Honorary Justices Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Honorary Justices Regulations 2014 S.R. No. 110/2014 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 2 4 Definition 2 5 Prescribed training for the appointment of a justice of the peace 2 6 Prescribed forms of oath or affirmation for justice of the peace appointment 2 7 Prescribed training for the appointment of a bail justice 2 8 Prescribed training for the re-appointment of a bail justice 3 9 Prescribed forms of oath or affirmation for bail justice appointment 3 10 Prescribed office holders to be bail justices 3 11 Prescribed training for a bail justice under section 18 4 12 Prescribed training or professional development for honorary justices 4 13 Code of Conduct 5 __________________ SCHEDULES 6 SCHEDULE 1—Oaths and Affirmations of Office 6 PART 1—OATH OF OFFICE FOR JUSTICE OF THE PEACE 6 PART 2—OATH OF OFFICE FOR BAIL JUSTICE 6 SCHEDULE 2—Honorary Justices Code of Conduct 7 ═══════════════ -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 110/2014 Honorary Justices Act 2014 Honorary Justices Regulations 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 1 Objectives 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. 2 Authorising provision These Regulations are made under section 49 of the Honorary Justices Act 2014. -- 2 of 10 -- Honorary Justices Regulations 2014 S.R. No. 110/2014 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 1 September 2014. 4 Definition In these Regulations— the Act means the Honorary Justices Act 2014. 5 Prescribed 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). 6 Prescribed 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. 7 Prescribed 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. r. 3 -- 3 of 10 -- Honorary Justices Regulations 2014 S.R. No. 110/2014 3 Authorised by the Chief Parliamentary Counsel (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). 8 Prescribed training for the re-appointment of a bail justice (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). 9 Prescribed forms of oath or affirmation for bail justice appointment (1) For the purposes of sections 16 and 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. 10 Prescribed 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, Grade 5 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; r. 8 -- 4 of 10 -- Honorary Justices Regulations 2014 S.R. No. 110/2014 4 Authorised by the Chief Parliamentary Counsel (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 Grade 6 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. 11 Prescribed training for a bail justice under section 18 (1) The Secretary may approve a course of training for a person who 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). 12 Prescribed 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). r. 11 -- 5 of 10 -- Honorary Justices Regulations 2014 S.R. No. 110/2014 5 Authorised by the Chief Parliamentary Counsel (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). 13 Code of Conduct For the purposes of section 25 of the Act, the prescribed code of conduct is set out in Schedule 2. __________________ r. 13 -- 6 of 10 -- Honorary Justices Regulations 2014 S.R. No. 110/2014 6 Authorised by the Chief Parliamentary Counsel SCHEDULES SCHEDULE 1 Regulations 6, 9 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. __________________ Sch. 1 -- 7 of 10 -- Honorary Justices Regulations 2014 S.R. No. 110/2014 7 Authorised by the Chief Parliamentary Counsel SCHEDULE 2 Regulation 13 HONORARY JUSTICES CODE OF CONDUCT Introduction 1 This Code of Conduct prescribes the behaviour expected of bail justices and justices of the peace. 2 The Code is binding and a contravention may constitute grounds for removal from office. 3 In 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 4 An 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. 5 An 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. 6 An 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. 7 An 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; Sch. 2 -- 8 of 10 -- Honorary Justices Regulations 2014 S.R. No. 110/2014 8 Authorised by the Chief Parliamentary Counsel (c) improperly influence or attempt to influence a person when performing his or her functions. 8 An 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 9 An 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. Competency and Knowledge 10 An 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 11 An 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 12 In 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. Sch. 2 -- 9 of 10 -- Honorary Justices Regulations 2014 S.R. No. 110/2014 9 Authorised by the Chief Parliamentary Counsel 13 Unless 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 14 An 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. ═══════════════ Sch. 2 -- 10 of 10 --