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Oaths of Officebeing subject to any of the following:Following your appointment as a JP andbefore exercising any duties, you must takethe oath of allegiance and the judicial oathwithin three months after your appointment,as required by section 6 of the Oaths Act 1936. a control order under the Serious andOrganised Crime (Control) Act 2008The completed Oaths form must then bereturned to JPS so you can receive yourappointment package. Should you fail totake your Oaths within three months afteryour appointment under the Act, you maybe subject to disciplinary action which mayinclude suspension.Please note a JP is not authorised toadminister these Oaths.If you are reappointed for a further term andhave already taken the Oaths, you are notrequired to retake it.JP Code of ConductThe JP Code of Conduct (COC) is prescribedin the Regulations (Schedule 1) and all JPsare required to comply with it.You must notify JPS in writing within 14 daysof the following matters occurring: being charged with an offence (other thanan offence that is expiable) the charge of an offence (other than anoffence that is expiable) alleged to havebeen committed by you being withdrawn,dismissed or discontinued being convicted or acquitted of an offence(other than an offence that is expiable) being issued with an interim interventionorder or an intervention order under theIntervention Orders (Prevention of Abuse)Act 2009 being issued with an interim firearmsprohibition order or a firearms prohibitionorder under the Firearms Act 2015 a control order under Part 5.3 of theCriminal Code set out in the Scheduleto the Criminal Code Act 1995 ofthe Commonwealth, or a law of theCommonwealth that replaces that Code a control order under the Child SexOffenders Registration Act 2006 being diagnosed with a mental illnesswhere there are concerns the justice maycause harm to themselves, others orproperty- being convicted or acquitted ofan offence (other than an offence that isexpiable) being found to have acted dishonestlyby any court, tribunal, inquiry, regulatoryagency or complaint handling or disputeresolution body becoming bankrupt or applying as adebtor to take benefit of the laws relatingto bankruptcy being disqualified from managing orbeing involved in the management of anycompany under the Corporations Act2001 (Commonwealth).You must also notify JPS in writing if you areexpecting to leave the state or unable to carryout your duties for longer than three months.The Attorney-General or Delegate has thepower to take disciplinary action againsta JP if the JP breaches or fails to complywith the conditions of appointment or with aprescribed provision of the COC. Disciplinaryaction can include reprimand, suspension orfurther conditions may be imposed upon theappointment.A copy of the full COC is in Section 4 of thishandbook.Justice of the Peace Handbook9

USE OF THE JP &JP RETIRED TITLESUse of the title ‘JP’The title ‘JP’ must only be used whenperforming official functions as a JP and notwhen conducting business that does notrelate to your role. You must not use the initials‘JP’ when witnessing documents that donot require a JP to witness them. The COCcontains the following restrictions on the use ofoffice or the title JP:7— Restrictions on use of office or titleof justice1. A justice must not—(a) use, or seek to use, the office ofjustice of the peace for the purposeof advancing the justice’s business,commercial or personal interests; or(b) use, or seek to use, the title of justice ofthe peace for the purpose of advancingthe justice’s business or commercialinterest; or(c) use, or seek to use, the office or title ofjustice of the peace in a manner, or fora purpose, that may bring the office ofjustice of the peace into disrepute.You must also not use the title ‘JP’ toadvance your standing in the community,when providing written character referencesto support or promote family, friend orbusiness associates or when signingstatements or letters about personal matters.JPs can however use the JP title with theircontact details for the purpose of promotingtheir services as a JP. An example of this canbe on printed cards detailing their contactdetails so that people can contact them forJP services.It is an offence to use the title ‘JP’ when youare not entitled to do so. It is also an offenceto hold yourself out as a JP if you are not.Use of title ‘JP (Retired)’If you resign from office as a JP you mustcease performing official functions and usingthe title ‘JP’. If you resign as a JP you mayuse the title ‘JP (Retired)’ if: you served as a JP for at least 20 years you were not removed from office by theAttorney-General you have not been prohibited by theAttorney-General or Delegate to usethe title.The JP (Retired) title must be used withcaution and not to gain profit or to advancebusiness or commercial interests. Disciplinaryaction can be taken against a person whouses the title or any other title that suggeststhe person is a retired justice, in contraventionof a code of conduct.Payment for ServicesAs a JP you are a volunteer and it is in breachof the COC if you directly or indirectly solicitor accept any fees or reward from any personin connection with your office. This includesany gifts, gratuity, benefit or favour.It is however within your right to refuse towitness a document if it will result in youincurring any monetary costs.Justice of the Peace Handbook10

Changes to your details andthe Roll of JusticesYour details are recorded in the JP Systemmaintained by JPS. The JP System includesthe Roll of Justices (the Roll) which isaccessed by the public to find a JP.The Attorney-General is required by the Actto maintain the Roll and it is available to thepublic through the SA.GOV.AU website. It isimportant to have your current details on theRoll because members of the public use theRoll to find a JP in their local area.JPS will use your contact information toadvise you of: the latest information about the office of JPs any changes to the Act or Regulations information to help you carry out yourofficial duties accurately and appropriately.You must notify JPS in writing within 28 daysof any changes to: your name business or home addressThe Roll contains your: your contact telephone numbers(including mobile, home or business) or name your occupation. suburb telephone number available times languages spoken expiry date of your appointment whether you are a SJOther information the JP System holds, whichis not available to the public, includes your: residential and postal addressLogin to the JPS Portal to update yourinformation. If you change your name, youmust upload to the Portal a certified copy ofthe change of name document at the time ofsubmitting your change of name request. Thedocuments you can provide as evidence ofyour change of name are an official change ofname certificate, deed poll document or officialmarriage certificate (issued by Births, Deathsand Marriages, not the one provided to you onthe day of marriage by your celebrant). employment and occupation other information relating to your appointment.Justice of the Peace Handbook11

COMPLAINTS, CHARGES& CONVICTIONSComplaintsComplaints against JPs must be made inwriting and lodged with the JPS. There is anonline feedback and complaints form which isaccessible via www.sa.gov.au.JPS reviews all complaints made against JPsfor South Australia and considers whethera breach of the JP Code of Conduct mayhave occurred. If the information provided inthe complaint determines there is sufficientcause for concern, JPS can arrange for aninvestigation to ascertain whether there maybe any grounds for taking disciplinary actionagainst the JP.Types of complaints that will be considered are: JPs not complying with or breachingthe COC JPs not complying with or breaching theJustices of the Peace Act 2005 JPs not complying with a condition orrequirement of their appointment JPs who have been charged with orconvicted of offences JPs not carrying out the official functionsof the office correctly General misconduct of JPs that ifsubstantiated may result in bringing theoffice of a JP into disrepute.Trivial or vexatious complaints against a JPor personal disputes between a member ofthe public and a JP will not be considered.JPS follows a standard procedure inmanaging complaints about JPs. Howeverthe approach adopted to investigate andmanage complaints may vary depending onthe nature and seriousness of the complaintas well as the urgency of the issues arising inconnection with the complaint.The Act and Regulations provide that thefollowing disciplinary actions can be takenagainst a JP: formal reprimand imposing conditions on the JP’sappointment suspending the JP from officeJPS does not investigate or prosecutecriminal offences as criminal offending isgenerally a matter for the police.Charges and convictionsJPs are required to notify JPS in writing within14 days of being charged or convicted ofan offence (other than an expiable offence)and to notify of the withdrawal, dismissal ordiscontinuance of a charge of an offence.Disciplinary action may be taken against aJP for failing to notify within 14 days of beingcharged or convicted of an offence.JPS follows a standard procedure in handlingsituations when a JP is charged or convictedof an offence; however JPS will manage eachcase according to its circumstances.Justice of the Peace Handbook12

INCAPACITY TO CARRYOUT FUNCTIONS OF THEOFFICE AND RESIGNATIONIncapacity to carryout functionsResignationThe Act provides that if you become mentallyor physically incapable of carrying out officialfunctions satisfactorily, the Attorney-Generalmay remove you from office.You may resign from office at any time duringyour term of appointment or you can elect notto reapply when your term of office expires.Resignations must be made in writing andcan be submitted through the Portal.If you become unwell and can no longercarry out your official duties, you may beadvised to resign or apply for suspension forpersonal reasons. You can resign or apply forsuspension for personal reasons through theJPS Portal.After you have resigned from office as a JPyou cannot perform the functions of theoffice and your name and contact details willbe removed from the Roll of Justices. If at afuture stage you wish to resume JP functions,you will need to apply again.If you resign as a JP after having servedfor 20 years or more, you can use the tile‘JP (Retired)’ provided that you do not doso in contravention of the COC for RetiredJPs in Schedule 2 of the Regulations or incontravention of section 16(4) of the Act.If you move interstate or overseas permanentlyyou may wish to resign from your office ofJP. If you do not resign, your office of JPnevertheless becomes vacant because, byceasing to reside in South Australia, you are nolonger eligible for appointment as a JP. JPs areappointed under different Acts in each Stateand Territory.Justice of the Peace Handbook13

SUSPENSION ANDREMOVALSuspensionIf you are unable to perform your JP functionsfor a period of more than three months forpersonal reasons, it is recommended youseek suspension so that the public does notcontact you. Personal reasons include illness,family or business commitments or prolongedabsence from the state.Applications for suspension may be madethrough the JPS Portal.The Attorney-General or Delegate must besatisfied that personal reasons exist beforegiving written notice of your suspension fromoffice. The suspension can be for a specifiedperiod or until further notice, but cannotexceed two years. Upon suspension yourname is removed from the Roll of Justices.At the end of your suspension periodyour details will be reinstated on the Rollof Justices. You can ask to have yoursuspension revoked by the Attorney-Generalor Delegate if you are able to resume yourduties earlier. A suspension may be revokedby further notice.A JP whose office has been suspendedby reason of a prolonged absence fromthe State, must on or before the period ofsuspension expires, notify the AttorneyGeneral (which may be done through JPS)whether they intend to return to the Statewhen the period of suspension expires.Section 9(a)(iv) of the Act provides thatthe office of a JP becomes vacant if theJP ceases to satisfy the qualification byvirtue of which the member was eligible forappointment as a JP. Pursuant to section 4(8)of the Act, a person is not a ‘suitable person’for appointment under section 4(1) of theAct unless the person is an Australian citizenresident in South Australia. Should you notreturn to SA at the end of your suspension,you may prefer to resign as a JP pursuant tos9(a)(ii) of the Act.Under section 11 of the Act the AttorneyGeneral or Delegate may suspend you fromoffice if satisfied that there is proper causefor disciplinary action against you such asbreaching or failing to comply with the Act,the COC or a condition of your appointment.The suspension may be for a specifiedperiod or until you fulfil conditions set by theAttorney-General or Delegate, or until furthernotice, but will not exceed two years.Justice of the Peace Handbook14

RemovalA JP can be removed from office by theAttorney-General or Delegate by notice inthe SA Government Gazette for thefollowing reasons: is mentally or physically incapable ofcarrying out official functions satisfactorily is found guilty or convicted by a courtof an offence that, in the opinion of theAttorney-General shows the person to beunfit to hold office as a JP is bankrupt or applies to take the benefitof a law for the relief of bankrupt orinsolvent debtors should, in the Attorney-General’s opinion,be removed from office, for any other reason.If you are removed from office as a JP, youare not entitled to use the title ‘JP (Retired)’and you may not apply for reappointment asa JP for a period of five years from the dateof removal or such longer period as maybe specified by the Attorney-General in thenotice of removal.Justice of the Peace Handbook15

COMMON QUESTIONSAm I ineligible for jury service?Can a JP perform marriage ceremonies?Not necessarily. Only JPs who perform courtduties are ineligible for jury service (unlessyou are otherwise ineligible pursuant toSchedule 3 of the Juries Act 1927). If youare a JP who performs court duties, yourspouse or domestic partner will also beineligible for jury service.No. Only those authorised under the MarriageAct 1961 can.Must I disclose my contact detailsto JPS?Yes, you must provide all your contact detailsto JPS as required by the COC. However,only your name, nominated telephonenumber(s) and suburb or town in which youreside and/or work will be made available tothe public on the Roll of Justices. All otherpersonal details (such as your street address)are kept confidential.Do I have to conduct JP dutiesfrom home?No, you do not have to conduct your dutiesfrom home. You can arrange with the client tomeet at a mutually agreed location such as alibrary or shopping centre.Can I keep copies of documentsI witness?No, a JP must not keep copies of anydocuments they witness unless requiredby legislation.If you have concerns about a particulardocument you can record the documenttype, location of witnessing, the date andyour concerns about the document shouldany questions arise, but you must not keepany personal details about the person suchas their name, contact details or any numberson their documents.Can I provide legal advice?No. You must not give legal advice when youare performing duties as a JP, even if youhave legal knowledge. It is a breach of theCOC if you provide legal advice when actingin your capacity as a JP. If a person needslegal advice you can refer them to the LegalServices Commission on 1300 366 424 or youcan suggest they seek their own legal advice.Do I have legal protection?Section 15 of the Act provides that ‘a JP incursno civil or criminal liability for an honest act oromission in carrying out or purportedly carryingout official functions’ (emphasis added).You have a legal responsibility to adhereto your statutory duties and to follow therequisite procedures when performingfunctions as a JP. If you do not follow therequired procedures, you could cause a clientto suffer financial detriment or other lossand you risk having other legal action takenagainst you.If you perform a function you know is not theduty of a JP, the immunity offered under theAct may not apply. You should ensure youfollow the correct procedures and seek helpor refrain from witnessing a document if youare unsure of how to do it correctly.Justice of the Peace Handbook16

NOTESJustice of the Peace Handbook17

SECTION 3YOUR ROLE &DUTIES AS A JPJustice of the Peace Handbook18

INTRODUCTION TOWITNESSING DOCUMENTSYour main role as a JP is toact as an independent andobjective witness to documentspeople use for official or legalpurposes. As a JP yo

(Keepers of the Peace). The Custodes Pacis were the forefathers of JPs. During the early 1320s, Keepers of the Peace were appointed in each county, and by the 1340s these keepers had powers to hear and determine trespasses and punish offenders. The title 'justice of the peace' derives from 1361 during the reign of Edward III, making