Honorary Justices Act 2014

to provide for the appointment of justices of the peace and bail justices, together to be known as honorary justices; and

to specify requirements of honorary justices in relation to the provision of information and training; and

to provide for a code of conduct applying to honorary justices; and

to set out the procedures for the suspension or removal from office of honorary justices; and

to provide for the use of titles by current and retired honorary justices; and

to repeal Part 6 of the Magistrates' Court Act 1989.

Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

If a provision of this Act does not come into operation before 1 September 2014, it comes into operation on that day.

a person appointed as a bail justice under section 14; or

a person re-appointed as a bail justice under section 15; or

a person who is a bail justice by virtue of holding a prescribed office under section 18;

a justice of the peace; or

a bail justice;

A justice of the peace may exercise—

any power conferred on a justice of the peace by or under any Act; and

any other power that he or she is authorised to exercise under any other law.

A magistrate may exercise any power conferred on a justice of the peace by or under any Act.

Any power conferred on a justice of the peace at common law is only exercisable by a magistrate.

in the exercise of a power or the discharge of a duty as a justice of the peace; or

in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty as a justice of the peace.

The Governor in Council may appoint an eligible person to be a justice of the peace.

A person is eligible for appointment as a justice of the peace if—

the person is of or over the age of 18 years; and

the person is an Australian citizen; and

the person is not an insolvent under administration; and

the Attorney-General is satisfied that the person—

has satisfactorily completed the course of training prescribed for appointment as a justice of the peace; and

has sufficient proficiency in the English language to perform the duties of a justice of the peace; and

ordinarily resides in Victoria; and

is a fit and proper person to be appointed as a justice of the peace.

a defect or irregularity in, or in connection with, the appointment of the justice of the peace; or

the failure of the justice of the peace to take an oath or affirmation of office as required by section 8; or

the justice of the peace being suspended from office at that time.

the person resigns by written notice delivered to the Governor; or

the person becomes insolvent under administration; or

the person ceases to be an Australian citizen; or

the person is removed from office in accordance with section 37.

A bail justice may perform any function and exercise any power conferred on a bail justice by or under any Act.

A judge of the Supreme Court or the County Court or a magistrate may exercise any power conferred on a bail justice by or under any Act.

in the exercise of a power or the discharge of a duty as a bail justice; or

in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty as a bail justice.