VOLUME 6 • NUMBER 1 • AUTUMN 09 V
QJA - ESTABLISHED IN 1918
INSIDE
Official Magazine of the Queensland Justices Association
THIS ISSUE
QJA LOGAN WEST BRANCH REFRESHER WORKSHOP
3
PRESIDENT’S REPORT NEWS IN BRIEF
4
ROLL OF HONOUR New Members & Vale
5
LOGAN WEST REFRESHER WORKSHOP
6
PRESENTATION OF CERTIFICATES Capalaba-Gold CoastNanango
7
EXTRACT FROM ANIMAL CARE & PROTECTION ACT 2001
8
LAWYER GUILTY ON WILL THE MENTAL HEALTH INTERVENTION PROJECT
9
SEVERE MENTAL ILLNESS INFORMATION Extract from a Presentation by Mr Richard Moseley.
11
MEMBERS QUESTIONS AND ANSWERS JP Exam Dates QJA JP Training QJA REFRESHER WORKSHOP (MAROOCHYDORE)
13
QJA REFRESHER WORKSHOP (CAIRNS) New JPs Sworn in
14
BRANCH SECRETARIES AND CONTACTS
15
MERCHANDISE
Some of the 163 JPs and C.Decs who attended the QJA Refresher Workshop at Crestmead Community Centre.
QJA STATE OFFICE JP PREPARATION COURSE
From left to right - Wendy Dolan, Graeme Dolan, Anne Donnelly, Johann Pivec, Course Tutor and QJA State Registrar Greg Cuthbert, Cynthia Khin-Latt, Wei Vella, Lynelle Davis, Gary Davis and Jaryd Collins. Serving JPs & C.decs throughout Queensland
1
(AH)
Printed by Zink Group, 48 Butterfly Drive, Kallangur. Phone 0404 082231
2
Serving JPs & C.Decs throughout Queensland
VOLUME 6 • NUMBER 1 • AUTUMN 09
President’s Report Ladies and Gentlemen, In economic times when many organisations are going backwards, it is pleasing to say that this has not been the case at the QJA. Whilst the State Office has noticed a cut back in the purchase of discretionary items such as merchandise, it is pleasing to report that latest figures continue to show growth in membership of around 7% per annum. This figure has been consistent now for approximately the last twelve months. The board see this as a resounding vote of confidence in the services provided to Justices by the QJA. In recent times we have been able to expand our offerings of refresher workshops, forums and conferences to the point that we can say that in the past two years, we have been able to take these events to a host of towns across the State, including Cairns, Townsville, Rockhampton, Bundaberg, the Sunshine Coast, Brisbane, Ipswich and Toowoomba. These events have been staged primarily as “revenue neutral” events whereby we have had a lot of help from local branches and have charged a small fee to cover the additional costs of staging the events, with attending QJA members being subsidised to recognise their continuing support of the association. The QJA intends to conduct more of these events in 2010 and is always willing to hear from branches and/or
towns who are willing to stage such events, taking the revenue neutrality principle into account. Because of the continual growth of membership, the board is pleased to report that the Association, despite the recession and some cost increases, will be able to report a surplus for this financial year similar to that of last year. On this basis we are in the enviable position of being able to again hold fees at their current level for the 2009/10 financial year. This decision, and the ability of the board to continue to do this, does of course rely on all members continuing to support the association by renewing their subscriptions when they fall due at the end of June. I thank you for your past support and look forward to you continuing a long relationship with the QJA, as we continue to support you in your quest to be a professional, up to date JP.
Bob Pilkington President
News In Brief Refresher Workshops The Logan West Branch recently held a very successful refresher seminar and thanks must go to Keith Revell and his hard working committee for making the day such a huge success. Upcoming workshops are taking place at Maroochydore on March 14th and Cairns March 28th. Please check the advertisements on pages 11 and 13 of this journal. In early May (9th), the Ipswich branch will be staging a refresher workshop at Rosewood. More details are available by emailing ipswich@qja.com.au or by phoning the Ipswich branch secretary, Robyn Robertson, whose number appears elsewhere in this journal.
Email Addresses The QJA finds itself communicating more and more with its members by bulk email. For this reason it is important that when advising changes of address that members also advise any changes of email address. Any upcoming events for JPs that are advised to us at short notice are publicised initially by email, and later in the journal if the event has not passed.
Black Lamps The Department of Justice is in the process of trialling a system of black lamps at selected signing facilities across the state. What the machines do is emit an ultra violet light which can verify ID’s on drivers licences, credit cards, passports etc, by way of showing up security features that you probably did not know existed. A number of guidelines have been issued about the use of these: 1. Black lamps are to be used to check the ID of Queensland Transport issued drivers licences, Australian Passports, Credit Cards and 18+ cards only. 2. Clients should be advised in the first instance that ID is going to be checked (i.e. prior to the check happening)
3. If the identification is OK, proceed to witness the document using standard witnessing procedures. 4. If the identification is not found to be OK, then return the ID to the deponent, inform that there is a problem which should be referred to the issuer. Refuse to witness the document. 5. Identification found to be fake is not to be retained by the JP. The QJA recommends that where these machines are available, that members use them, however use is entirely up to the JP.
Common Forms We have received a number of enquiries as to where blank copies of common forms such as Stat Decs, Powers of Attorney etc can be obtained free of charge. Many of these forms are downloadable from the links and downloads section of the QJA web site www.qja.com.au.
JP Technical Bulletins The Department of Justice and Attorney General has commenced issuing these bulletins, which take the form of memos giving updates about matters of interest to Justices. These can be viewed online at http://www.justice.qld.gov.au/1005.htm
ADVERTISERS NEEDED for QJA JOURNAL EXPRESSIONS OF INTEREST One quarter page, half page and full page spaces are available at a reasonable price. Advertisements can be in black and white or in colour. If you are interested in placing an advertisement in the QJA Journal, please contact the QJA Registrar on telephone 3392 2455 or Email admin@qja.com.au.
Serving JPs & C.Decs throughout Queensland
3
ROLL OF HONOUR The Association wishes to note the long service given by the following Members under their commission.
GOLD – 50 YEARS OF SERVICE David Kropp John Mac Donald
William Patterson John Meldrum
Mervin Rogers Arthur Thompson
Neville Crocombe Ian Wilkinson
Maxwell Holden
Rodney Mackay Meryll Muller Ronald Murnane Kenneth Murphy Walter McLean Edward Otago Robyne Perkes Alfred Schmidt Thelma Silver
Graham Stead Vincent Tass Peter Walsh John Wearne AM Thelma Wills Kenneth Young Raymond Young OAM
SILVER – 25 YEARS OF SERVICE Patricia Brotherton Mary Egert Nicholas Evans Jeannette Gillis Sebastiano Cappellano Cecilie Hartley Heather Luck Ian Daw Wayne Harris
Marion Higgins Ian Girling Andrew Leonars Glenn Maymann Thomas Schulz Wayne Scott Anthony Smith Ian Foyster Phillip Geertz
Anne Glasheen Mona Kennedy Hazel Knopke Colin Krueger Ralph Lawson Marjorie Lerch Noel Roberts Henry Lo Allan Lutton
WELCOME TO NEW MEMBERS MF AMH JM JM RL BA DSP ME JM SA CC KL CL KE TJ JK LE MA CE JE RA DE JM JM JM RM ME R AC
Adam Albers Allen Anderson Arnold Arthur Austin Baker Baker Banning Bates Becker Beddows Benson Bertrand Blyth Boorer Boult Brewer Brooker Brown Bukowski Burkett Campbell Carlyon Casey Chock Man Chong Clarkson
VALE
W JD DG PA DG GF PA RW C AR RM CE GV LJ FB HL WA GJ R AI JT JK MA UE KJ BK K GG TVR
Condon Cook Cook Cooper Corbett Coulton Craven Cross Cross Dahms Darling Davidson Davis Davis de Groot Demnar Dolan Dolan Domoney Donnelly Dowsett Doyle Durrant Dux Farrant Farrow Finnegan Fletcher Foden
J TJ SR MJ KJ GB T DA JG RE KJ JM ALC MB HA CJ GC LBT MJ GJ RA HL DF HK T B JW S C
The Following have joined the Association since the Summer 2008/09 Journal
Forrest Foster Frahm Garrett Gay Gibb Gibson Glaze Graham Graham Graniglia Gray Green Gregg Grey Grimmer Groves Ha Haggarty Halliday Hay Hayden Henry Herrmann Hoare Holland Holland Holm Hooper
JA PK KJ LM AC U SN CO LA SWB ER KJ AL AM EJ SM J B R RJ I Y RP G TM C A JE KG
Hough Howard Hudson James James Jancic Jayasinghe Khin-Latt Korn Lau Lauchlan Lee Leis Littlejohn Lunney Manwill Martin McCullough McMeeken Mier Milczan Miller Moesbergen Morcombe Morriss Morrissey Muhammed Norris Nye
CD SC SL OM AV SE KM J DA LW LA PAB M FJ JDJ PR DJ OLG JR JE S H E GJ DG BI JE CE DC
O’Brien O’Leary Owen Page Panitz Parkin Pattinson Pivec Plester Prosser Pugsley Ransley Rasul Reitano Richardson Ridgley Robb Roberts Roush Rowe Russell Rye Saez Saunders Simmons Sippel Smith Smith Smith
EG J RC EJ VW IM T HM RE E C WL DJE H PW JK JL H RE D L ST T SE V DK
Smith Smollet Steele Strong Sudarmana Thompson Towers Trinh Tullio Urbahn Vella Vella Victorsen Vogelbusch Waite Walsh Walsh Watkins Webb White Wikarjusz Wilson Winchcombe Wright Zeeman Zillfleisch
We have received with sadness notice of the passing of the following Members:
Kevin Bell,
Peter King,
Ronald McDougall,
Percy Tiley.
Members should note that the Roll of Honour for 25+ and 50+ relates only to length of QJA Membership. Members wishing to receive the 25 years of distinguished service certificate as a Justice of the Peace for the State of Queensland should contact the Justice and Attorney Generals Department, JP Branch on telephone (07) 3259 6098 or 1300 301 147 or email jp@justice.qld.gov.au. 4
Serving JPs & C.Decs throughout Queensland
VOLUME 6 • NUMBER 1 • AUTUMN 09
QJA LOGAN WEST REFRESHER WORKSHOP presented by the police. He advised JPs to look for the various Acts that police will refer to. These included the Queensland Police Procedures Manual, Police Powers and Responsibilities Act 2000, Police Powers and Responsibilities Regulation 2000 and the Justices Act 1886.
The workshop was opened by the Honourable John Mickel MP, Minister for Transport, Trade, Employment and Industrial Relations. Mr Mickel advised participants that there were over 500 JPs and C.Decs in his electorate; and was surprised at the number of new JPs that he signed up each month. He appreciated the time that JPs give to the community in providing support at various signing centres.
Mr Glenn Dickson, Acting Director, Client Services, Public Trust Office spoke on Wills, Power of Attorney and Advanced Health Directives. Glenn was admitted as a solicitor to the Supreme Court of Queensland in 1983 and has over 40 years experience with the Public Trust Office, especially in the areas of probate, succession law, trusts and disability law. He gave a number of scenarios in which problems occurred at a later date. His advice to all JPs and C.Decs was to ask Principals a number of carefully chosen questions and to record the questions asked and the answers to those questions. He was also concerned that there was no requirement in Queensland to register EPAs and AHDs.
QJA Director Marian Vierveyzer gave a very detailed presentation on the process of witnessing documents and a number of pitfalls that JPs and C.Decs should be aware of; and should keep their process simple but consistent.
Sergeant Col Henderson, Crestmead Police Beat, Outlined the process for Search and Arrest Warrants, as well as Protection Orders. He emphasised the details that a JP should look for when an application is
Dr Ashwani Garg, a member of the Royal Australian College of Psychiatry is attached to the Adult Mental Health Unit at Logan Hospital and specialises in Epilepsy and Mental Health and has written several papers on the subject. Dr Garg advised the workshop attendees that 17.7% of the adult population had either anxiety disorders, substance use disorders, mood disorders while 0.3% to 0.5% suffered Psychosis and Schizophrenia. (National Survey of Mental Health and Well being 1997). He went on to describe Mental Illness as being a medical condition with disturbances of behaviour (action), thinking (beliefs), feelings (emotions), perceptions (sight, smell, etc), cognitions (memory). These conditions cause distress, disability, risk and loss of freedom.
Serving JPs & C.Decs throughout Queensland
5
PRESENTATION OF QJA CERTIFICATE
Mr Steve Coleman, Manager, Titles Registration, Department of Natural Resources and Water; and is now Manager, Titles Administration. Steve emphasised the importance that JPs and C.Decs play in the area of Land Registry. Customers rely heavily on the community service provided by JPs and C.Decs in witnessing Land Registry Forms and certifying supporting evidence and documentation. Their vigilance is integral in Land Registry fraud control processes; and contributes to the integrity of the Queensland Land Registry.
A Certificate of Appreciation was presented to Ian Foyster for 25 Years recognition as a JP and for service to a number of signing facilities on the Gold Coast. L to R - John Gordon Chairman Gold Coast Branch and Ian Foyster. Ian said that he has enjoyed the work and has seen 7,985 persons over a period of 2¡5 years. Ian has had to give up his activities as a result of ill health. His support will be missed by the Gold Coast Branch
QJA MEMBER DOROTHY PRATT Member For Nanango Presents Justice Department 25 Year Certificates to Members of Her Electorate.
L to R - the Logan Refresher Workshop organising committee, Judy MacKinnon, Keith Revell (Logan West Chairman), Val Rooney and Jeanne Van Dam. The committee was congratulated by Mr Bob Pilkington on organising such a successful workshop with their branch having been formed just 9 months ago.
PRESENTATION OF QJA CERTIFICATE
L to R - Clive O’Brien of Nanango and Dorothy Pratt
A Certificate of Appreciation was presented to Garth Bell, Centre Manager, Capalaba Park Shopping Centre for assistance provided to signing facilities offered by the QJA Redland City Branch. L to R - Allan Tennent Chairman Redland City Branch, Garth Bell Centre Manager, Capalaba Park Shopping Centre; Patricia Blight and Ann Whibley-Jones. 6
Serving JPs & C.Decs throughout Queensland
L to R - Dorothy Pratt and Jeff Connor of Blackbutt.
VOLUME 6 • NUMBER 1 • AUTUMN 09
EXTRACT FROM THE ANIMAL CARE & PROTECTION ACT 2001 (JPs should be aware that the RSPCA like the Police also issue Search Warrants. Also note Section s128 for Special Warrants)
(ii) the date and time the warrant was issued; and (b) the inspector must complete a form of warrant (a warrant form) and write on it -
Section s127 Issue of Warrant (Page 75)
(i)
(1) A magistrate or justice of the peace (qualified) may issue a warrant only if the magistrate or justice is satisfied there are reasonable grounds for suspecting there is -
(ii) the date and time the magistrate or justice issued the warrant; and
(a) a need to enter the place for which the warrant is sought to relieve an animal in pain at the place; or (b) there is a particular animal or other thing or activity (the evidence) that may provide evidence of an offence against this Act and the evidence is at the place, or, within the next 7 days, may be at the place. (2) The warrant must state (a) that a stated inspector may -
the magistrate’s or justice’s name; and
(iii) the terms of the special warrant. (6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate or justice. (7) The inspector must, at the first reasonable opportunity, send the magistrate or justice (a) the sworn application; and (b) if the inspector completed a warrant form - the completed warrant form.
(i) enter the place and any other place necessary for entry; and
(8) On receiving the documents, the magistrate or justice must attach them to the warrant.
(ii) exercise the inspector’s powers under this part; and
(9) If -
(b) either (i) if the warrant is issued under subsection (1) (a) - the animal or type of animal for which the warrant is given; or (ii) if the warrant is issued under subsection (1) (b) - the offence for which the warrant is sought; and
(a) an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and (b) the warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorized the exercise of the power.
(c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 7 days after the warrant’s issue, the warrant ends.
Section s128 Special Warrants (Page 76) (1) An inspector may apply for a warrant (a special warrant) by electronic communication, fax, phone, radio or another form of communication if the inspector considers it necessary because of (a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector’s remote location. (2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the warrant before the application is sworn. (4) After issuing the special warrant, the magistrate or justice of the peace (qualified) must immediately electronically communicate or fax a copy to the inspector if it is reasonably practicable to do so. (5) If it is not reasonably practicable to electronically communicate or fax a copy to the inspector (a) the magistrate or justice must tell the inspector -
Section s129 Warrants Procedure for Entry (Page 77) (1) This section applies if (a) an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant; and (b) the occupier of the place is present at the place. (2) Before entering the place, the inspector must do, or make a reasonable attempt to do, the following things (a) comply with 18 section 120 for the occupier; (b) give the occupier a copy of (i) the warrant; or (ii) if the entry is authorized by a facsimile warrant or warrant form mentioned in section 128(6) - the facsimile warrant or warrant form; (c) tell the occupier the inspector is permitted by the warrant to enter the place; 18 Section 120 (Production or display of identity card) (d) give the occupier an opportunity to allow the inspector immediate entry to the place without using force. (3) However, the inspector need not comply with subsection (2) if the inspector reasonably believes the inspector must immediately enter the place to ensure the effective execution of the warrant is not frustrated.
(i) what the terms of the warrant are; and
Serving JPs & C.Decs throughout Queensland
7
LAWYER GUILTY ON WILL Article by Journalist Kay Dibben Sunday Mail 28th September 2008.
A Veteran solicitor who changed a will on the instructions of an elderly woman with mental health problems has been found guilty of unsatisfactory professional conduct. The woman 86 at the time was suffering memory loss and cognitive impairment when she cut her family out of her will and asked for a friend to be sole beneficiary and have power of attorney over her affairs, the Legal Practice Tribunal found. Justice George Fryberg ruled that solicitor Gregory Francis Ford, of Ford Duell and Co of Acacia Ridge, was guilty of unsatisfactory professional conduct. Mr Ford a solicitor for more than 30 years, was given a public reprimand, a spokesman for the tribunal confirmed. The woman whose name has been withheld by the Sunday Mail, was in a nursing home when a long-time woman friend took her to Mr Ford’s office, where new documents relating to her estate were drawn up, the tribunal was told. The elderly woman had given her daughter-in-law power-of-attorney in 1998 and also made her principal beneficiary of her will. But they had fallen out in 2004 and she now wanted to leave her estate to the friend, whom she regarded as a daughter. In an affidavit, the elderly woman said she did not wish to make any provision for her two daughters or son. The Legal Services Commissioner brought a complaint that Mr Ford’s client was diagnosed with poor short-term memory and dementia before about changing her will. The Tribunal heard that Mr Ford was told the elderly woman had a mental condition. Justice Fryberg said Mr Ford failed to make appropriate inquiries to satisfy himself that the woman fully understood the legal effects of the documents and was capable of executing them. Justice Fryberg said Mr Ford should have been particularly alert to the woman’s capacity to execute power of attorney and a new will. Legal Services Commissioner John Briton said the decision to find the solicitor guilty of professional misconduct was “a triumph of common sense” and sent a message to all lawyers. “If you’re going to take instructions from someone who is elderly, in a nursing home and changing something they’ve done previously, you have to wonder if the person is capalable of giving those instructions,” Mr Briton said. More reason for all JPs and C.Decs to be very careful when witnessing Wills, EPAs and AHDs. Editor.
8
Serving JPs & C.Decs throughout Queensland
THE MENTAL HEALTH Extract from the Communiqué, the newsletter of the Queensland COAG Mental Health Group – Keeping you up to date, Issue 5, October 2007, Pages 3 and 4. By John Carr, A/Co-ordinator, Statewide MHIP, Central Area Health Service. As part of the Queensland Government commitment to improve the quality of access to Mental Health Services, Mental Health Intervention Teams were allocated $4.1m to improve responses to Mental Health incidents requiring police or ambulance intervention. The Mental Health Intervention Project (MHIP) is an exciting Australia first, joint government partnership aimed at the prevention and safe resolution of mental health crisis situations. The project commenced in 2005/06 and provides funding to the Queensland Police Service (QPS), the Queensland Ambulance Service (QAS) and Queensland Health (QH) to develop joint agency responses to critical mental health incidents. Now in its third year the project relies heavily on the three agencies working together at district level and building upon existing collaborative processes to prevent and safely resolve these crises as they arise. Each of the agencies has identified a Mental Health Intervention Coordinator (MHIC) role in 17 selected health service districts across the State. These positions are the ‘lynch pin’ of the relationship between QH, QPS and QAS. Within QH, the MHIC provides a consultation and liaison service to police, ambulance, mental health staff and other health services to ensure improved communication and liaison between the three services. The role also supports meaningful and timely information sharing between the three services so that the most appropriate response can be provided in times of crisis resulting in safer outcomes for all. Each of the district MHICs meet on a regular basis to identify issues, discuss complex cases, develop preventative interventions and identify alternative pathways of referral. QH have appointed MHICs in 13 of the 17 health service districts to date with four outstanding appointments to be made in this financial year namely Mount Isa, Townsville, Cairns and Mackay. The project aims to enhance the capacity of existing services to respond more effectively in day to-day and mental health crisis situations and recognises the need to develop: • Agreed responses to individuals who are experiencing a mental health crisis. • Improved safety for all, mental health staff, police and ambulance personnel and the community improved communication and liaison. • Meaningful information sharing between the three services. • Adequate and timely responses. • Improved access to a range of services for those experiencing a mental health crisis. The key to information sharing is each service exchanging more timely and relevant information prior to and during a crisis situation. A Memorandum of Understanding (MOU) between QPS and QH has been signed by both the Commissioner of Police and the Director General of Health.
VOLUME 6 • NUMBER 1 • AUTUMN 09
INTERVENTION PROJECT The MOU not only includes a definition of what constitutes a mental health crisis but also specific schedules regarding what information can be shared by both health and police in a crisis situation. Several amendments to the Health Services Act 1991 (HSA) have established new exceptions to the duty of confidentiality which support cross agency information sharing. Previously the HSA prevented confidential information being disclosed without the consent of the health service consumer. This is an exciting new initiative which supports health service staff in their decision making processes in such critical situations. The “Part 7 Confidentiality Guidelines” have been developed to assist QH staff in understanding their obligations and the application of the exceptions to information disclosure. These guidelines can be found on QHEPS at http:// qheps. health.qld.gov.au/ privacy/docs/Confidentiality_ Guidelines.pdf. Each service is providing agency specific training to staff with cross agency participation being encouraged in all programmes. QH training is aimed at providing staff with an overview of the project, including agreements between QH, QPS and QAS. Also included is knowledge of the legislative frameworks, operations and work practices of the QPS and QAS. To support health clinicians in practice, the training also provides knowledge of the new legislative guidelines, policies and procedures relating to inter agency information sharing. The QPS have developed the First Response Officer (FRO) Training as a one day scenario based training programme. The purpose of FRO training is to provide first response police officers with strategies, procedures and advanced tactical communication skills for safer interventions in mental health related incidents. This training is facilitated by specialist police negotiators who possess advanced skills in verbal communication with persons in times of crisis. The negotiators play the roles of persons presenting with a range of mental conditions in crisis such as depression, paranoid schizophrenia, bipolar, delusional and personality disorders. They also provide debriefings at the end of each scenario. The QAS have developed an extensive mental health training package for all paramedics. This education package includes key information on such topics as signs and symptoms of mental illness/disorder, mental status examination and clinical practice and safety guidelines. Paramedics will be able to access this training as an online programme in the near future. According to Senior Sergeant Mike Mitchell, Statewide Coordinator for MHIP with the QPS the project has been “... well received by police officers and all health participants throughout the State. To date we have trained in excess of 3,500 front line police officers in de-escalation skills relating to people in mental health crisis. First response police officers welcome this training and view the resulting collaboration and partnerships with health and ambulance staff as extremely valuable. More timely and accurate information sharing processes have allowed for more speedy responses and quicker turn around times at hospital emergency departments therefore freeing police officers to return to other operational duties”.
Senior Sergeant Mitchell invites all QH and QAS staff to attend any of the FRO training sessions being held in their districts. All district MHIC’s will have details of upcoming FRO Training dates. The Mental Health Intervention Project represents an exciting development in collaborative service delivery not yet achieved anywhere else in Australia. The project will benefit all health services in their day to day responses to individuals with mental illness and ultimately assist in improving the health of all Queenslanders.
District Health Service Contacts (MHICs): RBWH PAH Northside.PCH Northside Red/Cab Bayside Logan Gold Coast Sunshine Coast Bundaberg Fraser Coast West Moreton Toowoomba Rockhampton
Andy Shaw Jill Evans Imelda Harris Liz Stafford Martin Davies Noel Delaney Nicki Filauer Gino Richter Sharon Dalton Barbara Hurst Janet Brack Paul Sheath Brian McCheane
07 3834 1605 07 3240 6369 07 3139 5113 07 5433 8430 07 3488 3777 07 3299 8056 (A) 07 5519 7660 07 5470 6900 07 4150 2642 07 4128 5400 07 3817 2489 07 4616 5210 07 4920 6100
SEVERE MENTAL ILLNESS INFORMATION An Extract from a Presentation by Mr Richard Moseley, Team Leader, Acute Care Team, Wide Bay Integrated Mental Health Service to JPs at Bundaberg, Friday 30th January, 2009.
Severe Mental Illness. • Anxiety Disorders . • Bipolar Disorder. • Borderline Personality Disorder. • Depression. • Obsessive Compulsive Disorder (OCD). • Psychosis. • Schizophrenia. What Are Anxiety Disorders? • An anxiety disorder is a medical condition. • Anxiety disorders include generalised anxiety disorder, obsessive compulsive disorder, social anxiety disorder, panic disorder, and phobias.
• Some people may also experience depression with the anxiety, or have problems with alcohol or drug abuse.
What are the Symptoms? • Persistent, excessive or unrealistic worries (Generalised anxiety disorder).
• Compulsions and obsessions which they can’t control (Obsessive compulsive disorder).
• Intense excessive worry about social situations (Social anxiety disorder).
• Panic attacks (Panic disorder). • An intense, irrational fear of everyday objects and situations (Phobia). • Other symptoms of anxiety disorder may include a pounding heart; difficulty in breathing; upset stomach; muscle tension; sweating or choking; feeling faint or shaky. Serving JPs & C.Decs throughout Queensland
9
What is Bipolar Disorder? Bipolar Affective Disorder affects the normal functioning of the brain, so that the person experiences extreme moods – very high and overexcited or very low and depressed. The person may be affected so much that he or she experiences the symptoms of psychosis, and is unable to distinguish what is real. The symptoms generally react well to treatment, and most people with bipolar disorder recover well from episodes of the illness. WHAT ARE THE SYMPTOMS? People with bipolar disorder can become high, over excited and reckless, or imagine that they are more important or influential than they are in real life. They can also become extremely low, feeling helpless and depressed, with difficulty making decisions or concentrating. Some people mainly experience highs. Some experience mainly lows, and some experience both extremes – becoming profoundly depressed or over-excited. The person may then behave in an uncharacteristically irrational or risky manner.
What is Borderline Personality Disorder? • People affected by BPD frequently experience: • Distressing emotional states; • Difficulty in relating to other people; • Self-harming behaviour; • With early diagnosis and effective treatment, the outcomes for people with BPD are good.
• People with BPD have persistent difficulty relating to other people and to the world around them. This can be very distressing for the person and for those who care for them. WHAT ARE THE SYMPTOMS? Could include:
• Deep feelings of insecurity; • Persistent impulsiveness; • Confused, contradictory feelings; • Self Harm. What is Depression? • It significantly affects the way someone feels, causing: • Persistent lowering of mood; • Accompanied by a range of other physical and psychological symptoms that can interfere with the way a person is able to function in their everyday life. The symptoms of depression generally react positively to treatment. WHAT ARE THE SYMPTOMS OF DEPRESSION?
• Depression has a variety of symptoms and can affect people in different ways. Symptoms include:
• Feeling extremely sad or tearful; • Disturbances to normal sleep patterns; loss of interest and motivation; • Feeling worthless or guilty; loss of pleasure in activities; • Anxiety; changes in appetite or weight; loss of sexual interest;
What is Obsessive Compulsive Disorder (OCD)? • OCD is an anxiety disorder, characterised by the presence of recruiting intrusive and unwanted thoughts, images, or impulses obsessions and repetitive behavioural and mental rituals, compulsions.
• People with OCD are usually aware that their symptoms are irrational and excessive, but they find the obsessions uncontrollable and the compulsions difficult or impossible to resist. WHAT ARE THE SYMPTOMS OF OCD?
• Fear of contamination from germs, dirt, etc; fears of harm to self or others.
• Intrusive sexual thoughts or images; concerns with symmetry, illness or religious issues; an intense irrational fear of everyday objects and situations (phobia).
• Common compulsions include: • Washing; cleaning; checking; hoarding; touching; counting; and repeating routine activities and actions.
What is Psychosis? • There is one group of illnesses which disrupt the functioning of the brain so much, they cause a condition called psychosis. When someone experiences psychosis they are unable to distinguish what is real – there is a loss of contact with reality. Most people are able to recover from an episode of psychosis. WHAT ARE THE SYMPTOMS OF PSYCHOSIS?
• Confused thinking: • when acutely ill, people with psychotic symptoms experience disordered thinking. The every day thoughts that let us live our daily lives become confused and don’t join up properly;
• Delusions: • a delusion is a false belief held by a person which is not held by others of the same cultural background;
• Hallucinations: • the person sees, hears, feels, smells or tastes something that is not • actually there. The hallucination is often auditory. • Behavioural Changes. What is Schizophrenia? • It affects the normal functioning of the brain, interfering with a person’s ability to think, feel and act. Some do recover completely, and, with time, most find that their symptoms improve. However, for many, it is a prolonged illness which can involve years of distressing symptoms and disability.
• People affected by schizophrenia have one ‘personality’, just like everyone else. It is a myth and totally untrue that those affected have a so-called ‘split personality’. WHAT ARE THE SYMPTOMS?
• Positive symptoms as mentioned in Psychosis previously. • Negative symptoms.
physical aches and pains; impaired thinking or concentration.
This information may help JPs decide whether a JEO application should be approved. Editor. Further Information. Fact sheets may be found on the SANE Australia Website www.sane.org/information/factsheets/anxiety_disorders.html 10
Serving JPs & C.Decs throughout Queensland
VOLUME 6 • NUMBER 1 • AUTUMN 09
JP EXAM DATES FOR 2009
MEMBERS QUESTIONS & ANSWERS
Thursday, 12 March
6:15pm - 9:15pm
Thursday, 14 May
6:15pm - 9:15pm
Saturday, 18 July
9:00am - 12:00pm
Thursday, 12 November
6:15pm - 9:15pm
TRAINING QJA State Office will be offering a JP Preparation Course at its premises as indicated below: When:
Hours:
Tuesday 28th April 2009, Wednesday 29th April 2009, Thursday 30th April 2009. 8.30am to 4.30pm. (Total 24 Hours).
Where: State Office, 751 Stanley Street, Woolloongabba Q 4102. Cost:
$198.00.
For further details contact the Registrar on Telephone 3392 2455 or Email admin@qja.com.au or download a registration form from the QJA website www.qja.com.au. QJA runs courses throughout the State including Brisbane, Ipswich, Gold Coast, Beaudesert, Redlands, Caloundra, Maroochydore, Noosa, Hervey Bay, Bundaberg, Rockhampton, Townsville, Cairns and any other town where demand exists. For Branch Contacts refer to page 14 of the Journal.
(Q.1). As a C.Dec, I certified some personal documents for a person who was in the process of transferring a balance of superannuation benefits between funds. Some time later the person advised me that the certified documents were not acceptable having been certified by a C.Dec. What is the reason for this? (A.1). Commissioners for Declarations and JPs (C.Dec) are not authorised to certify copies of personal documents to be used in superannuation situations. The Australian Tax Office and a number of super funds have a section in their documents which may be as follows:
CERTIFICATION OF PERSONAL DOCUMENTS. All copied pages of ORIGINAL proof of identification documents (including any linking documents) need to be certified as true copies by any individual approved to do so (see below). The person who is authorised to certify documents must sight the original and the copy and make sure both documents are identical, then make sure all pages have been certified as true copies by writing or stamping ‘certified true copy’ followed by their signature, printed name, qualification (eg Justice of the Peace, Australia Post employee, etc) and date. The following can certify copies of the originals as true and correct copies:
• A permanent employee of Australia Post with five or more years of continuous service;
•A QJA REFRESHER WORKSHOP QJA Maroochydore Branch is hosting a Refresher Workshop for ALL JPs and C.Decs. The day will revise a range of standard topics encountered by JPs. When: Saturday March 14, 2009. Where: Millwell Road Community Centre, Millwell Road, Maroochydore Qld 4558. Registrations close immediately - please register now. Cost $20.00 for Members & $25.00 for non Members includes lunch, morning and afternoon tea. Please register by sending a cheque or credit card details to: The Treasurer, QJA Maroochydore Branch, PO BOX 611, Mooloolaba Q 4557. For further details download a registration form from the downloads section of www.qja.com.au. Or ring Juell Booth on (07) 5445 6825.
finance company officer with five or more years of continuous service (with one or more finance companies);
• An
officer with, or authorised representative of, a holder of an Australian Financial Services Licence (AFSL), having five or more years continuous service with one or more licensees;
• A notary public officer; • A police officer; • A registrar or deputy registrar of a court; • A Justice of the Peace; • A person enrolled on the roll of a State or Territory Supreme Court or the High Court of Australia, as a legal practitioner;
• An Australian consular officer or an Australian diplomatic officer; • A judge of a court; • A magistrate; or • A Chief Executive Officer of a Commonwealth court.
Serving JPs & C.Decs throughout Queensland
11
(Q.2) I was recently contacted by a coach driver who had inadvertently failed to access a NSW Road Transport Way Station. He had received documentation from a NSW Court to plead guilty or not guilty and required the services of a JP. As the document is one from NSW we are usually not supposed to witness the document. What should I do as I didn’t want to disadvantage the driver?
the front page of the exhibit. The exhibit should then be signed by both the JP and the deponent.
(A.2). Generally Queensland JPs are not supposed to witness NSW Documents. However, the deponent should ring the particular court to see if they will accept the document being witnessed by a Queensland JP. If the document will be accepted, the signature of the JP should be witnessed IN AND FOR THE STATE OF QUEENSLAND.
SAMPLE ONLY
In the Supreme, Magistrates and District Courts, official forms do exist and can be found under Court Forms, Forms 47 and 26 from Child Protection being the most common.
SUPREME COURT OF QUEENSLAND Plaintiff2
(As per Claim) AND
In this case the JP did ring the NSW court in question and they were happy for a Queensland JP to witness the document. Editor.
[First] Defendant3
(As per Claim)
(Q.3). What should I do with the seal of office when I resign my commission?
AND
(A.3). The seal is the property of the Department of Justice and Attorney General, however recent enquiries to the JP Branch suggested that the seal could be returned, kept as a memento or destroyed.
[Second Defendant] CERTIFICATE OF EXHIBIT
Exhibit A to the affidavit of (name of deponent) sworn [affirmed] (date):
(Q.4). Any annexures attached to an affidavit to be filed in court for a civil proceeding must be accompanied by a “Certificate of Exhibit”. Where can I get a copy of a “Certificate of Exhibit” form?
or Bound and marked A – Z are the exhibits to the affidavit of (name of deponent) sworn [affirmed] (date).
(A.4). From time to time, the evidence given in an affidavit refers to an attached document. This attachment may be referred to as an exhibit instead of an annexure. If an exhibit forms part of the evidence presented, it must be referred to in the affidavit. It follows that a certificate of exhibit is not necessarily a form as such, but rather a sentence that is written on the front page of the exhibit that “certifies” that the attachment is the one referred to in the affidavit. Before writing the certifying sentence on the exhibit, you do need to check that reference is made to the exhibit in the affidavit. If there is more than one exhibit, each must be marked in with a letter number or other identifying mark, for example, Exhibit ‘A’, Exhibit ‘B’. The mark referred to in the affidavit should be placed on the exhibit where it can be easily read, for example near the top of the page. For an e x h i b i t wh i c h is o n ly o n e p ag e, th e follow ing certifying statement must be included on the exhibit: “This is the exhibit marked [insert an alphabetical letter e.g.“A” referred to in the affidavit of [insert name of deponent], declared before me this [insert date] day of [insert month, year] [insert your signature, full name and JP registration number]”. The exhibit should then be signed by both the person taking the affidavit (i.e. in this case you the JP) and the deponent. If the exhibit is more than one page long, the following certifying statement must be included on the first page of the exhibit: “This and the following [insert number of pages] pages is the exhibit marked [insert an alphabetical letter e.g.” A”] referred to in the affidavit of [insert name of deponent], declared before me this [insert date] day of [insert month, year]. [Insert your signature, full name and JP registration number]”. The above statement should be placed where space allows on 12
Serving JPs & C.Decs throughout Queensland
(As per Claim)
(Deponent to sign)
Deponent
(Person taking affidavit to sign)
(Description of person taking affidavit)
Note: 1.
If the affidavit is taken under r 433, the deponent does not sign.
(Q.5). I heard recently that a Justices Examination Order should only be issued by a JP if the situation is considered “non-urgent”. In an urgent case, the police must be informed and it is their job to apply for an “emergency examination order”. Is this correct? (A.5). An application for a Justice Examination Order is only issued in “non urgent” situations and has a life of seven days from the date of signing. If the situation is urgent (the subject is likely to cause harm to him/herself or others), the police or ambulance should be informed and they can take out a different type of order - an emergency examination order. Emergency Examination Orders can only be issued by a magistrate upon an application being received from the Queensland Police Service or the Queensland Ambulance Service. The State Government has formed Mental Health Intervention Teams and have identified 13 regions. See Page 8.
VOLUME 6 • NUMBER 1 • AUTUMN 09 Due to the complexity of mental health illnesses and the need for privacy, it is recommended that JPs should not process applications at JP Signing Centres, but refer them to the local magistrates Court.
QJA REFRESHER WORKSHOP
(Q.6). Other professional bodies such as the Certified Practicing Accountants, Australia (CPA), require their members to continually update their skills by maintaining a certain amount of hours of professional development or training a year. Are JPs required to maintain a certain level of professional development?
When:
(A.6). At present there is no requirement for a JP or C.Dec to undertake professional development or training in Queensland. However QJA branches do offer Refresher Workshops at various times and the QJA has a State Conference once a year. These activities are open to ALL QJA Members AND non-members and are actually professional development sessions. The QJA recommends that all members should attend these activities to keep up to date with changes.
(Q.7). I was approached by Company (A) who had hired a trailer to Company (B). The Company (B) vehicle towed Company(A)’s trailer through an intersection where it was caught on a red light camera. Company (A) who owned the trailer received the Traffic Infringement Notice. How should the Infringement Notice be completed? (A.7). A Director or authorised person of Company A should fill out the top section of the Statutory Declaration as not driving the vehicle and complete the section identifying the driver by identifying Company B as the responsible person. Registration of the towing vehicle may not be known or the name or licence number of the driver. The Statutory Declaration should be completed as normal and Company A should return the Statutory Declaration to the Traffic Camera Office. The JP should ensure that the Infringement Notice is still within the 28 day period. If Company A has not completed the Statutory Declaration within the 28 day period, the infringement notice will remain issued to Company A; and may be referred to the State Penalties Enforcement Registry (SPER). However Company A could ring SPER to seek advice, but there may be an additional administration fee involved.
(Q.8). Some couples have property/belongings purchased prior to marriage where the woman has used her maiden name. After marriage, a woman usually takes her partner’s surname. In the event of property changes/divorce settlements, where the signature of the woman is required in her maiden name; and she no longer holds identification in her maiden name; what is the course of action in determining her former identity for witnessing of her former signature? (A.8). You should ask the deponent to produce original copies of her birth certificate and marriage certificate. Her marriage certificate should have her maiden name signature on it and can be compared with a specimen signature or the signature on the document to be witnessed. If the document to be witnessed requires her to be put on oath/affirmed, this should be done in the first instance and then ask her “Are you the person indicated in the birth certificate and marriage certificate”. Her drivers licence should also be sighted as per the norm.
QJA Cairns Branch is hosting a Refresher Workshop for ALL JPs and C.Decs. The day will revise a range of standard topics encountered by JPs. Saturday March 28, 2009
Where: Catalina Room, Cairns RSL Club 155 The Esplanade Cairns Qld 4870 Cost $20.00 for Members & $30.00 for non Members includes materials, lunch, morning and afternoon tea. Please register by sending a cheque or credit card details to: The Treasurer QJA Cairns Branch PO Box 262 Trinity Beach Qld 4879 For further details download a registration form from the downloads section of www.qja.com.au. Or ring Yvonne Jex on 0449 043 100
NEW BUNDABERG JPs
L to R - Mr Jack Dempsey MP, Member for Bundaberg, Faye Chatham, Magistrate Jennifer Batts, Helen Lander and Victor Dawson, Chairman QJA Bundaberg Branch. CHANGES TO APPOINTMENT PROCESS FOR NEW JUSTICES The JP Branch of the Department of Justice and Attorney General has advised a number of key assessment changes for those applicants wishing to be appointed as a Justice of the Peace (Qualified) for the State of Queensland. These changes are: 1. 2. 3.
All applicants must complete a competency examination; All applicants must complete a “Learner Guide”; and All applicants will no longer receive a percentage mark for their assessment. Rather, they will be informed that they are either competent or not competent.
This rating will be given if the applicant is deemed competent in both forms of this mandatory assessment. Applicants can purchase the “Learner Guide” from the Justices of the Peace Branch only after the applicant has received information that they have been deemed competent in the examination.As there was no previous timeframe governing the application process, there have been cases where people have taken several years to apply following completion of their assessment requirements. This poses a significant risk as to the currency of knowledge. To address this issue, a maximum time frame of two (2) years will now be enforced for all persons completing an assessment. Applicants who apply outside this time frame may be required to complete further assessment.
Serving JPs & C.Decs throughout Queensland
13
QJA BRANCH SECRETARIES & CONTACT DETAILS BEAUDESERT - VALMAI MACAULAY beaudesert@qja.com.au Telephone: 5544 6460 BUNDABERG – VICTOR DAWSON bundaberg@qja.com.au Telephone: 0438 103 812
INNER NTH BRISBANE - BARRY TODD inb@qja.com.au Telephone: 3354 1098
PROSERPINE/WHITSUNDAY - LORRAINE
IPSWICH - ROBYN ROBERTSON ipswich@qja.com.au Telephone: 0416 065 888
Telephone: 4947 5187
WATTS proserpine@qja.com.au
REDLAND CITY - RAY BURROWS redlandcity@qja.com.au
LOGANHOLME - ]OHN BAILEY
CAIRNS - YVONNE JEX cairns@qja.com.au
loganholme@qja.com.au
Telephone: 4057 9070
Telephone: 3287 1516
CALOUNDRA – IRENE WHITE
LOGAN WEST - KEITH REVELL loganwest@qja.com.au Telephone: 3803 4337
Telephone: 3822 1366 ROCKHAMPTON - JANE COMOLLATTI rockhampton@qja.com.au
caloundra@qja.com.au Telephone: 5439 7387 FOREST LAKE - ROGER KELLY forestlake@qja.com.au Telephone: 0430 028 601 GLADSTONE – JUDITH ROWARTH gladstone@qja.com.au Telephone 4979 4448 GOLD COAST - JUDITH NOVAK goldcoast@qja.com.au Telephone: 0403 255 828
MACKAY – STATE OFFICE mackay@qja.com.au Telephone: 1800 061 423 MAROOCHYDORE - ]UELL BOOTH maroochydore@qja.com.au Telephone: 5445 6825 MT ISA - MEGAN HOUSDEN mtisa@qja.com.au Telephone: 4749 0623 NOOSA - MARGARET LEWINS noosa@qja.com.au Telephone: 5471 0617
GYMPIE – JOCK YDE gympie@qja.com.au Telephone 54826212
PACIFIC PlNES - PEARL DRIVER pacificpines@qja.com.au Telephone: 5502 7031 (A/hrs)
HERVEY BAY - RON JUST hervey@qja.com.au Telephone: 4128 3628
Telephone: 4926 1659 SOUTH PINE - PHYLLIS HALL southpine@qja.com.au Telephone: 3264 4436 TOOWOOMBA - RUTH ROCHE toowoomba@qja.com.au Telephone: 4635 6727 TOWNSVILLE - ANNEMAREE LUTHER townsville@qja.com.au Telephone: 0747734371 WESTERN SUBURBS GRAHAME TAINTON westsubs@qja.com.au Telephone: 3279 0185 WYNNUM MANLY - DON HANN wynnummanly@qja.com.au Telephone: 3390 4278
We encourage you to contact the Branch nearest you.
HERTZ HAVE AGREED TO PARTNER THE QJA TO PROVIDE CAR RENTAL SERVICES AT COMPETITIVE RATES.
AS A MEMBER
OF THE ASSOCIATION, YOU CAN TAKE ADVANTAGE OF THESE RATES ON THEIR ENTIRE RANGE OF VEHICLES. TO OBTAIN THE DISCOUNT PHONE CDP NUMBER
1800 082 167 FOR BOOKINGS AND QUOTE
1831324 OR ALTERNATIVELY BOOK ON LINE AT
www.hertz.com.au . HAVE YOUR QJA MEMBERSHIP CARD READY FOR VERIFICATION WHEN YOU COLLECT THE VEHICLE.
Hertz are also offering #1 Club Gold membership FREE. Apply on-line.
14
Serving JPs & C.Decs throughout Queensland
VOLUME 6 • NUMBER 1 • AUTUMN 09
QJA MERCHANDISE ORDER FORM ITEM NO DESCRIPTION
QTY REQ
COST
QJA01
Membership Pin
QJA02
Red Ink for Stamp Pad
$8.50
QJA03
QJA Tote Bags
$4.50
TOTAL COST
$6.50
QJA04R
Stamp Rubber Name/JP Type
$27.00
QJA04S
Stamp Self Inking Name/JP Type
$38.50
QJA05R
Stamp Rubber Certified Copy with Name/JP Type
$27.00
QJA05S
Stamp Self Inking Certified Copy with Name /JP Type
$38.50
QJA06
Replacement Membership Card No Photo
QJA06P
Replacement Membership Card With Photo
$12.50
$6.60 $29.00
QJA06S
Stamp Self Inking – Self Conversion of Seal of Office
QJA07
Car Sticker C.Dec
$0.80
QJA08
Car Sticker JP(Qual)
$0.80
QJA09
Coffee Mug
$8.00
QJA10
Scribble Pads
QJA11W
Magnetic Name Badge (white background + crest)
$16.00
QJA11B
Magnetic Name Badge (blue background + crest)
$16.00
QJA13
Deluxe Pen
QJA15
QJA Cap**Reduced**
$15.00
QJA16
Mens Polo No Pocket (Sizes S,M,L,XL,2XL,3XL,4XL)
$30.00
QJA17
Mens Polo With Pocket (Limited Stock)
$39.50
QJA18
Ladies Polo (Sizes 8, 10, 12, 14, 16, 18, 20)
$30.00
QJA19R
Rubber Stamp Custom Made
$27.00
QJA19S
Self Inking Stamp Custom Made
QJA20
Wall Plaque – Embroidered (Includes Postage)
QJA21
JP (Qual) Manual
QJA22
C.Dec Manual
$7.80
QJA23
Log Book
$6.00
QJA25
QJA Pen
$1.00
QJA26
QJA Tie
$27.00
QJA27
QJA Lanyard with plastic card holder
$2.00
$6.00
$38.50 $109.00 $15.50
$4.00
Postage Stickers & Fabric Badge $0.50, Stamps $4.50 each Other Small Items $3.00, Large or Heavy Items $8.00 Two or More Large or Heavy Items $10.00 per order
TOTAL
$
IF ORDERING A STAMP OR NAME BADGE STATE THE NAME & QUALIFICATION & /OR DETAILS TO BE INSCRIBED ON THE STAMP/BADGE.
If ordering a polo shirt please indicate size(s) _______________________________________
DELIVERY DETAILS AND PAYMENT INFORMATION (Payment Must Be Received Before Goods Are Sent) Name : Postal Address : Town / Suburb :
State:
Postcode:
QJA Membership No: Please circle how you will pay - Credit Card - Cheque/Money Order Credit Card payment details - Visa & Mastercard only (AMEX and DINERS are not accepted) Card Number
_ _ _ _ / _ _ _ _ / _ _ __ /_ _ _ _
Expiry Date
__/__
Name on card: Signature: Post to The Registrar, QJA, PO Box 8419, Woolloongabba, Q, 4102 or fax to (07) 3392 2955 or email admin@qja.com.au Serving JPs & C.Decs throughout Queensland
15
16
Serving JPs & C.Decs throughout Queensland