Justices of the Peace Amendment (Code of Conduct) Regulation 2014 (NSW)

New South Wales

Justices of the Peace Amendment (Code of

Conduct) Regulation 2014

under the

Justices of the Peace Act 2002

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Justices of the Peace Act 2002.

GREG SMITH, MP

Attorney General

Explanatory note
The objects of this Regulation are:

(a)

to amend the prescribed code of conduct for justices of the peace appointed under the Justices of the Peace Act 2002 with respect to:

(i)	the circumstances in which justices of the peace are required to decline to provide their services, and
(ii)	the circumstances in which justices of the peace may use the title of a justice of the peace after their names, and
(iii)	the notifications that justices of the peace are required to make to the Department of Attorney General and Justice, and

(b)

to make an amendment in the nature of law revision consequent on the commencement of the Government Sector Employment Act 2013.

This Regulation is made under the Justices of the Peace Act 2002, including sections 8 (3) and 14 (the general regulation-making power).

Justices of the Peace Amendment (Code of Conduct) Regulation

2014

under the

Justices of the Peace Act 2002

1      Name of Regulation

This Regulation is the Justices of the Peace Amendment (Code of Conduct)
Regulation 2014.

2      Commencement

This Regulation commences on 1 May 2014 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Justices of the Peace Regulation
2009

[1]      Clause 8 Contents for register

Omit “Director-General” from clause 8 (2) wherever occurring. Insert instead “Secretary”.

[2]      Schedule 1 Code of conduct for justices of the peace

Omit “, the justice of the peace must disclose the interest to the person seeking justice of the peace services or” from clause 2 (4).

Insert instead “and is satisfied that there is a conflict of interest, the justice of the peace should”.

[3]      Schedule 1, clause 2 (5)

Omit “appointment of a justice of the peace has been revoked”.
Insert instead “justice of the peace has been removed from office”.

[4]      Schedule 1, clause 3 (2)

Insert “(whether in hard copy or electronic form)” after “letterhead”.

[5]      Schedule 1, clause 4 (1)

Omit “instructions” and “A handbook for Justices of the Peace in New South Wales”.

Insert instead “provisions” and “Justice of the Peace Handbook and in any guidelines issued by the Minister with respect to the exercise of specified functions by justices of the peace under the Act”, respectively.

[6]      Schedule 1, clause 5 (1) (b)

Omit “or tribunal”.

Insert instead “, tribunal, inquiry, regulatory agency, complaint handling or dispute resolution body or professional, business, trade or industry association”.

[7]      Schedule 1, clause 5 (1) (c)

Omit “or applying for relief of a similar nature”.

Insert instead “or making any debt agreement or personal insolvency agreement under the
Bankruptcy Act 1966 of the Commonwealth”.

[8]      Schedule 1, clause 5 (1) (e)

Insert at the end of clause 5 (1) (d):

, or

(e) being suspended or disqualified from holding any licence, registration, certificate or membership in relation to any profession, business, trade or industry,