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A handbook for
Justices of the Peace
in New South Wales
8/13/2019 Jp Handbook 2014
2/472 A handbook for Justices of the Peace in New South Wales
State of New South Wales through the Department of Attorney General & Justice 2011.
You may copy, distribute, display, download and otherwise freely deal with this work for any
purpose, provided that you attribute the Department of Attorney General & Justice as the
owner. However, you must obtain permission if you wish to (a) charge others for access to
the work (other than at cost), (b) include the work in advertising or a product for sale, or (c)
modify the work.
This document has been prepared by the Department of Attorney General & Justice for
general information purposes. While every care has been taken in relation to its accuracy, no
warranty is given or implied. Further, recipients should obtain their own independent advice
before making any decisions that rely on this information.
This information is available on the website www.jp.nsw.gov.au and can be provided in
alternative formats such as Braille, audiotape, large print or computer disk.
For alternative formats, contact:
Community Relations Unit
Phone: (02) 8688 7586
TTY: (02) 8688 7733 (for people who are deaf or have a speech impairment)
Email: [email protected]
Published Sydney October 2009 Fourth Edition
Reprinted with amendments June 2011
ISBN 978-1-921301-80-3
"... I will do right to all manner of people, after the laws and
usages of the State of New South Wales, without fear or
favour, affection, or ill-will."
Extract from the Oaths of Office for appointment
as a Justice of the Peace in NSW
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Contents
Section 1 Introduction ............................................................................................................................3
1.1 Your role as a Justice of the Peace .........................................................................................4
1.2 Your obligations as a Justice of the Peace ..........................................................................4
Section 2 Performing your duties as a Justice of the Peace.............................. 5
2.1 Witnessing the signing of a document..................................................................................6
2.2 Witnessing a statutory declaration..........................................................................................9
2.3 Witnessing an affidavit ................................................................................................................16
2.4 Witnessing an affidavit of a person who does not speak English.........................21
2.5 Checking or certifying identification requirements........................................................25
2.6 Certifying copies of original documents .............................................................................26
2.7 Using the title of Justice of the Peace.................................................................................28
2.8 Using a stamp .................................................................................................................................28
2.9 Dealing with requests for Justice of the Peace services ............................................29
2.10 Checking a person's identity ...................................................................................................29
Section 3 Important information about your appointment................................ 31
3.1 Justices of the Peace register .................................................................................................32
3.2 Notifying changes in your name, address or contact details...................................32
3.3 Your term of appointment ..........................................................................................................33
3.4 Code of Conduct for Justices of the Peace .....................................................................34
3.5 Review of appointment and removal from office...........................................................34
Glossary ..........................................................................................................................................................37
Appendix .........................................................................................................................................................38
Code of Conduct for Justices of the Peace in NSW ................................................................38
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About this handbook
This handbook is a guide for Justices of the Peace (JPs) in New South Wales
(NSW). It constitutes the guidelines issued for the purpose of section 8 of the
Justices of the Peace Act 2002(the Act).The handbook is written to help you, in your role as a JP, to understand
the duties of a JP and to carry out those duties in a proper and responsible
manner.
The handbook also clarifies your other obligations, such as informing the
Department of Attorney General & Justice of any change in your contact
details and about matters that might affect your appointment.
Using this handbook
You must read this handbook before starting any duties as a JP. Failure
to follow correct procedures when undertaking JP duties may cause your
appointment to be reviewed.
The latest information and any updates to this handbook will be available at
www.jp.nsw.gov.au.
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1
This section provides an overview of your appointment,
obligations and role as a Justice of the Peace in
New South Wales.
Section 1
Introduction
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1 IntroductionCongratulations on your appointment as a Justice of the Peace (JP) in New South Wales
(NSW). You have been appointed as a JP by the Governor of NSW under the Justices of the
Peace Act 2002. You can access a copy of the Act by going to the website
www.legislation.nsw.gov.au.
Your appointment is for a term of five years. You may apply for reappointment if there is a
continuing need for your appointment. An application for reappointment may be lodged from 12
months before the end of your term. The expiry date of your current term is listed on your letter
of appointment.
Other important information about your appointment is in Section 3of this handbook.
Some JPs carry out their functions as part of the duties of their employment, while other JPs
serve members of the community on a voluntary basis. No matter which type of JP you are,
thank you for becoming a JP and for serving the people of NSW in the years ahead.
1.1 Your role as a Justice of the Peace
As a JP, you play an essential part in the legal system and in the community in NSW.
The two main functions of a JP are to witness the signing of documents such as affidavits and
statutory declarations, and to certify copies of documents. Some of these documents may be
required in court proceedings. Other documents may be needed for people to access benefits or
to meet their legal responsibilities.
You must understand how to carry out each function of a JP correctly. To help you in your role as
a JP, read this handbook and keep it near you when you act as a JP.
The functions of a JP are detailed in Section 2of this handbook.
1.2 Your obligations as a Justice of the Peace
Your appointment as a JP means that you are trusted to be honest and careful, every time you
carry out your functions as a JP.
As a JP, you have a duty of carein relation to the documents you witness or certify. This means
you have a legal obligation to follow correct procedure when acting as a JP, in order to avoid
your actions causing harm to another person. For example, a person who suffers a financial lossbecause a JP did not follow the correct procedure for witnessing the signing of a document may
have cause to take legal action against the JP.
Following the advice in this handbook will help you to meet your duty of care to others in the
community.
Your appointment as a JP is also subject to the Code of Conduct for Justices of the
Peace in NSW.The Code of Conduct explains the acceptable standards of conduct for
JPs. You must understand and comply with the Code of Conduct. Failure to comply may
mean that your appointment as a JP is reviewed.
A copy of the Code of Conduct for JPs in NSW is provided at the back of thishandbook.
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Section 2
Performing your duties as a
Justice of the Peace
This section describes the duties of a Justice of the Peace
and provides recommended step-by-step procedures for
carrying out each duty.
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2 Performing your duties as a Justice of the Peace
It is important that you use a standard procedure when witnessing or certifying documents
as a JP, and that you use the same procedure every time.
This is particularly important if you are asked later about a specific document which you witnessed
or certified. For example, you may be asked to give evidence in court about the signing of a
document. You may not be able to remember every document you have witnessed. However
if you use the same procedure every time, you can truthfully describe how you witness every
document, even if you cannot remember the specific document in question.
2.1 Witnessing the signing of a document
As a JP, you may be asked to act as a witness when a person signs a document. The person whosigns the document is called the signatory.
The purpose of your role as a witness is to provide independent verification that the signatory
signed the document himself or herself. This independent verification may be very important to
a court, a government agency or a business in deciding whether or not to accept the document
as genuine.
For this reason, it is essential that you only witness a document after you have actually seen the
person sign the document in front of you. You must never act as witness to a document which
has already been signed when it is brought to you.
The types of documents you may be asked to witness include: Seniors Card applications
divorce applications
immigration forms
insurance documents
documents issued by interstate and international authorities.
The above is not an exhaustive list, and there may be other types of documents you may be
asked to witness.
Step-by-step procedure
Step 1: Check if a JP can witness the document
The document will usually list the categories of people who can witness it. You must check if a
JP is included. For example, a document for use overseas may require a Notary Public to witness
it instead of a JP. If a JP is not listed, you should explain to the person who has asked you to
witness it that you cannot do so.
A Notary Public is a public officer, usually a practising solicitor or attorney, who is appointed
by a state or territory Supreme Court. A Notary Public has statutory powers to witness
documents, administer oaths, and perform other administrative functions of a national and
international nature. Information about locating a Notary Public is available on the websitewww.notarylocator.com.au/NSW.
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If the document is not a statutory declaration (like the ones on pages 13 to 15) or an affidavit (like
the one on pages 19 and 20), the top of the document will usually indicate the law under which
the document is required. If the document is a form required by a government or business agency,
it will have the agencys name and other details on the form. If no such details are stated, or there
is no indication that a JP is required to witness the document, you should ask the signatory toexplain why he or she believes it needs to be witnessed by a JP. Note that some documents only
require the witness to be an independent adult, rather than a JP. If you witness these types of
documents, you should not sign as a JP.
Step 2: Confirm the name and signatory match, and ask for proof of identity if
necessary
The person signing the document must be the same person named in the document. A person
cannot sign a document on behalf of another person.
You must ask for proof of identity:
if you are not satisfied about the identity of the person intending to be the signatory, or if proof of identity is a requirement of the document you have been asked to witness.
You can accept any form of photo identification, unless the document requires a particular form
of identification. For example, the document may require you to sight the signatorys passport or
citizenship certificate.
If the signatory has no photo identification, and you are not satisfied about his or her identity, you
must decline to witness the document.
Step 3: Look for any special requirements
You must check if the document has any special requirements before you witness it. Examples of
special requirements may include that you:
know the signatory personally
check the signatorys identity
confirm the signatorys Australian residency status.
Step 4: Look for any alterations or omissions
While you do not need to read the content of the document in detail, you must check the document
for any irregularities.
Both you and the signatory must write your initials next to any alteration or omission on the
document. If you find that a part of the document has been left blank, you should suggest thesignatory complete that part, if it is relevant. If it is not relevant, the part of the document left blank
must be crossed out. This can be done by drawing separate straight lines at the top and bottom
ends of the blank space and then drawing a line from the top right hand side to the bottom left
hand side to create a Z over the blank area of the page.
Step 5: Check if the person understands
Before witnessing a persons signature to a document, always ask if he or she has read the
document and fully understands the nature and purpose of the document. You can do this by
asking open-ended questions such as What kind of document is it? or Do you know what it
means? etc.
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Step 6: See the person sign the document in front of you
The signatory must sign the document in front of you. If there is more than one place on the
document that requires signing, you must witness each signature separately. You must never
witness:
a document which was already signed when it was brought to you, or
a blank or partially-completed document, for the signatory to complete or sign later.
Step 7: Sign and print your full name, JP registration number and other details
After you have seen the signatory sign the document, you must immediately sign and add your
full name and your JP registration number in the space provided.
Some documents may ask you also to provide additional information such as your address.
Frequently asked questions
Do I have to read the contents of each document I witness?
You are not required to read the contents of the document in detail. However you will need to look
through the document in order to carry out the procedure outlined above.
Is it necessary for me to keep a copy of documents I have witnessed?
No, you cannot keep a copy. It is not necessary or appropriate for you to do so.
What if I cannot comply with a requirement set out in the document?
If you cannot meet a particular requirement about witnessing the document, you must decline
to witness the document. For example, citizenship applications require you to have known the
signatory for a specified period of time. If you have not known the signatory for the specified
period of time, you must decline to witness the document.
Can I leave out some details required by a document, such as my address?
No, you must provide all the information required by the document. If the document requires
details which you do not have, you should decline to witness the document.
If the document requires your street address, and you hold reasonable fears about the privacy or
security of that information if it were recorded on the document being witnessed, you may declineto witness the document. However this would be an exceptional circumstance and it is important
to note that the Code of Conduct for JPs requires that you do not unreasonably refuse to provide
JP services.
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2.2 Witnessing a statutory declaration
As a JP, you may be asked to witness another person making a statutory declaration.
A statutory declaration is a written statement declaring that the information provided is trueand correct. The person who makes the statutory declaration is called the declarant. There
are penalties for a declarant who makes a false declaration.
Many government departments, statutory authorities and businesses require information to be
provided by way of a statutory declaration. Some laws specifically require that information be
provided by way of a statutory declaration.
Note that it is an offence for a person to take or receive a statutory declaration if he or she is
not authorised to do so. This applies to a JP who has not yet taken the oaths of office, whose
appointment has lapsed, who has resigned or who has been removed from office.
Step-by-step procedure
Step 1: Check you are satisfied as to the declarants identity
You must be satisfied that the person preparing to sign is the same person whose name appears
at the start of the statutory declaration. If you are not satisfied, you must ask to see an identity
document. You can accept any form of photo identification, unless a particular form of identification
is specified. You should not proceed to witness the statutory declaration if you are not satisfied
about the person's identity.
Step 2: Check the correct format
You must check that the statutory declaration is in the correct format. The standard wording and
format of a statutory declaration is important because it is set under legislation which provides
that a declarant is liable to a penalty if he or she makes a false declaration.
The standard wording of a NSW statutory declaration is prescribed by the Oaths Act 1900.
The standard wording of the Commonwealth statutory declaration is prescribed by the Statutory
Declarations Act 1959(Cwth).
You should familiarise yourself with the examples of statutory declaration forms shown
on pages 13 to 15.
Although statutory declarations come in differing forms, they all include similar text at the start
of the statutory declaration and at the end. You must not witness a form that is not correctly setout or if it is blank. You should note that the Commonwealth statutory declaration requires your
address. This can be a postal or business address but not an email address.
Step 3: Look for any annexures
An annexure is an attachment of additional pages. If an annexure is included it must be referred
to in the statutory declaration.
If there is more than one annexure, they must all be marked in alphabetical order, for example,
Annexure A, Annexure B and Annexure C. The alphabetical marking can be placed in a
conspicuous position on the annexure, for instance at the top of the page.
Changes to the law from 30 April 2012, mean thatNSW JPs must take additional steps to confirm theidentity of a person making a NSW statutorydeclaration or affidavit. Please refer to Ruling 003 atthe end of this handbook.
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For an annexure which is only one page, the following statement must be included on the
annexure:
This is the annexure marked [insert A, or B or Cetc as appropriate] referred to in the
statutory declaration of [insert name of declarant], declared before me this [insert date] day of
[insert month, year]. [insert your signature, full name and JP registration number]
For an annexure which is more than one page, the following statement must be included on the
firstpage of the annexure:
This and the following [insert number of pages] pages is the annexure marked [insert A,
or B or C etc as appropriate] referred to in the statutory declaration of [insert name of
declarant], declared before me this [insert date] day of [insert month, year].
[insert your signature, full name and JP registration number]
The above statement should preferably be placed at the bottom of the first page of the annexure
if the space allows it. The statement should not deface or obscure the contents of the annexure.
If the above statement has not been included on an annexure to a statutory declaration you have
been asked to witness, it must be placed on the annexure before you witness it. It is sufficient if
the statement is written by hand.
Step 4: Look for any alterations, erasures and blank spaces
You must never sign a blank statutory declaration. You must ensure that the declarant has filled in
the space for the declaration and his or her details.
If there are any alterations on the statutory declaration, both you and the declarant must write
your initials next to each alteration.
Any blank space at the end of the statutory declaration should be crossed out. This may be done
by drawing separate lines at the top and bottom ends of the blank space and then drawing a line
from the top right hand side to the bottom left hand side to create a Z over the blank area of the
page.
Step 5: Warn the declarant
You must warn the declarant that there are penalties for making a false declaration. Under both NSW
and Commonwealth laws, the penalties for making a false declaration include imprisonment.
Step 6: Check the declarant understands
You must ask the declarant if he or she understands the contents of the statutory declaration. If
he or she does not understand, or is not familiar with the contents of the statutory declaration,
you must decline to witness it.
If the declarant has a visual impairment or cannot read, you must read the entire document aloud
to the declarant.
You can explain to the declarant that the contents of the document will remain confidential but you
have to read it aloud to be sure that he or she understands and agrees with it.
Step 7: Ask the declarant to declare the contents are true and correct
You must ask the declarant the following question:
Do you declare the contents of this declaration to be true and correct, to the best of your
knowledge and belief?
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Step 8: Watch the declarant sign the statutory declaration in front of you
If the declarant has agreed that the contents are true and correct, ask the declarant to sign the
statutory declaration. He or she must sign it in your presence.
If the declarant is unable to sign because he or she has a visual impairment or is illiterate, ask the
person to make a mark on the document. After the person has made the mark:
insert the following information around the mark
His/Her
[insert the declarants first name] X [insert the declarants last name]
mark
include the following certification at the end of the document
I have read the contents of the document to [insert name of the declarant] and he/she
appeared to me to understand the contents of the statutory declaration, and he/she placed
his/her signature / mark on the document in my presence.
If the declarant is unable to sign or make a mark on the statutory declaration due to a motor or
physical disability, write the following certification at the end of the document:
I certify that [insert full name of declarant] agrees with the contents of this document but is
physically unable to sign or make a mark.
Step 9: Sign and print your full name, JP registration number and other details
After you have seen the declarant sign or make a mark on the statutory declaration, you must
immediately sign, print your full name, your qualification (JP), and your JP registration number in
the space provided.
You must also include any additional information requested on the form, such as an address.
A Commonwealth statutory declaration requires your address. This can be a postal address orbusiness address, but not an email address.
Frequently asked questions
Who can witness a NSW statutory declaration?
A NSW statutory declaration in the forms shown on pages 13 and 14of this handbook can be
witnessed by:
a Justice of the Peace
an Australian legal practitioner
a Notary Public
a commissioner of the court for taking affidavits
any other person authorised by law to administer an oath.
Who can witness a Commonwealth statutory declaration?
The list of people who can witness a Commonwealth statutory declaration is provided with the
Commonwealth statutory declaration form. A NSW JP is included on that list.
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Should I witness a persons statement or claim that is not in the form of a statutory
declaration?
Your role is limited to legal and other official documents that require a JP to act as a witness. You
should not witness documents as a JP which are not correctly set out, or agree to sign personal
statements or claims made by a person, simply because the person asks you to do so.
Can I witness any documents while I am outside of NSW?
No, you must be physically present in NSW to exercise your functions as a JP for NSW. You are
not authorised to act as a JP for NSW while you are in another state, territory or country.
The Oaths Act 1900provides that an oath declaration or affidavit made outside of NSW may
be taken before any person who has authority to administer an oath or affidavit in that place or
country.
Can I leave out some required details, such as my address?
No, you must provide all the information required by the document. If the document requires
details which you do not have, you should decline to witness the document.
If the document requires a street address, and you hold reasonable fears about the privacy or
security of that information if it were recorded on the document being witnessed, you may decline
to witness the document. However this would be an exceptional circumstance and it is important
to note that the Code of Conduct for JPs requires that you do not unreasonably refuse to provide
JP services.
Can I witness interstate and overseas documents as a NSW JP?
As your appointment as a JP is made under NSW legislation, your role and authority is generally
applicable to NSW and Commonwealth documents. However you may witness a document for
use interstate or overseas if the particular document specifically allows it. This means that you
must first check to see if a NSW JP is permitted to act as a witness for that particular document,before proceeding to act as witness. When signing a document for use interstate or overseas, you
may sign: Justice of the Peace in and for the State of New South Wales, Australia.
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This is example 1of the format of a NSW statutory declaration form
Statutory Declaration
OATHS ACT 1900, NSW, EIGHTH SCHEDULE____________________
I, ..........................................................................................................................
do solemnly and sincerely declare that, ................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
and I make this solemn declaration conscientiously believing the same to be true,
and by virtue of the provisions of the Oaths Act 1900.
Declared at: .................................................. on ................................................
[place] [date]
in the presence of:
........................................................... ..........................................................[Signature of witness] [Signature of declarant]
...........................................................[Name of witness]
...........................................................[Qualification of witness] Justice of the Peace, Australian legal practitioner, other(specify)
JPs must include
their full name and
registration number in
this section
The declarant must
enter his or her name
and address here
The declarant must
enter his or her
statements here
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This is example 2of the format of a NSW statutory declaration form
Statutory Declaration
OATHS ACT 1900, NSW, NINTH SCHEDULE____________________
I, ..........................................................................................................................
do hereby solemnly declare and affirm that, .........................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
And I make this solemn declaration, as to the matter (or matters) aforesaid,
according to the law in this behalf madeand subject to the punishment by law
provided for any wilfully false statement in any such declaration.
Declared at: .................................................. on ................................................
[place] [date]
in the presence of:
........................................................... ..........................................................[Signature of witness] [Signature of declarant]
...........................................................[Name of witness]
...........................................................[Qualification of witness] Justice of the Peace, Australian legal practitioner, other(specify)
JPs must include
their full name and
registration number in
this section
The declarant must
enter his or her name
and address here
The declarant must
enter his or her
statements here
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This is an example of the format of a Commonwealth statutory declaration
Commonwealth of Australia
STATUTORY DECLARATIONStatutory Declarations Act 1959
1 Insert the name,
address and occupation
of person making the
declaration
I,1
make the following declaration under the Statutory Declarations
Act 1959:
2 Set out matter declared
to in numbered
paragraphs
2
I understand that a person who intentionally makes a false
statement in a statutory declaration is guilty of an offence under
section 11 of the Statutory Declarations Act 1959, and I believe that
the statements in this declaration are true in every particular.
3 Signature of person
making the declaration
3
4 Place
5 Day
6 Month and year
Declared at 4 on 5 of 6
Before me,
7 Signature of person
before whom the
declaration is made (see
over)
7
8 Full name, qualification
and address of person
before whom the
declaration is made (in
printed letters)
8
Note 1A person who intentionally makes a false statement in a statutory declaration
is guilty of an offence, the punishment for which is imprisonment for a term of
4 years see section 11 of the Statutory Declarations Act 1959.
Note 2Chapter 2 of theCriminal Codeapplies to all offences against theStatutory
Declarations Act 1959 see section 5A of the Statutory Declarations Act 1959.
JPs must include
their full name and
registration number in
this section
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2.3 Witnessing an affidavit
An affidavit is a written statement for use as evidence in court proceedings. The person who
makes an affidavit is called the deponent. When witnessing an affidavit, a JP must hear the
deponent take an oath or affirmation.
An oath is a form of words spoken by a person to promise that he or she is telling the truth.
An oath refers to the God recognised by the religion of the person swearing the oath.
An affirmationhas the same legal effect as an oath, but does not refer to God. Any person may
choose to take an affirmation instead of an oath.
After the deponent takes the oath or affirmation, the deponent and the JP complete the section
at the end of the affidavit. This section is called thejurat.
Step-by-step procedure
Step 1: Check you are satisfied as to the deponents identity
You must be satisfied that the person preparing to sign is the same person whose name appears at
the start of the affidavit. If you are not satisfied, you must ask to see an identity document. You can
accept any form of photo identification, unless a particular form of identification is specified. You
should not proceed to witness the affidavit if you are not satisfied about the person's identity.
Step 2: Ask the deponent to choose either an oath or affirmation
When a person contacts you about witnessing an affidavit, it is a good idea to ask if he or she
chooses to take an oath or an affirmation. If the deponent wants to take an oath, the deponentmay wish to bring the holy book appropriate to his/her religion and beliefs. However it is not
necessary for a holy book or religious text to be used in taking an oath.
Step 3: Check the correct format of the affidavit
You must check that the affidavit is in the correct format. You should become familiar with the
example on pages 19 to 20 of this handbook.
An affidavit usually has the court details at the top and the filing details at the bottom of the first
page. The deponents statement also starts on the first page and may continue on second and
subsequent pages.
Step 4: Look for any alterations, erasures and blank spaces
While you do not need to read the content of the affidavit in detail, you must check it for
completeness and for any alterations or erasures. You must never sign an affidavit that does not
contain the deponent's statements, in other words, that is blank.
If there are alterations or erasures on the affidavit, both you and the deponent must place your
initials next to the alterations or erasures.
If there is any blank space left at the end of the deponent's statements, you must place a line
through the blank space, to ensure that additional words cannot be inserted after you have
witnessed the affidavit. This can be done by drawing separate straight lines at the top and bottom
ends of the blank space and then drawing a line from the top right hand side to the bottom left
hand side to create a Z over the blank area of the page.
Changes to the law from 30 April 2012, mean thatNSW JPs must take additional steps to confirm theidentity of a person making a NSW statutorydeclaration or affidavit. Please refer to Ruling 003 atthe end of this handbook.
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Step 5: Look for any annexures
An annexure is an attachment of additional pages. If an annexure is included it must be referred to
in the affidavit. If there is more than one annexure, they must all be marked in alphabetical order,
for example, Annexure A, Annexure B and Annexure C. The alphabetical marking can be
placed in a conspicuous position on the annexure, for instance at the top of the page.
For an annexure which is only one page, the following statement must be included on the
annexure:
This is the annexure marked [insert A, or B or C etc as appropriate] referred to in the affidavit
of [insert name of deponent], declared before me this [insert date] day of [insert month, year].
[insert your signature, full name and JP registration number]
For an annexure which is more than one page, the following statement must be included on the
firstpage of the annexure:
This and the following [insert number of pages] pages is the annexure marked[insert A, or B or C etc as appropriate] referred to in the affidavit of [insert name
of deponent], declared before me this [insert date] day of [insert month, year].
[insert your signature, full name and JP registration number]
The above statement should preferably be placed at the bottom of the first page of the annexure
if the space allows it. The statement should not deface or obscure the contents of the annexure.
Step 6: Check if the deponent understands
Ask the deponent if he or she understands the contents of the affidavit. You must be satisfied that
the deponent understands the nature and purpose of the document before the deponent takes
the oath or affirmation.
Step 7: Warn the deponent
You must warn the deponent that it is an offence to swear or affirm a false affidavit.
Step 8: Ask the deponent to swear the oath or make an affirmation
The deponent may take the oath by holding a holy book or other religious text in his or her hand.
In this case he or she may hold the holy book or religious text in either hand while swearing the
oath. If the deponent chooses to take an oath, whether by using a holy book/religious text, or
without it, you must ask:
Do you swear that the contents of this your affidavit are true and correct to the best of yourknowledge and belief?
The deponent should then swear to the truth of the contents of the document by saying:
I swear that the affidavit is true, so help me [God, or the name of the god recognised by the
deponents religion]
If the deponent chooses to make an affirmation, you must ask:
Do you solemnly and sincerely declare and affirm that the contents of this your affidavit are
true and correct to the best of your knowledge and belief?
The deponent should then swear to the truth of the contents of the document by saying:
I do.
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Step 9: Watch the deponent sign the affidavit in front of you
After the deponent has sworn an oath or made an affirmation, ask him or her to sign in the space
provided for the deponent in the jurat. The deponent must sign the affidavit in your presence.
Step 10: Sign each page of the affidavit with the deponent
After you have witnessed the deponent sign the jurat of the affidavit, both you and the deponent
should sign each preceding page of the affidavit. If there are annexures to the affidavit, you must
complete and sign the statements contained on the firstpage of each annexure to the affidavit. It
is not necessary for you to sign and date every page of each annexure, unless a particular affidavit
requires you to.
Step 11: Sign and print your full name, JP registration number and other details
After you have seen the deponent sign the affidavit, you must complete the jurat by signing and
adding your full name, qualification (JP), and JP registration number in the space provided. You
and the deponent must also sign at the foot of each preceding page of the affidavit.
Some affidavits may ask you also to provide additional information such as your address.
Frequently asked questions
Who can witness an affidavit?
If the affidavit is made in NSW, it can be witnessed by a NSW JP, or an Australian legal practitioner.
If the affidavit is made outside NSW, then it may be witnessed by:
a Notary Public or Public Notary any person who has authority to administer an oath or affidavit in that place or country
a British Consular Officer or an Australian Consular Officer exercising his or her functions in
that place or country.
Where should we sign if the affidavit is more than one page long?
The deponent, and the JP as witness, must sign each page of the affidavit. The signatures may
be placed at the bottom of each page. If there is insufficient space at the bottom, then it may be
placed on the top of the page or at another appropriate place on the page.
Where is the jurat located on a multiple page affidavit with annexures?
If the affidavit is more than one page, the jurat will be on the last page of the affidavit, but before
any annexures. You must place your signature, your full name, your qualification (JP), and your JP
registration number in the space provided in the jurat.
How should I witness an affidavit by multiple deponents?
Where an affidavit is made by two or more deponents, the names of the persons making the
affidavit should be inserted in the jurat. You must only witness the affidavit of the person or people
present before you at the time of signing. However, if the affidavit is sworn by both or all the
deponents at the same time before you, it is sufficient for you to state the following on the affidavit:
the affidavit has been sworn by each of the abovenamed deponents.
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This is an exampleof the format of an affidavit
Page 1 of 2
COURT DETAILS
AFFIDAVIT
On ...............................(insert date and year), I,.........................................................(insert name, address and occupation)
of...............................................................................................................................
..............................................................................................................................
.....................................................................................................................................
say on oath/declare and affirm (delete whichever is inapplicable) -
1. .................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
Filing Details
Name: DX:
Address for service: Telephone:
Facsimile: Ref:
______________________________________________________________________
Filing and court details
of the deponent used
to send/deliver letters
and documents. Note
this should not be a
post office (PO) box.
Facts or statements
made by deponent
Details of deponent
(person making
affidavit)
This section lists the
name of the court,case number, title
of proceedings and
the name of the
applicants
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Page 2 of 2
..............................................................................................................................
2. .................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
3. .................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
4. .................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
SWORN/AFFIRMED (delete whichever is inapplicable) at (insert name of place):
..
..
Before me: (witness signs here) (deponent signs here)
(Justice of the Peace)
JPs must include
their full name and
registration number in
this section
Deponentsstatement continued
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Step 6: Read the affidavit to the deponent
You must read the affidavit aloud to the deponent, allowing the interpreter to repeat your words
in the deponents language. It is important that you make sure the deponent understands and
agrees with the contents of the deponents affidavit. Through the interpreter, you should answer
any questions the deponent may have about the content of the affidavit.
Step 7: Warn the deponent
You must warn the deponent that it is an offence to swear or affirm a false affidavit, and allow the
interpreter to repeat your words in the deponent's language.
Step 8: Administer the oath or affirmation to the deponent
If it is clear the deponent understands and agrees with the content of the affidavit, you must
administer the oath or affirmation to the deponent by using the wording specified in the procedure
for witnessing an affidavit on page 17. The deponent must repeat the oath or affirmation in his or
her own language, and the interpreter must interpret the deponent's response for you.
Step 9: Ask the interpreter to sign his/her affidavit first
The interpreter must first sign his/her separate affidavit, confirming that he/she has interpreted the
contents of the deponents affidavit and oath/affirmation.
Step 10: Ask the deponent to sign his/her affidavit next
After the interpreter has signed his/her affidavit, the non-English speaking deponent may sign his/
her own affidavit.
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This is an exampleof the format of an affidavit of a person who has interpreted
the contents of an affidavit sworn by a non-English speaking deponent
Page 1 of 2
COURT DETAILS
AFFIDAVIT
On .(insert date and year), I, ..................................................(insert name, address and occupation)
of ..........................................................................................................................
say on oath/affirm -
1. I understand the English language and the [ ] language well.
Filing Details
Name: DX:
Address for service: Telephone:
Facsimile: Ref:
______________________________________________________________________
This section lists the
name of the court,
case number, title
of proceedings and
the name of the
applicants
Details of the
interpreter who
is making this
interpreter's affidavit
Filing and court details
of the deponent used
to send/deliver letters
and documents. Note
this should not be a
post office (PO) box.
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Page 2 of 2
2. I truly interpreted the contents of the affidavit annexed and marked A to
the deponent (name) and the form of oath/
affirmation administered to him/her before he/she swore/affirmed the affidavit,
according to the best of my skill and ability.
3. The deponent (name) appeared to me to understand
the contents of the affidavit and the oath/affirmation.
Sworn/affirmed at ..............................................
before me:.............................................. ............................................. (Justice of the Peace) (Interpreters signature)
JPs must include
their full name and
registration number in
this section
Standard wording
used on an
interpreters affidavit
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2.5 Checking or certifying identification requirements
In your role as JP, you may be asked to check or certify identification documents for people who
are making applications under specific Commonwealth and NSW laws. These may include an
application for benefit payments from a superannuation fund or for the purposes of the statutorydeclaration on a Seniors Card application.
The requirements may differ from application to application. You must check the instructions in
each application, to ensure that you comply with the specific requirements.
Step-by-step procedure
Step 1: Check the purpose of the application
It is helpful to understand the purpose of the application and its requirement for checking or
certification of identification by a JP.
Step 2: Check if a JP can check or certify the identification
Look at the information on the application to see if a JP can check or certify the person's
identification. In addition, you must ensure that you are able to comply with other requirements
stated on the application before deciding to check or certify it.
Step 3: Look for the identificationrequirements of the application
You must check the application and any accompanying information to establish which identification
documents you are required to check. For example, the application may ask you to confirm a
persons:
identity age
Australian residency
NSW address.
Depending on the requirements, you should ask to see the persons passport, driver licence or
birth card.
You must always sight the original identity documents.
Step 4: Check if there are any specific requirements
Examples of special requirements may include that you:
use specific words when certifying, such as This is a true and correct copy of the original
include your name, address and other details in the certification
have known the person for 12 months or more.
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2.6 Certifying copies of original documents
As a JP, you may be asked to certify a copy of an original document. This requires you to
check that the copy is identical to the original, as made by a photocopying machine. If you are
satisfied, you sign a statement on the copy, certifying that it is a true copy of the original.
A government department, business or other organisation may often accept a certified copy
instead of the original document. This allows the person to keep his or her original of an important
document, such as a passport, birth certificate or educational qualification.
Step-by-step procedure
Step 1: Check you have a true copy of the original
You must have in front of you both the original document, and the copy which you are beingasked to certify.
You must also be satisfied that the copy you certify is a true copy of the original document. You
can do this by watching the original being copied by a photocopier machine. Alternatively you can
carefully check the copy against the original. If you cannot be satisfied that it is a true copy, you
must decline to certify it.
Step 2: Add your certification and sign
If you are satisfied that the copy is a true copy of the original document, you may add your
certification to the copy. An appropriate wording for certifying a single page document is:
I certify this to be a true copy of the document shown and reported to me as the original [insert your handwritten signature and the date]
[insert your full name]
JP for NSW
[insert your JP registration number]
You may use a stamp to place the above words on the copy, but your signature must be
handwritten.
For a document that is more than one page, you may add your certification to the firstpage only,
and then simply sign or initial each subsequent page. In this case, the certification should read:
I certify this and the following [insert number of pages] pages (each of which I have signed /
initialled) to be a true copy of the document shown and reported to me as the original
[insert your handwritten signature and the date]
[insert your full name]
JP for NSW
[insert your JP registration number]
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Frequently asked questions
How do I know if a document is an original?
An original document is usually clearly different from a photocopy or other reproduction. An
original may often contain an official logo, seal, stamp or watermark, or may include a handwritten
signature.
However if you are concerned that the document presented to you as an original may have been
forged or fraudulently amended, you should decline to certify the copy.
What if I cannot be certain that the copy is a true copy?
You must never certify a copy if you are not satisfied that it is an exact and true copy of the
original. For example, if you do not have the original in front of you, or if the original or the copy is
not clear, you must decline to certify the copy.
Can I certify an electronic document?
No, because an electronic document cannot be considered an original document. This includes
a scanned image, a word processing file or any electronic file format, including files in Portable
Document Format (PDF). If a person asks you to certify a copy of a document sent to you by
email, fax or other electronic means, you must decline to certify the copy.
Can I certify a document if it is in a language I dont understand?
If you cannot read the language, it may not be possible for you to check that a document is a true
copy of the original document. However you may observe a copy of the original being made by a
photocopier machine, in order to satisfy yourself that the copy is a true copy.
Can I use a printed label or sticker (instead of a stamp) for the purpose of certifying
documents?
No, you must either write the certification words in handwriting or use a stamp. Your signature
must be handwritten. If you use the appropriate words to certify a multiple-page document (as
shown in the procedure on the previous page), you can write the certification words on the first
page only, provided you sign or initial the other pages.
What if I get a request to certify multiple copies of documents?
When a person contacts you for the purpose of certifying copies of documents, it is a good idea
to ask how many pages you will be required to certify. If there are many, you may wish to make
more than one appointment to certify the documents in batches. Alternatively, you can ask the
person to make copies of the multiple documents in your presence.
This information has been updated. Please refer toRuling 002 at the end of this handbook.
This information has been updated. Please refer toRuling 001 at the end of this handbook.
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2.7 Using the title of Justice of the Peace
You can only use the title of Justice of the Peace, the post-nominal initials JP, or your
JP registration number in relation to your functions as a JP.
It is not appropriate to use them in situations which do not relate to your functions as a JP. This is
because the Code of Conductprohibits use of the JP title to advance, or to appear to advance, a
JPs business, commercial or personal interests. Examples of prohibited use would include:
promoting your own business by using the availability of your JP services to attract new
clients
writing a character reference in support of a relative, friend or business associate and signing
the reference using the post-nominal initials JP after your name
writing a letter or statement about a matter which concerns your own interests, and signing
using the title of JP and your JP registration number.
Such use of the JP title is inappropriate because the JP is not acting impartially and is not acting
in his or her capacity as JP.
However the Code of Conduct does provide a limited exception to this rule. The exception allows
you to include the post-nominal initials JP after your name on a business card or letterhead. This
will assist members of the public to identify you as a JP.
When using the post-nominal initials of JP, they should be placed after any National and
Royal honours and academic qualifications.
2.8 Using a stamp
You may use a stamp to insert your full name, title of JP, and JP registration number. An appropriate
form of a stamp is as follows:
[Full name of the Justice of the Peace]
A Justice of the Peace in and for the State of New South Wales
[JP registration number]
However your signature on documents must always be handwritten in ink. You must never use
a stamp to insert your signature. Similarly you must never insert your signature by affixing a label
with your signature on it.
A JP is not authorised to use the State Arms, a State symbol, the Commonwealth Coatof Arms or any other unauthorised insignia on his or her stamp.
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2.9 Dealing with requests for Justice of the Peace services
The Code of Conduct for JPs requires you to deal with requests for JP services in a timely manner.
However if a person requests your services at very short notice, and you are unable to assist in
that timeframe, you may suggest an alternative time which is convenient to you.You are not expected to provide your address details to callers, or to invite people into your home
for the purpose of providing the service. You can provide the service at a mutually agreed time
and place.
If the document you are witnessing requires your street address, and you hold reasonable fears
about the privacy or security of that information if it were recorded on the document being
witnessed, you may decline to witness the document. However this would be an exceptional
circumstance and it is important to note that the Code of Conduct for JPs requires that you do
not unreasonably refuse to provide JP services.
2.10 Checking a persons identity
When acting as a JP, it is important that you are satisfied about the identity of the person asking
you to witness his or her signature. If you already know the person, or have sighted his or her
proof of identity on a previous occasion, you do not need to ask for identification in order to be
satisfied about the persons identity.
However if for any reason you are not satisfied about the identity of the person, or if sighting proof
of identity is a requirement of the document you have been asked to witness, you must ask for
identification.
You can accept any form of photo identification, unless the document requires a particular form
of identification. For example, the document may require you to sight the persons passport or
citizenship certificate.
If the person has no such identification, or if after checking the identification provided you are still
not satisfied about the persons identity, you must decline to witness the document.
Frequently asked questions
Can a person re-sign a document?
If someone approaches you to witness a document that is already signed, you may ask the
person to cross out the signature and sign it afresh in your presence. However, this must be doneafter completing the usual steps for witnessing a document.
Can I help a person to complete a document?
If you wish to help someone complete a document, ask the person to have that document
witnessed by another JP. This is because you must remain an independent and unbiased witness
at all times. You must not fill in the details on a document on a signatorys behalf and then act as
a witness to that document.
Can I witness a document which refers to annexures but the annexures are not with the
document?
If a document refers to an annexure but it is not with the document you are asked to witness, you
must not witness the document.
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What if there are multiple signatories to a document?
If there is more than one person who is required to sign a document, you must only witness the
signature of the person or people who are present with you at the time of signing. In this case it is
appropriate to state on the document that you are witnessing only the signature of the person or
people present. For example, The signature of Peter Williams only witnessed.
Can different signatories sign before different authorised witnesses and on different
dates?
It is acceptable for different signatories to the document to sign it separately and before different
authorised witnesses. The date you record as a witness must be the same date as the date of the
persons signature you are witnessing.
What is a conflict of interest and what should I do if I have one?
This refers to a situation where there is a conflict between your public duty as a JP and your
personal, family, business or financial interests. The perception by other people that you have aconflict of interest can be just as problematic as an actual conflict of interest.
If you become aware that you have a conflict of interest in a matter before you as a JP, the Code
of Conduct requires you to disclose your interest to the person seeking JP services or to decline
to provide JP services in that instance.
However it is strongly recommended that you do not act as a JP in any matter where there may
be an actual or a perceived conflict of interest. This is because such a conflict of interest may
call into question your capacity to act as a JP without bias and free from influence by others or
your own interests. The Code of Conduct requires you to remain independent and impartial when
providing JP services.
Can I witness a document for family members or myself?
You cannot witness a document for yourself. It is not advisable for you to witness documents
for your immediate family members as the documents may be rejected on the basis of an actual
or perceived conflict of interest, and because JPs must remain independent and impartial when
providing JP services.
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Section 3
Important information about
your appointment
This section provides important information about your
appointment as a Justice of the Peace, including the
public register and reappointment information.
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3 Important information about your appointmentIt is important that you are aware of how the JP public register works, how to be reappointed
and how to notify the Department of Attorney General & Justice if your details change. Read this
section carefully.
3.1 Justices of the Peace register
The Justices of the Peace register (JP register) is an online public listing of all current JPs in NSW.
It is available at the website www.jp.nsw.gov.au.
The JP register allows members of the public to look for a JP in their local area by entering their
postcode. The register can also be used to check if a person is currently appointed as a JP, by
entering the JPs name or registration number.
The Justices of the Peace Regulation 2009 provides that a JPs contact details may be removed
from the JP register if the JP notifies the Director General of the Department of Attorney General& Justice that his or her safety or wellbeing would be affected if the information is included or not
removed and the Director General is satisfied that the exclusion or removal is necessary for that
reason.
Finding a JP
After entering a postcode, a user of the JP register is provided with a list of the names of JPs
located within that postcode, as well as each JPs nominated contact telephone number and
suburb. The user can then telephone a JP and ask to arrange a suitable time and place to meet.
The JPs address and other private contact details are not available on the public register.
The register includes an Acceptable Usage Policy which explains to users that JPs are volunteers
and may not be available at short notice or at all times of the day. It also prohibits information
on the register from being used for purposes other than locating JP services and confirming a
persons appointment as a JP.
Confirming an appointment
The JP register can be searched by surname or JP registration number to confirm a persons
current appointment as a JP.
If a name does not appear on the register, the persons appointment may have lapsed or been
cancelled, or the person may have resigned from office. A user may contact the Department ofAttorney General & Justice to clarify the status of the persons appointment.
It is important that a person does not carry out JP functions if he or she no longer has a current
appointment as a JP.
3.2 Notifying changes in your name, address or contact details
Changing your address or other contact details
If you change your email, postal or residential address, or your home, work or mobile telephone
numbers, you must advise the Department of Attorney General & Justice as soon as possible.This is a requirement of the Code of Conduct for JPs. It helps to ensure the Department can
contact you if necessary and that you receive a reminder notice before the end of your term of
appointment as a JP.
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If your contact details are listed on the public JP register, you have an additional obligation to keep
those details up-to-date.
You can notify the Department of a change to your address or contact details by completing
the form at the website www.jp.nsw.gov.au. Alternatively you can write to the Department at the
contact details at the back of this handbook.
Changing your name
You are only permitted to provide JP services in the name under which you were appointed as
a JP. Under the Code of Conduct for JPs, you must notify the Department of Attorney General
& Justice if your name has changed. You must not perform JP services in your new name until
you have received written confirmation from the Department of your change of name notification.
A change of name form is available at the website www.jp.nsw.gov.au. Alternatively, you can write
to the Department at the postal address provided at the back of this handbook.
When advising of a change of name, you must include a certified copy of the change of
name document such as a marriage certificate. You must also include another document
which proves that you use the new name, such as a certified copy of your driver licence,
Medicare card or Seniors Card.
Moving interstate or overseas
If you move interstate or overseas permanently, you should resign your appointment as a JP in
NSW. This is because you are not authorised to act as a JP for NSW while you are in another
state, territory or country. You would also cease to satisfy the criteria for appointment as a JP,relating to an employment or community based need for the appointment. Your appointment is
not transferable to another state, territory or country.
3.3 Your term of appointment
Five-year terms
Lifetime appointment of JPs was abolished in December 2003 with the implementation of the
Justices of the Peace Act 2002. All JP appointments are now for five-year terms. The start and
end dates of your term are shown in your letter of appointment.
The introduction of five-year terms assists the Department of Attorney General & Justice to
maintain an accurate public register of JPs and an up-to-date database of confidential JP contact
details. Five-year terms also ensure that only JPs who remain eligible and willing to hold the office
continue to do so.
JP registration numbers
Each JP in NSW is issued with a six-digit registration number. You must always record your
current JP registration number on documents when providing JP services.
Seven-digit and nine-digit registration numbers which were issued to JPs in the past are no longervalid and must not be used.
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Applying for reappointment
If you have a continuing need for your appointment as a JP, you must apply for
reappointment beforethe end of your five-year term.
You can apply for reappointment from 12 months before the end of your term of appointment. The
Department of Attorney General & Justice will send you a reminder notice about three months
before the end of your term. It is therefore very important that you advise the Department of any
changes to your email address, postal address or telephone numbers.
Your application for reappointment must be receivedby the Department of Attorney General &
Justice before the end of your term. If it is not received before the expiry date of your term, your
appointment will automatically lapse. This means that you will no longer have authority to carry
out JP functions or use the title of JP. If your appointment lapses, and you wish to continue as a
JP, you will have to submit an application for a new appointment through a NSW State Member
of Parliament. You must not carry out any JP functions until such a new appointment has beenfinalised.
Applications for reappointment received before the expiry of a JPs term do not require nomination
by a NSW State Member of Parliament. Application forms and further information about the
reappointment process can be found at the website www.jp.nsw.gov.au.
3.4 Code of Conduct for Justices of the Peace
Your appointment as a JP is subject to the Code of Conduct for Justices of the Peace in NSW.
The Code of Conduct was introduced in August 2008 following a statutory review of theJusticesof the Peace Act 2002. A copy of the Code of Conduct is in the appendix of this handbook.
Additional copies can be downloaded from the website www.jp.nsw.gov.au.
The Code of Conduct establishes acceptable standards of conduct for JPs. It clarifies standards
for those JPs who may be uncertain of their obligations and is also useful for members of the
public who are unsure about what to expect when seeking the services of a JP.
It is very important that you understand and comply with the Code of Conduct. Failure to comply
with the Code of Conduct may mean that your appointment as a JP is reviewed.
3.5 Review of appointment and removal from office
Complaints against a Justice of the Peace
Complaints against a JP can be made to the Department of Attorney General & Justice.
Complaints must be made in writing, lodged within six months of the date of the matters raised
and accompanied by any supporting documents, where applicable. Complaints should be sent
to the Department using the contact details at the back of this handbook.
Review of an appointment
A persons appointment as a JP may be reviewed at any time, if questions arise about his or hersuitability to remain a JP. This may include cases where the JP is alleged to have breached the
Code of Conduct for JPs, no longer satisfies the criteria for appointment, or meets the grounds
for removal from office prescribed by theJustices of the Peace Act 2002 and the Justices of the
Peace Regulation 2009.
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Under section 10(1) of the Act, a JP has an obligation to notify the Minister in writing of any matter
that may cause the JP to cease to satisfy the prescribed criteria for appointment as a JP or if the
JP satisfies any of the grounds for removal prescribed under the Act.
The notice must be given as soon as practicable after the JP becomes aware of the matter
concerned. A penalty applies for failure to notify.
If a persons appointment as a JP is to be reviewed, he or she will be notified and given the
opportunity to respond to the concerns raised.
Removal from office
A person stops holding office as a JP if he or she:
fails to apply for reappointment before the end of his or her five-year term, or is not
reappointed
resigns as JP
is removed from office by the Governor of NSW.
The Governor of NSW may at any time, on the recommendation of the Minister, remove a JP from
office if the person:
becomes bankrupt or
becomes a mentally incapacitated person or
is convicted in NSW or elsewhere of an offence that is punishable by imprisonment for 12
months or more or
fails to take the oaths of office within four months of the date of his or her appointment or
if the Minister is of the opinion that the person has failed to properly carry out his or her
functions as a JP or
if the Minister is of the opinion that the person does not satisfy or no longer satisfies the criteria
for appointment as a JP.
The criteria for appointment as a JP are that the person:
be at least 18 years of age
must be an Australian citizen or a person who is entitled to vote at a general election for
the Legislative Assembly, unless the Minister exempts the person from having to satisfy this
criterion
must be of good character
must consent in writing to confidential enquiries being made as to the persons suitability for
appointment, including a criminal records check
must not be an undischarged bankrupt
must establish that the persons appointment as a JP is required for reasons relating to the
persons employment or to fulfil a community-based need for the appointment.
Resigning from office
A JP can resign from his or her appointment as a JP at any time, by writing to the Department of
Attorney General & Justice using the contact details at the back of this handbook.
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Frequently asked questions
Where do I get my authority to perform the role of JP?
The functions and authority of a JP are set out under sections 21 and 26 of the Oaths Act 1900
and section 8 of theJustices of the Peace Act 2002.
Are there any JP associations that I can join?
Yes, there are a number of associations that offer membership, educational and other services
to JPs. However there is no requirement for a JP to join any JP association.
Can I perform marriage ceremonies?
No, marriages are performed by Marriage Celebrants. A JP for NSW does not automatically
become a Marriage Celebrant. If you wish to become a Marriage Celebrant, you should contactthe Commonwealth Attorney Generals Department.
Am I exempt from jury duty?
No, theJury Act 1977does not provide an exemption for JPs from jury duty.
Can I obtain a certificate of appointment as a Justice of the Peace?
JPs can apply for an optional certificate of appointment following confirmation of their
appointment. A fee applies. Further information and application forms are available at the
website www.jp.nsw.gov.au.
What if a person asks me for legal advice?
You must never offer legal advice in your capacity as a JP, even if you have legal knowledge. If
people ask you for legal advice you can refer them to LawAccess NSW, which is a free NSW
Government service that provides legal information, advice and referrals for people who have a
legal problem in NSW. The service can be contacted during business hours on telephone 1300
888 529, or at website www.lawaccess.nsw.gov.au.
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Glossary
For a more detailed definition of the terms used, refer to any standard dictionary or law lexicon.
Affidavit Written statement that is sworn on oath or affirmed, and made
before a person who is authorised to take an oath or affirmation
Affirmation Verbal, solemn declaration, which is made instead of an oath, if a
person objects to the taking of an oath or if an oath is contrary to a
person's religious beliefs
Agent Person who legally acts on behalf of another person
Attest Bear witness to, affirm the truth of, to testify or certify
Attestation clause Statement in an agreement or other document that it has been duly
signed in the presence of a witness, confirming the signing of the
document
Attest or witness
the execution of a
document (instrument)
Sign a legal document to verify that it has been completed according
to law in your presence
Attorney Person appointed to represent or act on anothers behalf
Australian legal
practitioner
Australian lawyer who holds a current local practising certificate or
a current interstate practising certificate
Australian Consular
Officer/British Consular
Officer
Person appointed to hold office in any of the positions set out under
section 26 of theOaths Act 1900(NSW)
Commissioner Person with the power and responsibil ity to administer laws or rules
that relate to a specific matter
Deponent Person who makes an affidavit or deposition
Instrument Legal document such as a will, a mortgage or power of attorney
JP register Online register of JPs listing all current appointments in New South
Wales
Jurat Memorandum at the end of an affidavit, stating when and where the
affidavit was sworn or affirmed, followed by the signature, title and
other details of the witness before whom the affidavit was sworn or
affirmed
Justice of the Peace
(JP)
A person appointed (or reappointed) to the Office of Justice of the
Peace in and for the State of NSW
Signatory Person who signs a document or declaration
Statutory declaration Written statement made in the form prescribed by the Oaths Act
1900or the Statutory Declarations Act 1959(Cwth)
Subscribe To write ones name or mark on or at the bottom of a document,
especially as a witness or consenting party
Witness a signature Sign a document to certify that it was signed by another person inyour presence
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This code establishes acceptable standards of conduct for Justices of the Peace
(JPs) appointed in New South Wales under theJustices of the Peace Act 2002.
Code of Conduct for
Justices of the Peace in NSW
Access to services
1) A JP must not unreasonably refuse to provideJP services and must treat all personsseeking JP services with courtesy, dignityand respect.
2) A JP must deal with requests for JP services
in a timely manner.
Conduct and integrity
3) A JP must not engage in dishonest a