{"id":"sr:honorary-justices-regulations-2024","name":"Honorary Justices Regulations 2024","slug":"honorary-justices-regulations-2024","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181376,"registerId":"vic-sr:honorary-justices-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Honorary Justices Regulations 2024","content":"Version No. 001\n\n**Honorary Justices Regulations 2024**\n\n**S.R. No. 66/2024**\n\nVersion as at  \n25 August 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definition 1\n\n6 Prescribed training for the appointment of a justice of the peace 2\n\n7 Prescribed forms of oath or affirmation for justice of the peace appointment 2\n\n8 Prescribed training for the appointment of a bail justice 2\n\n9 Prescribed training for the re-appointment of a bail justice 2\n\n10 Prescribed forms of oath or affirmation for bail justice appointment 3\n\n11 Prescribed office holders to be bail justices 3\n\n12 Prescribed training for certain bail justices 4\n\n13 Prescribed training or professional development for honorary justices 4\n\n14 Code of conduct 5\n\nSchedule 1—Oaths and affirmations of office 6\n\nSchedule 2—Honorary justices code of conduct 7\n\n═════════════\n\nEndnotes 10\n\n1 General information 10\n\n2 Table of Amendments 12\n\n3 Explanatory details 13\n\n**Version No.** **001**\n\n**Honorary Justices Regulations 2024**\n\n**S.R. No. 66/2024**\n\nVersion as at  \n25 August 2024\n\n\t1 Objectives\n\nThe objectives of these Regulations are to prescribe—\n\n(a) the oath or affirmation to be taken by a justice of the peace; and\n\n(b) the courses of training or professional development for honorary justices; and\n\n(c) the oath or affirmation to be taken by a bail justice; and\n\n(d) offices, the holders of which are bail justices; and\n\n(e) the code of conduct for honorary justices.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 49 of the **Honorary Justices Act 2014**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 25 August 2024.\n\n\t4 Revocation\n\nThe Honorary Justices Regulations 2014[[1]](#endnote-1) are **revoked**.\n\n\t5 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Honorary Justices Act 2014**.\n\n\t6 Prescribed training for the appointment of a justice of the peace\n\n(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.\n\n(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).\n\n\t7 Prescribed forms of oath or affirmation for justice of the peace appointment\n\n(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.\n\n(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.\n\n\t8 Prescribed training for the appointment of a bail justice\n\n(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.\n\n(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).\n\n\t9 Prescribed training for the re-appointment of a bail justice\n\n(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.\n\n(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).\n\n\t10 Prescribed forms of oath or affirmation for bail justice appointment\n\n(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.\n\n(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.\n\n\t11 Prescribed office holders to be bail justices\n\nFor the purposes of section 18(1) of the Act, a prescribed office is an office with the classification of—\n\n(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—\n\n(i) Prothonotary or deputy Prothonotary of the Supreme Court;\n\n(ii) registrar or deputy registrar of the County Court;\n\n(iii) principal registrar of the Magistrates' Court;\n\n(iv) registrar or deputy registrar of the Magistrates' Court;\n\n(v) principal registrar of the Children's Court;\n\n(vi) registrar or deputy registrar of the Children's Court; or\n\n(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.\n\n\t12 Prescribed training for certain bail justices\n\n(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.\n\n(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).\n\n\t13 Prescribed training or professional development for honorary justices\n\n(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.\n\n(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).\n\n(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.\n\n(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).\n\n\t14 Code of conduct\n\nFor the purposes of section 25 of the Act, the prescribed code of conduct is set out in Schedule 2.\n\nSchedule 1—Oaths and affirmations of office\n\nRegulations 7, 10\n\nPart 1—Oath of office for justice of the peace\n\nI, [*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.\n\nAffirmation of office for justice of the peace\n\nI, [*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.\n\nPart 2—Oath of office for bail justice\n\nI, [*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.\n\nAffirmation of office for bail justice\n\nI, [*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.\n\nSchedule 2—Honorary justices code of conduct\n\nRegulation 14\n\n**Introduction**\n\n1 This code of conduct prescribes the behaviour expected of bail justices and justices of the peace.\n\n2 The code is binding and a contravention may constitute grounds for removal from office.\n\n3 In 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.\n\n**Conduct**\n\n4 An 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.\n\n5 An 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.\n\n6 An 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.\n\n7 An honorary justice must not—\n\n(a) purport to hold or exercise powers other than the powers that are conferred on an honorary justice; or\n\n(b) provide legal advice in their capacity as an honorary justice; or\n\n(c) improperly influence or attempt to influence a person when performing the functions of an honorary justice.\n\n8 An 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.\n\n**Conflicts of interest**\n\n9 An 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.\n\n**Competency and knowledge**\n\n10 An 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.\n\n**Privacy**\n\n11 An 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.\n\n**Reasonably active and reasonably available**\n\n12 In 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.\n\n13 Unless 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—\n\n(a) the name of the justice of the peace;\n\n(b) the town or suburb where the justice of the peace performs their duties;\n\n(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.\n\n**Use of titles**\n\n14 An 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.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe 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.\n\nThe 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**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes 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.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 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.  \nThis 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.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll 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).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 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.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"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.\n\n• Other material\n\nAny 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).\n\n2 Table of Amendments\n\nThere are no amendments made to the Honorary Justices Regulations 2024 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 110/2014. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, this appears to be a consolidation or restatement of existing honorary justices regulations in their 'as made' form, with no evident scope expansion beyond the established framework governing voluntary judicial officers in Victoria."},"complexity_factors":["Limited substantive text provided — only metadata and version history visible, making full analysis impossible","Regulations operate as subordinate legislation under a parent Act, requiring cross-referencing to understand full effect","Honorary justices framework involves multiple categories of appointees (JPs vs Bail Justices) with potentially different rules","Relatively narrow subject matter (honorary justices) limits overall complexity"],"plain_english_summary":"These regulations provide the practical rules for Victoria’s Honorary Justices Act, governing Justices of the Peace and Bail Justices — community volunteers who witness and certify documents and make bail decisions. They set out appointment, operational and conduct standards, and affect JPs/Bail Justices, the public who use their services, and the Department of Justice.\n\nNote: the excerpt is largely structural; full operative provisions are not included."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Regulations expressly revoke the 2014 regulations and re‑prescribe oaths, training, office classifications and a binding code (reg 4; Schedule 1; reg 11; Schedule 2). Compared with mere repeal, this instrument consolidates Secretary discretion to approve multiple distinct courses (regs 6, 8, 9, 12, 13) and adds explicit directory/publication and availability expectations for JPs (Schedule 2 para 13). The text itself is the basis for this assessment."},"complexity_factors":["Extensive cross-references to the Honorary Justices Act 2014 (see regs 2, 6(2), 7(1), 8(2), 9(2), 10(1), 12(2), 13(2),(4), 14) requiring interpretation of both instruments together.","Broad administrative discretion given to the Secretary to approve courses and professional development (regs 6(1), 8(1), 9(1), 12(1), 13(1),(3)) — open-ended standards increase operational variability.","Prescriptive classification of public‑service offices as automatic bail justices tied to Grade levels and specific roles (reg 11) — requires mapping between public‑service classifications and job duties.","Mandatory procedural steps for oath/affirmation administration and certification by magistrates (regs 7(2), 10(2)) creating administrative duties for courts and the Secretary.","Binding code of conduct with enumerated duties, disclosure and availability obligations and grounds for removal (Schedule 2 paras 2, 9, 12, 14) — creates compliance and disciplinary processes.","Multiple similar but distinct training prescriptions (appointment, re‑appointment, bail‑justice by office, ongoing PD) that require separate approvals and recordkeeping (regs 6–13).","Revocation of previous regulations and a 10‑year sunset (reg 4; endnotes) — legal continuity and periodic review implications.","Potential stakeholder compliance burdens (training, disclosure for directory publication, restriction on title use) and administrative costs not specified in the instrument (Schedule 2 para 13; regs 6–13)."],"plain_english_summary":"These Regulations revoke the 2014 rules and set the oaths, training and conduct standards for justices of the peace and bail justices. The Secretary gains discretion to approve courses and professional development (regs 6, 8, 9, 12, 13); magistrates must administer oaths and forward certificates to the Secretary (regs 7(2), 10(2)). The instrument also prescribes certain public‑service roles as bail justices (reg 11) and a binding code of conduct (Schedule 2)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for honorary justices (training, oaths, conduct). They replace the 2014 regulations without expanding into new policy areas. The scope is administrative and procedural, consistent with the authorising Act."},"complexity_factors":["Short length: Only 14 regulations plus 2 schedules","Minimal defined terms: Only 1 definition ('the Act') in the body of the regulations","Simple structure: Linear progression from objectives through specific prescriptions to schedules","No nested exceptions or conditional logic beyond basic 'if applicable' scenarios","Clear cross-references to the Honorary Justices Act 2014 without complex layering","Schedules contain straightforward template text (oaths) and plain English conduct rules"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for **honorary justices** in Victoria — specifically **justices of the peace (JPs)** and **bail justices**. These are volunteers (or public servants in specific roles) who help with legal paperwork and, in the case of bail justices, can hear bail applications outside court hours.\n\n**Key things covered:**\n\n*   **Training requirements:** The Secretary of the Department can approve training courses for people wanting to become JPs or bail justices, plus ongoing professional development for existing honorary justices.\n*   **Oaths and affirmations:** The exact words that JPs and bail justices must say when sworn into office (with options for religious oaths or secular affirmations). A magistrate must administer these and send a certificate to the Secretary.\n*   **Automatic bail justices:** Certain senior court staff (like Supreme Court Prothonotaries, County Court registrars, and judges' associates at Grade 2 or above) automatically become bail justices because of their job. They may need to do specific training.\n*   **Code of conduct:** A binding set of rules covering:\n    *   Acting with honesty, impartiality and respect\n    *   Not giving legal advice or exceeding their powers\n    *   Avoiding conflicts of interest\n    *   Maintaining privacy of information\n    *   Being reasonably available to serve (JPs must list their contact details publicly unless there's a good reason not to)\n    *   Not using the title \"JP\" or \"BJ\" for business advertising\n\n**Who it affects:**\n\n*   People applying to become JPs or bail justices\n*   Current honorary justices who must follow the code of conduct\n*   Court and tribunal staff in specific senior roles who automatically become bail justices\n*   The general public who use JP services (witnessing documents, statutory declarations, etc.)\n\n**Why it matters:**\n\nHonorary justices handle important legal tasks — witnessing affidavits (sworn statements), certifying documents, and deciding whether someone gets bail outside business hours. These regulations ensure they are properly trained, accountable, and behave ethically. The regulations replace the 2014 version and modernise the framework for these volunteer legal officers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/honorary-justices-regulations-2024","history":"/api/acts/honorary-justices-regulations-2024/history","analysis":"/api/acts/honorary-justices-regulations-2024/analysis","conflicts":"/api/acts/honorary-justices-regulations-2024/conflicts","importantCases":"/api/acts/honorary-justices-regulations-2024/important-cases","documents":"/api/acts/honorary-justices-regulations-2024/documents"}}