Justices of the Peace Act 1989

This Act is the Justices of the Peace Act 1989.

A person is eligible to be appointed as a justice of the peace (an eligible person) if the person—

is at least 18 years old; and

satisfies the criteria (if any) in the guidelines made by the Minister for this section.

The Minister may make guidelines about eligibility for appointment as a justice of the peace.

A guideline is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

The Minister may appoint an eligible person as a justice of the peace.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3 A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to an appointment under this section.

An appointment under this section is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

Before beginning to perform the duties of office, a justice of the peace must take an oath of office, or make an affirmation of office, before a judge, in accordance with the relevant form in schedule 1.

The Minister may make guidelines about the role of a justice of the peace.

A guideline is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

The Minister may end a person’s appointment as a justice of the peace if—

the person becomes bankrupt or personally insolvent; or

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

the person is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or

the person is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

the Minister is satisfied that the person has not complied with the guidelines (if any) made under section 3A; or

the Minister is satisfied that the person is no longer an eligible person; or

the criteria (if any) prescribed by regulation for this section apply to the person.

The Minister must end a person’s appointment as a justice of the peace for physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s functions as a justice of the peace.

Note 1 The appointer’s power to make the appointment includes the power to suspend the appointee. The power to suspend is exercisable in the same way, and subject to the same conditions, as the power to make the appointment (see Legislation Act, s 208).

Note 2 A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

The registrar of the Supreme Court must keep a register to be known as the Register of Justices of the Peace of the Australian Capital Territory.

On the appointment of a justice of the peace, the registrar must enter his or her name in the register.

The registrar must strike off the register the name of a person whose appointment as a justice of the peace has ceased.

This section applies to the personal information of a justice of the peace.

The Minister may authorise—

the use of the information to give justices of the peace in the ACT information about the A.C.T Justices of the Peace Association Incorporated (the association); and

the disclosure of the information to the association to help it in circulating information about services that may be given by justices of the peace in the ACT.

In this section:

personal information, of a justice of the peace, means the justice’s name and contact details.

A person may, in writing, apply to the commissioner for fair trading for permission to use the title “JP (Retired)” (the retirement title) after the person’s name if—

the person’s appointment as a justice of the peace has ended; and

the person was appointed as a justice of the peace for at least 10 years in total.

The commissioner for fair trading must not give permission to use the retirement title unless satisfied that the person is of good character and standing in the ACT community.

The commissioner for fair trading may, in writing, withdraw permission to use the retirement title if—

the commissioner is no longer satisfied the person is of good character and standing in the ACT community; or

the person notifies the commissioner, in writing, that the person no longer wishes to use the title.

Permission to use the retirement title does not authorise a person to exercise any function of a justice of the peace.

The commissioner for fair trading may make guidelines in relation to the use of the retirement title.

A guideline is a notifiable instrument.

Note The commissioner for fair trading may delegate the commissioner’s functions under this section to a public servant (see Fair Trading (Australian Consumer Law) Act 1992, s 34).

The Executive may make regulations for this Act.