

You have a duty of care to act within your scope of practice. You cannot provide legal advice in your role as a JP.

You must carry out your duties in a professional manner, ensure the Code of conduct is adhered to, and ensure consistent witnessing practices, procedural and legislative guidelines are always followed.

Why this role is important

The duties of a JP (Qual) are not to be taken lightly. You have a vital and responsible role to play in the general community. You will, at times, deal with matters of crucial importance to people’s lives. For instance:

• Some of the documents you process will have substantial financial implications for the people involved.
• Some documents may ultimately be used in court proceedings where a person’s liberty may be at stake.
• You have the authority to witness enduring power of attorney documents, which may ultimately control how a person is treated in hospital or in a nursing facility.
• You have the authority to issue summonses to direct people to attend at court.
• You also have the authority to issue warrants for a person’s arrest or to search their property.
• You have the power to constitute a court either on your own or with another JP to carry out specific duties.

An outline of your duties as a JP (Qual)

Your duties fall into five main categories:

• witnessing people signing documents as prescribed by law
• certifying copies of documents as true copies, copies of a copy, or copy of a download
• issuing summonses and warrants
• minor bench duties
• attending police records of interviews.

Who will use my services?

The services of the JP (Qual) are in demand by commerce and industry, all levels of government, and the community in general.

You are appointed to serve all members of the community, not just a select few in the organisation in which you work or participate or for the organisation’s customers. You should make yourself available to offer your services whenever possible.

Am I allowed to act as a JP (Qual) outside Queensland?

Yes, you may act outside Queensland, as long as the document you are witnessing or the duty you are fulfilling comes under Queensland law (and the document is to be used in Queensland) or Commonwealth law.

For example, you can witness a statutory declaration anywhere in the world, as long as it applies to matters under Queensland law and is intended for use in Queensland.

You can also generally witness a Commonwealth document anywhere in Australia for use anywhere in Australia, subject to any special provisions required by the legislation that covers such documents.

However, your power to constitute a court applies only within Queensland. You may not exercise this power if you are outside the state.

When should I be available?

You should be available to carry out your duties at all times, as people may contact you at any time of the day or night. If you are busy, you can make an appointment for a time that suits both you and the person seeking your services.

How can people who need my services find me?

The names and contact telephone numbers of all Cdecs and JPs are listed in a database maintained by the registrar of the JP Branch.

The department also has a directory of JPs who are willing to have their name, category, suburb and phone number listed on the internet.

The mobile website at www.justice.qld.gov.au/jpapp gives members of the community an easy way to locate witnessing services.

You may also wish to volunteer in the JPs in the Community program. Another way you can make yourself available is to contact your local police station, hospital and other organisations and advise them of your availability.

Who cannot be appointed?
You cannot apply or hold office as a JP if you:

• have been convicted of a serious offence at any time (i.e. an indictable offence, irrespective of whether it was dealt with in the magistrates, district or supreme court)
• have been convicted of more than 2 offences of any kind at any time
• have been convicted of an offence of any kind in the last 5 years
• have been convicted of an alcohol or drug driving offence in the last 5 years
• are an undischarged bankrupt (i.e. not yet free from bankruptcy).

You are not eligible to apply or hold office if you:

are an insolvent under administration
have a disqualifying conviction (unless you apply for and are granted an exemption)
have had your appointment as a JP or Cdec revoked within the last 5 years.

These restrictions are from the Justices of the Peace and Commissioners for Declarations Act 1991 (the Act).

Examples of offences include all types of criminal offences, drug related offences, financial (tax or business related), social security offences, shoplifting, or failure to pay a TOLL fee within the stated period of time.

These restrictions are from the Justices of the Peace and Commissioners for Declarations Act 1991.

From and attributed to:

HANDBOOK- Duties of Justices of the Peace (Qualified)
© The State of Queensland (Department of the Premier and Cabinet) 2017

Students seeking to become a JP must apply within 2 years of successfully passing their assessments.

Applications can take up to 3 months to process.