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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-07-05 Daily Xml
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Justices of the Peace (Miscellaneous) Amendment Bill

Second Reading

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (17:57): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Justices of the Peace (Miscellaneous) Amendment Bill 2016 amends the Justices of the Peace Act 2005 to provide a more efficient mechanism for the appointment, suspension and removal of a Justice or Special Justice of the peace (JP) from office.

Justices of the Peace perform an important community service by volunteering their services to the community, sacrificing their time to witness thousands of official and legal documents each year. At the Grenfell Street office alone, JPs witnessed 90,000 documents for over 20,000 clients last financial year. The South Australian community is fortunate to be served by 7,200 JPs, with some dedicated individuals having provided faithful service for over 60 years.

With up to 300 appointments every year, together with managing applications, voluntary and disciplinary suspensions and the removal of JPs from office, this Bill aims to reduce red tape by streamlining the administrative processes and ensuring the timely and efficient management of JP matters.

The Bill amends section 4 of the Justices of the Peace Act 2005 to allow the Attorney-General to appoint a JP to office following a rigorous process to support the appointment. The Act currently requires the Governor to make such appointments and upon consultation with His Excellency and the Royal Association of Justices of South Australia, it was agreed that refining the process would improve efficiency whilst also maintaining the integrity of appointments.

A further amendment to section 4 will remove the requirement that all information supplied in support of an application must be verified by statutory declaration. This amendment will allow the online submission of applications and will also maintain the veracity of the information through the insertion of a new section regarding false and misleading statements later in the Act.

The Bill amends section 5 of the Act to allow the Attorney-General to appoint a Member of Parliament or the principal member of a council to be a JP, rather than involve the Governor, as with appointments of members of the public.

In reviewing the operation of the Act, it was identified that as there was no specified timeframe in which JPs must take the requisite oaths in accordance with the Oaths Act 1936, some appointed JPs were not taking their oaths in the time prescribed by their conditions of appointment and therefore could not perform their duties. This failure to take their oaths triggered a laborious administrative process. The Bill amends section 6 to include the obligation of the appointed JP to take their oath within three months of their appointment, or risk being suspended or removed from office.

The Bill further amends section 6 to exempt reappointed JPs from repeating their oaths, further reducing red tape and ensuring the seamless provision of service.

A JP may apply to have their office suspended for a period of up to two years. Typically this is requested to allow the JP to travel, to accompany their spouse on an out-of-state posting or for personal or health reasons. The Bill amends section 10 to allow the Attorney-General, rather than the Governor, to suspend the JP's office for the nominated time and compels the JP to notify the Attorney-General of their intention to return to the State when the suspension period ends. This amendment will reduce the administrative burden on Justice of the Peace Services staff, who must conduct extensive searches to determine if a JP has returned to the State following a period of voluntary suspension.

The Bill also amends section 11 of the Act, which is concerned with disciplinary action, suspension and removal of a Justice from office. Again, the Bill relinquishes the power of the Governor to take disciplinary action and transfers it to the Attorney-General, allowing action to be taken against a JP if the justice breaches or fails to comply with either the Act, a condition of appointment or the Code of Conduct, except in the case of a special justice, where this power will remain with the Governor.

The Bill again removes reference to the Governor, in respect to taking disciplinary action against a person who improperly uses the title 'JP (Retired)', and instead gives the Attorney-General power to take the appropriate action.

Section 16 is similarly amended by the Bill to remove reference to the Governor by substituting his title with the Attorney-General, in this instance to restrict the use of the title 'JP (Retired)'.

Section 16A will create a punishable offence for knowingly making a false or misleading statement when providing information required under the Act, with a maximum penalty of $10,000 or two years imprisonment. If the false statement is made unknowingly or in any other case, the maximum penalty is $5,000. This section provides protection from the removal of the statutory declaration requirement, as applicants will commit a relatively serious offence should any information submitted by them, whether by inclusion or omission, prove to be false or misleading.

Section 16B is inserted to confer power upon the Attorney-General to delegate any powers or functions under the Act to the Commissioner for Consumer Affairs either absolutely or with the imposition of certain conditions. This will ensure the streamlined administration of matters relating to Justices of the Peace.

This Bill seeks to balance the valuable contribution made by members of the public who volunteer their time as Justices of the Peace with the crucial need to maintain the integrity of the role they perform. In addition, the amendments streamline the administrative process to ensure that red tape is minimised and the provision of service is maximised.

I commend this Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Justices of the Peace Act 2005

4—Amendment of section 4—Appointment of suitable persons as justices

This clause amends section 4 so that it is the Attorney-General, rather than the Governor, who is empowered to appoint justices of the peace. It also amends the section to remove the mandatory requirement that information provided in or with an application for appointment must be verified by statutory declaration. Instead, it substitutes a provision that empowers the Attorney-General to require such information to be verified by statutory declaration.

5—Amendment of section 5—Appointment of persons occupying certain offices as justices

This clause amends section 5 so that it is the Attorney-General, rather than the Governor, who will appoint a Member of Parliament, or the principal member of a council, to be a justice of the peace.

6—Amendment of section 6—Justices must take oath before exercising official powers

This clause amends section 6 so that the oath required to be taken by a justice of the peace before exercising official powers must be taken within 3 months after the appointment of the justice.

7—Amendment of section 10—Justice may apply for suspension of official duties for personal reasons

This clause amends section 10 so that it is the Attorney-General, rather than the Governor, who may suspend a justice from office on application by the justice. It also amends the section to require a justice whose office has been suspended by reason of a prolonged absence from South Australia to notify the Attorney-General whether he or she intends to return to the State when the suspension expires.

8—Amendment of section 11—Disciplinary action, suspension and removal of justices from office

This clause amends section 11 to include, as proper cause for taking disciplinary action against a justice, a breach of the Act, or a failure to comply with the Act, by the justice. It also amends the section so that the Attorney-General is able to take disciplinary action to remove a justice of the peace from office. However, the power to remove a special justice from office will continue to be vested in the Governor.

9—Amendment of section 12—Disciplinary action—retired justices

This clause amends section 12 so that the Attorney-General, rather than the Governor, may take disciplinary action against a retired justice.

10—Amendment of section 16—Offence to hold out etc

This clause amends section 16 to replace a reference to the Governor with a reference to the Attorney-General, so as empower the Attorney-General to prohibit retired justices from using certain titles or descriptions.

11—Insertion of sections 16A and 16B 16A—False statements

Proposed section 16A makes it an offence to make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under the Act. The maximum penalty is to be $10,000 or imprisonment for 2 years if the person made the statement knowing it to be false or misleading, or $5,000 in any other case.

16B—Delegation

Proposed section 16B empowers the Attorney-General to delegate powers and functions under the Act.

Debate adjourned on motion of Hon. D.W. Ridgway.

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