Reasonably Available and Active Justices of the Peace

The Governor may appoint eligible persons in Tasmania to the office of JP in accordance with the Act. However, Section 5(3) of the Act provides that the Governor may only appoint a JP if satisfied that there is a need for a JP or another JP in the area where the eligible person resides or works.

The Department is responsible for the administration of JP appointments in accordance with the Act and when considering new JP expressions of interest, it determines the level of need by criteria that includes the number of JPs already appointed in an area proportionate to the population.

Appointed JPs who are not reasonably available and active in undertaking JP duties prevent enthusiastic and available people from becoming JPs because of the perception that there are already sufficient JPs in an area.

This has an impact on businesses and the general community, making it difficult for people to find a JP in a timely manner.

These guidelines apply to all employees and officers engaged in the administration of JPs and to prospective and appointed JPs in Tasmania.

• Appointed Justice of the Peace – a currently appointed Justice of the Peace under the Tasmanian Justices of the Peace Act 2018
• Prospective Justice of the Peace – an eligible person under the Tasmanian Justices of the Peace Act 2018 expressing an interest in appointment as a Justice of the Peace

Legislative requirements

The requirement for a prospective JP to be reasonably available and reasonably active is outlined in the Act.

Among other requirements, section 5(1)(c)(iv) of the Act provides that an eligible person for appointment as a JP, in the opinion of the Minister –

(iv) is likely to be reasonably available to exercise the powers of a justice for the purpose of meeting the needs of the community in the area in which he or she resides or works and to be reasonably active in doing so.

The Act also requires appointed JPs to be reasonably available and active. Section 19 of the Act provides –

An appointed justice must be reasonably available to exercise his or her powers as a justice and reasonably active in doing so in the areas in which he or she resides or works.

Section 20 of the Act requires all appointed JPs to comply with the Code of Conduct contained in Schedule 1 of the Regulations. Clause 6 of the Code of Conduct states that in addition to the requirement under Section 19 of the Act for an appointed justice to be reasonably available to exercise his or her powers as a justice and reasonably active in doing so, an appointed justice –

1. must not unreasonably refuse to provide the services of a Justice of the Peace; and
2. must deal with requests for the services of a Justice of the Peace in a timely manner.

A service is provided by a JP if he or she exercises a power, or performs a duty, of a JP for the benefit of another person.

Part 4 of the Act includes provisions relating to the suspension and removal of JPs from office.

Section 21 provides that the Secretary of the Department of Justice (the Secretary) may suspend an appointed JP if satisfied that an investigation is warranted as to whether there are grounds for the revocation of the appointment.

Section 29 of the Act provides that the grounds for the removal from the office of JP include, among other things –

• the JP has committed serious or repeated breaches of the Code of Conduct
• the JP has failed, without reasonable excuse, to comply with another requirement made or given by the Secretary under this Act
• on at least three occasions, the JP has failed, without reasonable excuse, to carry out his or her duties
• the JP has failed, without reasonable excuse, to comply with any provision of the Act.

Expectations – reasonably available, reasonably active and readily contactable

This section provides guidance on the interpretation and application of the term ‘reasonably available and reasonably active’ in considering when a JP could be called upon to provide justice services to the general public.

Reasonably available

Reasonably available means that a service should be provided if requested unless it is reasonable in the circumstances for the JP to not be available or not provide the requested service.

The aim of being reasonably available is to provide the highest level of services to a member of the public at a mutually agreed time and place taking into account personal commitments, safety and security considerations.

Following a request for JP services, JPs must provide services in a timely manner and not unreasonably refuse a service. An example of reasonable refusal is where the service being requested is inconsistent with the guidelines and provisions of the Handbook for JPs.

It is an expectation that all JPs will be reasonably available out of normal hours for matters that are urgent. Examples may include attending juvenile interviews at a police station in the middle of the night or signing urgent search warrants 24 hours a day, 7 days a week. Whilst these are uncommon occurrences it is expected that a JP is willing to be available at any time to serve the community even out of normal hours for urgent matters.

Reasonably active

Reasonably active in this context, means that a JP is able to offer a full range of services including, but not limited to:

• Attesting to the execution of a document
• Witnessing a statutory declaration
• Signing search warrants
• Witnessing an affidavit for use in court
• Certifying true copies of an original document
• Certifying a person’s identity

A JP who provides no services, or a very low number of services a month, is not active for the purposes of these guidelines. In such circumstances, the JP should consider retiring their position or making their services available at a Document Signing Centre.

A JP who provides regular services each month and/or volunteers their time at any one of the Document Signing Centres is considered active for the purpose of the requirement.

Although the Department may conduct random audits of JP availability and activity, it is the responsibility of the JP to advise the Department of their inactivity. In these circumstances, the expectation would be for the JP to tender their resignation to allow for the appointment of a new JP in their area who will be reasonably active.

Readily contactable

All telephone numbers and addresses as reported to the Department are correct for listing on the public register.

Unless a JP is registered under a specific employer group with availability restrictions approved by the Department (e.g. court staff required to provide JP services daily in their workplace), JPs should be available on the telephone number listed on the public register.

In some circumstances for personal safety reasons, a JP may choose not to answer their phone from an unknown caller. In these situations however, it is expected that the JP will respond to any voice or text message requesting the services of a JP at the earliest opportunity.

Temporary reduction in availability

The Department recognises that there may be legitimate circumstances when an appointed JP cannot undertake their duties for a temporary period.

When a JP is unavailable due to ongoing ill health, overseas travel or other exceptional circumstances, they should contact the Department to request temporary (less than 12 months) removal from the public register.

To apply for a temporary reduction please email the Manager, JPs at jp@justice.tas.gov.au outlining the dates and reasons why you are making the request including any supporting documentation.

Removal from public register

The public register is a register of current JPs held by the Department. The public register allows members of the public to find a JP by suburb or name and is one way members of the public can verify that someone is a currently appointed JP. As a general rule, all JPs are required to be listed on the public register.

There may be exceptional circumstances where a decision is made not to list a reasonably available and active JP on the public database. To discuss your individual case with the Department, please email your request with supporting documentation to the Manager, JPs at jp@justice.tas.gov.au, noting that the request may be declined and the only recourse for public register removal may be the JP tendering their resignation.

• Justices of the Peace Act 2018
• Justices of the Peace (Code of Conduct) Regulations 2019

Justices of the Peace

Appointed JPs are responsible and accountable for:

• Ensuring they are reasonably available, reasonably active and readily contactable to perform the duties of the office of JP for members of the public.
• Resigning if they find they are no longer in a position or circumstance that allows them to be reasonably available, reasonably active and readily contactable.
• Notifying the Department of any changes in their availability or contact details.
• Applying to the Department if a temporary reduction in availability is necessary (such as for illness or extended travel).

Manager, Justices of the Peace

The Manager, JPs is responsible for:

• Understanding and communicating the requirements of these guidelines.
• Applying these guidelines, including ensuring all current JPs comply with the requirements outlined within it.
• Maintaining and making publicly available a register of current Justices of the Peace contact details and nominated availability.

Deputy Secretary, Strategy, Governance and Major Projects

The Deputy Secretary, Strategy, Governance and Major Projects is responsible for overall oversight of the administration of JPs.

Agency Executive

Agency Executive are responsible for supporting, endorsing and reviewing these guidelines and compliance with the Act.

• Tasmanian Society of Justices of the Peace Inc.
• Honorary Justices Association of Tasmania
• Honorary Justices Association of Tasmania – North West