Honorary Justices Act 2014 - legislation.vic.gov.auFILE/14-032a.docx · Web vieworiginal...

Honorary Justices Act 2014 No. 32 of 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 23 Definitions 2

PART 2—JUSTICES OF THE PEACE 4

Division 1—Powers of justices of the peace 4

4 Powers 45 Protection from liability 46 Public Administration Act 2004 does not apply 4

Division 2—Appointment of justices of the peace 5

7 Appointment 58 Oath of office 59 Validity of things done 610 Vacation of office 6

PART 3—BAIL JUSTICES 7

Division 1—Powers and functions of bail justices 7

11 Powers and functions 712 Protection from liability 713 Public Administration Act 2004 does not apply 7

Division 2—Appointment and re-appointment of bail justices 7

14 Appointment 715 Re-appointment 816 Oath of office 917 Term of appointment 918 Certain office-holders to be bail justices 919 Validity of things done 1020 Vacation of office 10

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PART 4—REQUIREMENTS OF HONORARY JUSTICES 12

Division 1—Requirement of justices of the peace to provide certain information 12

21 Provision of information to the Secretary 12

Division 2—Requirements of honorary justices 13

22 Requirement to notify Secretary of change in circumstances 1323 Requirement to undertake training or professional

development 1424 Requirement to be reasonably available and active 1425 Requirement to comply with code of conduct 15

PART 5—SUSPENSION AND REMOVAL FROM OFFICE 16

26 Application of Part 1627 Suspension for failure to undertake training or professional

development 1628 Suspension on other grounds 1729 Notice of suspension 1730 Suspension of honorary justice 1831 Appointment of investigator 1832 Investigation 1933 Grounds for removal 2034 Recommendation that honorary justice be removed from

office 2135 Findings that facts do not exist which could constitute

grounds for removal 2236 Notification to honorary justice of revoking of suspension 2237 Removal from office 2338 Re-appointment after removal 23

PART 6—USE OF TITLES 24

39 Use of title by person holding office 2440 Permission for retired person to use title 2441 Requirements applying to retired person permitted to use

title 2542 Cessation or revocation of permission to use title 26

PART 7—OFFENCES 28

43 Impersonating honorary justice 2844 Use of title without authorisation 2845 False or misleading information 2846 Demanding, taking or accepting fee, gratuity etc. 29

PART 8—GENERAL 31

47 Delegation by the Secretary 3148 Guidelines 3149 Regulations 3150 Regulations dealing with transitional matters 33

PART 9—TRANSITIONAL PROVISIONS 35

51 Definition 3552 General transitional provisions 3553 Justices of the peace 3554 Bail justices 35

PART 10—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 37

55 Amendment of Magistrates' Court Act 1989 3756 Amendment of Bail Act 1977 3757 Amendment of Interpretation of Legislation Act 1984 3758 Amendment of Seamen's Act 1958 3759 Repeal of Part 38

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ENDNOTES 39

Honorary Justices Act 2014†

No. 32 of 2014

[Assented to 13 May 2014]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to provide for the appointment of justices of the peace and bail justices, together to be known as honorary justices; and

(b) to specify requirements of honorary justices in relation to the provision of information and training; and

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(c) to provide for a code of conduct applying to honorary justices; and

(d) to set out the procedures for the suspension or removal from office of honorary justices; and

(e) to provide for the use of titles by current and retired honorary justices; and

(f) to repeal Part 6 of the Magistrates' Court Act 1989.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 September 2014, it comes into operation on that day.

3 Definitions

In this Act—

bail justice means—

(a) a person appointed as a bail justice under section 14; or

(b) a person re-appointed as a bail justice under section 15; or

(c) a person who is a bail justice by virtue of holding a prescribed office under section 18;

code of conduct means a code of conduct prescribed for the purposes of section 25;

honorary justice means—

(a) a justice of the peace; or

(b) a bail justice;

justice of the peace means a person appointed as a justice of the peace under section 7;

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s. 2

Secretary means the Secretary to the Department of Justice.

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s. 3

PART 2—JUSTICES OF THE PEACE

Division 1—Powers of justices of the peace

4 Powers

(1) A justice of the peace may exercise—

(a) any power conferred on a justice of the peace by or under any Act; and

(b) any other power that he or she is authorised to exercise under any other law.

(2) A magistrate may exercise any power conferred on a justice of the peace by or under any Act.

(3) Any power conferred on a justice of the peace at common law is only exercisable by a magistrate.

5 Protection from liability

A justice of the peace is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the discharge of a duty as a justice of the peace; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty as a justice of the peace.

6 Public Administration Act 2004 does not apply

The Public Administration Act 2004 does not apply to a justice of the peace in respect of his or her capacity as a justice of the peace.

s. 4Part 10—Consequential Amendments to Other Acts

Honorary Justices Act 2014No. 32 of 2014

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Division 2—Appointment of justices of the peace

7 Appointment

(1) The Governor in Council may appoint an eligible person to be a justice of the peace.

(2) A person is eligible for appointment as a justice of the peace if—

(a) the person is of or over the age of 18 years; and

(b) the person is an Australian citizen; and

(c) the person is not an insolvent under administration; and

(d) the Attorney-General is satisfied that the person—

(i) has satisfactorily completed the course of training prescribed for appointment as a justice of the peace; and

(ii) has sufficient proficiency in the English language to perform the duties of a justice of the peace; and

(iii) ordinarily resides in Victoria; and

(iv) is a fit and proper person to be appointed as a justice of the peace.

8 Oath of office

Before exercising any of the powers of a justice of the peace, a person appointed as a justice of the peace must take an oath or affirmation of office in the prescribed form and manner.



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9 Validity of things done

Anything done by a justice of the peace in his or her capacity as a justice of the peace is not invalid only because of—

(a) a defect or irregularity in, or in connection with, the appointment of the justice of the peace; or

(b) the failure of the justice of the peace to take an oath or affirmation of office as required by section 8; or

(c) the justice of the peace being suspended from office at that time.

10 Vacation of office

A person ceases to hold the office of justice of the peace if—

(a) the person resigns by written notice delivered to the Governor; or

(b) the person becomes insolvent under administration; or

(c) the person ceases to be an Australian citizen; or

(d) the person is removed from office in accordance with section 37.

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PART 3—BAIL JUSTICES

Division 1—Powers and functions of bail justices

11 Powers and functions

(1) A bail justice may perform any function and exercise any power conferred on a bail justice by or under any Act.

(2) A judge of the Supreme Court or the County Court or a magistrate may exercise any power conferred on a bail justice by or under any Act.

12 Protection from liability

A bail justice is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the discharge of a duty as a bail justice; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty as a bail justice.

13 Public Administration Act 2004 does not apply

The Public Administration Act 2004 does not apply to a bail justice in respect of his or her capacity as a bail justice.

Division 2—Appointment and re-appointment of bail justices

14 Appointment

(1) The Governor in Council may appoint an eligible person to be a bail justice.

(2) A person is eligible for appointment as a bail justice if—

(a) the person is of or over the age of 18 years; and



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(b) the person is under the age of 70 years; and

(c) the person is an Australian citizen; and

(d) the person is not an insolvent under administration; and

(e) the Attorney-General is satisfied that the person—

(i) has satisfactorily completed the course of training prescribed for appointment as a bail justice; and

(ii) is fluent in the English language; and


(iv) is a fit and proper person to be appointed as a bail justice.

15 Re-appointment

(1) Subject to subsection (2), the Governor in Council may re-appoint a person as a bail justice if—

(a) the person has held the office of bail justice within 2 years before being re-appointed; and

(b) the Attorney-General is satisfied that during the person's previous term as a bail justice—

(i) the person was reasonably available to be rostered for duty as a bail justice; and

(ii) when rostered for duty as a bail justice, the person was reasonably available to perform the duties of a bail justice.

(2) The Governor in Council must not re-appoint a person as a bail justice unless—

(a) the person is under the age of 75 years; and

(b) the person is an Australian citizen; and



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(c) the person is not an insolvent under administration; and

(d) the Attorney-General is satisfied that the person—

(i) has satisfactorily completed the course of training prescribed for re-appointment as a bail justice; and

(ii) is fluent in the English language; and


(iv) is a fit and proper person to be re-appointed as a bail justice.

16 Oath of office

Before exercising any of the powers of a bail justice, a person appointed or re-appointed as a bail justice must take an oath or affirmation of office in the prescribed form and manner.

17 Term of appointment

The appointment or re-appointment of a person under this Division is for the period ending on the earlier of—

(a) 30 November in the fourth calendar year after the calendar year in which the appointment was made; or

(b) the day on which the person attains 75 years of age.

Example

Person A is appointed as a bail justice on 10 May 2015 and Person B is appointed as a bail justice on 10 December 2015. The appointment of both person A and person B as a bail justice expires on 30 November 2019 assuming neither attains 75 years of age before that date.

18 Certain office-holders to be bail justices



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(1) A person who holds a prescribed office is, by virtue of holding that office, a bail justice without the need for any appointment under this Act.

(2) Before exercising any of the powers of a bail justice for the first time, a person who is a bail justice by virtue of holding a prescribed office must—

(a) complete a course of training prescribed for the purposes of this section to the satisfaction of the Attorney-General; and

(b) take an oath or affirmation of office in the prescribed form and manner.

(3) A person who is a bail justice by virtue of holding a prescribed office is, while performing the duties of a bail justice, entitled to be paid the allowances fixed by the Governor in Council from time to time.

19 Validity of things done

Anything done by a bail justice in his or her capacity as a bail justice is not invalid only because of—

(a) a defect or irregularity in, or in connection with, the appointment or re-appointment of the bail justice; or

(b) the failure of the bail justice to take an oath or affirmation of office as required by section 16 or 18(2)(b); or

(c) the bail justice being suspended from office at that time.

20 Vacation of office

A person ceases to hold the office of bail justice if—

(a) the person resigns by written notice delivered to the Governor; or



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(b) the person becomes insolvent under administration; or

(c) in the case of a person appointed as a bail justice under section 14 or re-appointed as a bail justice under section 15—

(i) the term of appointment or re appointment expires; or

(ii) the person ceases to be an Australian citizen; or

(d) in the case of a person who holds the office of bail justice by virtue of holding another office—the person ceases to hold that other office; or

(e) the person is removed from office in accordance with section 37.

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PART 4—REQUIREMENTS OF HONORARY JUSTICES

Division 1—Requirement of justices of the peace to provide certain information

21 Provision of information to the Secretary

(1) The Secretary may make a written request to a justice of the peace to provide to the Secretary information that the Secretary may reasonably require relating to one or more of the following—

(a) training or professional development that has been, or is proposed to be, undertaken by the justice of the peace;

(b) the name, residential address and contact details of the justice of the peace;

(c) the extent to which the justice of the peace has been, or proposes to be, available to perform the duties of a justice of the peace and the duties that have been, or are proposed to be, undertaken;

(d) the compliance of the justice of the peace with the requirements made by or under this or any other Act;

(e) any matter that the justice of the peace is required by this Act to report to the Secretary;

(f) any matter that may be a ground for removal or suspension of the justice of the peace;

(g) any other prescribed matter.



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(2) A request by the Secretary under subsection (1) may be made to a justice of the peace—

(a) at any time if the Secretary reasonably believes that—

(i) the justice of the peace may have contravened a requirement made by or under this or any other Act; or

(ii) there may be grounds for the removal or suspension of the justice of the peace; or

(b) at any other time but not more than once every five years.

(3) A justice of the peace must provide information requested by the Secretary under subsection (1) within a reasonable time after the request is made.

Division 2—Requirements of honorary justices

22 Requirement to notify Secretary of change in circumstances

(1) Not later than 21 days after the occurrence of a change in his or her circumstances specified in subsection (2), an honorary justice must notify the Secretary in writing of that change.

(2) For the purposes of subsection (1), the following changes of circumstances must be notified—

(a) the honorary justice changes his or her name, residential address or contact details;

(b) the honorary justice ceases to be an Australian citizen;

(c) the honorary justice ceases to ordinarily reside in Victoria;

(d) the honorary justice becomes insolvent under administration;



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(e) the honorary justice has been charged with, or found guilty of—

(i) an offence punishable by a term of imprisonment of 6 months or more; or

(ii) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i);

(f) the honorary justice no longer has the physical or mental capacity to fulfil the duties of office;

(g) any other prescribed change of circumstances.

(3) An honorary justice to whom subsection (2)(e) applies must notify the Secretary of the outcome of the charge not later than 21 days after that outcome.

23 Requirement to undertake training or professional development

(1) An honorary justice must complete—

(a) any prescribed training or prescribed professional development; and

(b) any training that the Secretary directs in accordance with subsection (2).

(2) The Secretary may direct an honorary justice, or a class of honorary justices, to undertake training or professional development as specified in the direction.

24 Requirement to be reasonably available and active

(1) A justice of the peace must be reasonably available and reasonably active in the performance of his or her duties as a justice of the peace.



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(2) A bail justice must—

(a) be reasonably available to be rostered for duty as a bail justice; and

(b) when rostered for duty as a bail justice, be reasonably available to perform the duties of a bail justice.

(3) Subsection (2) does not apply to a bail justice referred to in section 18.

25 Requirement to comply with code of conduct

(1) An honorary justice must comply with a prescribed code of conduct applying to all honorary justices.

(2) An honorary justice must comply with a code of conduct prescribed for the class of honorary justice to which the honorary justice belongs.

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PART 5—SUSPENSION AND REMOVAL FROM OFFICE

26 Application of Part

This Part does not apply to a person who is a bail justice by virtue of holding a prescribed office referred to in section 18.

27 Suspension for failure to undertake training or professional development

(1) The Secretary may suspend an honorary justice from the office of justice of the peace or bail justice or both if—

(a) the Secretary believes that the honorary justice has unreasonably failed to undertake training or professional development in accordance with section 23; and

(b) the Secretary has given written notice of the proposed suspension in accordance with section 29.

(2) The Secretary's power to suspend under subsection (1) does not depend on—

(a) the existence of facts which would constitute grounds for removal of the honorary justice from office; or

(b) any matter referred to in section 28.

(3) The Secretary—

(a) must revoke a suspension under subsection (1) on being satisfied that the honorary justice has undertaken the training or professional development in accordance with section 23; and

(b) may revoke a suspension under subsection (1) if it is otherwise appropriate.



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28 Suspension on other grounds

(1) Subject to subsection (2), the Secretary may suspend an honorary justice from the office of justice of the peace or bail justice or both if the Secretary is satisfied on reasonable grounds that—

(a) an investigation is warranted as to whether there are grounds for removal of the honorary justice from office; or

(b) the honorary justice is charged with an offence which, if the honorary justice were found guilty or convicted of that offence, could justify his or her removal from office.

(2) The Secretary must not suspend an honorary justice under subsection (1) unless satisfied that the suspension is required—

(a) to protect the administration of justice; or

(b) because public confidence in the office of justice of the peace or bail justice (as the case may be) may be damaged if the honorary justice is not suspended.

(3) Unless there are other grounds for the continuing suspension of the honorary justice, the Secretary must revoke a suspension if—

(a) the honorary justice was suspended on the ground of having been charged with one or more offences; and

(b) all the charges are dismissed.

29 Notice of suspension

(1) If the Secretary decides to suspend an honorary justice from the office of justice of the peace or bail justice, the Secretary must give written notice of the suspension to the honorary justice specifying—



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(a) the grounds of suspension; and

(b) the date on which the suspension is to take effect.

(2) In the case of a proposed suspension under section 27, the date specified in the notice as the date on which the suspension is to take effect must be at least 21 days after the date of the notice.

30 Suspension of honorary justice

(1) The suspension of the honorary justice takes effect on the date specified in the notice given under section 29.

(2) While suspended, the honorary justice must not exercise or purport to exercise—

(a) any of the powers of the office from which the honorary justice has been suspended; or

(b) any other power that the honorary justice has by virtue of holding the office from which he or she has been suspended.

31 Appointment of investigator

(1) If the Secretary is satisfied on reasonable grounds that an investigation is warranted as to whether there are grounds for removal of an honorary justice from the office of justice of the peace or bail justice or both, the Secretary may appoint an investigator to undertake an investigation into the honorary justice's conduct.

(2) The Secretary may appoint an investigator under subsection (1) whether or not the honorary justice is suspended under section 28(1).

(3) An investigator appointed under subsection (1) must be a person who has served as a judicial officer in Victoria or another Australian jurisdiction.



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32 Investigation

(1) An investigator appointed by the Secretary under section 31 to undertake the investigation of the conduct of an honorary justice must—

(a) investigate whether there are grounds for removal of the honorary justice from office; and

(b) report to the Attorney-General the investigator's findings as to whether facts exist which could constitute grounds for removal of the honorary justice from office.

(2) Before commencing the investigation, the investigator must give the honorary justice written notice stating—

(a) the reason for the investigation; and

(b) that, not later than 21 days after being given the notice, the honorary justice may respond to the investigator, either orally or in writing or both, with respect to the matters contained in the notice.

(3) The time in which the honorary justice may respond to the investigator may be extended by agreement between the honorary justice and the investigator.

(4) The investigator must not make a report of his or her findings to the Attorney-General unless—

(a) the investigator has received and considered a written or oral response from the honorary justice in respect of the matters contained in the notice given under subsection (2); or

(b) the investigator has not received from the honorary justice a written or oral response from the honorary justice within 21 days



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after being given the notice or within such other period as agreed between the investigator and the honorary justice.

33 Grounds for removal

For the purposes of this Part, the grounds for removal of an honorary justice from the office are—

(a) the honorary justice has committed serious or repeated breaches of the code of conduct that applies to the honorary justice; or

(b) the honorary justice has unreasonably failed to comply with a direction by the Secretary under section 23(2) to undertake training or professional development; or

(c) the honorary justice has unreasonably failed to comply with a direction or request of the Secretary authorised by this Act; or

(d) the honorary justice has failed to carry out his or her duties; or

(e) the honorary justice has unreasonably failed to comply with any other requirement under this Act; or

(f) the honorary justice has been found guilty or convicted of—


(ii) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i); or

(g) the honorary justice no longer has the physical or mental capacity to discharge the duties of office; or

(h) the honorary justice has engaged in misconduct or misbehaviour sufficient to



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justify removal (whether or not the conduct or behaviour was engaged in by the honorary justice while holding office); or

(i) the honorary justice has brought the office of justice of the peace or bail justice into disrepute (whether or not the honorary justice did so while holding office); or

(j) the honorary justice is not ordinarily resident in Victoria.

34 Recommendation that honorary justice be removed from office

(1) The Attorney-General may recommend to the Governor in Council that an honorary justice be removed from office if—

(a) the Attorney-General receives a report from an investigator which includes the investigator's findings that facts exist which could constitute grounds for removal of the honorary justice from office; or

(b) the honorary justice has been found guilty or convicted of—


(ii) an offence, that if committed in Victoria, would constitute an offence referred to in subparagraph (i).

(2) If the Attorney-General decides not to recommend the removal of the honorary justice—

(a) the Attorney-General must notify the Secretary of the decision as soon as practicable after the decision is made; and

(b) if the honorary justice is suspended from office under section 28(1), the Secretary must revoke the suspension.



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35 Findings that facts do not exist which could constitute grounds for removal

(1) If an honorary justice has been suspended from office under section 28(1)(a) before or during an investigation of his or her conduct under section 32 and the report of the investigator includes the investigator's findings that facts do not exist which could constitute grounds for removal of the honorary justice from office—

(a) the investigator must provide a copy of the report to the Secretary; and

(b) the Secretary must revoke the suspension of the honorary justice.

(2) If an investigator has found facts do not exist which could constitute grounds for removal of an honorary justice from office, the investigator may include in his or her report to the Attorney-General recommendations in relation to the honorary justice.

(3) Recommendations included in the report of an investigator may include one or more of the following—

(a) that the honorary justice apologise;

(b) that the honorary justice undertake training or professional development;

(c) other recommendations relating to the future conduct of the honorary justice.

36 Notification to honorary justice of revoking of suspension

(1) If the suspension of an honorary justice is revoked under section 27(3), 28(3), 34(2)(b) or 35(1)(b), the Secretary must give written notice to the honorary justice stating—



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(a) that the suspension has been revoked; and

(b) the date on which the revocation takes effect.

(2) The revocation of a suspension takes effect on the date specified in the notice.

37 Removal from office

(1) The Governor in Council may remove an honorary justice from the office of justice of the peace or bail justice or both on the recommendation of the Attorney-General under section 34 but not otherwise.

(2) Notice of the removal of an honorary justice from office specifying the date of removal must be published in the Government Gazette.

38 Re-appointment after removal

A person who is removed from the office of justice of the peace or bail justice must not be appointed or re-appointed as a justice of the peace or bail justice within 5 years after the date on which the person was removed from that office.

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PART 6—USE OF TITLES

39 Use of title by person holding office

(1) A person holding the office of justice of the peace may use the title "Justice of the Peace" or use the letters "JP" after the person's name.

(2) A person holding the office of bail justice may use the title "Bail Justice" or use the letters "BJ" after the person's name.

40 Permission for retired person to use title

(1) An application may be made to the Secretary by or on behalf of a person for permission—

(a) to use the title "JP (Retired)" after the name of the person; or

(b) to use the title "BJ (Retired)" after the name of the person.

(2) An application under subsection (1) must be made not later than 12 months after the person ceases to hold office as a justice of the peace or bail justice (as the case may be).

(3) Subject to subsection (5), the Secretary may grant the permission if the person has ceased to hold office as a justice of the peace or a bail justice (as the case may be) and either—

(a) the person performed 20 years of service as a justice of the peace or bail justice (as the case may be); or

(b) the person performed 10 years of service as a justice of the peace or bail justice (as the case may be) and—

(i) at the time the person ceased to hold the office of justice of the peace or bail justice (as the case may be), the person was of or over the age of 75 years; or



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(ii) the person ceased to hold the office of justice of the peace or bail justice (as the case may be) on the grounds of ill-health.

(4) For the purposes of subsection (3), the period of service as a justice of the peace or bail justice need not be continuous.

(5) The Secretary must not grant the permission if—

(a) the person was removed from office under section 37; or

(b) the person is an insolvent under administration; or

(c) the Secretary is satisfied that the person is not a fit and proper person to use the title.

41 Requirements applying to retired person permitted to use title

(1) A person who is granted permission under section 40 to use the title "JP (Retired)" or "BJ (Retired)" after his or her name—

(a) must not exercise any of the powers of a justice of the peace or a bail justice if the person has retired from that office; and

(b) not later than 21 days after the occurrence of a change in his or her circumstances specified in subsection (2), must notify the Secretary in writing of that change.

(2) For the purposes of subsection (1)(b), the following changes of circumstances must be notified—

(a) the person becomes insolvent under administration;



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(b) the person has been convicted or found guilty of—


(ii) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i).

42 Cessation or revocation of permission to use title

(1) A person's permission to use the title "JP (Retired)" or "BJ (Retired)" ceases on—

(a) the Attorney-General being notified in writing by the person that the person no longer wishes to use the title; or

(b) the person becoming an insolvent under administration.

(2) Subject to subsection (3), permission to use the title "JP (Retired)" or "BJ (Retired)" granted under section 40 may be revoked by the Attorney-General on one or more of the following grounds—

(a) the person has been convicted or found guilty of—


(ii) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i);

(b) the person's use of the title or other behaviour is such that the continued use of the title by the person could bring the office of justice of the peace or bail justice (as the case may be) into disrepute;

(c) any prescribed ground.



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(3) The Attorney-General must not revoke the permission of a person to use the title "JP (Retired)" or "BJ (Retired)" (as the case may be) unless an investigator appointed by the Secretary to investigate the conduct of the person has found that facts exist which could constitute grounds for revoking the permission.

(4) Section 32, with the necessary changes, applies to an investigation conducted by an investigator appointed under subsection (3).

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PART 7—OFFENCES

43 Impersonating honorary justice

(1) A person who is not a justice of the peace must not in any way hold himself or herself out to be a justice of the peace.

Penalty: Imprisonment for 6 months.

(2) A person who is not a bail justice must not in any way hold himself or herself out to be a bail justice.


44 Use of title without authorisation

A person must not use the title "JP (Retired)" or "BJ (Retired)" unless—

(a) the person is permitted under this Act to use the title; or

(b) the person is otherwise authorised under the laws of the Commonwealth, another State, a Territory or another country to use the title.

Penalty: 10 penalty units.

45 False or misleading information

(1) This section applies to information provided by a person—

(a) to the Secretary or the Attorney-General in relation to—

(i) an application by the person to be appointed or re-appointed as a justice of the peace or bail justice; or

(ii) the person's capacity as a justice of the peace or bail justice; or

(iii) any change of circumstances required to be notified by section 22 or 41; or



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(b) to an investigator appointed under section 31(1) or 42(3) to investigate the conduct of the person.

(2) The person must not provide information that is false or misleading—

(a) knowing that the information is false or misleading; or

(b) being reckless as to whether the information is false or misleading.


(3) Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence against subsection (2) may be commenced any time within 3 years after the commission of the alleged offence.

46 Demanding, taking or accepting fee, gratuity etc.

(1) A justice of the peace must not demand, take or accept from any person any fee, gratuity, patronage or reward for carrying out the duties of a justice of the peace.


(2) Subject to subsection (3), a bail justice must not demand, take or accept from any person any fee, gratuity, patronage or reward for carrying out the duties of a bail justice.


(3) Subsection (2) does not apply to—

(a) an honorarium or allowances paid by the State to a bail justice in relation to his or her activities as a bail justice; or

(b) in the case of a person referred to in section 18 who is a bail justice by virtue of holding a prescribed office—the



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remuneration paid to the person in respect of the prescribed office.

(4) For the purposes of subsections (1) and (2), it is immaterial whether the fee, gratuity patronage or reward is paid to the justice of the peace or bail justice or to another person or whether the justice of the peace or bail justice personally benefits from the fee, gratuity, patronage or reward.

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PART 8—GENERAL

47 Delegation by the Secretary

The Secretary may by instrument delegate any power, function or duty of the Secretary under this Act or the regulations made under this Act, other than this power of delegation, to any employee or class of employees employed under Part 3 of the Public Administration Act 2004.

48 Guidelines

(1) The Secretary may make guidelines for or with respect to any matter relating to honorary justices including the following—

(a) the process relating to the appointment of honorary justices;

(b) the manner in which honorary justices are to exercise their powers;

(c) the handling of complaints against honorary justices;

(d) the use of titles by retired honorary justices.

(2) The Secretary may from time to time amend or revoke any guidelines made under subsection (1).

49 Regulations

(1) The Governor in Council may make regulations for or with respect to the following—

(a) a code of conduct applying to all honorary justices or to a class of honorary justices that includes, but is not limited to, the following matters—

(i) the use of titles;

(ii) conflicts of interest;

(iii) competency and knowledge requirements;



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(iv) the confidentiality of information gained by an honorary justice in the course of carrying out his or her functions as an honorary justice;

(v) the requirement to be reasonably available and active;

(b) courses of training or professional development to be completed by any of the following—

(i) a person seeking to be appointed as an honorary justice;

(ii) a person seeking to be re-appointed as a bail justice;

(iii) a person appointed to the office of justice of the peace or bail justice;

(iv) a person who is a bail justice by virtue of holding a prescribed office;

(c) offices that are prescribed for the purposes of section 18;

(d) the form and manner of the oath or affirmation of office that is to be taken by an honorary justice;

(e) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstances; and



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(c) require matters to be—

(i) in accordance with specified standards or specified requirements; or

(ii) approved by or to the satisfaction of a specified person or body or class of persons or bodies; or

(iii) as specified in both subparagraphs (i) and (ii); and

(d) confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies; and

(e) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person; and

(f) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations whether unconditionally or on specified conditions and either wholly or to such an extent as specified.

50 Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act.

(2) Regulations under this section may—

(a) have a retrospective effect to the day on which this Act received the Royal Assent; and

(b) be of limited or general application; and



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(c) leave any matter or thing to be decided by a specified person or class of persons; and

(d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.

(3) Regulations made under this section have effect despite anything to the contrary—

(a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or

(b) in any subordinate instrument.

(4) This section is repealed on the second anniversary of the day on which it comes into operation.

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PART 9—TRANSITIONAL PROVISIONS

51 Definition

In this Part—

commencement day means the day on which section 55 comes into operation.

52 General transitional provisions

(1) This Part does not affect or take away from the Interpretation of Legislation Act 1984.

(2) This Part applies despite anything to the contrary in any other provision of this Act.

53 Justices of the peace

(1) The appointment of a person as a justice of the peace that is in force immediately before the commencement day is, on and after that day, taken to be an appointment under section 7 and continues until the person ceases to hold office under section 10.

(2) A person who, immediately before the commencement day, holds the office of justice of peace under section 115(5)(b) of the Magistrates' Court Act 1989 is, on and after that day, taken to be appointed under section 7 and continues to hold that office for the period of 12 months from that day unless the person ceases to hold office under section 10.

(3) Section 24 does not apply to a person referred to in subsection (2).

54 Bail justices

(1) The appointment, or re-appointment, of a person as a bail justice that is in force immediately before the commencement day is, on and after that day, taken to be an appointment under section 14 and continues for the remainder of the term of the



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original appointment or re-appointment unless the person ceases to hold office under section 20.

(2) A person who, immediately before the commencement day, holds office as an acting bail justice is, on and after that day, taken to hold office as a bail justice until the earlier of—

(a) the day on which the person attains the age of 75 years; or

(b) the person ceases to hold office under section 20.

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PART 10—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

55 Amendment of Magistrates' Court Act 1989

Part 6 of the Magistrates' Court Act 1989 is repealed.

56 Amendment of Bail Act 1977

In section 3 of the Bail Act 1977 the definition of bail justice is repealed.

57 Amendment of Interpretation of Legislation Act 1984

In section 38 of the Interpretation of Legislation Act 1984, for the definition of bail justice substitute—

"bail justice means—

(a) a person appointed as a bail justice under section 14 of the Honorary Justices Act 2014; or

(b) a person re-appointed as a bail justice under section 15 of the Honorary Justices Act 2014; or

(c) a person who is a bail justice by virtue of holding a prescribed office under section 18 of the Honorary Justices Act 2014;".

58 Amendment of Seamen's Act 1958

In section 3 of the Seamen's Act 1958 omit "justice or".



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59 Repeal of Part

This Part is repealed on 1 September 2015.Note

The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 19 February 2014

Legislative Council: 3 April 2014

The long title for the Bill for this Act was "A Bill for an Act to provide for the appointment of justices of the peace and bail justices, together to be known as honorary justices, the use of titles by current and retired honorary justices and other matters relating to honorary justices and for other purposes."

Honorary Justices Act 2014 - legislation.vic.gov.auFILE/14-032a.docx · Web vieworiginal...

Documents

Transcript of Honorary Justices Act 2014 - legislation.vic.gov.auFILE/14-032a.docx · Web vieworiginal...