• What does a Justice of the Peace in the ACT do ?
• What a Justice of the Peace does not do
• History of Justices of the Peace
• Become a Justice of the Peace
• Want to know more ?

What does a Justice of Peace in the ACT do?

Justices of the Peace serve different roles in different jurisdictions.  It is important, therefore, to understand the role of Justices of the Peace in the ACT, and the legislative basis for that role.

In the ACT, Justices of the Peace are appointed by the Minister (the Attorney-General), under the Justices of the Peace Act 1989, but the Act does not prescribe the role to be performed by JPs.  Generally, the role of Justices of the Peace in the ACT is determined by procedural requirements of other ACT legislation.  Justices of the Peace may, however, perform a wider range of functions under Commonwealth law, including the witnessing of statutory declarations.

The principle legislative mandate for Justices of the Peace in the ACT is the Oaths and Affirmations Act 1984.  This Act prescribes the form and administration of oaths and affirmations that are used in various circumstances, such as for proceedings heard or conducted by a court.  Justices of the Peace have the authority, under this Act,to administer an oath or affidavit for the purposes of a proceeding or for any purpose under law in the ACT; that is, a person who wishes to swear or affirm an affidavit may do so before a Justice of the Peace.

Justices of the Peace may, however, perform a wider range of functions under Commonwealth law, including the witnessing of statutory declarations.  The principle legislation here is the Statutory Declarations Act 1959.  This Act prescribes the form of a statutory declaration and a range of persons before whom a statutory declaration may be made.  A Justice of the Peace is a prescribed person under this Act.

Another significant role for Justices of the Peace is to attest and certify documents.  Typically, this is not done under any specific legislative requirement, but rather to meet the needs of an employer, government agency, bank, or other organisation.  The organisation wants to be able to rely on a copy of a document submitted by a person to provide ‘assurance’ of some assertion.  The assertion might be about the identity or age of a person (a birth certificate can provide reasonable assurance), possession of qualifications (a university degree or transcript may provide this assurance), or some other matter.  Justices of the Peace are generally considered to be reliable persons to attest to the reasonable authenticity of the document and to certify a copy of the document as 'a true copy'  (Indeed, prospective Justices of the Peace in the ACT receive training in this particular role).

Other legislation that provides a role for Justices of the peace includes:

• the Instruments Act 1933, which provides for Justices of the Peace to have a role in the enforcement of bills of sale.  This Act provides that a bill of sale for household furniture cannot be enforced without it being endorsed by a Justice of the Peace or another listed person.   

• the Commonwealth Customs Act 1901. This Act provides for Justices of the Peace to, in certain circumstances, issue an order for an external search of a detainee.

In summary, by virtue of the Oath of Office taken at the time of their appointment, ACT Justices of the Peace undertake to 'well and truly serve in the office of justice of the peace of the Australian Capital Territory'.  Justices of Peace in the ACT serve the community primarily by:

• administering oaths or affidavits, and taking statutory declarations and affirmations;

• witnessing signatures; and

• attesting and certifying documents.

The role of ACT Justices of the Peace is limited to functions in the ACT and while the Justice is physically present in the ACT. There is legislation in most other jurisdictions, which allows documents witnessed in the ACT to be accepted in a court in that jurisdiction.

What a Justice of Peace does not do

A Justice of the Peace in the ACT does not have a judicial role in the courts, unlike in some other Australian jurisdictions.

A Justice of the Peace in the ACT does not have the authority to act as a marriage celebrant (unless specifically licensed as such).

A Justice of the Peace in the ACT does not provide legal advice.  Although Justices of the Peace are required to undertake training before being appointed to the office, they are not legally trained and cannot provide legal advice. If legal advice is sought, the Justice of the Peace should decline to provide advice and indicate that the person should contact a legal practitioner, or seek assistance from one of the providers of free legal advice.

A Justice of the Peace in the ACT should neither seek nor accept payment or reward for service.  The office of Justice of the Peace is an honorary one. A Justice of the Peace must not charge or accept any payment, reward or any form of compensation or gift for acting in the capacity of Justice of the Peace.

Want to know more?

If you would like to know more about the role of Justices of the Peace in the ACT, please contact the Secretary of the ACT JPs Association (Mr Peter O'Halloran JP).