I apply to become a member / renew my membership of the Queensland Justices Association. Ordinary Member $49.50 (Includes GST) Pensioner $37.20 (includes GST) Married Couple $55.00 (includes GST) Subscriptions are renewable on 1st September each year. From 1st February the following pro-rata membership applies. • Ordinary Member $4.10 per month or part thereof • Pensioner $3.10 per month or part thereof • Married couple $4.60 per month or part thereof Date: .................................................................... Member Number (if applic) I enclose $ Surname:
............................................
....................................................
for Ordinary / Pensioner / Married membership of the QJA
............................................................................................................................................................................
Given Names:
..................................................................................................................................................................
Preferred Title: Mr / Mrs / Miss / Ms / Dr / Other Postal Address:
................................................................................................................................................................
........................................................................ Postcode ........................................................
Home Address: Occupation:
................................................................................................................................................................
......................................................................................................................................................................
Telephone: .......................................................................... Mobile: .............................................................................. Email:
..................................................................................................................................................................................
Date of Appointment as a JP / JP (Qual) / C. Dec / ................ / .............. Date of Birth (Optional): .............. / .......... / ............
PAYMENT DETAILS: Cheque / Money Order / Bankcard / Visa / Mastercard Card No:
Expiry Date: .......... / .......... Signature:
..........................................................
MAIL TO: THE REGISTRAR, QJA, PO BOX 8419, WOOLLOONGABBA QLD 4102
Official Magazine of the Queensland Justices Association
3
President’s Letter
3
From the Board
4
NEW MEMBERS
5
ROLL OF HONOUR
6
NEWS IN BRIEF
7
editorial
8
Article
2004 State Conference
Branch Expansions
QJA News Brief
Child Abuse Evidence R Mulholland, Q.C.
A 10 QYour&Questions Answered
11
BRANCH CONTACTS
12 Article Conflict of Interest Dr. Anthony Watson-Brown
13
TRAINING
14 Letters 14 MERCHANDISE 15
ANNUAL STATE CONFERNCE
QJA MEANS 16 WHAT TO MEMBERS
Standing left to right: Ray Young, Bob Pilkington, Joseph Law, Garry Franke, Bernice Lippiatt, Hon. Rod Welford, Anthony Watson-Brown, Kylie Jackson, Judge Bob Hall Seated: Gordon Lee, Hon. Paul de Jersey, May Heck
Q.J.A. Honours New Patron at Tattersall’s Club Lunch The President and Directors hosted a lunch in the Chandelier Room at Tattersall’s Club, Brisbane on 22 June 2004 to honour the new Patron, Justice Paul de Jersey, AC, the Chief Justice of Queensland. The guest list included the Hon Rod Welford, MP, the Attorney General and Minister for Justice, His Honour Judge Robert Hall, Retired District Court Judge, Mrs May Heck JP(C.dec) and Mr. Gordon Lee JP(Qual), two of our senior Justices of the Peace each with over 50 years of JP experience and Mrs Kylie Jackson, a representative of Suncorp Bank with whom the Association has just formed a close relationship.
Mrs Heck and Mr Lee proudly represented the thousands of members of the Association who carry out their day-to-day functions as Justices and C.decs. The President Mr. Joseph Law and Mr Garry Franke made presentations to the Chief Justice to commemorate the occasion. The Chief Justice received from Mr Law a framed Chinese silk embroidery of a scene of 100 cranes while Mr Franke gave Justice de Jersey a hand-turned gavel and rest suitably embossed with a brass plaque.
Serving JP’s and C.decs Throughout Queensland
•
1
The
Q.J.A. JOURNAL
Our Patron The Hon Paul de Jersey, AC, Chief Justice of Queensland
Board of Directors PRESIDENT & CHAIRMAN OF THE BOARD Mr Joseph Law JP (Qual) 31 Kroll Street, Kippa Ring Q 4021
Telephone: (07) 3283 6800 Facsimile: (07) 3283 6800 Mobile: 0411 707 597
VICE PRESIDENTS Mr Doug Hull JP (Qual) P.O. Box 5289, Torquay Q 4655
Telephone: (07) 4124 4214 Facsimile: (07) 4124 7939 e-mail: dougglen@bigpond.com.au
Mrs Bernice Lippiatt JP (Qual) 3987 Mt Lindesay Highway, Park Ridge Q 4215
Telephone: (07) 3802 2557 Facsimile: (07) 3802 2559 Mobile: 0411 663 757 e-mail: darkmoon121@ozemail.com.au
Mr Bob Pilkington JP (Qual) 32 Blackstone Road, Newtown Q 4305
Telephone: (07) 3812 1865 Facsimile: (07) 3424 7983 Mobile: 0438 121 865
DIRECTORS Mr Garry Franke JP (Qual) 8 Patrol Street, Jamboree Heights Q 4074
Telephone: (07) 3376 3375 Facsimile: (07) 3376 3375 Mobile: 0418 740 694
Ms Jan Stafford JP (Qual) PO Box 1006, Hervey Bay Q 4655
Telephone: (07) 4124 2068 Facsimile: (07) 4124 5618 Mobile: 0412 782 743 e-mail: charolais4655@netscape.net
Dr Anthony Watson-Brown JP (Qual) Telephone: (07) 5538 5605 PO Box 1766, Facsimile: (07) 5538 5605 Broadbeach Q 4218 Mobile: 0421 188 309 e-mail: awbrown75@optusnet.com.au Mr. Raymond Young OAM, C.dec 102 Glenmore Road, Rockhampton Q 4701
Telephone: (07) 4927 4155 Mobile: 0405 624 648
STATE OFFICE
HELPFUL NUMBERS FOR JPs
751 Stanley Street, South Brisbane. PO Box 8419 Woollongabba Q 4102
Dept of Families 24 hour crisis line
(07) 3235 9999
Telephone: (07) 3392 2455 Free call: 1800 061 423 Facsimile: (07) 3392 2955 www.qja.com.au e-mail: theqja@powerup.com.au
Mental Health Orders (office hours)
(07) 3835 1444
Adult Guardian
1300 653 187
OFFICE ADMINISTRATOR
Dispute Resolution Centre
1800 017 288
Mrs Yvonne Walker
Public Trustee
1300 360 044
2
•
Telephone: (07) 3392 2455
Serving JP’s and C.decs Throughout Queensland
Volume 2
•
Number 1
•
WINTER 2004
A Letter from the President Dear Members Time has flown quickly since we published the Autumn Journal. I brought back with me from China a silk embroidered scene that we had framed, with a brass plaque added to commemorate the appointment of our first Patron. I had pleasure in hosting with my fellow directors a lunch for the Chief Justice at Tattersall’s Club in Brisbane. Mr Garry Franke, a Director, had turned by hand a gavel and rest which he personally gave to Justice de Jersey on our behalf at the lunch. The Attorney General was also present with us that day. Two other special guests were Mrs May Heck and Mr Gordon Lee. Both these members have over 50 years of service and were able to represent the general membership at this memorable occasion. We now have five new Branches opened since January, namely Redlands, Townsville, Rockhampton, Gladstone and Glasshouse. Sunshine Coast, Caboolture, Emerald, Biloela, Cairns and Mackay Branches could be opened in the next several months. We have set Saturday 2 October 2004 as the date for this year’s Annual State Conference. Please mark that date in your diary and make an effort to attend. We promise it will be an excellent occasion as we have a strong line up of speakers
arranged. In order to make the day more attractive to Members we have arranged sponsorship with Suncorp Bank. For $10.00 you will hear the leading people in Queensland speak on the future of JPs and C.decs. and enjoy refreshments and lunch in the company of fellow JPs. Be quick. First in first served – only 200 seats available. Our Patron will open the Conference and Judge Robert Hall will deliver a keynote speech on “Justices in 2014”. The morning sessions will be devoted to this topic with the afternoon sessions addressing current issues including family law, land titles and co-operation with police and other authorities. I have ensured time has been set side for members to have an open forum. See you all at the coming excellent State Conference. I will be attending the Australian Council of Justices Associations (ACJA) Conference in late August. We have been the only State not represented there for a number of years so I will bring you the good news of our renewed relationship with the Australian Council and the other State and Territory Justices of the Peace bodies in the next Journal. I shall be pulling for QJA to be the host State Association in 2005 for the Annual ACJA Conference. The venue will be either the Gold or Sunshine Coasts as an appropriate site. Joseph Law JP (Qual) PRESIDENT
From the Board Members will be pleased to see we have managed to control expenditure and the new subscriptions have been reduced. Subscriptions are now under a dollar a week again for full Members – a pleasant surprise in the current climate of constant rise in prices.
allow clients to pay for the work done there by Justices of the Peace and Commissioners for Declarations. The Act is quite clear that rewards of a direct or indirect nature cannot be paid to JPs or C.decs. If you come across any breach of this nature, please make a note and let the State Office know.
We have been kept relatively busy with new branch proposals since we last reported. The President has recorded the new and potential Branches at which we are looking. Through Ray Young in Rockhampton we have renewed contact with Port Curtis Justices of the Peace Association in the Gladstone area. Strong enquiries have come in from North Brisbane and a Branch based in Stafford/Chermside is on the books.
In early May the Registrar was involved in a motor vehicle accident and after discussions with the Board, the Registrar’s resignation was accepted. Since then a Director has taken on additional duties as acting Registrar until the Board appoints a replacement.
QJA has set up a signing centre at the Loganholme Hyperdome. Signing centres are planned for Townsville shopping malls also. The Board has noted with concern that some independent signing centres have resorted illegally to using donation tins to
Substantial progress on the new By laws has been made and we hope to have them available to the Branches by the end of July. We are pleased to advise that as from 1 July we are commencing to work with Suncorp as our Bankers. Over the next six months we will let you know how this relationship can benefit you.
Serving JP’s and C.decs Throughout Queensland
•
3
THE
Q.J.A. JOURNAL
Welcome to New Members The following have joined the Association since the Autumn 2004 Journal: C. Huang K. Farrant I. Crumpton C. Gladstone S. Goss I. Atkins B. White H. Noble C. Connolly W. Carter L. McGregor L. Christofis M. Mirtshin L. Rex-Hastie C. Bamblet A. Ward E. Cameron M. Emery A. Hood G. Foord M. Neville K. Boorer S. Poulsen A. Dawe N. Hung B. Carpenter B. Dunsford P. Higgins K. Bennett K. Radford R Lynch
I. Gellatley G. Brennan M. Kulpinski D. Hurst D. Read P. Dickinson S. Miller I. Hatcher R. Coco R. Forte L. Zeller E. Ferguson L. Peate H. Curtin G. Munt P. Shelton J. Taylor G. Buchner E. Seabrook W. Rose M. Finemore J. Stassen C. Stewart M. Walsh C. Wieden L. Kinderman D. Fisher S. Maganlal C. Roberts J. Denyer J. Craswell
N. Mercer A.Kowalski K. Reye S. Pardey H. Maclean D. Polley D. Suckling J. Martin M. Thompson R. Roberts J. Dangerfield J. Clem A Whibley-Jones B. Royce-White M. Burns R. DeVere S. Smith C. Moore F. Brookman Y. Walker J. Robertson G. Lipschies M. Wallace J. Hislop B. Quinn D. Dorrough T. Tait L. Lawrence D. Austin P. Penfold L. Kennedy
N. Williams J. Hartin P. Webster K. Hogan J. Englebright J. Doyle J. Webber N. Bamford J. Owen M. Dunlop J. Barfoot I. Barfoot C. Thomson M. Walmsley D. Hancock-Mills G. Fernando L. Wood S. Windsor D. Lloyd P. Fox J. Bailey J. Frost G. Rowland H. Davis A. Tait T. Frawley G. Forbes-Simpson S. Hundloe E. Asher C. Heaton K. Rae
L. Hanipale-Brady R. Bell W. Blewett S. Volling J. Lyons R. Pedley
Vale We have received with sadness notice of the passing of the following Members: E. Vickery J. Patterson
R. McDonnell W. Cavanagh
N. Scammels A. Dung-Yow
A. Dibbs
ANNUAL SUBSCRIPTIONS REMINDER The Annual Subscriptions are now due and the good news is that they are lower than last year. Enclosed with this Journal is a flyer with the subscription details. 4
•
Serving JP’s and C.decs Throughout Queensland
Volume 2
•
Number 1
•
WINTER 2004
Roll of Honour The Association wishes to note the long service given by the following Members under their commission.
GOLD - 50+ YEARS OF SERVICE Raymond Bignell May Heck
Olive Johnstone Vincent Koch
Gordon Lee Barbara Lynch
Norman Phillips Les Sainsbury
Allan Tronson
Bernard Carroll Maxwell Holden William Moore Ken Townley-Jones John Chamberlin Peter Jordan Allan Mullaly John Veidis Graeme Chesterman Rod Kamholtz Darryl Neave Douglas Cooke Ronald Kirkwood Roy Neuendorf Peter Weymouth Irene Coombes Noel Kropp
Ross Newmann Janice White Vince Costanzo Ray Lackey Bill Peterson May Willis Ray Currie Joseph Law Anne Poole Julian Wilson Melvyn De La Haye Ernie Lemmon Ray Prince Cynthia Woltmann Peter Dowling Lester Lipke Robert Railton
Paul Wright Eric Dresman Bernice Lippiatt Carol Rice Frederick Edmunds Robert Livingstone Valerie Rooney Anthony Watson-Brown Colin Harding Lynton Lewis
SILVER - 25+ YEARS OF SERVICE Maureen Anderson Ted Elliott Graham Luck Robert Service Julieanne Argent John English Madge Lynch Keith Solomon Keith Baker Arthur Foot John Macdonald Richard Souter Kathryn Barrett Garry Franke Vincent McGrath John Stewart Theresa Bickhoff Elizabeth Gilchrist
Harold McPaul Keith Taylor Peter Bills Patrick Galligan George McPherson Noel Taylor William Bowkett Gordon Green Paula Malam Charles Thornton Ray Burrows Raymona Hamon Pam Martin Arthur Till Douglas Campbell Kenneth Harwood Douglas Merchant William Tincknell
Certificate of Distinguished Service The Department of Justice and the Attorney General issues to Queensland Justices of the Peace a Gold Certificate for 50 years of distinguished service and a Silver Certificate for 25 years of distinguished service on the nomination of the State Member for the area where the Justice currently lives. The Department needs to confirm the candidate’s eligibility so JPs seeking a certificate should check with the Department to find out whether their date of appointment is recorded. If the Department does not have the original gazette date, the JP needs to supply evidence of their appointment date. This can be a copy of the original documentation or a copy of the gazette notice. The State Library keeps the gazettes and the research librarian is normally able to assist in obtaining a photocopy. Candidates can ring the John Oxley State Library at Cannon Hill for assistance.
Advertise here! The QJA Journal is currently distributed to over 4400 members and industry contacts covering a wide range of activities and professions. If you would like to advertise your business in the journal and benefit from this direct exposure then please : Cameron Meiklejohn at Major League Corporate Marketing on Fax 07 3217 9772 or by sending your details to Cameron@majorleague.com.au
Serving JP’s and C.decs Throughout Queensland
•
5
THE
Q.J.A. JOURNAL
News In Brief Land Title Scam Revealed
JP(Qual), JP (Qualified) or Justice of the Peace (Qualified)
On 2 April 2004 in the District Court, Southport, Zara Lee Russell pleaded guilty to three counts of fraud including a scheme that allowed her to adopt the identity of a 57 year-old man who owned a property which she then mortgaged for $60,000.00. She spent the money on a new car and living expenses.
JP(C.dec) or Justice of the Peace (Commissioner for Declarations)
Russell answered a ‘flatmate wanted’ ad in June 1999. She met Leslie Robert Gardiner who was looking for someone to rent a room in his Surfers Paradise home. Russell did not move in but befriended Gardiner who told her he was going overseas for eight weeks. With this knowledge Russell moved swiftly. She rang the local council and obtained a copy of the rates notice for the property. Armed with the rates notice, a fake passport and a New Zealand citizenship certificate bearing her photo but Leslie Robert Gardiner’s name, Russell obtained an 18+ ID card in his name. Producing these documents she obtained a mortgage. The solicitor’s secretary questioned the middle name of “Robert” but Russell explained it was given to her by her grandmother who was French and pronounced “Robay”. The fraud only came to light when Russell confessed during enquiries regarding other frauds she had committed while living in Australia. She fled to New Zealand in 2000 but returned to face the music in 2003. She was sentenced to three years jail to be suspended after 12 months. Members should take note and recognise the level of care required when witnessing land title documents.
C.dec or Commissioner for Declarations. The only JPs who can simply sign “JP” are those whose appointment as a Justice of the Peace arises out of their office, such as retired Judges. All JPs appointed before the new system started in 1991 who have not done the relevant examination are now classified as “JP(C.dec)” and must use that mark when witnessing documents.
Changing Your Name in Queensland In February 2004 new State legislation came into force that altered the method for recording a change of name for people born in Queensland. Previously Queensland used the deed poll to record a change of name. For some time New South Wales and Victoria have used a statutory declaration as the basic method to record a change of name for people born in those States. The new Queensland procedure is based on a statutory declaration and similar in principle to what happens in the other States. Persons born outside Australia who wish to prove their change of name in Queensland can use the Queensland declaration. As a consequence deed polls will no longer apply in Queensland.
Department of Foreign Affairs and Trade Requirements JP ID Checked Recently Police questioned the witness to a Statutory Declaration produced to a country police station as the witness had failed to correctly identify himself as a “JP(C.dec)”. Members are reminded that if they witness a document, they must correctly identify themselves. The correct method to prove the witnessing is done by a JP or C.dec is to affix the seal of office (if one has been issued) or to make the prescribed mark for the particular office held by the JP or C.dec. Some forms make it difficult to use the seal of office as there is no room to affix the seal. The prescribed marks for the various offices are:JP(MAG CT), JP (Magistrates Court) or Justice of the Peace (Magistrates Court) 6
•
Serving JP’s and C.decs Throughout Queensland
The Department of Foreign Affairs and Trade (DFAT) is often asked by bearers of documents executed in Australia for use overseas to have them authenticated (legalised) for foreign governments. The authentication verifies the identity of the signature and seal or stamp which the document bears. The process does not verify the contents of the document. The authentication process is done in the State office of DFAT. Under the 1969 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents an Apostille may be required to establish the country of origin, the identity and capacity in which the document has been signed and the name of any authority which has affixed a stamp or seal to the document. This can only be done in Australia and may be done at any State or Territory office of DFAT. (See www.dfat.gov.au for further details of authentication and apostilles)
Volume 2
The Department will register the signature and stamp of Justices of the Peace attached to a Court. This includes JPs who are working on a voluntary basis on a scheme arranged by the Registrar of the Court. If you are working in a Courthouse as a JP either in your capacity as a public servant or a volunteer, you can contact the Department’s Brisbane office and arrange registration of your signature.
Heard in the Corridor A recent applicant for a divorce took an affidavit to a JP to swear. The JP correctly asked if the deponent had any problems with swearing an oath and when told “No problems”, the JP duly administered the oath.
•
Number 1
•
WINTER 2004
At the end of reciting the oath the JP asked the deponent to say “So help me God”. The deponent said “Don’t I say ‘I do’?” The JP quickly replied, “No, that is what you said some time ago and now you are asking for God’s help to undo that!”
New Registrar of JPs Mr Nick Seeley has been appointed to act as the new Registrar of Justices and Commissioners in the Department of Justice, JP Branch. Mr Seeley replaces Mr Damien Mealey. We look forward to continuing to work closely with the new Registrar.
Editorial The editorial committee would like to thank all Members who took time to write letters and send e-mails. Many related to their long service and praise for the new format and content of the autumn edition of the Journal. As volunteers it is difficult for us to find time to thank each one of you individually but please accept our appreciation and gratitude.
The Magna Carta signed at Runnymede in 1215 containing fundamental constitutional provisions of common law contains the following statement that has acted as a guide to Justices of the Peace throughout time. “To no one will we sell, to no one will we refuse or delay right or justice.”
The Roll of Honour is seen as a small gesture to acknowledge the work done by Members over a long period. If your name does not appear on the Roll and you wish to record your long service please let the Editorial Committee know details of your appointment.
Further, Justices of the Peace and Commissioners for Declarations are by section 35 of the Justices of the Peace and Commissioners for Declarations Act 1991 prohibited from seeking or receiving reward for the services provided. We have a long tradition of giving freely. We must not accept money or provide donation tins for services we provide.
Where will we be in 2014? This is the theme of the 2004 Annual Conference. We have 5 levels or categories of Justice of the Peace and Commissioners for Declarations whose ranges of work overlap. While many pre-1991 JPs have not converted to JP (Qual) for a number of reasons, they still perform a vital and important roll in Queensland’s legal and justice system.
It is with pleasure we publish an article by a former Editor of the Journal, Mr. Bob Mulholland S.C. In his youth, Bob heeded a call on his return from London to assist the Association by editing the Journal for a number of years during the 1970s. His article on Child Abuse Sentencing is provocative and food for thought.
One can also question why Commissioners for Declarations do not have the right to be referred to as a Justice of the Peace. They are nominated by a Member of Parliament and checked for suitability in the same way as Justices of the Peace and as indeed were their predecessors, the JPs (C.dec). There are arguments that could be raised to maintain the existing system but equally the anomalies give rise to issues that should be aired and the President and Board considered this Annual State Conference as an appropriate forum to do so.
Notice of EGM Notice is given of an Extrodinary General Meeting to be held at Easts Leagues Club, Main Avenue, Coorparoo at 9.00am on Saturday 2 October 2004 to consider the appointment of a new auditor for Queensland Justices Association.
Serving JP’s and C.decs Throughout Queensland
•
7
THE
Q.J.A. JOURNAL
Child Abuse Evidence: Statutory Threats to a Fair Trial R.A. Mulholland QC The Sexual Offences (Protection of Children) Amendment Act 2003 (Act No. 3), which commenced on 1 May 2003, and the Evidence (Protection of Children) Amendment Act 2003 (Act No. 55), which commenced on 5 January 2004, make very significant changes to the prosecution of sexual offences and treatment of child witnesses by the criminal justice system in Queensland. The stated objective is to ensure the detection and punishment of offenders against children by encouraging children to report abuse and then give evidence in court. My concern is that the changes will greatly increase the risk of miscarriages of justice. In recent years there has been growing community awareness and concern in regard to child sexual abuse. While acknowledging the problem, and the desirable goal of bringing offenders to justice, it is important that accusations continue to receive proper scrutiny. Contemporary studies demonstrate that children’s testimony can be untrustworthy, even when interviewers use the best possible techniques. It is also necessary to understand that the mere allegation of sexual abuse is likely to have serious consequences. A parent or carer could immediately be deprived of all contact with the child. Even if the complaint is eventually established to be groundless, the loss or substantial loss of contact may last for many months, or even years, and cause irreparable harm to the relationship. For a person having to defend a criminal charge, and lacking the resources of the State, it is a time consuming and costly exercise to gather relevant information which may be in another State or Territory, or even in another country. Notwithstanding the heavy obligation of disclosure on the prosecution in criminal cases (now statutory in Act No. 55), this is no guarantee of compliance. Too often, relevant documents are not disclosed in a timely fashion and the defence is left to obtain the material itself or else continue without it. Traditionally, preliminary or committal proceedings have been viewed as an 8
•
Serving JP’s and C.decs Throughout Queensland
important protection for persons charged with more serious criminal offences, whether in terminating the proceedings before trial or at the trial. Except in the rare case of an ex officio indictment, no indictment is presented in a higher court unless a magistrate has decided that a reasonable jury, properly instructed on the law, could convict. Witnesses generally give oral evidence and are subject to crossexamination, thus allowing the defence to discover the full extent of the prosecution case and test the major allegations. At any trial, the jury can observe witnesses as they give their evidence and are cross-examined. There are some statutory exceptions, but, until now, they have not jeopardised the fairness of the proceedings. The practical result of recent legislative changes to the law affecting child witnesses is that, except in special cases, the police statement of a child witness (usually in the form of a video-taped interview) will be tendered at committal without the child giving oral evidence or being cross-examined. For cross-examination to occur, the magistrate must be satisfied of a range of specified matters and, in addition, that it cannot be left to the trial. This virtually ensures that the defendant will be committed for trial on untested allegations. The child will also generally not give any evidence at trial. Instead, a video-taped recording of the child’s evidence (including any crossexamination) will be made in advance of the trial and tendered at the trial along with the child’s police statement. The jury will need to assess the child after viewing the recording played in court, and considering the police statement together with the other available evidence. Furthermore, the new laws preclude the defence from suggesting that the jury consider the dangers of acting on the child’s pre-recorded evidence because of the circumstances in which it was given. These and other changes make sexual cases much harder to defend. Act No. 3 redefined the offence of maintaining a sexual relationship with a child under s 229B of the
Criminal Code (commonly charged in conjunction with substantive offences) so that it now states that an unlawful sexual relationship is a relationship that involves more than one unlawful sexual act over any period. Formerly, three or more acts were necessary. The prosecution has been relieved of the usual obligation to give particulars of any alleged act, and a jury can convict without two or more members agreeing on a single act provided that they are unanimously satisfied beyond reasonable doubt as to the existence of the relationship involving sexual acts. In summary, the legislation will permit a good deal of extremely generalised evidence to be led in sexual cases and result in less scrutiny of child allegations. The area in which it is likely to impact most strongly on the defence is in those cases where there is little or no corroboration and the outcome depends substantially on the credibility or reliability of the complainant. In explaining the changes to the law, the Attorney-General (Mr. Welford) stated in a press release that, “by limiting the trauma and distress for a child appearing in court, we will improve the reliability of evidence”. That view, with respect, is a questionable one. There is now compelling scientific research that a wide range of suggestive techniques, especially in the hands of biased interviewers, and especially when used in combination, can bring children to make claims about events that they have never experienced: Stephen J. Ceci, Ph. D. and Maggie Bruck, Ph. D. (1995) Washington, DC: American Psychological Association “Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony”. Writing in the “Developmental Review” 22 (2002) 334, Robert Rosenthal, J.D. said (at 338): “Cases involving charges of child abuse are often decided solely on accusations made by children. Absent physical evidence, an adult witness, or a confession, the only evidence of abuse may be the claims of the child
Volume 2
complainant. In these cases, it is important to understand how the accusations of abuse became known. Some times a child spontaneously reports abuse. Other times, accusations of abuse do not arise until a child is questioned, for one reason or another, by an adult.
It is reasonable to think that legislators concerned to introduce measures for children’s testimony so as to limit their trauma and distress might apply the same rigour into ensuring that those accused of sexual allegations will be protected from evidence exposed to corrupting or tainting influences. If evidence has been When accusations are not freely or contaminated, fairness surely dictates that the spontaneously disclosed by a child, it is defence should be free to expose it at the first crucial to know the methods by which available opportunity. Yet in most cases any they were produced. This is because, as contamination will be covert and, therefore, the scientific research shows, certain the special conditions for cross-examination methods of questioning have the power to will not be met. A measure of protection compromise the accuracy of children’s might be achieved if it were required reports and even cause children to report (preferably by statute) that video-recordings having experienced events that never be made of all initial interviews with family occurred. members and indeed other persons whose contacts with the child concerned might have For more than a decade, social scientists compromised his or her memory and recall. have generated an ever-growing body of In Queensland, police regularly explain their scientific research literature documenting failure in this regard by pointing out that, that certain types of suggestive unlike police interviews with children, such questioning methods may cause children interviews are not admissible in evidence, or to make inaccurate reports. The research that they are not obliged to do so. There is has also revealed that inaccurate reports also a real problem with interviewer bias. resulting from those suggestive methods Investigators show a marked reluctance to are often indistinguishable from accurate investigate the background to a complaint, as reports. That is, there is no way to if to do so would betray a lack of sympathy determine a true report from one created for the complainant. Too often, they do not by interviewer suggestion. Thus, absent adopt neutral interviewing techniques, indicia that the post-suggestion pursuing a single hypothesis that abuse has statements are reliable, there is no way occurred and the alleged offender is to support a claim that they are what responsible, and even starting the interview they purport to be: a reflection of the by outlining what a parent has told them the child’s experience rather than the child has said! Leading (and misleading) interviewer’s influence.” questions are common. In the rush to protect
QJA Annual State Conferece Proudly sponsored by Suncorp Saturday 2 October 2004 9.15am to 5.00pm at Easts Leagues Club Main Avenue Coorparoo
•
Number 1
•
WINTER 2004
the child, it seems to have been forgotten that the innocent also have a right to be protected against false allegations. The new measures for children giving evidence in Queensland courts assume that the credibility and reliability of their evidence will be enhanced by the process. In my opinion, there is a real risk they will have precisely the opposite effect. In most cases, the child will give evidence for the first and only time after the indictment has been presented and before the trial. The jury will only see a video-recording of the evidence, and will therefore not have the opportunity to observe the child in person. Because the defence will usually have only one chance to cross-examine, it will be cautious in testing evidence where the results are unpredictable, particularly if it feels it does not have all relevant information. If, on the other hand it pursues such information, the opportunity to test a child’s evidence, already delayed, is likely to be further delayed, and, having regard to the passage of time and the effects of outside influences, may render it futile to embark on any cross-examination at all. Courts do possess a discretion to exclude evidence if it appears to be unreliable, but are generally reluctant to use it for fear of usurping the function of the jury. Faced with the erosion of traditional safeguards, they may have little choice if an unfair trial is to be averted. The Author is a Queens Counsel who specialises in Criminal Law.
Your Journal We welcome the submission of news items and short articles for the QJA Journal. Articles relating to JP and C.dec functions and duties will be favourably received. Matters of interest to Members generally arising in your Branch are particularly sought. Please forward to the Editor, The QJA Journal, PO Box 1766, Broadbeach, 4218 or e-mail to awbrown75@optusnet.com.au
Serving JP’s and C.decs Throughout Queensland
•
9
THE
Q.J.A. JOURNAL
Members Questions & Answers
?
??
Each Journal we answer questions raised by Members. You can raise a point or ask a question by writing to the Editor, if the matter is urgent, you can telephone State Office on (07) 3392 2455 or 1800 061 423. Q.May I ask if a Fax is accepted as an “original copy”? Can I certify a photocopy of a fax and say it is a true copy? A. A faxed version of a document is an original document in its own right for the purpose of certifying a true copy of the fax itself. You will need to modify the wording on the usual certification of a copy by saying “I certify that this is a true copy of a fax the original of which fax I have sighted”. Q.Is it necessary for JPs to put their address on certain documents they are witnessing? A. The question of giving details for various documents varies from State to State. What applies in Queensland may not be the same as what applies for another State. So the answers given may not apply if the documents do not come from a Queensland source. The general situation in Queensland is that so long as you use your seal and pin number and in some cases print your full name, you do not have to give anything more. However, some commercial organisations and Federal Government Departments will ask for contact details so they can audit the documents they receive. For Queensland the following situation applies: • Revocation of Power of Attorney does not require a person to give their name or address but simply to witness the document. • Personal Injury Proceeding. Generally the rule is that so long as you use your seal and pin number you have given sufficient information. If the form calls for further information it is up to you as to whether you feel comfortable giving the other information. If in doubt contact the person who prepared the document and ask why they want the additional information and whether they will accept the form without the additional information. If still in doubt or not happy with the explanation, do not sign but refer the person to another JP or C.dec. • Certificate of Witness (Mortgage). The Land Titles form simply requires the full name and qualification of the witness. Some financial institutions require a witness to give contact details for audit purposes. If you are not willing to give the details, refer the person to another JP or C.dec. • An Application for Australian Citizenship. This is a Federal (Commonwealth) document. As it applies Australia wide and some States do not have the same system as Queensland, they ask for details of the JP so they can check the witness on an “audit” basis. If you are not willing to give the details, refer the person to another JP or C.dec. • Form 19 Acknowledgement of Service. This is a Family Court document and this is once again a Federal or Commonwealth document. As it applies Australia wide and some States do not have the same system as Queensland, they ask for details of the JP so they can check the witness on an “audit” basis. If you are not willing to give the details, refer the person to another JP or C.dec. 10
•
Serving JP’s and C.decs Throughout Queensland
• Federal Magistrates Court (Bankruptcy), District Court (Bankruptcy), Supreme Court (Bankruptcy). These are all Federal documents. As they apply Australia wide and some States do not have the same system as Queensland, they ask for details of the JP so they can check the witness on an “audit” basis. If you are not willing to give the details, refer the person to another JP or C.dec. • Certified Copies for Superannuation Roll-over. Once again Federal Law governs this and the same applies as noted above. • Multi State Statutory Declaration. Provision is made for the witness to give details that are not normally required in Queensland as the document is intended for use anywhere in Australia and the comments about Federal documents apply equally here. Q.What do I need to do to satisfy myself that I can witness a Land Titles document? A. Some confusion arose recently when a bank issued its own guidelines for staff as to what is required to satisfy its staff member to witness a Land Titles document. The direction to staff does not apply generally to Justices of the Peace or Commissioners for Declarations. What a JP or C.dec needs to do is: • Have the signatory provide proof of identity. Because of the nature of Land Titles documents and the substantial impact on the financial security of the land owner it is important that substantial identification documents are produced. • Ensure that the signatory is the holder of the relevant interest in the land. This interest may not yet be registered, such as in the case of a buyer of a property signing a mortgage Form 2. You should be satisfied by sighting relevant bank or lawyer’s correspondence that shows the person producing the documents to witness is the person referred to in that correspondence. Check addresses on the correspondence and the driver’s licence to see if they agree. Use commonsense but be satisfied before witnessing the document. • Question the signatory to confirm that they understand the nature and effect of the document to be signed. If you are not satisfied that the signatory has the capacity to sign the document, you should refuse to witness it. • As always ensure that the document is signed in front of you. • Ensure that you are not a party to the transaction. • Print your FULL name and place your seal next to your signature when you witness the document. (Remember to insert your registration number). With the new forms there is very little space for the seal and it may obscure some of the information required on the form. If that is likely to happen, you can make your mark (See News in Brief – JP ID Checked in this edition for details). • Enter details of what you have done in your log book.
Volume 2
Q.When do I issue a 72 hour search warrant instead of a 7 day search warrant? A. A warrant to search for evidence already on premises expires 7 days after it is issued while a warrant to search for evidence that is expected to be there in the future expires after 72 hours. The JP (Qual) Manual (page 91) states this is done to protect the rights of the occupier. Q.Can a JP use their signature and stamp on their own documentation requiring a JPs signature? A. No. If the JP or C.dec is a party to a document, they cannot witness any other party to the document signature. The Land Title legislation expressly excludes the JP or C.dec from witnessing a document in which the JP or C.dec is a party. As a general rule the relationship between the JP or C.dec and the document will create a “conflict of interest” which has the potential to void the document entirely. Accordingly, ask another JP or C.dec to witness the document and avoid any problem in that way. Q.Can a JP use their signature and stamp on personal forms such as applications for drivers/boat/gun licences that do not require a JP’s signature legally? A. It is acceptable to use the title as follows – When signing as a Justice of the Peace (or Commissioner for Declarations) • In Correspondence that is - Personal - On private notepaper - Relating to social functions. • Public company prospectus or annual report. • Personal visiting cards. • On a gate plate. • Professional business cards and business letterheads with other honorifics and qualifications. • Marriage, civil celebrant advertisements in Yellow pages or business cards. • Published letter in newspapers and journals only when directly related to Justice of the Peace (or Commissioner for Declarations) matters. • Election pamphlets and verbally for parliamentary and local elections. It is not acceptable to use the title as follows – • Cheques. • Drivers and other licences of a general nature. • Commercial advertising. • Election billboards. • Business envelopes. • Personal documents not related to Justice of the Peace (or Commissioners for Declarations) matters. • When clearly intended to create a business or similar advantage. • Use of “Justice” or “JP” ( or “Commissioner” or “C.dec”) in e-mail or fax addresses. The over-riding principle is that no use should give the impression the use of the title is for the purpose of furthering trade, business or professional interests or enhancing the status of an individual relative to his or her peers.
•
Number 1
•
WINTER 2004
QJA Branch Contacts CAIRNS – PETER VESELY 28 Illuta Street Rasmussen 4815 Telephone 0408 208 958 GLADSTONE – STEPHEN MILLS 130 Auckland Street Gladstone 4680 Telephone: 4979 1756 GLASSHOUSE MOUNTAINS – REV JOHN BARFOOT 54 Parkview Road Glasshouse Mountains 4518 Telephone: 5438 7013 GOLD COAST – VALERIE AUMANN 19 Keel Court Currumbin Waters 4223 Telephone: 5598 1543 HERVEY BAY – JAN STAFFORD P O Box 1006 Hervey Bay 4655 LOGANHOLME – PAULINE HARRIS 617 Underwood Road Rochedale 4123 Telephone: 3341 5555 REDLANDS (Formally Capalaba) – JOHN GRAHAM 49 Alpinia Street Alexandra Hills 4157 Telephone: 3824 2014 ROCKHAMPTON – RAY YOUNG OAM 102 Glenmore Road Rockhampton 4701 Telephone: 4927 4155 SEQ – LOGAN – BERNICE LIPPIATT 5987 Mt Lindsay Highway Park Ridge 4125 Telephone:3802 2557 TOOWOOMBA – BOB PILKINGTON 32 Blackstone Road Newtown 4305 Telephone: 3812 1865 Telephone: 0412 782 743 TOWNSVILLE – RUTH SCHOKKER-JOHNSON PO Box 4220 Kirwin 4817 Telephone: 4722 6777 (W) 4770 7040 (H) IPSWICH – DAVID KINNELL 41 Herbert Street Sadliers Crossing 4305 Telephone: 3281 4986 We encourage you to contact a Branch nearest you. Serving JP’s and C.decs Throughout Queensland
•
11
THE
Q.J.A. JOURNAL
Conflict of Interest or Resolving an Interesting Conflict? Dr. Anthony Watson-Brown, JP (Qual) We hear the expression “Conflict of Interest” regularly in our daily lives particularly relating to people in public service. Do we really understand what we are hearing or saying? Does the expression enter our lives or is it restricted to big business and the public arena? Let’s look at the position of the Justice of the Peace and Commissioner for Declarations first. As Justices and C.decs the expression “conflict of interest” has a special meaning. We do not witness documents when we have a “conflict of interest” situation. What constitutes a “conflict of interest” situation for us in our duties? The Manual on Duties of Justices of the Peace touches several areas related to conflict of interest that we should consider. At page 26 under the title “Things to bear in mind” in Chapter 2 “Witnessing documents- General procedure” we find the warning • Do not complete the document yourself. You should not, under any circumstances, act on the signatory’s behalf by filling in the details of a document that you intend to witness. If a person who is unable to write asks for helping completing a document, you should ask them whether they want you to: - Find someone else to help them complete it - Or give the help yourself, and then refer them to another JP or C.dec to witness the document. This warning is given so that you do not put yourself into a position of a conflict of interest as the preparer of and witness to the document. As the preparer you are putting some of yourself into the document and unless you are trained to be able to distance yourself from the party wanting the document you will find you are embroiled in the subject matter. That does not make you a proper person to witness the document. Turning a couple of pages to page 29 a Frequently Asked Question is noted as follows: Am I allowed to witness the signatures of friends or relatives? You should make it a rule never to witness a document signed by a friend or relative. If you fail to follow this rule, you could be accused of bias, and you could place the document in jeopardy if it is challenged at a later time. With some documents, such as Enduring Powers of Attorney, legislation prohibits you from being a witness if you are related to the signatory. The question then deals with wills and adds at the end However, some legislation may require the witness of the signature to have personal knowledge of the signatory. 12
•
Serving JP’s and C.decs Throughout Queensland
Indeed in the older versions of land titles legislation in some States the requirement was that the person witnessing had to declare that the signatory was “a person well known to me”. This was to attempt to avoid fraudulent signing of important documents. Modern legislation has sought to overcome the problem by placing a requirement on the witness to “take reasonable steps to ensure that the individual is the person entitled to sign the instrument or document” (See section 162(a) of the Land Title Act 1994 and section 311(a) of the Land Act 1994 recorded at page 57 of the JP Manual.) These new provisions overcome the need to know the signatory personally and places land title documents in a similar position as other documents so far as conflict of interest is concerned. The requirement to ensure the signatory is “the person entitled to sign” goes further than just checking a driver’s licence as the witness needs to know the signatory is or is about to be registered with the interest in the land that the document affects. The check does need to be thorough as recent fraud cases have revealed the deviousness of some people in society. The warning given in the JP Manual also raises the question “who is my relative or friend?” for the purposes of giving rise to a conflict of interest. With modern society having a more relaxed view as to the formality of relationships, a person who would otherwise be a relative by marriage but is not as the marriage has not been formalised should fall into the “relative or friend” category. As far as friends are concerned, it is suggested that you ask the question “Would I leave this person off the list of guests if I was having a special party?” If the person is so close that you would not think of having a party without them, then they are certainly in the area of friends whose documents you should never deal with as a witness. If the person was more distant a friend, more of an acquaintance, then the stringency of the test lessens and, unless the documents are extremely contentious in their own right, you would normally be safe to witness them. For contentious matters it is safer to refer the person to another totally independent witness. Another matter that we should bear in mind is contained in the standards required for JPs found at page 165 of the Manual. Point 12 reads – 12 You should not be pressured into signing a document. Take time to ensure that the documentation is correct, and if you do not know, find out before you sign it. This is wise advice and applies to the conflict of interest situation as much as to the form or content aspect of a document. Remember help is only a telephone call away with the QJA freecall for non-suburban Brisbane members and the QJA State Office local call for Brisbane members.
Volume 2
Can a conflict of interest arise in our simple lives, too? At what point does ‘doing a favour for a mate’ become a conflict of interest? Most of us at some time have joined an organisation even if it is as simple as a junior sports club. A committee will run the body but any committee involves the exercise of power, however small. As soon as a committee comes into existence there is the potential for conflict of interest and, heaven forbid, corrupt and illegal practices. Sounds exaggerated? Not at all! Whether it be the question of who is the selector for the team through to what shop gets the order for the team equipment, the committee will make decisions that people will like to influence the outcome. How do we get on the committee? Usually this happens by default - the committee is made up of willing workers. In a small number of instances however this is not the case. There are some in the community who seek public adulation and this can be their motivation for wanting to please particular people. It is a fine line between doing good in the community for the sake of the community and seeking selfaggrandisement. Simple lust for power can drive others. If a person is used to ordering others about they may think it is their right to do so in a voluntary organisation. This is unfortunate. Voluntary organisations should be run by the Committee and not by such domineering members. This lust for power is a conflict of interest that can destroy the best-intentioned organisation. How do we overcome the potential for conflict of interest problems? Most organisations have an established network of members who immediately recognise, intuitively, the problem. Some simple rules can assist. • Regular Committee meetings of organisations usually nip the problem in the bud. • Use two people to make decisions and rotate the decision makers. This way it is more difficult for a corrupt practice to develop. • Use auditors wisely. Once a year there is a chance to see if anything is out of order. Choose someone who will take the auditor’s role seriously. Remember audit is a selection of samples - not a page-by-page examination of the books and records - so it will not necessarily reflect a problem but it is a good tool. • Listen if someone complains and get an “independent” member to review the complaint. • Ensure that two people review correspondence both in and out. Disclose all correspondence at committee meetings and, as a committee member, ask to see correspondence at least from time to time. • When dealing with property always ask, “Am I going to profit from making this decision?” If the answer is “Yes” no matter how remote the profit, there is a conflict of interest that needs to be at least disclosed. The author is a lawyer with extensive experience in Queensland and other jurisdictions in Australia and overseas.
•
Number 1
•
WINTER 2004
Training The next JP (Qual) Examination is Wednesday 8 September at 6:00 pm. JP (Qualified) Training Courses are being provided in Brisbane, Hervey Bay and on the Gold Coast. BRISBANE – QJA House, 751 Stanley Street, South Brisbane. Please contact State Office on (07) 3392 2455 for details of the courses being run. GOLD COAST – Please contact the Training Officer on 5538 5605 or 0421 188 309. Course times and dates are 14, 15, 28 August and 4 September from 9:00 am to 4:00pm. HERVEY BAY – Please contact the Hervey Bay Branch through Jan Stafford on 0412 782 743 or Facsimile (07) 4124 5618 or at charolais4655@netscape.net
The November JP (Qual) Examination is Saturday 13 November at 9:00 am. JP (Qualified) Training Courses are being provided in Brisbane and on the Gold Coast, Hervey Bay and Maryborough BRISBANE – QJA House, 751 Stanley Street, South Brisbane. Please contact State Office on (07) 3392 2455 for details of the courses being run. GOLD COAST – Please contact the Training Officer on 5538 5605 or 0421 188 309 HERVEY BAY & MARYBOROUGH– Please contact the Hervey Bay Branch through Jan Stafford on 0412 782 743 or Facsimile (07) 4124 5618 or at charolais4655@netscape.net
Change of Address Please contact the State Office phone 07 3392 2455 or email: theqja@powerup.com.au if you have any change of address/telephone/email details.
Serving JP’s and C.decs Throughout Queensland
•
13
THE
Q.J.A. JOURNAL
Letters We received over 100 letters and e-mails after the Autumn Journal. We cannot publish all but thank you for your support and kind words. The strong message that came through is that the Journal and QJA are assisting you in your work. A Member sent the following e-mail.
forms as the client has to leave, then return with the resworn document at a later date.
22/04/2004 Greetings and salutations from Burketown, Congratulations, QJA Journal is going from strength to strength – is excellent means for those of us JPs that don’t live in the S.E. corner of Queensland in helping us keep up to date with the ever happening changes. I liked the index to the JP duties manual. Regards Rusty Cunningham
In the witnessing of documents, probably the worst (and often common) error is that every page of an Affidavit has not been signed and witnessed. As most forms have to be submitted in triplicate, the reswearing of these forms takes considerable time. If there are annexures, these must be properly signed and dated on the same day by the J.P. who has sworn/affirmed the body of the Affidavit. Wording of the Annexure should be as followsThis is the Annexure marked “A, B, C, etc” referred to in the Affidavit of (Deponent’s full name) sworn/affirmed before me this ………… day of …………… Signed ………………
The following letter was received from a Member. McDowall 4053 1.6.04 Dear Sir, I am writing in regard to the witnessing of Affidavits and other forms that are to be submitted to the Family Court. As a volunteer J.P. at the Court, I have seen the distress of client who have had their forms incorrectly witnessed. These clients frequently are already in a state of turmoil, and an incorrectly witnessed document just adds to the stress, and the counter staff at the Court often, unjustly, have to face the brunt of the anger. If there is no volunteer J.P. on duty at the Court, it can also mean that additional time is lost in the lodging of the
If these simple procedures are followed, it may lessen the stress on both clients and staff, and would help ease some of the distress of clients at a vulnerable time in their lives. Yours faithfully Valerie Marlow J.P. (Qualified) Ed Note. The writer also enclosed a copy of the “Application for Divorce Filing Checklist” that Members should obtain from the Family Court to complete their personal materials file if they are involved in signing divorce affidavits.
Merchandise The following merchandise is now available and will also be at the QJA Annual State Conference for all Members to purchase. JP Pin Badge . . . . . . . . . . $3.50 incl GST Pocket Badge . . . . . . . . . . $9.50 incl GST Biro . . . . . . . . . . . . . . . . . . $1.00 incl GST Quality Biro . . . . . . . . . . $6.00 incl GST Coffee Mug . . . . . . . . . . . $7.50 incl GST Cap . . . . . . . . . . . . . . . . . $19.50 incl GST Car Sticker . . . . . . . . . . . $3.00 incl GST Certification self-inking and other rubber stamps are available on request.
Publications
The Duties of Justices of the Peace (Qualified) Manual $13.20 incl GST
The Administrative Duties of Commissioners for Declarations $6.60 incl GST
14
•
Serving JP’s and C.decs Throughout Queensland
Volume 2
•
Number 1
•
WINTER 2004
Loganholme Hyperdome Signing Centre Opening Day Left to right: Sue Paulsen, Bonnie Lippiatt and Pauline Harris
Left to right; Joseph Law, Hon. Rod Welford, Hon. Paul de Jersey, Anthony Watson-Brown
Gladstone Meeting Left to right: John Grainger (Sec), Stephen Mills (Chairman), Ray young (Director) and Joe Lam (President)
Left to right; Joseph Law, Hon. Paul de Jersey, Garry Franks
Q.J.A. Annual State Conference Proudly Sponsored by Suncorp We have set Saturday 2 October 2004 for this year’s Annual State Conference. With a generous offer of sponsorship from our new bankers Suncorp we have been able to arrange a fantastic day at minimal cost to Members. The subscription is $10.00 for the day which includes morning and afternoon tea and a light but filling lunch at Easts Leagues Club in Main Avenue Coorparoo. Places are limited so early registration is essential.
Judge Robert Hall (DCJ ret.) will give a “keynote” speech on the theme. No longer bound by the constraints of office, the Judge is sure to raise some issues that we would all like to be aired.
The theme for the Conference is “Justices in 2014”.The morning is devoted entirely to a discussion of where we are as JPs and C.decs and where we are likely to be in 10 years from now.
Dr. Paul Wilson, respected legal social commentator, has agreed to summarise the points made by speakers.
The afternoon will be set aside for practical issues we meet daily in carrying out our duties. The President has insisted that at least an hour be dedicated to a Members Forum to discuss issues you want to raise.
Both the Government and the Opposition have been invited to contribute and it is likely to be an interesting exchange of views on the way forward.
Senior officers from the Registrar of Titles Office, Family Court and the Police will talk on current issues after lunch followed by a Members’ Forum. Please let us know in advance if there is any particular topic you wish to raise.
We have arranged an exciting line up of top speakers.
You can register by sending a cheque or money order to State Office or by ringing Yvonne with credit card details at the State Office number.
The Hon Paul de Jersey, Chief Justice and Patron of our Association will open the Conference.
See you at the QJA Annual State Conference on Saturday 2 October 2004 from 9.15am to 5.00pm. Serving JP’s and C.decs Throughout Queensland
•
15
The
Q.J.A. JOURNAL
What Q.J.A. Means QJA exists to support members in carrying out their Office as Justices of the Peace and Commissioners for Declarations. Membership fees are our major source of income. Without membership fees we cannot provide the services you need to be competent and informed JPs and C.decs. QJA is established to:• • • • • • • • •
Encourage high ethical standards of conduct of Members in performing their Office. Promote and maintain the status of the Office of JP and C.dec. Provide Members with advice on the duties, rights and obligations of the Office they hold. Represent the interests of Members specifically and the Office generally to the Government and to the general community. Provide education and training to advance the interests of Members and potential members. Monitor relevant changes in legislation, assess the impact of these and advise Members accordingly. Provide Members with a forum for the exchange of views and ideas. Promote fellowship and goodwill between the Members. Promote fellowship and goodwill between Members and Office holders who are not Members as well as Justices of the Peace from other jurisdictions.
Membership costs less than a dollar a week and as a member you have access to an organisation that promotes these ideals. You will receive four journals a year that cover current and topical matters relevant to JPs and C.decs. QJA provides at minimal cost members badges, car and letterbox stickers, ID cards, certification stamps and other materials to assist JPs and C.decs in carrying out their duties. We promote through our regional branches discussion of topics relevant to members. Our organisation meets at least once annually to further those discussions throughout the membership. Our training courses provide primarily for persons wishing to become JPs. We support local refresher courses and training information to members through our branches to keep members up to date. Over the next 2 years we aim to open a number of new Branches. Please let us know if you want to participate in this exercise. If you live in an area that has an existing branch you should consider using the facilities offered and extend your JP network. It is vital that you continue to support us so we can support you. If you have any suggestions, please take the time to write to the Registrar so the QJA can be responsive to the wishes of members.
The QJA Journal is compiled by an Editorial Board on behalf of the QJA. Editor Dr Anthony Watson-Brown
Sub-editor Mrs Bernice Lippiatt
Sub-editor Mr Garry Franke
The views expressed in Articles published in the QJA Journal are not necessarily the views of the Queensland Justices Association or the Board of Directors. © Queensland Justices Association, claims copyright in all material published in this Journal. No material may be copied or reproduced without the written consent of the QJA. Printed by IPG Print, Telephone 07 3350 4262, 4 Millway Street Kedron Qld 4034. 16
•
Serving JP’s and C.decs Throughout Queensland