Honorary Justices Regulations 2024 (Vic)

Version No. 001

Honorary Justices Regulations 2024

S.R. No. 66/2024

Version as at

25 August 2024

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definition

6Prescribed training for the appointment of a justice of the peace

7Prescribed forms of oath or affirmation for justice of the peace appointment

8Prescribed training for the appointment of a bail justice

9Prescribed training for the re-appointment of a bail justice

10Prescribed forms of oath or affirmation for bail justice appointment

11Prescribed office holders to be bail justices

12Prescribed training for certain bail justices

13Prescribed training or professional development for honorary justices

14Code of conduct

Schedule 1—Oaths and affirmations of office

Schedule 2—Honorary justices code of conduct

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Honorary Justices Regulations 2024

S.R. No. 66/2024

Version as at

25 August 2024

1Objectives

The objectives of these Regulations are to prescribe—

(a)the oath or affirmation to be taken by a justice of the peace; and

(b)the courses of training or professional development for honorary justices; and

(c)the oath or affirmation to be taken by a bail justice; and

(d)offices, the holders of which are bail justices; and

(e)the code of conduct for honorary justices.

2Authorising provision

These Regulations are made under section 49 of the Honorary Justices Act 2014.

3Commencement

These Regulations come into operation on 25 August 2024.

4Revocation

The Honorary Justices Regulations 2014[1] are revoked.

5Definition

In these Regulations—

the Act means the Honorary Justices Act 2014.

6Prescribed training for the appointment of a justice of the peace

(1)The Secretary may approve a course of training for the appointment of a justice of the peace, having regard to the duties and functions of a justice of the peace.

(2)For the purposes of section 7(2)(d)(i) of the Act, the prescribed course of training is the course of training approved by the Secretary under subregulation (1).

7Prescribed forms of oath or affirmation for justice of the peace appointment

(1)For the purposes of section 8 of the Act, the prescribed oath or affirmation of office for a justice of the peace is set out in Part 1 of Schedule 1.

(2)An oath or affirmation of office for a justice of the peace must be administered by a magistrate who must forward to the Secretary a certificate of administration.

8Prescribed training for the appointment of a bail justice

(1)The Secretary may approve a course of training for the appointment of a bail justice having regard to the duties and functions of a bail justice.

(2)For the purposes of section 14(2)(e)(i) of the Act, the prescribed course of training is the course of training approved by the Secretary under subregulation (1).

9Prescribed training for the re-appointment of a bail justice

(1)The Secretary may approve a course of training for the re-appointment of a bail justice having regard to the duties and functions of a bail justice.

(2)For the purposes of section 15(2)(d)(i) of the Act, the prescribed course of training is the course of training approved by the Secretary under subregulation (1).

10Prescribed forms of oath or affirmation for bail justice appointment

(1)For the purposes of sections 16 and 18(2)(b) of the Act, the prescribed oath or affirmation of office for a bail justice is set out in Part 2 of Schedule 1.

(2)An oath or affirmation of office for a bail justice must be administered by a magistrate who must forward to the Secretary a certificate of administration.

11Prescribed office holders to be bail justices

For the purposes of section 18(1) of the Act, a prescribed office is an office with the classification of—

(a)Grade 3, Grade 4, Grade 5 or Grade 6 in the public service in which the employee is required to perform the duties of any one or more of the following—

(i)Prothonotary or deputy Prothonotary of the Supreme Court;

(ii)registrar or deputy registrar of the County Court;

(iii)principal registrar of the Magistrates' Court;

(iv)registrar or deputy registrar of the Magistrates' Court;

(v)principal registrar of the Children's Court;

(vi)registrar or deputy registrar of the Children's Court; or

(b)Grade 2, Grade 3, Grade 4, Grade 5 or Grade 6 in the public service in which the employee is required to perform the duties of associate to a judge of the Supreme Court or the County Court.

12Prescribed training for certain bail justices

(1)The Secretary may approve a course of training for a person who is a bail justice by virtue of holding a prescribed office under section 18(1) of the Act, having regard to the duties and functions of a bail justice.

(2)For the purposes of section 18(2)(a) of the Act, the prescribed course of training is the course of training approved by the Secretary under subregulation (1).

13Prescribed training or professional development for honorary justices

(1)The Secretary may approve a course of training or professional development for a justice of the peace having regard to the duties and functions of a justice of the peace.

(2)For the purposes of section 23(1)(a) of the Act, the prescribed course of training or prescribed professional development for a justice of the peace is the course of training or professional development approved by the Secretary under subregulation (1).

(3)The Secretary may approve a course of training or professional development for a bail justice having regard to the duties and functions of a bail justice.

(4)For the purposes of section 23(1)(a) of the Act, the prescribed course of training or prescribed professional development for a bail justice is the course of training or professional development approved by the Secretary under subregulation (3).

14Code of conduct

For the purposes of section 25 of the Act, the prescribed code of conduct is set out in Schedule 2.

SCHEDULE 1—OATHS AND AFFIRMATIONS OF OFFICE

Regulations 7, 10

Part 1—Oath of office for justice of the peace

I, [full name], swear by Almighty God [or the person may name a god recognised by the person's religion, or the person may identify the person's own belief] that, as a justice of the peace, I will at all times discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.

Affirmation of office for justice of the peace

I, [full name], solemnly and sincerely declare and affirm that, as a justice of the peace, I will at all times discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.

Part 2—Oath of office for bail justice

I, [full name], swear by Almighty God [or the person may name a god recognised by the person's religion, or the person may identify the person's own belief] that, as a bail justice, I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.

Affirmation of office for bail justice

I, [full name], solemnly and sincerely declare and affirm that, as a bail justice, I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.

SCHEDULE 2—HONORARY JUSTICES CODE OF CONDUCT

Regulation 14

Introduction

1This code of conduct prescribes the behaviour expected of bail justices and justices of the peace.

2The code is binding and a contravention may constitute grounds for removal from office.

3In addition to the matters outlined in this code, honorary justices must also comply with the Honorary Justices Act 2014 ("the Act") and the regulations made under the Act.

Conduct

4An honorary justice must maintain and uphold the oath of office, or an affirmation of office as applicable, and discharge the functions of a bail justice or justice of the peace, as the case may be, in a courteous and timely manner, in accordance with the law and to the best of their ability.

5An honorary justice must act, and be seen to act, with due care, diligence, honesty, integrity, respect, independence, impartiality and without prejudice or discrimination when performing the functions of an honorary justice.

6An honorary justice must not behave in a manner that brings the office of bail justice or justice of the peace, as the case may be, into disrepute.

7An honorary justice must not—

(a)purport to hold or exercise powers other than the powers that are conferred on an honorary justice; or

(b)provide legal advice in their capacity as an honorary justice; or

(c)improperly influence or attempt to influence a person when performing the functions of an honorary justice.

8An honorary justice must not administer an oath or affirmation, or witness the signing or execution of a document, if the honorary justice reasonably doubts that the person is legally or mentally competent to make the oath, affirmation, declaration or affidavit or to execute the document.

Conflicts of interest

9An honorary justice must disclose an actual or potential conflict of interest when performing the functions of an honorary justice and must not exercise the powers of an honorary justice where there is such a conflict of interest.

Competency and knowledge

10An honorary justice must maintain a competent knowledge of all laws applicable to the functions of a bail justice or justice of the peace, as the case may be.

Privacy

11An honorary justice must not use, disclose or retain any information or documents obtained in the course of carrying out functions as an honorary justice, other than for the purpose of performing those functions or as otherwise authorised or required by law.

Reasonably active and reasonably available

12In addition to the requirements under section 24 of the Act regarding availability and activity, an honorary justice must not unreasonably refuse to perform duties in relation to a matter if the honorary justice is capable of performing those duties.

13Unless there are exceptional circumstances, a justice of the peace must provide the following information to the Secretary for publication on the Department of Justice and Community Safety's public internet and telephone Justice of the Peace directory—

(a)the name of the justice of the peace;

(b)the town or suburb where the justice of the peace performs their duties;

(c)the hours during which the justice of the peace is available and a telephone number on which the justice of the peace may be contacted.

Use of titles

14An honorary justice must not use the title of bail justice or BJ, or justice of the peace or JP, as the case may be, to advertise or advance, or appear to advertise or advance, business, commercial or personal interests.

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Honorary Justices Regulations 2024, S.R. No. 66/2024 were made on 2 July 2024 by the Governor in Council under section 49 of the Honorary Justices Act 2014, No. 32/2014 and came into operation on 25 August 2024: regulation 3.

The Honorary Justices Regulations 2024 will sunset 10 years after the day of making on 2 July 2034 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Honorary Justices Regulations 2024 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4: S.R. No. 110/2014.