Vol 2 no 3 spring 05

Page 1

The

VOLUME 2 • NUMBER 3 • SPRING 2005

Q.J.A. JOURNAL

What Q.J.A. Means QJA is established to:QJA — Established in 1918

Official Magazine of the Queensland Justices Association

• Encourage high ethical standards of conduct of Members in performing their Office. • Promote and maintain the status of the Offices 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.

3

DIRECTORs’ Report

4

ABC of latin

4

gamBLing fundS

5

roll of honour

5

new 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.

2004-2005

for jps

grant

• 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. QJA exists to support members in carrying out their Office as Justices of the Peace and Commissioners for

6

to JPs and C.decs. Membership fees are our major source of income. QJA also 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 Branches discussion of topics relevant to members. Our organisation meets at least once annually as a whole body to further those discussions throughout the membership. Our training courses provide primarily for persons wishing to become JPs. We support local refresher courses, professional development and training information to members through our Branches to keep members up to date.

Peace & Good Behaviour Act by Bruce McLeod

Declarations. As a member you have access to an organisation that promotes the ideals set out above. Membership costs less than a dollar a week for which you receive four journals a year that cover current, topical matters relevant

article

8

editorial

8

news in brief

8

q&a

9

annual

Your questions answered

accounts &

Above left: Betty Gilbert (Caboolture), Dulcie Benn (Gladstone), Dianne Price (Turkey Beach) and Denise Simpson ( Sorrento) inspecting the Rockhampton Supreme Court Precinct.

Rockhampton Conference 2005 A Huge Success On Saturday, 24 September 2005, the Rockhampton Branch of QJA hosted an exciting festival for Justices and Commissioners. Over 80 Members and Guests attended the QJA Annual State Conference at the Supreme Court Precinct and Bauhinia House in the Central Queensland City. The Conference was opened by Mr. Justice Dutney, the Resident Supreme Court Judge for the Central District of Queensland. In welcoming delegates, the Judge said he was particularly honoured to open the conference as the work done by many Justices of the Peace is an important community service done without payment by dedicated public spirited individuals.

auditors report

Over the past year we have opened 14 new Branches and over the next 2 years we aim to open more. 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

branch

14 contacts

consider using the facilities that the Branch offers 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

14 training

to write to the Registrar so the QJA can be responsive to the wishes of members.

15 MERCHANDISE 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 JPs and C.decs Throughout Queensland

qja means 16 what to members

Mayor of Rockhampton Margaret Strelow also welcomed delegates to the “Beef Capital” of Queensland. The theme for the Conference was What the Stakeholders Expect and was addressed by senior Police Officers, representatives of the Public Service, in particular the Public Trustee, and by a senior lawyer. Judge Robert Hall summarised the day’s speeches collecting the common theme of service by JPs and C.decs. In keeping with tradition, the floor was thrown open to Members to discuss matters that concern them in their functioning as either JPs or C.decs. A full report of proceedings will follow in future editions of the QJA Journal. The State Conference was the last official function held under President Joseph Law who is standing down to be available to take the Presidency of the Australian Council of Justices Associations at its meeting in Perth in October. Serving JPs and C.decs Throughout Queensland

1


VOLUME 2 • NUMBE R 3 • SPRING 2005

The

Q.J.A. JOURNAL

Our Patron

MERCHANDISE

The Hon Paul de Jersey, AC, Chief Justice of Queensland

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

Publications

JP Pin Badge . . . . . . . . . . . . . . . . . . $6.50 incl GST Car Sticker . . . . . . . . . . . . . . . . . . . . $3.00 incl GST Rubber Stamps . . . . . . . . . . . .$25.00 incl. GST

Board of Directors

The Duties of Justices of the Peace (Qualified) Manual

PRESIDENT & CHAIRMAN OF THE BOARD Mr Bob Pilkington JP (Qual) 32 Blackstone Road, Newtown Q 4305

Telephone: (07) 3812 1865 Mobile: 0438 121 865 e-mail: bob.pilkington@qja.com.au

$13.50 incl GST

VICE PRESIDENTS Mr Doug Hull JP (Qual) P.O. Box 5289, Torquay Q 4655

Telephone: (07) 4124 4214 Facsimile: (07) 4124 7939 e-mail: doug.hull@qja.com.au

Cap

The Administrative Duties of Commissioners for Declarations

$19.50 incl GST Mrs Bernice Lippiatt JP (Qual) 3987 Mt Lindesay Highway, Park Ridge Q 4125

$6.80 incl GST

Telephone: (07) 3802 2557 Facsimile: (07) 3802 2559 Mobile: 0411 663 757 e-mail: bernice.lippiatt@qja.com.au

Quality Biro $6.00 incl GST

Dr Anthony Watson-Brown JP (Qual) Telephone: (07) 5538 5605 PO Box 1766, Facsimile: (07) 5538 5605 Broadbeach Q 4218 Mobile: 0424 778 543 e-mail: awbrown@qja.com.au

Pocket Badge

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 e-mail: garry.franke@qja.com.au

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: jan.stafford@qja.com.au

Mr Roger Kelly JP (Qual) PO Box 4414 Forest Lake Q 4078 Telephone: (07) 3279 9710 Facsimile: (07) 3278 9899 Mobile: 0403 034 408 e-mail: roger.kelly@qja.com.au

Mrs Marian Vierveyzer JP (Qual) PO Box 62 Goodna Q 4300 Telephone: (07) 3288 1652 Facsimile: (07) 3288 1262 Mobile: 0415 418 320 e-mail: marian.vierveyzer@qja.com.au

Ms Valmai Macaulay JP (Qual) PO Box 610 Beaudesert Q 4285 Telephone: (07) 5544 6460 Mobile: 0418 741 556 e-mail: valmai.macaulay@qja.com.au

Mr. Raymond Young OAM, JP (Qual) 102 Glenmore Road, Rockhampton Q 4701 Telephone: (07) 4927 4155 Mobile: 0405 624 648 e-mail: ray.young@qja.com.au

STATE OFFICE

Registrar

HELPFUL NUMBERS FOR JPs

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

Mr Mark Davis MBA JP (Qual)

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

Office Hours: Mon-Fri 9.00am to 5.00pm

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

$9.50 incl GST

Biro

Coffee Mug

$1.00 incl GST

$7.50 incl GST

Replacement Membership Card with photo $12.50 incl. GST Self-inking Stamps

Replacement Membership Card

$37.50 incl. GST

$6.60 incl. GST

NEW QJA Poloshirt . . . . . . . . . . . . . . . . $30.00 incl GST

ALSO ENQUIRE ABOUT OUR STUNNING NEW PERSONALISED WALL PLAQUES. The prices quoted do not include Postage and Handling. This varies from item to item. Please check with QJA House (07) 3392 2455 for details before ordering. Serving JPs and C.decs Throughout Queensland • 15


VO LU M E 2 • NUMBER 3 • SPRING 2005

Directors’ Annual Report 1st September 2004 – 31st August 2005 I have much pleasure in presenting your Directors’ Report on the Queensland Justices Association for the year ended 31 August 2005. Since the AGM in November 2004, costs have been kept under control and we have a balanced budget. The final figures show a slight surplus for the financial year. QJA has continued to improve its service to Members, with again a significant increase in financial membership. After adjustments on the cleansing of our data base in the past 8 months we have a stable base of financial members on which a firm future is assured. The Branches at Ipswich, Hervey Bay, Gold Coast, Rockhampton, Redlands, Gladstone, Glasshouse Mountains, Townsville, Forest Lake, Loganholme and Cairns have all operated as well as the Board expected. New Branches have opened at Beaudesert, Bundaberg, Caloundra, Inner Northside Brisbane, Noosa, Pacific Pines, South Burnett, South Pine, and Western Suburbs during this year. The Toowoomba Branch has reopened and is functioning. We have called for Members in other areas to come forward if they wish to open Branches that can serve their area. Branches are Member driven and we as a Board encourage autonomy of the Branch for particular areas so Members can gauge what is best in their district. The introduction administratively of the associate membership category for students who complete the JP (Qualified) course has proved both popular and successful. We have yet to go through a full cycle with this programme but it appears to be operating as we expected. The Board has worked to develop a good relationship with the Department of Justice and Attorney General. We are now collaborating with the Department on a number of fronts for the betterment of JPs and C.decs. Along with the focus on new JP training has been the accreditation of QJA Tutors to run both the new JP training and the professional development aspect of Branch services. We have 15 QJA Tutors on our list and more are due to come into the system in September 2005. The QJA Journal feature in the Autumn 2005 issue re-enforced the Association’s support of Members who wish to serve the public at signing centres. This is an important social contribution the Association makes, thanks to the Members who support signing centres. QJA will continue to support and assist Members who wish to deliver their services in this way. The Association provides the necessary public liability insurance to allow signing centres to

operate in large shopping centres. QJA endorsement generally means a high level of service with ethical integrity that may not be available without the back up of an organization like the Association. To comply with the Corporations Act, the Directors of QJA advise – • The principal activities of QJA during the year were the continued provision of services to Members, publication of the QJA Journal, development of Branches and the State Conference for Members. • The significant change in the state of affairs of QJA that occurred was a restructuring of the office to provide a higher level of service to Members by the employment of a full time Registrar to run State Office. • QJA expects to increase the present level of operations and so there are likely to be further positive developments in the operations in future financial years. No indemnities have been given or agreed to be given or insurance premiums paid or agreed to be paid during or since the end of the financial year to any person who is or has been an officer or auditor of QJA. No person has applied for leave of the Court to bring proceedings on behalf of QJA or intervene in any proceedings to which QJA is a party for the purpose of taking responsibility on behalf of QJA for all or any part of those proceedings. QJA was not a party to such proceedings during the year. DIRECTORS PROCEEDINGS 1/9/04 – 31/8/05

Joseph Law Bob Pilkington Doug Hull Bernice Lippiatt Anthony Watson-Brown Garry Franke Jan Stafford Raymond Young Roger Kelly Marian Vierveyzer

No. of Meetings Held

No. of Meetings Attended

11 11 11 11 11 11 11 11 7 7

8 10 11 10 11 9 9 7 6 7

Signed in accordance with a resolution of the Board of Directors

Joseph Law JP (Qual) PRESIDENT Dated the 25th day of September 2005

Notice of Annual General Meeting Notice is given of the 2005 Annual General Meeting of the Queensland Justices Association to be held at 10:00 am on Saturday 5 November 2005 at QJA House, 751 Stanley Street, Woolloongabba. The Meeting will receive the Directors’ Annual Report and the Financial Statements for 2004-05, declare the election of the Directors, appoint an auditor, appoint an appeals committee and consider any business of which proper notice has been given.

Serving JPs and C.decs Throughout Queensland • 3


THE

Q.J.A. JOURNAL

Christmas Gifts for Everyone Have you bought your Christmas Presents? QJA has something for every one Look at our range of merchandise for sale in colour on page 15 of this issue. All reasonably priced but you need to be quick so get on the phone right now to Mark at QJA House.

• Reminder • Annual Subscriptions are now overdue Please pay by return mail Your tax invoice was issued with the last Journal. Please check to see if you still have this. If you misplaced the flysheet with your address in the last envelope, please ring QJA and leave a message. Membership cards for renewals received before 30 September are with this Journal. Please send a stamped addressed envelope if you renew after this date and require a card.

GAMBLING COMMUNITY BENEFIT FUND GRANT QJA received the benefit of a grant from the Gambling Community

With some of the funds received the Association purchased

Benefit Fund to the extent of $21,091:00 since the last Journal.

equipment and software to acquire Membership Card equipment that means we now have our own ability to supply cards to

The Grant has been of great use to the operations of the

Members. Those who have received their cards have found them

Association. Four laptop computers and a data projector were

of great use particularly when carrying out duties in places like

purchased and regional Directors have the benefit of three of the

signing centres.

laptops. This enables them to keep in touch by the Internet with

The Board would like to acknowledge the contribution that the

the State Office. The Journal is also being produced with the aid of

Gambling Community Benefit Fund Grant has meant to QJA in

a laptop. The data projector was utilised in Rockhampton for the

making us a little more self sufficient without having to place any

State Conference and will also be utilised for training.

burden on Members for these costs.

An ABC of Latin and Legal Words for JPs and C.decs Acquit

To find an accused person not guilty.

Instrument

A deed or other formal written document.

Attest

To witness.

Locus standi

The right to appear and be heard in Court.

Bequest

A gift under a will of personal property (not land). Also called a legacy.

Modus operandi

The mode or manner of operation.

Notary Public

A public officer, usually a solicitor, who witnesses the signing of documents and makes certified copies of them, usually for use in other countries

Post factum

After the act or deed.

Pro tanto

To that extent; proportionately.

Codicil

A document that is supplementary to a Will. Its effect is to explain, add to, or alter the contents in some way.

Deponent

A person who makes an affidavit; one who gives testimony to a court.

Exhibit

A document or other thing produced as evidence in court, or annexed to an Affidavit.

Quantum meruit As much as it is worth. (A person may make a claim on this basis for services rendered when no contract or rate of payment has been fixed.

Guardian ad litem A person appointed to appear in a Court action for an infant or mental defective. We will publish more of these terms in the next Journal. If any expression is causing you a problem, please let us know and we will try to find the answer for you. 4 • Serving JPs and C.decs Throughout Queensland


VO LU M E 2 • NUMBER 3 • SPRING 2005

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

SILVER - 25+ YEARS OF SERVICE Allan Spike Victor Williams

Norman Thorpe May Willis

Bridget Clarke Gordon Hendry

Eugenia Comino Theodore Comino

Welcome to New Members The following have joined the Association since the Winter 2005 Journal: T J Ballin A G Andrews J A Cliff M I Husain C D Andrews C L Downs R Llewellyn V M Parison S J Wilson S W Newey P Eastwood E Poley W J Griffin T T Patterson S Laxton OAM. M E Harmsworth A M Brabrook L A Salmond L M Garbett A Jones A J Eckford N C Egginton L Reid L J Schulz M J Hircoe B J Morgan M F Dunford T G Cloonan MAT Trevanion J A Zabala J R Barnes F M Sanderson D A Szawejko C M Mc Dougall C H Batchelor S P Newton W A Canniffe P Paulo M R Gulliver D M Shoesmith K Sippel J M Smith G M Mission R Branch P JAebersold P E Mc Grath A Williams TWJ Upson C Chong L Vaoiva A M Reading P W Boyes A Bulow G Marshall C E Ross V Tait J Kennedy C R Barrie M Trevorrow N J Turner B M Gilbert T Court A W Cormack A I Lena C Heslop T L Irons M C De Silva K Applegate V A Ford C E Henrickson L M Andrews C H Raj E C Cameron A M Smith A Georga M M Butler S M Moule J Mc Veigh R F Butler H E Smith J H Ruthenberg C L Bransdon DBN Cockram N J Parise R Ram W M Dunn C A Wall J C Morvell C J Hill D R Smith R M Robinson A S Knox R L Deacon K J White M C Tessmann S D Fabbro S A Erickson G J Profke D Sloane G B Polkinghorne V L Shoolepoff B D Goodison M A Caldarone J Comollatti A K Averi

M A Field D J Long E J Smith J E Beaverdam D S Creed A J Peachey G T Roe S D Comber C M Spence T M Mc Kendry L Hyder J F Harney J Wells HJA Clarke P A Naughton R J Schaller P F Catanzarti H E Mc Kenzie G F Hunter F C Inman J A Gable J C Forbe-Smith C Trevaskis S R Mackay Y J Jex R E Griffin G Gardner P J Gleeson G P Mc Laughlin M E Hill D J Hill D L Akroyd R E Gardner P W Hobbs L J Mc Conachy

K L Orwin P S Orwin C S Jackson G H Berry M Rooks G Lumley J W Poole M P Prianes I Eslamizadeh G J LivermorePurdy L G Hanipale-Brady A J Zarb H M Cheung J M Rowarth M Atwell L Ferrerio E A Mc Namara E L HalleyboneYard R A Jensen A C Jensen A V Kimpton K G Barden J A Baumgart S M Kelly T Cardona L Anderson D V Blackmore C A Salmon T Gertschmann T Duffill-Wilson W J McLean D Lecatsas S J Maizey S MacDonald

Vale We have received with sadness notice of the passing of the following Members: D.E. Iron H.S. Pegg E.H. Scott

H.W. Foster W.J. Lansbury H.G. Zalm

A.F.J. Smith D.J. Brown L.G. Duthie

N.F. Bannan G.P. Wright

Serving JPs and C.decs Throughout Queensland • 5


THE

Q.J.A. JOURNAL

PEACE AND GOOD BEHAVIOUR ACT 1982 Bruce McLeod, Registrar, District Court, Southport

This Act commenced in 1983 and has been amended slightly since then. In fact it has only been reprinted 3 times, a rarity in the legislative world. Now this Act is currently under review and certain provisions may change. I point out that the following is my interpretation of the Act. It is a small statute, but nevertheless, one that gives protection and recourse under the law to those who are in fear of another person. The issue of a complaint and summons under the Act is not to be taken lightly. The issue of a complaint and summons as you would be aware has its authority in the Justices Act. That Act consolidates the power to issue complaints and summons in relation to a number of statutes. S. 4 outlines the grounds of complaint:

4 Complaint in respect of breach of the peace (1) A person (the “complainant”) may make a complaint to a justice of the peace that a person has threatened— (a) to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or (b) to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or (c) to destroy or damage any property of the complainant; or (d) to procure any other person to destroy or damage any property of the complainant; and that the complainant is in fear of the person complained against (the “defendant”). (2) A person (also the “complainant”) may make a complaint to a justice of the peace that the intentional conduct of a person (also the “defendant”) directed at the complainant has caused the complainant to fear that the defendant will destroy or damage any property of the complainant. (2A) If the matter of a complaint under subsection (1) or (2) is substantiated to the justice’s satisfaction, and the justice considers it is reasonable in the circumstances for the complainant to have the fear mentioned in the subsection, the justice may issue— (a) a summons directed to the defendant requiring the defendant to appear at a stated time and place before a Magistrates Court; or (b) a warrant to apprehend the defendant and to cause the defendant to be brought before a Magistrates Court; to answer the complaint and to be further dealt with according to law. (3) If the justice before whom the complaint mentioned in subsection (1) or (2) is made considers that the matter would be better resolved by mediation than by proceedings before a Magistrates Court, the justice may, with the complainant’s consent, order the complainant to submit the matter to mediation under the Dispute Resolution Centres Act 1990.

6 • Serving JPs and C.decs Throughout Queensland

(4) In this section— “complaint” means a written complaint made on oath. By way of introduction the following is an excerpt from a paper delivered by Stipendiary Magistrate TJ Beck who has retired from the Bench for some years. It gives some of the history of the Act, and describes what he interpreted a threat to mean. “This Act commenced on the 21st February, 1983 and generally provides that a person who threatens another or someone under his care or charge with assault or other bodily injury or to procure it; or to destroy or damage property of the complainant or to procure it, if the other is in fear of him, may be summonsed to appear in a Magistrates Court to answer the complaint. The Magistrates Court is to hear and determine the matter of the complaint and may dismiss it or make an order that the defendant keep the peace and be of good behaviour for the tine specified. The order may contain other stipulations and conditions - . The provision has its origins in the 14th century when justices were authorised to take surety of the peace. In 1886 in Queensland the Justices Act consolidated justices power and enacted ss.198 to 208 which stood until 1964 when they were repealed. In addition, the Supreme Court has power to require a person to find sureties of the peace and this is unaffected by the Peace and Good Behaviour Act. (see Criminal Practice Rules 1900, Order XI). A person required to find sureties signed a bond (recognizance) binding himself to owe to the Sovereign the sum mentioned if he should fail to keep the peace (or be of good behaviour) Failure to sign resulted in imprisonment. His promise was enforced against him in the Supreme Court as a civil debt in the event that he failed in its terms. The present Act makes no mention of sureties; instead the defendant is ordered to keep the peace and be of good behaviour under pain of penalty under S.10. There was a difference between keeping the peace and being of good behaviour. The former was available in situations broadly the same as the present S.4, whereas sureties for good behaviour were required only if the person was of “evil fame”. Blackstones Commentaries, 15th Ed. has this to say "This remedy is a form of what is called preventive justice.This preventive justice consists of obliging those persons whom there ir, probable ground to suspect of future misbehaviour to stipulate with and to give full assurance to the public that such offence as is apprehended shall not happen, by finding pledges or sureties for keeping the peace or for the good behaviour." and further -"This requisition of sureties must be understood rather as a caution against the repetition of the offence than any immediate pain or punishment. This caution is such as is intended merely for prevention, without any crime actually committed by the party, but arising only from a probable suspicion that some crime is intended or likely to happen, and consequently it is not meant as any degree of punishment unless perhaps for a man's imprudence in giving just ground for apprehension." quoted with approval in Reg. (Reynolds) v. Cork JJ (1882) 10 L.R.Ir. 1 and R. v. Sandback (1935) 2 K.B. 192 at 196.


VO LU M E 2 • NUMBER 3 • SPRING 2005

PEACE AND GOOD BEHAVIOUR ACT 1982 Threat It has been held in England, in the 19th century, in situations of sureties of the peace, that a complaint is not sufficient unless it shows a threat. This would, suggest that the words constituting the threat should appear in the complaint.The form of complaint as prescribed makes provision for grounds of complaint and the words or conduct alleged should appear therein. The threat may not be in words, but may be inferred from a course of conduct; looks, gestures and conduct may express it with equal force. The inference, however, must be drawn by the complainant himself and if he omits to state it in the complaint the Court will not draw the inference for him. Mere insulting language, whether spoken or written, is not sufficient, A threat contingent upon the person doing something which he had a right to do is sufficient. E.g. Reg. v, Mallinson (1850) 20 L.J.M.C.. 33 - threat by one partner to another, after throwing him down the stairs of his business premises, to 'kick his soul to hell if he ever came near the place again). Where the words set forth and relied upon are capable or more meanings than one, it is for the justices to judge in what sense the language e is used. Thus in R. v. Bringloe (1734) 13 East 174, where the prosecutrix swore that the defendant had threatened to 'do her business' and it also appeared that the defendant had several times threatened her life, the Court of King's Bench held that there was a sufficient charge. It must not be a conditional or contingent threat on the complainant doing something which he had no right to do, or which it was not necessary for him to do in the course' of his business; if, however, it was so necessary, then such a threat is cognizable by justices. Ex parte Hulse 21 L.J.M.C. 21; R –vMallinson supra. Sight must not be lost of the fact that it is possible for a threat to amount to assault, by any bodily act or gesture...threatens to apply force...is said to assault...." If the threat is by bodily act or gesture then an assault itself may have been committed, but a threat is still a threat, and yet 4.1 of the Peace and Good Behaviour Act speaks of 'threatens.. , .with assault', which indicates prospective rather than present assault.The whole thrust of the Act is towards prevention and I suggest that if the threat constitutes assault then there are already remedies available and that the provision of this act are not then applicable.

Fear: The complainant himself must swear that he is in fear of the person complained against; and before proceeding further the Justice must be satisfied that it is reasonable in the circumstances for the complainant to be in fear of the defendant. It is the complainant's present fear that is relevant. It is not relevant on.the question of the existence of the complainant's fear that the person threatened is not in fear, though that may be a ground for holding that the complainant's fear is unreasonable. The Complainants fear need not be for himself, but he may be in fear of the defendant carrying out the threat against the one under his care to charge.”

That one word, threatened has been the source of lively debate amongst my colleagues for some time. Usually when someone presents at the counter to say they want to take out a restraining order, it often has been the result of an assault. (I have found the main basis of these complaints are Assaults). Also they have usually been to the police and they have sent them to the courthouse because the assault was minimal and they could not be bothered to investigate. If there has already been an assault, then that is a police matter and should be dealt with accordingly. However, although an assault has taken place, it may be the case that the threat still remains. In cases like these I would suggest that if the complaint simply states “He punched me in the face”, then there are not sufficient grounds. However, if he said “He punched me in the face and said that he would return and really finish the job”, then there is a threat and it would appear that there are sufficient grounds. At the end of the day you have to satisfied that there are reasonable grounds AND that the complaint is in fear. I reiterate the view of TJ Beck, that the fear they are in does not have to be for themselves, but for someone who is in their care or charge. Grounds such as abuse, phone call, and “hanging around” do not satisfy the requirements of the Act. (see the above excerpt from Magistrate Beck) Under the Act the justice also has power to issue a warrant. I have been a JP for over 25 years and have only issued one warrant. It was a case of father and son who were living together and the son was threatening his dad daily, (these days this could be handled under the DV Act). In this case a summons would not stop the daily threats, therefore on the matters of the complaint before me I issued a warrant and had the son brought before a Justice of the Peace. By doing this he could apply the provisions of the Bail Act and impose certain conditions until his appearance before a magistrate. However, I reiterate that the circumstances have be such that a warrant is a better course of action that a summons. Section 5 allows you to make whatever enquiries or receive evidence to make yourself satisfied as to the substantiation of the complaint:

5 Justice may make inquiries or receive evidence The justice of the peace, in the consideration of the substantiation of the matter of the complaint to the justice’s satisfaction, may make or cause to be made such inquiries and receive such evidence as the justice thinks fit. This would basically mean receiving sworn affidavits, and this would prolong the matter. But, it is available. Remember that if you issue your complaint, you must issue the summons. To do this you will need to contact the Registry where the matter is to be lodged for a return date.

Things to tell the complainant 1.

The summons has to be lodged at the registry and there is a fee – currently $64.30 – no waiver

2.

They have to arrange service; usually can be done by the police, or a private commercial agent. They can of course serve it themselves.

3.

They have conduct of the prosecution – unless they brief a solicitor

4.

On the return day, the matter will usually be set down for a future date for hearing.

5.

The issue of a summons is not a temporary order.

The Issue of a Summons When receiving a complaint, before issuing his summons, the Justice has to be satisfied as to the grounds of the complaint. The grounds for complaint and specifically listed in section 4(1) and (2) of the Act. Section 4(1) starts off by saying “a person (the complainant) may make a complaint to a Justice of the Peace that a person has Threatened….”.

Serving JPs and C.decs Throughout Queensland • 7


THE

Q.J.A. JOURNAL

Editorial

News In Brief

Joseph Law has stepped down as President after an

JP charged with drug & firearm offences

unprecedented period of growth and revitalization of the Association. Joseph had an uncanny way of connecting with most people and his style will be difficult to replace. We wish him a successful year as the President of the Australian Council of Justices Associations. The continued growth and activity of the QJA should not stop. Bob Pilkington has stepped into the position of President and will make his mark on the Association over the coming months. An area of concern in the recent past has been the lack of control over those JPs who do not maintain as high a standard as our members are urged to hold. Several cases of collection tins being discovered at signing centres to receive payment for the work that JPs and C.decs carry out at the centres have been discovered and reported to the Department. More recently we have found people undertaking training with little structure at institutions that have doubtful ability to provide proper and adequate training. Claims of ‘certified’

A recent report in the newspapers revealed that a Justice of the Peace residing at Coombabah in South-east Queensland was charged with drug and firearm offences. He pleaded guilty to possessing unlicensed firearms and a small quantity of cannabis seeds. After pleading guilty, the defendant was fined and put on a good behaviour bond but no conviction was recorded. The Association followed up with the Department of Justice to ensure the failure by the Magistrate to record a conviction would not prevent the Department from stripping the offender of his commission as a JP.

New JP Manual released A new JP(Qual) Manual has been released by the Department of Justice. The new edition updates the changes to the law, particularly in the domestic violence and change of name areas that members will have to deal with in their duties. A number of other amendments have also been made. The Manual can be down-loaded from the internet at www.justice.qld.gov.au at the JP Publications page. The download is in PDF format and consists of several files.

JP(Quals) a false sense of understanding.

The new Manuals are available in printed form from QJA and also through your local courthouse. Members are encouraged to keep themselves up to date by acquiring the new Manual. The price has been maintained at $13.50.

The New Zealand Government has released a draft policy on

Change of name and address

dealing with wayward JPs in their jurisdiction. This offers some

As QJA is a membership association independent of the Government, Members are urged to remember to notify both the Association and the Department of Justice if they change their name or address.

training courses when no certification is given by the Government is a worry. The short courses provided give new

good basic material on which the Association may be able to interest the Government in taking a more active role in cooperation with QJA in policing standards. The Association will continue to play an unofficial watchdog role to the best of our limited resources into the future.

We have also received comment from a small number of Members that they have not received their Journals. Unfortunately these members waited a year or longer before notifying us. If you do not get a copy of the QJA Journal within 4 months of the previous Journal, please contact the State Office to see if there is a problem.

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 member of the Defence Forces carry out the duties of a Justice of the Peace? A. There are two aspects to this question. A member of the Defence Force has every right to sit for the JP (Qual) exam and become a JP or apply to be appointed as a C.dec. Secondly, Officers in the Defence Force have the right to witness any Commonwealth document as if they were a JP. Q. If we can now use the QJA address instead of our own personal address on documents what should I put? Do I need to put my member number in to identify myself?

8 • Serving JPs and C.decs Throughout Queensland

A. When a document asks for your address, you can as a Member of QJA put the State Office address on the document. Any person then wishing to locate you can do so through the State Office. No personal details will be given out but State Office will act as a contact point for you in these cases. The address is: C/o QJA State Office PO Box 8419 Woolloongabba QLD 4102. There is no need to add your member number.


VO LU M E 2 • NUMBER 3 • SPRING 2005

Queensland Justices Association Financial Statements At 31 August 2005

Independent Audit Report to the Members of The Queensland Justices Association Scope We have audited the attached financial statements of the Queensland Justices Association (the Company) for the year ended 31 August 2005. The Company’s Directors are responsible for the preparation and presentation of the financial statements and information contained in them. We have conducted an independent audit of the financial statements in order to express an opinion on them to the Members of the Company. Our audit has been conducted in accordance with the Australian Auditing Standards to provide reasonable assurance whether the financial statements are free of material misstatement. Our procedures included examination, on a test basis, of evidence supporting the amounts and other disclosures in the financial statements, and the evaluation of accounting policies and significant accounting estimates. These procedures have been undertaken to form an opinion whether, in all material respects, the financial statements are presented fairly in accordance with Australian Accounting Standards and other mandatory professional reporting requirements in Australia and statutory requirements so as to present a view which is consistent with our understanding of the Company’s financial position, and performance as represented by the results of its operations and its cash flows. The audit opinion expressed in this report has been formed on the above basis.

Audit Opinion In our opinion the financial report of the Queensland Justices Association is in accordance with: a) The Corporations Act 2001, including: i.

Giving a true and fair view of the Company’s financial position as at 31 August 2005 and of its performance for the financial year ended on that date; and

ii.

Complying with Accounting Standards in Australia and the Corporation Regulations 2001; and

b) Other mandatory professional reporting requirements in Australia. Bennett Partners Chartered Accountants Brisbane

Christopher Lee Sammut Dated this 29th day of September 2005

Directors’ Declaration The Directors of the Company declare that: 1. The financial statements and notes, as set out on pages 3 to 5 are in accordance with the Corporations Act 2001: a.

Comply with Accounting Standards and the Corporation Law; and

b.

Give a true and fair view of the Company’s financial position as at 31 August 2005 and of its performance for the financial year ended on that date.

2. In the Directors’ opinion there are reasonable grounds to believe the Company will be able to pay its debts as and when they fall due and payable. This declaration is made in accordance with a resolution of the Board of Directors of the Company.

Joseph Law, Director

Anthony Watson-Brown, Director

Dated this 25th day of September 2005

Serving JPs and C.decs Throughout Queensland • 9


THE

Q.J.A. JOURNAL Queensland Justices Association

Statement of Financial Performance

for the year ended 31 August 2005 Notes

2005 $

2

224,414 2,785 -

203,040 (24,537) -

Operating Profit(Loss) before income tax

2,785

(24,537)

Income Tax Expense(Benefit) attributable to Operating Profit(Loss) Operating Profit(Loss) after Income Tax Accumulated Profit(Loss) at beginning of year Accumulated Profit(Loss) at end of year

2,785 6,590 9,375

(24,537) 31,127 6,590

Operating Revenue Operating Profit(Loss) before abnormal items and income tax Abnormal Items before income tax

Statement of Financial Position

2004 $

as at 31 August 2005 Notes

2005 $

11(A) 4

120,526 100 2,619 123,245

42,239 231 3,120 45,590

4,257 4,257

5,321 5,321

127,502

50,911

113,873 4,254

42,650 1,671

118,127

44,321

NET ASSETS

9,375

6,590

MEMBERS EQUITY Accumulated Funds

9,375

6,590

TOTAL EQUITY

9,375

6,590

CURRENT ASSETS Cash Receivables Inventories TOTAL CURRENT ASSETS NON-CURRENT ASSETS Training Manuals & Development Property Plant & Equipment TOTAL NON-CURRENT ASSETS

5 6

TOTAL ASSETS CURRENT LIABILITIES Accounts Payable and Prepaid Subscriptions Provisions

7 8

TOTAL CURRENT LIABILITIES

Statement of Cash Flows

2004 $

for the year ended 31 August 2005 Notes

CASH FLOWS FROM OPERATING ACTIVITIES Receipts from Customers Payments to Suppliers and Employees Net Cash provided by (used in) operating activities CASH FLOWS FROM INVESTING ACTIVITIES

2005 $

2004 $

224,414 (146,127) 78,287

202,096 (176,208) 25,888

Purchase of Property, Plant and Equipment Net Cash provided by (used in) investing activities

-

(874) (874)

CASH FLOWS FROM FINANCING ACTIVITIES Net Cash provided by (used in) investing activities

-

-

78,287 42,239 120,526

25,014 17,225 42,239

Net increase (decrease) in cash held Cash at the beginning of the year Cash at the end of the year The above should be read in conjunction with the accompanying notes. 10 • Serving JPs and C.decs Throughout Queensland

11(B)

11(A)


VO LU M E 2 • NUMBER 3 • SPRING 2005

Queensland Justices Association

Notes to and forming part of the Financial Statements NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The following is a summary of the material accounting policies adopted by the Company in preparing the financial statements. These policies have been consistently applied unless otherwise stated. (a) Basis of Accounting The financial report is a general purpose financial report which has been prepared in accordance with Accounting Standards and other authoritative pronouncements of the Australian Accounting Standards Board and the Corporations Law. The Financial Statements have been produced on an accruals basis in accordance with the historical cost convention and except where otherwise stated assets and liabilities are shown at cost. (b) Income Tax The Company is exempted from income tax under section 50-10 of the Income Tax Assessment Act 1997. (c) Inventories Inventories are measured at the lower of cost and the net realizable value. Costs are assigned on the First In First Out basis. (d) Property, Plant and Equipment Each class of property, plant and equipment is carried at cost or fair value less, where applicable, any accumulated depreciation. The carrying amount of property is reviewed annually by Directors to ensure that it is not in excess of the recoverable amount from these assets. The recoverable amount is assessed on the basis of the expected net cash flows which will be received from the assets employment and subsequent disposal. The expected cash flows have not been discounted to their present value in determining recoverable amounts. Depreciation/Amortisation All non-current assets with limited useful lives are depreciated over their estimated useful lives using the diminishing value basis of depreciation. (e) Leases Leases of fixed assets where substantially all risks and benefits incidental to the ownership of the asset, but not its legal ownership, are transferred to the Company are classified as finance leases. Finance leases are capitalized, recording an asset and a liability equal to the present value of the minimum lease payments, including any guaranteed residual values. Leased assets are amortised over the estimated useful life of the asset or the period of the lease, whichever is the shorter, where it is likely the Company will obtain ownership of the asset. Lease payments for operating leases, where substantially all risks and benefits remain with the lessor, are charges as expenses in the periods in which they are incurred. Lease incentives under operating leases are recognized as a liability. Lease payments received reduce the liability. (f)

Employee Benefits Provision is made for the Company’s liability for employee benefits arising from services rendered by employees to balance date. Employee benefits expected to be settled within one year together with entitlements arising from wages and salaries, annual leave and sick leave which will be settled after one year, have been measured at the amounts expected to be paid when the liability is settled, plus related on-costs. Other employee benefits payable later than one year have been measured at the present value of the estimated future cash outflows to be made for those benefits. Contributions are made by the Company to employee superannuation funds and are charged as expense when incurred.

(g) Accounts Payable Accounts Payable have been recognized as a liability for the year ended 31 August 2005 at the time when the amount owed can be measured reliably and when it is probable that the account will have to be paid. This is the time of the goods being received or the service being performed. The amount recognized for each creditor is based on purchase or contract costs. The amounts are unsecured and are normally settled within the time limits of normal terms of trade. (h) Cash For the purposes of the statement of cash flows, cash includes: - Cash on hand and at call deposits with banks or financial institutions, net of any bank overdrafts; and - Investments in money market instruments within three months.

Serving JPs and C.decs Throughout Queensland • 11


THE

Q.J.A. JOURNAL Queensland Justices Association

Notes to and forming part of the Financial Statements (i)

Members’ Subscriptions Members of the Company are Justices of the Peace and Commissioners for Declarations who pay an annual subscription fee. Subscriptions paid in advance are treated as current liabilities.

(j)

Comparative Figures

Where required by Accounting Standards comparative figures have been adjusted to conform with changes in presentation for the current financial year. 2005 2004 $ $ NOTE 2: REVENUE Operating Activities Members’ Subscriptions 184,749 180,173 Sales of QJA Items 3,895 3,517 Sundry Income 751 944 Training Fees Received 13,416 16,969 Donations 18 State Conference 494 1,437 Government Grants 21,091 224,414 203,040 NOTE 3: OPERATING PROFIT(LOSS) The operating profit(loss) before income tax is arrived at after charging and crediting the following specific items Charges: Amortisation – Training Manual Depreciation of Property, Plant and Equipment NOTE 4: RECEIVABLES – CURRENT Sundry Debtors Security Deposit – Energex NOTE 5: TRAINING MANUAL AND DEVELOPMENT Training Manual Development Accumulated Depreciation NOTE 6: PROPERTY, PLANT AND EQUIPMENT Office Equipment - at cost Accumulated Depreciation Office Furniture - at cost Accumulated Depreciation Leased Assets - at cost Accumulated Amortisation Furniture & Fittings - at cost Accumulated Depreciation Furniture & Fittings (Training Division) - at cost Accumulated Depreciation

12 • Serving JPs and C.decs Throughout Queensland

1,064

6,495 4,900

100 100

131 100 231

12,990 (12,990) -

12,990 (12,990) -

46,991 (42,734) 4,257 13,802 (13,802) 9,208 (9,208) 675 (675) 764 (764) 4,257

46,991 (41,670) 5,321 13,802 (13,802) 9,208 (9,208) 675 (675) 764 (764) 5,321


VO LU M E 2 • NUMBER 3 • SPRING 2005

Queensland Justices Association

Notes to and forming part of the Financial Statements 2005 $ NOTE 7: ACCOUNTS PAYABLE - CURRENT Accounts Payable Input Tax Credits Subscriptions in advance GST Payable PAYG Withholding Superannuation Payable NOTE 8: PROVISIONS -CURRENT Provision for annual leave

2004 $

(1,806) 104,931 8,262 1,520 966 113,873

(1,678) 39,601 3,771 665 291 42,650

4,254

1,671

NOTE 9: COMPANY STATUS The Company does not have a share capital as it is a company limited by guarantee. The liability of the members is limited to $1 in the event of the Company being wound up. NOTE 10: RELATED PARTY DISCLOSURE The Directors of the Company during the year were: Joseph Law Doug Hull Bob Pilkington Garry Franke Anthony Watson-Brown Raymond Young OAM Roger Kelly (aptd 10/01/05) Marian Vierveyzer (aptd 10/01/05)

Bernice Lippiatt Jan Stafford

NOTE 11: CASH FLOW INFORMATION (a) Reconciliation of Cash 2005 $ Cash at the end of the year is shown in the statement of financial position as: Suncorp – Main Account CBA – QJA State Office CBA – Investment Account CBA – Training Division Petty Cash (b) Reconciliation of Cash Flow from Operating Activities with Profit from Ordinary Activities after Income Tax Profit (Loss) from ordinary activities after income tax Non-cash flows in Operating Profit: Amortisation of Training Manuals Depreciation of Fixed Assets Changes in Assets and Liabilities Decrease(increase) in Trade and other Debtors Decrease(increase) in Inventory Increase(decrease) in Trade Creditors and Accruals Increase(decrease) in Employee Provisions Reconciliation Adjustment Net Cash provided (used) by Operating Activities

2004 $

120,326 200 120,526

33,596 509 5,664 2,270 200 42,239

2,785

(24,537)

1,064

6,495 4,900

131 501 71,223 2,583 78,287

2,060 112 35,187 1,671 25,888

NOTE 12: SEGMENT REPORTING The Company operates in one geographical location, being Queensland. The principal activities of the Company are fostering the education of Justices of the Peace and Commissioners for Declarations., to disseminate information to members to assist them to carry out their duties under these positions and to support and protect the status and interests of Justices of the Peace and Commissioners for Declarations.

Serving JPs and C.decs Throughout Queensland • 13


THE

Q.J.A. JOURNAL

QJA Branch Contacts BEAUDESERT – VALMAI MACAULAY PO Box 610, Beaudesert 4285 Telephone: 5544 6460

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

REDLANDS – DUDLEY ORCHARD PO Box 481, Capalaba, 4157 Telephone: (07) 3207 2338

BUNDABERG – DAVE READ 24 Franklin Street, Bundaberg 4670 Telephone: 4152 3318

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

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

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

INNER NORTHSIDE BRISBANE – DR ANNA KNIGHT 1/64 Alva Terrace, Gordon Park 4031 Telephone 3857 4163

SOUTH BURNETT – JAMES MCCANN PO Box 87, Yarraman 4614 Telephone: 4163 8461

CALOUNDRA – BERNARD KINGSLEY 2 Pennyroyal Circle, Currimundi 4551 Telephone 5493 1180

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

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

FOREST LAKE – ROBERT TAYLOR P.O. Box 126, Banyo, 4014 Mobile: 0402 685 414

TOOWOOMBA – ARCHIE TAIT 19 Panorama Drive, Glenvale, 4350

LOGANHOLME – JOHN BAILEY 30 Bingo Street, Holmview 4207 Telephone: 3287 1516

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

TOWNSVILLE – RUTH SCHOKKER PO Box 782, Aitkenvale 4814 Telephone: 4728 5500 (W) 4770 7040 (H)

NOOSA – ALLISON CALAGHAN PO Box 1445, Noosaville 4556 Telephone 5474 1430

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

WESTERN SUBURBS – WILLEM BOSSCHIETER 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 JP (Qualified) Examination Training The next examination is set for Saturday, 12 November 2005 between 9:00am and 12 noon. Courses are planned for Redlands, Ipswich, Gold Coast, Pacific Pines and Hervey Bay. If you know anyone who is interested in becoming a JP(Qual) ask them to contact Mark Davis at QJA House.

JP (Qual), CDec or JP(CDec) The Ipswich Branch QJA are looking for volunteers to assist at the Signing Centre, Booval Fair Shopping Centre, Booval. We ask for only 2 hours of your time on the following days: Thursday 6pm – 8pm OR Saturday 10am – 12 noon Also Expressions of Interest are required for JPs interested in assisting at the Signing Centre, St Ives Shopping Centre, Goodna. Day not yet decided.

Change of Address Please contact the State Office phone 07 3392 2455 or email: admin@qja.com.au if you have any change of address/telephone/email details.

14 • Serving JPs and C.decs Throughout Queensland

Name your 1st, 2nd & 3rd preference. If you can help to bring our services to the public, please contact your nearest Branch or QJA Head Quarters.

Ipswich Branch: 0415 418 320 QJA Head Quarters: 3392 2455


VOLUME 2 • NUMBE R 3 • SPRING 2005

The

Q.J.A. JOURNAL

Our Patron

MERCHANDISE

The Hon Paul de Jersey, AC, Chief Justice of Queensland

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

Publications

JP Pin Badge . . . . . . . . . . . . . . . . . . $6.50 incl GST Car Sticker . . . . . . . . . . . . . . . . . . . . $3.00 incl GST Rubber Stamps . . . . . . . . . . . .$25.00 incl. GST

Board of Directors

The Duties of Justices of the Peace (Qualified) Manual

PRESIDENT & CHAIRMAN OF THE BOARD Mr Bob Pilkington JP (Qual) 32 Blackstone Road, Newtown Q 4305

Telephone: (07) 3812 1865 Mobile: 0438 121 865 e-mail: bob.pilkington@qja.com.au

$13.50 incl GST

VICE PRESIDENTS Mr Doug Hull JP (Qual) P.O. Box 5289, Torquay Q 4655

Telephone: (07) 4124 4214 Facsimile: (07) 4124 7939 e-mail: doug.hull@qja.com.au

Cap

The Administrative Duties of Commissioners for Declarations

$19.50 incl GST Mrs Bernice Lippiatt JP (Qual) 3987 Mt Lindesay Highway, Park Ridge Q 4125

$6.80 incl GST

Telephone: (07) 3802 2557 Facsimile: (07) 3802 2559 Mobile: 0411 663 757 e-mail: bernice.lippiatt@qja.com.au

Quality Biro $6.00 incl GST

Dr Anthony Watson-Brown JP (Qual) Telephone: (07) 5538 5605 PO Box 1766, Facsimile: (07) 5538 5605 Broadbeach Q 4218 Mobile: 0424 778 543 e-mail: awbrown@qja.com.au

Pocket Badge

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 e-mail: garry.franke@qja.com.au

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: jan.stafford@qja.com.au

Mr Roger Kelly JP (Qual) PO Box 4414 Forest Lake Q 4078 Telephone: (07) 3279 9710 Facsimile: (07) 3278 9899 Mobile: 0403 034 408 e-mail: roger.kelly@qja.com.au

Mrs Marian Vierveyzer JP (Qual) PO Box 62 Goodna Q 4300 Telephone: (07) 3288 1652 Facsimile: (07) 3288 1262 Mobile: 0415 418 320 e-mail: marian.vierveyzer@qja.com.au

Ms Valmai Macaulay JP (Qual) PO Box 610 Beaudesert Q 4285 Telephone: (07) 5544 6460 Mobile: 0418 741 556 e-mail: valmai.macaulay@qja.com.au

Mr. Raymond Young OAM, JP (Qual) 102 Glenmore Road, Rockhampton Q 4701 Telephone: (07) 4927 4155 Mobile: 0405 624 648 e-mail: ray.young@qja.com.au

STATE OFFICE

Registrar

HELPFUL NUMBERS FOR JPs

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

Mr Mark Davis MBA JP (Qual)

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

Office Hours: Mon-Fri 9.00am to 5.00pm

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

$9.50 incl GST

Biro

Coffee Mug

$1.00 incl GST

$7.50 incl GST

Replacement Membership Card with photo $12.50 incl. GST Self-inking Stamps

Replacement Membership Card

$37.50 incl. GST

$6.60 incl. GST

NEW QJA Poloshirt . . . . . . . . . . . . . . . . $30.00 incl GST

ALSO ENQUIRE ABOUT OUR STUNNING NEW PERSONALISED WALL PLAQUES. The prices quoted do not include Postage and Handling. This varies from item to item. Please check with QJA House (07) 3392 2455 for details before ordering. Serving JPs and C.decs Throughout Queensland • 15


The

VOLUME 2 • NUMBER 3 • SPRING 2005

Q.J.A. JOURNAL

What Q.J.A. Means QJA is established to:QJA — Established in 1918

Official Magazine of the Queensland Justices Association

• Encourage high ethical standards of conduct of Members in performing their Office. • Promote and maintain the status of the Offices 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.

3

DIRECTORs’ Report

4

ABC of latin

4

gamBLing fundS

5

roll of honour

5

new 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.

2004-2005

for jps

grant

• 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. QJA exists to support members in carrying out their Office as Justices of the Peace and Commissioners for

6

to JPs and C.decs. Membership fees are our major source of income. QJA also 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 Branches discussion of topics relevant to members. Our organisation meets at least once annually as a whole body to further those discussions throughout the membership. Our training courses provide primarily for persons wishing to become JPs. We support local refresher courses, professional development and training information to members through our Branches to keep members up to date.

Peace & Good Behaviour Act by Bruce McLeod

Declarations. As a member you have access to an organisation that promotes the ideals set out above. Membership costs less than a dollar a week for which you receive four journals a year that cover current, topical matters relevant

article

8

editorial

8

news in brief

8

q&a

9

annual

Your questions answered

accounts &

Above left: Betty Gilbert (Caboolture), Dulcie Benn (Gladstone), Dianne Price (Turkey Beach) and Denise Simpson ( Sorrento) inspecting the Rockhampton Supreme Court Precinct.

Rockhampton Conference 2005 A Huge Success On Saturday, 24 September 2005, the Rockhampton Branch of QJA hosted an exciting festival for Justices and Commissioners. Over 80 Members and Guests attended the QJA Annual State Conference at the Supreme Court Precinct and Bauhinia House in the Central Queensland City. The Conference was opened by Mr. Justice Dutney, the Resident Supreme Court Judge for the Central District of Queensland. In welcoming delegates, the Judge said he was particularly honoured to open the conference as the work done by many Justices of the Peace is an important community service done without payment by dedicated public spirited individuals.

auditors report

Over the past year we have opened 14 new Branches and over the next 2 years we aim to open more. 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

branch

14 contacts

consider using the facilities that the Branch offers 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

14 training

to write to the Registrar so the QJA can be responsive to the wishes of members.

15 MERCHANDISE 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 JPs and C.decs Throughout Queensland

qja means 16 what to members

Mayor of Rockhampton Margaret Strelow also welcomed delegates to the “Beef Capital” of Queensland. The theme for the Conference was What the Stakeholders Expect and was addressed by senior Police Officers, representatives of the Public Service, in particular the Public Trustee, and by a senior lawyer. Judge Robert Hall summarised the day’s speeches collecting the common theme of service by JPs and C.decs. In keeping with tradition, the floor was thrown open to Members to discuss matters that concern them in their functioning as either JPs or C.decs. A full report of proceedings will follow in future editions of the QJA Journal. The State Conference was the last official function held under President Joseph Law who is standing down to be available to take the Presidency of the Australian Council of Justices Associations at its meeting in Perth in October. Serving JPs and C.decs Throughout Queensland

1


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.