Vol 1 no 4 summer 04 by Queensland Justices Association

The

VOLUME 1 • NUMBER 4 • Summer 2004 - 05

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 — Established in 1918

president’s letter

from the board

NEW MEMBERS

merchandise

roll of honour

news in brief

letter to the editor

editorial

Q&A

Official Magazine of the Queensland Justices Association

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.

QJA News Briefs

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.

Your Questions Answered

state 10 qja conference news Opening

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.

Speech – Judge R Hall

speeches Hon Anna Bligh Mr Neil Hamilton-Smith

12 speech Hon Bob Quin 13 speech Dr Paul Wilson 14 branch contacts

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

14 training

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

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Serving JPs and C.decs Throughout Queensland

15 conference photos

The Chief Justice opening the 2004 QJA Annual State Conference

Chief Justice opens State Conference The Patron of QJA, the Honourable Paul de Jersey, A.C., Chief Justice of Queensland opened the Annual State Conference for the Association on 2 October. The theme for the Conference was ‘Justices in 2014’. The Chief Justice spoke positively of the advances made by the Association over the past year. He referred to the constitutional changes, the reversion to the original name of the Association and the development of Branches with the flow on effect of opening signing centres for the delivery of members’ services to the public. His Honour noted also the active fostering of a good working relationship with the Minister, the Department and the Judiciary. Establishing new Branches throughout the State also led to greater development in membership and expression of views and were major benefits from this particular activity. The Chief Justice praised the QJA Journal as a mirror of the activism of the parent body. Among the other matters the Judge

mentioned were the accessibility to Justices and Commissioners via the Internet and Signing Centres. In his speech His Honour recited the Goals of QJA as set out on page 16 of the Journal and stated these were plainly worthy goals and praised the Association for binding Justices and Commissioners to the mission of public service which must distinguish them. The morning speeches focused on the Conference theme and are covered in detail in this Journal. The afternoon was dedicated to practical issues. Ms Diane Pendergast, Senior Assistant Registrar from the Family Court spoke on recent changes to the Family Court Rules, Mr Stewart Abbott, General Manager, Land Titles Office, Bundall addressed Members on Land Title issues while Det Sn Sgt Tim Ledbetter of Queensland Police, CIB, Dutton Park covered “Search and Arrest Warrants” in his talk. Over 90 persons attended the one-day Conference held in Brisbane.

QJA MEANS 16 WHAT to members Serving JPs and C.decs Throughout Queensland

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VOLUME 1 • NUMBER 4 • SUMMER 2004 - 05

The

Q.J.A. JOURNAL

Our Patron

State Conference Speakers & Officials

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 The Patron, Chief Justice Paul de Jersey with the Board of Directors

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 4125

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 e-mail: r.pilko@optusnet.com.au

Left to Right: MC. Vice President Bob Pilkington, Hon. Anna Bligh, President Joseph Law

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: qjahb@hotmail.com

Left to Right: Prof. Paul Wilson, President Joseph Law, Judge Robert Hall and Timekeeper, Director Ray Young OAM

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 Left to Right: Mr. Neil Hamilton-Smith and Hon. Paul de Jersey

STATE OFFICE

HELPFUL NUMBERS FOR JPs

751 Stanley Street Woolloongabba Q Postal Address: PO Box 8419 Woolloongabba Q 4102

Adult Guardian Customs Watch Dept of Families 24 hour crisis line Dept Foreign Affairs & Trade Consular Assistance Dispute Resolution Centre Mental Health Orders (office hours) National Security Hotline Public Trustee

Telephone: Free call: Facsimile: E-mail: 2

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(07) 3392 2455 1800 061 423 (07) 3392 2955 Website: www.qja.com.au theqja@powerup.com.au

Serving JPs and C.decs Throughout Queensland

1300 653 187 1800 06 1800 (07) 3235 9999 (07) 3405 4799 1300 555 135 1800 017 288 (07) 3835 1444 1800 123 400 1300 360 044

Suncorp can help with your banking, lending and insurance needs. Our friendly and experienced team has an in depth knowledge of our community and local business. We’d be very happy to help you with your banking, lending and insurance needs. Come in and meet the team at 50 Bulcock Street, Caloundra, call us on 5439 4688 or email me directly at kylie.jackson@suncorp.com.au

BANKING INSURANCE INVESTMENT

Left to Right: Director, Dr. Anthony Watson-Brown, President Joseph Law, Hon. Bob Quinn, Judge Robert Hall and Professor Paul Wilson

Various products and services are provided by different entities of the Suncorp Metway group. The different entities of the Suncorp Metway group are not responsible or liable in respect of products or services provided by other entities in the Suncorp Metway Group. SUNRBFA7719 Serving JPs and C.decs Throughout Queensland

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VO LU M E 1 • NUMBER 4 • SUMMER 2004-05

A Letter from the President Dear Members, This, my first year of being QJA President has been exceptionally successful in terms of the great increase in financial members and the number of new Branches being established, namely, eight with four more in the New Year. When I took over in December 2003, the number of financial members was greatly reduced. In the past year we have almost doubled the financial members. Isn’t this great news in terms of our viability as an Association. QJA has not been very financial for about ten years or longer. Thanks to all those QJA members who supported actively our great Association. Of course, your Board of Directors must be given credit for this outstanding financial achievement.

These should be exciting times with bright prospects for further membership and Branch development. I personally thank each and every one of you QJA members for being in our great Association. I look forward to being President for this second year of my term until September 2005 when I take over the Presidency of the National JP Association, the Australian Council of Justices Associations (ACJA). The National Presidency lasts for only one year to September 2006 with the next National Presidency coming to Queensland in seven or eight years time. The National ACJA Convention will be held in Queensland in 2006. Your Board of QJA Directors and myself, as your President, do hope you had a safe and merry Christmas, and do wish you all a very happy and prosperous New Year. God bless you all

The State Conference in October was a success. This Journal gives an overview of the proceedings that day for those who were unable to attend. I encourage you to review what our State leaders are thinking about Justices of the Peace and Commissioners for Declarations as this will impact on us all.

Joseph Law PRESIDENT

We at QJA have made decisions about the future management of the Association which will be unveiled over the next three months.

From the Board The Board has been focusing on Membership in recent months. A decision to re-structure QJA management was difficult but necessary to ensure proper management and development of the Association. A selection Committee has interviewed a strong field of candidates for the full time position of Registrar. The position will be taken up as this Journal goes to press – more about this significant development in the next Journal. Membership is up and we are looking at strategies to further develop the member base. The support of a full time Registrar should assist greatly in this area. We commenced replacing our computer system during the last year and this should be completed in the new year. Our database will be upgraded to lessen the workload in State Office as significant changes in data processing technology have occurred since we set up the current database. This should free up time for the Registrar to concentrate on other relevant issues for the Association.

real picture of the involvement of the Directors based outside the southeast corner of the State. They have contributed significantly and when they have been unable to attend, these Directors have been involved in the issues prior to the Board meeting and subsequently in the processing of the decisions. Their individual contributions have been valuable and generally reflected in Board decisions. The size of the Roll of Honour proved to be larger than we had expected. Extra space has been provided in this edition so that the current Roll we hope will be completed in the next journal. The names included are drawn from details on our data base. We wish all our Members the best for the coming year and look forward to continuing to serve you during this exciting time.

One issue we have been trying to resolve has been the attendance of our regionally located Directors at Board meetings. The annual report in the last Journal reflected what we are required to report by law about Directors’ attendances at meetings. It does not paint the

Serving JPs and C.decs Throughout Queensland • 3

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Q.J.A. JOURNAL

Welcome to New Members The following have joined the Association since the Spring 2004 Journal: T. Warry A. Lindmark S. R. Black J. Landsberg S. M. Black H. Thorne G. Hamilton S. Snowsill D. Carney A. Martret R. Williams N. Little M. Gilbert D. Berry E. Porteous F. Goddard S. Jakab M. Curtis A. Landsberg L. Clarke C. Lawson J. Lai P. Blight J. MacPherson M. Kanje S. Gleeson A. Boatfield W. Cooke C. Ng L. Nadilo L. Wilcox L. Howard R. Hartley J. Solin J. Colvin D. McKinnon J. Bishton K. Summers S. Potter R. Symes M. Bell D. Barry J. Gordon P. Jones S. Sytsma J. Corby H. Van Gerrisheim M. Hall H. Wilson M. Lopez L. Johnson A. Brown N. Goon-Pan J. McVey M. Weir P. Fisher C. Horrobin M. Meagher W. Smith G. Hadson C. Gault O. Rinaudo A. Jevicki P. Excell J. McCann M. Scadding C. Weckerle M. White J. Percival M. Goodlet G. Cave D. Collins

J. Lin S. Hobbs G. Treloar V. Kennedy S. Philips J. Blackshaw M. Bone J. Davis E. Orwell M. Coe A. Walker G. Brimmell R. Cotter N. Cain A. Cannon G. Murphy P. Evans A. Solby-Dammann B. Nathan R. Fisher P. Hall M. Deeks A. Shiraze E. Bow

V. Krosch M. Timms G. Bailey B. Ekstrom R. Sinclair J. Tennent K. Stirk S. Kyle T. Davies M. Graham S. Henley C. Hovard S. Mills K. Masya S. Walters L. Walters D. Meredith R. Donkin

Vale We have received with sadness notice of the passing of the following Member: Edmond George Malouf

Merchandise The following merchandise is now available and can be ordered by ringing QJA State Office 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

4 â&#x20AC;˘ Serving JPs and C.decs Throughout Queensland

VO LU M E 1 • NUMBER 4 • SUMMER 2004-05

Roll of Honour The Association wishes to note the long service given by the following Members under their commission.

GOLD - 50+ YEARS OF SERVICE Leo Ryan Gerald McIntyre David Nilsen Herbert Olm Gordon Reisenleiter

Peter Wildin Denis Neilsen Gloria Strohfeldt William Riddel William Learmonth

GS L’Estrange Joan Rogers John Way Daphne Carpenter Theodore Ravenscroft

Julian Madden RD Meyers John Parker Thomas Callaghan Mervyn Richardson

Effie Edmistone Jack Littler John Ashmead Leslie Duthie

SILVER - 25+ YEARS OF SERVICE Edwin Cripps Lawrence Knust Margaret Weeks Kelvin Abraham Leslie Doyle Malcom Beattie John Grey Mavis Moo Jean Brailey Neil Salm Bernard White John Sheppard Maurice Page Gilbert Bertram Derek Grant Kenneth Irwin Ian Truscott William Cunningham William Taege Gordon Ellis Desmond Mullan William Barclay Susan Powell Gregory Lee-Manwah Barry McCarthy Trevor Price Dawn Bishop Noel Beattie Kenneth Foote Edmund Kowalski David Wright David Miles Geoffrey Miller Ronald Farina Janice Perkins Colin Noller Lewis Maguire Bernard Wriede Robert Gurney William Cahill Ian Olsson Robert Livingstone Ruth Brown

Keith Brady Leo Brown David Burgess James Chorlton Robert Gorringe David Harris John Irwin Leslie Morris Patrick O’Keefe Mary Harris Sydney Fardoulys Clarice Horton Joan Scott Hilda Symonds Ian Fullerton John McAuliffe Arthur Thompson Terence Keown Pauline Ruberry Geoffrey Bailey Henry Howell Graham Ross Joyce Robertson Norman Moore Margaret Loon Rowland Noakes Arthur Wyatt James Tobin Konrad Piat-Niski Brian Driscoll John Harvey Timothy Giles Graham Bousen Judith Easton Clarence Sheraton Royce Moroney Michael Collins Colin Roberts Jack Greenstreet Janette Beevers Hugo Fitz-Herbert Harold Sutcliffe Irene Johnson

Edward Bergan Grahame Savage Morris Birkbeck Donald Truesdale Hylda Bracewell James Archibald Oscar Wenzell Brian McCahon Alfred Pure Veronica Donaghy Michael Scott Bruce Tye Robin Ewing Dalma Jacobs John Donovan Hector Reghenzani John Lawson Keith Wilson Gary Emmerson James Underhill Peter de Jong Edward Westbury Patricia Conn David Conn Thomas Battle Keith Archos George Mesh Margaret Merefield Robert Brander William Palmer Giuseppe Trotta Neville Dudley Bruno Ciobo Salvatore Catalano Franco Cattana Vincent Wight Ronald Verri Joan Murday Glen Kingston Ronald Thompson Noel Sheppard George Graham Gary Cahill

Russell Dennis Richard Conroy Robert McCallum John Buzacott John Lynch Brian Foley Kenny Wong Norman Witney William Thomas Thomas Tassell Clive Skarott Ronald Seager Charles Reich Richard Nilsson Bob Lamberton Robert Fowler Elsie Clark Alfred Callaghan Geoffrey Bryant Euan Bruce Gustauvus Crawford David Davies Alan Dann Ralph Powell Carmel Bryce John Shelley Clive Strickland John Lowe John Dolan Malcolm Scott Reno Badesso Robert Wilson Alexander Lum Wan Frank Cutuli Anne Booy Eugenia Comino Eldon Bryant Douglas Wheeler Theodore Comino Ronald Kay Francis Gist Robert Palmer Henry Atkinson

Serving JPs and C.decs Throughout Queensland • 5

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Q.J.A. JOURNAL

Roll of Honour The Association wishes to note the long service given by the following Members under their commission.

SILVER - 25+ YEARS OF SERVICE continued Douglas Murray Michael Considine Vincent Koch David Murray Doris Stringer Neal Bannan Robert Parker Colin Spenceley Colin McKay Albert Callcott Neill Mitchell James Rebgetz Margaret Whelan Maureen Wharton Richard Westcott Alan Jennings Kenneth Ryan Lenore Camp George Apps Christopher Murray Gregory Walsh William Payne Annie Lyon Marion Rick Noeline Brooke Francis McFadden Denton Butcher Rodney Perry Leslie Suratman Clive Albert Alfred Smith Gregory Becknell Kevin Peatey William Rogers Lyle Overs Barry Allen Peter Fotinos Guiseppe Rigano Donald Smith George Cumes Russell Dennis Robin Whelan Marion Yu Wolfgang Liessmann Charles Finch Annie Patterson Kevin Molloy Janette Ellis Roselyn Kaden

Raymond Trenaman Kevin Bell Calvin Ogilvie Mary Cushnan Harold Weir William Smith Charles Duncombe Thomas Marks Raymond Ivins Kevin Walker Shirley Barton Betty Casey Charles Murgatroyd Warwick Carter Dennis Pearn Joseph Fendo Colin Fenwick Selwyn Perkins James McCloskey Eva Cunningham James Pascoe Clive Sinnamon Anthony Fiore Colin Brown Raymond Hawdon David Bernard Mervyn Huth Edmund Rogers Bernard Dokter Garth Stephens Demetre Diacaris Claire Dragona Peter Tsikleas Paul Zahner Brian Matthews Robert Hill Kyriacos Charalambous Neil Doherty Errol Loynes Kevin Bachler John Cranley David Storey Joseph Rosenberg Antonio Reggi James Skelly Melvyn Musch Gregory Wallen Michael Kelly Katherine McLeod

6 â&#x20AC;˘ Serving JPs and C.decs Throughout Queensland

Allan Pearce Joan Eacott Malcolm Davies Robert Reading Joyce Jensen Desmond Handlin Neville Barrett Kevin Coughlan Douglas Lucas Gerald Porter Thorold Ward Owen Stanley-Jones Douglas Lucas Ronald Lucas David Herbert Denis Sinnamon Ivan Rado Lawrence Luscombe Leonard Beirne David McBride Russell Vickers Walter Zadorin Allan Foley Harold Meecham Bryan Hayden Patrick Mackey Jonah Goldman James McKay Vivienne Dellit Wayne Jacobson Trevor Ashley Gloria Tonkin Walter Buldo Leslie Sainsbury Herbert Barr Desmond Maddison Graeme Wilson Bryce Plummer Neal Weston William Clarke Norman Hansen Ronald Shardlow Peter McMahon Cecil Schwartz Arthur Tealby Phyllis Allum Robert Wilson Clifford Greenfield Lyle Morris

William Foreman Douglas Hart Bruce Hook James Stephen William Forrester Kenneth Corley Janet Costa Edward Then Stanley Pullen Denis Mans James Loughridge Darryl Brandt Bruce Marjason Kay Cook Hazel Thomas George Hasling Norman Coldham-Fussell Daniel Moffat Graeme Vautin Malcolm Pullen John Bailey Gerald Rutherford Vivian Dagg Fredrick Burton Peter Sawyer Victor Deshong Harry Hirsch Michael McAfee Judith Akins Neville Page John Blyth Allen Dennis Marianne Boot Aspacia Kentrotis Harry Wszola

VO LU M E 1 • NUMBER 4 • SUMMER 2004-05

News In Brief Gold Coast Branch Buses it to the Conference The Gold Coast Branch put on a bus for its Members to attend the Annual State Conference held in Brisbane. The bus left Pacific Fair at 7:30 am picking up at Runaway Bay Shopping Centre on the way north arriving at the Conference refreshed and relaxed just before 9:00 am. “It was a good way to have Members attend the State Conference without the hassles of driving up the M1”, one Gold Coast Member was heard to say. Diane Knevitt who supervised the trip on behalf of the Branch, was equally enthused about not having to drive. “It’s great not having that drive up and back,” she said. 17 Members availed themselves of the service with some being dropped off at their doorstep on the return journey. Incidentally, Judy Lin of the Gold Coast was more than happy she caught the bus as she won the Lucky Door Prize at the Conference.

Police Officer’s uniform not sufficient ID for a JP A Member rang State Office saying they had experienced the problem set out in Members Questions & Answers on page 9 of the Spring Journal within one week of receiving their Journal. A young Police Officer attended the JP’s home to sign relevant police documents and refused to produce photo ID saying their uniform was sufficient ID. When the Police Officer was confronted by the JP with the possibility of hiring uniforms, the police officer pointed to the gun on their hip and said, “They won’t hire one of these to you.” The JP was not fazed and asked the officer either to produce photo ID or be on their way. The Police Officer went away without the document signed. So is there any validity in the Police Officer’s claim? A person should respect a Police Officer’s uniform in a general public situation. If a Police Officer in uniform gives a lawful direction, say, to stop a motor vehicle, you are required to stop. When a Police Officer in uniform asks a driver of a motor vehicle for their licence, the driver is required to produce it. If the driver is unable to produce it, they must do so within 48 hours to a nominated police station. In these circumstances a Police Officer’s uniform is sufficient ID. There is a presumption of fact that a person in a police uniform is a Police Officer.

The facts were that an elderly person attended a JP signing centre in the company of a friend stating they wanted to revoke an existing EPA and to make a fresh EPA. The JP chatted with the Principal both alone and with the new Attorney for about 30 minutes and formed the view the Principal was of sound mind. Before proceeding the JP suggested the elderly Principal should see their doctor and obtain a medical certificate saying they were fit to sign the EPA and the Revocation, as the JP’s view was that of a lay person and the documents were important. The elderly Principal immediately produced a medical certificate from a general practitioner which said the GP had seen the Principal that day and was satisfied the Principal was mentally capable of signing. The documents were executed. The Retirement Village where the Principal lived brought the matter to the Guardianship Tribunal as the old Attorney sought to continue to act along with the new Attorney. At the Tribunal, the doctor who issued the medical certificate noted they had seen the patient Principal once only and there was not a regular “doctor-patient” relationship. Another doctor who attended the Principal at the Retirement Village claimed the Principal was not competent at the time and the Tribunal accepted the Retirement Village doctor’s opinion. While the JP had done the right thing, it seems preferable to insist on the medical certificate coming from the Principal’s regular doctor, a fact unknown to the particular JP.

Investment Schemes It has come to the attention of QJA that some Justices of the Peace and Commissioners for Declarations may be being targeted for investment schemes because they are Members. QJA does not endorse any schemes or investments and suggests members take the following Seven Golden Rules as advice on investment schemes. 1. Investment schemes which promise spectacular returns usually deliver spectacular losses. 2. Be as careful and sceptical of an investment offered by someone you know as you would be of an investment offered by a stranger. 3. No matter who offers you an investment, always get advice from an independent person.

When carrying out JP duties, a JP should insist on photo ID. The JP is not acting “as a member of the public” but in many instances the JP is required to exercise a judicial discretion as to whether a Police Officer should be issued with a warrant, for example. The JP is acting as a check and balance on the exercise of state powers. Police usually have a warrant card or driver’s licence on them so it is not a difficulty for them to produce ID.

4. An investment that you must keep confidential is probably a scam.

Guardianship Tribunal rules EPA out of order

Acting Registrar of Justices of the Peace

The Guardianship Tribunal in a recent ruling found the acceptance by a JP that a Principal was sufficiently mentally alert to make an Enduring Power of Attorney was capable of being overruled on presentation of further medical evidence.

Ms. Francesca Adams has been appointed to act as the Registrar of Justices of the Peace in the JP Branch of the Department of Justice. Francesca will continue to act until the end of February by which time a permanent appointment should be announced.

5. Hang up on overseas callers buying or selling shares. 6. Get independent advice before you sign any documents to do with mortgages or your home. 7. Always get information in writing.

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QJA State Office has been working closely with Francesca in recent months. Ms Adams has had the task of overseeing the move of the JP Branch from State Law Office to the new Magistrates Courts Building on the old Roma Street markets site. Telephone numbers remain the same.

QJA welcomes new Branches and Signing Centres New Branches have been established at South Pine, Forest Lake, Western Suburbs and Pacific Pines. New Signing Centres have also commenced at Albany Creek, Forest Lake and Arndale Shopping Centre, Springwood. QJA welcomes these additions to the network offering services to both Members and the general community. Details of contacts can be found on page 14.

Letters The following is a Letter received from a Member in Yarraman: Thank you for your information regarding JPs in the Yarraman area. I am looking to set up a Branch for an area that is not too large but which covers the South Burnett. The towns and surrounding areas of Blackbutt, Benarkin, Yarraman, Nanango and Kingaroy are the more central ones and people will not have to travel too far for a meeting. The idea is to have a network of contacts of similarly minded JPs and C.decs who can refer to one another if difficult issues arise. As with other Branches, we would also like to have on going training from time to time without having to come down to Brisbane. The plan at this stage is to meet initially in February and set up the Branch with those attending working out the details of how often and where they want to meet. Members can contact me at home on (07) 4163 8461 to obtain details of when we will be meeting. Thank you once again James McCann JP (Qual) Letters to the Editor and other material for publication can be forwarded to The Editor, QJA Journal, PO Box 1766, Broadbeach, Qld 4218. We welcome letters, news items and short articles.

Editorial The success of the Annual State Conference was measured in the quality of the speeches given to, and information exchanged by, Members during the day long seminar. Over 90 people attended the 2004 Conference which was a significant increase on recent years. The standard of the venue was a vast improvement on the previous year with the main auditorium of East’s Leagues Club providing a comfortable environment for Members to meet and hear the speakers. Many also commented the luncheon and refreshments as being of a first class standard and all for the princely sum of $10.00 thanks to Suncorp sponsorship. The name “Annual State Conference” is confusing to some Members. What does it mean? The objective of the State Conference varies from year to year depending on the needs of the Association. The common theme of the State Conferences is to develop an awareness of issues affecting JPs and C.decs and to educate on matters relevant to the duties of JPs and Commissioners. It is relevant as a seminar on continuing JP education. More important to many is the ability to develop a network of experienced JPs and C.decs who can be a resource for future reference. So do not be put off by the name “Annual State Conference”. As Shakespeare said, “ What’s in a name? That which we call a rose, by any other name would smell as sweet.” The Association recognises the difficulty and reluctance of some regionally based Members to come to Brisbane to attend the State Conference. With that in mind, the Board recently approved the 2005 State Conference venue as Rockhampton. Regional centres have an attraction in that they are normally easier to negotiate as far as traffic, accommodation and general accessibility. The move also reflects the Association as a statewide organisation and the concept of it being Brisbane centred, sometimes expressed by Members in the regions, is shown to be inaccurate. If we look at the managing board, none of the Directors actually live in the City of Brisbane. About half of the QJA Members reside outside Brisbane. Members should be looking to support the regionally based Annual State Conference in Rockhampton on 24 September 2005. Make it a reason to travel to Rockhampton in 2005. You will not be disappointed. Indeed you will come away better educated as a JP or C.dec and hopefully refreshed after experiencing a change of scenery. Perhaps you could make a holiday out of the trip and, as the tourist authorities say, “Stay another day.” Remember Rockhampton in September 2005.

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Members Questions & Answers

Each Journal we answer questions raised by Members. You can raise a point or ask a question by writing to the State Office giving the details relating to the question you need answered. If the matter is urgent, you can telephone State Office on (07) 3392 2455 or 1800 061 423 if you live outside the Brisbane metropolitan area. Q. Can a child swear or affirm an affidavit? A. A child is a person under 18 years of age in Australia. There are specific rules in the Family Court for children making an affidavit. Under the current rules of the Family Court, the Court must have made an order to permit the child to make an affidavit. For other Courts in Queensland, there are no express rules in the Uniform Civil Procedure Rules. Any person can make an oath or affirmation. There is no age limit for this, but the normal application of law and common sense would apply. Does the child understand the importance of telling the truth in the document? The younger the child, the less likely they are to understand. You can always contact the person who prepared the document. If it is a lawyer, ask the lawyer if they had satisfied themselves that the child understood what was being said. If there is any doubt as to the child’s ability to understand the importance of telling the truth, do not witness the affidavit.

Q. What is a Crime Scene Warrant and as a JP can I issue one? A. It may sound like something out of the US detective show C.S.I. on TV but we do have documents called Crime Scene Warrants issued in Queensland however JPs do not issue them, only Magistrates can. When the Police wish to secure an area in either a public place or on private property for close examination if a crime has been committed or is suspected, they will apply to a Magistrate for a Crime Scene Warrant. This gives the Police the authority to seal off the area and conduct a forensic examination of the scene so they can preserve evidence for future crime solution and prosecution purposes. If approached to issue one, do not do so but refer the Police Officer to the Police Procedures Manual which gives them the correct procedure to follow. As a rule of thumb, if it is not in the JP Duties Manual, you cannot do it.

Notice includes space for the Police Officer to sign a simple statement as to service.

Q. What are the Police powers to ask questions? May the Police request a person accompany them to a Police Station and must the person go? A. The Police may request a person to accompany them to the Police Station but the person is not obliged to go unless (a)

the person is under arrest; or

(b)

the person is required to undertake a breathalyser test.

A person who is under arrest is required to attend the scene of the crime and to related scenes where investigations are being carried out. A person who is not under arrest or subject to a breathalyser test may decline to go to the Police Station. The information that a person must supply to a Police Officer is their name, address (current place of residence) and date of birth and they may be required to verify the truth of the statements. A driver must produce their driver’s licence on request by a Police Officer. If the driver does not have their licence on them, they must produce it to a nominated Police Station within 48 hours. A person at the scene of a traffic accident is required to answer Police questions unless they wish to decline on the ground of self-incrimination.

Q. Can a JP (C.dec) witness a sworn statement? A. A sworn statement is an affidavit. Some Courts are trying not to use old Latin based words to describe their procedures and have changed the title “affidavit” to “sworn statement”. A JP (C.dec) can witness sworn statements as they are affidavits.

Q. Can an interstate JP witness documents in Queensland? Q. Can a person be brought to Court other than by a summons or arrest? A. The Police may issue a Notice to Appear to a person instead of making a Complaint and issuing a Summons. It has the same effect as a Complaint and Summons for a defendant. The Court is allowed to issue a Warrant for the Arrest of a Defendant who fails to appear unless the person was given insufficient notice, namely, at least 7 days. A Justice of the Peace plays no role in the issue of the Notice to Appear and no Affidavit of Service is required. The

A. The rules for interstate JPs are goverened by the laws of the State or Territory from which they come. In some States the JP’s powers end at the border. In other States the powers extend like Queensland JPs. They can witness documents from their own State and Commonwealth documents anywhere in Australia. The particular Justice should contact their relevant State body for directions before acting in Queensland. There is no power for interstate JPs to witness Queensland documents in Queensland or act generally as a JP in Queensland

Serving JPs and C.decs Throughout Queensland • 9

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QJA STATE CONFERENCE NEWS The QJA held its Annual State Conference on Saturday 2 October 2004. The venue was the main auditorium of East’s Leagues Club in Coorparoo. Over 90 members and guests attended an enlightening event. It was the best attended State Conference for a long number of years and those in attendance were rewarded with an interesting program and delightful refreshments provided during the day, not to mention good fellowship and a chance to meet others with a common interest. Sponsored by Suncorp the Association was able to provide a magnificent spread and a top class line-up of speakers for the princely sum of $10.00 a head. The morning was devoted to the future of JPs and C.decs in the Queensland system. The afternoon sessions covered the practical issues of Land Titles, Family Law Changes and the Position of JPs in Arrest and Search Warrant situations. The afternoon was wrapped up with a Members’ Open Forum. The main questions from the forum have been or will be covered in Members’ Questions & Answers in the Journal. The afternoon sessions are not covered in detail in this report which focuses on the morning speakers.

Opening by the Patron Our Patron, Hon Paul de Jersey, the Chief Justice, opened the Conference. In his speech, his Honour stated his pleasure in opening the 2004 State Conference. He was greatly honoured and hoped to be able to encourage and assist QJA in its “important endeavours”. The Chief Justice expressed his view that this year had signalled great advances in the work of the Association, beginning with the change of name adopted by members in February, reverting to the name originally adopted upon the formation of the Association in 1918, then the progressive modernisation of the Constitution, with the council transformed into a “board of directors”, and an injection of a clarity of expression which he understood members have found appealing. His Honour noted also the active fostering of good working relationships between the Association and the Minister, the Department and the Judiciary. Commenting on the importance of the establishing of new Branches throughout the State, the Judge suggested greater development in membership and expression of views were potential benefits from this particular activity. The Chief Justice further expressed his views on the QJA Journal as having a “supervening vibrancy...which leaves one most sanguine as to the vibrancy of its eponymous parent”. 10 • Serving JPs and C.decs Throughout Queensland

Among the other matters the Judge mentioned were the accessibility to Justices and Commissioners via the Internet and Signing Centres. He recited the Goals of QJA as set out on page 16 of the Journal and stated these were plainly worthy goals and praised the Association for binding Justices and Commissioners to the mission of public service which must distinguish them. In opening the Conference, The Chief Justice commended the Association on its commitment to serving its members. He further noted the origins of the tenured Judiciary found its birth in the English system which substantially depends on the voluntary contribution of Justices of the Peace.

The Morning Speakers The speakers who followed the Chief Justice included Judge Robert Hall, Retired District Court Judge, the Hon Anna Bligh, Acting Attorney General, Mr. Neil Hamilton-Smith, Acting Chief of Staff for the Leader of the Opposition’s Office, the Hon. Bob Quinn, Leader of the Parliamentary Liberal Party and Dr Paul Wilson, Professor of Criminology and Legal Analyst from Bond University.

Judge Robert Hall – Justices in 2014 Judge Hall set the scene with a keynote speech on the future of Justices of the Peace entitled “Justices in 2014”. His Honour walked the path in trepidation as prophets did not have a good record in their own countries! He noted the works of Nostradamus among others who had used various devices to avoid being blamed for poor predictions. However he examined in detail past reports, in particular the 1999 Queensland Law Reform Commission Report and, based on advice he had received from other foretellers of the future - his financial advisers - he had been assured this was the best way to go. Having suitably protected his predictions, the Judge analysed the position as set out in the Law Reform Commission Report of 1999 and predicted 2014 would find a better educated, more active Justice of the Peace who would be required to account more for the activities they performed. The resulting effects of the proposed changes would lead to quality rather than quantity in the ranks of Justices of the Peace in the future. The Judge noted that nomination to the position of Justice of the Peace or Commissioner for Declarations by a Member of Parliament, a public servant or bank executive was questioned in the Law Reform Commission Report and the Law Reformers

VO LU M E 1 • NUMBER 4 • SUMMER 2004-05

QJA State Conference News continued recommended this step in the process was one to be done away with.

manifestations, play in the maintenance of a society based upon a broad acceptance of the Rule of Law.

The Judge endorsed the recommendations that led to more education at the initial stage of appointment and suggested a continuing Justice of the Peace education requirement for JPs to remain current in their practices. There was scope for greater use of JPs consistent with their training.

Mr. Hamilton-Smith went on to speak of the importance of the Rule of Law and noted that it means more than the capacity of a society to enact and enforce laws through the power of the State. There are many societies that function on this basis but in which, given the absence of the power of the state, civil anarchy would prevail.

Even though JPs are required to keep a record of their activities already, Judge Hall saw a greater and more frequent accounting for JPs’ activities in the future under changes to the system as recommended by the Law Reform Commission.

Hon Anna Bligh, Acting Attorney General The Hon. Anna Bligh then addressed the Conference. The Minister said she was pleased to represent the Attorney General and to highlight the important contribution Justices of the Peace and Commissioners for Declarations make to the Community. Her comments included that every day thousands of Queenslanders seek the services of JPs throughout the State and that they play an important role in the administration of Justice in the State. Often JPs are the only contact people have with the justice system. Ms Bligh’s speech followed the evolution of the role from 14th century England to the modern community oriented role of JPs and C.decs. She stated there were more than 70,000 JPs across the State but that people could not seem to find a JP when they wanted one. The Department had acted to solve the problem by introducing JPs on the Internet, Magistrate Court Signing Centres in Southport, Beenleigh, Ipswich, Toowoomba, Innisfail, Maroochydore and Gladstone, and JP Signing Centres at shopping centres. The Minister acknowledged QJA’s role in establishing this exciting initiative. Ms Bligh took the opportunity to thank all Queensland’s JPs and C.decs for their community mindedness.

Mr Neil Hamilton-Smith, Acting Chief of Staff, Leader of the Opposition Office Speaking on behalf of Lawrence Springborg MP, Leader of the Opposition, Neil Hamilton-Smith, Acting Chief of Staff for the Leader of the Opposition extended his apologies for Mr. Springborg being unable to attend and speak. He noted that the Leader’s absence in no way denigrated from his views in relation to the significance that Justices of the Peace, in their now many

He said that Australians are lucky to be the successors of the generations whose struggles and actions led to the creation of the Common Law. This underpins an acceptance that social harmony can only be maintained by accepting that the laws are enacted by a democratic political system. This system needs to be sufficiently flexible to vary and change those laws to accord with changing needs, wants and desires. In that development and in the acceptance of the role of the Common Law, the office of Justices of the Peace has played a long and honourable role which he then traced in detail. Mr. Hamilton-Smith pointed out one of the greatest strengths of Justices of the Peace over the centuries is that they have not been, nor have they become, fully trained lawyers. Rather they have, in the main, been selected from citizens of stature and standing in their communities who apply their common sense to the exercise of the powers vested in them and who exercise that common sense after taking due account of advice from legal practitioners. This balance between the necessity to apply strict legalism and the application of principles of justice drawn from good common sense and community values has varied over the years. He noted the development of a full time Magistracy comprised of fully trained lawyers, whilst understandable, has nevertheless arguably done something to remove from the Magistracy the capacity to apply common sense and community values in their decision making processes. Visiting a Magistrates Court is now not substantially different to visiting any of the superior Courts, such as the District and Supreme Courts. The level of formality and legal stricture continues to grow. On the other hand the role of Justices of the Peace in maintaining social order in accordance with community standards is flowering in our aboriginal and islander communities through the Community Justice Program which enables trained Justices of the Peace to constitute a Court for the purpose of maintaining acceptable social standards within those communities. These aboriginal Justices of the Peace stand proudly in the centuries old traditions of JP’s in ensuring that community peace is maintained within their community and that the common-sensical standards accepted by that community regulate social intercourse and community behaviour. Serving JPs and C.decs Throughout Queensland • 11

THE

Q.J.A. JOURNAL QJA State Conference News continued In some ways it is a pity that this bold experiment based upon long-

stressed the Local Member of Parliament’s nomination should

established principles is confined to those communities and is not

not be taken for granted.

applied and available in all segments of Queensland society.

He went on to express his gratitude for the development of Most Justices of the Peace and Commissioners for Declaration

signing centres and praised JPs who work in these centres.

regard their appointment and the exercise of their responsibilities

He noted while courts are a logical place to seek JPs, the

as being both an honour and part of their duty of service to their community. In carrying out these responsibilities, they also are continuing in the grand thousand-year tradition of Justices of the Peace.

public may feel them uninviting places to visit. Mr. Quinn encouraged JPs to use the traditional methods of providing services from home and in business and suggested JPs and C.decs should avail themselves of the Internet listing set up

No matter how our society may change in the years to come and

by the Department. Registering with police stations, chemist

no matter how sophisticated our legal system and structures may

shops, post offices and banks were all good ways to ensure

be, Justices of the Peace should remain an essential element. As

the public is able to reach JPs.

representatives of the community and as persons of standing they represent an asset to ensure that the sophistry of legalism is never completely replaced by the application of good common sense and commonly acceptable social standards.

The next area Mr. Quinn addressed was the education and continuing education of JPs and C.decs. He wanted to see new JPs exposed to ethical and practical matters as part of their training. Some type of continuing professional training

Justices of the Peace stand as a mechanism to ensure that the law

with possibly a refresher course every 3 to 5 years should

and its structures is the responsibility of and owned by

follow this initial course.

all citizens in a democracy. An active and engaged system of justice is fundamental to maintenance of the Rule of Law and thus fundamental to the maintenance of a democratic system of justice. For these reasons Mr. Hamilton-Smith stressed that Justices and Commissioners should be proud of their appointment,

Mr. Quinn linked the nomination of C.decs by a Member of Parliament and the ability to take evidence on oath for submission to court as sufficient to call C.decs by the title of “JP” and possibly as “JP (Affidavits)”.

do nothing to tarnish them and play an active role in the affairs of

He also criticised the use of “Qualified” to describe the JP.

the local community in which they reside.

The Honourable Member asked if there might be a better way

Hon. Bob Quinn, Leader of the Parliamentary Liberal Party

to describe the role of the JP by referring to the level that they had achieved by doing special courses on issue of Warrants or providing Bail hearings. The other way forward Mr. Quinn suggested was to leave the

Mr. Quinn thanked the Association for the

title as simply “JP” and qualifying the pin number used by the

opportunity to speak at the Conference. He was

JP with a letter that signified the level of qualification the JP had

appreciative of the importance of the function in

achieved. He offered these suggestions as “food for thought”.

the operation of Justice in Queensland and the often thankless free work that Members perform to make people’s lives a little easier.

An area that has caused some JPs concern is not fully using the qualifications obtained. Mr. Quinn did not see a problem if a JP

The services provided by JPs and C.decs cost the taxpayer nothing

“specialised” in some types of work while not carrying out

but are significant in that they keep business and the justice system

other types. The difficulty he saw was that the category of

ticking over. While Governments can appear to ignore or be

qualification is too broad. An example he gave was that most

unappreciative of services that do not appear as large budget items,

JPs never do minor Bench Duties but could and should be

the standard of speakers at the Conference was indicative of the

used to assist the Courts particularly in unrepresented

fact JPs and C.decs are appreciated.

adjournment matters.

“Justices in 2014” is about looking towards the future and ensuring

Mr. Quinn stressed he wanted to see those who assist the State

the base for delivery of this important service is sturdy. Mr. Quinn

by giving time and energy freely have their status preserved if

went on to review the nomination system and the “exam vs

not enhanced. Any comments can be directed to him or to his

course” approach to qualifying. He felt it important that new JPs

Shadow Attorney General Mr. Mark McArdle at Parliament

and C.decs should undertake a course of study. Importantly he

House or through their electorate offices.

12 • Serving JPs and C.decs Throughout Queensland

VO LU M E 1 • NUMBER 4 • SUMMER 2004-05

QJA State Conference News continued Professor Wilson noted that the theme of Judge Hall’s address

Dr. Paul Wilson, Bond University

– “quality rather than quantity” was one that, if implemented, could only enhance the image and professionalism of Justices

Professor Wilson believed that Justices

in the eyes of the public. The Queensland Justices Association,

played an important and significant role in the

he argued, could play a significant role in designing and

community. As his wife was a JP he saw at

organising new courses for justices along the lines advocated

first hand the need for the services offered by

by Judge Hall.

Justices and the increasing relevance of their role in a society He also suggested that there may be an increasing role for

becoming more complex and rule-driven.

Justices in the area of what has been called “therapeutic He also stated that one of the strengths of the JP system was

justice”. The advent of drug courts, special aboriginal courts

that those who became JP’s represented a cross-section of the

and restorative juvenile justice programs showed that in some

Queensland community. He did not believe that more rigid

areas a less adversarial approach to justice was occurring.

selection criteria for JPs was justified as it may damage the image

Professor Wilson believed that Justices could well play a

of the JP as being a person who came from the community

significant role in this area and that training in this area be

he or she was trying to assist.

considered in future planning of new courses.

However, in commenting on the addresses given at the

Finally, Professor Wilson said that it was inexcusable that the

conference Professor Wilson noted the general theme

Queensland Government did not contribute financially to the

emphasised by many of the speakers - the desirability of

Justices organisation. The organisation, and the training it

more training for JP’s. He argued that this theme was an

provided, manifestly assisted the smooth-running of the JP

important one and that it was desirable for standards to be

system, a system that probably saved taxpayers millions of

raised in line with the increasing complexity of legal and

dollars a year given the honourary services provided by JPs.

social issues that Justices were confronted with.

QJA Annual State Conference 2004

Serving JPs and C.decs Throughout Queensland • 13

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Q.J.A. JOURNAL

QJA Branch Contacts CAIRNS – PETER VESELY 28 Illuta Street, Rasmussen 4815 Telephone 0408 208 958

REDLANDS – JOHN GRAHAM 49 Alpinia Street, Alexandra Hills 4157 Telephone: 3824 2014

FOREST LAKE – ROGER KELLY P.O. Box 4414, Forest Lake 4078 Mobile: 0403 034 408

ROCKHAMPTON – RAY YOUNG OAM 102 Glenmore Road, Rockhampton 4701 Telephone: 4927 4155

GLADSTONE – STEPHEN MILLS 130 Auckland Street, Gladstone 4680 Telephone: 4979 1756

SEQ – LOGAN – BERNICE LIPPIATT 3987 Mt Lindesay Highway, Park Ridge 4125 Telephone: 3802 2557

GLASSHOUSE MOUNTAINS – REV JOHN BARFOOT 54 Parkview Road, Glasshouse Mountains 4518 Telephone: 5438 7013

SOUTH PINE – BRYAN CARPENTER 70 Daniel Drive, Albany Creek 4035 Telephone: 3325 2595

GOLD COAST – VALERIE AUMANN 19 Keel Court, Currumbin Waters 4223 Telephone: 5598 1543

SPRINGWOOD – PAULINE HARRIS 617 Underwood Road, Rochedale 4123 Telephone: 3341 5555

HERVEY BAY – JAN STAFFORD P O Box 1006, Hervey Bay 4655 Mobile: 0412 782 743

TOOWOOMBA – BOB PILKINGTON 32 Blackstone Road, Newtown 4305 Telephone: 3812 1865

IPSWICH – MARIAN VIEVEYZER PO Box 62, Goodna Qld 4300 Telephone: 3288 1652

TOWNSVILLE – RUTH SCHOKKER-JOHNSON PO Box 4220, Kirwin 4817 Telephone: 4722 6777 (W) 4770 7040 (H)

LOGANHOLME – JOHN BAILEY 30 Bingo Street, Holmview 4207 Telephone: 3287 1513

WESTERN SUBURBS – WILLEM BOSSCHIETTER 55 Pallert Street, Middle Park, Qld 4074 Telephone: 3376 7206

PACIFIC PINES – RACHAEL DE VERE 8 Morane Court, Pacific Pines, Qld 4211 Telephone: 5529 8789

We encourage you to contact the Branch nearest you.

Training The next JP (Qual) Examination is on Tuesday 8 March at 6.00pm. JP (Qualified) Training Courses will be provided in Brisbane, Hervey Bay and the Gold Coast. BRISBANE – QJA House, 751 Stanley Street, Woolloongabba. Saturdays – 12, 19, 26 February and 5 March from 9.00am to 4.00pm

Justice of the Peace (Qualified) Exams The Examination Dates for 2005 are: Tuesday 8 March

6.00pm – 9.00pm

Saturday 14 May

9.00am – 12noon

Thursday 21 July

6.00pm – 9.00pm

Wednesday 7 September

6.00pm – 9.000pm

Saturday 12 November

9.300am – 12noon

Please contact State Office on (07) 3392 2455 for details. GOLD COAST – Please contact Valerie Aumann on 5598 1543. HERVEY BAY – Please contact Jan Stafford on 0412 782 743 or Fax (07) 4124 5618

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. 14 • Serving JPs and C.decs Throughout Queensland