VOLUME 14 12 •• NUMBER NUMBER 42 •• SUMMER WINTER 2015 VOLUME 2017
INSIDE
THIS ISSUE
QJA - ESTABLISHED IN 1918 Official Magazine of the Queensland Justices Association
IT ALL HAPPENED IN TOOWOOMBA
2 COMPANY INFORMATION 3 PRESIDENT’S REPORT 4
CHANGES TO BOARD COMPOSITION: I NTRODUCING NEW DIRECTORS AREWELL TO F DEPARTING DIRECTORS
6 2017 STATE CONFERENCE REPORT 8 QJA ANNUAL AWARD WINNERS
State Conference personalities: Keith Revell (QJA President), Hon Catherine Holmes (Chief Justice & QJA Patron), Dr Mark Copland (Executive Officer, Social Justice Commission), Uncle Darby McCarthy (Aboriginal elder) – See Conference Report – pages 6-7.
9 MORE FROM TOOWOOMBA: AGM REPORT LARIFICATION C & CORRECTION NOTICE GALA DINNER 10 OTHER NEWS 11 ROLL OF HONOUR
Bruce Birtwell (Toowoomba Branch Chairman) with Special Scholarship Awardees Daniel Akech, Stella Boyle-Fuery and Aguer Ajang Bior - See story on page 7.
12 Q & A 14 REGIONAL ROUNDUP 16 REGIONAL CONTACTS INSERT REDLAND CITY BRANCH WORKSHOP REGISTRATION FORM
QJA Annual Award Winners Gold Coast Branch (Community Engagement & Branch of the Year) represented by Helen Morrow (Treasurer), Carol Drovandi (Committee) & Joan Kennedy (Secretary) and Ron Court (Member of the Year) with new QJA President (John Carpendale) - Read more on page 8.
Serving Queensland’s Honorary Justices since 1918
Board of Directors
PRESIDENT & CHAIRMAN OF THE BOARD The Honourable Chief Justice
Patron
Mr Ray Burrows JP (Qual) Catherine E Holmes
Board of Directors President
Vice President
Telephone (07) 3822 1366 Mobile 0409 499 016 Email ray.burrows@qja.com.au
VICE PRESIDENTS
John Carpendale JP (Qual)
M: 0419 683 325 Telephone (07) 3812 1865 Mr Bob Pilkington JP (Qual) E: john.carpendale@qja.com.au Immediate Past President Mobile 0438 121 865 Email bob.pilkington@qja.com
Marian Vierveyzer JP(Qual) M: 0415 418 320
Telephone (07) 3389 2481 Mrs Marian E: Vierveyzer JP (Qual) marian.vierveyzer@qja.com.au Mobile 0415 418 320 Email marian.vierveyzer@qja.c Directors
Glenyce Hull JP(Qual)
M: 0439 746 219 Mr Raymond Young OAM E: glenyce.hull@qja.com.au
Joan Kennedy JP(Qual) M: 0477 510 517
Telephone (07) 4927 4155 JP (Qual) E: joan.kennedy@qja.com.au Mobile 0405 624 648 Email ray.young@qja.com.au Bronwyn McEntee JP(Qual)
Chris Lancaster OAM JP(Qual) M: 0448 504 404 E: chris.lancaster@qja.com.au
M: 0424 338 381
DIRECTORS E: bronwyn.mcentee@qja.com.au
Mr David Re Mr John Gordon JP (Qual) Telephone: (0 Mobile: 0415 589 047 Graeme Moorhouse JP(Qual) Carmelo Pasquale JP(Qual) Mobile: 0405 Email: john.gordon@qja.com.au M: 0439 964 899 M: 0408 879 182 E: Graeme.moorhouse@qja.com.au E: carmelo.pasquale@qja.com.auEmail: dave.r
.au
Mr Keith Revell JP (Qual) Telephone: (07) 3803 4337 Keith Revell JP(Qual) Garth Stephens JP(Qual) Mobile: 0411 134 841 M: 0411 134 841 M: 0481 550 721 Email: keith.revell@qja.com.au E: garth.stephens@qja.com.au E: keith.revell@qja.com.au
JP (Qual) 4152 3318 (AH) 2 135 @qja.com.au
dale JP(Qual) 3353 2927 683 325 endale@qja.com.au
Mr Doug Hull JP (Qual) Queensland Justices Association State Office Telephone: (07) 4128 0294 Email: doug.hull@qja.com.au
Mr John Carp Telephone (0 Mobile 0 Email john.ca
Mr Christoph Mobile: 041 Email: chris.
Porter JP(Qual) 48 189 ter@qja.com.au
Coordinator Membership Officer Merchandise Officer QUEENSLAND JUSTICES Training ASSOCIATION - ACN 009 666 559 – ISSN 1839-2784 Cindy Revell JP(Qual) Gabor Beres Aaron Dunster JP(Qual)
Business Manager and Registrar Wendy La Macchia JP(Qual) E: admin@qja.com.au
E: training@qja.com.au
E: memberships@qja.com.au
E: merchandise@qja.com.au
The Queensland Justices Association (QJA) is a not-for-profit publicACN company limited 009 666 559 – ISSNby 1839-2784 751 Stanley by Street, Woolloongabba, Qld 4102. guarantee operating under the Corporations Act 2001 and is governed a Board of Directors.
PO Box 8419, Woolloongabba, Qld 4102 Freecall 1800 061 423; Phone (07) 3392 2455 751 Stanley Street, Woolloongabba, Qld 4102. E:admin@qja.com.au www.qja.com.au PO Box 8419, Woolloongabba, Qld 4102
Registered Office: Postal Address: Office Hours: Monday – Friday 8.30am to 4.30pm 392 2955The QJA Journal is compiled by an Editorial Board on behalf of the QJA. | Editor John Carpendale Deputy Editor: Joan Kennedy. The views expressed in articles & advertisements published the QJA061 Journal are not- necessarily the views of the3392 Queensland Justices Contact: Free call: in1800 423 Telephone: (07) 2455 - Association Facsimile: (07 or the Board of Directors.© Queensland Justices Association claims copyright to all material published in this Journal. No material may be copied or Email: admin@qja.com.au reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au Website: www.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) Facebook: www.facebook.com/QldJusticesAssn Registrar: Serving Queensland’s Honorary Justices Angela since 1918 Yin BA (Journalism), GradDipSocAdmin, MHumanServ, Cert IV 2
eensland Justices Association
VOLUME 14 • NUMBER 4 • SUMMER 2017
PRESIDENT’S PAGE Fellow QJA members, In my first report as your newly-elected QJA President and Chairman of the Board, I’d like to reflect briefly on some recent developments and then look forward to what lies ahead. QJA Board election results At the Annual General Meeting held in Toowoomba on Saturday 4 November 2017, the results of this year’s Board election were announced. John Carpendale and Marian Vierveyzer were elected President and Vice President respectively (both unopposed) while in the ballot for eight (8) board member positions, the successful candidates (in alpha order of surname) were: Glenyce Hull, Joan Kennedy, Chris Lancaster OAM, Bronwyn McEntee, Graeme Moorhouse, Carmelo Pasquale, Keith Revell, and Garth Stephens. This new Board comprises a balanced blend of experience (half with multiple years of QJA board experience) and renewal (the other half being very new to the job). The new directors (personal profiles published on pages 4-5) will provide an injection of new ideas and bring a diverse background of previous experiences and achievements. It is an exciting time to be part of this new QJA Board of Directors. Departing directors On behalf of the Board, I convey our thanks to the departing directors. Raymond Young OAM and Dave Read (Board members for 14 and 10 years respectively) both elected not to renominate in 2017. Bruce Birtwell (director for the previous 2 years) was unsuccessful in contesting this election. We also thank Mike Tidbold whose ill health prevented him from contesting the 2017 election. The input of all these former directors to Board deliberations was significant and will be missed. Leadership baton change Both the Board and its new Chairman are gratified that outgoing President, Keith Revell (limited by the Constitution to serving in that position for a maximum of 2 terms [4 years] consecutively) remains an integral part of the Board fabric, albeit in a different role (Board Member). Keith’s inspired leadership and stewardship during his two terms at the helm has enabled QJA to evolve into the vibrant and successful membership organisation it is today. My challenge is to retain the continuous improvement momentum and to build on the sound foundations Keith’s leadership has established. Toowoomba State Conference With a theme of Justice in Diversity on the Range, the 2017 QJA State Conference, held in Toowoomba on Saturday 4 November, was an outstanding success. A joint venture of organisation between Toowoomba Branch, Lockyer Branch and QJA State Office, the content of all presentations was consistent with the conference theme and was well received by attendees. A detailed report on the Conference is featured at pages 6-7. Attendees were also able to enjoy a meet-ngreet function on the Friday night and the Conference Dinner on the Saturday night. Congratulations to all concerned in putting together this quality QJA event. Annual General Meeting Immediately following the State Conference, the 2017 QJA Annual General Meeting was conducted. A summary of the
matters discussed and determined at that meeting, together with a Clarification and Correction Notice, are published on page 9. QJA Awards Congratulations also to the winners of the 2017 QJA Awards – Gold Coast Branch (Community Engagement Award plus Branch of the Year) and Ron Court (Member of the Year). A summary of the distinguished achievements recognised by these awards can be found on page 8. Strategic Planning On the Sunday following the State Conference, all 10 members of the new Board, together with the QJA Business Manager, participated in a full-day, facilitated strategic workshop with three objectives: (1) to get to know more about each other, (2) to establish an understanding of where the business is currently at and (3) to contemplate what we need to do to continue guiding the organisation on a positive and progressive path. During these deliberations, we confirmed a commitment to the four strategic goals established by the previous Board: * Training and Professional Development; * Membership; * Marketing; * Community Engagement and we added a 5th strategic goal: * Branch Leadership and Development. Over the coming months, the relevant Board working parties will oversee implementation of action plans associated with each of these five (5) key result areas. Looking ahead As 2017 draws to a close, we look ahead to our centennial year (2018) with great enthusiasm. The paramount centennial event will be the 2018 State Conference at the Brisbane Convention Centre on Saturday 3 November. This promises to be something really special and we suggest you mark it in your diary right now. As well, there will be multiple other centennial events, competitions and celebrations spread throughout the year and across the State. We will keep you informed. Future Vision While we still aspire to be the pre-eminent organisation for Queensland honorary justices (and we have made considerable progress towards achieving this status) we also want QJA to be recognised and acknowledged as the centre of excellence for best practice Justices of the Peace and Commissioners for Declarations. Season’s Greetings To you and your loved ones, a Merry Christmas and a Happy New Year.
John Carpendale, QJA President Serving Queensland’s Honorary Justices since 1918
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CHANGES TO BOARD COMPOSITION Introducing – Bronwyn McEntee
Introducing – Chris Lancaster OAM
Hello QJA members, and thank you for electing me to the Board of QJA. I have been a JP(Qual) for 2 ½ years, volunteering at Richlands Courthouse and Orion Shopping Centre, and serving as Treasurer of QJA Greater Springfield Branch and roster coordinator for Orion. My professional experience covers more than 30 years in financial services in Australia and Hong Kong. So a little bit about me. I was born and raised in Brisbane, but as a true “Thursday’s child”, I have travelled most of my life. From a childhood attending four primary schools in Brisbane and Sydney, to living in Japan (6 years) and Hong Kong (17 years), I have always enjoyed new cultural experiences and meeting different people. I love languages, studied French and German at All Hallows’ School, and speak fluent Japanese and basic Cantonese. I was encouraged by my parents, who both left school at 14, to aim high academically, and obtained a BA(Hons) from University of Queensland and MCom from University of New South Wales. Professional qualifications include a Graduate Diploma in Applied Finance and Investment and AICD’s Company Directors Course. Geoff and I have been married 31 years, becoming the proud parents of son Peter (now 3rd year Commerce degree) and daughter Leigh (just finished Year 12) while in HK. Oh…and not to forget our four legged family member, Sable, a black labrador who blends nicely into the dark grey carpet in the living room! But back to Hong Kong…in 1994, Geoff was recruited to join a construction company there. I followed him as the “trailing spouse”, joining Standard Chartered Bank in their trust business, before transferring to the wholesale banking division. I was actively involved in the Bank’s social responsibility initiatives including ORBIS, the flying eye hospital. A treasured memory is travelling to Sichuan Province in China to see in situ the equipment donated by the Bank to hospitals in rural China. My children came with me and it was a joy to see them playing with village children whose sight had been saved through the ORBIS programme. Now that our daughter has finished school and my taxi services are no longer required, Geoff and I plan to spend more time at our weekender near Esk where we have a big shed (for Geoff to restore a couple of classic cars) and a small house (for me to relax with my roses and craft). I look forward very much to serving QJA members in my new capacity as Director, with a strong focus on corporate governance, professional development for members and key stakeholder engagement.
A Sunshine Coast resident for the last three decades, Chris has embraced a multitude of support roles within that community (including resident QJA trainer and assessor and Chairman of the QJA Maroochydore Branch). He is now also a QJA director. In recogition of his outstanding service to the Sunshine State community over an extended period, Chris was awarded an Order of Australia Medal (OAM) in the 2016 Queen’s Birthday Honours listing. Born in Hobart, Tasmania, Chris grew up in a southern suburb of Taroona where he attended local schools including Taroona High School (also the alma mater of Princess Mary of Denmark). In his late teens, Chris moved to Sydney where he lived for a number of years before arriving at the Sunshine Coast in the 1990s. Once he met the love of his life - Lyn – he was not going anywhere else. Happily married, they now have four children and seven grandchildren. Academically, Chris holds post graduate degrees in both Business and Professional Management. An Associate Fellow of the Australian Institute of Management (AIM), Chris has also studied Emergency Management, Counselling and Mediation, Psychological First Aid and Suicide Prevention and Intervention, all disciplines in which he an accredited trainer. Chris served on the management team of Lifeline Community Care Queensland for fourteen years, twelve years of which he was the general manager of Lifeline Sunshine Coast and two years as the State Manager of Community Recovery Operations for Lifeline Community Care Queensland. His hobbies include being involved as an Elder of the Christian Fellowship of Noosa. He has written and published two Christian books. “Seeking the Truth:” and “On Heaven’s Path”. These are being sold around the world in almost all countries except nonChristian Russia, North Korea and Saudi Arabia. His purpose in writing these books is to share with others the great joy and satisfaction he derives from his faith. On his retirement from employment in 2012, Chris became involved with a project to establish a Medical Clinic in Luganville, Vanuatu – a facility which now provides a primary health care service to the 166,000 people who live on the nation’s northern islands. Chris now undertakes an annual pilgrimage to Vanuatu to deliver training course sessions to classrooms of locals involved in providing essential medical, paramedical and emergency support services. In his role as a QJA director, Chris is committed to improving the benefits for QJA members and maintaining QJA’s status as a leading registered training organisation.
Farewell & Thanks – Bruce Birtwell
Farewell & Thanks – Dave Read
Bruce was elected to the QJA Board in November 2015 and, in his 2 years as a director, consistently demonstrated his commitment to the role, travelling (at his own expense) monthly, to and from Toowoomba to attend Brisbane meetings and participating actively in several Board committees. He was unsuccessful in the 2017 election. 4
Serving Queensland’s Honorary Justices since 1918
First elected to the QJA Board in 2007, Dave Read has been an integral part of the QJA Board for the last 10 years. A passionate advocate for QJA members in regional areas, Dave was personally responsible for the establishment of several QJA branches and contact groups. Thank you Dave.
VOLUME 14 • NUMBER 4 • SUMMER 2017 Introducing - Glenyce Hull I am Glenyce Hull, wife to Doug. We enjoy living in Toogoom an outer suburb of Hervey Bay. I am mother to 2 adult daughters, and Nanna to 8 grandchildren, ranging in age from 7 – 18. Three of these are now “P” plate drivers, a fourth just receiving her learner’s licence. One daughter lives in Darwin and the other lives in Rockhampton. I work full time with Queensland Health – Public Health Unit, and have been there 23 years. I look after the Business functions of the unit, covering finance, HR, and premises management. I have also worked on a Youth Suicide prevention pilot project many years ago, then working on a Falls Prevention in Older Persons project. Previous to that, we lived in Darwin for 17 years, arriving in 1977 when Doug was posted there with the Air Force. I have been a JP since 2003, member of the local Hervey Bay branch, holding positions of Secretary, Treasurer, and Social functions organiser. I enjoy JP duty at one of our local shopping centres and meeting with our local JP branch members and their families at social functions. I was born in Hobart a “few” years ago and enjoy getting back there, catching up with family and visiting sites from my childhood and discovering new places. Recently in Hobart, we found Mt Hull, named after Doug’s Great, Great Grandfather. There is a lot of History in Hobart with Doug’s ancestors. I love catching up with family, and spending time with my grandchildren. On a recent trip to Darwin, we thoroughly enjoyed four weeks with family, one weekend on a vintage car rally. Each of my grandchildren had a vehicle to drive (on private property) - I was navigator for 11 year old Emily. She won trophies for improving her times and her driving. My hobbies include dressmaking (with many hours spent over the years) making wedding and formal dresses, sewing for my family, making both my daughter’s wedding & bridesmaid dresses and now the grand-daughters are lining up. I love my garden – although not the best gardener, (I hate weeding). While I enjoy cake decorating, I thoroughly enjoy being a coach with Weight Watchers. I started coaching earlier this year after completing my own weight loss journey. I enjoy helping and encouraging the members who attend.
Farewell & Thanks - Mick Tidbold Appointed to fill a casual vacancy as a QJA Director in February 2017, Mike was an active and innovative contributor to Board proceedings. Unfortunately his indifferent health prevented Mike from completing his term of office and from renominating for election at the 2017 poll. We wish him well.
Introducing – Joan Kennedy A one-time Registered Nurse and Midwife, Joan is married with two grown up children and four grandchildren, and has a range of skills she intends to use in her role of director. Joan became a C.Dec in 2014 and a JP (Qual) in 2015. She is an enthusiastic member of the Gold Coast QJA branch and has been branch secretary in 2015. Joan established a monthly discussion group for JPs and has been involved in organising workshops, community forums as well as tours of the Southport Courthouse. Before moving from Brisbane to the Gold Coast Joan was the Manager of Board Services for the Australian Health Practitioner Regulation Agency. Consequently, Joan has an excellent knowledge of Board governance, financial management. Joan also has considerable experience with policy development, risk management, and quality improvement activities. She has a keen eye for detail and is in the process of taking up the role of the QJA Journal Editor. Joan sees the role of director as a challenging one and that’s something, along with a spirit of adventure, that has been a hallmark of her life. She recalls visiting the Brisbane Centenary Pool aged 10 and, much to the horror of her parents, thought nothing of diving head first into the pool from a 10 metre diving tower. After completing her nursing training at the Royal Brisbane Hospital, Joan headed for swingin’ London to further her career. This is where she met and married her husband Douglas and together they travelled around Europe. Five years later Joan and Douglas set off from London to Australia overland. Firstly, through Europe and then on to exotic Asia through Iran and Afghanistan on trucks and pedal powered rickshaws as well as buses of questionable mechanical quality. After stopping over on the beautiful lakes of Kashmir to check out the remnants of the British Raj they made their way through India and South East Asia and on to Brisbane to start a family. Travel remains a keen interest for Joan, with Africa and the Antarctic the only continents still on the bucket list. Theatre and the performing arts are also great passions as well as dining out with friends. Last, but not least, Joan would like to thank and acknowledge all of the members who cast their vote for her in the recent election of the QJA Board of Directors. Joan with daughter Shelley & husband Douglas
Farewell & Thanks – Raymond Young OAM The last edition of the Journal paid tribute to Raymond’s distinguished Board service over the last fourteen (14) years. A strong advocate for the regions and, in particular, Central Queensland, Raymond’s companionship and contributions to the Board and the QJA membership in general will be missed. Serving Queensland’s Honorary Justices since 1918
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2018 STATE CONFERENCE REPORT Bright and early on Saturday 4 November, the enthusiastic members of the conference support committee (comprising representatives from both Toowoomba and Lockyer Branches) were in attendance at the Toowoomba City Golf Club, making final preparations for the anticipated arrival of 130+ delegates and guests. In their distinctive purple-trimmed conference polo shirts, the local conference support crew cheerfully welcomed delegates and processed their registrations ahead of the start of the Conference’s business program. Promptly at 8:30am, Master of Ceremonies (and local ABC radio personality) David Iliffe announced the commencement of proceedings and, after demonstrating, by a show of hands, that attendees included representatives from virtually all regions of Queensland, introduced local Aboriginal identity and elder (and former champion jockey) Uncle Darby McCarthy to perform a traditional Welcome to Country. Then followed the official welcome by the Mayors of the Toowoomba Regional Council (Cr Paul Antonio) and the Lockyer Valley Regional Council (Cr Tanya Milligan) both of whom described in glowing terms the scenic, cultural, commercial, agricultural and pastoral virtues of the vibrant regions they represent.
The QJA Patron, the Honourable Chief Justice Catherine Holmes, was then invited to officially open the conference. Following her highly-regarded appearances at previous QJA State Conferences, Chief Justice Holmes is now firmly entrenched as QJA’s number one annual conference guest. Once again she entertained and educated the audience with her self-effacing and humorous anecdotes while demonstrating her intimate knowledge of both QJA and justice of the peace history. QJA is blessed indeed to have the ultimately professional Chief Justice Katherine Holmes as its patron. Her conference presentation, which was live-streamed on Facebook, may be viewed at this link: Video 6
Serving Queensland’s Honorary Justices since 1918
The final two representatives of the conference’s Official Guests panel were then asked to speak to delegates. First, State Member for Toowoomba South, David Janetski MP, thanked visitors for spending time in his electorate and thanked all honorary justices for the valuable service they provide to their respective communities and then QJA President, Keith Revell, welcomed all delegates and encouraged them to make the most of this unique networking opportunity. The Keynote presentation – setting the scene for the conference theme – Justice in Diversity, on the Range – was delivered by Robert Lachowicz, Education Officer, Refugees and Immigration Legal Service Inc (RAILS) and Dr Mark Copland, Executive Officer, Toowoomba Social Justice Commission. Before speaking to his prepared paper, Robert Lachowicz entertained the audience by showcasing his mastery of the rap music genre, vocalising a self-written piece describing the first European arrival to Australian shores. Robert’s presentation, titled Immigration Law Issues for JPs, touched on the legal framework surrounding migration in Australia, provided a snapshot of the Australian migration program, explained the diverse background of refugees and asylum seekers and outlined the role played by RAILS in guiding new arrivals through this complex administrative maze. All migrants and refugees will, during the process of being assimilated into Australian society, need to have their documents processed by a JP or C.Dec. To effectively communicate with these clients, it is helpful for witnessing/certifying officers to have an understanding and appreciation of the traumas and difficulties they may have previously encountered. To download a copy of Robert’s presentation slides, click here. Dr Mark Copland then addressed delegates to explain the successful role played by the Toowoomba Social Justice Commission in assisting the re-settlement of new migrants in the Toowoomba region. Mark is heavily involved in day to day support and advocacy for asylum seekers living in the Toowoomba region and played a key role in having Toowoomba declared a Refugee Welcome Zone. He has worked for justice and peace in partnership with people from a range of faith backgrounds over the past two decades. Mark explained how, as a result of more recent multicultural migration influxes, the faces of regional Australia have changed – perhaps forever. While Australia has always been a migrant nation, a dominant trend over recent decades had been migration away from the regions to the larger cities. However, this trend has more recently been reversed to some extent with the introduction of successful refugee re-settlement programs to attract migrants from dominant rural community nations to help re-populate regional Queensland. Toowoomba has been a significant success story in this regard.
VOLUME 14 • NUMBER 4 • SUMMER 2017 After a break for morning tea, the Registrar and Manager of the JP Branch of the Department of Justice and Attorney General, Damien Mealey, addressed conference to outline the initiatives undertaken by his office to recognise and acknowledge increasing cultural and religious diversity within the communities serviced by practicing JPs and C.Decs. All JP Branch communications (handbooks and bulletins) specifically reference the importance for honorary justices to understand and appreciate the differing cultural, familial and religious norms that might apply to clients whose families originate from another country. Practicing JPs and C.Decs are encouraged to embrace new knowledge and new models of operation. The QCAT trial using JPs(Qual) as small claims adjudicators was cited as an example of diversity within the work undertaken by different groups of honorary justices. The identification by the JP Branch of the need for a resident honorary justice to service the communities of the outer Torres Strait Islands, the selection of a suitable candidate and the subsequent training and appointment of that person was also mentioned as evidence of his office’s capacity to respond to the diverse needs of different communities. At the conclusion of his presentation, Damien made special certificate presentations to recognise the significant contributions to Queensland’s JP program by QJA directors, Dave Read, Keith Revell and Raymond Young OAM. QJA President Keith Revell then made presentations to recognise the exceptional work undertaken by Greg Cuthbert (author of edition IV the QJA Guide - pictured) and QJA trainers, Brooke Batley, Chris Lancaster and Harvey Lloyd (responsible for revision and update of the QJA pre-appointment training resources). The next business session presentation was made by Yolanda Battison from Murdoch Lawyers who spoke to the topic: The Intersection of Cultural Diversity & Family Law. Yolanda highlighted the fact that 27% of the Australian population is born overseas and, of the 1/3rd of marriages that end in divorce, 40% involve a couple where one or both partners are born overseas. As more and more family law court documents need to be witnessed by honorary justices, it is critical JPs and C.Decs have an understanding of the functioning of the family courts and the impacts on clients from different cultural and religious backgrounds. Yolanda’s presentation covered these areas. To download a copy of her presentation slides, click here.
the mechanics of the Crime Stoppers program in Queensland, its purpose (to deliver the means for the community to provide information that supports the Queensland Police Service and other government and community agencies in solving and preventing crime), national statistics on stateby-state success rates and an examination of why the Queensland program is far and away the most successful in the nation. Click here to download a copy of their presentation slides. Perhaps the highlight feature of the conference was the introduction to delegates of the winners of the QJA Toowoomba Branch’s Community Engagement initiative (see front page photo). The initiative was to sponsor three members of the local refugee community to undertake the QJA pre-appointment JP training program. You can read the winners’ profiles here and discover more detail about the overall initiative by clicking here. The final guest presenter was Karalise Goodwin from the Office of Registrar of Titles, who addressed the technical topic: Issues met by JPs & C.Decs in processing Land Registry Documents. Of particular interest in this presentation from Karalise was her reference to the unique Torrens system of centralised government registration of titles to freehold land or water rights which was developed in Australia and is now used in multiple other countries throughout the world. Karalise explained that about 60% of the 759,000 title dealings lodged in 2016-17 (47% of which being Transfer or Mortgage transactions) were witnessed by JPs/C.Decs. Her presentation also covered cultural and diversity aspects of Title Registry work and the Registry’s best practice guidelines for the witnessing of their documents. To download a copy of the Title Registry presentation slides, click here. Following the afternoon tea/networking break, the QJA Board of Directors assembled at the front of the auditorium to answer delegates’ questions. The topics on which clarification was sought included fixed-term appointments, witness certificates, JP(Retired) category, QJA Journal distribution and accreditation for JPs/C.Decs. To conclude a very successful conference, MC David Iliffe thanked the wonderful organising committee (pictured below in their distinctive attire) and, after the drawing of raffle prizes, declared the 2017 QJA State Conference closed. Congratulations Toowoomba and Lockyer Branches!
Following the networking lunch break, conference resumed to hear a joint Crime Stoppers presentation delivered by volunteer Jim Curtis and Sergeant Scott McGrath (photo next column) to explain the history of the concept, Serving Queensland’s Honorary Justices since 1918
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QJA ANNUAL AWARD WINNERS The QJA Awards committee considered all applications against the published selection criteria with the objective of awarding those that could demonstrate the making of ambassadorial contributions to the advancement of the QJA. Details of entries and winners in each of the three categories are:
Community Engagement Award nominees were received from Rockhampton Branch for their involvement with the Heritage Village Markets and Gold Coast Branch (winner) for their Domestic Violence forum.
a survey and responding to the concerns of its members. Training Excellence - The Branch engaged a guest speaker at each general branch meeting and conducted two Professional Development Workshops in 2017. The June workshop which focused on Affidavits, and was attended by 37 members. Marketing – raising the QJA profile - The branch advertised through local online publications, electronic bulletin boards, community radio, Council and MPs newsletters. Local MPs were invited to speak at workshops and at the domestic violence forum. The branch uses their branch banner prominently at workshops and other events. In appreciation for a meeting venue donated by the Nerang RSL, the Branch provides a weekly signing service which is continually promoted via rolling electronic billboards throughout the venue. Community Engagement – The Branch held a domestic violence forum in February 2017 (2017 Community Engagement Award winner).
Member of the Year – Nominees were Pauline Kilburn The Gold Coast branch submission explained how the Queensland Government had commissioned Dame Quentin Bryce AD CV to head up the Domestic and Family Violence Taskforce which made 140 recommendations, one of which was to set up a Specialist Domestic Violence Court. The Gold Coast was chosen as the location for such a court and local JPs and C.Decs reported seeing an increase in the number of documents related to family court matters. Branch Members visited the Southport Courthouse where they were exposed to the workings of the Specialist Domestic Violence Court. Branch members were very interested in this topic and so a forum on domestic violence was organised inviting the general public who heard how to access services and get help when trying to deal with domestic violence issues and was open to non-members, giving an opportunity to promote the QJA and encourage people to take up membership. The Forum was held in conjunction with a professional development workshop, giving contact with local service providers and a broader understanding of the subject. Advertising was done through varying media. Registrar Wendy La Macchia sent regular broadcast emails which proved to be an effective marketing strategy as registrations rose quite sharply following each email distribution. Marketing to non-QJA members was carried out through the local signing centres and the alternative justice association. Fourteen (14) non-QJA members registered for the event. Marketing to the general public was done through the Local MPs communiques, a number of electronic billboards and two newspapers articles.
Branch of the Year Award nominees were Caboolture, Mackay, Rockhampton and Gold Coast branches. The winning Gold Coast Branch nomination addressed all of the selection criteria in a professional manner and, in doing so, demonstrated the following achievements: Member Engagement & Growth was achieved by determining the professional development needs of the members through
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Serving Queensland’s Honorary Justices since 1918
from Redland City Branch and Ron Court from Caboolture Branch (the winner). A joint entry nominating QJA Trainers – Chris Lancaster, Harvey Lloyd and Brooke Batley - for their outstanding effort as part of the sub-committee to develop training materials to fulfill the requirements of the new 10276NAT Course in Providing Community Justice Services (Justice of the Peace (Qualified) and Commissioner for Declarations) was recognised separately. Ron Court, a member of the Caboolture branch was appointed as a JP (Qual) in October 2004. In 2011, Ron established the Caboolture Branch with a handful of members meeting at the local coffee shop. He served as Chairperson and Publicity Officer of the branch for six (6) years and, under his leadership, held Workshops, Refreshers and monthly meetings at various locations. Ron introduced and organised the first Friends and Neighbours day held at Redcliffe together with the Hornibrook Branch. Ron remains the Branch’s Trainer and has trained many of Caboolture’s newest JPs and C.Decs. Ron served as a QJA Director from 2013-2015 and considers the 2015 State Conference as his leading achievement. Ron also holds the position of Secretary of the local RSL Branch and volunteers his JP services for Veterans.
Summary - The QJA Awards were created to recognise ambassadorial contributions to the advancement of the QJA and, as demonstrated above, our winners have delivered with outstanding efforts. The Board and the Awards Committee would like to congratulate the winners and thank the nominees for their efforts and challenge members to consider their nominations for 2018 where the winners will be awarded at the Centenary Dinner. Marian Vierveyzer, QJA Vice President (& Awards Committee Chair)
VOLUME 14 • NUMBER 4 • SUMMER 2017
AGM Report Immediately after the closing of the State Conference, delegates were invited to remain at the same venue and attend the 2017 Annual General Meeting of the Queensland Justices Association. The following is a summary report on the proceedings at the 2017 AGM. The official minutes of the meeting are published in the Member-Link Portal of the QJA website or may be viewed at the QJA State Office. Report on the 2017 AGM – held at the City Golf Club, Toowoomba at 4:16pm on Saturday 4 November 2017. (Note: to protect individual privacy, the names of persons associated with the meeting are not published here but are maintained in QJA records) Members present, proxies received and apologies. Present – as per attendance list – 65 Proxies - as per proxy schedule – 18 Apologies - 6 Minutes of 2016 AGM and business arising Moved RC, seconded KK that the minutes (an abbreviated version of which was published in the 2016-17 Summer edition of the Journal) be confirmed as a correct record. CARRIED President’s Report 2016-17 (as published in the Spring 2017 edition of the QJA Journal) Moved KR, seconded CP that the President’s Report be accepted. No discussion. CARRIED Directors’ Report 2016-17 (as published in the Spring 2017 edition of the QJA Journal) GC asked whether the Indemnifying Officers or Auditor statement in the report, to the effect that no indemnities had been given or insurance premiums paid, in respect of officers or auditors, was accurate. The Chairman responded that directors and officers insurance was in place but the published statement related to a timing issue concerning the payment date for the insurance premium. Moved KR, seconded HM that the Directors’ Report be accepted. CARRIED Financial Statements 2016-17 (as published in the Spring 2017 edition of the QJA Journal) The Chairman drew attention to the financial statements being subject to an audit review by an external auditor (AH Jackson & Co) although under the Corporations Act, this level of sign-off was not required for a company the size of QJA. No questions were asked. Moved KR, seconded CL that the audited financial statements be adopted. CARRIED
is proceeding well and improving. The Chairman reported that QJA had signed an extension to its lease on premises at Woolloongabba and the landlord has advised he is considering selling the building. RW sought clarification on whether the financial statements had been reviewed or audited. The Chairman responded that auditors had undertaken a sample audit but had not examined everything. GC asked whether the 2018 Centennial Conference would place any financial strain on the organisation. MV responded that the event is expected to produce a cost neutral outcome.
Meeting Closed 4:48pm
Clarification & Correction Notice Subsequent to the holding of 2017 AGM, clarification has been sought about the responses provided to two questions asked during the meeting (see abbreviated minutes above). As a result of investigations undertaken in relation to these matters, the QJA Board issues the following clarification and correction: Indemnifying Officers or Auditor The statement published in the 2016-17 Directors’ Report (and the reports for the preceding five years) was incorrect in that some crucial words were omitted. The correct statement (with previously missing words in bold) should have read: No indemnities have been given or insurance premiums paid, during or since the end of the financial year, for any person who is or has been an officer or auditor of the company, that are prohibited by the Corporations Act. Audit or Review? The process undertaken by AH Jackson and Co in examining the financial records of QJA was an audit, not a review. Because QJA is a company with an annual revenue of less than $1 million, it may elect to undergo a review instead of an audit but has determined to undertake the more rigorous audit process. The QJA Board acknowledges that in respect of both these matters, the responses provided at the 2017 AGM (and, with the insurance issue, the content of previous directors’ reports) suggested different interpretations and for any misunderstanding caused, we apologise unreservedly.
Gala Dinner
Election of Board for 2017-2019 On behalf of the Returning Officer (John Payne, solicitor), QJA Registrar, Wendy La Macchia read to the meeting the results of the 2017 election. The successful candidates were: President: John Carpendale Vice President: Marian Vierveyzer Board Member: Keith Revell Bronwyn McEntee Chris Lancaster Garth Stephens Glenyce Hull Joan Kennedy Graeme Moorhouse Carmelo Pasquale
General Business DH asked about the implementation of the new membership management system. The Registrar responded that the process
On the evening of the Toowoomba State Conference and AGM, delegates and their guests attended the conference dinner. On arrival, attendees were entertained by the Toowoomba Choral Society Youth Choir and then enjoyed a sumptuous meal in the company of colleagues. During the function, the QJA Awards for 2017 were presented (see report on facing page) and guest dinner speaker, Detective Inspector Paul Hart (Queensland Police Service) delivered an enlightening presentation describing the remarkable change that policing has undergone, particularly in terms of increased diversity, in the period since he was first inducted to the service. To download a copy of Paul’s presentation slides, click here. Serving Queensland’s Honorary Justices since 1918
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OTHER NEWS Centennial celebration
QCAT News
As we approach the start of 2018, QJA’s centennial year, it’s time to share with you some of what we have in store. The major celebration will be the Centennial State Conference at the Brisbane Convention and Exhibition Centre on Saturday 4 November which will be accompanied by a blacktie Centennial Dinner at the same venue that evening. Mark that date in your diary – it promises to be something really special.
The appointment of Justice Martin Daubney as the new President of QCAT was announced in October. Justice Daubney was appointed to the Supreme Court in 2007, after a long and distinguished career as a barrister. He brings to this new role considerable knowledge and experience, particularly of the practices of the Supreme Court. This will be of particular interest to QJA members participating in the QCAT JP program.
Throughout the year, there will be a range of regional centennial celebrations, member competitions and other special features. We’d really like to build a display of unique memorabilia from our past, so if you possess some well-dated QJA items, please lend them to us. To participate in our centennial shirt competition, click here. You might also like to view our Centennial video,
Technical Bulletin
New Branch established The QJA Branch Network has now extended its reach to the Maranoa region of south-west Queensland with the start-up of a branch based at Roma. The inaugural executive committee comprises David Bennett as Chairman, Brian O”Rourke (Secretary) and Ben Godford (Treasurer). Congratulations and thanks to QJA Vice President Marian Vierveyzer for her efforts in facilitating the establishment of this branch.
Upcoming events The following QJA events will be held in the next quarter:
International Womens’ Day Celebrations International Womens’ Day falls on 8 March each year and the theme for 2018 is Press for Progress. For QJA’s IWD events, Progress through Justice has been adopted as our particular focus on the international theme. The Brisbane celebration will be a morning (brunch) forum on Sunday 11 March, featuring several high-profile presenters. Regional branches are encouraged to hold their own, local celebrations. More information on all IWD events will be circulated closer to the date.
Redland City Workshop On Saturday 24 March, Redland City Branch will hold an afternoon refresher workshop at Wellington Point. To register, either visit the QJA website (www.qja.com.au) or complete the form enclosed with this issue.
Title Registry Alert Dated 20 October 2017, Title Registry Alert 139 advised that the transition period for complete switch-over to the National Mortgage form has been extended until Friday 2 March 2018 (previously 31 December 2017). During the transition period, the Registry will accept either the State form (form 2) or the National form. After 2 March, only the national form can be used. 10
Serving Queensland’s Honorary Justices since 1918
In October, the JP Branch of the Justice Department issued Technical Bulletin 3/17 covering Police Production Notices. As you may recall, we featured our own detailed examination of this topic in the 2017 Winter (July) edition of the Journal. Click on the highlighted area to download a copy of Technical Bulletin 3/17.
JP Bulletin
JP Bulletin Issue 16 of the Justice Department’s electronic JP Bulletin was released in late September. The content included: • Arrival of the print version of the JP/C.Dec handbooks • Postal addresses acceptable for camera-detected offence statutory declarations • Professional development seminar details • JPs in the Community program update • JP under the magnifying glass – Karina Page • AHDs for mental health • Land title documents for “off-the-plan” purchases • Long service awards
QJA News During the last quarter, another edition of our online newsletter – QJA News – was issued to those members for whom we have email addresses. The November 2017 newsletter included the following: Save the date for the 2018 IWD celebration Recent invoicing issues explanation 2018 Centennial Conference notice Grab your Centennial polo shirt for the special photo competition • QJA Board election results • Recent Land Registry Alerts • • • •
QJA Shop In just a few short months we have almost sold out of our first print run (500 copies) of the new QJA Guide - so we placed an order for another batch. The centennial polo shirts are also selling well as are stamps and log books. Visit the QJA Shop to see exactly what’s available.
VOLUME 14 • NUMBER 4 • SUMMER 2017
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.
60 Years QJA Membership
Frederick Erhart
50 Years QJA Membership
William Taege
40 Years QJA Membership
William Barclay Robert Campbell Peter Connors
Malcolm Davies Wayne Davis Veronica Donaghy
David Eckersley Peter Fiechtner Neville Kane
Michael Kenny Graham Maynard Michael McAfee
Darryl Neave Susan Powell
Russell Franklin Jean Garrick Keith Gill Brian Glover
Susan Johnson Jason Jun Kenneth Kitson Denise Modistach
John Murphy Gary Perry Brenda Weller
25 Years QJA Membership John Armbruster Kaylene Burkin Gary Chalmers David Chee
Jacqueline Clayden Concetta Coppe Ronald Cruckshank Denise D’Alton
Welcome to New Members The following have joined the QJA since the last Journal: Sally Allen Lachlan Anderson Sharee Andrews Melanie Badman Kirsten Bain Nathan Baker Jane Baker David Bancroft Samuel Barry Jade Bartkaitis Lauren Bartlett Evanna Beljak Karen Bendall Zachary Bichel Dion Bichel Toni Biggins Christopher Bird Roger Bottrall Samantha Boyd Gerard Braganza Marnie Bricknell Payten Briggs Jocelyn Broadbent John Bryan Tanya Buckley Lee Burgess Nathan Burke Donna Cahill Brett Cambey Elysha Campbell Samantha Carkeet Glenn Carpenter Kym Carroll Taylor Cassells Kelli Castorina Stanley Chng Alexandra Clarke Susan Clarke Clive Cook Karen Coombs Cassandra Costello Maureen Costello Richard Cresswell Patricia Cross Anne Cunningham Karen Daniels Tiffany DArcy Elisha Davidson Lynn Davies Katie De Courcey Wendy Dear Lee Sonia Delaney Taylor Delforce Robert Dellar Lauretta Delphin Judith Dickson
Peter Doherty Debra Drinan Ella Drower Tolson Marko Dukic Nicholas Dunne Janice Dwyer Shaun Edwards John Edwards Cindy Eisenhuth Melva Elvey Andreana Engler Elliot Escott-Kenny Angelina Espinosa Melissa Evans Lauren Exelby Aydin Fathi Adeline Feige Amanda Fergus Mark Fitz-Alan Joanne Fogg Gordon Fogg Peter Fontebasso Heather Ford Tracey Foreman Stephen Francia Steven Frawley Benjamin Fuller Roberto Garcia Selina Gardener Mikaela Gibb Phillipa Gilmore Eve Goodman Isabella Green Sonia Grevell Daniel Grisaffi Rhiannon Hage Lachlan Haigh Chloe Haisman Sophie Hall Mark Hancock Kurt Hanlon Brooke Hanmore Amy Harm Sean Harrison Sidney Hart Jessica Hart Cathren Hawker Amy Hawkins Casey Hearnden Matthew Hickey Christopher Hislop Tan Ho Karen Hobbs Lauren Hocking Corey Hodgson Marshal Hoggard
Janie Horbal Xavier Horgan Daciana Horvath Steven Howard Yu-chen Hsieh Heather Huckett Yvette Hughes Carrissa Huisman Ross Hutton Cindy Ibbotson Deborah Iongi Mohammad Badiul Islam Benjamin Jackson Helen James Scott James Jonathan Janetzki Therese Jansan Michael Jarman Murray Jarrett Catherine Jensen Theodore Jensen Nigel Jesson Matthew Johnson Ruth Jones Josey Jou Wilma Jut Jo-Ann Karelin Amraj Kaur Marie Keating Kellie Kemp Susan Kerr Holly Kerr Lisa Keune Noelene Kidd Jennifer King Ian Knight Shelley Koch Sila Kotobalavu Bala Krishnan Ross Krumbholz Rosemary Laidlaw Shannon Lalor Matthew Lane Mazlin Latimore Taylor Lennox Michelle Lep Lianne Lewis Rain Liivoja William Lindsay Maria Lindsay Yueyu (Yulia) Lu Laura Lustenberger David Lynch Ashika Mala Debora Mansfield Georgia Manton
Taylor Marchel Dustin Martin Lauren Matheson Russell Matthews Thomas McCarthy Samantha McCarty Robert McDonald Theresa McDonald Anna McDonald Tse Shannon McGahan Dennis McGuinness Andrew McKay Jack McKenna Kelsey McKeown Susan McLeod Michael McLucas Aaron McMahon Odile Mignot Kim Miller Matthew Moon Adele Moore Bettina Morgan Christeine Moroney Bridget Morton Geoffrey Mount Ashlie-Rose Muchow Jennifer Mulhall Ellen Muller Julie Muller David Murphy Alexander Nardo Jayne Newman Regine Nicholls Kenneth Noble Isaac Nunn Kym Nye Shanna O’Reilly Symone Oresic David Orr Alexander Caleb Paatan Michelle Phillips Barbara Plant Catherine Porter Nicole Powell Andrew Power Rebecca (Aimee) Poyner Andrew Prescott Taryn Radford Barry Ramsay Stuart Reedman Angela Reeves Ebony Reid Michelle Reilly Donna Richards Yvonne Rieper Justin Riseley
Judyann Roberts Steven Robinson Hannah Robinson Hannah Robinson Angharad Roels Bronwyn Roffey Larissa Rogers Blythe Rotem Jodie Roy Lucas Rush Leigh Russell Kayla Sandford Nicole Schaer Dominique Schuh Amanda Scotney Arlene Scott Finn Semple Matthew Serrurier Janette Sheppard Jacqueline Slack Melissa Smith Matthew Smyth Chanel Sousa Rachael Storey Priscilla Strelow Karen Stringfellow Heather Svec Huang Tang John Taylor Kim Taylor David Telford Mitchell Thompson Suzanne Thorne Samantha Timms Julie Toon Sienna Tucker Jeffrey Turner Luca van Heerden Allison Van Wyk Suzanne Walliss-Lindholm Nichola Ward Peter Watts Nathaniel Webb Jonathan Webber Kevin Weiss Cathrene West Hannah Whalan Susan Whittington Janette Wilkins Michael Williams Rhys Williams Debbie Wolhuter Natalie Yates
Serving Queensland’s Honorary Justices since 1918
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Q&A Q1 I was recently asked to witness a will at a signing centre where two JPs are on duty together and my companion JP insisted that not placing the seal of office on the document would invalidate the will. Can you clarify if this is correct? A1 A will is a written document which states how you want your property distributed after you die. Making a will allows you to choose what happens to your assets.
Many people bring their wills to a signing centre to be witnessed by a JP or Cdec. Some clients think this is necessary and are of the view that the seal of office makes it more official and true. However, this is not true. In Queensland, the legislation governing wills is The Succession Act 1981 which sets out the provisions for making a will and does not confer any legislative responsibilities on honorary justices. Section 10 of the Act sets out the way a will may be executed and gives clear instructions regarding how a will should be signed. The Act states: •
A will must be in writing and signed by the testator; or someone else, in the presence of and at the direction of the testator.
•
The signature must be made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time.
•
At least 2 of the witnesses must attest and sign the will in the presence of the testator, but not necessarily in the presence of each other.
•
However, none of the witnesses need to know that the document attested and signed is a will.
•
The signatures need not be at the foot of the will.
•
The signature of the testator must be made with the intention of executing the will.
•
The signature of a person, other than the testator, made in the presence of and at the direction of the testator, must be made with the intention of making a will.
•
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Q2
•
Testator: the person who is responsible for making the will before they die.
•
Beneficiary: a person who receives some benefit from the will.
•
Executor: the person who carries out the instructions in the will, often a solicitor, family member or public trustee.
•
Codicil: a document executed by a person, who has previously made a will, to modify, qualify, delete or revoke the provisions contained in the will. The codicil must be dated, signed and witnessed just as the will is, and must make reference to the will it amends.
Recently I was asked to witness Civil Partnership documents and was unsure of my responsibilities in this regard. How should I deal with these documents?
A2 The Civil Partnerships Act 2011 allows for two adults, regardless of their sex, to have their relationship legally recognised in Queensland and for a civil ceremony to take place that acknowledges this. The partners make an application to register their partnership with the Department of Justice and the Attorney General. This application to register must be in the approved form (form 15) and must be accompanied by a statutory declaration made by each person stating that:
The person wishes to enter into a civil partnership with the other person; and that the person is not married or in an existing civil partnership; and that the person believes the person and other person do not have a prohibited relationship
The statutory declaration should also include where each person lives as at least one partner must reside in Queensland.
A prohibited relationship is described in the Act as in a relationship with someone that is: • A lineal ancestor (e.g. their parent) • A lineal descendent (e.g. their child)
The will need not have an attestation clause.
• A sister
If you are asked to witness a will you should be aware of your responsibility to ensure, to the best of your knowledge, that the testator has the capacity to sign and fully understands the contents of the will.
• A half-sister • A brother • A half-brother.
You should also satisfy yourself that the testator is not under any duress or force by others to sign the will. It may be useful to see the client alone so that you can ask clarifying questions.
When signing a will, using the same pen as the testator and other witnesses, while not legislated or mandatory, is regarded as best practice as it may prevent legal discrepancies if the will is contested at a later date.
In relation to witnessing wills JPs and Cdecs can use their discretion as to whether to affix their seal of office or not.
There is a cooling off period of ten days from when the application is received by the Department of Justice and Attorney General and when the partners are able to register their civil partnership.
And finally a few definitions to clarify the legal language surrounding wills:
You may also be asked to witness civil partnership termination forms. Civil partnerships can be terminated
Serving Queensland’s Honorary Justices since 1918
The application also requires the applicants to provide documents that prove their identity and age as both partners must be over 18 years.
The role of the JP (Qual) or Cdec is to witness the statutory declaration associated with the application and, if required, to certify copies of documents proving identity and age.
VOLUME 14 • NUMBER 4 • SUMMER 2017 upon the death of one of the partners, or by application. One or both parties to a civil partnership can apply to terminate the partnership. If both partners are applying to terminate the partnership, the application is made on the approved form (form 18). In this instance, the JP or Cdec witnesses the relevant signatures on the form. Again, documents proving identity and age may need to be certified. However, if only one of the parties is applying for the termination, then the form 18 must be filled out and a separate end of civil partnership Statutory Declaration (single applicant) must be completed. This is a special statutory declaration stating: That the other party to the relationship has been served a copy of the termination by a method prescribed under section 16 of the Civil Partnership Act 2011; and the method by which service was effected under section 16. In the case of the single applicant, the role of the JP will therefore be to witness form 18, as well as the special statutory declaration, and if required certify copies of documents providing identity or age. Q3 We heard at the State Conference in Toowoomba that about 3,000 traffic infringement statutory declarations are returned each week for failure to complete them properly. What are the common mistakes JPs make when witnessing the traffic infringement statutory declaration? A3 Don’t be alarmed at this high number as not all are returned because of failure of a JP or Cdec to carry out their responsibilities. Some common reasons for returning these documents include: • Failure of witness to sign • Failure of declarant to sign • Incorrect or incomplete date • Incomplete witness details including full name, qualifications and registration number • Incomplete name, address and details of declarant • Incomplete name, address and details of nominated person • Amendments, including whiteout, not initialled by both the declarant and the witness • Details of nominated driver are not legible • Document completed in pencil There is no dedicated space on the document to place your seal of office and placing your number next to your qualification will suffice. However, if you choose to use your seal of office, you must ensure that it does not extend over any wet ink as this is also a reason for rejection. Q4 I live in a community that is aging and many of the clients I see now have health problems, in particular I was recently asked to help a client sign a document as she found it difficult to hold the pen and put enough pressure on it to sign her name. She asked if I could sign on her behalf. What should I do in these circumstances?
A4 From time to time in your role as a JP or Cdec, you will come across people suffering from physical disabilities, medical conditions or intellectual impairment that prevents them from signing documents. Where the client is unable to sign because of a physical impairment you should make the following notation where the signature should appear. “This is to certify that [enter the person’s name] is unable to make a mark or signature on this document and that he/she agrees with its contents and has symbolically touched the pen that I have used to make a mark on his/her behalf” You should get the client to actually touch the pen to ensure the veracity of the notation. Q5 I haven’t witnessed many Enduring Power of Attorney (EPA) documents so am always very cautious when doing so. I am concerned about my ability to determine the principal’s capacity. What are the key points I should look for when signing these documents. A5 There is no simple medical or cognitive tests to establish the principal’s capacity. However, when witnessing an enduring power of attorney you must satisfy yourself, to the best of your ability, that the principal has capacity to read and understand the document and is aware of the consequences of completing the document. Your role is an essential safeguard for people with impaired capacity. From the first contact with the principal you will be able to gather relevant information to help you determine their capacity. It is recommended that you meet with the principal alone. This provides an opportunity to develop rapport and establish the context for making the EPA without interference or guidance from others. The complete document, long and short forms, includes detailed explanatory notes and you should make yourself familiar with its content. During the interview with the principal it is preferable to ask open questions such as “why have you decided to make this EPA now?” as closed questions requiring a yes/no answer may be inadequate in determining capacity. You can also go on to discuss their health and financial circumstances in broad terms. This will shed light on whether the principal is under pressure to make the EPA. At the end of the interview you should be satisfied that the principal can explain to you that, once the EPA commences, the attorney will be able to do anything that the principal can do. This includes, for financial matters, selling their property and withdrawing money from their bank account, and, for personal matters, deciding where and with whom they will live. During the interview you should record your questions and the principal’s answers, so that, if questioned at a later date, you are able to provide evidence of how you assessed the principal’s capacity. Serving Queensland’s Honorary Justices since 1918
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REGIONAL ROUNDUP Townsville
hope to secure a few new members on the day.
On Friday 20 October, the 2017 Branch Leadership & Development program arrived in Townsville, where QJA Vice President Raymond Young OAM together with directors John Carpendale and Carmelo Pasquale interacted with leaders from QJA branches in the region. The leadership forum was held at the Cluden Park Motor Inn and five Townsville Branch leaders spent the best part of 5 hours discussing a range of relevant issues with the QJA Board members.
Redland City Branch is also holding an afternoon workshop on Saturday 24 March 2017. The registration form is an insert to this issue of the Journal. Delegates may also register online by visiting the QJA website.
L-R around the table: Gillian Krink, Michael Krink, Carmelo Pasquale, Raymond Young, Anne Barker & Tracey Cooper, Absent from photo: Annmaree Luther & John Carpendale
Rockhampton At the Branch Leadership Forum conducted at Rockhampton on Saturday 21 October, there were branch representatives Gladstone (via video-link), Mackay and Rockhampton as well as three QJA directors. The well-appointed venue was the Rockhampton Community Health Centre and, over several hours on a Saturday evening, participants openly discussed a wide range of issues of relevance to the operation of branches within the QJA framework.
Ray Burrows, Branch Secretary
Mackay
The Canelands Central Mackay Signing Centre commenced operation in 2013. We recently extended the operating hours to include Thursday night 5.30pm until 8.30pm and Friday morning 9.00am until 12.00pm. This is in addition to Tuesday, Thursday and Saturday mornings from 9.00am until 12.00pm. This month saw the arrival of our new desks, chairs and lockable filing cabinet to keep all our stamps and manuals. It was a great reward for our volunteers after the temporary setup we had. QJA Mackay Branch coordinates the volunteers for this and we thank Holly (Marketing Executive, Lend Lease) for the support and assistance she has been providing. Maria Valena, Branch Secretary
Logan On Saturday 25 November at The Access Gateway centre, Logan Village, QJA Logan Branch conducted a half-day hands-on workshop exploring the witnessing of Family Law documents in detail. Back row: Lisa Chapman (M), Maria Valena (M), Laura Jorgensen (M) Fred Golder (G) [on the screen], Lance Watson (R), Bryce Davey (R), Lawrie Fox (R), Seated: Carmelo Pasquale (QJA), Raymond Young (QJA), Wal Taylor (R), Jane Comollatti (R),
Redland City This is a photo of myself and Greg Smith. We have been nominated for the Greg Cook Recognition Award for Volunteer of the Year. The ceremony will be held in conjunction with International Volunteer Day Expo which will be held on Saturday 2nd December 2017 at the Alexandra Hills Tavern at around 10.00am. There are a number of other nominations as well. The Redland City Branch will have a table set up for Volunteering Redlands which will run from 9.00am until 12.30pm. We 14
Serving Queensland’s Honorary Justices since 1918
Photo shows Logan Branch Chairman (and QJA Trainer) Brooke Batley instructing workshop attendees.
Hornibrook On the night of our September AGM, we celebrated our five (5) year anniversary of the formation of the branch. For the occasion, Chairman Bev Nichols is seen cutting the cake, and the four members in this photo are long standing members
VOLUME 14 • NUMBER 4 • SUMMER 2017 who came to our first branch meeting in October 2012.
L-R: Erich Jeffrey, Margaret (Ann) Davies, Robyn Francis, George McPherson
Brisbane North At the Branch meeting on Monday 6 November, the guest presenter was Tracey Jackson, Prosecutions Officer RSPCA, who explained the functions and role of her team and the implications for JP witnessing officers. At the conclusion of her presentation, Branch Chairman, Stewart Purdie handed Tracey a Branch donation cheque for $100.
Continuing with professional development theme, Chairman Stewart then conducted a technical quiz session interacting with all attendees.
Regional Director Responsibilities Each QJA director has been assigned responsibility for a group of Branches and Contact Groups. The directors are Bronwyn McEntee (BM), Chris Lancaster (CL), Carmelo Pasquale (CP), Garth Stephens (GS), Glenyce Hull (GH), Graeme Moorhouse (GM), John Carpendale (JC), Joan Kennedy (JK), Keith Revell (KR) and Marian Vierveyzer (MV). The following list shows all the assignments: Beaudesert Brisbane North Bundaberg Cairns South Central Highlands Gladstone Greater Springfield Hervey Bay Howard Lockyer Loganholme Mareeba Maryborough Redland City Roma Rosewood South Pine Toowoomba Western Suburbs
JK GS GH BM CP CP GS GH GH BM JK BM GH GM MV GS JC BM BM
Bowen CP Brisbane South GM Caboolture JC Caloundra CL Forrest Lake GS Gold Coast JK Gympie CL Hornibrook JC Ipswich GS Logan JK Mackay CP Maroochydore CL Noosa CL Rockhampton CP Rosedale GH South Burnett GH Tin Can Bay GH Townsville CP Wynnum Manly GM
Let us know what you’re doing If you’d like the QJA membership to be informed about the activities of your group via exposure on these pages, send the relevant information to: editor@qja.com.au. Serving Queensland’s Honorary Justices since 1918
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REGIONAL CONTACT INFORMATION BEAUDESERT CONTACT GROUP Bernice Lippiatt beaudesert@qja.com.au Telephone: 0481 554 805
GLADSTONE BRANCH Ruth Waite gladstone@qja.com.au Telephone: 0438 741 318
BOWEN BRANCH Mikki Menzies bowen@qja.com.au Telephone: 0467 239 680
GOLD COAST BRANCH Joan Kennedy goldcoast@qja.com.au Telephone: 0477 510 517 GREATER SPRINGFIELD BRANCH Paul Howard greaterspringfield@qja.com.au Telephone: 0473 221 078
BRISBANE NORTH BRANCH Peter Twine brisbanenorth@qja.com.au Telephone: 0488 233 870
GYMPIE BRANCH Tom Bushell gympie@qja.com.au Telephone: 0402 132 679
BRISBANE SOUTH BRANCH Diane Rippon brisbanesouth@qja.com.au Telephone: 0418 233 141
HERVEY BAY BRANCH Loretta Lashmore herveybay@qja.com.au Telephone: 0448 784 854
BUNDABERG BRANCH Dave Read bundaberg@qja.com.au Telephone: 0405 252 135 CABOOLTURE BRANCH Sara Gault caboolture@qja.com.au Telephone: 0439 866 682
HORNIBROOK BRANCH Robyn Francis hornibrook@qja.com.au Telephone: 0439 327 242
CAIRNS SOUTH CONTACT GROUP Ralph Powell cairnssouth@qja.com.au Telephone: 0434 510 333
HOWARD CONTACT GROUP Carrol Bond howard@qja.com.au Telephone: 0411 743 585
CALOUNDRA BRANCH Helene Baker-Daines caloundra@qja.com.au Telephone: 0413 758 600
IPSWICH BRANCH Deanna McDonald ipswich@qja.com.au Telephone: 0408 195 277
CENTRAL HIGHLANDS BRANCH Karen Bray centralhighlands@qja.com.au Telephone: 0438 824 361
LOCKYER BRANCH Kerrie Price lockyer@qja.com.au Telephone: 0401 796 857
FOREST LAKE CONTACT GROUP Reg Connelly forestlake@qja.com.au Telephone: 0403 167 121
LOGAN BRANCH Brooke Batley logan@qja.com.au Telephone: 0411 727 792
LOGANHOLME CONTACT GROUP Pauline Harris loganholme@qja.com.au Telephone: 0428 916 557
ROSEDALE CONTACT GROUP Jonathan Brown rosedale@qja.com.auTelephone: 0408 068 169
MACKAY BRANCH Maria Valena mackay@qja.com.au Telephone: 0422 636 374
ROSEWOOD CONTACT GROUP Alan Broughton rosewood@qja.com.au Telephone: 0468 802 689
MAREEBA BRANCH Ann Vains mareeba@qja.com.au Telephone: 0419 719 616
SOUTH BURNETT BRANCH Ruth Rimes southburnett@qja.com.au Telephone: 0457 681 159
MAROOCHYDORE BRANCH Eva Marie Seeto maroochydore@qja.com.au Telephone: 0417 635 0788
SOUTH PINE BRANCH Michelle Goswell southpine@qja.com.au Telephone: 0438 084 889
MARYBOROUGH BRANCH Andrew Baker maryborough@qja.com.au Telephone: 0422 730 890
TIN CAN BAY CONTACT GROUP Rod Ehrke tincanbay@qja.com.au Telephone: 0448 943 336
NOOSA BRANCH Margaret Lewins noosa@qja.com.au Telephone: (07) 5471 0617
TOOWOOMBA BRANCH Jeni Rengers toowoomba@qja.com.au Telephone: 0408 771 786
REDLAND CITY BRANCH Ray Burrows redlandcity@qja.com.au Telephone: 0409 499 016
TOWNSVILLE BRANCH Tracey Cooper townsville@qja.com.au Telephone: 0423 695 855
ROCKHAMPTON BRANCH Lawrence Fox rockhampton@qja.com.au Telephone: 0448 439 999 ROMA BRANCH Brian O’Rourke roma@qja.com.au Telephone: 0437 557 768
WESTERN SUBURBS BRANCH Paul Humphreys westernsubs@qja.com.au Telephone: 0409 877 613 WYNNUM MANLY BRANCH Amanda Hilhorst wynnummanly@qja.com.au Telephone:0423 028 160
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 (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
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
SA
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
New Zealand Brandan Hooper new.zealand@qja.com.au
Serving Queensland’s Honorary Justices since 1918
Taiwan Charles Trappey taiwan@qja.com.au
UK (Norfolk) Derek Hill uk@qja.com.au
USA (Texas) Tanya Conole usa@qja.com.au
QJA Redland City Branch Workshop Registration Form
Saturday 24th March 2018 1.00pm to 4:30pm Venue – Redlands Sports Club Anson Road, Wellington Point.
Cost: $20.00 members, $25 non-members Includes afternoon tea/coffee Name: (as will appear on name tag) ..................................................................... Address: ........................................................................................................... Email: ……………………………………………………. QJA Member No: Non-Member: [ ] Contact Phone: .................................................... Mobile: Special Dietary Requirements: .................................................................................
Deadline for Registrations – Friday 16th March 2018 PAYMENT INFORMATION
[ ]
Registration Payment
Payment made by: [ ] Cheque [ ]
$ ..................... Total $ .....................
Visa / Mastercard (Details below)
Card No: ________/_________/_________/ ______ Expiry Date: _______ / _____ CVN: ____ ____ ___ (3 digit code at the back of your card) Cardholder’s Name: _____________________________ Signature: _________________________________ Date: [ ]
Direct Bank Transfer: Bank: Commonwealth Bank Account Name: Queensland Justices Association BSB: 064-184 Account Number: 10889197 Reference: Please include your Full Name and QJA Members ID (if possible)
MAIL TO: EMAIL TO: NOTE:
Registrar, QJA, PO Box 8419, WOOLLOONGABBA, QLD 4102 admin@qja.com.au Facsimile: (07) 3392 2955 All receipts/tax invoices will be available at the workshop. If a tax invoice is required prior to the workshop, please include a stamped self-addressed envelope.