Honorary Justices Regulations 2014

Honorary Justices Regulations 2014

S.R. No. 110/2014

table of provisions

RegulationPage

1Objectives

2Authorising provision

3Commencement

4Definition

5Prescribed training for the appointment of a justice of the peace

6Prescribed forms of oath or affirmation for justice of the peace appointment

7Prescribed training for the appointment of a bail justice

8Prescribed training for the re-appointment of a bail justice

9Prescribed forms of oath or affirmation for bail justice appointment

10Prescribed office holders to be bail justices

11Prescribed training for a bail justice under section18

12Prescribed training or professional development for honorary justices

13Code of Conduct

______

SCHEDULES

SCHEDULE 1—Oaths and Affirmations of Office

Part 1—Oath of Office for Justice of the Peace

Part 2—Oath of Office for Bail Justice

SCHEDULE 2—Honorary Justices Code of Conduct

═══════════════

Honorary Justices Regulations 2014

S.R. No. 110/2014

statutory rules 2014

S.R. No. 110/2014

Honorary Justices Regulations 2014

S.R. No. 110/2014

Honorary Justices Act 2014

Honorary Justices Regulations 2014

S.R. No. 110/2014

Honorary Justices Regulations 2014

Honorary Justices Regulations 2014

S.R. No. 110/2014

The Governor in Council makes the following Regulations:

Dated: 26 August 2014

Responsible Minister:

ROBERT CLARK

Attorney-General

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to prescribe—

(a)the oath or affirmation to be taken by a justice of the peace; and

(b)the courses of training or professional development for honorary justices; and

(c)the oath or affirmation to be taken by a bail justice; and

(d)offices, the holders of which are bail justices; and

(e)the code of conduct for honorary justices.

2Authorising provision

These Regulations are made under section 49 of the Honorary Justices Act 2014.

3Commencement

These Regulations come into operation on 1September 2014.

r. 3

4Definition

In these Regulations—

the Act means the Honorary Justices Act 2014.

5Prescribed training for the appointment of a justice of the peace

(1)The Secretary may approve a course of training for the appointment of a justice of the peace having regard to the duties and functions of a justice of the peace.

(2)For the purposes of section 7(2)(d)(i) of the Act, the prescribed course of training is the course of training approved by the Secretary under subregulation (1).

6Prescribed forms of oath or affirmation for justice of the peace appointment

(1)For the purposes of section 8 of the Act, the oath or affirmation of office for a justice of the peace is set out in Part 1 of Schedule 1.

(2)An oath or affirmation of office for a justice of the peace must be administered by a magistrate who must forward to the Secretary a certificate of administration.

7Prescribed training for the appointment of a bail justice

(1)The Secretary may approve a course of training for the appointment of a bail justice having regard to the duties and functions of a bail justice.

(2)For the purposes of section 14(2)(e)(i) of the Act, the prescribed course of training is the course of training approved by the Secretary under subregulation (1).

8Prescribed training for the re-appointment of a bail justice

r. 8

(1)The Secretary may approve a course of training for the re-appointment of a bail justice having regard to the duties and functions of a bail justice.

(2)For the purposes of section 15(2)(d)(i) of the Act, the prescribed course of training is the course of training approved by the Secretary under subregulation (1).

9Prescribed forms of oath or affirmation for bail justice appointment

(1)For the purposes of sections16and 18(2)(b) of the Act, the oath or affirmation of office for a bail justice is set out in Part 2 of Schedule 1.

(2)An oath or affirmation of office for a bail justice must be administered by a magistrate who must forward to the Secretary a certificate of administration.

10Prescribed office holders to be bail justices

For the purposes of section 18 of the Act, a prescribed office is an office with the classification of—

(a)Grade 3, Grade 4, Grade5 or Grade 6 in the public service in which the employee is required to perform the duties of any one or more of the following—

(i) Prothonotary or deputy Prothonotary of the Supreme Court;

(ii)registrar or deputy registrar of the County Court;

(iii)principal registrar of the Magistrates' Court;

(iv)registrar or deputy registrar of the Magistrates' Court;

(v)principal registrar of the Children's Court;

(vi)registrar or deputy registrar of the Children's Court; or

(b)Grade 2, Grade 3, Grade 4, Grade 5 or Grade6 in the public service in which the employee is required to perform the duties of associate to a judge of the Supreme Court or the County Court.

11Prescribed training for a bail justice under section18

r. 11

(1)The Secretary may approve a course of training for a personwho is a bail justice by virtue of holding a prescribed office under section 18, having regard to the duties and functions of a bail justice.

(2)For the purposes of section 18(2)(a) of the Act, the prescribed course of training is the course of training approved by the Secretary under subregulation (1).

12Prescribed training or professional development for honorary justices

(1)The Secretary may approve a course of training or professional development for a justice of the peace having regard to the duties and functions of a justice of the peace.

(2)For the purposes of section 23(1)(a) of the Act, the prescribed course of training or prescribed professional development for a justice of the peace is the course of training or professional development approved by the Secretary under subregulation (1).

(3)The Secretary may approve a course of training or professional development for a bail justice having regard to the duties and functions of a bail justice.

(4)For the purposes of section 23(1)(a) of the Act, the prescribed course of training or prescribed professional development for a bail justice is the course of training or professional development approved by the Secretary under subregulation(3).

13Code of Conduct

r. 13

For the purposes of section 25 of the Act, the prescribed code of conduct is set out in Schedule2.

______

SCHEDULES

SCHEDULE 1

Regulations 6, 9

Sch. 1

Oaths and Affirmations of Office

Part 1—Oath of Office for Justice of the Peace

I, [full name], swear by Almighty God (or the person may name a god recognised by his or her religion) that, as a justice of the peace, I will at all times discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.

AFFIRMATION OF OFFICE FOR JUSTICE OF THE PEACE

I, [full name], solemnly and sincerely declare and affirm that, as a justice of the peace, I will at all times discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.

Part 2—Oath of Office for Bail Justice

I, [full name], swear by Almighty God (or the person may name a god recognised by his or her religion) that, as a bail justice, I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.

AFFIRMATION OF OFFICE FOR BAIL JUSTICE

I, [full name], solemnly and sincerely declare and affirm that, as a bail justice, I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.

______

SCHEDULE 2

Sch. 2

Regulation 13

Honorary Justices Code of Conduct

Introduction

1This Code of Conduct prescribes the behaviour expected of bail justices and justices of the peace.

2The Code is binding and a contravention may constitute grounds for removal from office.

3In addition to the matters outlined in this Code, honorary justices must also comply with the Honorary Justices Act 2014 and the regulations made under the Act.

Conduct

4An honorary justice must maintain and uphold the oath of office and discharge the functions of a bail justice or justice of the peace, as the case may be, in a courteous and timely manner, in accordance with the law and to the best of his or her ability.

5An honorary justice must act, and be seen to act, with due care, diligence, honesty, integrity, respect, independence, impartiality and without prejudice or discrimination when performing his or her honorary justice functions.

6An honorary justice must not behave in a manner that brings the office of bail justice or justice of the peace, as the case may be, into disrepute.

7An honorary justice must not—

(a) purport to hold or exercise powers other than those conferred on him or her as an honorary justice;

(b) provide legal advice in his or her capacity as an honorary justice;

8An honorary justice must not administer an oath or affirmation, or witness the signing or execution of a document if the honorary justice reasonably doubts that the person is legally or mentally competent to make the oath, affirmation, declaration or affidavit or to execute the document.

Conflicts of Interest

9An honorary justice must disclose an actual or potential conflict of interest when performing his or her honorary justice functions and must not exercise the powers of an honorary justice where there is such a conflict of interest.

Sch. 2

Competency and Knowledge

10An honorary justice must maintain a competent knowledge of all laws applicable to the functions of a bail justice or justice of the peace, as the case may be.

Privacy

11An honorary justice must not use, disclose or retain any information or documents obtained in the course of carrying out his or her functions as an honorary justice, other than for the purpose of performing those functions or as otherwise authorised or required by law.

Reasonably Active and Reasonably Available

12In addition to the requirement under section 24 of the Act regarding availability and activity, an honorary justice must not unreasonably refuse to perform duties in relation to a matter where he or she is capable of performing those duties.

13Unless there are exceptional circumstances, a justice of the peace is to make available, on the Department of Justice's public "Find a Justice of the Peace"Internet and telephone service, his or her name, the town or suburb where he or she is available to perform his or her duties, his or her hours of availability and a telephone number on which the justice of the peace may be contacted.

Use of Titles

Sch. 2

14An honorary justice must not use the title of bail justice or BJ, or justice of the peace or JP, as the case may be, to advertise or advance, or appear to advertise or advance, his or her business, commercial or personal interests.

═══════════════