QJA Quarterly Official Publication of the Queensland Justices Association
A FRESH BEGINNING: A NEW NAME WITH THE CONTENT YOU LOVE
Excellence in JP Services: Educate, Inform, Connect, Advocate, Govern www.qja.com.au | Autumn 2021
OUR PEOPLE INSIDE
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PRESIDENT’S PAGE
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QJA NEWS
PATRON
The Honourable Cheif Justice Catherine E Holmes AC
BOARD OF DIRECTORS
President John Carpendale JP(Qual)
DIRECTORS
Director Julie Arthur OAM JP(Qual)
Vice President Bruce Birtwell JP(Qual)
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ROLL OF HONOUR
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MEMBER SPOTLIGHT
Director Brooke Batley JP(Qual)
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EVOLVING TIMES
Director Joan Kennedy JP(Qual)
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REGIONAL SPOTLIGHT
Director Nathan Milne JP(Qual)
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2021 QJA CONFERENCE
Director Graeme Moorhouse JP(Qual)
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Q&A
Director Andrea Reynolds JP(Qual)
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TECHNICAL NEWS
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ON THE LIGHTER SIDE...
Director Peter Selleck JP(Qual) Director Garth Stephens JP(Qual)
QJA STATE OFFICE
Business Manager and Registrar Wendy La Macchia JP(Qual) Training Coordinator Pamela Currie JP (Qual) Membership Officer Gabor Beres JP(Qual) Merchandise Officer Aaron Dunster JP(Qual)
Director Garth Stephens in Cunnamulla
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Contact details:
https://qja.com.au/about-us-2/ Autumn 2021| 2
IN THIS ISSUE Welcome! Join us on a journey to explore the beauty of South West Queensland; Reflections on differences between our Association and that of the Department of Justice and Attorney-General; Interviews with previous recipients of the QJA Member of the Year award; Who’s Who on the 2021 State Conference guest speaker list; and share a giggle or two in the ‘On A Lighter Note’ section. As the look of our quarterly publication evolves, so too will its content. Member contributions are always welcome to be submitted for consideration by the Editor. Please email articles and photos (image quality 600kb or higher) as separate attachments to editor@qja.com.au Enjoy! Andrea Reynolds – QJA Director and Editor Want to become a JP? Pre-Appointment Courses Coming Up: Brisbane 10th April (Weekend) Blended Online 12th April Brisbane 19th April (Weekday) Brisbane 22nd May (Weekend) Brisbane 24th May (Weekday) Self Paced Available Now To find out more and register visit www.qja.com.au\training or scan the QR code below
COMPANY INFO ACN 009 666 559 – ISSN 1839-2784 8A/108 Wilkie Street, Yeerongpilly, Qld 4105
SOCIAL MEDIA:
PO Box 65 Moorooka, Qld 4105 Phone (07) 3392 2455 E:admin@qja.com.au www.qja.com.au
The QJA Journal is compiled by an editorial committee on behalf of the QJA. Editor: Andrea Reynolds. The views expressed in articles & advertisements published in the QJA Journal are not necessarily the views of the Queensland Justices Association or the Board of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. No material may be copied or reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au Printed by Zink Print. PO Box 236, Kallangur QLD 4503. Phone 0437 777 079 or visit us at www.zinkprint.net.au.
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PRESIDENT’S PAGE
2. Compliance educator – via programs and communications to ensure all 85,000 Queensland JPs know what they need to know to function in a compliant manner. 3. Facilitator of the general public’s interaction with JPs – in particular, the overall management of the JPs in the Community program.
John Carpendale, President JP(Qual)
WELCOME TO 2021 I do enjoy visiting different communities and interacting with QJA members in locations at regions away from where I reside. As I move around and speak with different groups, it’s incredible how many times I get asked the following questions: Can you please explain the difference between the Queensland Justices Association and the JP Branch of the Justice Department? Are both organisations doing the same thing? It is apparent there is, in some quarters at least, uncertainty or perhaps confusion about the respective roles of these two major organisations in the Queensland JP system, so let’s try to clear it up. DJAG Within this system, the JP Branch of DJAG performs three main roles: 1. Regulator of the JP system • responsible for processing the appointment of JPs; • maintaining the register of appointed JPs; • investigating complaints against JPs; and, where necessary • disciplining JPs or terminating of their commission; • proposing system changes (like term appointments).
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QJA In comparison, QJA is a professional membership association for those JPs and CDecs who are not satisfied with just being compliant but who aspire to be as proficient a practitioner as they possibly can be. QJA’s mission is to provide high quality education, information and connection programs that enable our 6,000 members to achieve their proficiency and professionalism aspirations. WORKING TOGETHER Both organisations understand and respect the role of the other and the lines of separation. There is a mutually-supportive and positive relationship between the two bodies with management representatives meeting quarterly (or more regularly as required). This relationship gives QJA the chance to make representations on behalf of our members and it gives the JP Branch the opportunity to seek feedback from the association representing a large cohort of JP practitioners on any change initiatives they may be considering. While some QJA branches are involved in the local coordination of rosters for community signing sites (and QJA strongly endorses this involvement by its branches), it is clearly the responsibility of the government’s JP Branch to manage that particular program. If a QJA member or a branch committee is having trouble connecting with the QJA resources they need to support their quest for continuous improvement, it is clearly QJA’s responsibility to address that matter.
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QJA NEWS NEW LOOK FOR “THE JOURNAL” As you will have noticed, the QJA quarterly member publication (previously called the Journal) has undergone a makeover. With the guidance of external advisers, we have given this publication a new name, a new look and a revamp to some of the traditional content. We hope our readers like the changes we have made. Your feedback (to editor@qja.com.au) will be appreciated. STATE CONFERENCE IS ON COVID-19 restrictions prevented us from conducting our planned 2020 Conference last November, so we rescheduled to 15 May 2021. At this stage, everything is on target for the conference to take place then.
MORE INFORMATION ON THE 2021 CONFERENCE Registrations are filling up fast for the 2021 conference. You can find out more and register on our website at https://qja.com.au/qja-state-conference/ or scan the QR code below
Regardless of whatever COVID conditions might apply at conference time, management of the conference venue, Mantra on View - Surfers Paradise, have assured us they will be able to facilitate a COVID-safe event that allows our faceto-face conference to proceed as planned. The theme for our 2021 conference is People, Progress and Professionalism. All the business session presentations will address different aspects of this theme. An exciting array of highprofile speakers has been confirmed, including: • • • •
A special twilight Meet & Greet function will be held at the conference venue at 6pm on Friday 14 May and the QJA Conference and Awards Dinner will take place on the evening of Saturday 15 May. More information on the conference is contained elsewhere in this edition. All QJA members are encouraged to register for this high-quality professional development and networking opportunity.
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• • •
Tom Tate - Gold Coast Mayor; Her Honour Catherine Holmes AC - Chief Justice of Queensland; Justice Martin Daubney AM - QCAT President; Dr Dinesh Palipana OAM - QLD nominee for 2021 Australian of the Year; Christopher Goh - Team Leader, QJD Digital Drivers Licence Project; Leanne Clemesha - Clinical Nurse Consultant, Office of Advance Care Planning; Samantha Shipman - Office of the Public Guardian
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QJA NEWS MEMBER ACCREDITATION PROGRAM As indicated previously, a QJA Member Accreditation Program will be introduced in 2021. At present, the nomination and assessment processes are being subjected to an exhaustive testing regime. Feedback from the testing phase will allow QJA to refine all aspects of the program before it is opened to the general membership. The purpose of the accreditation process is to recognise and reward those QJA members who, via an assessment process, demonstrate their proficiency as a practicing JP or Cdec. It is also intended to put arrangements in place that will enable QJA-accredited JPs and Cdecs to be acknowledged and recognised as such by those community members searching for a proficient JP practitioner. Access to this program will be made available to all QJA members in mid-May and, for the first 12 months of operation, the nomination, assessment, and accreditation process will be free of any charges. More information will be released in the coming months.
MEMBERSHIP SOFTWARE PACKAGE CHANGE Before automatically renewing QJA’s current membership software package contract (which expires in April), a comprehensive internal review was undertaken of its adequacy and effectiveness. At the same time, QJA’s Information Technology consultant undertook a project to research the marketplace and evaluate suitable alternative membership systems. The outcome of these two reviews and a comparison of the results strongly suggested QJA should seriously consider switching to an alternative package which, in comparative terms, was evaluated as a significantly better match for QJA’s needs. A more detailed investigation on the alternative system, including reference checks, confirmed its superior suitability for QJA’s requirements. Accordingly, the QJA Board has approved the transition from the current membership software package to the preferred alternative as soon as practicable. It is anticipated the new software package will significantly improve QJA’s capacity to make changes to meet member needs and to respond more quickly to changing circumstances. Although additional costs will be incurred in the transition between systems, it is expected the ongoing costs will be more stable and manageable compared to the current package. It is proposed the transition period will stretch from mid-May to mid-September this year. The transition is a huge logistical undertaking which will place significant demands on QJA staff resources over this period. To minimise the impact on ongoing member services during this phase, QJA will look to engage the services of temporary staff and/or volunteers.
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BRANCH CONNECTION PROGRAM
REVIEW OF CONSTITUTION
Once again in 2021, QJA will continue to reach out and interact with branch communities across the State. The 2021 program will consist of two distinct elements:
The QJA Constitution was last amended in 2016. Since that time, several matters have been drawn to the Board’s attention. Suggestions have been made that some of the existing constitutional provisions might not be consistent with QJA’s objective to be a modern and progressive membership association, responsive to the needs and expectations of its membership.
1. A series of forum-type sessions where branch committee representatives will be invited to participate, together with representatives of other branches, in sessions organised by a head officer. The dates and details of these sessions are still being developed and branches will be consulted and informed once planning for this component of the program is completed in the coming weeks. 2. Attendance by QJA directors, in their role as branch patrons, at meetings of branch members or branch committees in their patronage. As well, the President has also set a goal to visit each branch and to personally interact with branch members and/or branch committee members in 2021.
A review of the Constitution will take place in March-April this year and a motion to amend the constitution in certain respects will be included with the notice of the 2021 Annual General Meeting, to be distributed in June 2021 as an insert to the QJA Quarterly. An explanation of the reasons for any proposed amendments will be included with the notice of motion.
The purpose of this program is to ensure the association connects with its branch communities and understand their needs that support the QJA Vision and Objectives. ACJA 2021 The Australasian Council of Justices Associations (ACJA – of which QJA is a member association) meets annually at different jurisdictions throughout Australia and New Zealand. The 2021 Meeting will take place in Brisbane with QJA accepting the role of host association. This meeting of delegates representing Queensland, interstate (and hopefully New Zealand) JP membership associations will take place on Saturday 9 October.
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NOTICES OF MOTION FOR AGM The Annual General Meeting of the Company will be held at the QJA Office, 8A/108 Wilkie Street, Yeerongpilly on Saturday 6 November 2021. The next edition of the Quarterly will carry the formal AGM Notice and Proxies. Members have an opportunity to submit Motions that they would like raised at the AGM. Motions may only be submitted by financial Members, must be seconded by a financial QJA Member, must be submitted in writing with a full explanation of the Motion and be received at the QJA Office no later than 14th May 2021.
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QJA NEWS BOARD ELECTION THIS YEAR Pursuant to Rule 54 of the QJA Constitution, the Board of Directors must stand down and all positions on the Board are declared vacant every two years. 2021 is a Board Election Year. The Returning Officer for elections this year will again be from the office our honorary solicitor - Hall Payne Lawyers. In accordance with Rules 54(d) and (e), only financial Ordinary, Honorary Life, Life Subscription, and Corporate Representative Members of the QJA are eligible to nominate for and vote in the Board elections. The positions on the Board that can be nominated for and elected are: 1 x President, 1 x Vice-President and 8 x Board Members. Rule 54(i) stipulates that only current Members of the Board may nominate a Member for the position of President, and in accordance with Rule 54(k) a Member is not eligible for nomination as President unless they have been a member of the Board for at least 12 months. A Nomination form for positions on the Board will be included in the Winter (June) QJA Quarterly and be available from State Office upon request. Nominations open on 1st June. Completed Nomination forms must be posted or emailed to reach QJA State Office by no later than close of business on Friday 30 July 2021. The formal AGM Notice and Proxy forms will also be published in the Winter (June) edition of the Quarterly.
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Prospective Board Members should familiarise themselves with the QJA Constitution relating to their role and duties on the Board. Members of the QJA Board are registered as company directors under the provisions of the Corporations Act 2001. This registration places various legal obligations upon the Board Members who must carefully consider and understand these obligations. For more information about the duties and role of a Director of the QJA, refer to our website: www.qja.com. au/dir. The resumes of all candidates and the rules for voting will appear in the Spring (September) QJA Quarterly. This election will again be by electronic ballot and more details regarding the voting process will be included in the next edition. Hard-copy ballot papers will also be available for those members unable to vote electronically.
UPDATE YOUR EMAIL ADDRESS NOW The electronic ballot opens on 1 September 2021. All voting must be completed by, and voting papers must be returned to the QJA State Office, by 5pm Friday 1 October 2021. Results will be announced at the AGM which will be held on Saturday 6 November 2021. Login to the member portal here or scan the QR Code below
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ROLL OF HONOUR
The Board wishes to acknowledge the long service given by the following members
25 Years Helen Aldridge
Alan Cook
Andrea Krook
John Rogers
Timothy Barclay
Trent Deverell
Robert Macintosh
Linda Smith
Thomas Blyth
Angela Dogao
Denise Munro
Robyn Tesch
Leslie Boal
Randall Dunsdon
Ruth O’ Neill
Luke Van Wyk
Jeanette Bostock
Brian Flanders
John Purcell
Jennifer Ward
Brenda Christiansen
Lawrence Fox
Arthur Rifkin
Janet Cole
David Hayden
George Robinson
40 Years Ross Gibbins
Brenda Koster
John McNab
Ronald Pollock
50 Years Eldon Bryant
Leslie Morris
60 Years William Hardie
Giuseppe Rigano
William Shang
It is with great sadness we acknowledge the passing of the following QJA members during 2020. Our sincere condolences to family and friends Rosslyn Abernethy
Raymond Ivins
Lorraine Alexander
Lyle Parker
William Bowkett
Ronda Rebgetz
Graham Cavanagh
Leslie Smedley
Beatrice Cree
Allan Stewart
Ronald Cruckshank
Ann Wood
Graeme Dougan
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MEMBER SPOTLIGHT: REFLECTIONS ON PREVIOUS QJA MEMBERS OF THE YEAR As the QJA gears up to announce the prestigious QJA Awards for 2021, Director Joan Kennedy looks back at former recipients of the Member of the Year Award. While the previous winners may not know each other personally, they have many things in common. All have been recognised for their dedication to the oath of the Justice of the Peace and outstanding service to their communities and the QJA family.
DAVID HARRIS JP (QUAL) – MEMBER OF THE YEAR 2016
2016 was the inaugural year of the QJA Awards for Excellence (as they were known then) and David Harris was the first recipient. David is now retired and winding down but has very fond memories of JP life with the QJA. He says of receiving the Member of the Year Award that ‘It was an unexpected honour which recognised my professional responsibilities as a JP. I really appreciated the support of my colleagues in the Branch where I had been the Chair for the previous 4 years’. David received his award at the Conference dinner following the 2016 State Conference in Rockhampton and it certainly made his trip up north from Brisbane much more worthwhile after a stimulating conference. As I was talking to David, he reflected on the award saying that ‘it is dear to me and I keep it in pride of place in my office’. While he did not need an award to prompt him to continue his activities with the QJA, he continues to promote the QJA, mentoring and recruiting new members to the Branch.
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RON COURT JP (QUAL) – MEMBER OF THE YEAR 2017 ‘Being awarded Member of the Year in 2017 was the pinnacle of my career as a JP’ said Ron Court when I asked him how he felt about receiving the award. Ron was quite humbled by the experience and said ‘Everything I did to achieve this award was really a team effort, and it was a great surprise to be singled out for recognition. Over the last 20 or so years, I have loved my time with the QJA as a member and trainer of prospective JPs and Cdecs, especially the face-to-face connection’. Ron reflected on his achievements and recalled how wonderful it was to be recognised. He was instrumental in setting up the Caboolture Branch and was its first Chairman in 2011. The Branch was such a success that, by 2015, they were able to host the State Conference. He had also been a QJA Board member for a couple of years, so being Member of the Year was the cherry on the cake. When asked about the presentation on the night, Ron said ‘Well, it was past my bedtime, so I was in a bit of a daze and lost for words for once in my life’.
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KEITH TAYLOR JP (QUAL) – MEMBER OF THE YEAR 2018 ‘A night I will never forget’ says Keith Taylor JP (Qual) who received the Member of the Year Award in 2018. It was celebrations all round, as Keith was celebrating 50 years as a JP and 50 years as a member of the QJA; and the QJA was celebrating its centennial year. For such an occasion, that year the awards were presented at the magnificent Gala Dinner at the Brisbane Convention and Exhibition Centre following the State Conference. Keith remembers how proud he felt to be presented with the Member of the Year award by His Excellency the Honourable Paul de Jersey AC, Governor of Queensland. ‘As far as know I am the only one to be presented with an award by the Governor which makes it so much more significant’ says Keith. This prestigious award has meant a lot to Keith. He felt he was being recognised by his colleagues for his dedication to providing quality JPs services and that his achievements matter. Keith knows that there are many other worthy recipients of the award and will be forever grateful that he was selected on this night of nights.
BROOKE BATLEY JP (QUAL) – MEMBER OF THE YEAR 2019
Brooke is our current Member of the Year. The baton will be passed to the next recipient at the State Conference dinner on 15 May 2021. November 2019 was a red-letter day for Brooke as he got the ‘double-whammy’. Not only was he selected as Member of the Year earlier in the day at the QJA AGM, Brooke was also elected to the QJA Board of Directors. This is a rare occurrence as sitting Board members are not eligible for the Member of the Year award, but Brooke’s nomination and win preceded the outcome of the Board election. Brooke was recognised for his dedication and tireless work as a QJA Trainer and Assessor, Chair of the Logan Branch, as well as spreading his expertise across five signing sites within the Logan community. Brooke is the go-to JP for matters relating to services to clients from non-English speaking backgrounds. Accepting the award from QJA President, John Carpendale at the Conference dinner in Maroochydore, Brooke said ‘On that night, I felt so proud and humbled to receive such recognition from my colleagues and peers.’ The QJA is proud of its members and knows that there are many who are worthy of our most prestigious individual award, Member of the Year. We look forward to the State Conference dinner when the 2021 Member of the Year will be announced. Good luck to the nominees.
Contibutor: Joan Kennedy Director JP(Qual)
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EVOLVING TIMES According to the dictionary, ‘evolution’ is a gradual directional change, especially one leading to a more advanced or complex form, growth or development, while ‘change’ is the process of becoming different. Now that you have made it to this article, I am sure you have noticed some differences in this publication so far. We have been asking for member feedback, and we have been listening. Some of you prefer to read our articles during your morning commute on the train, others at the desktop in the spare room while ‘old schoolers’ like myself need a break from daily screen time and prefer the printed page. We have added more images throughout to brighten our pages as well as a bit more spacing between lines of text to make our articles easier to read from any device. As our image evolves, as it has done over the decades and will continue to do so into the future, we also embrace our members that prefer tradition and legacy.
We’ve maintained our content with favourite heroes that continue to appear, edition after edition: From the President to clarify any circulating queries as well as provide a sneak peek into exciting events on the horizon; Technical News to keep you up to date with important legislative changes; Q&A to help you deal with various circumstances you might encounter while witnessing documents; On a Lighter Note… to lighten the mood with a welcomed giggle; and the Regional Spotlight which will showcase a different area of the state and focus on what is so important to us: our Members. Speaking of members, you may notice that our Role of Honour has evolved as well. Each edition we will congratulate members reaching the 25, 40, 50 and 60 year milestones by publishing their names in this listing. A full listing of all new members who have joined us during the year as well as other milestones reached will be included in our Spring Edition along with election details and our official reporting, to give them the full recognition they deserve.
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The past year has been a trying time, and I am pleased to have observed many of our members re-thinking how we stay in touch. Many face-to-face gatherings have not been able to proceed as normal due to current world situations. The QJA has provided branches and contact groups with access to Zoom – an excellent, free of charge platform that has assisted us to feel less isolated. Many have embraced Zoom to maintain some level of visual contact. With this technology, distance is no longer a factor. Members from Bundaberg, Hervey Bay and Mackay were easily able to join in on some of Townsville branch’s meetings and quiz nights. During lock-down periods members from Logan and Western Suburbs were still able to continue to engage with each other. For many members, our local branches are our second family. We have checked in on each other through text messages, emails and phone calls – I think this is a testament to how important we are to each other!
Other feedback we have received from members is that there has been difficulty navigating the QJA website. We hear you! Our office staff has been working tirelessly to not only update the overall look of our website, but also update the software that is used to maintain the information, merchandise shop, and professional development modules it contains. Updates like this will take significant time, so please consider this more of an evolution than a change. At the QJA, we understand the importance of our members. If it were not for you, we as an Association simply would not be! Ensuring that our resources are easily accessible, and easy to navigate, for all our members is of utmost importance. Evolution does take time; and we do not want to alter things just for the sake of making things ‘look different’. Our goal for these adjustments is so you can find the information you need – easily. And that our publications can be read from any device – easily. And when you are seeking to refresh your skills, that you can register for any of our professional development courses – easily. Similar to how a caterpillar will not morph into a butterfly overnight, the look and feel of the QJA will continue to slowly evolve. A butterfly is a unique creature in that it cannot see its own wings, only its observers can. Please continue to email us your thoughts and constructive feedback, so the QJA can continue to evolve on this beautiful journey together. WANT TO BE PART OF THE EVOLUTON? If you are interested in contibuting to the QJA Quarterly as a project team member please let us know. Contact the editor, Andrea Reynolds, Director and Editor on editor@qja.com.au
Contibutor: Andrea Reynolds, Director & Editor JP(Qual)
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REGIONAL SPOTLIGHT: SOUTH WEST QLD
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DISTANCE IS NO OBSTACLE FOR THE QJA The south west of Queensland has provided a rich history of Aboriginal culture, famous explorers, historic hotels, development of roads and outback transport in extreme conditions, and a strong sense of community through the years. Industries include oil, gas, beef, wool, and cotton. Festivals in the area are important in bringing the people together and include the Birdsville Races, the Thargomindah Channel Country Quick Shears Shindig, the Noccundra Rodeo and Campdraft, the Tri-State New Year’s Eve Event at Cameron Corner, Easter in the Vines at St George, the Quilpie Diggers Cup, and the Windorah Yellowbelly Hunt, as well as the Catch a Murray Cod in Dirranbandi. Roma has the largest cattle selling centre in Australia and Cubbie Station, near Dirranbandi, is the largest irrigated farm in the Southern Hemisphere. All of this suggests a rich tapestry and a unique area, so different from the more densely populated urban areas of Queensland. Because of the distances between towns and properties in the region and the resulting isolation, the services provided by JPs is at times challenging, however these services are provided on a regular basis. Larger towns like Roma have a signing centre but this is not the case for the many small towns and districts, though a diverse range of legal documents still require witnessing by a JP. QJA has many members in the area, and though they are unable to attend regular Branch meetings, they strive to maintain their knowledge and always provide a professional service. QJA members are in Charleville, Roma, Windorah, St George, Injune, Yuleba, Dirranbandi, Thallon, Wyandra, and Quilpie. The professional service our QJA members provide to their clients is to be commended. Members make regular use of QJA online professional development units and use technology such as Zoom to reduce the impact of isolation. Workshops have been organised in some of the larger towns and have been well received by members. The Western Suburbs QJA Branch has extended their “Outreach Programme” to include QJA’s south western Queensland members in their professional development activities and their meetings. The QJA’s aim is to serve and support all members. To this end, we aim to connect more closely with members and ensure that all members have the chance to maintain their knowledge of new laws and changes to witnessing procedures. Whether you live in the south west, the north, an urban area, or small country town, the QJA is your organisation and ready to meet all its members’ needs.Hutb
Contributor: Garth Stephens, Director JP(Qual)
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2021 QJA CONFERENCE SPEAKERS We are on a countdown until the 2021 QJA State Conference launches on Saturday 15 May at Surfers Paradise on the Gold Coast. The Conference Planning Committee has engaged several industry leaders to present on contemporary topics relevant to JP practice. Throughout the day, you will be hearing from the following speakers: SHANNON FENTIMAN MP
Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Do-
mestic and Family Violence Ms Fentiman was appointed Attorney-General and Minister for Women and Minster for the Prevention of Domestic and Family Violence on 12 November 2020. She holds a Bachelor of Laws (First Class Hons) from QUT and a Master of Laws from Melbourne University. She was admitted as a Legal Practitioner in 2007.
THE HONOURABLE
CHIEF JUSTICE CATHERINE HOLMES AC The Honourable Chief Justice Catherine Holmes AC is the Patron of the QJA and is a great supporter of the honorary justice system. She has been a guest speaker at several QJA Conferences in the past and always adds value to the day. Chief Justice Holmes was admitted as a solicitor of the Supreme Court of Queensland in 1982, and as a barrister in 1984. From 1984 to 1986 Chief Justice Holmes worked as a Commonwealth Crown Prosecutor before commencing private practice as a barrister. In 1999 Chief Justice Holmes was appointed Senior Counsel. Chief Justice Holmes was appointed Chief Justice of the Supreme Court of Queensland in 2015, having served as a judge of the Queensland Court of Appeal from 2006. Chief Justice Holmes has previously served as Judge of the Queensland Supreme Court (2000-06); Justice of the Queensland Mental Health Court (2000-04); and acting Judge of the District Court of Queensland (1999).
Shannon is committed to social justice and, throughout her career, has worked to improve the lives of working people. She is passionate about fighting discrimination and unfairness at work and in the community. Prior to her election to the Queensland Parliament as the Member for Waterford, Shannon worked as a solicitor for Hall Payne Lawyers. She has considerable experience in employment law, having previously worked as an industrial advocate and as a Judge’s Associate in the Supreme Court of Queensland to her Honour Justice Atkinson. Shannon has also been a board member of the Logan Women’s Health and Wellbeing Centre, Secretary of the Centre Against Sexual Violence in Logan, and the Duty Solicitor at the Beenleigh Neighbourhood Centre.
Shannon Fentiman MP
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CHRISTOPHER GOH
General Manager of Customer Oriented Registration and Licensing in the Department of Transport and
Main Roads Each time JPs and Cdecs witness or attest a document, one of the first questions asked of the client is ‘Do you have photo identification?’ One of the most commonly presented forms of ID is the plastic Queensland Driver License. In the coming years, people will be able to swap their physical licenses for a digital one as trials are already taking place in the regional towns of Maryborough and Hervey Bay. How will this digital innovation change our JP practice? At the conference, we will hear from Christopher Goh about the rollout of this important technology. Registration and Licensing in the Department of Transport and Main Roads is responsible for delivering the first Queensland Mobile Driver License. Chris is a highly respected leader in digital technology. He has served as a Public Servant for over twenty years. He led cyber security operations for the Commonwealth Games in Australia, assisted in the Nationalisation of Occupational Licences, and has led digital transformation initiatives in health, emergency services and significant state and national regulatory reforms. Chris was runner-up for the Young Australian of the Year Awards and recipient of the Queens Trust Award for working in developing a digital curriculum for students and establishing a digital program to safely connect children with other children, including those with special needs and disabilities.
SAMANTHA SHIPMAN
Manager Investigations, Office of the Public Guardian Several significant changes were made to Queensland’s Guardianship legislation in 2020. These changes were introduced to give greater protection to vulnerable people who rely on substitute decisionmakers for their health and welfare. This is of significant interest for JPs and Cdecs as we have responsibilities under legislation when accessing capacity and witnessing Enduring Powers of Attorney and Advance Health Directive documents. Samantha Shipman is Manager of the Investigations unit at the Office of the Public Guardian (OPG). Her team investigates allegations of neglect, exploitation and abuse, particularly elder abuse involving enduring powers of attorney and inadequate or inappropriate decision-making arrangements related to adults with impaired capacity. Samantha brings a lot of experience and passion to OPG in upholding the human rights of vulnerable people. She has more than twenty years investigations experience including numerous years conducting criminal investigations relating to abuse of children and vulnerable adults with the Queensland Police Service. Samantha has expert knowledge in the Powers of Attorney Act 1998 and provides internal advice to the Executive Team at the Public Guardian, as well as provides high-level policy assistance internally and externally. Samantha has qualifications in leadership, investigations including Diploma in Policing, completion of the Detective Training and Graduate Certificate in Business (Public Sector Management).
Christopher Goh
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2021 QJA CONFERENCE SPEAKERS
LEANNE CLEMESHA RN
Office of Advance Care Planning Leanne is a Clinical Nurse Consultant in the Office of Advance Care Planning (ACP) – a state-wide service providing information and resources about ACP to public health professionals and helping people to share their ACP documents with doctors involved in their care.
THE HONOURABLE JUSTICE MARTIN DAUBNEY AM
President QCAT Justices of the Peace (JPs) have been part of the Queensland Civil and Administrative Tribunal (QCAT) in Brisbane, Ipswich, Maroochydore, Southport, and Townsville since June 2013. This initiative allows for two JPs to constitute a tribunal to resolve minor civil disputes up to $5,000. It recognises the significant voluntary contribution of JPs in Queensland and provides access to swift and fair justice while allowing QCAT adjudicators and magistrates to focus on more complex matters. Since 2013, QCAT JPs have heard over 12,600 matters across the five sites. Justice Daubney is a graduate of the University of Queensland in Arts and Laws. After initially practising as a solicitor, he was admitted to the Bar in 1988. In 2000 he was appointed Senior Counsel. Justice Daubney practised in Queensland as a barrister and mediator. From 1994, he was also admitted to practise in Fiji. The Honourable Justice Martin Daubney AM was appointed to the Supreme Court of Queensland on 13 July 2007, and as President of the Queensland Civil and Administrative Tribunal (QCAT) in October 2017.
Leanne has over thirty years’ experience in health service delivery in policy, planning and clinical roles, across the continuum of care within acute, community and residential sectors. She is passionate about patient autonomy, ACP and making a difference in health care service deliver – particularly regarding the provision of efficient and effective palliative care service and end-of-life care.
Leanne Clemesha RN
Justice Daubney’s appointment as Member of the Order of Australia for significant service to the law and the judiciary, to education, and to the community was announced in the 2018 Queen’s Birthday Honours List.
QJA Quarterly
Autumn 2021| 18
DR DINESH PALIPANA OAM Many JPs and Cdecs are unsure about their role when providing services for those with disabilities. To shine a light on disability, you will hear from leading disability advocate, Dr Dinesh Palipana OAM, who was Queensland’s nomination for Australian of the Year 2021. Dinesh was the first quadriplegic medical intern in Queensland, and the second person to graduate medical school with quadriplegia in Australia. Dinesh earned a Bachelor of Laws (LLB), prior to completing his Doctor of Medicine (MD) at the Griffith University. He completed and Advanced Clerkship in Radiology at Harvard University. Halfway through medical school, he was involved in a catastrophic motor vehicle accident that caused a cervical spinal cord injury. As a result of his injury and experiences, Dinesh has been an advocate for inclusivity in medicine as well as in the workplace in general. He is a founding member of Doctors with Disabilities Australia. Dinesh is currently a resident medical officer at the Gold Coast University Hospital. He is a lecturer at the Griffith University and adjunct research fellow at the Menzies Health Institute of Queensland. He has research interests in spinal cord injury, particularly with novel rehabilitation techniques. Dinesh was the Gold Coast Hospital and Health Services’ Junior Doctor of the Year in 2018. He was awarded the Medal of the Order of Australia in 2019.
Read about Dr Dinesh here: (or scan the QR code) https://www.luminagoldcoast.com.au/news/interview-with-dr-dinesh-palipana/
QJA Quarterly
Autumn 2021 | 19
Q & A: ENDURING DOCUMENTS When should the attorney sign the acceptance? As outlined in section 5 on the EPA and section 8 on the AHD, this must occur after the document has been witnessed. What if the attorney has “pre-signed” the acceptance? Suggest to the client that the attorneys re-sign the executed document by crossing out their signature and re-dating. Do health professionals take any notice of Advance Health Directives? Medical Practitioners are obliged to take the wishes of the patient into account when providing medical care and will endeavour to comply with the care and treatment outlined in the AHD where possible. However, if new drugs and medical treatments become available which the Principal could not have known about at the time of signing the AHD, it might be reasonable for the doctor to provide the new treatment
Is a Queensland EPA valid in other states of Australia? EPAs are governed by State legislation and, if the principal has assets held in another State (such as real property), they may require an EPA to be prepared for the other jurisdiction. It is recommended that this be discussed with a lawyer if needed. Useful Member Tools for Enduring Documents available on our Member Resources EPA Checklist AHD Checklist eLogbook for record-keeping Capacity Guidelines Role Play EPA Role Play AHD * (note there was a change to the age requirement to be a witness in the last update)
QJA Quarterly
Autumn 2021| 20
Are interstate EPA’s recognised in Queensland? Under section 34 of the Powers of Attorney Act 1998, in addition to recognising interstate enduring powers of attorney, New Zealand enduring powers of attorney may also be recognised as valid under Queensland Law (to the extent the powers they give could have been validly given by an enduring power of attorney made in Queensland). What differences does an Advanced Health Directive for Mental Health have to a regular Advance Health Directive? The AHD for Mental Health has a different standard form. Some of the form’s questions relate to the use of physical restraint and authority to remain in an inpatient unit. All witnessing processes are the same as for the usual Advance Health Directive. What happens if an interpreter or translator is present when the document is witnessed, or an interpreter/translator assists in the preparation of the document? A Form 7 Version 2 should be completed by an interpreter or translator who interprets or translates an enduring power of attorney or advance health directive. This form becomes part of the complete document being witnessed.
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Enduring Power of Attorney: https://youtu.be/0cBGXl_5dFk
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Advance Health Directive: https://youtu.be/0us_HkjvbfM
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QJA Quarterly
Autumn 2021 | 21
TECHNICAL NEWS: TRAFFIC CAMERA OFFENCES WHAT HAS CHANGED? Amendments to the Transport Operations Road Use Management Act 1995 (TORUM Act) now allows for an individual to transfer the liability of a camera-detected infringement offence by completing either a statutory declaration or submitting an online declaration. When completing the nomination process for an individual a postal address can now be inserted, whereas previously only a residential address was accepted. HOW DO YOU WITNESS A CAMERA-DETECTED OFFENCE STATUTORY DECLARATION? Justices of the Peace & Commissioners for Declaration should follow the procedure for witnessing statutory declarations as outlined in chapters 4.3 of the Duties of Justices of the Peace (Qualified) and Commissioners for Declarations handbooks. Further information can be found on the on the QJA website in the resource section in the members area. It is important to pay particular to the following when filling out a camera detected infringement Statutory Declarations: Name and address of the declarant (Top section) The declarant is to complete this section if: • They are the registered owner of the vehicle but were not the driver at the time of the offence. • They are completing the statutory declaration on behalf of a company and they are authorised by the company to do so. (Note: The declarant must record their position/title within the company structure on the declaration). • They were the driver of the vehicle at the time of the offence (self-nomination)
QJA Quarterly
Particulars of Person (nominee or mid-section): If the declarant is the registered owner of the vehicle but was not the driver at the time of the offence, they nominate the driver in this section by providing as much details of the driver as possible. If the declarant is self-nominating, they must record their own full particulars in the same section. The address can be defined for an individual as the usual place of residence, the postal address if different from the residence or for an individual that is business-related they can put the address of the business. For a corporation the address would be the head office, principal office or the registered office the corporation. They may also use a postal address. There will be times where the declarant won’t know the nominated individual current address. Under legislation the declarant is required to supply the last known address of the driver / individual in charge of the vehicle at the time of the camera detected offence occurred. If these details are missing, the statutory declaration will not be processed.
Autumn 2021| 22
WHAT IS AN ONLINE DECLARATION?
Want to find out more?
Recent amendments to the TORUM Act now allows for a person to complete an online declaration. An online declaration is not a statutory declaration but carries similar penalties for making a false declaration – up to 2 years imprisonment or 60 penalty units.
Visit https://www.police.qld.gov.au/initiatives/ road-safety/red-light-and-speed-cameras/ infringements
AMENDMENTS TO THE JP AND CDEC HANDBOOKS JPs and CDecs should note that amendments have been made to chapter 4.3 of the relevant handbooks and should ensure their copy is updated. Source: Technical Bulletin 01/20 Justices of the Peace Branch, Department of Justice and Attorney-General Photo by Pawel Czerwinski on Unsplashpg
Contributor: Nathan Milne, Director JP(Qual)
ON THE LIGHTER SIDE...
A priest, a rabbit and a minister walk into a bar. The rabbit says “I think I might be a typo”
QJA Quarterly
Autumn 2021 | 23
Excellence in JP Services web: www.qja.com.au ph: (07) 3392 2455 email: admin@qja.com.au QJA is a member organisation for JPs and CDecs in Queensland and a registered training organisation licenced to deliver the course to those who want to become a JP. As a JP you are appointed for life and we are with you for the term of your appointment as long as you want us to be.
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