VOLUME 8 • NUMBER 1 • aUtUMN 2011
VOLUME 8 NUMBER 1 AUTUMN 2011
INSIDE
THIS ISSUE INSIDE THIS ISSUE
22
3 3 2 66 3 7 768 7
89
8
9
9 15
13
16 15 19 16 20
INSIDE
Dramatic headlines as Queensland endures climatic extremes
QJA - ESTABLISHED IN 1918
Official Magazine of the Queensland Justices Association
VOLUME 8 NUMBER 1 AUTUMN 2011 Dramatic headlines headlines as endures climatic extremes Dramatic asQueensland Queensland endures climatic extremes
BOARD BOARDOF of DIRECTORS DIRECTORS Contact Information
THIS ISSUE
Contact Information PRESIDENT’S REPORT and NEWS IN BRIEF PRESIDENT’S REPORT BOARD of IN DIRECTORS and NEWS BRIEF Contact Information ROLLOF OF HONOUR HONOUR ROLL NEW MEMBERS & VALE NEW MEMBERS PRESIDENT’S REPORT and &NEWS VALEIN BRIEF REGIONAL ROUNDUP ROLL OF HONOUR REGIONAL LOGAN REFRESHER NEW MEMBERS & VALE ROUNDUP REGISTRATION FORM REGIONAL ROUNDUP LOGAN REFRESHER 2010 STATE CONFERENCE REGISTRATION Elder Abuse FORM LOGAN REFRESHER Interview of Minors Child Safety FORM REGISTRATION Mental Health MEMBER SURVEY STATE CONFERENCE 2010 MEMBERS Elder AbuseQUESTIONS AND ANSWERS Interview of Minors STATE CONFERENCE Child Safety Elder Abuse Mental Health Interviews of Minors REGIONAL CONTACTS Child Saftey Helpful Phone Numbers Mental Health MEMBERS QUESTIONS AND ANSWERS MEMBERS QUESTIONS AND ANSWERS REGIONAL CONTACTS Helpful Phone Numbers REGIONAL CONTACTS
On January 14th 2011 Premier Anna Bligh made this inspirational statement at a press conference which has been repeated oft-times as this climatic crisis bounced from bad to worse to bad. “As we2011 weepPremier for what we have lost, andthis as we grieve forstatement On On January 14th inspirational January 14th 2011 PremierAnna AnnaBligh Bligh made made this inspirational family andwhich friends werepeated confrontoft-times the challenge is at astatement press conference hasand been thisthat climatic at a press conference which has been repeatedasoft-times as crisis before us, I want us to remember who we are,” she said. bounced from bad to worse to bad. this climatic crisis bounced from bad to worse to bad. “As we weep what we have lost, andare as the we grieve forthey family and “We areforQueenslanders. We people breed “As we weep for what we have lost, and as we grieve for friends and we confront the challenge that is before us, I want us tough north of the border. We’re the ones that they to knock remember who we are,” she said. family and we confront the challenge that is down, and and friends we get up again. “Webefore are Queenslanders. Wetoare the people who they breed toughshe north of the us, I want us remember we are,” said. border. We’re the ones that they knock down, and we get up again. “I said earlier this week that this weather may break our “We areand Queenslanders. We aremay thebreak people breed “I said earlier this that this weather ourthey hearts, and it is hearts, itweek is doing that. doingtough that. north of the border. We’re the ones that they knock and we up again. “But will notget break our will.” “Butdown, it will it not break our will.” Our thoughts with all those Queenslanders QJA Members who have been “Iare said earlier thisthose weekQueenslanders that this and weather mayMembers break our Our thoughts are with all and QJA who affected byhearts, these devastating climatic over recent months across our and by it isthese doing that.extremes have been affected devastating climatic extremes over recent State. months across our State. “But it will not break our will.” Our thoughts are with all those Queenslanders and QJA Members who have been affected by these devastating climatic extremes over recent months across our State.
Helpful Phone Numbers
Serving Queensland’s Honorary Justices since 1918
1
Our Patron The Hon Paul de Jersey, AC, Chief Justice of Queensland
Board of Directors
PRESIDENT & CHAIRMAN OF THE BOARD Mr Ray Burrows JP (Qual)
Telephone (07) 3822 1366 Mobile 0409 499 016 Email ray.burrows@qja.com.au
VICE PRESIDENTS Mr Bob Pilkington JP (Qual) Immediate Past President
Telephone (07) 3812 1865 Mobile 0438 121 865 Email bob.pilkington@qja.com.au
Mrs Marian Vierveyzer JP (Qual)
Telephone (07) 3389 2481 Mobile 0415 418 320 Email marian.vierveyzer@qja.com.au
Mr Raymond Young OAM JP (Qual) Telephone (07) 4927 4155 Mobile 0405 624 648 Email ray.young@qja.com.au
DIRECTORS Mr John Gordon JP (Qual) Mobile: 0415 589 047 Email: john.gordon@qja.com.au
Mr David Read JP (Qual) Telephone: 4152 3318 (AH) Mobile: 0405 252 135 Email: dave.read@qja.com.au
Mr Keith Revell JP (Qual) Telephone: (07) 3803 4337 Mobile: 0411 134 841 Email: keith.revell@qja.com.au
Dr Tony Sahama JP (Qual) Mobile: 0412 453 433 Email: tony.sahama@qja.com.au
Mr Doug Hull JP (Qual) Telephone: (07) 4128 0294 Email: doug.hull@qja.com.au
Mr Christopher Porter JP(Qual) Mobile: 0419 148 189 Email: chris.porter@qja.com.au
QUEENSLAND JUSTICES ASSOCIATION - ACN 009 666 559 The Queensland Justices Association (QJA) is a non-profit public company limited by guarantee operating under the Corporations Act 2001 and is governed by a Board of Directors. Registered Office: Postal Address: Office Hours: Contact: Email: Website: Facebook Group: Registrar:
751 Stanley Street, Woolloongabba, Qld 4102. PO Box 8419, Woolloongabba, Qld 4102 Monday – Friday 8.30am to 4.30pm Free call: 1800 061 423 - Telephone: (07) 3392 2455 - Facsimile: (07) 3392 2955 admin@qja.com.au www.qja.com.au Queensland Justices Association Angela Yin BA (Journalism), GradDipSocAdmin, MHumanServ, Cert IV TAA, JP (Qual)
The QJA Journal is compiled by an Editorial Board on behalf of the QJA.
|
Editor Mr Keith Revell
The views expressed in articles & advertisements 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 to all material published in this Journal. No material may be copied or reproduced without the written consent of the QJA. All enquiries should be addressed to The Editor at editor@qja.com.au Printed by Zink Group, 48 Butterfly Drive, Kallangur. Phone 0437 777 079
2
Serving Queensland’s Honorary Justices since 1918
VOLUME 8 • NUMBER 1 • autumn 2011
President’s Report Dear Colleagues, Well it hasn’t been a very good start for 2011 with the floods and Cyclone Yasi with lots of people being affected including a number of our members. I would appreciate it if branches in the affected areas would provide as much assistance as possible to people requiring completion and witnessing of claim documents. Members who have lost paperwork and seals should either provide details to the JP Branch or through our State Office in Brisbane. Branches should be aware that the JP Branch has withdrawn the 30th of April JP Examination from the Magistrate’s Courts but have indicated that they will assist our students in accessing the JP Examination. To this end, it would be appreciated if branches would advise State Office if they intend to offer a course so the JP Branch can be alerted. As advised at the November Annual General Meeting, the Board has contracted Hall Payne Lawyers to rewrite the QJA Constitution and Branch By-Laws. We hope that this will be completed in May so that the new Constitution and By-Laws can be circulated before the next Annual General Meeting. I would like to introduce our new Director, Mr Chris Porter who will operate from Townsville and Cloncurry. To spread the areas of responsibilities I have allocated regions to the Directors. • Director Chris Porter will be responsible for the Northern Region from Townsville to Mt Isa and north to Cairns and other northern points. • Vice President Raymond Young OAM will be responsible for the Central Queensland Region from Townsville to Gladstone out to Emerald and Cloncurry. • Directors David Read and Doug Hull will be responsible for the Burnett Region from Gladstone to Gympie and west to Barcaldine
and South to Charleville. • Immediate Past President Bob Pilkington and Vice President Marian Vierveyzer will be responsible for the Southern Region from Redbank Plains west to Charleville and East to Wallangarra. • Directors Keith Revell, Tony Sahama and John Gordon supported by myself will be responsible for the South East Corner of the State from Coolangatta in the South to Gympie in the North, West to Nanango and down to Killarney. It is anticipated that the Gympie Branch will be running its Signing Centre in Gympie by early March and hopefully that Contact Groups/ Branches in Kingaroy and Cairns/Gordonvale will also be established. Unfortunately, State Office has been advised that our current Course 39215QLD will run out of accreditation in July 2011 and will not be reaccredited by the Department of Education and Training. State Office has been advised that the JP Branch has two new courses being processed by the Queensland Accreditation Council and details of how this will affect the QJA will be discussed at the first quarterly meeting with representations from the Department of Justice and Attorney General on Monday 7th March. The QJA will be running a Trainers Refresher Day at State Office on Saturday 26th March. Mr Dimitri Glianos has offered his services to bring trainers up to speed with what the JP Branch expects of them in relation to training. This does appear to be a very full on year.
Ray Burrows President
News in Brief State Conference 2011 - Noosa
attractive rates to use their facilities.
The 2011 State Conference is to be held for the first time on the Sunshine Coast at Noosa on Saturday 15th October. On the 5th February, the Noosa QJA Branch Organising Committee met with QJA Board Member Doug Hull and the Secretary of the Hervey Bay Branch Ron Just to discuss last year’s conference. Chairman of the Noosa Committee Peter BurbidgeKing said it was a most useful and detailed briefing and confirmed that our committee was moving in the right direction.
Post the meeting Doug and Ron toured the Conference venue, the “J” at Noosa Junction, a purpose built Entertainment and Conference Centre. Doug was most complimentary about the venue. He said, “This is the first time the conference will be held in a purpose built centre. The facilities look fabulous and will certainly help to make the Conference a great success.”
He went on to say that they had huge support from the Noosa membership and local community to host the conference. “We are well on the way in the planning stages with the venue booked, some very interesting speakers identified and potential sponsors already offering help,” Peter added. The Branch is hoping that they can attract QJA members and their spouses, partners from across the state to not only attend the Conference and post conference function but also to stay on and enjoy a day or two on this unique part of the Sunshine Coast. To that end local accommodation, dining and entertainment operators will be approached to seek their support for the conference by providing delegates with
Finally, Peter urges all QJA members to note this date in their diaries and join him and his team for what they hope to be not only a most informative Conference but also a unique experience in Noosa over a great weekend.
Flood Assistance The Department of Justice and Attorney-General JP Branch is offering support for flood affected JPs and C.Decs. Damien Mealey – Registrar and Manager JP Branch has confirmed they will re-issue certificates and seals free of charge to JPs and C.Decs who have been affected by the recent floods and cyclones. Contact the JP Branch on 1300-301-147 or email: jp@justice.qld.gov.au. Serving Queensland’s Honorary Justices since 1918
3
News in Brief Major updates to the QJA Website The QJA is pleased to announce the re-launch of its website with several new and enhanced features.
On this Registration page you will need to enter your Full Name, QJA Membership number (note this is your QJA Member number NOT your JP Registration number), email address, and your own password (make sure you write this down so you remember it when next you logon), then re-enter your password as confirmation. Then press the Register button. Your registration request is then sent to our office where your membership details and financial status are confirmed before releasing your access. This can take up to 24 hours depending on workload. Once you receive an email confirming your access has been granted you are then free to login to the Members area. In this Members Only area you will currently find released updates to the QJA Guide, and back issues of the Journal. Soon we will be adding more content, such as training videos, notices of legislation updates, etc. Plus we are in the process of planning the next stage of our website development which will provide the optional ability for members to maintain and correct their own personal details such as email address, phone numbers, etc. As well as this area dedicated Branch pages continue to grow in popularity with new pages on the drawing boards. We value your feedback so please send us an email and let us know what you think. Keep checking back into the Members Only area as new content will be released as soon as we are able.
Welcome Chris Porter While it may look similar to our previous version, under the hood this website provides a whole new meaning to interaction and membership access. The new website now has a Member Logon page, from here you will be able to access Member Only services, articles, features, and training material. Registration for this access is a simple two-step process. First you need to “Create an Account”. To do this you will notice on the right hand side of every page is a “QJA Members Menu”:At the bottom of this area you will see the text “Create an account”. Click on this text and a Registration page will be displayed.
The Board is pleased to announce the appointment of Christopher Stanley Porter (right) to the QJA Board as a Director to fill a casual vacancy in accordance with Section 16 of the QJA constitution. Chris originally hails from Bulawayo, Southern Rhodesia (Zimbabwe) but now resides in Kirwan, a suburb of Townsville (about 12 kms from the Townsville CBD). Chris was appointed a JP in 1988 - the same year he joined the QJA. Please join us in welcoming Chris to the Board.
New Regional Locations The Board has embarked on a programme of expansion in regional areas to bolster our Regional Network of Branches and Contact Groups. Several areas will be visited in coming months to meet with local QJA Members and JPs who are interested in coming together to form a Branch or Contact Group. In the immediate future meetings are being coordinated in Kingaroy and Gordonvale (near Cairns). If you are interested, or know someone locally who may be interested themselves in exploring the opportunity to form a local Branch or Contact Group with other like-minded JPs. Then please drop us a line and one of our Directors would be more than happy to discuss the opportunities and
4
Serving Queensland’s Honorary Justices since 1918
VOLUME 8 • NUMBER 1 • autumn 2011
News in Brief pay your local area a visit for discussions.
Honorary Lawyers to the QJA Hall Payne Lawyers will be assisting the Board with the review of the constitution and by-laws this year. Further information will be in the next issue of the Journal.
Visit with our Patron On Friday 11th February the QJA President, Vice-President and Registrar attended a meeting with the QJA Patron the Hon Paul de Jersey to discuss various QJA matters and to introduce our new Registrar.
Hall Payne Lawyers also offer the following services to QJA Members; • Complimentary attendance to the reasonable legal matters of the QJA, • A free will for QJA Members and their spouses, • A free interview with no time limit in relation to QJA Members legal issues, • A 10% discount for QJA Members on legal fees. Please refer below for contact information.
Left to Right: Raymond Young OAM QJA Vice-President, The Hon Paul de Jersey AC Chief Justice of Queensland and QJA Patron, Angela Yin QJA Registrar, and Ray Burrows QJA President and Chairman of the Board.
Board Elections this Year Pursuant to Section 15 of the QJA Constitution the Board of Directors must stand down and all positions on the Board must be open for nominations every two years. 2011 is the year for these elections. In the Winter issue of the Journal will be a nomination form for positions on the Board. All financial members, except associate members, are allowed to vote. The resumes of all candidates, the rules of voting, a voting paper, and an envelope in which to return your voting paper, will appear in the Spring journal. Voting papers can be posted, faxed or emailed and must be returned to the QJA State Office by 10.00am Thursday preceding the AGM in November.
Logan Refresher Workshop QJA International Women’s Day Luncheon 2011 - Tuesday, 8 March 2011 At the time of writing, we were busy organising the QJA International Women’s Day Luncheon. We would like to thank all those who responded to the initial market research campaign. We have not forgotten the women JPs in regional Queensland who responded they would like to have events in their local communities. The Board will consider the feasibility of these events in future years. We are very excited to run our first International Women’s Day event, particularly on the centenary of International Women’s Day. JPs have been around since the 14th Century; however the first woman to assume the office of JP in the world was Emily Murphy of Edmonton, Canada in 1916. There is very little information as to how equality in honorary justice was achieved though. The first female JP in Queensland was Nessie Florence, born in 1910. We will have more information in the next Journal.
Saturday21st 21stMay May2011 2011 Saturday 8:00am to 4:00pm Logan City Recreational & Sporting Club 4 Alba Lane, Kingston, (Off Jacaranda Avenue) Providing the latest up-to-date best practice procedures on performing your duties from experts in their field, this workshop provides a rare networking opportunity. Key Industry speakers present topics outlining critical aspects of being a JP and addressing issues impacting the role we perform. Topics to be covered include: Mental Health, Wills, Powers of Attorney, Domestic Violence and Peace & Good behaviour Summons, Multicultural Oaths in practice, plus more.
$35.00 (GST Inc) QJA Members receive a $10 discount includes Morning Tea, Lunch & Afternoon Tea Registration Form later in this Journal. For further information contact Keith Revell Phone: 07 3803 4337 • Email: logan@qja.com.au
Serving Queensland’s Honorary Justices since 1918
5
ROLL OF HONOUR Members should note that the Roll of Honour recognises the length of Membership of the QJA. Members wishing to receive the official distinguished service certificate as a Justice of the Peace for the State of Queensland should contact their local State Member of Parliament. Due to the large number of new and re-joining members recognition for years of membership of the QJA will be included in the next issue. We apologise for this inconvenience but rest assured you will be listed in the next issue.
WELCOME TO NEW MEMBERS The following have joined the Association since the last Journal: Adele Moore Adrian Mula Aileen Hinsch Alan Boatfield Aleisha Achilles Alfonso Dela Cruz Allan Gynther Allen Hassall Allison McHugh Amanda Gumley Andrej Skalina Andrew Webb Angela Simic Anita White Ann Gooding Ann Fordyce Anne Ross Anthony Medina Anthony Harris Anthony Hegarty Antonette Goli Ariel Heber Arthur Tealby Ashish Kumar Austin Hogan OAM Barbara Edwards Barry Aisthorpe Brenda Van-Vegchel Brendan Holland Brett Gleeson Brian Ireland Brian Wilson Bruce Boneham Calvin Ogilvie Carl Millichamp Carley Wagner Carly Burr Carol Richards Catherine Harding Cheryl Boneham Cheryl Bartley Christine Downs Christopher Williams Christopher Smith Coleen Gallagher Colin Portbury Colleen Crawford Corinne Ross Craig Noe Damien Aird
Daniel Whitmore Darryl Gutke David Cox Deborah Bristow Deborah Krebs Deborah Gilland Denis Mans Dennis Morson Derek Smith Desmond Maddison Di Bidstrup Diana Brell Dorothy Nichols Edward Frost Eileen Conley Elizabeth Packer Elizabeth Warburton Elizabeth McEwan Elizabeth Cheeseman Erica Demo Erika Jakob Eva Tyris Faye Chatham Francaise Tree Garrett Crabbe Geoffrey Hool Geoffrey Sexton Gerard O’Sullivan Graeme Willox Graeme Brown Graham Brighton Graham Priaulx Gregery Wilschefski Greville Day Haylee Kupe Hayley Rees Heather Newport Heather Robson Helen Pratt Helen McMahon Helen Dowling Helen Samios Henry Atkinson Howard Turner Ian Creed Ian Dill Ian Unicomb Ian Garvie Iris Crumpton Ismail Khan
Jaak Mardiste Jaimee Murden James Chorlton James McCann James Landsberg Janice Biggs Janice Starck Jeffrey Ray Jennifer Townend Jennifer Edwards Jenny Nuss Jessica Hextall Joan Rogers Joan Hinspeter John Harvey John Whitlock John Barfoot John Thomas John Crighton John Wiggins John Percey John Jay College Jonathon Forbe-Smith Josef Bucher Joseph Miu Judith Skalina Julie Allison Julie Brooker Justin Burgess Katie Blonskie Katrina Cosgrove Kay Higlett Kaye Corner Keith Campbell Kelly Morris Kelvin Brown OAM Kerri-Lee McAdam Kevin Turner Kevin Cairns Kia McDowall Kim-Maree Summers Kirsten Sullivan Kylie Newey Kyllie Blanch Laurence Pearl Lawrance Murray Leanne Steen Leilani Van Damme Leisa Christie Leonard Wenitong
VALE Rongowhakaata Tamatea Desmond Handlin 6
(Southport) (Robertson)
Serving Queensland’s Honorary Justices since 1918
1932-2011 1943-2010
Member since 1977 Member since 1978
Leonard Eldridge Leslie Pink Liane Kirwan Linda Cowen Lorraine Marsden Lorraine Peate Ludeen Stocks Luisa Snell Lynette Daff Manuel Gomez Maree Mazur Margaret Tinetti Margaret Neville Marie Kelly Marie Shaw Marilyn Knight Mark Portbury Mark Morton Martin Harmsworth Mary Lawson Matthew Wainwright Merle Pearson Merryl Johnstone Michael Goodrich Michael Hughes Michael Brown Miryam Caldarone Monique White Nathan Williams Neal Weston Neil Wicks Neil Rogers Neville MacDonald Neville Brown Neville Janke Nichola Egginton Nicole Lee Norman Hart Oi Roberts Olivia Otter Pamela Evans Pamela Cleland Paola Styles Patricia Russell Patricia Hobdell Patricia Hughes Patricia Curtis Patrick Mildren Paul Russell Paul Johnstone
Penelope Douglas Penelope Pascoe Peter Walsh Peter Patty Peter Gesch Peter Garrity Peter Wedgwood Rachael De Vere Rachel Poole Raelene Tihema Raymond Jones Raymond Greenwood Rebekah Davidson Renuka Pande Rob Burr Robert McDonald Roberta Shallis Robyn McBeth Rodger James Rodney Foale Roger Hounslow Ronald Stephenson Ronald Thompson Roslyn Mier Russell Renton Russell Steele Sam La Rocca Sam King Sarah Knox Scott Leonard Shane Doyle Shirley Bowman Sonya Bodger Steve Roberts Sue Forster Susan Wilson Susan Rose Tadeusz Cebula Terence O’Sullivan Tina-Maree Zohl Trevor Holmes Ursula Dux Vanda Pertzel Vanessa Quinlan Wendy Exelby Wendy Parley Yoke Chew Yvonne Clarke Yvonne Smart Zachary Grant
VOLUME 8 • NUMBER 1 • autumn 2011
Regional Roundup Signing Centres
arranged solely for USQ staff. The course attracted 20 students eager to join the ranks by becoming a JP(Qual).
Redland City Branch, Capalaba Park Signing Centre, from left to right, Michael Hart, Daniel Barham & Heidi Barham Students of the 39215QLD JP Course held at USQ Toowoomba with their Statements of Attendance. On Saturday 12th February, QJA Toowoomba Branch held their annual training workshop for members. With the success of last year’s event, 22 JPs attended for this 4 hour Professional Development workshop. This well patronised event provided up to date information regarding the new requirements relating to Family Law, the new operations of QCAT and the need to remain aware and vigilant when completing statutory documents. It was a very pleasant and enlightening day for all attendees.
Redland City Branch, Capalaba Park Signing Centre. Vice President Raymond Young OAM visits the signing centre. From Left to right, Jim Gable Branch Chairman, Linda Anderson Member, Ray Burrows Branch Secretary, Raymond Young OAM Vice President, Lynne Hardman Branch Secretary & Michael Hart Member
Special Offers for Queensland Justices Association members As a QJA member simply open a transaction account with a direct pay established to qualify for the following special offers: • 50% discount on Standard Variable home loan, Fixed Rate home loan, and Line of Credit application fees# • 0.15%pa discount on Standard Variable home loan and Living Equity line of credit interest rates • Nil application fee on personal loans* • 7.45%pa one year introductory rate on co-branded Visa Classic and Visa Gold cards+ • 0.1%pa above the carded rate^ on term deposits
Raise money for your association Commission payments are made to QJA when association members shift to Heritage. This means you can take advantage of Heritage’s great offers and help your association in the process. Your association receives:
Cleveland Court House, from left to right Raymond Young OAM, QJA Vice President, Mrs Cheryl Kelly Client and Ray Burrows QJA President providing a service to Mrs Kelly
• $330.00 for each home loan settled • $55.00 for each personal loan disbursed
Busy training in Toowoomba by Peter Boyes.
Well, by know we all are acutely aware the drought is well and truly in the past. Toowoomba members have been busy either making home repairs or helping their neighbours. The first QJA Toowoomba Branch operated course “39215QLD – Course in Preparation for Justices of the Peace (Qualified)” was held at the University of Southern Queensland. This was a bespoke course
• 20% monthly VISA commissions received • $11.00 for each transaction account opened with a direct pay credit established, i.e. payroll credit, pension credit or superannuation credit
To find out more Visit your local branch 13 14 22 www.heritageonline.com.au
Offers are only available to applications lodged in Heritage branches. You should read the guides to Heritage products (available in branch, by phoning 13 14 22 or at www.heritageonline.com.au) before you decide whether any of these products are right for you. All loans subject to application and approval, fees, charges and conditions apply. #Application fee on home loan usually $600. *Application fee on personal loans normally $105. +At the end of the 12 month period interest rate reverts back to standard rate, currently 16.25%pa. Available on Visa Classic and Visa Gold, excludes no frills products. ^The 0.1%pa term deposit offer applies to the current carded rates and excludes the Hot Term Deposit rates. Information correct as at 05 Mayl 2010 and subject to change without notice. Heritage Building Society Limited. ABN 32 087 652 024 AFS Licence No. 240984 DMS|HBS 1005012C
Serving Queensland’s Honorary Justices since 1918
7
REFRESHER WORKSHOP REGISTRATION Hosted by Logan Branch Saturday 21st May 2011 8:15am registration for 8:45am start to 4:00pm Venue – Logan City Recreational & Sporting Club 4 Alba Lane, Kingston, (Off Jacaranda Avenue) Cost:
$25.00 Members ( $35.00 Non Members )
GST inc
Includes: Materials, Morning Tea, Lunch & Afternoon Tea
_____________________________________________________________________________
PARTICIPANT DETAILS – (One form per person registering) Name:
….……………………………………….………….……. QJA Member No…….………………
Address:
………………………………………………………………………………………………………....
…………………………………………………………..……………………………………….…...
Contact Phones: ……………………………………………………………………………..………………….…. Any special dietary requirements?
…..……..………………………………………………………………….
_____________________________________________________________________________
PAYMENT INFORMATION – (Please tick payment method) I have enclosed a Cheque for $ _________________ I will pay $ ____________ by Visa / MasterCard (circle one), details below. Credit Card No:
__ __ __ __ / __ __ __ __ / __ __ __ __ / __ __ __ __
Card Expiry date: __ __ / __ __
Cardholder’s name: __________________________
Direct Debit to BSB 638-070 A/C No. 1194 3394 Please include your QJA member number in the reference field Follow this with an email to logan@qja.com.au to advise payment has been completed.
Signature: …………………………………………………..…
Date ………………..………………….
_____________________________________________________________________________ POST or EMAIL REGISTRATION FORM TO: The QJA Logan Branch, 31 Heritage Blvd, Heritage Park Qld 4118 : logan@qja.com.au For further details contact Keith Revell on 07 3803 4337 or 0411 134 841 or keith.revell@qja.com.au
8
Serving Queensland’s Honorary Justices since 1918
VOLUME 8 • NUMBER 1 • autumn 2011
QJA Member Survey March 2011
Queensland Justices Association will be undergoing a strategic planning process in 2011. The purpose of this survey is to obtain input from our members about the direction of the Association in the next five years. We would appreciate your taking some time to complete this survey and returning it to us by Friday, 29 April 2011. Please post to QJA Member Survey Responses, PO Box 8419, Woolloongabba Qld 4102 or email to admin@qja.com.au or fax to (07) 3392 2455.
Evaluation Scale: (4) Excellent (3) Good (2) Fair (1) Poor Overall experience of being a QJA member 4 3 2 1
What are your thoughts about the QJA Journal? Content Frequency
4 3 2 1 4 3 2 1
Have you attended an Annual State Conference? � Yes � No If yes, what are your thoughts about the Annual State Conferences you have attended? Value Venue Speakers Format
4 3 2 1 4 3 2 1 4 3 2 1 4 3 2 1
1
Serving Queensland’s Honorary Justices since 1918
If no, please tick the one most relevant � They have not been held in locations convenient to me � I always seem to be busy on that Saturday! � I am not that active as a JP, and I am just not that committed to attending an all‐day Conference � I just have not thought about it � The cost is a consideration � Other__________________________________________________________________ Have you attended a Refresher Seminar, Workshop or any other Professional Development activity? � Yes � No If yes, what are your thoughts about the activity you have attended? Value Venue Speakers Format
4 3 2 1 4 3 2 1 4 3 2 1 4 3 2 1
If no, please tick the one most relevant � They have not been held in locations convenient to me � I always seem to be busy on that Saturday! � I am not that active as a JP, and I am just not that committed to attending an all‐day Activity � I just have not thought about it � The cost is a consideration � Other_______________________________________________________________________ Are you involved in your local branch network? � Yes � No
If yes, how do you rate your overall experience?
4 3 2 1
If no, please tick the one most relevant � I did not know I could be involved in a branch and not sure what it is about � I do not have time to be involved in a branch � Other_______________________________________________________________________ 2
Serving Queensland’s Honorary Justices since 1918
VOLUME 8 • NUMBER 1 • autumn 2011
State Office staff – either over the phone, via email, written correspondence or in person Staff are friendly and helpful
4 3 2 1
Prompt response to inquiries
4 3 2 1
4 3 2 1
Board of Directors
Directors are open and accountable
Approachable and easy to contact with JP queries
4 3 2 1
The Guide to JP Practice in Queensland
How would you rate The Guide overall? 4 3 2 1 4 3 2 1 I receive my Updates promptly Suggestions for further updates____________________________________________________ Merchandise How would you rate the range of merchandise overall? 4 3 2 1 Is the merchandise good value? 4 3 2 1 Suggestions for standard merchandise_______________________________________________
QJA Partnerships with Heritage Building Society, Hall Payne Lawyers and Hertz
Have you taken advantage of the offers available with the above companies through their alliance with the QJA? � Yes � No If yes, which Partnership was it? � Heritage Building Society � Hall Payne Lawyers � Hertz
3
Serving Queensland’s Honorary Justices since 1918
How would you rate your satisfaction with the product/service? 4 3 2 1 If no, please tick the one most relevant. � I have not yet had occasion to access those particular services � There was a better deal elsewhere, even without the alliance � I have not thought about it to ask Website How would you rate our new website overall? 4 3 2 1 4 3 2 1 The website contains all the information I need Suggestions for an improved website_________________________________________________ Your network Have you ever recommended any other non‐member JPs to become members of the QJA? � Yes � No � I do not know any other JPs Did they become members as a result of your recommendation? � Yes � No � I don’t know Lobbying and Advocacy Are there any particular issues that you feel the Association should lobby the Government, business or other stakeholders about? _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Other comments/suggestions _________________________________________________________________________________ _________________________________________________________________________________
Thank You for your contribution. 4
Serving Queensland’s Honorary Justices since 1918
VOLUME 8 • NUMBER 1 • autumn 2011
2010 State Conference Elder Abuse
would be aware, an individual in the early stages of dementia may be completely lucid at certain times, but confused at others. Suffice to say that people with impaired capacity are especially vulnerable, and hence, require special protection from abuse, neglect and exploitation. This has already been recognised through the State’s Guardianship regime, although this was developed for the benefit of adults with impaired capacity, and not older people in general. What is Elder Abuse? The concept of elder abuse, while widely understood in the community, is disparate in that no universal definition exists. Generally, elder abuse involves all types of mistreatment or abusive behaviour towards older people. Some situations are easily identified as “abusive”. In others, the distinction between financial abuse, ignorance and an “unwise decision” or an “exchange for care” may not be so clear.
Mr Derek Butler, a partner at Bell Dixon Butler Lawyers. The abuse, neglect and exploitation of older Queenslanders is a significant problem at all levels of society. There is a growing recognition that the abuse of older persons, whether physical, sexual, financial, psychological, or through neglect, is a fundamental human rights concern. It is one which has serious personal, economic and social ramifications for both individuals and the community. Older persons whose decision making is impaired are particularly vulnerable. The consequences of abuse are often devastating. Elder abuse is both wide spread and under reported. Within the next 50 years persons over the age of 65 will make up one quarter of the nation’s population. Hence the need for consideration of this complex issue. In 2007, 12% of Queensland’s population was aged 65 and over. Projections suggest that by 2056, 23% of Queensland’s population will be aged 65 and over.
The “Australia Network for the Prevention of Elder Abuse” defines elder abuse as any act occurring within a relationship where there is an implication of trust, which results in harm to an older person. Abuse can be physical, sexual, financial, sociological, or neglect. Conservative estimates put the size of the problem of financial abuse against the elderly at $14 million per annum in Queensland. That is one government figure. I do not accept it. I suggest that is a gross under estimation. More realistic figures are well over $1 billion per annum. In the 2007/2008 financial year, the elder abuse and prevention unit received reports that over $40 million was inappropriately obtained from older Queenslanders through financial abuse. If one considers the gross level of under reporting of abuse … the connection to a much larger figure is easily comprehended. Financial abuse may include:
• Inappropriate activity by an attorney in violation of their powers, duties and responsibilities under an enduring power of attorney.
• General misappropriation of money, valuables or assets.
• Forging signatures on cheques.
At its most simplistic, there appears to be at least three distinct categories of older people:
• Signatures on cheques due to threats (forced) or deception (unforced).
• Denial of access to personal assets.
1. people who are independent and physically attend to their own needs.
• Accessing a vulnerable person’s funds electronically through acquisition of PIN’s and passwords.
2. people who do not have impaired mental capacity, but due to physical frailty or impairment are dependent on others to meet their needs, whether for daily living activities, assistance in managing financial affairs, or companionship.
• Forced or unauthorised changes to legal documents.
Hand in hand with this increase is the fact that as a sector of our population, a higher proportion of older people are likely to develop impaired decision making capacity.
3. people who have impaired mental capacity and who may or may not also be physically frail or impaired, who are likely to be the most vulnerable
As many justices and solicitors are aware, a complicating factor is the nature of capacity. A person may have capacity for some matters and not for others. A person’s level of capacity may also fluctuate. As many
The Queensland Guardianship regime is limited to protection of adults with impaired capacity, but does not provide protection for older people who have capacity, but who may nevertheless be vulnerable to abuse. We can all be thankful that most attorneys do manage their principal’s assets appropriately and responsibly. However, there are no mandatory reporting requirements in Australia obliging financial institutions to report financial abuse, or suspected financial abuse, and nor is there a requirement for enduring powers of attorney for the elderly to be registered in Queensland.
Serving Queensland’s Honorary Justices since 1918
13
2010 State Conference In the case of older people who lead an isolated life, and who have limited support networks, it is easy for the misuse of enduring powers of attorney to occur undetected. In the absence of requirements for enduring powers of attorney to be registered and monitored, no accountability mechanisms to monitor the activities of attorneys presently exist.
many older persons generally have capacity and intellectual maturity. Also, the age at which they become vulnerable to abuse is highly debateable and variable. Nevertheless, it is fair to say that elder abuse does not receive the same level of attention as the abuse of other vulnerable groups.
Queensland’s Criminal Law makes some provision for the situation of elder abuse through creating offences for physical and sexual assaults, neglect and domestic violence. However no specific offence of elder abuse currently exists in the Queensland Criminal Code.
Interview of Minors
In summary, Queensland’s Criminal Law does not encompass any specific offences relating to the abuse, neglect or exploitation of the elderly. In contrast, special provisions are included for other groups of vulnerable people, such as children, and people with intellectual impairment. Although controversial, the question could be asked about whether the vulnerability of older persons is not viewed as seriously as that of other groups. To a concerned observer it could be viewed that there is a lower moral stigma attached. As ever, there are problems with access to justice. Some barriers for older persons include:
• Having funds to pay for legal fees. In particular, civil actions can generally be expensive and time consuming.
• The stress and humiliation of implicating family members in a legal process through civil or criminal action, particularly where a person is dependent upon family members for accommodation, care and ongoing support.
• Some older persons with impaired capacity may be unable, as a result of their condition or social isolation, to access legal services without support. Further, lack of capacity may render it difficult for them to identify abuse.
• Many older people have feelings of shame and guilt, or fear retribution from the perpetrator if they attempt to end the abuse.
• Concerns about declining health and well being, particularly where litigation is likely to be lengthy, are a very real. Few of us here under estimate the stress that legal proceedings can cause.
Role of the CPIU CPIU undertakes the investigation of offences committed by or against children. Includes incidents of child deaths, child abuse, sexual assaults and other related serious criminal offences. A growing area of concern is the growth of child exploitation material which has increased exponentially over the past few years. CPIU deals with the:
• Cautioning of children
• Referral of children to Youth Justice Conferences
Successful investigations are achieved by the gathering of evidence:
• Some older persons are physically unable to attend a legal service provider.
• by way of recorded S93A interviews (disclosures) using CD’s and DVD’s.
• The level of proof required to secure a conviction or finding is often beyond the events available. This is particularly the case where the only person who is witness to the abuse is the older person. In civil cases the risk of costs orders can also be prohibitive.
• through physical and forensic evidence using Search Warrants.
These impediments re-enforce the urgent need for law reform to develop and implement appropriate preventions So, what are the Conclusions? The increasing incidence and detection of elder abuse in Queensland suggests the state’s criminal laws may not provide adequate deterrence against physical or psychological harm, or against financial exploitations. Queensland law does not criminalise the abuse of older people in the same way as the abuse of other vulnerable minorities, such as children, or the intellectually impaired. An historical explanation may be that 14
Detective Sergeant David Guild. Officer in Charge of the Maryborough District Child Protection Investigation Unit (CPIU).
Serving Queensland’s Honorary Justices since 1918
• By using other specialist units – Scenes of Crime, Forensic Computer Examination Unit Dependent on the nature of the investigation and type of offence determines as to what action if any is taken against the offender. For example:
• Adult offenders can be by way of Arrest, Notice to Appear and Warrant
• For Child offenders there are a multiple of options under Youth Justices Act 1992 for commencement of proceedings:
• Take no action
• Administer official caution
VOLUME 8 • NUMBER 1 • autumn 2011
2010 State Conference
• Refer to Youth Justice Conference
• Commence proceedings – Notice to Appear or Arrest
• Behavioural counselling also conducted usually where children are under the age of criminal responsibility (under 10 years)
they have been advised they have the opportunity to contact a friend or lawyer.
Interviewing of children and admissions obtained are paramount in any investigation
• YOU personally should not be impaired i.e. under influence of liquor or drug or illiterate etc. and not be in any way connected to the complaint in question.
These admissions must be obtained lawfully and in accordance with legislative requirements and QPS policy and ideally they must be electronically recorded.
• Establish the ability of the child to understand questions and what is occurring. (e.g. Education standard of education, read and write).
• Ascertain from Police what offences are being investigated or other reason for the interview.
• The child should not be interviewed when not in full possession of their faculties either from tiredness, injury or the effects of drugs and alcohol.
Role of the JP The Police Powers and Responsibilities Act 2000 (PPRA 2000) contains safeguards to be followed when interviewing children and these includes provisions for ‘support persons’ to be present. (There are further safeguards for children identifying as being Aboriginal or Torres Strait Islander).
You need to explain to the child that:
• You are present to explain to them matters that they may not understand.
• That if they wish legal advice that you will see that a solicitor is called on their behalf.
• That they have the right to answer questions or remain silent and,
• They are not obliged to take part in the identification of exhibits.
Definition of support person:
i.
a parent or guardian of the child; or
ii.
a lawyer acting for the child; or
iii. a person acting for the child who is employed by an agency whose primary purpose is to provide legal services; or
iv. an adult relative or friend of the child who is acceptable to the child; or
v. if the child is an Aborigine or a Torres Strait Islander and no-one mentioned in subparagraphs (i) to (iv) is available–a person whose name is included in the list of support persons and interpreters; or
vi. if no-one mentioned in subparagraphs (i) to (v) is available–a JP(Qual) may be called upon, other than a JP(Qual) who is a member of the Queensland Police Service or a JP(C.Dec).
QPS Form 36 is the Information for a support person in a child interview, this is one of the most important forms Police have with regard to interviewing children and it outlines the JPs role in the interview and what is expected of you during the interview. As an investigator I would expect that the interviewing officer would ask whether you have received and understand the contents of this form. In a subsequent court case you may be called to answer whether you had received and understood the form. Prior to commencement of interview you need to:
• Ascertain the identity of the person involved, and why they are there.
• If you cannot be impartial and objective do not take part in interview.
• Ascertain if the parents have been advised and why they are not present.
• It is essential that you speak to the child in private, satisfy yourself that you can act impartially and that they can understand you and know what is about to take place.
• Ascertain if they have any issue with you being present and if
During the interview, and prior to the interview, you should:
• Ensure that the child is not overborne by means of any threat, intimidation, oppression, promises or inducements.
• If you think that the child needs a question/word explained let the investigator know.
During the interview once the ‘Warning’ is applied you should satisfy yourself that the child understands their rights:
•
Not to take part in interview
•
That they can answer all questions
•
They can answer some and ignore others
• That while they may take part in an interview they don’t have to answer any questions
The “Warning” (or part of it) is: “Before I ask you any questions I must tell you, you have the right to remain silent. This means you do not have to say anything or answer any questions or make any statement unless you wish to do so. However if you do say something or make any statement it may later be used in evidence. Do you understand this warning?” At the conclusion of the interview we need to:
• Ensure the child receives a copy of the interview whether electronic or written.
• If the interview had to be a written record that you read it and initial each page and that it is read aloud to or by the child and that any changes are noted.
As an example a court case in 2009 in Mt Isa was thrown out because the Serving Queensland’s Honorary Justices since 1918
15
2010 STATE CONFERENCE interview was not admissible for simple reasons: the JP was not provided the Support Persons Form, the warning was not explained to the child, The JP didn’t speak to the child prior to the interview, and the child didn’t even know what a lawyer was. The Section 93a Evidence Act interview
The Child Protection continuum is a community response ranging from prevention strategies, early intervention and intervention programs. Not all concerns or allegations received about harm or risk of harm will result in Departmental intervention. Departmental resources are focused at the highest risk end of the continuum.
These interviews are conducted in special “home like” friendly rooms with child witnesses to offences. Primarily these are victims of sexual or physical abuse. Independent persons are very rarely utilised, but may on occasions be requested by the family if they are unable to be present themselves (they may themselves be witnesses). However these interviews are usually one on one.
The threshold for recording notification requires that there are allegations of harm or risk of harm to a child, and a reasonable suspicion that the child is in need of protection.
Police will ensure that the nominated support person understands that:
The Department has tools that assist in identifying the critical decisions which child safety officers need to make throughout the work with a child and family. This diagram provides a birds eye view of the critical decision making points and the various tools used at each one.
•
they will be a witness in any subsequent proceeding and will be required to supply a statement.
•
they will have to sit behind or out of view of the child.
•
they will not be able to talk to, touch or prompt the child at anytime either verbally or non-verbally.
•
they will not be able to answer questions or provide information in response to any of the discussions, unless directly asked.
•
any disclosure made by the child may be of an explicit or sexual nature and they should be prepared for such material or exclude themselves prior to commencement.
Harm in this context refers to any detrimental effect of a significant or detrimental nature on the child’s physical, psychological or emotional well-being.
The boxes on the left depict the 6 key decision points that the methodology addresses, alongside the assessment tools that have been developed.
When interviewing children in these matters they can be quite disturbing, and the support person has to remain very passive at all times. Remember when investigators call you to assist in these matters – you are there for the child and to take care of their best interests.
Child Safety Documents
For example when a referral is received the child safety worker uses the Screening Criteria tool to form the decision whether to record a notification and to conduct an investigation and assessment. When the decision is made that an investigation and assessment will occur, the next step is to determine how quickly to respond. The Response Priority tool guides this decision.
Ms Camilla Stiles, Department of Child Safety discussed the Preparation and Execution of Child Safety Documents and provided an overview of the Maryborough Child Safety Service Centre. The Department of Communities (Child Safety Services) is the Queensland Government’s lead agency for child protection and adoption services. We protect children and young people who have been harmed or who are at risk of being harmed, and secure their future safety and well-being.
16
Serving Queensland’s Honorary Justices since 1918
When an investigation and assessment is commenced and the child has remained at home a safety assessment is completed to guide the determination whether the child can remain living at home safely. At the conclusion of the investigation and assessment, the family risk evaluation tool identifies the likelihood of future harm occurring to the child in the family household. This tool guides the decision about which cases to close after investigation and which cases to open for ongoing intervention services. When the case plan is reviewed the reunification assessment guides decisions about whether to continue to provide ongoing intervention services or close a case. For a child living in out-of-home care the tool guides the decision about whether reunification continues to be the goal of the case plan or whether the goal should change to long term out-ofhome care.
VOLUME 8 • NUMBER 1 • autumn 2011
2010 State Conference Determining the need for ongoing intervention. Following the completion of an investigation and assessment, a decision will be made about the need for departmental intervention to provide support and assistance to the family to reduce risk to a child, or intervention to ensure that the child’s protection and care needs are met. In making the decision about the type of ongoing intervention, the following factors will be taken into consideration:
• the assessed level of risk for the child (this will include the outcome of the most recent safety assessment and family risk evaluation).
• whether the child has been assessed as being in need of protection; and,
• whether the parents are able and willing to work with the department to meet the child’s protection and care needs.
The legislation that underpins the Department’s daily work is the Child Protection Act 1999 (“the Act”). The Purpose of the Act The purpose of the Act is to provide for the protection of children. This legislation will be undergoing some significant changes over the next twelve months. The Principles of the Act The principles of the Act are outlined at section 5 which states:
people of the case against them or their interests, giving them a right to be heard not having a personal interest in the outcome, and acting on the basis of logically probative evidence. Child Protection Orders. This is the part which is most relevant to JPs in the process of swearing Affidavits in relation to family orders. There are a number of child protection orders. The first is the Temporary Assessment Order. JPs do not necessarily see these as they are temporary orders which allow the Department to order an assessment. These are utilised when the Department cannot obtain parental consent and there is an immediate risk to children. These are valid for 3 days and can be extended for up to 28 days from the order. The main ones a JP would see are the Affidavits related to the Custody or Guardianship Order. These are only short term, up to a period 2 years. Another type of Order is Supervision Order, where a child can be supervised at home. Directive Orders are where the Department asks the court to instruct the parent to do something or refrain from doing something, and in relation to contact. Custody gives the caregiver the right & responsibility to make decisions about the child’s daily care needs. Guardianship remains with the parents, who retain the right & responsibility to make long term decisions about the child’s welfare. For example, changing schools, participating in high risk activities, undergoing invasive medical procedures. Guardianship orders can be up to two years or long term, or until the child turns 18.
• This Act is to be administered under the principle that the welfare and best interests of a child are paramount;
•
• Families have the primary responsibility for the upbringing, protection and development of their children;
• The preferred way of ensuring a child’s wellbeing is through the support of the child’s family;
• Powers conferred under this Act should be exercised in a way that is open, fair and respects the rights of people affected by their exercise;
With these forms we always need an Affidavit which has to be sworn or affirmed before a JP. We also need to develop a case plan which is presented to the court. These plans are developed with the family.
• If a child does not have a parent willing and able to protect the child, the state must take action, but only that action warranted to ensure the child’s protection;
Ongoing interaction with the family is through a process of Case Management which is reviewed periodically.
• If a child is removed from their family, it is the aim of authorised officers to work with the family to safely reunify the child if possible;
• A child should be kept informed of matters affecting him or her in a way and to the extent that is appropriate.
• If a child is able to form and express views about his or her care, the views must be given consideration, taking into account the child’s age or ability to understand; and,
• If a child does not have a parent willing or able to give the child ongoing protection, the child has a right to long-term alternative care.
Every child has a right to protection from harm;
When Applying for a Child Protection Order these are the basic forms required,
•
Form 10 – Application for a Child Protection Order;
•
Form 11 – Application to Extend a Child Protection Order;
• Form 12 – Application to Revoke and Make a New Child Protection Order.
Mental Health Mental Health delegate for Fraser Coast Alice Newberry, and Authorised Mental Health Practitioner Peter Cairns.
Natural Justice and/or Procedural Fairness. The rules of natural justice, also known as procedural fairness, have been developed to ensure that decision making is fair and reasonable. Natural justice is a legal requirement that applies to government decision making. Put simply, natural justice involves decision-makers informing Serving Queensland’s Honorary Justices since 1918
17
2010 State Conference The focus today will be on the Application for a Justice Examination Order (JEO) not the JEO Order. The application for a JEO is issued under section 27 of the Mental Health Act. By way of background the Mental Health Act 2000 (MHA) commenced 28th February 2002 and it replaced the Mental Health Act 1974. The MHA contains provisions to initiate involuntary assessment and authorise involuntary treatment for patients who may be suffering from a mental illness. There are independent reviews of involuntary treatment admissions. The MHA also has processes for admission of mentally ill offenders from court or from custody. If a person is admitted to the local Authorised Mental Health Service (AMHS) there are decisions about criminal responsibility where the person has a mental illness or intellectual disability. These are by assessment and psychiatric reports to determine their mental illness at the time they may have offended.
•
• Any immediate fears or concerns the applicant has about the person’s behaviour
The reasons why the applicant is seeking a JEO at this time
•
Whether the person has a history of mental illness
•
Details of current or past treatment
•
Name of the person’s doctor
•
Other actions which have been taken to get help for the person
• Name of any other person who may be able to assist the person to see a doctor of AMHP
The following should also be asked to be stated on the application – this is to allow the doctor or authorised mental health practitioner to determine risk and if police assistance is required.
•
The Mental Health Service is not about detaining people it is about providing health care. There are 23 Authorised Mental Health Services across Queensland. There is a Mental Health Delegate within each Authorised Mental Health Service.
• Any aspects of the person’s behaviour which place the person’s safety or the safety of others at risk
• Any previous aggressive or assaultive behaviour you are aware of
Justice Examination Order (JEO).
• Any information known about the person’s possession of firearms or other weapons
It allows a community member to gain a non-urgent mental health assessment for a person who may be experiencing mental health problems. There is another avenue if you believe the matter is urgent. The Police and Ambulance have the ability to raise an emergency examination order, which must be actioned within 6 hours. It is a two Step Process Application for JEO is completed by the applicant, and is issued by a Magistrate or Justice of the Peace (JP). 95% of JEO’s are issued by JPs. Once the JEO has been issued it allows for a doctor or Authorised Mental Health Practitioner (AMHP) -appointed under the Mental Health Act, to examine the person involuntarily. A JEO is an appropriate option in non-urgent situations, any person can make an Application for a JEO, including a relative of the person to be examined. It authorises entry to a place to conduct the examination, if necessary, and is valid for up to a period of seven days. At all times during the assessment or treatment the Doctor (or AMHP) must explain to the patient, the JEO order, the involuntary process, and their rights as a patient. The patient may appoint an “Allied Person” who can provide support to the patient. The application itself is not made available to the person What information should be on the application? The information provided on the application is used by the JP or Magistrate to decide whether a JEO should be issued.
18
person
• The relationship of the applicant to the person who is to be examined.
• The reasons for believing a JEO should be issued
• Details of behaviour and length of time the problem has been occurring
•
• Whether other people have the same concerns about the
Other matters causing concern
Serving Queensland’s Honorary Justices since 1918
Potential difficulties gaining access to the person
What happens after the JEO is issued? The JP must send the JEO Order and a copy of the Application to the administrator of the local AMHS, and a copy of the order must be sent to the Registrar of the Magistrates Court stated in the order. JEO documents can be faxed to the AMHS and original of the order and copy of the application forwarded in the mail. It is important that these documents are dealt with quickly as the seven days is not business days and time can be lost very easily if there is a delay forwarding these document to the AMHS. First process when received is to confirm that it meets the requirements of the Mental Health Act, eg. Signed dated, sworn by JP etc. It is then passed to the clinical team for action. The Clinical Assessment and Examination The role of the Authorised Mental Health Practitioner (AMHP) is to perform the assessments under the Mental Health Act. When the JEO is received the AMHP reviews the application and looks to see what indicators point to a mental illness. The AMHP reviews the risk issues, risks to the patient and/or the visiting AMHP. The AMHP will then talk to the applicant to determine whether there are other issues that may be influencing the application. The patient is then invited to attend the assessment and the majority are willing to attend once the assessment process is explained to them. The patient is also invited to bring a friend or support person along. The AMHP then looks for any medical or psychiatric history, are they on any medications, do they have any other health issues that may impact upon their mental health at the time. Following an extensive assessment of the patient the treatment options are explored, either voluntary in the community or involuntary. It is then signed off by the AHMP and hands over to the treatment centres.
VOLUME 8 • NUMBER 1 • autumn 2011
MEMBERS’ QUESTIONS AND ANSWERS Q(1) On a recent occasion a person attended the Signing Centre with a Land Transfer Form 1 to be processed. Among the evidence presented was a Brisbane City Council Rates Notice and I noticed that it did not have the Real Property details such as Lot Number and Registered Plan number, it only contained the person’s name and property address. Fortunately the deponent did have other documents to clarify the situation. If they had arrived with only the Rates Notice there is no way that I could have tied it to the Land Transfer Document, so what to do? I cannot recall having seen rate notices from other local authorities that do not include the address and real property description. A(1). The Brisbane City Council Rate Notice does have the Property Details on page three of the four page document. A sample section of that page has been included below. The person presenting with only a rate notice would be required to bring all of the original rate notice. Property Details Owner Property Location Real Property Description Valuation effective from Average Rateable Valuation (A R V) Account Details
Mr John Leonard Someone & Mrs Fredrika Ann Someone 21 Somewhere Street Someplace Lot 45 RP xxxxx Par Brisbane 1 Jul 2008 1 Jul 2009 1 Jul 2010
Account Number
Q(2). A deponent presented a land transfer document for witnessing, she was one of three required to sign and among her documents was a Certificate of Title recently issued. One of the signatories, who had already signed the document, said that the JP who witnessed his signature told him that the Certificate of Title must not be more than 24 hours old at the time of signing. Is this correct? Is there an age limit on such documents? A(2) No there is no age limit on a Certificate of Title. The document should however be a current document identifying the names of the persons holding an interest in the property and should identity the lot number, RP or SP plan number, parish and property serial number. Persons transferring the property should also be able to provide suitable evidence as to who they are. Q(3) There has been a lot of debate regarding the presentation of witness certificates by some financial institutions for a JP to sign. What is the QJA’s position on these documents should I sign them or not? A(3) After numerous consultations with various parties the QJA Board recommends that members should not sign these certificates. There are too many unresolved questions regarding potential liability on the JP. It is very clear in the ACT that this
is a financial institutions responsibility – NOT a JP’s. We have also noticed some financial institutions quoting the Land Title Act on these witness certificates. Please be aware that the Land Title Act has no bearing on these certificate at all. The following notice can be reproduced and handed to the client explaining our position. ANTI-MONEY LAUNDERING AND COUNTER TERRORISM FINANCING ACT 2006 The Anti-Money Laundering & Counter Terrorism Financing Act 2006 (AML ACT) regulates financial services and transactions in a way that is designed to detect and prevent money laundering and terrorism financing. Under the AML ACT financial institutions (reporting identities) are required to:
• V erify your identity before providing services to you, and to re-identify you if they consider it necessary to do so.
• Where you supply documentation relating to your identity (i.e. certified copies of drivers licence, passport etc.), keep a record of this documentation for seven (7) years after the end of your relationship with the institution.
The AML Act does not allow for a third party (i.e. JPs) to act as an agent for the financial institution and complete the Identification verification on their behalf. Whilst JPs will endeavour to assist you in witnessing your documentation, and certifying copies of documents, they are unable to comply with the financial institutions request to complete the witness certificate. Financial institutions have certain reporting obligations under the AML Act and are prevented from informing you that any such reporting has taken place. Where required by law they may disclose your information to regulatory or law enforcement agencies, including the Australian Transaction Reports and Analysis Centre (AUSTRAC), which is responsible for regulating the AML Act.
Merchandise Due to space restrictions the Merchandise page has been removed from this issue of the Journal. The Merchandise order form is still available on the Merchandise page of the QJA website, or by contacting State Office. Remember when completing the Merchandise Order Form to include the postage and handling fee and ensure your details are included if ordering a personalised stamp. Please note that item QJA21- Department of Justice JP (Qual) Handbook is no longer available from the QJA. This can be ordered directly from the Forms and Publications page of the JP Branch website. Look for the JP Publications Order Form.
Serving Queensland’s Honorary Justices since 1918
19
REGIONAL CONTACT INFORMATION BEAUDESERT CONTACT GROUP VALMAI MACAULAY beaudesert@qja.com.au
INNER NORTH BRISBANE BRANCH John Carpendale inb@qja.com.au
ROCKHAMPTON BRANCH JANE COMOLLATTI rockhampton@qja.com.au
BUNDABERG BRANCH DAVID DEMPSTER bundaberg@qja.com.au
IPSWICH BRANCH Stephanie Payne ipswich@qja.com.au
SOUTH PINE BRANCH PHYLLIS HALL southpine@qja.com.au
CAIRNS CONTACT GROUP Annmaree Luther cairns@qja.com.au
LOGANHOLME CONTACT GROUP JOHN BAILEY loganholme@qja.com.au
Tin Can Bay Contact Group Janine Heyer gympie@qja.com.au Telephone: 0407 765 398
CALOUNDRA BRANCH IRENE WHITE caloundra@qja.com.au
TOOWOOMBA BRANCH RUTH ROCHE toowoomba@qja.com.au
Telephone: 07 5439 7387
LOGAN BRANCH Helen Townes logan@qja.com.au
Telephone: 07 3800 0505
FOREST LAKE CONTACT GROUP TONY SAHAMA forestlake@qja.com.au
MACKAY BRANCH LESLEY SEYMOUR mackay@qja.com.au
TOWNSVILLE BRANCH ANNMAREE LUTHER townsville@qja.com.au
GLADSTONE BRANCH Fred Golder gladstone@qja.com.au
MAROOCHYDORE BRANCH JANET BARLTROP maroochydore@qja.com.au
WESTERN SUBURBS BRANCH GRAHAME TAINTON westsubs@qja.com.au
GOLD COAST BRANCH Graeme Ford goldcoast@qja.com.au
MT ISA CONTACT GROUP MEGAN HOUSDEN mtisa@qja.com.au
WYNNUM MANLY BRANCH DON HANN wynnummanly@qja.com.au
GYMPIE BRANCH Janine Heyer gympie@qja.com.au
NOOSA BRANCH MARGARET LEWINS noosa@qja.com.au
Telephone: 07 5544 6460
Telephone: 0439 258 770
Telephone: 07 4773 4371
Telephone: 0412 453 433
Telephone 0419 796 177
Telephone: 07 5525 3813
Telephone 0407 765 398
HERVEY BAY BRANCH RON JUST herveybay@qja.com.au Telephone: 07 4128 3628
Anti-Discrimination Commission Centrelink Consular Assistance (SmartTraveller) Customs Border Protection Hotline Crimestoppers Dept Communities (Families) Dept Foreign Affairs & Trade Dept Justice & A-G - JP Branch Brisbane JP Branch (Afterhours Mobile) Dept Justice & A-G - JP - New South Wales Dept Justice & A-G - JP - Victoria Dept Transport (Queensland) Dispute Resolution Branch Elderly Abuse Prevention Unit Electoral Commission of Queensland Equity & Fair Trading: Consumer Information Land Titles Office (Dept Natural Resources) Legal Aid Queensland 20
Serving Queensland’s Honorary Justices since 1918
Telephone: 07 3353 2927
Telephone: 07 3281 9114
Telephone: 07 3287 1516
Telephone: 07 4840 2289
Telephone: 07 5456 2414
Telephone: 07 4749 0623
Telephone: 07 5471 0617
REDLAND CITY BRANCH RAY BURROWS redlandcity@qja.com.au
Telephone: 07 4926 1659
Telephone: 07 3264 4436
Telephone: 07 4635 6727
Telephone: 07 4773 4371
Telephone: 07 3279 0185
Telephone: 07 3390 4278
The QJA’s bylaws distinguish between “branches” and “contact groups”. Branches conduct regular meetings (at least five per year), conduct training, operate signing facilities, have defined revenue streams and a formalised structure. Contact groups meet on an “as required basis” and generally exist to operate signing facilities and to deal with other local issues. For details of what is happening in your local area, including professional development opportunities, please feel free to phone any of the numbers above and your local contact will be happy to assist.
Telephone: 07 3822 1366
1300 130 670 13 10 21 1300 555 135 1800 061 800 1800 333 000 07 3235 4312 07 3405 4799 1300 301 147 044 773 7692 02 8688 7487 03 9603 9090 07 3253 4744 1800 017 288 1300 651 192 1300 881 665 1300 658 030 13 74 68 1300 651 188
Legal Services Commission Marriage Celebrants (JAG Canberra) Mental Health Orders (JEO’s) National Security Hotline Office of the Adult Guardian (EPA’s & AHD’s) Office of the Director of Public Prosecutions Office of the Public Advocate Office of the State Coroner Police Link Police - Traffic Camera Infringement Office Public Trustee Office (Wills) Queensland Civil Administrative Tribunal (QCAT) Queensland Law Society Registry of Births, Deaths, Marriages (Qld) State Emergency Service State Penalties Enforcement Registry (SPER) Victims Assist Queensland
1300 655 754 02 6234 4800 07 3835 1444 1800 123 400 1300 653 187 1800 673 428 07 3224 7424 1300 304 605 13 14 44 1300 360 610 1300 360 044 1300 753 228 07 3842 5842 1300 366 430 13 25 00 1300 365 635 1300 546 587