{"id":"a-alt-1989-44","name":"JUSTICES OF THE PEACE ACT 1989","slug":"justices-of-the-peace-act-1989","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":233523,"registerId":"act-justices-of-the-peace-act-1989-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"JUSTICES OF THE PEACE ACT 1989","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nJustices of the Peace Act 1989\nA1989-44\nRepublication No 8\nEffective: 12 December 2023\nRepublication date: 12 December 2023\nLast amendment made by A2023-57\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Justices of the Peace Act 1989 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2023.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 12 December 2023.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR8\n12/12/23\nJustices of the Peace Act 1989\nEffective: 12/12/23\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nJustices of the Peace Act 1989\nContents\nPage\n1 Name of Act 2\n2 Who may be appointed justice of the peace? 2\n3 Appointments 2\n3A Guidelines about the role of justice of the peace 3\n3B When does a person stop being a justice of the peace? 3\n4 Register 4\n5 Use and disclosure of information about justices of the peace 4\n8 Permission to use retirement title 5\n9 Regulation-making power 6\nSchedule 1 Oath and affirmation of office 7\nEndnotes\n1 About the endnotes 8\n\nContents\nPage\ncontents 2 Justices of the Peace Act 1989\nEffective: 12/12/23\nR8\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2 Abbreviation key 8\n3 Legislation history 9\n4 Amendment history 11\n5 Earlier republications 12\n\nR8\n12/12/23\nJustices of the Peace Act 1989\nEffective: 12/12/23\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nJustices of the Peace Act 1989\nAn Act about justices of the peace\n\nSection 1\npage 2 Justices of the Peace Act 1989\nEffective: 12/12/23\nR8\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Justices of the Peace Act 1989.\n2 Who may be appointed justice of the peace?\n(1) A person is eligible to be appointed as a justice of the peace (an\neligible person) if the person—\n(a) is at least 18 years old; and\n(b) satisfies the criteria (if any) in the guidelines made by the\nMinister for this section.\n(2) The Minister may make guidelines about eligibility for appointment\nas a justice of the peace.\n(3) A guideline is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n3 Appointments\n(1) The Minister may appoint an eligible person as a justice of the peace.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see s 207).\nNote 3 A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1, def\nappoint).\n(2) The Legislation Act, division 19.3.3 (Appointments—Assembly\nconsultation) does not apply to an appointment under this section.\n(3) An appointment under this section is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n\nSection 3A\nR8\n12/12/23\nJustices of the Peace Act 1989\nEffective: 12/12/23\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Before beginning to perform the duties of office, a justice of the peace\nmust take an oath of office, or make an affirmation of office, before\na judge, in accordance with the relevant form in schedule 1.\n3A Guidelines about the role of justice of the peace\n(1) The Minister may make guidelines about the role of a justice of the\npeace.\n(2) A guideline is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n3B When does a person stop being a justice of the peace?\n(1) The Minister may end a person’s appointment as a justice of the peace\nif—\n(a) the person becomes bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(b) the person is convicted, in the ACT, of an offence punishable by\nimprisonment for at least 1 year; or\n(c) the person is convicted outside the ACT, in Australia or\nelsewhere, of an offence that, if it had been committed in the\nACT, would be punishable by imprisonment for at least 1 year;\nor\n(d) the Minister is satisfied that the person has not complied with\nthe guidelines (if any) made under section 3A; or\n(e) the Minister is satisfied that the person is no longer an eligible\nperson; or\n(f) the criteria (if any) prescribed by regulation for this section\napply to the person.\n\nSection 4\npage 4 Justices of the Peace Act 1989\nEffective: 12/12/23\nR8\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The Minister must end a person’s appointment as a justice of the\npeace for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the person’s functions as a justice of the peace.\nNote 1 The appointer’s power to make the appointment includes the power to\nsuspend the appointee. The power to suspend is exercisable in the same\nway, and subject to the same conditions, as the power to make the\nappointment (see Legislation Act, s 208).\nNote 2 A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n4 Register\n(1) The registrar of the Supreme Court must keep a register to be known\nas the Register of Justices of the Peace of the Australian Capital\nTerritory.\n(2) On the appointment of a justice of the peace, the registrar must enter\nhis or her name in the register.\n(3) The registrar must strike off the register the name of a person whose\nappointment as a justice of the peace has ceased.\n5 Use and disclosure of information about justices of the\npeace\n(1) This section applies to the personal information of a justice of the\npeace.\n(2) The Minister may authorise—\n(a) the use of the information to give justices of the peace in the\nACT information about the A.C.T Justices of the Peace\nAssociation Incorporated (the association); and\n(b) the disclosure of the information to the association to help it in\ncirculating information about services that may be given by\njustices of the peace in the ACT.\n\nSection 8\nR8\n12/12/23\nJustices of the Peace Act 1989\nEffective: 12/12/23\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\npersonal information, of a justice of the peace, means the justice’s\nname and contact details.\n8 Permission to use retirement title\n(1) A person may, in writing, apply to the commissioner for fair trading\nfor permission to use the title “JP (Retired)” (the retirement title) after\nthe person’s name if—\n(a) the person’s appointment as a justice of the peace has ended; and\n(b) the person was appointed as a justice of the peace for at least\n10 years in total.\n(2) The commissioner for fair trading must not give permission to use the\nretirement title unless satisfied that the person is of good character\nand standing in the ACT community.\n(3) The commissioner for fair trading may, in writing, withdraw\npermission to use the retirement title if—\n(a) the commissioner is no longer satisfied the person is of good\ncharacter and standing in the ACT community; or\n(b) the person notifies the commissioner, in writing, that the person\nno longer wishes to use the title.\n(4) Permission to use the retirement title does not authorise a person to\nexercise any function of a justice of the peace.\n(5) The commissioner for fair trading may make guidelines in relation to\nthe use of the retirement title.\n(6) A guideline is a notifiable instrument.\nNote The commissioner for fair trading may delegate the commissioner’s\nfunctions under this section to a public servant (see Fair Trading\n(Australian Consumer Law) Act 1992, s 34).\n\nSection 9\npage 6 Justices of the Peace Act 1989\nEffective: 12/12/23\nR8\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Regulation-making power\nThe Executive may make regulations for this Act.\n\nOath and affirmation of office Schedule 1\nR8\n12/12/23\nJustices of the Peace Act 1989\nEffective: 12/12/23\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Oath and affirmation of office\n(see s 3 (4))\nOath\nI, A.B., do swear that I will well and truly serve in the office of justice\nof the peace of the Australian Capital Territory\nSo help me God!\nAffirmation\nI, A.B., do solemnly and sincerely affirm and declare that I will well\nand truly serve in the office of justice of the peace of the Australian\nCapital Territory.\n\nEndnotes\n1 About the endnotes\npage 8 Justices of the Peace Act 1989\nEffective: 12/12/23\nR8\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR8\n12/12/23\nJustices of the Peace Act 1989\nEffective: 12/12/23\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Justices of the Peace\nOrdinance 1989 No 44 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day).\nLegislation before self-government\nJustices of the Peace Act 1989 A1989-44\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nremainder commenced 11 May 1989 (s 2 (2) and see Australian\nCapital Territory (Self-Government) Act 1988 (Cwlth), s 2 (2) and Cwlth\nGaz 1989 No S164)\nas amended by\nLegislation after self-government\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No S45)\ncommenced 10 November 1999 (s 2)\nJustice and Community Safety Amendment Act 2001 A2001-9 sch 1\nnotified 8 March 2001 (Gaz 2001 No 10)\ncommenced 8 March 2001 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 203\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 203 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\n\nEndnotes\n3 Legislation history\npage 10 Justices of the Peace Act 1989\nEffective: 12/12/23\nR8\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2004\n(No 2) A2004-32 pt 11\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 11 commenced 13 July 2004 (s 2 (3))\nJustice and Community Safety Legislation Amendment Act 2005\n(No 2) A2005-11 pt 4\nnotified LR 11 March 2005\ns 1, s 2 commenced 11 March 2005 (LA s 75 (1))\npt 4 commenced 12 March 2005 (s 2)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.13\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.13 commenced 28 September 2010 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2023\nA2023-13 pt 5\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\npt 5 commenced 12 April 2023 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2023 (No 3) A2023-57 pt 11\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 11 commenced 12 December 2023 (s 2 (1))\n\nEndnotes\nAmendment history 4\nR8\n12/12/23\nJustices of the Peace Act 1989\nEffective: 12/12/23\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nLong title\nlong title sub A2004-32 s 80\nName of Act\ns 1 sub A2004-32 s 81\nWho may be appointed justice of the peace?\ns 2 om A2001-44 amdt 1.2292\nins A2005-11 s 15\nAppointments\ns 3 sub A2004-32 s 82\nam A2005-11 s 16\nGuidelines about the role of justice of the peace\ns 3A ins A1999-66 sch 3\nom A2004-32 s 82\nins A2005-11 s 17\nWhen does a person stop being a justice of the peace?\ns 3B ins A2005-11 s 17\nam A2010-30 amdt 1.35; A2023-13 s 16\nResignation\ns 4 am A2004-32 s 83\nUse and disclosure of information about justices of the peace\ns 4A renum as s 5\nUse and disclosure of information about justices of the peace\ns 5 orig s 5 om A2004-32 s 85\n(prev s 4A) ins A2001-9 amdt 1.18\nrenum A2004-32 s 84\nRegister—saving\ns 6 om A2004-32 s 85\nApplication of Legislation Act, s 88\ns 7 ins A2004-32 s 86\nexp 13 July 2004 (s 7 (2))\nPermission to use retirement title\ns 8 ins A2023-13 s 17\nRegulation-making power\ns 9 ins A2023-57 s 29\nOath and affirmation of office\nsch 1 hdg (prev sch hdg) renum R2 LA\n\nEndnotes\n5 Earlier republications\npage 12 Justices of the Peace Act 1989\nEffective: 12/12/23\nR8\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n31 July 1991\n11 May 1989–\n9 Nov 1999\nnot amended initial republication\nsince self-\ngovernment\nR1 (RI)\n24 Sept 2013\n11 May 1989–\n9 Nov 1999\nnot amended reissue of printed\nversion\nR1A\n24 Sept 2013\n10 Nov 1999–\n7 Mar 2001\nA1999-66 amendments by\nA1999-66\nR1B\n24 Sept 2013\n8 Mar 2001–\n11 Sept 2001\nA2001-9 amendments by\nA2001-9\nR2\n12 Mar 2002\n12 Sept 2001–\n12 July 2004\nA2001-44 amendments by\nA2001-44\nR3\n13 July 2004\n13 July 2004–\n13 July 2004\nA2004-32 amendments by\nA2004-32\nR4\n14 July 2004\n14 July 2004–\n11 Mar 2005\nA2004-32 commenced expiry\nR5\n12 Mar 2005\n12 Mar 2005–\n27 Sept 2010\nA2005-11 amendments by\nA2005-11\nR6\n28 Sept 2010\n28 Sept 2010–\n11 Apr 2023\nA2010-30 amendments by\nA2010-30\nR7\n12 Apr 2023\n12 Apr 2023–\n11 Dec 2023\nA2023-13 amendments by\nA2023-13\n© Australian Capital Territory 2023","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing a framework for appointing and managing Justices of the Peace in the ACT. While it has been amended over time (adding guidelines, retirement titles, and updating procedural mechanisms), these changes represent natural evolution within the original scope rather than scope creep. The Act has not expanded to regulate broader justice administration or unrelated matters."},"complexity_factors":["Short statute with only 9 operative sections plus a schedule","Minimal defined terms (only 'personal information' is explicitly defined in the body)","Straightforward conditional logic (simple eligibility criteria in section 2, termination grounds in section 3B)","No nested exceptions or complex cross-referencing structures","Heavy reliance on external instruments (guidelines and regulations) for substantive detail, keeping the primary legislation sparse","Simple procedural mechanisms (appointment, oath, register, termination)"],"plain_english_summary":"This law sets up the rules for appointing Justices of the Peace (JPs) in the Australian Capital Territory (ACT). JPs are volunteers who can witness documents, take affidavits (sworn statements), and perform other minor legal functions.\n\n**What it does:**\n- **Who can become a JP:** Anyone aged 18 or over who meets criteria set by the Minister.\n- **How they're appointed:** The Minister appoints eligible people, who must then take an oath or affirmation before a judge.\n- **How they lose their position:** The Minister can remove a JP for bankruptcy, serious criminal convictions, failing to follow guidelines, or no longer being eligible. Removal is mandatory if they have a physical or mental incapacity that stops them doing the job.\n- **Register:** The Supreme Court registrar keeps a public register of all JPs.\n- **Privacy:** The Minister can share JPs' contact details with the ACT Justices of the Peace Association to help coordinate services.\n- **Retirement title:** Long-serving JPs (10+ years) can apply to use \"JP (Retired)\" after their name, but this doesn't let them perform JP duties.\n\n**Who it affects:** Anyone wanting to become a JP in the ACT, current JPs, and people who need documents witnessed or certified."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on appointing, registering and managing Justices of the Peace. Amendments over time (adding guideline powers, a role/eligibility framework, and a retirement‑title scheme) are incremental administrative additions rather than a substantive expansion beyond the original purpose of establishing and regulating JPs. The core scope—who can be a JP, how they are appointed, registered and removed—has not changed significantly."},"complexity_factors":["Short statute: 9 substantive sections plus one schedule","Few defined terms in the Act itself; several cross-references to other Acts (Legislation Act 2001; Fair Trading (Australian Consumer Law) Act 1992)","Use of multiple delegated instrument types (disallowable instruments, notifiable instruments, regulations)","Ministerial discretions with several conditional grounds for termination (s 3B)","Administrative interactions: appointment mechanics (Legislation Act cross‑references), registrar duties, Commissioner for Fair Trading role (s 8)","One limited data‑sharing provision with narrowly defined fields (s 5)","Minimal nested exceptions or multi‑level conditional logic (low nesting)"],"plain_english_summary":"The Act creates a statutory framework for appointing, registering and managing Justices of the Peace in the ACT: who may be appointed, oath-taking, a public register, ministerial powers to set guidelines and to end appointments, limited disclosure of JP contact details to the local association, and a vetted “JP (Retired)” title for long‑serving former JPs.\n\nIt affects prospective and current JPs, the Minister, the Supreme Court registrar, the Commissioner for Fair Trading, and the ACT JP Association—centralising decision‑making and imposing administrative and oversight costs."}},"importantCases":[],"_links":{"self":"/api/acts/justices-of-the-peace-act-1989","history":"/api/acts/justices-of-the-peace-act-1989/history","analysis":"/api/acts/justices-of-the-peace-act-1989/analysis","conflicts":"/api/acts/justices-of-the-peace-act-1989/conflicts","importantCases":"/api/acts/justices-of-the-peace-act-1989/important-cases","documents":"/api/acts/justices-of-the-peace-act-1989/documents"}}