Vol 12 no 1 autumn 15

VOLUME 12 • NUMBER 1 • AUTUMN 2015

INSIDE THIS ISSUE 2 COMPANY INFORMATION 3 PRESIDENT’S REPORT 4

NEWS IN BRIEF

5 RAY BURROWS TRIBUTE 6 INTRODUCING CARMELO PASQUALE 7 QJA CODE OF CONDUCT 8

N A LIGHTER O NOTE

9

2 015 EGM MINUTES

EGM ENDORSES ELECTRONIC VOTING At the Extraordinary General Meeting (EGM) held at State Office on Monday 26 January 2015, the motion to introduce optional electronic voting for the QJA biennial director elections was approved.

The minutes of the EGM are published on page 9.

The implications of this decision are explained in the President’s Report (page 3).

CHANGES IN BOARD COMPOSITION As advised in the last edition of the Journal, Bob Pilkington has resigned as a director. The QJA Board is very pleased to announce Carmelo Pasquale from Mackay was appointed by unanimous vote of the Board to fill the casual vacancy. An article introducing Carmelo is on page 6. More recently, Senior Vice President (and immediate past President) Ray Burrows has also tendered his resignation.

Tributes to Ray’s involvement with the Board are contained in the President’s Report (p.3) and the feature article on page 5.

STATE OFFICE SIGNING SITE SUCCESS

REASONS FOR REJECTION: TRAFFIC INFRINGEMENT STATUTORY DECLARATIONS VALE 10 ROLE OF HONOUR 11 Q & A 12 GUIDELINES FOR WITNESSING ENDURING DOCUMENTS 14 R EGIONAL ROUNDUP 15 BRANCH MEMBERSHIP 16 REGIONAL CONTACTS Helpful Phone Numbers

Since the beginning of 2014, QJA has hosted a JP signing/witnessing site within the State Office premises at Woolloongabba. Initially, the area available was somewhat limited but as a result of recent office renovations, the volunteers and their clients now have a comfortable, spacious and easily accessible processing and waiting area separate from the rest of the office (see photo).

Starting slowly, patronage has gradually increased over the last 12 months and based on the numbers attending since the start of 2015, the site looks forward to comfortably processing an average of 100 clients per week or 5,000 per annum for 2015.

Thank you to the committed volunteers who provide this service five days a week (11am – 3pm) and the QJA staff members who support them. This service further enhances the profile and reputation of the QJA in Woolloongabba and the associated community. Additional volunteers are always welcome – please contact john.carpendale@qja.com.au.

ELECTRONIC JOURNAL ON THE WAY This issue of the QJA Journal is also available in an electronic format. If we have your email address, you will already have received a message giving you access to several electronic versions. We would like your feedback on which version you prefer, so please let us know. This will guide us in deciding which version of the e-journal to implement.

Serving Queensland’s Honorary Justices since 1918

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d of Patron Directors Our

Telephone (07) 3389 2481 Email Mobile 0415 418The 320Hon Paul de Jersey, AC, Chief Justice of Queensland EmailOF THE marian.vierveyzer@qja.com.au CHAIRMAN BOARD

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Our Our Patron Board of Patron Directors

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VICE PRESIDENTS T & CHAIRMAN OF THE BOARD DIRECTORS Telephone (07) 3812 1865 ual) Qual) Telephone (07) 3822 1366

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Board of Directors Board of Directors

MrDavid KeithRead Revell JP (Qual) Mobile 0409 499121 016865 Mobile 0438 Mr JP (Qual) al) PRESIDENT Email ray.burrows@qja.com.au Telephone: (07) 3803 4337 Email bob.pilkington@qja.com.au Telephone: (07) 4152 3318 (AH) Telephone: VICE PRESIDENTS

Mr PRESIDENT Keith Revell JP&(Qual) 3803 4337 CHAIRMAN OF THE(07) BOARD Mobile: 0411 134 841 Mobile: 0405 252 135 .com.au Mobile: 0411 134 841 Telephone (07) 3812 1865 Mr Mr BobRay Pilkington BurrowsJP JP(Qual) (Qual) Telephone (07) 3822 1366 VICE PRESIDENTS Email: dave.read@qja.com.au

Email: keith.revell@qja.com.au Email: keith.revell@qja.com.au Past President Mobile Mobile 0438 0409121 499865 016 Telephone (07) 3389Immediate 2481 P (Qual)

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Mr David Read JP (Qual) Telephone: (07) 4152 3318 Mobile: 0405 252 135 Email: dave.read@qja.com.

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Our Patron

Telephone (07) 3812 1865 Email bob.pilkington@qja.com.au Email ray.burrows@qja.com.au AC, Chief Justice of Queensland Mobile 0415 Mobile 0438 121418 865320 Mr John Carpendale JP(Qual) SENIOR VICE PRESIDENT The Hon Paul de Jersey, Mr Christopher Porter JP(Q Mr Doug Hull JP (Qual) Email bob.pilkington@qja.com.au Email marian.vierveyzer@qja.com.au

Telephone (07) 3353 2927 VACANT

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0438 121 865 bob.pilkington@qja.com.au

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PRESIDENTS Mr Christopher PorterVICE JP(Qual) ray.young@qja.com.au PRESIDENT & CHAIRMAN OF THE BO 0419 189JP (Qual) 94 Telephone (07)0419 4927148 4155 MrMobile: Raymond Young148 OAM

Mr Christopher Porter JP (Qual) Mobile: 189 Telephone (07) 3389 2481 Mrs Marian Vierveyzer JP (Qual) Telephone (07) 4927 4155 OAM JP (Qual) Mr Ray Burrows JP (Qual) Telephone (07) 382 The Hon Paul de Jersey, AC, Chief Justice of Queensland 624 6481839-2784 Email: chris.porter@qja.com.au om.au QUEENSLAND JUSTICES ASSOCIATION - ACN 009Mobile 666 Email: 5590405 –chris.porter@qja.com.au ISSN

Mobile 0405 624 648 Mobile 0409 49 Email ray.young@qja.com.au DIRECTORS Email marian.vierveyzer@qja.com.au Email ray.young@qja.com.au Email ray.burr Mr Mr David Read JP (Qual)

David Read Telephone: (07) 4152 3318 (AH)by l) Queensland The Justices Association (QJA) isJP a (Qual) not-for-profit public company limited DIRECTORS Mobile: 0405 252 135

Telephone: 4152 3318 (AH) DIRECTORS 09 666 559operating – ISSN 1839-2784 VICE PRESIDENTS (07) 4927 Mr Raymond(07) Young OAM JP (Qual) uarantee under theMrCorporations Act 2001 and Telephone is governed by a4155 of Directors.

MrBoard David Read JP (Qual) John Gordon JP (Qual)

Board of Directors

Email:0405 dave.read@qja.com.au Mobile: 252 135 com.au Mr David Read0405 JP (Qual) Qual) Mobile 624 648 Mr Bob Pilkington JP3318 (Qual) Telephone: (07) 4152 (AH) Mobile: 0415 589 047

Telephone: (07) 4152 3318 (AH) 7 Email: dave.read@qja.com.au Email ray.young@qja.com.au Immediate Past President r-profit public company limited by Mobile: 0405 252 135 Email: john.gordon@qja.com.au PRESIDENT & CHAIRMAN OF THE BOARD Mobile: 0405 252 135 @qja.com.au Registered Office: 751 Stanley Street, Woolloongabba, Qld 4102.Email: dave.read@qja.com.au Email: dave.read@qja.com.au l)nd is governed by a Board of Directors.

John Carpendale JP(Qual) DIRECTORS MrMr Ray Burrows JP (Qual) Telephone (07) 3822 1366

Telephone (07) 381 Mobile 0438 12 Email bob.pilk

ostal Address: PO Box 8419, Woolloongabba, Qld 4102 DIRECTORS Telephone (07) 3353 2927 Mobile 0409Mr 499Ron 016Court Mr Keith Revell JP (Qual) Mr Carpendale JP(Qual)

JP (Qual)

Mr John Carpendale JP (Qual) Mr John Carpendale MrJohn David Read JP (Qual) Mr John GordonJP(Qual) JP8.30am (Qual) Office Hours: Monday – (07) Friday to 4.30pm Telephone (07) 338 Mrs Marian Vierveyzer JP (Qual) ongabba, Email ray.burrows@qja.com.au Telephone: 3803 4337 Telephone (07) 3353 Mobile 0419 683 325

Telephone: (07) 5499 0697 Telephone: (07) 3353 2927 4337 Qld 4102.

Telephone (07) 3353 2927 Telephone: (07) 41522927 3318 (AH) Mobile: 0415 589 047 Mobile 0415 41 Contact: Free call: 1800 061 423 Telephone: (07) 3392 2455 Facsimile: (07) 3392 2955 Mobile: 0411 Mobile 0419 683 325

Mobile: 0419 679 619 1 Mobile 0419 683 325 4102 Mobile: 0419 683134 325841 bba, Qld com.au Email john.carpendale@qja.com.au Mobile: 0405 252 135 Email: john.gordon@qja.com.au Email marian.v Email: keith.revell@qja.com.au Email Email john.carpendale@qja.com.au

Email: john.carpendale@qja.com.au ron.court@qja.com.au

Email: john.carpendale@qja.com.au Email: dave.read@qja.com.au Email: admin@qja.com.au oqja.com.au 4.30pm VICE PRESIDENTS Mr Christopher Porter JP(Qual) Telephone: (07) 3392 2455Mrwww.qja.com.au -Doug Facsimile: (07) 3392 2955 Mr Christopher Porter JP(Qual) ual) Mr Christopher Porter JP(Qual) Mr Doug Hull JP (Qual) Website: Telephone (07) Mr Raymond Young OAM JP (Qual)

Hull JP 0419 (Qual) 3812 1865 Mr Bob Pilkington JP(Qual) (Qual) Mr Keith Revell JP Mr John Carpendale Mr Raymond Young JP(Qual) OAM JP (Qual) Telephone (07) 492 Mobile: 148 189 94 Mobile: 0419 148 189 0294 Mobile: 0419 148 189 Telephone: (07) 4128 0294

Telephone: (07) 4927 4155 Telephone: (07) 4128 0294 Immediate Past President Telephone: (07) 3803 4337 (07) 3353 2927 0438 121 Telephone 865 acebook: www.facebook.com/QldJusticesAssn Mobile 0405 62 Email: chris.porter@qja.com.au Mobile m.au Email: chris.porter@qja.com.au a.com.au Email: Email: doug.hull@qja.com.au Mobile: chris.porter@qja.com.au 04050419 624683 648325

Email: Mobile: doug.hull@qja.com.au 0411 134 841 Mobile Email bob.pilkington@qja.com.au Email ray.youn Registrar: Angela Yin BA (Journalism), GradDipSocAdmin, Cert IV TAE, Cert IV Email: MHumanServ, ray.young@qja.com.au Email: keith.revell@qja.com.au Email john.carpendale@qja.com.au

37 Qual)

ticesAssn Carmelo Pasquale JP (Qual)

Mrs Marian Vierveyzer JP (Qual) Mr Christopher Porter JP(Qual) Doug (Qual) DIRECTORS m), MHumanServ, CertHull IVJPTAE, Cert IV Fin Telephone Serv, JP (Qual) (07) Mr 3389 2481 MrsMrMarian Vierveyzer JP (Qual) N 009GradDipSocAdmin, 666 559 – ISSN 1839-2784 QUEENSLAND JUSTICES ASSOCIATION ACN 009 666 559 – ISSN 1839-2784

Telephone: (07) 4942 4608

Telephone: (07) 3389 2481 Mobile: 0419 148 189 Telephone: (07) 4128 0294 09 666 559 – ISSN 1839-2784 Mobile 0415|418Editor 320John Mr The QJA Journal is compiled by an Editorial Board on behalf of the QJA. Keith Revell Mr Gordon JP (Qual)

Mobile: 0415 418 320 Email: doug.hull@qja.com.au

Email

Mobile: 0408 879 182 Email: chris.porter@qja.com.au marian.vierveyzer@qja.com.au Mobile: 0415 589 047

-for-profit public limited by Queensland Email: Revell marian.vierveyzer@qja.com.au Email: carmelo.pasquale@qja.com.au The expressed in articles & advertisements published in the QJA Journal are not necessarily the views of the Queensland Jus alf views of the QJA. company | Justices Editor Mr Keith The Association -profit by (QJA) is a not-for-profit public company limited by Email: john.gordon@qja.com.au 1 and is public governedcompany by a Boardlimited of Directors. rthe theguarantee Board of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. No materi operating under the Corporations Act 2001 and is governed by a Board of Directors.

Journal are not necessarily the views of the Queensland Justices Association nd isQJA governed by a the Board of Directors.

Telephone (07) 4927 4155 Mr Raymond Young OAM JP (Qual) eproduced without written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au claims copyright to all material published in this Journal.

No material may be copied or QUEENSLAND JUSTICES ASSOCIATION - ACN 009 666 559 – ISSN 1839-2784 loongabba, Qld 4102.

Mobile 0405 624Mr 648Keith Revell JP (Qual) Registered Office: to The751 Stanley Street, Woolloongabba, Qld 4102. iries should be addressed Editor at editor@qja.com.au gabba, Qld 4102 Telephone: (07) 3803 4337 rinted by Zink Print.

PO Box 236, Kallangur QLD 4503.

Phone 0437 777 079 or visit us at www.zinkprint.com.au.

Qld 4102. JusticesPO ray.young@qja.com.au Postal Address: Box 8419,(QJA) Woolloongabba, Qld 4102 The Queensland is a not-for-profit publicEmail company limited by mngabba, to 4.30pm hone 0437 777 079 or visit us at Association www.zinkprint.com.au.

Mobile: 0411 134 841 Office Hours: – Friday 8.30am to 4.30pm ba, Qld 4102 guarantee under the Corporations Act2955 2001 and is governed by a Board of Directors.

- Telephone: (07)operating 3392 2455 -Monday Facsimile: (07) 3392 Email: keith.revell@qja.com.au Contact: Free call: 1800 061 423 - Telephone: (07) 3392 2455 - Facsimile: (07) 3392 2955 4.30pm DIRECTORS Email: Mr Doug Hull JP (Qual) Registered Stanley Street, Woolloongabba, Telephone: (07) Office: 3392 2455admin@qja.com.au -751 Facsimile: (07)JP 3392 2955 Qld 4102.

Mr David Read JP (Qual) Mr John Gordon (Qual) ving Queensland’s Honorary Justices Telephone: (07) 4128 0294 JusticesAssn Website: www.qja.com.au Postal Address: PO Box since 8419, 1918 Woolloongabba, Qld 4102 Telephone: (07) 4152 3318 (AH) Mobile: 0415 589 047 Email: doug.hull@qja.com.au lism),Facebook: GradDipSocAdmin, MHumanServ, Cert–IV TAE,8.30am Cert IVtoFin Serv, JP (Qual) www.facebook.com/QldJusticesAssn Office Hours: Monday Friday 4.30pm Mobile: 0405 252 135 Email: john.gordon@qja.com.au Contact: Free Yin call: BA 1800 061 423 - GradDipSocAdmin, Telephone: (07) 3392MHumanServ, 2455 - Facsimile: (07) 3392Cert 2955 Registrar: Angela (Journalism), Cert IV TAE, IV Fin Serv, JP (Qual) Email: dave.read@qja.com.au

icesAssn Email: behalf of the QJA. | Editor Mr Keithadmin@qja.com.au Revell m), GradDipSocAdmin, MHumanServ, Cert IVon TAE, Cert IV Fin Serv, JUSTICES JP (Qual) Website: www.qja.com.au Mr Keith Revell JP (Qual) Mr John Carpendale JP(Qual) QUEENSLAND ASSOCIATION - ACN 009 666 559 – ISSN 1839-2784 d in the QJA Journal are not necessarily of the Queensland Justices Association The QJA Journal is compiled bytheanviews Editorial Board behalf of the QJA. | Editor Mr Keith Revell

Facebook: www.facebook.com/QldJusticesAssn on claims copyright to all material published in this Journal.

No3803 material may be copied or Telephone: (07) Telephone (07) 3353Justices 2927 Association Business Manager and Registrar: Wendy La published Macchia B. Bus (Accounting), AIMM, JP (Qual)the views Theshould views expressed & advertisements in4337 the QJA Journal are not necessarily of the Queensland nquiries be addressedintoarticles The Editor atMobile: editor@qja.com.au Registrar: Angela Yin0411 BA134 (Journalism), GradDipSocAdmin, MHumanServ, Cert IV TAE, 841 Mobile 0419Cert 683 IV 325Fin Serv, JP (Qual)

The Queensland Justicespublished Association (QJA) is a No not-for-profit company limited the QJA. Board of|Directors.© Queensland Justices Association claims copyright to all material in this Journal. material maypublic be copied or alf oforthe Editor Mr Keith Revell

3. Phone 0437 777without 079 or visit us at www.zinkprint.com.au.

Email: keith.revell@qja.com.au Email john.carpendale@qja.com.au reproduced the written consent of the QJA. All enquiries guarantee should be addressed The Editor at editor@qja.com.au operatingtounder the Corporations Act 2001 and is governed by a Board of D The QJAare Journal is compiledthe by an Editorial Board on behalf of the QJA. | Editor Mr John Carpendale the QJA The Journal not necessarily views of the Queensland Justices Association QJA Journal is compiled by an Editorial Board on behalf of the QJA. | Editor Mr Keith Revell Zink Print.

PO 236, Kallangur QLD 4503.

Phone 0437 777 079 visit usor at www.zinkprint.com.au.

Theby views in Box articles &Mr advertisements published in the QJA Journal areorcopied not necessarily the views the Queensland Justices Association MrofChristopher Porter JP(Qual) Doug Hull JP (Qual) laimsPrinted copyright toexpressed all material published in this Journal.

No material may be Registered Office: 751the Stanley Street, Woolloongabba, Qld 4102.

The views expressed in articles & advertisements published in the QJA Journal are not necessarily views of the Queensland Justices or the Board of Directors.© Queensland Justices Association claims copyright to all material published in this Journal.

No material may beAssociation copied or Mobile: 0419No 148material 189 may Telephone: (07) 4128 0294 ries should be Board addressed to The Editor at editor@qja.com.au or the of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. be copied or Postal Address: PO Box 8419, Woolloongabba, Qld 4102 reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au chris.porter@qja.com.au Email: of doug.hull@qja.com.au reproduced without the written consent the QJA. All enquiries should be addressed to The Editor at Email: editor@qja.com.au Office Hours: Monday – Friday 8.30am to 4.30pm honeServing 0437 777 079 orHonorary visit us atJustices www.zinkprint.com.au.

Queensland’s 1918 QLD 4503. Phone 0437 777 079 or visit us at www.zinkprint.com.au.

Printed

by Zink Print. PO Box 236, since Kallangur Printed by Zink Print. PO Box 236, Kallangur QLD 4503. Phone 0437 777 079 or visit us atFree www.zinkprint.com.au.

Contact: call: 1800 061 423 - Telephone: (07) 3392 2455 -

Email:

admin@qja.com.au

www.qja.com.au QUEENSLAND JUSTICES ASSOCIATION - ACN 009Website: 666 559 – ISSN 1839-2784

Facebook: www.facebook.com/QldJusticesAssn Registrar: Angela The Queensland Justices Association (QJA) is a not-for-profit public company limited byYin BA (Journalism), GradDipSocAdmin, MHum 2

2

Serving Queensland’s Honorary Justices since 1918

Serving Queensland’s Honorary Justices since 1918

VOLUME 12 • NUMBER 1 • AUTUMN 2015 VOLUME 11 • NUMBER 2 • WINTER 2014

President’s Report President’s Report

Dear Colleagues, while the summer months are traditionally the quieter time of the year, for the Dear QJAColleagues it has been a very busy period - with the office renovation underway, business banking The QJA Registrar, Angela Yin has advisedchanges the Board that she hasback-office received an exciting job offer implemented, computer system inchanges the UK starting in August andplanning has consequently planned, strategic and policy handed inunderway, her resignation. behalf of the Board reviews more On website updates, regional I have (reluctantly but understandably) accepted workshops being planned, pre-appointment courses Angela’s notice. This is a sad day for all of us, as scheduled for 2015, plus much more.

Angela has contributed a lot over her four years with the QJA and has accomplished many achievements which Thebene Stateted office is underway to cater additional have you,remodelling our Members, the company, andfor thethewider JP staff, with walls being removed, cabling arranged, and expansion community. The job opportunity that Angela has received is a great of the signing facility for members of theand public. thisyou time I wish career move and an adventure for Angela I amAt sure will join to merecord in wishing her the very to best for the stage of her career.

We my appreciation Protect Allnext Children Today Inc. (PACT) willwho shortly the advertising process, a notice is later havecommence kindly donated some of their surplusand furniture to our office. in this Journal (page 10).

When the remodelling is complete it will be a better work environment Dear Colleagues, it has been a busy few months for staff and the and volunteers whotowards attend the signing facility.

As for theour weather cools we with move Winter it is aoftime of the Board the Australasian Council Justices’ theFollowing year whenextensive historically people start to think about others less Associations (ACJA) national conference, the investigations, the Board has now approved fortunate than themselves, and if youatare wondering how you can State Conference Redlands, the Annual General a project replace a number of ouryour back-office systems help you maytowant to consider putting as a computer JPrefreshers. or C.Dec to Meeting, and a number ofrole regional with single, fully integrated Student and Member good usea by supporting your local community.

If you areManagement a current Following the Board planning renewal of the honorary justice cansystem help your local community byavolunteering System.

Thisyou new will replace four day current stand-alone strategy for the company has Station. commenced with at asystems local signing centre, courthouse, or Police If you arethe plus numerous spreadsheets that have to of be the maintained.

As Board agreeing that the Vision QJA is to: nervous uncertain aboutthrough dealing with some of the the savings documents well asorfinancial savings reduced licences, in staff Preeminent organisation for Queensland you may encounter “Be thenthe mentoring and professional development time will be considerable.

Honorary services are available.

Contact Justices”. your local QJA Branch and discuss the In striving for thisalso Vision Board has agreed that as opportunities an organisation volunteering, mentoring andthe professional development The new system introduces a number of significant new features our Mission and our focus is that we are: “Committed to being the available in your area. that will enable greater Member engagement, better recording centre of excellence for Queensland Honorary Justices through of a Member interactions, a Member Self-service facility (so youonline, can keep combination oftoleadership, training, professional development and I am delighted announce the launch of our rst fully your contact details updated) withisthe planned rollout of electronic advocacy”. interactive training course.

Theand, course the accredited module for new Commissioner for Declarations and already numberas of we Students Journals, system will alsowill record your communication preferences The Boardthe planning process continue to adevelop expand have enrolled graduated with of Statement Attainments issued. on Goalsand so that as tracking an organisation we of can concentrate oncurrent those andour enable improved requests and orders. The This new method of delivering the Commissioner for Declarations activities that management are relevant and deliver valueand to you the Members. online event booking system the online merchandise course complements our current classroom and correspondence The Justices’ Associations (ACJA) is a shopAustralasian will be upgraded and of integrated into thewho new are system. courses.

It offers an Council alternative for individuals busy, Current who forum for JP Associations across Australia and New Zealand plans are for an implementation after Easter, but keep an eye out for live in remote locations, or for whatever reason nd it difcult tofor public discussion and debate of matters relating to JPs. This year it attend one of our on classroom courses. update notices our website. was Queensland’s turn to host the annual conference convened by Senior Vice President Ray Burrows who has held for the office of ACJA It has raised in alargest number of discussion groups thatnew manyJustices Members The QJAbeen remains the provider of training President for 2014.

The success of this year’s ACJA conference was like to have ed) access Professional Development refresher of would the Peace (Quali andtoCommissioner for Declarations in due to the outstanding efforts of Director John Carpendale who through Queensland and, as a not-for-pro t, all monies earned after costs courses to update their Commissioner for Declarations or Justice of focus,back dedication, and attention toordetail delivered asupporting remarkable arehis passed to the local Branches into programs the Peaceof(Qualified) skills.

While workshops and branch meetings timetable events: from the welcome at the Banco court you, our Members. With the addition of this new Online coursehosted we continue to be an important source for Members to maintain their skill by our patron Chief Justice Tim Carmody, to the conference held now offer a wider selection of course formats at more locations than in the Supreme Court building with guest speaker Damien Mealey, and knowledge levels, an option to undertake a full course is desirable. anyone else. In addition, our Students benet from being part of a JP Branch Registrar, to the AGMminded dinnerJPs held inC.Decs the Balmoral room network of over 6,000 community and supported Therefore we have number of onlineDavid modules based the 30 Brisbane Citybeen Halldeveloping with guesta speaker Justice Thomas, byofover Branches across Queensland, available to help them as ontake the content, similar in structure, to athe online pre-appointment President of QCAT. they their rstand steps on their journey as Queensland Honorary training The initial online developed Justice.

The annualmodules.

State Conference was this year modules hosted by being the Redland City Branch who delivered an outstanding conference with high quality comprise C.Dec Essentials, C.Dec Advanced and JP(Qual) Essentials.

The QJAdetails is Registered Organisation andshortly. thethe speakers in a polished and Training professional manner showcased More about availability and pricing will which be (RTO) announced compliance requirements have adhere to are very best aspects of the QJA. we Over 180todelegates attended the high. event If and I want referred thethe changed office banking weoverwhelmingly to to continue delivering program weFollowing must feedback has this beentraining veryarrangements. positive.

Congratulations maintain strict standards ofneeds, accountability and documentation.

This toa review Chairman Ianbanking Hawes, SeniortheVice President Ray Burrows and of our Board made the decision late last does place a burden onCommonwealth the of cefor staff which can conference. sometimes the Redland City Branch team anBank excellent Special year to move to the business bankingcause service. delays processing merchandise new applications, workshop mention to the MC of the dayorders, Mrs Pauline Kilburn who managed The new arrangements provide with greater payment bookings, etc.banking If this has impacted you, wetime dousapologise. to keep the Politicians and speakers on and kept the delegates flexibility, approval security engaged andenhanced entertained during the day. and an easier administrative interface.

Asthe weQJA introduce the new features, you will noticeensure changed The Board of recognizes that as an RTO we must I am delighted to announce that Caboolture Branch has been wesuccessful strictly adhere requirements as the set downState by merchandise the Federal or bank details and to payment processes when purchasing in their bidthe and will be hosting 2015 Conference. body whichevents. manages the RTO program and we recognize this does booking The conference details are still to be refined and more detail will place a higher burden on our ofce staff, so we are investigating follow but at this stage you can note in your 2015 calendars that it will opportunities to streamline of procedures minimize impacts One of attheBribie key changes bece introduced thistoyear is2015. the way we will be held Island ontoSaturday 7th November on be other serviceMembership delivery areas.

We willinvoices. keep you The up-to-date as these issuing renewal new back-office This year we arranged for the Annual General Meeting of the QJA new procedures are implemented. to be held on the same day as the State conference. Unfortunately

President’s Report

computer system will enable us to issue these renewals electronically and introduce additional ways you can pay your renewals. More detail Youof may not have but the under which all JPs and this change willnoticed be discussed nextAct issue, but this is again a reminder C.Decs operate was changed recently. The Justice of the Peace and that it is important to keep us informed of any changes to your contact Commissioner for Declarations Act 1991 was updated in December details andhaven’t email. done so already it is worthwhile perusing the 2013.

If you updated document familiarisingGeneral yourselfMeeting with thewas changes.

A On January 26 theand Extraordinary held in State number of legislative changes have been made this year, including Office to review resolution to enableAct, electronic voting forJPBoard to the Police Powersthe and Responsibilities as a responsible or Elections.

The meeting approved the resolution means that C.Dec you should keep abreast of what changes which are occurring andfor Board itelections thisonyear will be introducing an option for you anythe impacts may have yourweprocedures.

To see what legislation has you11 can•refer the Queensland Government website tochanged vote electronically via atowebsite.

VOLUME NUMBER 4 • SUMMER 2014 www.legislation.qld.gov.au or go to the QJA website www.qja.com. processout is the simple. to the datepage we will include moretab, detail au The and check Acts Closer and Legislation under the Home here youincan direct access- when to the the very latest version of here the always Journal,gain but in summary election vote is called theyou Acts. will be sent an email. In the email will be a link to a website, at which you can read the bios of the various candidates, and make your The Privacy Act 1988 is an Australian law which regulates the voting choice.

That’s it.circumstances No paperwork, no envelopes, simple and easy. an unintentional set of resulted in the delayed delivery handling of personal information about individuals.

This includes BUT needuse, your correct email address, otherwise weinformation, cannot include thewe spring edition of and the Journal which contained the audited theof collection, storage disclosure of personal financial reports, the declaration, about the and access to and correction of that information.

Signi cantMembership changes you in the system, so Directors please make sure you information have your recommendation to change auditors, and explanations regarding came into effect on 12th March 2014 with the introduction of 13the details up-to-date. recommended constitutional Australian Privacy Principles changes.

(APPs) which replaced the National Thedelayed timetable forand Board elections this is: Privacy Principles Information Privacy Principles which applies it The delivery of the Journal wasyear unfortunate, nevertheless to was organisations, and Australian Government agencies.

Boards view, which supported the Members present, st June 2015 –bydetails published in the 1.the Nominations Open – 1was that to ensure fairness to those Members who did not receive the Winter (June) issue of the Journal.

AsJournal an organisation with less than $3m turnover the QJA is exempt containing the AGM documents in time that the AGM should from the Privacy ActSaturday but the Board has agreed that we should ensure be adjourned until 8th November.

2015Principles.

2.

Nominations Close – with 5pm Friday 7th August our Privacy Policy complies the Australian Privacy While the delay was unintentional the Board must ensure it complies Director Court been reviewing 2015 our Privacy Policy has BRon allot openshas – and 1st September Profiles of and Nominees with3. its obligations duties under the– Constitution and the recommended a few minor technical adjustments to our Policies published inand the Spring (September) the Journal along Corporations committed actingissue withoffairness, and ProceduresAct, to align is with the new to requirements.

The key openness aspect withisour Members.

Despite the instructions.

AGM being adjourned, with electronic and paperofballot ofand the integrity Privacy Act protection yourvoting information.

The QJA will the Members whoyour attended following the State Conference had the never sell or pass details on to thany external third party, the 2015 4. Ballot to closes - questions 5pm Friday 16 October opportunity raiseDepartment of and the rest of the Board exception being the of myself the Attorney-General, Justices regarding the motions that were to be presented.

The adjourned of the5.Peace Branch.

The Justices of the Peace and Commissioners Results announced at the AGM (held at the State Conference) on was heldAct on 1991 Saturday 8th as and the forAGM Declarations requires all scheduled JPs and C.Decs to minutes keep the from JP 2015 7th November both meetings later in of thisany Journal.

I would like to thank all those Branch Registrarare informed changes to contact details: Members who took the time to Day attendevents, the AGM’s and again apologise The International Women’s Branch meetings, State for the inconvenience.

22 Conference, Registrar to Pre-appointment be notied of change to registered courses, and localparticulars Workshops are (1)One A person who an appointed justice the peace or an outcome theisAGM theout overriding support for holding advertised onfrom our website sowas check the of times and venues and I appointed commissioner declarations is tothis notify the the the AGM at the same time as theforconference.

With in mind encourage you to attend.

By attending local Branch events you keep registrar of any changetotopush the person’s or Caboolture Branch has agreed back the name State Conference date up-to-date on legislative and procedural changes that affect how you stated the AGM registeronwithin 30 days so that contact we maydetails again as hold the in 2015 the same day of as the deliver your service, you can enjoy the networking opportunities with the change and provide any reasonable proof the registrar conference. may require thefollowing change.

Members andofthat find out more about QJA resources andour services Ifellow am pleased to note an extensive review of lease available to you as a Member. options relating to the occupancy of QJA House at Woolloongabba Toa aid this process theonQJA passground on to floor JP Branch updated newinthree year lease the will current has been signed contact details when a Member advises us that changes have occurred After over 7 years’ meritorious service to the QJA Board it isRead with securing our premises for the future. My thanks to Director Dave to who postal address, phone numbers orinvestigations emailof(no other information sadness that I the accepted the resignation Senior Vice President conducted negotiations and on our behalf. is passed on). If you wantofyour details passed on toa Justice the JP of Ray Burrows fromdo thenot Board the QJA. Ray has Board been After over 14note years service to the QJA it is with Branch please thismeritorious in your update correspondence. the Peace 1979 and a QJA his appointment sadness thatsince I accepted thebecame resignation ofMember DirectoratBob Pilkington.

Bob has decided to focus on other pursuits and has therefore resigned in 1979.

Ray has served the QJA Board since 2007, was the QJA Your regional Directors have been very active over the past few from the QJA Board and alltorelated positions effective immediately.

It Journal editor from 2007 2009, and was President in 2009 months supporting their local Branches withelected new Contact Groups a very difficult moment Bob as it in brings to an end in was the obviously Bundaberg region, potential newfor Branches North, serving two terms.

Ray has been the lead Director intheestablishing over 14 years involvement with QJA Board. See theLogan, article on Bob successful workshops hosted bythe Rockhampton andwe with the accredited pre-appointment training program use today and later in this Journal. other Branches organising additional workshops, and a greater focus without his diligent efforts we would not have achieved the successful on growth and delivery of services to you, our Members and the program we currently offer our Students. A tribute article for Ray is broader community so stay tuned.

Till next time. featured on page 5.

Till next time, Till next time,

Keith Revell--President President Keith Revell

Keith Revell - President Serving Queensland’s Honorary Justices since 1918 Serving Queensland’s Honorary Justices since 1918

3 3

News in Brief Meeting with Chief Justice

In early February, QJA representatives held a meeting with the QJA Patron, Chief Justice, Hon. Tim Carmody. Pictured at the gathering are QJA President, Keith Revell, His Honour Chief Justice Carmody, QJA Director Ray Young, QJA Registrar Wendy La Macchia and recently resigned QJA Senior Vice President Ray Burrows.

It was a very successful meeting with the Chief Justice commending the work done by QJA with honorary justices across Queensland. He was supportive of QJA’s approach to the 5-year renewal process and QJA’s suggestions about changing the application process (which puts the MP at the front rather than at the end of the application process). He indicated he would like to participate in any discussions QJA had with the new Attorney-General and JP Branch to add his support to QJA ideas.

The Chief Justice agreed to write an introduction for International Women’s Day events and to update the foreward to the QJA Guide.

The revised foreward will be used for Edition Three (which will have to printed in the near future as supplies are running short).

QJA Grapevine The QJA State Office Newsletter is now called QJA Grapevine and since the name change in mid-2014, three editions have been provided to Branches and Contact Groups for distribution to members. Grapevine is an electronic communication authored by State Office staff and emailed directly to Branch/ Group Secretaries.

The most recent issue was published in February 2015 and its content provided the perspective of Office staff on the following matters: • Implementing the QJA Vision and Mission • New office software • New communication strategies • New merchandise • International Women’s Day , and • Head Office staff team roles If you did not receive this or previous issues, your local Branch/ Group secretary may not have your email address. To rectify this, please go to the back page of this Journal and communicate with your locality’s contact person.

4

Serving Queensland’s Honorary Justices since 1918

JP Branch Communications

Since the last Journal, there have been two issues of the Justice Department’s JP Branch electronic newsletter – JP Bulletin. The December 2014 communication contained: • 5 minutes with Public Guardian, Kevin Martin • A-G’s Christmas message • JP Advisory Council update • Alerts and Information (JP Mobile App) • Photos of children – statutory declarations • Community Engagement (PD workshops, Mentoring program, JPs in the Community program etc) • Jim Meakins (Caloundra) - Under the Magnifying Glass • Long Service Awards The items within the February 2015 issue were: • Alerts and Information (Facts, Figures and Data Collection; JP Mobile App) • Client Services (explanation of functions) • Professional Development (workshop topics) • JPs in the Community Program (mentoring, signing sites & news) • When does a Search Warrant End? • Production Notices (Magistrate only authorised – not JP) • Paula Penfold - Under the Magnifying Glass • Long Service Awards These bulletins contain information you may find important in the performance of your JP/C.Dec duties. If you did not receive them, the JP Branch may not have a record of your current email address. To rectify this, go to the following webpage: http://www.qld.gov.au/law/legalmediation-and-justice-of-the-peace/jp-and-cdec-information/updateyour-jp-or-cdec-details/ (or advise QJA who will pass the information onto JAG).

QJA / Freemasons alliance proposal

The QJA Board is considering a limited advertising alliance with the United Grand Freemason Lodge of Queensland (subject to Lodge approval). The scope of the proposed reciprocal agreement is that each organisation allow the other to advertise its products and services in their respective magazine/journal without financial consideration.

The benefit for the QJA would be that we would have an avenue to promote the advantages of QJA membership to all freemasons in Queensland (approximately 10,000 - many of whom are honorary justices).

For the Grand Lodge, the advantage would be the opportunity to promote the benefits of freemasonary to all QJA members.

Message from QCAT President

In December 2014, the QCAT President sent the following message of appreciation to those JPs involved in the ongoing QCAT trial.

“As our working year draws to a close, it is my pleasure to wish all staff, members, adjudicators and Justices of the Peace (JPs) a safe and happy Christmas break. It is also a great opportunity to thank all of you for your work in 2014.

VOLUME 12 • NUMBER 1 • AUTUMN 2015 The QCAT Annual Report 2013-14 was recently tabled by the Attorney-General and outlined great results including: • 106 per cent overall clearance rate • ongoing delivery of the QCAT JP Trial with over 5,000 matters heard to date • a 72 per cent client satisfaction rating and a 73 per cent stakeholder satisfaction rating • assistance in the protection of 10,000 vulnerable adults • maintenance of a complaint rate of 0.8 per cent • strong relationships with Magistrates Courts throughout Queensland.

The tribunal received almost 30,000 applications in 2013-14 and we have achieved our vision of actively resolving these disputes in a way that is independent, efficient, expert, accessible and flexible.

As well as our outstanding results, we can all be proud of the culture that QCAT has created. We achieve these results together in an always busy, and sometimes challenging, environment. They are the result of skill, innovation and sheer hard work.

We have a big year ahead. It is likely we will know more about the outcomes of the QCAT Review, and there will be a State Government election. Most importantly, over 60,000 people will come to us to make a decision or to resolve a dispute. These people are the centre of what we do. It is on behalf of these members of the community that we commit ourselves to exceptional service, considered decisions and fair and just outcomes.

Thank you everyone for the contribution you make to QCAT and to the Queensland community.

Regards Justice David Thomas QCAT President”

WA considering 5 year terms The Western Australia government is considering a change to the appointment of Justices of the Peace (JPs) so they are appointed for a renewable term of five years subject to demonstrating their availability to the community and undertaking training prior to renewal.

The WA Attorney-General recently sought the advice of the Royal Association of Justices of Western Australia (RAJWA – the Western Australian equivalent of QJA) on this issue before proceeding to introduce the necessary legislative changes.

In its recently-completed first term of office, the former Queensland LNP government had also flagged its intent to consider the introduction of renewable terms for Queensland JPs. QJA had indicated its support for such a proposal. The policy of the recently elected minority Palaszczuk Government on this matter is unknown but QJA will raise the matter with the new Attorney-General.

Yvette D’Ath appointed Queensland Attorney-General On 16 February 2015, the Member for Redcliffe, Hon Yvette D’Ath MP was appointed the new Attorney-General of Queensland (as well as Minister for Justice and Minister for Training and Skills). As such, she is the minister responsible for the Justices of the Peace and Commissioners for Declaration Act 1991 and associated legislation.

After first completing a Graduate Diploma in Legal Practice from the Australian National

University, Ms D’Ath graduated from the Queensland University of Technology with a Bachelor of Laws.

Then followed a working career in clerical and hospitality positions before appointment as an associate to the Queensland Industrial Relations Commission (1992-1994) and senior industrial advocate to the AWU. From 2007 to 2013, she was the Federal House of Representatives Member for Petrie.

As indicated above, the new Attorney-General has a strong background in the law and industrial relations matters and is an experienced member of parliament. The QJA congratulates Ms D’Ath on her appointment. As soon as it is appropriate, representatives of the QJA will seek a meeting to discuss matters of mutual interest.

QJA Office – Holiday closure The QJA State Office will be closed for the Easter holiday break (Good Friday 3 April to Easter Monday 6 April). On all other weekdays (Monday-Friday), the office is open for business 8:30am – 4:30pm.

RAY BURROWS TRIBUTE Sadly, our good friend Ray Burrows has tendered his resignation as a director on the QJA Board.

Ray has decided to devote more time to his dear wife Beverley, his daughters and grandchildren and his Riley (Ray is a motoring enthusiast and spends many hours restoring his beloved Riley classic motorcar). He intends to remain as an active QJA member with the Redlands Branch and will continue performing his JP duties.

Ray was born in Southport on the Gold Coast and is married to his wife Beverley and has two married daughters and one grandson.

He has been a Justice of the Peace since 1979 and upgraded to JP (Qual) in 1991. A QJA Member since his appointment in 1979, Ray has been Secretary of the QJA Redland City branch since 2005. He has served on the QJA Board since 2007, being elected President (2009 to 2013) and Senior Vice President (2013 to 2015). He was the QJA Journal editor from 2007 to 2009 and co-ordinated QJA State Conferences at Redlands in both 2009 and 2014. Ray was also President of the Australasian Council of Justices Associations in 2013-14.

He regularly volunteers as a JP at Capalaba Central Shopping Centre and Cleveland Magistrates Court JP signing centres. Ray holds postgraduate qualifications in educational administration and has a Bachelor of Education, as well as qualifications in electrical engineering and electrical fitting (automotive). He holds a Cert IV in Training and Assessment (TAE40101), which enables him to teach in Registered Training Organisations, such as QJA. During his working life, Ray spent 15 years in the automotive/ transport industries and then 32 years in TAFE and was consistently promoted throughout his career to finally become a Faculty Associate Director. He was involved in Curriculum Development at State and National levels in areas such as automotive, engineering, transport and maritime. Just prior to retiring from work, Ray was the Registrar of Yeronga TAFE responsible for all training matters.

His key achievements as President included overseeing QJA’s RTO compliance, training of JPs, increasing the branch network and liaising with the Department of Justice.

The Board of Directors extends its sincere appreciation to Ray for his devoted service to the members of QJA and thanks him especially for the many voluntary hours of dedicated work he applied to resolving Board-related matters.

Farewell from your Board colleagues, Ray – we will miss you!

Serving Queensland’s Honorary Justices since 1918

5

INTRODUCING: NEW DIRECTOR, CARMELO PASQUALE A candidate for a Director position at the 2013 Board elections, Carmelo Pasquale attracted strong membership support and only just failed to secure enough votes to be elected. Following the recent resignation of Bob Pilkington, the Board was pleased to appoint Carmelo to fill that casual vacancy.

Central Mackay signing centre. I have been coordinating it since and have a great group of volunteers. Our first refresher course was run in 2013 with another planned for May 2015. Our local trainer Susan Richford has also run several JP and C Dec courses since 2013.

So, what do we know about Carmel Pasquale? In an interview with the Journal editor, Carmelo reveals the following insights:

CP: In the past I have managed a Junior Soccer Team, and served as an elected member of the St. Josephs Parish Council North Mackay for 4 and half years. At work I served as a committee member for the social club and done the role of President and Treasurer. I am a regular blood donor and currently 6 donations off 100. I enjoy doing my turn at the signing centre.

Ed: Carmelo, tell us about your origins and where have you lived?

CP: I was born in Home Hill to Joe and Angie. My father had come from Sicily to cut sugar cane and return home but met my mum Angie and made a new life in Australia. In 1968 my family moved onto a cane farm in Millaroo. In 1971, I returned to Home Hill to complete my secondary education at Home Hill State High School.

Ed: What sort of things were of interest to you as you were growing up?

CP: During my secondary years and completing my apprenticeship I spent all my weekends and holidays working on the farm in Millaroo.

At the age of seven I started to learn the piano accordion and went on to achieve the highest result at the 1975 Townsville Juvenile Eisteddfod. Occasionally I still enjoy playing the piano accordion.

Ed: What was your fist job away from the farm and what sort of work have you done?

CP: In 1976 I commenced an electrical apprenticeship with Arthur Howie and Company (later becoming Howies Electrical Contracting). In 1983 I took a new job with NORQEB in Home Hill.

I left NORQEB and returned to farming for a short period in 1990. It wasn’t for me and I was able to get back into the Electricity Supply Industry.

I moved to Moranbah to take a position with MEB and in 1994 I was successful in becoming the District Manager Proserpine. 1999 saw the combining of 6 Regional Electricity Boards into Ergon Energy.

In the change I was the Acting Area Operations Manager Mackay and in 2000 was made permanent in the role. I now work in a support group developing and continuously improving work practices.

Ed: Did you undertake any further education after high school?

I commenced my studies towards an Associate Diploma in Electrical Engineering with DDIAE in 1983 and completed that in 1989. Later, I continued further studies with USQ and in 2000 was awarded an Advanced Diploma in Business.

Ed: Tell us about your family situation.

CP: In 1983 I married Sue and we have enjoyed nearly 32 years together bringing up our 2 children Nicole and Matthew and we are now starting to do more travelling.

Ed: When did you become a JP and when did you get involved with the QJA Mackay Branch?

CP: July 2000 I became a JP (Qual) and also joined the QJA. I mostly provided JP services at work and home. In 2009, QJA Director Ray Young approached a group of JPs in Mackay to see if there was interest in redeveloping a QJA Branch in Mackay. I was elected to Chair and have remained there since. The group started with about 5 members attending each month to the current group of about 15.

With Ray Young’s assistance, 2013 saw the start of the Canelands

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Serving Queensland’s Honorary Justices since 1918

Ed: What are your interests and involvements away from work and your role as a JP?

Outside work I enjoy family time very much. With the help of Sue, we love to keep our garden looking good. When the chance presents itself I go fishing and occasionally enjoy a game of golf. When I get in the mood I play the piano accordion. I don’t play it as much as I should.

Ed: What motivated you to nominate to become a QJA director?

CP: I put myself forward for a position on the board because I do love a challenge and enjoy being part of a progressive team Over the years of my involvement with the QJA I have seen it growing and providing more education to new and existing JPs and C Decs.

Ed: What would you like to achieve during your time as QJA director?

CP: I would love to see more advertising of what the QJA can do for its members. I know there are many JPs that continue to pay their membership but don’t really know what the QJA is all about. My goal is to ensure all our members understand the QJA and they will encourage other JPs to join.

VOLUME 12 • NUMBER 1 • AUTUMN 2015

QJA CODE OF CONDUCT As a QJA member, each of us is expected to operate within the guidelines provided by the approved Code of Conduct. How many of us keep a copy of this document close at hand? Below, we reproduce the QJA Member Code of Conduct as a reminder of the standards we are expected to follow. Test yourself and see how you go! Does you conduct consistently comply with the Code?

• use any private electronic recording device without first advising the deponent and will respect the person’s wishes to not record the witnessing process if so requested;

QJA Member Code of Conduct

• provide legal advice in their role as an honorary justice.

This code establishes the acceptable standards of conduct for Members of the Queensland Justices Association.

Conduct A member of the QJA must maintain and uphold their oath of office and discharge the duties of an honorary justice pursuant to their solemn undertaking on application for appointment, to the best of their ability.

A member must: • act, and be seen to act, independently, impartially and without prejudice or discrimination; • ensure that they provide high quality JP services to the community and justice system in a courteous and timely manner; • act, and be seen to act with due care, diligence, honesty, integrity and respect at all times when performing their role as an honorary justice; • at all times observe confidentiality unless authorised by law to make disclosure, and they must not share any information which comes to their knowledge; • use a Bible when required to administer a Christian Oath; • give the appropriate warnings as to truth and honesty, when administering oaths, affirmations and solemn declarations; • comply with any Codes of Conduct approved by the Department of Justice and Attorney General.

A member must not: • behave in a manner that brings the QJA into disrepute; • behave in a manner that brings the office of honorary justice into disrepute; • improperly influence or attempt to influence a person while carrying out the duties or powers of an honorary justice (JP services); • use their position or title of honorary justice to gain benefit or be seen to gain benefit or advantage for themselves, another person, organisation or agency; • advertise their position as an honorary justice for the purpose of advancing their business interests or commercial interests; • charge a fee, accept gifts, favours or patronage in return for

performing their duty as an honorary justice;

• purport to exercise powers other than those conferred upon themselves as an honorary justice;

Conflict of Interest If a member has personal, family, financial or business interest, or is a member of a recreational, professional, personal interest organisation or a political party and the interest or membership conflicts with the matter before the member, they must: • disclose the conflict of interest; and • decline to provide the JP service.

• Administer the law as it stands, with no right to decline to act because of personally held views about particular legislation; • separate their functions of office from any interpersonal or political consideration, influence and benefit; • retain their independence and must never regard themselves as a servant of any law enforcement agency.

Competency/Knowledge A member must: • endeavour to maintain a competent knowledge and comply with all laws applicable to carrying out the role as honorary justice and be familiar with and follow instructions and guidelines issued by the Department of Justice in relation to honorary justice services; • undertake and successfully complete any mandatory training and professional development required by the Department of Justice.

Notification A member must: • notify the QJA and the Department of Justice in writing as soon as practicable of any circumstance that disqualifies them from holding office.

• notify the QJA and the Department of Justice in writing within one (1) month of any changes to his or her name, address, contact numbers and email address.

• notify the QJA and the Department of Justice in writing as soon as practicable of any extended period of absence relating to the performance of his or her role as an honorary justice; • notify the QJA and the Department of Justice in writing of his or her resignation from office as an honorary justice.

Serving Queensland’s Honorary Justices since 1918

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ON A LIGHTER NOTE In the 2014 Spring edition of the Journal we introduced the then recently appointed QJA Business Manager and Registrar, Wendy La Macchia who has now been in the job for a little over 6 months.

In that time, Wendy has attended a QJA State Conference, a QJAhosted ACJA meeting and conference, an AGM and an EGM as well as multiple Branch meetings.

Now that Wendy has properly settled into her QJA role, we’ve invited her to write a regular feature column for the Journal and she has agreed - on condition she be allowed to bring her own style to the content. She has observed that the traditional Journal content adequately addresses the professional development needs of members but it is very one dimensional.

Wendy believes the content balance and reader enjoyment would be enhanced by introducing something entirely different - a little bit of real-life humour. The Editor agrees wholeheartedly.

So, to celebrate the 2015 International Women’s Day, we now introduce Wendy’s ‘On a Lighter Note’ – which we will consider making a regular feature. We are sure you will enjoy reading Wendy’s unique reflections on her life and her family.

OK SO I’M NO STEVE IRWIN

I immediately closed every door and window on that side of the house. I told the young one and having inherited Mum’s fear of things natural, he closed a few doors and windows himself and demanded that we call Dad, who happened to be at the polling booth.

So much for being Steve Irwin.

I went to get the camera – for snake identification in case we got bitten and Facebook, in case I could garner 15 minutes of fame as a result. Unfortunately, Mr snakey slithered somewhere so by the time I had phone and camera in hand he’d disappeared. I studied that washing line for a good 20 minutes, no sign of where he went.

After a stiff drink, I collected the laundry basket now half full with yet to be hung up washing, from the yard and hung it up inside, contemplating the merits of using the dryer on a beautiful sunny day.

When the young one was just 5 years old, he fell in love with Steve Irwin, crocodile hunter.

I can’t recall if he was over Spiderman or just between sequels – Spiderman 2 or 3.

We were no longer watching Spiderman 1, 2 or 3 for the 180th time but The Crocodile Hunter every night instead.

Many hours were spent watching Steve in his khakis wrestling crocodiles, chasing kangaroos, eyeing off deadly spiders at close range (and making comments about their beauty) as well as wrestling equally desirable and attractive snakes into sacks.

So my inner Steve Irwin failed me, I couldn’t even finish hanging up the washing, let alone proclaim how attractive the snake was and stuff it in a hessian sack. Now I have a mortal fear of hanging up washing in case some snake drops on me – like the spiders weren’t bad enough. Being a tropical garden, our newly strung washing lines appear to be heaven sent for our local arachnids who are huge.

Hanging up the washing involves a wet laundry item of choice used to swish away a multitude of spider webs - hopefully the spider resident is elsewhere at the time!

The young one had the most fun wrestling a blow up crocodile, imagining he was Steve until he wrestled it so hard it deflated. He still wrestles – more like tackles, a big white teddy bear or a sleeping bag whilst watching footy. Teddy was white once and the sleeping bag is still in-tact. If the real footy players deflate during one of his games like the crocodile, we’re in trouble. It’s his thing.

Magpies love our bird bath in our backyard, which just happens to be right near the washing festoons. I hate magpies. I still haven’t forgiven the magpie that swooped me out of nowhere in 1978 on my way to school. It taunted me for the next few years and I walked an extra 2km each day just to avoid it. It fuelled my fear of flying things that I acquired after watching Hitchcock’s The Birds one Friday night. Now, to add to this, I had snakes. Just as I was getting over my phobia about broken toes.

Sadly Steve passed away. Whilst chasing a string ray he was stung - it might not have appreciated his compliments. Poor Steve, he should have stuck to crocodiles.

I had a Steve Irwin moment - well almost.

I was hanging up washing in our backyard. We used to have a Hills Hoist but it was totalled by a pine tree during a storm bending one quarter of it. It just got too funky to try to hang washing on it.

My intrepid husband used his best naval knotting skills, normally reserved for gifts or stockings to create a backyard full of strung lines. On a good washing day, our backyard is festooned with garlands of washing. Today it was my turn to do the washing.

Today, I discovered I’m no Steve Irwin, just a big chicken.

After the third load of washing garlands was hung up I went to 8

hang up the fourth. For whatever reason, after the twentieth pair of undies and fiftieth pair of socks were hung something caught my eye. There, on the old washing line within arm’s reach, twirled around one corner, was a slender, grey/green yellow-bellied snake.

It had a tiny head and was super model thin. I was mesmerized as it elegantly curled around the line. Then reality and my in born European fear of things natural set in – IT’S A SNAKE!

Serving Queensland’s Honorary Justices since 1918

Along with the snakes and spiders our home is also a highway for the local native rats. In Summer, you can watch the local rat residents using our fence line and shade sails as a highway to rat heaven next door. They never come to our place, they just use us as a transit lounge. They also have a lust for just bought bananas – the more expensive and fresh the better. They don’t consume anything else just the bananas in the fruit bowl, ignore the apples in the same fruit bowl and cereal and dog-food, just nice fresh bananas. These are weird rats, I saw one of them staring at its reflection in our pool one morning - I think it had been eating too many expensive bananas.

Broken toes you say? Picture this, same backyard, 2 merlots, 8pm at night, an eclipse. Wandering down the backyard looking backwards at the eclipse, my good-self tripped over a pile of rocks newly placed by knot expert husband. The result –broken big toe and six weeks to recover. Act of God I say. If it weren’t for the eclipse I wouldn’t have been there.

Great, - broken toes, spiders, rats, magpies and now snakes are contributing to my fear of laundry (and my backyard) naturally drying in the sunny south eastern breeze.

At least there isn’t going to be a sting ray!

Wendy La Macchia

VOLUME 12 • NUMBER 1 • AUTUMN 2015

EGM MINUTES MINUTES – EXTRAORDINARY GENERAL MEETING Monday 26th January 2015, 5:00pm 751 Stanley Street, Woolloongabba The business transacted at the meeting is as follows: 1.

Meeting opened at 5:00pm 2.

Members present, proxies received and apologies a) 10 Members present (as per attendance book) b) 3 Members present via teleconference c) 167 Proxies received d) 4 Apologies recorded 3.

Chairman’s Address: The President opened the meeting and welcomed attendees. Chairman noted that the motion was explained in the Summer edition of the QJA Journal and on the website. The motion is to allow QJA to adopt electronic voting for election of the board. Votes will be available as postal or electronic.

Motion: That Rule 54 of the Constitution of QUEENSLAND JUSTICES ASSOCIATION be amended as follows: 54 (o) The Returning Officer will, where there is any contest for Offices conduct a secret ballot in either of the following ways: i. Secure, A. a locked postal facility, and/or B. a web based voting platform, for the conduct of the ballot, provided that nothing prevents the Returning Officer from conducting the ballot by either means provided by this part or by a combination of postal and ballots web based ballots; ii. within 2 days of the close of nominations prepare ballot papers for each contested office, listing the candidates for election in alphabetical order; iii. prepare voting instructions for Members entitled to vote that provide for the following: A. the method of voting; B. the marking of the ballot paper; and C. the return of the ballot paper and information as to candidates; iv. ensure that Members who are entitled to vote are instructed that completed ballot papers must not disclose the identity of the Member voting and that any ballot paper so marked as to disclose the identity of the Member voting will be discarded and will not be counted in the ballot; v. do all such things as are necessary to ensure the secrecy of the ballot; vi. count the ballot in the presence of scrutineers (if any) appointed by the candidates for election; vii. determine the ballot on a “first past the post” basis; viii. declare the successful candidates elected and report to the chairperson of the Annual General Meeting of the results of the ballot, and the chairperson will declare the candidates elected at the Annual General Meeting, and ix. the Returning Officer will keep Candidates informed as to the progress, and result, of the election.

MOTION CARRIED MEETING CONCLUDED

REASONS FOR REJECTION: TRAFFIC INFRINGEMENT STATUTORY DECLARATIONS What are the most common causes of rejection by the Traffic Camera Office of Traffic Infringement Statutory Declarations? Surprisingly, a high percentage of submitted declarations are rejected each week. The following information comes direct from Queensland Police authorities.

The causes of rejection are: WITNESS • The witness hasn’t signed the declaration • The witness hasn’t dated the declaration correctly • Witness is not authorised • Name, qualification, stamp or number is absent • Conflict of interest – can’t complete as owner / nominated driver and witness DECLARANT • The name and address of the person completing is not inserted in the top section of the document • Hasn’t signed • Business name nominated – needs to be a person and nominate position in business.

NOMINEE • No Name • No Address • No Date of Birth • No Licence number (optional field) • Different Addresses for nominee DOCUMENT • Incorrect format • Information amended and not notated • Corrector/White-Out used • Incorrect Person has completed – neither vehicle owner nor nominated driver • Vehicle Registration is different to that on the front of the notice • Is illegible • Is scanned or a copy – must be original • Is completed in pencil – must be in ink.

To guarantee the Traffic Infringement Statutory Declarations you witness are not amongst those rejected, make sure the documents you sign are free of any of the above errors. It is a good practice to hold a supply of blank Traffic Infringement declaration forms for use where the form submitted to you contains errors that are difficult or messy to correct.

VALE It is with great sadness we acknowledge the passing of the following members: George BARTON North Rockhampton David KINNELL Raceview John O’NEILL Moores Pocket Cecil WEATHERALL Fabian WEBB OAM Gympie Gladys WELLER Toowoomba Lester WYVILL Burleigh Heads Marion YU Ayr Our condolences to family and friends.

Serving Queensland’s Honorary Justices since 1918

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Roll of Honour Members should note that the Roll of Honour recognises the length of Membership of the QJA. Members wishing to receive the official distinguished service certificate as a Justice of the Peace for the State of Queensland should contact their local State Member of Parliament.

The Association wishes to acknowledge the long service given by the following Members.

50 Years QJA Membership John McAuliffe AM

Noel Zangari

40 Years QJA Membership Dennis Bowman

Bernard Carroll

Margaret Hoare

Wolfgang Liessmann

Barrie Richardson

Graeme Moorhouse Stephen Morton

Carol Roberts Peter Smith

Ian Webb

25 Years QJA Membership Vincent Atley Bruce Birtwell

Robert Lawrie Sylvia Lyon

Welcome to New Members The following have joined the QJA since the last Journal: Emily Adams Maria Adams Corey Alsop Marisa Anderson Simone Anderson Nithesh Aranha Robyn Armstrong Nicholas Baker Richelle Baldwin Peter Bennet Edward Bennet Tracey Best Jayne Bestt Jeremy Biggs Justin Bindman Michelle Birchall Matthew Bohn Julia Booth Louise Boyce Lynn Bramham Maria Bran Rhian Breen Beverley Brophy Anthony Burke Helene Burns Nicola Busch Tricia Butler Nathan Campbell Isaac Carmichael Michelle Carson John Cassimatis Rita Yin-Chun Chen Jessica Chesney Cindy Chou Brian Christensen Kristopher Cobbin Bernadette Colee Dianne Colls Levina Conder Hannah Connors Kim Cook

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Natasha Cook Justin Cooke Samantha Cooper Julie Cox Sarah Creek Simina Creta Sandra Cronin Laura Cumming Vahid Daneshjou Thomas Davies Benjamin Dean Maree Deane Heidi Delahunty Anand Deo Dale Devine Javin Dias Lucia Dionysius Kerry Dollard Jennifer Dovaston Aaron Dunster Simon Edwards Belinda Elder Karen Elliot-Smith Ewan Farquharson Nadine Fitzgerald Kylie Fitzsimmons James Flinn Debra Fullerton James Gardiner Scott Gilbert Ben Gilliam Dianne Goddard Jason Gould Rachael Graham Leanne Graham Daniel Graham Tania Greenstreet Kia Groat Kirsten Hanson Michael Harris Kristian Harris

Serving Queensland’s Honorary Justices since 1918

Lenard Herron Jessica Higgins Leonie Hills Christopher Hodder Daniel Horrobin Michelle Hudson Katie Hughes Gregory Hunter Sally-Anne Irvine Kerry Jack Charlene Jackson Jodi Jakubenko Daniel Jayaraj Kevin Jenkins Domenica Jensen Byron Jones Ashley Jones Hyunjeong Joo Harin Karra Jonathon Keenan Stefannie Kehl Robert Kelly Leanne Kendall Amanda Kennewell Jacqueline Kesner Terence Kingston Christine Knight Mary-Anne Knights Lorraine Kopp Patrick Krauklis Anoma Kumarasinghe Ngaire Kupe Tony Lahtinen Belinda Lai-Moses James Lake Chloe Lam Dianne Lane Pamela Laver Peter Lee Elizabeth Lewis Pamela L’Huilllier

Chen-Ya (Zoe) Liao Karl Linehan Concetta MacGregor Anita Marshall Duncan Martin Sophia Martini Mario Mazza David McCahon Jennifer McCahon Emma McMaster Vishhal Mehta Rhonda Mellor Russell Miles Rohan Milne Kathryn Mogg Mark Moller Madeleine Morgan Adam Mossman Virginia Munteanu Robbie Nicholls Izabella Nickerson Kenneth Noble James Northfield Roxanne Norup Richard Noyes Geoffrey O’Brien Mark O’Brien Megan O’Donnell Katrina O’Hara Natalie Ong Sally Ottaway Ilangage Palipana Christopher Parsons Samantha Pearce Jaana Peterson Dane Pidgeon Jodie Porter Michaela Powell Random Pratt Christopher Puccini Graeme Quilter

Kylie Raiti Rebecca Raw Evelyn Riddle Bridget Roberts Nicholas Rodgers Helen Roeder Michelle Rowland Hellen Ryan Bo Ryan Helen Sanderson Eva Sangari David Scales Janet Scott Amanda Semple Elmedina Serifovic Julie Seyner David Smith David Smith Mercybahen Solanki Peter Spencer Tania Stanaway Brooke Steele Dalvir Summan Glenn Sweeny Helen Taylor David Taylor Mark Timmins Paul Tunney Jarrod Turner Madonna Vernieu Cheryl Vigliante Linda Wade Alexa Waldau Amanda Wall Selina Walther David Williams Alvin Wong Benjamin Worrall Chun-Shun Yang Kathleen Yeoman Courtney Young

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VOLUME 12 • NUMBER 1 • AUTUMN 2015

Q&A Q1: I am sometimes approached by Police Officers to authorise Search Warrants so they can search the premises of known or suspected criminals and I am happy to oblige – provided the Application demonstrates the issue of a Warrant is justified. I am told a Magistrate needs to approve the search to include electronic devices like mobile phones and computers. However Magistrates are busy people and not always available when Police need to make a search.

I am committed to the concept that my role as a JP is to support the Justice Administration system – not to hinder it. When the content of the Warrant application proves to me an electronic search is fully justified, would I be right in assisting the Police by authorising it?

A1: Your question raises a couple of important issues. Section 154 of the Police Powers and Responsibilities Act 2000 authorises only Magistrates and Judges to issue a Warrant for the search of electronically stored information. JPs are not authorised to approve a search to include such items. If you were to sign such a warrant, you would be breaching your authority (and the provisions of the Police Powers and Responsibilities Act).

In fact, you would not be assisting the Police by signing such a document. Any search undertaken on the basis of a Warrant where the issuer has exceeded their legislative authority will be found by the Courts to be invalid and any evidence obtained would be ruled inadmissible. You should certainly not sign such a Warrant.

You may have a personal view that JPs should be able to authorise a search for electronically stored information.

However, as indicated above, the legislation does not allow this. Regardless of your personal beliefs about what JPs should or should not be authorised to do, you are bound by your oath of office (and the QJA Code of Conduct – see p.7) to perform only acts that are allowed by legislation. As a JP, you are expected to be independent and impartial in the performance of your duties. You should never allow your personal beliefs to influence whether you sign (or refuse to sign) a document. The QJA Code of Conduct emphasises this obligation.

Q2: I volunteer in a JP signing centre and have noticed a significant volume of traffic infringement Statutory Declarations submitted by car dealers whose sold vehicles have been involved in committing a traffic offence after the sale date (but before the transfer of ownership has been processed through the Transport Department systems).

I find the witnessing of these documents both frustrating and time-wasting. Surely a JP’s role is more important than processing papers to compensate for an inept administrative system. I am inclined to refuse to witness these documents.

Am I entitled to do this?

A2: Without doubt, there may be many inefficient and ineffective administrative systems that produce what we might regard as unnecessary paperwork. However, it is not our role as JP to allow this to influence whether or not we sign a document.

We have a right to decline to sign a document only where we believe it is illegal, incorrect or improper. The fact we disagree personally with the practice or policy that generated the document is not grounds for us to decline to sign it.

In the case you outline, the registered owner of the vehicle at the time of the infringement (the car dealer) has been forwarded the infringement notice. The statutory declaration on the reverse side of the notice allows the recipient to declare the person/entity to whom ownership was transferred. This is a valid process and there is no reason to decline to witness the declaration.

You have suggested you may be seeing large numbers of these documents. It is important that all clients get a fair go. Where an excessive number of documents is submitted by one client, it is reasonable for a JP to apply judgement to the manner and sequence of dealing with those documents (to ensure other customers are not adversely affected). However this does not mean you are entitled to refuse to sign the documents altogether.

Q3: Please remind me of the correct way to certify a copy of an original document?

A3: Much of the following description is taken straight from the Justice Department’s JP Handbook: You should take care when certifying copies of documents and follow a set procedure.

Step 1. Ensure you have the original from which the copy was made. The original document must be supplied so that you can certify that the copy is an exact copy of the original.

Step 2. Check that the copy is accurate and that no alterations have been made. This can be time-consuming, particularly when the document is in a foreign language or of a technical nature.

Step 3. Endorse the copy in the following fashion: This is to certify that this is a true copy of the original, which I have sighted Date Signature Title (Stamps with this wording may be purchased from QJA.) Step 4. Multiple-page documents. If the original has multiple pages, each page must be certified as correct.

Some documents, however, are many pages in length and it would not be possible to certify each page. In such cases, you must sign or initial each page and amend the certification on the last page to read: This is to certify that this [number of pages]–page document (each page of which I have numbered and signed) is a true copy of the original [number of pages]-page document that I have sighted.

Date Signature Title Each page should be numbered (1 of 40, 2 of 40 etc).

Copies of EPAs and AHDs Section 45 of the Powers of Attorney Act 1998 prescribes a specific process for certifying copies of Enduring Powers of Attorney and Advance Health Directives. Each and every page of the whole document must be certified: • each page of the document except the last page must be certified as a true and complete copy of the corresponding page of the original, and • the last page must show certification that the document is a true and complete copy of the original.

Use of Seal in certified copies As indicated above, the use of a seal on a certified copy is not part of the prescribed process. However, the widespread use of self-inking stamps combining the certification statement with a seal means many receiving organisations now expect the seal on certified copies. For this reason it is recommended that you add your seal and number to your certification statement.

Serving Queensland’s Honorary Justices since 1918

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GUIDELINES FOR WITNESSING ENDURING DOCUMENTS The following guidelines are extracted from a document published by the former Adult Guardian (now Public Guardian) with some abbreviations and minor omissions: Key Points Witnesses must satisfy themselves that the principal understands the nature and effect of: • the document they are signing • the delegation of their decision making powers and • directions given about future health care.

When taking instructions, witnesses should: • ask open-ended questions • take notes detailing their interview with the principal • refer the principal to a health care professional if you have doubts about their capacity to understand the document.

Do not witness an enduring document if you have concerns that: • the principal lacks capacity to understand what they are signing or • the principal is being unduly influenced by another person to sign the document.

Purpose of these guidelines In an Enduring Power of Attorney (EPA), a person (‘the principal’) delegates to another person the power to make personal and/or financial decisions on his/her behalf. By an Advanced Health Directive (AHD), the principal may give directions about health matters and special health matters, for his or her future health care. Assessing the principal’s capacity to understand the nature and likely effects of delegating powers and giving future directions is one of the most important things that a Lawyer, Justice of the Peace or Commissioner for Declarations, as a witness to a document, can do.

However an assessment of capacity, by a witness, can be difficult.

At times it may give rise to significant personal and professional pressure because the choices made in these circumstances may have to be defended in the future. A witness to the execution of an enduring document has statutory duty to certify that the principal appeared to have the capacity necessary to make the document (Section 44(4) Powers of Attorney Act 1998).

Failing to perform this duty competently could have serious ramifications, not only to you, as the witness, but for the principal.

These guidelines will help you to carry out this important statutory duty by: • highlighting the indicators that may suggest you need to carefully consider a person’s capacity, • providing a framework within which to consider the person’s capacity, and • assisting you to determine if you need to refer the person to more specialised assessment.

These guidelines are not meant to be a substitute for a proper or more rigorous assessment of a person’s capacity (where that is justified).

Statutory Definition The Powers of Attorney Act 1998 [Schedule 3] defines ‘capacity’ for an adult for a matter, as meaning the person is capable of – a) understanding the nature and effect of decisions about the matter; and b) freely and voluntarily making decisions about the matter; and c) communicating the decisions in some way.

Section 41 of the Powers of Attorney Act 1998 addresses a principal’s capacity to make an EPA. Section 41 states:

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Serving Queensland’s Honorary Justices since 1918

1) A principal may make an Enduring Power of Attorney only if the principal understands the nature and effect of the Enduring Power of Attorney.

2) Understanding the nature and effect of the Enduring Power of Attorney includes understanding the following matters: a) the principal may, in the Power of Attorney, specify or limit the power to be given to an attorney and instruct an attorney about the exercise of the power; b) when the power begins; c) once the power for a matter begins, the attorney has the power to make, and will have full control over, the matter subject to terms or information about exercising the power included in the Power of Attorney; d) the principal may revoke the Enduring Power of Attorney at any time the principal is capable of making an enduring power of attorney giving the same power; e) the power the principal has given continues even if the principal becomes a person who has impaired capacity; f) at any time the principal is not capable of revoking the Enduring Power of Attorney, the principal is unable to effectively oversee the use of the power.

It should be noted by witnesses that section 47(1) requires the same requisite capacity to revoke an EPA as is required to make an EPA. Section 42 of the Powers of Attorney Act 1998 addresses a principal’s capacity to make an AHD. Section 42 states: 1) A principal may make an advance health directive, to the extent it does not give power of attorney, only if the principal understands the following matters – a) the nature and likely effects of each direction in the advance health directive; b) a direction operates only while the principal has impaired capacity for the matter covered by the direction; c) the principal may revoke a direction at any time the principal has capacity for the matter covered by the direction; d) at any time the principal is not capable of revoking a direction, the principal is unable to effectively oversee the implementation of the direction.

Suggest process (to satisfy yourself of the principal’s capacity to understand the document) Initial contact As a witness of an enduring document, be aware that, from the first contact with the principal, you will be able to gather information that is relevant to the principal’s capacity to understand the document.

Where you know or reasonably consider that the person has a diagnosed condition that may effect his/her decision-making capacity (such as intellectual or psychiatric disability, acquired brain injury or dementia), take extra care in witnessing the document, or seek a medical opinion verifying the person’s capacity.

It is recommended that you meet with the principal alone. This is an opportunity to develop rapport with the principal and to establish the context within which the principal has decided to make the enduring document (for instance, the death of a partner or a serious illness). It is also an opportunity to determine if the person is being influenced into making the enduring document.

During this initial contact, it is reasonable to discuss background, family, health problems or related issues (such as medication that may affect cognitive function, and, in the case of an EPA, the principal’s broad financial circumstances including assets, source of income, 10 15

VOLUME 12 • NUMBER 1 • AUTUMN 2015 payment of household and other accounts).

If you are concerned about the principal’s cognitive ability, refer the principal to a health care professional to obtain an assessment of their capacity to understand the nature and effect of the enduring document they wish to make. A witness should not rely solely on such a medical report, and must ask additional questions to satisfy themselves of the principal’s capacity. You should never witness an enduring document if you doubt the principal’s capacity to understand the document.

Indicators of impaired capacity When you meet the principal, you may see a range of behaviours that indicate impaired capacity. Some early symptoms, particularly in the area of dementia, may mean the person is: • more forgetful of recent events • more likely to repeat themselves • less able to grasp new ideas • more anxious about having to make decisions • more irritable or upset if they cannot manage a task • easily influenced by others about decision making • less concerned with activities of other people • less able to adapt to change • often losing things or getting lost • undergoing change in behaviour, and/or • experiencing a change in personality People with an intellectual or psychiatric disability may respond differently, and require further questioning to assess their ability to understand an enduring document.

Interview process Your role as a witness in the making of an enduring document is an essential safeguard for people with impaired capacity. An interview is your primary tool in assessing if the principal has the capacity to understand the document.

Always seek an opportunity to meet the principal alone. Record the questions you ask and the principal’s responses.

Preferably, ask the principal to read the enduring document before you attempt to explain it. The document contains a detailed introductory explanation. For vision-impaired people, consider reading the explanatory part of the document first.

When interviewing a principal intending to make an Enduring Power of Attorney, keep your questions ‘open ended’, not closed.

For example, this question requires a yes/no response, which may be inadequate to determine capacity: You understand what an Enduring Power of Attorney is, don’t you?

These questions allow more expansive responses: • What is an Enduring Power of Attorney?

• Why do you want an Enduring Power of Attorney?

• What sort of decisions will your attorney be making?

• Can you limit the attorney’s powers if you want to?

• Are you able to give specific instructions to you attorney about decisions to be made?

• What is the extent of the assets over which the attorney will have control?

• How many attorneys can you have?

• Why have you selected this person to be your attorney?

• If you have more than one attorney, who will make decisions concerning you or your finances?

• When will the attorney’s power for financial matters begin?

• When will the power for personal matters begin?

• How long does the attorney’s power last?

• Can you change or revoke the EPA? • Is there anything else that will end the attorney’s power?

• What would you do if you didn’t agree with the attorney’s

decision?

If the principal cannot answer questions such as these, explain the correct responses, then ask the questions again later in the conversation. For example: Do you recall that I explained what an Enduring Power of Attorney is? Could you tell me what that explanation was?

When you explain a financial EPA, cover the following: • the principal is appointing somebody to act on their behalf • the attorney will be able to assume authority to the extent indicated over the principal’s financial affairs (such as selling his/her house) • etc. (the original document contains additional points) When you explain a personal EPA, cover the following: • the attorney’s power starts only after the principal has lost capacity for decision making • the attorney will be able to assume authority to the extent indicated over the principal’s personal affairs (such as health care, where the adult lives and with whom, and day-to-day issues) • etc. (the original document contains additional points) When interviewing a principal intending to make an AHD, you should ask questions such as: • Has your doctor explained any medical terms or other words that you are unclear about? (identify a medical term in the document and ask the principal what it means) • Have you discussed your decisions with family members or close friends? If so, what did they say?

• etc. (the original document contains additional points) When you explain an AHD, cover the following matters: • the principal may make an AHD to the extent it does not give power to an attorney • a direction operates only while the principal has impaired capacity for the matter covered in the direction • etc. (the original document contains additional points) Where a principal is making an AHD, it is strongly recommended they discuss it with their general practitioner or specialist medical practitioner who knows their medical history and views.

If the principal has problems answering the questions after you have explained, it is advisable you suggest a professional opinion be sought about the principal’s capacity to make an enduring document. This could be obtained from an appropriately qualified medical practitioner or another professional with expertise in cognitive assessment, e.g. neuropsychologist.

A medical assessment gives you additional information about the principal’s capacity to understand the document. However, the decision about whether the principal has capacity to execute the enduring document remains with you, as the witness.

Be cautious if you observe behaviour or have interactions with the principal that are inconsistent with the information contained in the medical assessment.

Note taking: When assessing capacity to understand an enduring document, be prepared for any challenges to your assessment of the principal. It is good practice to make a written record of all the steps you have taken in assessing capacity (including all questions and answers).

Also record other witnesses’ opinions about the principal’s capacity or lack of capacity to understand an enduring document. It is important to record basic interview information such as the date, time of the interview, who was present, the length of the interview and the location.

Concerns: If you suspect exploitation or duress, contact the Public Guardian to discuss your concerns.

Serving Queensland’s Honorary Justices since 1918

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REGIONAL ROUNDUP Bundaberg

Enthusiastic QJA Vice President, Brother David Read had the foresight to assist the Bundaberg community to establish a signing facility in the local Masonic Lodge area. It is open Saturday mornings from 9:00am to 11:00am. This is the first time that a Masonic Lodge has been approached and the Bundaberg Masonic Board of Trustees granted permission for QJA to use their site (61 Bourbong Street) for a signing facility. Working hand-in-hand serving the community is something both organisations do extremely well.

Special thanks to the Wor Master and members of Sir Augustus Lodge No.154 for their enthusiastic support and input towards this endeavour.

Raymond Young OAM

Present at the official opening were (L to R): Bro. David Read (Sir Augustus Lodge and QJA Vice President); RW Bro. John Dexter (AGSWks.District 36); Mrs Diane Bush (QJA member on duty); Wor. Bro. Raymond Young OAM (Douglas Lodge Rockhampton and QJA Director).

Brisbane North

50 years recognised.

At the February 2015 Branch Meeting, the achievement by Branch member Rob Gurney in clocking up 50 years of QJA membership was recognised with a Branch presentation.

Chairman Stewart Purdie is pictured making the presentation to Rob.

Ipswich

To recognise and honour the significant long-term contributions to the QJA at all levels by Bob Pilkington, the February 2015 Ipswich Branch meeting featured dual presentations – on behalf of the Branch by Robyn Robertson (a fellow long-term Branch member) and on behalf of the Board by QJA President, Keith Revell. Bob’s strong involvement with both Board and Branch has generated benefits for all aspects of QJA’s operations.

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Serving Queensland’s Honorary Justices since 1918

Gold Coast

On Friday 5 December 2014, a group of sixteen JPs from Runaway Bay and Australia Fair, together with partners & friends, met for a Christmas Lunch at the Dublin Docks Tavern at Harbour Town on the Gold Coast.

QJA Registrar Wendy La Macchia attended the lunch and presented Appreciation Certificates. Thank you Wendy for joining us, making time, during this busy period of the year. We all appreciate being able to get to know Wendy in person and hope she enjoyed the day.

Lyn Brown, Gold Coast Branch

In February 2015, members of the QJA Gold Coast Branch were fortunate enough to attend a workshop hosted by QJA State Office, at the Gold Coast. The interesting topics covered a diverse range of subjects from ‘Who’s who in the Zoo’ to statistics on JP numbers in the community.

From my perspective, it was interesting to put faces to names: Keith Revell – President, Wendy La Macchia – Business Manager and Registrar, Ray Burrows – Senior Vice President and Marian Vierveyzer – Director. The afternoon was chaired by Ray Burrows who attempted to ‘catch us out’ with his quiz on traffic infringement notice witnessing.

Keith Revell gave a very detailed presentation. He spoke of the different roles applicable to JAG as distinct from QJA. JAG provides procedural aspects, regulation and management and basic knowledge, including the correct format for documents.

QJA provides a more practical approach, hands-on experience, ‘how to’ guides, after hours support, local resources and knowledge and many checklists and guides that are downloadable from the QJA website. He discussed the future role of JPs in Queensland, adding that our role was critical to the whole judicial process.

Membership of the QJA was a focal point also. The provision of our quarterly QJA Journal was discussed and the potential to receive this in an on-line version in the future. The money saved could be used to provide additional services to current members, Everyone who attended the workshop commented on the professionalism and content of the presentation. It made us all feel proud to belong to an association whose vision is to ‘Be the pre-eminent organisation for Queensland Honorary Justices’.

Helen Morrow. Branch Treasurer 10 15

VOLUME 12 • NUMBER 1 • AUTUMN 2015

Kingaroy

QJA Kingaroy Branch members at the 2014 Xmas function.

Pictured (L to R) are Ruth Rimes (Secretary), Martin Harmsworth, Mike England, Pauline Wakely, Rebecca Garlick, Debbie-Lee Jackson, Marian Petersen (Chairperson), Lowrian Redsell (Treasurer).

Mackay

QJA Mackay Branch members and partners attended the 2014 Christmas function at Sorbello’s Italian Restaurant:

Standing (L to R) Bill Goodchild, Raymond Young OAM [QJA Director], Alan Crouc, Sue Pasquale, Brett & Hayley Fratus, Terry & Tracey Case, Maria Valena. Seated (L to R): Lisa Chapman, Carmel Crouch, Barbara & Devin Flo, Carmelo Pasquale [Branch Chairman & QJA Director], Mario & Alice Colnar, Susan Richford, Laura Jorgesen

Maroochydore

QJA Maroochydore Branch is proudly hosting a Refresher Course for appointed JP (Qual)s and C.Decs across South East Queensland. Details are listed below. Morning tea, lunch, afternoon tea and refreshments will be provided. To register (or request a registration form), please contact Secretary Angela at the email address below. Registrations need to be received by July 3rd. Pay by May 1st to get the Early Bird discount.

• Refresher Course - Millwell Road Community Centre • When - 18th July 2015, 9am – 4pm • Early Bird (1st May) - Members $25; Non-members $30 • Cost after 1st May – Members $30, Non-members $35 • Contact Angela - angelajamesjp@gmail.com

South Pine

South Pine Branch is based at Albany Creek but covers what was the Pine Rivers Shire. This year we have had a change in meeting venue.

Meetings are held on the second Wednesday of the even-numbered months at 6.30pm. We are now meeting at Albany Creek Library in the comfortable and well-appointed meeting room. Our first meeting in our new venue is featured in this photograph.

Phyllis Hall, Branch Secretary

BRANCH MEMBERSHIP The photographs and stories on these two pages reveal the members of several QJA Branches at work and at play in their local community. So, what is Branch membership all about?

As shown on the directory on the back page of the Journal, there are now forty (40) branches and contact groups throughout Queensland. No matter where you live, there should be a local branch/group accessible to you.

What is the role of a Branch? The purpose of QJA Branches (and Contact Groups) is to provide a support network for all QJA members regardless of their location. This network provides both professional and social support. By participating in the local Branch you become part of that network. You will meet and mix with other honorary justices striving to achieve the same goals as you.

What is the difference between a Branch and a Contact Group?

A Contact Group is an informal network of honorary justices within a particular locality. One member of the group accepts responsibility for being the contact person (listed on the back page of the Journal) and periodically arranges for group members to meet with one another.

There are no office bearers or QJA funding of activities. Generally, the establishment of a Contact Group is the first step in the development of a formal branch in a locality. QJA does support Contact Groups by providing the nominated person with the contact details of other QJA members in the area.

QJA Branches are formally recognised entities within the Constitution and By-Laws. Under clause 80 of the Constitution, the QJA Board may establish a Branch on the request of at least 5 members. All members residing in the Branch territory are automatically attached to that Branch.

A Branch must have an Executive Committee comprising a Chairman, Secretary, Treasurer and other committee members as determined. To get a new Branch started, QJA provides seed funding. The Branch must hold a bank account in the Branch’s name.

What do Branches do? As suggested in the articles in the adjacent columns, Branches can be involved in a wide range of activities, the most common being: • Identifying a group of volunteers to participate in the staffing of community signing centres • Managing the volunteer rosters for signing centres • Identifying new potential signing centre sites within a community • Holding regular Branch meetings (under the By-Laws, at least 5 meetings must be held at least annually, including an annual general meeting) • Facilitating ongoing professional development sessions for Branch members (as part of Branch meetings and/or separate workshops) • Supporting the QJA entry-level training program for new JPs/C. Decs in the local community by providing/identifying suitable venues, trainers and catering. QJA provides financial support to Branches that actively support the training program • Arranging social functions for Branch members • Recognising and rewarding Branch members for their active participation in Branch activities It can be rewarding and fulfilling to participate in the activities of your local Branch. Although all QJA members are automatically attached to the Branch for the area in which they live, not all choose to be involved in the activities of their local Branch.

Look at all the contented smiles on the faces of those pictured on these pages. Participating in your local Branch will also make you content in your role as an honorary justice. Phone or email your local contact person (see back page) to find out when the next activity is on. If you’d like to start a new Branch in your locality, contact the QJA Business Manager and Registrar (admin@qja.com.au).

Serving Queensland’s Honorary Justices since 1918

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REGIONAL CONTACT INFORMATION BEAUDESERT CONTACT GROUP Valmai Macaulay beaudesert@qja.com.au Telephone: (07) 5544 6460

FOREST LAKE CONTACT GROUP Reg Connelly forestlake@qja.com.au Telephone: 0403 167 121

MACKAY BRANCH Maria Valena mackay@qja.com.au Telephone: 0422 636 374

BOWEN BRANCH Brian Byrne bowen@qja.com.au Telephone: 0409 445 056

GLADSTONE BRANCH Ruth Waite gladstone@qja.com.au Telephone: 0438 741 318

MAREEBA BRANCH Ann Vains mareeba@qja.com.au Telephone: (07) 4094 1174

BRISBANE NORTH BRANCH John Carpendale brisbanenorth@qja.com.au Telephone: (07) 3353 2927

GOLD COAST BRANCH Jack Williams goldcoast@qja.com.au Telephone: 0401 858 683

MAROOCHYDORE BRANCH Angela-Marie James maroochydore@qja.com.au Telephone: 0409 471 008

GYMPIE BRANCH Daphne Horne gympie@qja.com.au Telephone: (07) 5482 7824

BRISBANE SOUTH BRANCH Samantha Rush brisbanesouth@qja.com.au Telephone: 0403 860 080

HERVEY BAY BRANCH Jan Stafford herveybay@qja.com.au Telephone: 0412 782 743

BUNDABERG BRANCH Susan Smith bundaberg@qja.com.au Telephone: 0405 252 135

HORNIBROOK BRANCH Lisette Dillon hornibrook@qja.com.au Telephone: 0404 977 057

CABOOLTURE BRANCH John Geary caboolture@qja.com.au Telephone: 0407 579 139

HOWARD CONTACT GROUP Carrol Bond howard@qja.com.au Telephone: 0411 743 585

CAIRNS CENTRAL BRANCH Margaret Neville cairns@qja.com.au Telephone: (07) 4045 2333

IPSWICH BRANCH Deanna McDonald ipswich@qja.com.au Telephone: 0408 195 277

CAIRNS SOUTH BRANCH Meredith Gardiner cairnssouth@qja.com.au Telephone: (07) 4055 4138

CENTRAL HIGHLANDS BRANCH Karen Bray centralhighlands@qja.com.au Telephone: 0438 824 361

MARYBOROUGH BRANCH Geoff Parsons maryborough@qja.com.au Telephone:(07) 4129 0809 MT ISA CONTACT GROUP Duncan Cunningham mtisa@qja.com.au Telephone: (07) 4743 0303 NOOSA BRANCH Margaret Lewins noosa@qja.com.au Telephone: (07) 5471 0617 REDLAND CITY BRANCH Ray Burrows redlandcity@qja.com.au Telephone: (07) 3822 1366 ROCKHAMPTON BRANCH Jane Comollatti rockhampton@qja.com.au Telephone: 0422 596 387

LOGAN BRANCH David James logan@qja.com.au Telephone: 0421 310 287

CALOUNDRA BRANCH Irene White caloundra@qja.com.au Telephone: (07) 5491 1146

SOUTH PINE BRANCH Phyllis Hall southpine@qja.com.au Telephone: (07) 3264 4436

LOGANHOLME CONTACT GROUP Pauline Harris loganholme@qja.com.au Telephone: (07) 3341 5555

ROSEDALE CONTACT GROUP Jonathan Brown rosedale@qja.com.au Telephone: 0422 596 387 ROSEWOOD CONTACT GROUP Alan Broughton rosewood@qja.com.au Telephone: (07) 5464 2007

SOUTH BURNETT BRANCH Ruth Rimes southburnett@qja.com.au Telephone: 0457 681 159 TIN CAN BAY CONTACT GROUP Rod Ehrke tincanbay@qja.com.au Telephone: (07) 5486 2743 TOOWOOMBA BRANCH Jacqueline Oakroot toowoomba@qja.com.au Telephone: 0417 608 405 TOWNSVILLE BRANCH Lesley Richards townsville@qja.com.au Telephone: (07) 4779 0617 WARWICK BRANCH Brendan Holland warwick@qja.com.au Telephone: (07) 4667 1526 WESTERN SUBURBS BRANCH Noelene Kidd westsubs@qja.com.au Telephone: 0448 780 491 WOODGATE CONTACT GROUP Maxwell Emery woodgate@qja.com.au Telephone: 0408 728 867 WYNNUM MANLY BRANCH Don Hann wynnummanly@qja.com.au Telephone: (07) 3390 8555

Branches conduct regular meetings (at least five per year), conduct training, operate signing facilities, have defined revenue streams and a formalised structure.

Contact groups meet on an “as required basis” and generally exist to operate signing facilities and to deal with other local issues. For details of what is happening in your local area, including professional development opportunities, please feel free to phone any of the numbers above and your local contact will be happy to assist.

INTERSTATE CONTACT INFORMATION NSW

Goulburn Elizabeth Adam goulburn@qja.com.au 0427 617 589 Lismore Paul Beckey lismore@qja.com.au 0428 560 467

Hobart Barrie Bell hobart@qja.com.au 0419 395 796

Wollongong Peter Pioro wollongong@qja.com.au 0419 638 121

Victor Harbor Timothy Barclay victor.harbor@qja.com.au 0403 134 290

Launceston Vanda Stevenson launceston@qja.com.au 0417 707 330

TAS

VIC

Devonport Dennis Wheelton devonport@qja.com.au 0418 334 431

Melbourne (Langwarrin) Robert Bolch melbourne.1@qja.com.au 0412 155 634

Jabiru Karen Beare nt@qja.com.au 0417 891 226

Deloraine Annette Powell deloraine@qja.com.au 0427 158 648

SA

Adelaide Noel J. Lindsay adelaide@qja.com.au 0407 507 773

Melbourne (Glen Waverley) Simon Bullimore melbourne.2@qja.com.au 0419 756 780

Bendigo Richard Lancaster bendigo@qja.com.au 0407 345 472

INTERNATIONAL CONTACT INFORMATION

Hong Kong Luca Ferrerio hong.kong@qja.com.au 16

Adelaide Hills Fred Braun adelaide.hls@qja.com.au (08) 8389 9462

NT

Sydney (Inner West) Jim Elmore sydney.1@qja.com.au 0408 870 721 Sydney (North West) Sharon Atkins sydney.2@qja.com.au 0417 479 412

Sydney (Western Subs) Marie McCabe sydney.3@qja.com.au 0434 992 107

New Zealand Allana Waldin nz@qja.com.au

Thailand (Bangkok) Heather Clarke thailand@qja.com.au

Serving Queensland’s Honorary Justices since 1918

UK (London) Angela Yin london@qja.com.au

UK (Norfolk) Derek Hill uk@qja.com.au

USA (Texas) Tanya Conole usa@qja.com.au