VOLUME 13 12 •• NUMBER NUMBER 42 •• SUMMER WINTER 2015 VOLUME 2016
INSIDE
QJA - ESTABLISHED IN 1918 Official Magazine of the Queensland Justices Association
THIS ISSUE 2 COMPANY
QJA ANNUAL AWARD WINNERS - 2016
INFORMATION 3 PRESIDENT’S REPORT 4
2016 AWARD WINNER PROFILES: DAVID HARRIS H ORNIBROOK BRANCH LOGAN BRANCH
6 STATE CONFERENCE REPORT 8 STATE CONFERENCE DINNER 9 QJA BRAND HISTORY 2016 AGM REPORT 10 CASUAL VACANCY NEWS IN BRIEF 11 ROLL OF HONOUR 12 Q & A 14 REGIONAL ROUNDUP 16 REGIONAL CONTACTS INSERT I NTERNATIONAL WOMEN’S DAY BRISBANE EVENT REGISTRATION FORM
Congratulations to the inaugural winners of the QJA Annual Awards for outstanding performance. The winners (pictured above with their certificates and trophies) are: Branch of the Year – Hornibrook Branch (represented by Robyn Francis) Member of the Year – David Harris (Brisbane North Branch) Community Engagement Award - Logan Branch (represented by Maggi Newlove) The 2016 Awards were presented at the QJA State Conference Dinner in Rockhampton on Saturday 29 October. Details of the performances that warranted these awards are contained on pages 4-5.
CENTENNIAL LOGO To promote and celebrate our pending centennial (2018), the Board has approved the introduction of a special logo (modelled closely on our standard [copyrighted] logo - which remains unchanged). The subtle differences are the replacement of (a) the letters “JP” in the centre of the crest with “QJA” and (b) the words “QUEENSLAND JUSTICES ASSN.” in the bottom banner with “CELEBRATING 100 YEARS, ESTD. 1918”. The Centennial logo will be featured prominently through to 2018. Read about this and the history of our brand on page 9.
CASUAL VACANCY Stop Press: There now exists a Casual Vacancy on the QJA Board and expressions of interest to fill the vacancy are being called (see article on page 10).
Serving Queensland’s Honorary Justices since 1918
Mr Raymond Young OAM JP (Qual) Telephone (07) 4927 4155 Mobile 0405 624 648 Email ray.young@qja
Board of Directors
DIRECTORS PRESIDENT & CHAIRMAN OF THE BOARD
Patron
Honourable Justice Mr Ray BurrowsThe JP (Qual) Telephone (07) 3822 1366 Mr John GordonChief JP (Qual) Mobile 0409 499 016 Catherine Holmes Mobile:E0415 589 047 Email ray.burrows@qja.com.au Email: john.gordon@qja.com.au
Board of Directors VICE PRESIDENTS
Mr Keith Revell JP (Qual) Telephone Mr Bob Pilkington JP (Qual) Telephone: (07) 3803 4337 (07) 3812 1865 Revell JP (Qual) Immediate Past Keith President Mobile 0438 121 865 Mobile: 0411 134 841 M: 0411 134 841 Email bob.pilkington@qja.com.au Email: keith.revell@qja.com.au
President
E: keith.revell@qja.com.au
Mr JP Doug Hull JPTelephone (Qual) (07) 3389 2481 Mrs Marian Vierveyzer (Qual) Telephone: (07) 4128 0294 0415 Raymond Young OAM JP(Qual) Marian Vierveyzer JP(Qual) Mobile 418 320 M: 0415 418 320 M: 0405 624 648 Email: doug.hull@qja.com.au Email marian.vierveyzer@qja.com.au
Vice Presidents
E: marian.vierveyzer@qja.com.au
E: raymond.young@qja.com.au
Mr Tel Mo Em
Mr Tel Mo Em
Mr Mo Em
Mr Raymond Young OAM JP (Qual) Telephone (07) 4927 4155
QUEENSLAND JUSTICES ASSOCIATION - ACN ISSN 1839-2784 Mobile009 666 0405559 624 –648 Bruce Birtwell JP(Qual)
M: 0429 350 230 Queensland Justices Association (QJA) E: bruce.birtwell@qja.com.au
John Carpendale JP (Qual) Email ray.young@qja.com.au M: 0419 683 325
The is a not-for-profit public company limited by E: john.carpendale@qja.com.au guarantee operating under the Corporations Act 2001 and is governed by a Board of Directo DIRECTORS Mr John Gordon JP (Qual)
Mr David Read JP (Qual)
RegisteredKate Office: 751 Stanley Street, Woolloongabba, Qld 4102. Kunzelmann JP(Qual) Carmelo Pasquale JP(Qual)(07) 4152 3318 Telephone: Mobile: 0415 589 047 M: 0419 709 775 M: 0408 879 182 Postal Address:Email: john.gordon@qja.com.au PO Box 8419, Woolloongabba, Qld 4102Mobile: 0405 252 135 E: kate.kunzelmann@qja.com.au E: carmelo.pasquale@qja.com.au Email: dave.read@qja.com. Office Hours: Monday – Friday 8.30am to 4.30pm Contact: Free call: 1800 061 423 - Telephone: (07) 3392 2455 - Facs Mr Keith Revell JP (Qual) Mr John Carpendale JP(Qua Email: admin@qja.com.au Telephone: (07) 3803 4337 Telephone (07) 3353 2927 Read 0411 JP(Qual) Garth Stephens JP(Qual) Website: DavidMobile: www.qja.com.au 134 841 Mobile 0419 683 325 0405 252 135 M: 0481 550 721 Facebook:M: www.facebook.com/QldJusticesAssn Email: keith.revell@qja.com.au Email john.carpendale@qja E: dave.read@qja.com.au E: garth.stephens@qja.com.au Registrar: Angela Yin BA (Journalism), GradDipSocAdmin, MHumanServ
Directors
.au
Mr Christopher Porter JP(Q Mr Doug Hull JP (Qual) Mobile: 0419 148 189 Telephone: (07) 4128 0294 Position Vacant The QJA Journal is compiled by an Editorial Board on behalf of the QJA. | Editor Mr Keith Rev Email: chris.porter@qja.co Email: doug.hull@qja.com.au
JP (Qual) 4152 3318 (AH) 2 135 @qja.com.au
The views expressed in articles & advertisements published in the QJA Journal are not necessarily the vi or the Board of Directors.© Queensland Justices Association claims copyright to all material published i reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at
Queensland Justices Association State Office
dale JP(Qual) QUEENSLAND JUSTICES ASSOCIATION - ACN 009 666 559 – ISSN 1839-2784 3353 2927 Printed by Zink Print. PO Box 236, Kallangur QLD 4503. Phone 0437 777 683 325 endale@qja.com.auThe Queensland Justices Association (QJA) is a not-for-profit public company limited by
Porter JP(Qual) 48 189 ter@qja.com.au
079 or visit us at www.zink
guarantee operating under the Corporations Act 2001 and is governed by a Board of Directors. 2
Serving Queensland’s Honorary Justices since 1918
Registered Office: Business Manager and Registrar Address: Wendy Postal La Macchia JP(Qual) E: admin@qja.com.au Office Hours: Contact: Email: Website: Facebook: Registrar:
751 Stanley Street, Woolloongabba, Qld 4102. Training Coordinator Membership Officer Merchandise Officer POCindy BoxRevell 8419,JP(Qual) Woolloongabba, QldGabor 4102Beres Aaron Dunster JP(Qual) E: training@qja.com.au memberships@qja.com.au E: merchandise@qja.com.au Monday – Friday 8.30am to E: 4.30pm Free call: 1800 061 423 - Telephone: (07) 3392 2455 - Facsimile: (07) 3392 2955 ACN 009 666 559 – ISSN 1839-2784 admin@qja.com.au 751 Stanley Street, Woolloongabba, Qld 4102. www.qja.com.au PO Box 8419, Woolloongabba, Qld 4102 Freecall 1800 061 423; Phone (07) 3392 2455 www.facebook.com/QldJusticesAssn E:admin@qja.com.au Angela Yin BA (Journalism), GradDipSocAdmin, MHumanServ, Cert IV TAE, Cert IV www.qja.com.au
Journal compiledisby an Editorial on behalf of theon QJA. | Editor John Carpendale Deputy Kunzelmann. QJAisJournal compiled by Board an Editorial Board behalf of the QJA. | Editor MrEditor: Keith Kate Revell 392 2955The QJA The
The views expressed in articles & advertisements published in the QJA Journal are not necessarily the views of the Queensland Justices Association The views expressed in articles & advertisements published in the QJA Journal are not necessarily the views of the Queensland Ju or the Board of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. No material may be copied or or the Board of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. No mater reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au
reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au
Printed by ZinkJPPrint. PO Box 236, Kallangur QLD 4503. Phone 0437 777 079 or visit us at www.zinkprint.net.au. AE, Cert IV Fin Serv, (Qual)
Printed by Zink Print. PO Box 236, Kallangur QLD 4503. Phone 0437 777 079 or visit us at www.zinkprint.com.au.
2
Serving Queensland’s Honorary Justices since 1918
eensland Justices Association
VOLUME 13 • NUMBER 4 • SUMMER 2016
PRESIDENT’S REPORT Ladies and Gentlemen, The Annual General Meeting of the company was held in Rockhampton following the State Conference and I thank all As we approach our Centennial in 2018 I those who attended as this AGM had the highest number of have been undertaking some research to VOLUME 11 many, • NUMBER 2 • WINTER 2014 attendees for many years. The abridged minutes of find out more about our history, and I will the AGM are later in this Journal, but in summary the motion share some more snippets with you in future to change the number of Vice-Presidents was adopted issues of the Journal. In perusing some of the unanimously, whereas the motion to change the process of old magazines from the 1940’s (back then appointing the President and Vice-President generated a it was called the Queensland Magistrate) robust, valid, and reasonable debate, which demonstrated that I came across this pearl of wisdom (ignore the gender bias), You may not have noticed but the Act under which all JPs and Dear Colleagues as a Democracy everyone has The an opportunity to have published in December 1947 and still relevant today: C.Decs operate was changed recently. Justice of the Peace andtheir say, The QJA Registrar, Angela Yin has advised the and as a Board we take your views Commissioner for Declarations Act 1991 wasseriously. updated in December THE HONORARY MAGISTRATE AND THE STATE. Board that she has received an exciting job offer 2013. If you haven’tpointed done so already worthwhile perusing It was rightly out atit isthe meeting that the we are a in the UK August and has consequently The Justice of the Peace is astarting man inelevated above the rank updated document and familiarising yourself with the changes. A handed in her resignation. On behalf of the Board Membership organisation, first and foremost, and we and file of his fellow citizens, and as such owes a duty to number of legislative changes have been made this year, including are here I have (reluctantly but understandably) accepted support you our RestAct, assured that as JP a Board that totothe Police Powers andMembers. Responsibilities as a responsible or the State. Angela’s notice. This is a sad day for all of us, as C.Dec you should keep abreast ofinwhat changes are occurring and During is always front and centre our discussions and plans. Angela has contributed a lot over her four years The first and foremost part of this duty is to set an any impacts it may have on your procedures. To see what legislation with the QJAdealing and hasand accomplished manyofachievements thechanged debateyou it can becametoclear that Members werewebsite satisfied with has the Queensland Government example of fair uprightness character towhich the VOLUME 11 •refer NUMBER 4the • SUMMER 2014 have beneted you, our Members, the company, and the wider JP the current election process and change was unnecessary. www.legislation.qld.gov.au or go to the QJA website www.qja.com. community in which dwells; that above all,hashereceived must isbea great fair. community. The job he opportunity Angela au out the Acts and page the Home tab, to me I, and as check the Chairman, hadLegislation a number ofunder proxies assigned career move and an adventure for Angela I am you fellows will join To paraphrase Ruskin, he must not beand one ofsure those here you can always gain direct access to the very latest version of to Acts. apply as I saw fit during the meeting, based on the real wishing her the very best forabout the nextwhat stagewill of her the who me areinperpetually squabbling becareer. best We to will shortly commence the advertising process, and a notice is later concerns raised from the floor, I decided to use my proxies to do, orin easiest to (page do, or profitablest (sic) to do. He must ask this Journal 10). The Privacy Act is an Australian law which regulates the vote down the 1988 motion. himself, “What is justDear to do?” for “it itishas thebeen lawa busy of heaven thatfor handling Colleagues, few months an unintentional set of circumstances resulted in the delayed delivery of personal information about individuals. This includes As thenot weather cools and we with move Winter it is aof time of The State Conference was this year byinformation, the the Board thetowards Australasian Justices’ ofcollection, the spring edition of and the Journal which contained theRockhampton audited the use, storage disclosure ofhosted personal you shall be able to judge what is wise orCouncil easy unless the year when historically people(ACJA) start to national think about others lessthe Associations conference, financial reports, the Directors declaration, information about the theme Branch who delivered a brilliant conference with the and access to and correction of that information. Signicant changes you are first resolved to judge just and to how do it.” fortunate than themselves, and what if youatis are wondering you can State Conference Redlands, the Annual General recommendation change auditors, explanations regarding came into effect onto12th March 2014inand with the introduction of 13the to the to “Beef up your Knowledge Capricornia”. In talking help you may want to consider putting your role as a JP or C.Dec to This quality, “to judgeMeeting, what isand just,” would the paramount a number of be regional refreshers. recommended constitutional Australian Privacy Principles changes. (APPs) which replaced the National delegates, they acknowledge that they definitely good use by supporting your local community. If you are a current Privacy Principles andall Information Privacy Principles which applies it gained essential of an honorary magistrate. Following the Board planning day a renewal of the The delayed delivery of the Journal was unfortunate, nevertheless honorary justice you can help your local community by volunteering new knowledge from the interesting speakers, with the tosome organisations, and Australian Government agencies. strategy for the company has commenced with the was the Boards view, which was supported by the Members present, The Justice the Peace entrustedorbyPolice the people at a localofsigning centre,iscourthouse, Station.to If decide you are Board agreeing that thesome Vision of the QJA is to: conference a polished by that to ensuremanaged fairness to in those Membersand whoprofessional did not receivemanner the nervous or uncertain about dealing with of the documents disputes, divide the true fromPreeminent the fake, organisation to judge what is just, AsJournal an organisation with less than $3m turnover is exempt for Queensland containing the AGM documents in time the thatQJA the AGM should the the Master ofAct Ceremonies, Peter Forday. you may encounter “Be thenthe mentoring and professional development from Privacy but the Board has agreed that we should ensure and services administer justice .without favour. Thediscuss task the is Honorary Justices”. be adjourned until Saturday 8th November. are available. Contact yourfear localor QJA Branch and our Privacythe Policy complies withDinner the Australian Principles. During Conference we Privacy were entertained by a no light and to succeed the justice must have In one, striving for this Vision Board has agreed that always as opportunities an organisation While the delay was the Board must ensure complies volunteering, mentoring andthe professional development Director Ron Court hasunintentional been by reviewing our Privacy Policyitand has school band, engaged our keynote speaker, enthralled with our Mission and our focus is that we are: “Committed to being the with its obligations and duties under the Constitution and the available in your area. this in mind and thereby avoid becoming one of Ruskin’s recommended a few minor technical adjustments to our Policies centre of excellence for Queensland Honorary Justices through a Corporations Act, and is committed to acting withannouncement fairness, openness some bush poetry, and excited by the of the and Procedures to align with the new requirements. The key aspect squabbling people. Even though a professional Justice ofdevelopment the combination oftoleadership, training, and I am delighted announce the launch of our rst fullyPeace online, and withisnew our Members. the AGMand being adjourned, winners of the Community, Branch of the integrity Privacy Act protection of Despite your information. TheMember QJA will awards. neverinteractive takes his seatcourse. on the still module remains; advocacy”. training Thebench, course isthe the duty accredited for the Members whoyour attended following theexternal State Conference had never sell or pass details on to any third party, thetheBranch Congratulations toquestions Hornibrook Branch, of Board the Commissioner for Declarations and already numberas of we Students opportunity to the raiseDepartment of and thewinner rest of the therenew are probably few holding commission who fully The Board planning process will the continue to adevelop expand exception being of myself the Attorney-General, Justices ofregarding the Year, to David asbePeace Member ofThetheadjourned Year, and to have enrolled and graduated with Statement issued. the motions thatHarris wereof to presented. onhow our Goals so that as anare organisation we of can concentrate onthe those of the Peace Branch. The Justices the and Commissioners realise jealously they regarded byAttainments the rest of This new method delivering the Commissioner AGM was heldAct onwinner Saturday scheduled andEngagement the Logan Branch, of8th theas Community activities that areof relevant and deliver value to you for the Declarations Members. for Declarations 1991 requires all JPs and C.Decs to minutes keep the from JPaward. A community. So even inourthecurrent smallest matters honorary course complements classroom and the correspondence both meetings are later in of thisany Journal. I would like to thank all those Branch Registrar informed changes tooff contact details: The Australasian Council of Justices’ Associations (ACJA) is a memorable evening which finished a wonderful Conference. courses.should It offersexercise an alternative for individuals who and are busy, who Members who took the time to attend the AGM’s and again apologise magistrate that fairness of mind breadth forum for JPlocations, Associations across Australia andnd New Zealand live in remote or for whatever reason it dif cult tofor The next day Board met to expand our Strategic for the inconvenience. 22 Registrar to bethe notied of change to further registered particulars of outlook which should always characterize those to whom public discussion and debate of matters relating to JPs. This year it attend one of our classroom courses. Goals and to refine our action plans for the year. Our office (1) A person who is an appointed justice of the peace or an One outcome from the AGM was the overriding support for holding was Queensland’s turn to host the annual conference convened by others look for an example. It is only by such conduct that appointed commissioner forconference. declarations is tothis notify thewhich the AGM atthe the opportunity same time as the With in mind the were Senior Vice President Ray Burrows who has held for the new officeJustices of ACJA staff had to workshop their ideas The QJA remains the largest provider of training the honorary magistracy can hope to occupy the conference position in registrar of any changetotopush the person’s or Caboolture Branch has agreed back the name State Conference date President for 2014. The success of this year’s ACJA was of thetoPeace (Qualied) and Commissioner for Declarations in presented to details the Board and then incorporated intoofasthe as stated in the register 30 days so that contact we may again hold the 2015 AGM onwithin the same day the overall the State which it claims toofbe justly entitled. due to the outstanding efforts Director Carpendale who through Queensland and, as a not-for-prot, all John monies earned after costs plans for company. As any a volunteer Management, I thethe change and provide reasonable Board proof theofregistrar conference. his focus, dedication, and attention to detail delivered a remarkable This timeareofpassed the year always busy time forprograms the Board, with back is to the local a Branches or into supporting may thefollowing change. take hatrequire inofrespect to the amount review of work your Directors timetable of events: from the welcome at new the Banco hosted I am my pleased tooffnote that an extensive of our lease you, our Members. With theJustices’ addition of this Online court course we the Australasian Council of Associations (ACJA) by our patron Chief Justice Tim Carmody, to the conference held options relating to the occupancy of QJA House at Woolloongabba contribute to this organisation they are always available to now offer a wider selection of course formats at more locations than Toa aid this process theonQJA passground on to floor JP Branch updated national anyone conference Perth, theStudents State and part annual in the else. Supreme Court building with Conference guest Damien Mealey, newinthree year lease the will current has been signed Ininaddition, our benetspeaker from being of a assist the local Branches, they take on extra duties to further contact details a Member advisesMy us that changes have occurred JP Branch to the AGMminded dinner held inBranch the Balmoral room securing our when premises for the future. thanks to Director Dave Read Generalnetwork Meeting inRegistrar, Rockhampton, plus allJPs the annual of over 6,000 community and C.Decs supported tothe postal address, phone numbers orinvestigations email (no other information goals of the company, and attend Board meetings, ofover the 30 Brisbane Cityacross Hall with guest speaker Justice David Thomas, who conducted the negotiations and on our behalf. planning by Branches Queensland, available to help them as General Meetings. is passed on). If you do not want your details passed on to the JP President of QCAT. days, and 14 workshops. Let me take opportunity sincerely they take their rst steps on their journey as a Queensland Honorary After please over years service to this the QJA Board it istowith Branch note thismeritorious in your update correspondence. The Australasian Council of Justices’ Associations (ACJA) Justice. The annual State Conference was this year hosted by the Redland City sadnessmy that Ifellow acceptedDirectors the resignation Pilkington. thank whoof Director withoutBob their commitment, is a forum for who JP delivered associations acrossconference Australiawithand Branch an outstanding highNew quality Bobregional has decided to focushave on other pursuits andbe has therefore resigned Your Directors been very active over the past few support, and enthusiasm we would unable to deliver the QJA is Registered Training Organisation (RTO) and thethe intogether a polished professional manner which showcased from the QJA Board andlocal all related positions immediately. ZealandThe tospeakers come toandshare experiences, to learn from months supporting their Branches with effective new Contact Groups It successful programs and services available to you today. compliance requirements we have to adhere to are very high. If best aspects of the QJA. Over 180 delegates attended the event and a very difficult moment Bob as it in brings an end in was the obviously Bundaberg region, potential newforBranches the to North, each other, to debate matters impacting JPs, and to investigate weoverwhelmingly want to continue delivering program we must the feedback has this beentraining very positive. Congratulations over 14 years involvement with QJA Board. See article on Bob successful workshops hosted bytheRockhampton andthe Logan, with Finally, may I take this opportunity to wish all our Members and opportunities tostrict leverage our willand other maintain standards of collective accountability and documentation. This to Chairman Ian Hawes, Senior Vice knowledge President Raywhich Burrows laterBranches in this Journal. organising additional workshops, and a greater focus families, our stakeholders, sponsors and supporters a very does place a burden on the ofce staff which can sometimes cause the Redland City Branch team for an excellent conference. Special benefit JPs in each jurisdiction and ultimately the community on growth and delivery of services to you, our Members and the delays processing merchandise new applications, workshop mention to the MC of Carpendale the dayorders, Mrs Pauline Kilburn who managed joyouscommunity Christmas, a safe broader so stay tuned.festive season, and good health and we all serve. Director John (also the Registrar of Till next time. bookings, etc. Politicians If this has impacted you,on wetime do apologise. to keep the and speakers and kept the delegates happiness for the New Year. the ACJA)engaged and Iand attended the Perth event and a number of entertained during the day. Till next time, Till next time, The Board of the QJA recognizes that as an RTO we must ensure initiatives Iwere discussed and progressed. Initiatives am delighted to announce that Caboolture Brancharound has been wesuccessful strictly adhere tobidthe requirements as the set 2015 downState by the Federal in their and willwith be hosting Conference. training,body collective negotiating suppliers, and shared which manages the RTO program and we recognize this does The details are still to be refined and more detail will resources willaconference continue to be and further place higher burden on promoted our ofce staff, so we arediscussions investigating follow but at this stage you can note in your 2015 calendars that it will opportunities to streamline ofce procedures to minimize between the representative result inimpacts some be held at Bribie Islandorganisations on Saturday 7thshould November 2015. on other service delivery areas. We will keep you up-to-date as these - President KeithRevell Revell, QJA President real benefits for the QJA, and for you our Members. This year we arranged for the Annual General Meeting of the QJA Keith new procedures are implemented.
President’s Report
President’s Report
to be held on the same day as the State conference. Unfortunately
News in Brief
Keith Revell - President
ServingQueensland’s Queensland’s Honorary Justices since 1918 3 Serving Honorary Justices since 1918
3
2016 AWARD WINNER PROFILES The information on these pages has been extracted from the submissions made to QJA supporting the nominations of the successful award candidates, all of which demonstrated a commitment to the Board’s Community Engagement initiative. Marian Vierveyzer, Awards Committee Chairman
Member of the Year
David Harris is a highly respected and valued senior member of the Brisbane North Branch. David’s diverse and admirable working life is reflected in his contribution to all branch matters. His successful careers as a businessman, builder, educator and education administrator were clearly the stepping stones to the leadership, role model and integrity standards that he has displayed for so many years in performing all manners of JP activities. He has been a QJA member for around 47 years (since November 1969). Member engagement and growth Leadership. David has been an accomplished leader for this year and many years before. He joined the Brisbane North branch in 2008 and in 2009 was elected Chairman and served in that capacity for four years. At that time the branch consisted of approx. 35 members and operated 3 signing centres for limited hours. The branch had been through some turmoil and morale was low. By the end of his tenure, membership was approaching the 100 mark, new signing centres had been opened and services were provided every day except Sunday. Training Excellence Professional Development. Because of his background, David places a high value on continued learning and self-improvement. Over the years he has been a regular attendee at state conferences both in Brisbane and around the state. He is always an enthusiastic participant in the Branch’s bi-monthly Professional Development sessions and attends the Department of Justice Workshops in the local area. Among his peers he is known to have a great depth of knowledge and is often contacted for advice. He gives this advice willingly and with enthusiasm. Workshops. As branch Chairman in 2013 he led and coordinated an all-day workshop. This was the first workshop the branch had organised since 2008 and was widely acclaimed as a particularly successfully event. Since that workshop, David has volunteered each year to assist in the Branch’s yearly workshop. During these workshops he has volunteered to join the planning committee and has cheerfully stepped up to accept whichever role he was assigned, including facilitator, master of ceremonies and time keeper. Mentoring. David attended the first ever mentoring workshop when the mentoring programme was formally introduced. Since that time, he has mentored numerous people and continues to do so on a regular basis. Marketing QJA profile. David has been a member of QJA since 1969. This longevity alone is testament to his belief in the policies and advantages of being a member. When negotiating with people such as shopping centre managers and new branch 4
Serving Queensland’s Honorary Justices since 1918
members he always emphasises the value of QJA support. In his role as a signing centre co-ordinator he always ensures that QJA branded materials are physically displayed and available to be handed out to interested parties. Recruiting: Brisbane North branch has benefited from a steady increase in membership for a number of years. David has been, and continues to be an effective recruiter. It is obvious when listening to him outlining the advantages of membership that he always approaches it from a QJA perspective first and the branch second. He often uses his personal long involvement to illustrate the benefits of membership. Community Engagement Activities. David is active, and well known, within the community. He has been involved with the necessary negotiations to establish all the Branch’s signing centres. He has been the co-ordinator of Brookside signing centre for a number of years and volunteers across four different signing centres to average four or five shifts a month. One of David’s regular Signing sites is Prince Charles Hospital. The nature of the work there is somewhat disconcerting to a number of volunteers, but David was one of the original volunteers to step forward when this signing site was established. In fact, whenever anything needs to be done, David is the first to volunteer to assist. Even though he always has a very full roster of shifts he also has his name highlighted as someone who is prepared to step in at short notice to fill in for other JPs when they are unable to perform their duty. At one stage when the Rostering Clerk was unwell, David took over the complex role of rostering for a year whilst also performing the role of Branch Chairman. Projects/events. Among his many achievements, one that stands out occurred in 2013, but the benefits are still being enjoyed by the branch at the present time. In 2013 David prepared an application for a Commonwealth Grant from the Department of Housing, Family and Indigenous Affairs. The application was successful and the grant money was used to help set up a whole day workshop and also to purchase equipment for the branch such as a computer, projector etc. The workshop was a resounding success and the equipment is still being used on a regular basis. Summary It is noteworthy that in a branch of well over 100 members, when this award was discussed, the first name raised, unanimously, was that of David Harris. There is much that could be said about David as a JP, as a leader, as a mentor, as an outstanding community volunteer and proud QJA member – but his most outstanding attribute would be the way he is recognised as an exemplary role model by his peers and the community. These qualities were demonstrated throughout 2016, and at the same high standard for many preceding years Brisbane North branch is indeed proud of David and welcomes the opportunity to nominate him for this award. We are totally confident that if successful, David Harris as the inaugural recipient would set the standard for the Queensland Justices Association’s JP of the Year and enhance the prestige of the award. Stewart Purdie, Brisbane North Branch Chairman
VOLUME 13 • NUMBER 4 • SUMMER 2016 Branch of the Year – Hornibrook
Community Engagement - Logan Branch
Symbolically named after the original bridge linking the Redcliffe Penisula with Sandgate and environs to the north of Brisbane, Hornibrook Branch encompasses 22 suburbs within close proximity to the northern reaches of Moreton Bay. The Branch was launched in October 2012 following a meeting at the Clontarf State School when the inaugural executive committee was determined. Since then, the Branch has met monthly at the Redcliffe RSL Club and other assorted venues throughout the Branch territory. As with many new endeavours, Hornibrook Branch experienced early problems with gathering a strong following and at one point the support was perilously low. With a refreshed leadership team taking the reins at the end of 2013, the Branch gradually developed a new energy and maturity. With 2014 as a transition year that focused on hosting JP training and fund-raising, Hornibrook Branch also engaged a variety of guest speakers on topics such as Crimestoppers, PCYC and Youth Programs. They also explored different meeting venues at Sandgate, Bracken Ridge and Brighton to build support outside Redcliffe. North Lakes Community Rooms became a regular alternative meeting site. During 2015, the Branch turned to the idea of engaging more with the local communities. This began with Bunnings BBQ fund-raisers where the Branch name was proudly displayed. The committee believed that the idea of being exposed to different sectors of the community by being visibly out and about and available to talk to people in a relaxed way was a positive move. This led to a more ambitious event in 2015 with a combined visit to the Brisbane Airport Customs Service. By 2016, the levels of meeting attendance became much more consistent and debate on different training topics and decisions continues to be lively. Community engagement reached a new level with successful outings to Parliament House, Brisbane Courts Precinct and QCAT, each attended by an average of twelve JPs who gained privileged access to these venues. The added bonus of successfully securing a Grant to assist with expenses as well as internal fund-raising has placed the Branch in excellent financial health for 2016. In sum, the plan to expand upon the possibilities for what it means to be a JP “in the community” was an overwhelming success on these measures: the level of individual involvement that were evident; the types of exchanges that were had within the group and with members of the public; the cohesion amongst the group in terms planning and cooperation; the experience of being respected and valued in a public manner; and the obvious learning that occurred in ways that were relevant to JP practice. Lisette Dillon, past Branch Secretary
The basis of the Logan Branch nomination is the group’s activities throughout its territory to connect its members more closely with the local community and, in turn, the local community with Branch members. This has not been at the expense of continuing “professional development” pursuits but rather an additional activity which is designed to connect Branch JPs and CDecs to the community in which they live and work and also for the community to engage with members and the services they provide. During the latter part of 2015 (into the first few months of a new committee) the Branch conducted a “Domestic Violence Forum” which was not only promoted to Branch members but also to the wider community via the support of QJA, DJAG and Branch members in the Logan region and also promotional support from Logan City Council. The Branch also produced a promotional flyer which was distributed by QJA to all members in the Logan Council area. Three high profile presenters were enticed to participate: • Mick De Brenni, State Member for Springwood • Mark Walters, DV Connect • Snr Sgt Peta Jordan, Logan Central Police As the title of the Forum implied, the subject was Domestic Violence in the community, the impact on those affected and the support services available to those in need. The local Member outlined the broader community implications of Domestic Violence and the measures implemented by the government to combat this scourge in society. Mark Walters identified the support services available to victims and their immediate family and the systems in place for their immediate protection. (The Logan Branch made a donation of $500 to DV Connect from the proceeds of the Forum). During 2015, Queensland Police had introduced a new initiative based in the Logan region and headed by Snr Sgt Jordan who was able to share with attendees the important role played by the Police Service in the overall program to support the victims of these crimes against the most vulnerable members of society. It is difficult to gauge the success of a project of this type; however the Branch received much positive feedback from a variety of sources outside the immediate QJA family. The committee was also on a “learning curve” with the planning, organisation and promotion of the forum and learnt some valuable lessons for future community activities. Recent speakers at Branch meetings have addressed issues like Ethnic Minorities support services and Animals in Crisis in Domestic Violence Environments. In 2017, the Branch plans to conduct another community workshop addressing “Ethnic Minorities and Community Support Services”. Brook Batley, Branch Chairman Serving Queensland’s Honorary Justices since 1918
5
2016 STATE CONFERENCE REPORT Rising with the sun on Saturday 29 October, the enthusiastic members of the Rockhampton Branch conference planning committee were quickly into stride, making final preparations for the anticipated arrival of 100+ delegates and guests at the Rockhampton Leagues Club from 8am. In their distinctive blue conference polo shirts, the Rocky crew cheerfully welcomed one and all.
Promptly at 8:50am, Master of Ceremonies Peter Forday announced the commencement of proceedings and, after explaining all relevant housekeeping matters, introduced local Aboriginal Elder, Aunty Ethel Speedy to perform a traditional Welcome to Country.
The QJA Patron, the Honourable Chief Justice Catherine Holmes, (who had a conflicting commitment in Melbourne), then joined proceedings to officially open the conference via video presentation. Once again, the Chief Justice enthralled the audience in delivering an innovative, informative and entertaining presentation displaying, in particular, her knowledge of the early history of legal practice in Rocky (1860s) and the significant role played by honorary justices in Rockhampton (1890s), as well as her quirky sense of humour. eJournal readers may the full video by clicking this link: Video Rockhampton City Mayor Margaret Strelow was then invited to address conference. As might be expected, the Mayor extolled the virtues of the city she represents, describing it as a “vibrant City with an extraordinary past and a brilliant future”. She informed delegates that, thanks to the well-developed persuasive skills of Raymond Young OAM (QJA Vice-President), Rockhampton City Council was a major sponsor of this conference. Mayor Strelow also expressed the thanks of her community for the great work performed by QJA and its JPs and CDecs in the Rocky region. 6
Serving Queensland’s Honorary Justices since 1918
The Shadow Attorney-General and Minister for Justice, Ian Walker MP then took to the podium and spoke to delegates. To start with, he acknowledged the role played by justices in supporting their local communities by providing easily accessible services and performing their duties in a proper and professional manner. He then recounted the JP initiatives of the former LNP government including the commencement of the QCAT trial, the out-sourcing of pre-appointment training (to organisations like QJA), and the redirection of the JP Branch towards compliance issues. He reiterated the Opposition’s goal of achieving a JP service that is “professional, rewarding and affordable”. The first technical presentation at conference was provided by the Registrar and Manager of the Justice of the Peace Branch, Department of Justice and AttorneyGeneral, Damien Mealey whose topic was the witnessing of Complaints and the issuing of Warrants and Summons under the Peace and Good Behaviour Act 1982. Damien explained that about 700 Complaints are processed by Queensland Court every year.
This presentation emphasised the importance of a JP properly scrutinising the content of a Peace and Good Behaviour Complaint before agreeing to witness it. In particular, the complaint must satisfy the witnessing officer that there has been a genuine threat of intent to assault people or damage property and that the complainant is genuinely in fear of the threat being carried out. The importance of Mediation is the management of these complaints was also stressed. To complete the first session of conference, State Member for Keppel, Brittany Lauga MP (herself a CDec for 10 years) was invited to address delegates. Like the State and Local government representatives who spoke before her, Brittany praised the great work being undertaken Queensland volunteer justices. A morning-tea break was then enjoyed by delegates.
VOLUME 13 • NUMBER 4 • SUMMER 2016 Refreshed from the tea-break and networking, delegates returned to their seats to experience the presentation of Rockhampton Branch member and experienced JP & mentor, John Warman on the technical topic of witnessing Police Complaints & Summons.
Of particular interest, this session drew the distinction between a minor offences covered by a Complaint Made and Summons (neither sworn nor affirmed) and more serious offences requiring a Complaint Sworn and Summons (must be either sworn or affirmed). It is vital the witnessing officer properly scrutinises the content of the Complaint and exercise appropriate discretion in determining whether the issue of a Summons is warranted (e.g. ask these six questions: “What, Where, When, How, Why and Who?”). Damien Mealey then returned to the podium to provide an update on happenings at the JP Branch, Department of Justice and Attorney-General. Of interest was the information that the Department now possesses email addresses for approximately 65,000 of the 85,000 registered justices. He also confirmed that JEOs (Justice Examination Orders) will be removed from the scope of duties for JPs from 5th March 2017. The long-awaited reprint of the Government Handbooks (for JPs & CDecs) is expected to be available early in 2017. The lunch break was then called. Delegates and guests were able to enjoy good food, beverages and the company of their peers in a relaxed environment.
Immediately after lunch, Former QJA Director, Doug Hull was invited to read the A.B. (Banjo) Paterson poem Saltbush Bill JP which gave some idea of the role of JPs in Australia in the 1800s. (By the same token, it was evident the actions of Banjo’s JP were considerably at odds with the QJA Code of Ethics). eJournal readers may click here Poem to access all 26 verses.
service to the QJA Board. In reply, Doug provided a very emotional thank you speech. The versatile John Warman then returned to speak about the witnessing of Enduring Power of Attorney (EPA) documents. In his presentation, John emphasised the importance of the witness asking appropriate “open” questions to be satisfied the principal possesses the capacity required to execute the enduring document. John’s description of the role of the witnessing officer: “Making an EPA is a very significant step and you, as the eligible witness, have the responsibility to protect the principal as far as you possibly can. Keep detailed notes as to your questions and the nature of the responses – you may have to rely on these at a later date”. To complete the technical topics, local Solicitor from the Queensland Indigenous Family Violence Legal Service, Bernard Mitchener, spoke about Affidavits and Annexures. He explained that the first reported use of a sworn Affidavit as evidence in Court proceedings occurred in England in AD1220. Since then, different formats have been adopted by different Courts and jurisdictions but all with the same general principal – a sworn and attested written statement by a deponent that is regarded by the Court as equivalent to in-person evidence. Bernard’s presentation outlined the Dos & Don’ts for affidavits & annexures to meet the general procedural rules adopted by the various courts and tribunals. Following a short break for afternoon tea, the QJA Board of Directors assembled on the stage and individually answered questions completed by delegates and collected during the day. A sample of these questions and answers is contained in the Q&A section (pp12-13). After some raffle draws and closing remarks by the QJA President, the 2016 QJA Annual General Meeting was held – see report on page 9. Once again, this was a very successful State Conference. The essential roles played by MC Peter Forday (left) who professionally managed proceedings and Lance Watson (right), Rockhampton Branch Chairman, who provided the presenters with votes of thanks, were instrumental to the smooth running of the event. As well, the effort of the whole QJA Rockhampton conference team (pictured below) ensured all visitors felt right at home, welcome and made it a pleasure to spend some time in Central Queensland and “Beef Up Our Knowledge in Capricornia”.
QJA President Keith Revell then took to the stage to announce the awarding of Honorary Life Membership to Doug Hull in recognition of his long and meritorious Serving Queensland’s Honorary Justices since 1918
7
STATE CONFERENCE DINNER After a full day of professional development, a large number of delegates with their partners and invited guests (80+ in total) assembled at the Rockhampton Leagues Club for the 2016 State Conference Dinner. As arrivals entered the dining room, they were welcomed by pre-dinner music played by the talented students from Emmaus College. Once seated and the official guests were welcomed, Master of Ceremonies Peter Forday was once again on hand to smoothly manage proceedings.
The highlights of the night (on top of the excellent meal supplied by the Leagues Club) were the entertainment provided by Bush Poet Lea Taylor (below left), the first-class speech by Her Honour Judge Anne Demack (Federal Circuit Court of Australia – below right) and the presentation of the 2016 QJA Annual Awards (winners profiled on pages 4-5).
Judge Demack enthralled all audience members (including those without any knowledge of honorary justice matters) with her insightful caricature of the various types of witness at family court proceedings. A wonderful evening was enjoyed by everyone. The 2016 State Conference and Dinner were both an outstanding success thanks to the generous sponsors, the hard-working Rocky committee and leadership of Branch Executive members Lance, Raymond and Jane. Click here Slide-show to see more images from the State Conference and Conference Dinner. The 2017 State Conference will be in Toowoomba. All QJA members are invited to attend.
8
Serving Queensland’s Honorary Justices since 1918
2016 Award winners with Awards Committee members.
2016 QJA Award winners pictured with Awards Committee Chairman, Marian Vierveyzer (L), QJA President Keith Revell (centre) and Awards Committee member Bruce Birtwell (R).
VOLUME 13 • NUMBER 4 • SUMMER 2016
QJA BRAND HISTORY As we approach our Centennial (2018), it is interesting to review how the organisation’s brand has evolved over time. Our research is ongoing and incomplete but so far we have revealed the following:
1930s –1948
Magazine masthead
1948-1990
Logo
Journal cover
1990-1992
Logo
Journal cover
1993-2003
Logo
Journal cover
2003-2016
Logo
Journal cover
Centennial Logo
last Journal cover
Current
2016 AGM REPORT Below is a brief summary of the 2016 AGM held at Rockhampton Leagues Club at 3:05pm Saturday 29 October 2016. The full and official minutes are published in the Members-Link area of the QJA website (www.qja.com.au) or may be viewed in person at State Office. Members present, proxies and apologies Present: 77; Proxies cast: 48; Apologies: 2 NOTED. Minutes of 2015 AGM and business arising Abridged minutes published in Summer 2015 edition of QJA Journal. Motion 1: minutes be confirmed as correct record. No business arising. CARRIED. Presidents Report 2015-2016 Published in Spring 2016 edition of QJA Journal. Motion 2: report be received. CARRIED Directors’ Report 2015-2016 Published in Spring 2016 edition of QJA Journal. Motion 3: report be received. CARRIED Financial Statements 2015-2016 Published in Spring 2016 edition of QJA Journal. Motion 4: statements be adopted. CARRIED Constitution Changes Explanation of proposed changes published in Winter 2016 edition of QJA Journal. Motion 5: The Constitution be amended to reduce the number of Vice Presidents from two to one. After discussion and further explanation, motion CARRIED Motion 6: The Constitution be amended to elect by popular vote all Board Members and to appoint the President and Vice President by Collegiate vote from within the elected Board. The President presented the argument (as published) in favour of the motion. Several speakers then spoke against the motion. A majority of those present voted against the motion. President applied the proxy votes granted to him to vote it down. MOTION. DEFEATED General Business It was suggested the Board publish arguments both for and against future proposed Constitutional changes. NOTED
Serving Queensland’s Honorary Justices since 1918
9
CASUAL VACANCY Following the recent resignation of one of the QJA Directors, the Board is currently considering whether to fill now or wait for the election later in 2017. To assist with this decision, the Board invites expressions of interest from QJA members who believe they have something positive to contribute to the governance of this progressive organisation. A list of desirable attributes, qualifications and experience together with other relevant information is accessible at http://www.qja.com.au/homepage/dir. Nominations must be received by Friday 20 January 2017.
QJA News The November 2016 edition of the online newsletter QJA News contained the following content: • International Women’s Day 2017 • New EPA & AHD Checklists • New Facebook page for QJA • QJA Annual Award Winners • Member Resources • Online Professional Development • Be Safe online To access the monthly newsletter, click here: Newsletter or ensure QJA has your current email address.
JP Bulletin
NEWS IN BRIEF Mackay Daily Mercury 10 Oct 2016 This article highlighted how important it is for JPs and CDecs to performing their duties with propriety. It concerned an incident where a JP witnessed the signing of a Change of Name form for a child. Both parents were required to sign. After the name change was processed, the father challenged its validity on the basis he had not approved it. Forensic tests confirmed the “father” signature on the form was not his. In court, the mother claimed the witnessing JP agreed to allow the mother to sign for both parents. The magistrate described this as a “serious allegation that strikes at the very heart of our justice system”.
New QJA Promotional Video At the State Conference in Rockhampton on 29 October, QJA launched its progressive, punchy, promotion video-clip which, in 2 minutes 40 seconds, tells the QJA story succinctly and effectively. To view the video-clip, click this icon: Video or visit the QJA website (http://www.qja.com.au)
Again in March 2017, QJA will celebrate International Women’s Day (IWD) which occurs on Wednesday 8 March. To allow as many as possible to participate in celebrations, QJA plans to hold functions on the preceding Sunday (5 March). The Registration Form for attending the Brisbane event is included as an insert to this Journal. Alternatively, for online registrations, visit this address: http://www.qja. com.au/events/iwd. Outside of Brisbane, Branches are encouraged to hold regional celebrations. 10
Serving Queensland’s Honorary Justices since 1918
Issue 12 of the Justice Department’s electronic JP Bulletin was distributed (via email) on 4 October 2016. The content contained news on the following matters: • Mental Health Act Review; • New edition of JP Handbook; • Remembrance Day; • Domestic & Family Violence Court Video; • Technical Bulletins; • Other Useful Resources; • Professional Development; • JPs in the Community Program To access JP Bulletin #12, click here: JP Bulletin
VOLUME 13 • NUMBER 4 • SUMMER 2016
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 Board wishes to acknowledge the long service given by the following Members.
50 Years QJA Membership Eugenia Comino
Theodore Comino
Barry Kerven
Kenneth O’ Connell
Pauline Ruberry
Christopher Trevor-Jones
Alastair Ward
Robert Lowe Timothy Maguire David Mansfield Paul McLoughlin Alan McTaggart Francis Mitchell Peter Muchow John Mulcahy Danny O’Brien Susan Olive Ronald Palmer Barry Peachey Sharon Polkinghorne
Christopher Pritchard Janice Proctor Marilyn Provians Rosemary Ralos Barry Ridley Maureen Rosso Christine Scarfe Delma Schelbach James Searston Cassandra Senior Betty Smith Brian Stack Robert Stafford
Derek Stubbins Therese Sturgeon George Taifalos Therese Thierfeldt Carin Thompson Terri Thorne Geoffrey Turner Graeme Turner Raymond Valdeter Ruth Waite Edward Warren Trevor Williams Richard Zande
40 Years QJA Membership Jeanette Hewlett
Daphne O’ Hair
25 Years QJA Membership Sharyn Ainsworth Stephen Baker Trevor Baldock Violet Beanland Patrick Brown Arthur Burke Barry Corless Andrew Croaker Helen Dickinson Peter Edwards Dennis Fachin Robyn Flegler Linda Forrester
Kevin Hardwick Ian Hawes Christopher Hicks Lynne Hickson Mark Holland John Howarth Camillo Impellizzeri Andrew Jensen Les Johnstone Geoffrey Jones Tempe Keune Phillip Klein William Lake
Welcome to New Members The following have joined the QJA since the last Journal: Matthew Ainscough Warwick Alderton Julie Allen Dyana Amaya Lopez Christopher Ashcroft Holly Asher Jayne Askew Maureen Bayliss Paul Best Ardhendu Bhattacharya Crystal Bignall Lisa Bird Karen Bishop-Hubert Marcus Borer Jordan Botha Emma Brenton John Broad Angela Brown Courtney Burbidge Graham Burridge Wayne Campbell Donna Campbell Dustin Carroll John Cassel Grant Cassidy Tabitha Claven Brooke Colledge Joshua Cowper Denis Crilly Alysha Currie
Sarah Dart Phyllis Davies Petenia Denman Timothy Denton Elisa Di Trapani Cecille Dimalanta Cameron Dowie Lauren Eakins Vanessa Evans Ron Everingham Claire Eyles Angelina Fairweather Mary-Ann Fallon Denise Fankhauser-Kobelt Jill Farinelli Damon Fealy Cherie Fletcher Mary Fry Karen Gage Gordon Gardiner Taryn Genrich Ramsey Gharazeddine Susan Goller Paula Gordon Michaela Graaf Susan Graw Arhondi Grespos John Grieves Marie Gull Kim Hale
Amanda Hardie Pamela Hawkins Holly Hellinga Jessie Hill Katie Hill Jack Holmes Janice Holstein Angela Howard Joyclyn Humphries Grant Hutton Phillip Jenkins Richard Jones Aislinn Joynson Brit Keft Helen Kirn Paul Kohn Brylee Lambert Liana Latter Belinda Lawson Jee Ye Lee Kristy Lehmann Simon Lever Samantha Lewis Maree Lewis Kathleen Lewis Nicole Losin Rebecca Lowik Cassie-Marie Lucas Katie Lush Belinda Macartney
Jason Martin Jillian Mason Linda Matanovic Kenneth Maynard Stephen Miles Katie Mills Lorraine Munro Shannon Musumeci Alan Muxworthy Britta O’Hara George Perren Joanne Pitt Norman Pont Kerrie Price Peter Priest Cee Raj Rita Rayer Cheryl Roberts Debra Rothery Naomi Rothery Vicki Ryan Leeanne Sanderson Ankit Shah Kai Shi Kerri Simpson Rebecca Singh Louise Slater Samantha Smith Debra Smith Meg Stafford
Carol Steel Lycinda Steen Frederick (Noel) Stewart Aiden Stewart Lacey Stimson Karen Sullivan Amanda Taylor Lorraine Teece Norbert Tenthy Peter Terrill Peter Thornton Brian Tovey Haison Tran Cheryle Uduste Lainie Uttley Adriaan van Moolenbroek Robert Varcoe Nagaraj Gopisetty Venkata Sallyanne Watson Aleesha Webb Michael West-McInnes Cassandra Weston Terry Williams Jackie Williams Kevan Wolfe Phillip Wolfenden Siu-Mei Jenny Wong Mark Wright Keishia Wrigley Jonathan Yang
Serving Queensland’s Honorary Justices since 1918
11
Q&A Q1 I am often told that you should not use a staple, pin, or clip on a Will because it could be challenged that a codicil may have been attached. What is a codicil?
to identify the client by viewing original identification documents such as a driver’s license or passport or certified copies of identification documents if the originals cannot be produced.
A1 A codicil is an instrument executed by a testator for adding to, altering, explaining, or confirming a will previously made by them. It becomes part of the will and must be executed in the same manner as a will. The word ‘codicil’ comes from Latin, meaning a letter or note. It is only used in relation to making changes to a will document, a testamentary document which operates when you die. You should always seek legal advice when modifying your own will, or advise your customer to seek legal advice if asked about a codicil. As a QJA Member you can have a will made out for free from QJA’s honorary solicitors (Hall Payne).
There are two cases, Graham v Hall in NSW and Young v Hoger in QLD that illustrate the need for a mortgage document to have a proper process of identification of witnesses etc. I think that the QJA has some guidelines about ID etc that should be strongly enforced. Banks will sometimes expect the witness to sign a guarantee that the person signing a document is who they say they are. I would not recommend that such a document be signed as it exceeds the obligation of a witness under S162. Many organisations attempt to stop JPs witnessing documents during working time as they are fearful that any negligence will be sheeting back to the employer although it is common practice for banks e.g. CBA to have designated JPs available to sign.
Q2 I am a JP and an employee of a mortgage broking firm. Is it a Conflict of Interest for me to witness the signature of my clients on Land Title documents?
The amount of potential damages arising from a fraud where reasonable steps were not taken by the JP will be high for the individual JP and so if they do witness documents as part of their employment they need to be sure that proper procedures for identification are in place and that they do not fall into casual practices that have been known to exist e.g. where there are a large volume of transactions to be witnessed.”
A2 As this question calls for a legal interpretation, we sought the advice of QJA’s honorary solicitors (Hall Payne Lawyers) who responded as follows: “The applicable legislation is: LAND TITLE ACT 1994 - SECTION 162 162 Obligations of witness for individual A person who witnesses an instrument executed by an individual must — (a) first take reasonable steps to ensure that the individual is the person entitled to sign the instrument; and (b) have the individual execute the instrument in the presence of the person; and (c) not be a party to the instrument. The Land Title Practice Manual which is recognised in s9A of the Land Title Act 1994 provides as follows: The requirement that a witness must not be a party to the instrument or document is not infringed by an employee of a bank or other entity, who is a qualified witness by virtue of Schedule 1 of the Land Title Act 1994 or s 46 of the Land Regulation 2009 witnessing the execution of an instrument or document that their employer is a party to. For example, a bank officer who is a justice of the peace is not a party to a mortgage to the bank.
12
2016 QJA State Conference Questions Attendees at the 2016 Conference in Rockhampton were invited to submit questions for the QJA Directors to answer. The following are some of the questions posed at conference: Q3 With the execution of an EPA, are there the same rules as with a will i.e. only one signed copy as the original and any further copies to be photocopies of that one original? A3 While there are no “rules” on this matter, an EPA is often termed a “living will” because, just as a will provides the testator’s instructions for the management of their affairs when they die, an EPA provides arrangements for the management of the principal’s affairs while they are still living but perhaps incapable of self-management.
Although no authority is given for that proposition, it appears right because the bank is a party and the witness can never be the bank although there is some concern that negligence of a witness could potentially give rise to both personal liability and to liability for the lender e.g. if the transaction was fraudulent.
We have all seen or heard of cases where the existence of more than one “original” will document causes confusion and uncertainty in the administration of a deceased estate and similar problems might be caused with multiple original EPA documents. By the same token, we are not qualified to provide legal advice, so we should not speculate about any legal consequences for the principal.
Witnessing of Titles Office documents is perilous because it has been held by Courts that witness’s duty of care extends to all parties to a transaction and if the steps taken by the witness to identify the signer are not reasonable, liability could arise. It is important
However, it is a matter of good practice to treat an EPA as a similar instrument to a will and consent to witnessing only one version of the document. We can also offer to provide certification services for photocopies of the original.
Q4 Can a JP fill in an EPA form for the principal?
Serving Queensland’s Honorary Justices since 1918
VOLUME 13 • NUMBER 4 • SUMMER 2016 (assume the principal cannot write as they have Parkinson’s Disease and their hand is unsteady – even though they have capacity). Can the JP still witness the signing of the EPA? A4 The witness to the execution of an EPA is meant to be totally independent of the completion of Part 1. A third party may complete Part 1 as directed by the principal (and that 3rd party may be a different JP) but this should not be the witness.
If it appeared the person who completed Part 1 for the principal also witnessed the execution (Part 2), this may provide grounds for the legitimacy of the document to be challenged. Don’t do it.
related? A7 First of all, witnessing the execution of a will is not a prescribed JP duty. If you are a witness to a will-signing, you will do so as an eligible adult (even though you may choose to declare you are also a JP). In practice though, testators often seek out justices to witness their wills because they expect them to be aware of the proper processes (including the making of log book notes) and believe this might make the execution process more robust.
Q5 If a couple wish to make a Statutory Declaration, given the standard form uses the singular “I”, do both individuals need to make separate declarations or can the “I” be changed to “We”? A5
Although the governing legislation and the standard forms specify the singular “I” to commence a declaration, there is a legislative convention that in cases where a singular term is specified, the plural equally applies.
So there is no impediment to your witnessing a plural declaration, provided the names and addresses of all declarants are specified, all declarants are making exactly the same statement of fact and the content of the jurat makes it clear which declarants’ signatures you are witnessing at that time.
At the end of the day, it is up to the receiving agency to determine what is acceptable in respect of a Statutory Declaration, not the witnessing officer.
Q6 For multipage Affidavits, do you use your seal on each page or only on the jurat? Further, do you sign each page of an annexure or include your seal on the covering Certificate of Annexure (if one exists)? A6 The Uniform Civil Procedure Rules 1999 set out the accepted procedures for Queensland Courts. Rule 432(1) states that both the deponent and the witness must sign every page of an affidavit. Under Rule 432(3), the jurat must indicate the capacity of the witness to take an affidavit (i.e. their rank of office). A justice’s seal is generally used to display their rank of office. Under these rules, the seal is needed only in the jurat.
Under the Uniform Civil Procedure Rules 1999, annexures are described as “exhibits”. Under Rule 435(5)(b), each exhibit must have a covering certificate in the approved form and under Rule 435(6), both the deponent and witness must sign the certificate. So, in terms of these rules, the witness signs only the certificate. Seal of office is not mentioned but it would not be inappropriate to include your seal on the certificate (or front page of the exhibit, if a certificate is not provided).
Q8 If you are presented with an original EPA (together with copies for certification) and you observe it was not completed correctly, do you have an obligation to report this to anyone other than the person presenting it to you? A8 Whether the original EPA was completed “correctly” may be a matter for a court, tribunal or receiving agency to determine. It is not a matter a certifying officer is expected or qualified to determine. If you observe what you believe may be irregularities in the completion of the original document, you might suggest the person presenting the document consider seeking legal advice to confirm its validity.
If the client wishes to proceed with the certification of copies in the meantime, there is no reason to not certify them as true copies of the original (provided they are). You have no obligation to report the perceived irregularity to anyone else though you might note your observations in your logbook.
Q9 What is the minimum age for the making of an affidavit? A9 Any person having the intellectual capacity to take an oath or make an affirmation and who has knowledge of the facts may make an affidavit. There is no age requirement for an affidavit. Q10 Re: the JEO changes to the Mental Health Act to operate from 5 March 2017: (a) Is it a done deal? (b) What drove the change? (c) Who benefits from the change? A10 (a) Yes – legislation has been passed by Parliament and has received Royal assent – the designated implementation date is 5 March 2017.
(b) The decision to replace JP-issued mental health examination orders with an “Examination Authority” process involving mental health professionals was driven by statistics showing an apparently high percentage of inadequately-justified JEOs issued by Justices of the Peace.
(c) Mental patients and their families and friends, the mental health profession and the general public.
While it is useful for witnesses to be aware of the provisions of the Uniform Civil Procedure Rules, always remember it is the role of the receiving court (not the witnessing officer) to determine what will be accepted.
Q7 Is it okay for a JP to witness the will of someone they know personally (and/or with whom they have an indirect relationship) but who is not directly
If you personally know the testator (or they are in some way indirectly related to you), the dilemma is a moral, rather than a legal one. Might your involvement as a witness make the execution process vulnerable to challenge on the grounds of conflict of interest? Unless you are certain this is not the case, it is best to decline involvement and recommend a JP colleague as a substitute.
Serving Queensland’s Honorary Justices since 1918
13 10 15
REGIONAL ROUNDUP The dominant event portrayed in this edition of Regional Roundup is the presentation of QJA Membership Milestone Awards at sites all across the State.
were on hand to enlighten members about State-wide matters and to award 16 of our members with membership milestone certificates and badges.
Caboolture The final meeting for 2016 was held on the evening of 10 November 2016 at the Church of Christ Hall, Caboolture. Thirty (30) members were in attendance, including eight (8) who received Membership Milestone Awards presented by QJA Director John Carpendale.
Milestone Membership Recognition Awards recipients:
Thirty-three members were in attendance to witness and congratulate the recipients and were treated to a delicious supper following official proceedings. One of our long serving JPs is Keith Taylor who was awarded a certificate for over 40 yrs continuous membership of the QJA. Keith is pictured with Branch Chairman John Bell and QJA President, Keith Revell. Congratulations to all recipients (pictured below) - the Gold Coast is fortunate to have access to such a wealth of knowledge and experience:
(L to R) John Olding, Mervyn Gilby, Margaret Barlow, Margaret Coulson, Mary Brown, Helen Guy, Victor Ashton, Peter Walsh
Cleveland Opening of new JP Signing Centre at Birkdale Fair Shopping Centre Thursday 8th September. Service commenced at 6.30pm. The signing centre will operate on Thursday nights from 6.30pm to 8.00pm and Saturdays from 10.00am to 12.00noon. Ray Burrows
Michael Hart (Treasurer), Greg Smith (Branch V-C), Rebecca McKeown (Birkdale Fair Shopping Centre Manager), Christine Wall, Judy Piggott, Lynn Hardman, John Handley, Elaine Housen, and Kevin Clarke
Gold Coast The Gold Coast Branch has been very active these past few months, holding our AGM in August, arranging a visit to Southport Courthouse in September, and setting up a monthly informal discussion group which also kicked off in September. Gold Coast AGM The AGM was held on 9 August 2016 at the Nerang RSL who generously donated the venue for the evening. QJA President Keith Revell and Registrar Wendy LaMacchia
14
Serving Queensland’s Honorary Justices since 1918
Southport Courthouse Visit The Branch organised a visit to the Southport Courthouse on 15th September and was delighted with the interest shown in attending. The Senior Registrar provided some invaluable information about court matters and the JP’s role, as well as a tour of the Court. In addition, members were informed about the specialist Family and Domestic Court which has been established in response to the final report of the Special Taskforce on Domestic and Family Violence in Queensland ‘Not Now, Not Ever’. Due to the popularity of this event, and the positive feedback we received, a further visit will be arranged in the coming months. Informal Discussion Group Many of our Branch members are unable to make it to the regular General Meetings, and consequently miss out on hearing our Guest Speakers and access to professional development. A new initiative, the informal monthly discussion group, has been established where members can get together to talk about a defined topic and share knowledge and experiences. We have scheduled these for the last Friday
VOLUME 13 • NUMBER 4 • SUMMER 2016 of the month at the Nerang RSL Club. To date we have had 2 very successful meetings discussing the Traffic Infringement Notices and Enduring Power of Attorney documents. At our November meeting we will focus on ‘Wills and Witnessing’. This forum is proving to be a great opportunity to meet other JP colleagues and learn so much more. As 2016 comes to a close, the Branch Executive would like to wish our members greetings of the season, Merry Christmas and Happy New Year and trust that you all keep safe and we look forward to an exciting 2017. Joan Kennedy, Branch Secretary
Noosa On Saturday 12 November 2016, Noosa Branch conducted a half-day refresher workshop at the Noosa Leisure Centre. The topics explored were Search Warrants (QJA President, Keith Revell presenter) and Enduring Documents (QJA Director John Carpendale presenter). At the break between topics, Membership Milestone awards were presented.
Mackay & Bowen Region
QJA President Keith Revell presenting to workshop attendees.
Keith presenting Awards to John Heywood (25y) and Max Bourne (40y)
Toowoomba The composite above shows QJA Director and Mackay Branch Chairman, Carmelo Pasquale presenting certificates and badges to attendees at a Mackay Branch gathering. During extra events arranged at Richmond, Hughenden and Home Hill/Ayr, hard-working Carmelo Pasquale made additional Membership Milestone presentations:
Both QJA President Keith Revell and Director Bruce Birtwell were on hand when the Toowoomba Branch conducted its Membership Milestone presentations in October. Congratulations to everyone!
Carmelo was also involved in the following presentations within the Bowen and Whitsunday territory for which he is the patron Director: Rear: Bruce Birtwell (QJA Director & Toowoomba Branch Chairman), Ian Dill, Edward Grundy, Brian Kettle, Noel Jurgs Middle: Alan St John, Geoffrey Lapthorne, Geoffrey Boyle, Leo Camm, Annette Scarborough, William Smith, Keith Revell (QJA President) Front: Howard Littleton, Lawrence Corcoran, Colin Chalk, Shirley Woodrow, Anne Glasheen
Mareeba On the Atherton Tableland, Branch Chairman Mick Dwyer (on behalf of QJA Vice President, Raymond Young OAM), makes a 25 year Award presentation to Greg Williams.
As mentioned elsewhere in this edition of the Journal, the decision has been made for Toowoomba to be the site for the 2017 State Conference and our Branch committee has already undertaken extensive planning to prepare for hosting this event. We encourage all QJA members to come to the Garden City in October 2017 to experience a very worthwhile professional development event in beautiful surroundings at the top of the Range.
Serving Queensland’s Honorary Justices since 1918
15 10
REGIONAL CONTACT INFORMATION BEAUDESERT CONTACT GROUP Valmai Macaulay beaudesert@qja.com.au Telephone: 0418 741 556
GLADSTONE BRANCH Steve Felix gladstone@qja.com.au Telephone: 0413 900 613
LOGANHOLME CONTACT GROUP Pauline Harris loganholme@qja.com.au Telephone: 0428 916 557
BOWEN BRANCH Brian Byrne bowen@qja.com.au Telephone: 0409 445 056
GOLD COAST BRANCH Joan Kennedy goldcoast@qja.com.au Telephone: 0477 510 517
MACKAY BRANCH Maria Valena mackay@qja.com.au Telephone: 0422 636 374
BRISBANE NORTH BRANCH John Carpendale brisbanenorth@qja.com.au Telephone: 0419 683 325
GREATER SPRINGFIELD BRANCH Paul Howard greaterspringfield@qja.com.au Telephone: 0473 221 078
MAREEBA BRANCH Ann Vains mareeba@qja.com.au Telephone: 0419 719 616
GYMPIE BRANCH David Collins gympie@qja.com.au Telephone: 0435 947 760
MAROOCHYDORE BRANCH Angela-Marie James maroochydore@qja.com.au Telephone: 0409 471 008
HERVEY BAY BRANCH Loretta Lashmore herveybay@qja.com.au Telephone: 0448 784 854
MARYBOROUGH BRANCH Larry O’Shea maryborough@qja.com.au Telephone: 0428 889 168
HORNIBROOK BRANCH Lisette Dillon hornibrook@qja.com.au Telephone: 0404 977 057
MT ISA CONTACT GROUP Duncan Cunningham mtisa@qja.com.au Telephone: 0439 746 096
HOWARD CONTACT GROUP Carrol Bond howard@qja.com.au Telephone: 0411 743 585
NOOSA BRANCH Margaret Lewins noosa@qja.com.au Telephone: (07) 5471 0617
IPSWICH BRANCH Deanna McDonald ipswich@qja.com.au Telephone: 0408 195 277
REDLAND CITY BRANCH Ray Burrows redlandcity@qja.com.au Telephone: 0409 499 016
LOCKYER BRANCH Sharon Munro lockyer@qja.com.au Telephone: 0400 554 887
ROCKHAMPTON BRANCH Jane Comollatti rockhampton@qja.com.au Telephone: 0422 596 387
LOGAN BRANCH Brooke Batley logan@qja.com.au Telephone: 0411 727 792
ROSEDALE CONTACT GROUP Jonathan Brown rosedale@qja.com.auTelephone: 0408 068 169
BRISBANE SOUTH BRANCH Samantha Rush brisbanesouth@qja.com.au Telephone: 0403 860 080 BUNDABERG BRANCH Dave Read bundaberg@qja.com.au Telephone: 0405 252 135 CABOOLTURE BRANCH Ron Court caboolture@qja.com.au Telephone: 0419 679 619 CAIRNS CENTRAL BRANCH Margaret Neville cairns@qja.com.au Telephone: 0419 123 090 CAIRNS SOUTH CONTACT GROUP Ralph Powell cairnssouth@qja.com.au Telephone: 0434 510 333 CALOUNDRA BRANCH Helene Baker-Daines caloundra@qja.com.au Telephone: 0413 758 600 CENTRAL HIGHLANDS BRANCH Karen Bray centralhighlands@qja.com.au Telephone: 0438 824 361 FOREST LAKE CONTACT GROUP Reg Connelly forestlake@qja.com.au Telephone: 0403 167 121
ROSEWOOD CONTACT GROUP Alan Broughton rosewood@qja.com.au Telephone: 0404 061 918 SOUTH PINE BRANCH Michelle Goswell southpine@qja.com.au Telephone: 0438 084 889 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: 0448 943 336 TOOWOOMBA BRANCH Gary Fagg toowoomba@qja.com.au Telephone: 0409 347 591 TOWNSVILLE BRANCH Anne Barker townsville@qja.com.au Telephone: 0447 504 771 WARWICK BRANCH Rhonda Eather warwick@qja.com.au Telephone: 0427 580 297 WESTERN SUBURBS BRANCH Noelene Kidd westernsubs@qja.com.au Telephone: 0448 780 491 WYNNUM MANLY BRANCH Michael Dutton wynnummanly@qja.com.au Telephone:0468 331 960
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
Southern Riverina Elizabeth Adam south.riverina@qja.com.au 0427 617 589 Lismore Paul Beckey lismore@qja.com.au 0428 560 467
Sydney (Western Subs) Marie McCabe sydney.3@qja.com.au 0434 992 107
Adelaide Hills Fred Braun adelaide.hls@qja.com.au (08) 8389 9462
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
NT
Jabiru Karen Beare nt@qja.com.au 0417 891 226
Sydney (Inner West) Jim Elmore sydney.1@qja.com.au 0408 870 721
SA
Sydney (North West) Sharon Atkins sydney.2@qja.com.au 0417 479 412
Adelaide Noel J. Lindsay adelaide@qja.com.au 0407 507 773
Deloraine Annette Powell deloraine@qja.com.au 0427 158 648
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
UK (London) Angela Yin london@qja.com.au
Serving Queensland’s Honorary Justices since 1918
UK (Norfolk) Derek Hill uk@qja.com.au
USA (Texas) Tanya Conole usa@qja.com.au