{"id":"justices-of-the-peace-act-1991","name":"Justices of the Peace Act 1991","slug":"justices-of-the-peace-act-1991","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30205,"registerId":"nt-justices-of-the-peace-act-1991-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Justices of the Peace Act 1991","content":"NORTHERN TERRITORY OF AUSTRALIA\nJUSTICES OF THE PEACE ACT 1991\nAs in force at 1 August 2025\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Office of justice of the peace ........................................................... 1\n5 Appointment of justice of the peace................................................. 1\n6 Certain office holders to be justices of the peace ............................ 2\n7 Oath of office ................................................................................... 2\n8 Termination, &c. .............................................................................. 2\n9 Vacation of office ............................................................................. 3\n10 Protection of justices of the peace ................................................... 3\n11 Authority of justices of the peace ..................................................... 3\n12 References to justices of the peace................................................. 4\n13 Clerk of the peace ........................................................................... 4\n14 Transitional ...................................................................................... 4\nSchedule 1\nSchedule 2\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 August 2025\n____________________\nJUSTICES OF THE PEACE ACT 1991\nAn act to consolidate legislation in relation to the office of justice of the\npeace\n1 Short title\nThis Act may be cited as the Justices of the Peace Act 1991.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\nclerk of the peace means the person appointed under section 13\nto be the clerk of the peace.\njustice of the peace means a person appointed under section 5 to\nbe, or a person who by virtue of holding office in accordance with\nsection 6 is, a justice of the peace.\n4 Office of justice of the peace\nThere shall be an office of justice of the peace.\n5 Appointment of justice of the peace\n(1) The Administrator may appoint to the office of justice of the peace\nas many persons as are necessary to carry out the functions of\njustices of the peace in the Territory.\n(1A) The Administrator must not appoint a person under subsection (1)\nunless the Administrator is satisfied that the person is a fit and\nproper person to be a justice of the peace.\n\nJustices of the Peace Act 1991 2\n(1B) In deciding whether the person is a fit and proper person to be a\njustice of the peace, the Administrator must have regard to:\n(a) whether the person has been convicted of an offence in\nAustralia or a foreign country, and if so:\n(i) the nature of the offence; and\n(ii) how long ago the offence was committed; and\n(iii) the person's age when the offence was committed; and\n(b) any other matter the Administrator considers relevant to the\ndecision.\n(2) An appointment under subsection (1) may be:\n(a) limited to a term of years; and\n(b) conditional on the person appointed residing in a particular\nlocality.\n6 Certain office holders to be justices of the peace\n(1) A person who holds or acts in an office specified in Schedule 1 is,\nby virtue of holding or acting in the office, a justice of the peace.\n(2) A person referred to in subsection (1) ceases to hold office as a\njustice of the peace if:\n(a) the person ceases to hold or act in an office specified in\nSchedule 1; or\n(b) the person's appointment as justice of the peace is terminated\nunder section 8(1).\n7 Oath of office\n(1) A justice of the peace appointed under section 5 must, before\nproceeding to exercise the powers or discharge the duties of the\noffice, take an oath in accordance with Schedule 2.\n(2) Where a justice of the peace has once taken an oath, it is not\nnecessary for him or her to take an oath or make an affirmation for\nthe purpose of a subsequent appointment.\n8 Termination, &c.\n(1) The Administrator may, by notice in the Gazette, terminate the\nappointment of a person as a justice of the peace.\n\nJustices of the Peace Act 1991 3\n(2) A person whose appointment is terminated ceases to be a justice of\nthe peace on the day specified in the notice published under\nsubsection (1).\n(3) A justice of the peace may, at any time, resign from the office of\njustice of the peace by writing addressed to the clerk of the peace.\n9 Vacation of office\nSubject to section 6, a person ceases to hold office as a justice of\nthe peace if:\n(a) in accordance with section 8(1), the Administrator terminates\nthe appointment;\n(b) he or she has resigned under section 8(3);\n(c) the appointment was subject to a condition and the condition\nceases to be fulfilled; or\n(d) the appointment was for a specified period which has expired.\n10 Protection of justices of the peace\nA justice of the peace has, in the performance of his or her judicial\nduties as a justice of the peace, the same protection and immunity\nas a Local Court Judge has in the performance of his or her duties\nas a Local Court Judge.\n11 Authority of justices of the peace\n(1) A justice of the peace is entitled to use the title \"Justice of the\nPeace\" or \"JP\".\n(2) A justice of the peace may exercise any power conferred on a\njustice of the peace by the common law or this or any other Act,\nincluding an Act of the Commonwealth, a State or Territory of the\nCommonwealth or another country (whether enacted before or after\nthe commencement of this Act).\n(3) A justice of the peace may:\n(a) administer an oath; and\n(b) witness an affidavit; and\n(c) for the purpose of a law in force in the Territory, attest the\nexecution of a document.\n\nJustices of the Peace Act 1991 4\n12 References to justices of the peace\nWhere by, under or for the purposes of a law in force in the\nTerritory a power is conferred on, or a function or duty may be\nperformed by, a justice of the peace, that power may be exercised,\nor the function or duty may be performed, outside the Territory by a\nperson who is a justice of the peace, or a judge for the place in\nwhich it is exercised or performed.\n13 Clerk of the peace\n(1) The Chief Executive Officer must appoint a person to be the clerk of\nthe peace.\n(2) The clerk of the peace shall maintain a roll of justices of the peace.\n(3) Within 28 days after changing his or her address, a justice of the\npeace shall, in writing, notify the clerk of the peace of the change of\naddress and the clerk of the peace shall amend the roll accordingly.\n14 Transitional\n(1) An appointment of a person as a justice of the peace:\n(a) under section 10(1) of the Justices Act 1928; or\n(b) under section 10(3) of that Act, that is continued in force under\nsection 6 of the Transfer of Powers (Further Provisions)\nAct 1977,\nthat is in force immediately before the commencement of this Act\ncontinues in force as if the appointment was made under this Act\nand expressed to be for a period of 5 years after that\ncommencement.\n(2) An appointment under section 10(1) of the Justices Act 1928 of a\nperson that is subject to a condition under section 10(3) of that Act\nin force immediately before the commencement of this Act\ncontinues in force, subject to the conditions expressed in the\nappointment, as if the appointment was made under this Act.\n(3) A reference to a justice of the peace (however described) shall be\nread as a reference to a justice of the peace appointed or holding\noffice as a justice of the peace under this Act.\n(4) Where a justice of the peace has taken an oath or made an\naffirmation of office required under a provision repealed by this Act,\nit is not necessary for him or her to take an oath or make an\naffirmation for the purpose of section 7 of this Act.\n\nSchedule 1\nJustices of the Peace Act 1991 5\nSchedule 1\nsection 6\nSupreme Court Judge\nAssociate Judge\nRegistrar of the Supreme Court\nLocal Court Judge\nRegistrar of the Local Court\nJudicial Registrar or Registrar of the Family Court of Australia\nMayor of a municipality\n\nSchedule 2\nJustices of the Peace Act 1991 6\nSchedule 2\nsection 7\nOATH\nI, , [promise/swear\netc. as required by Oaths, Affidavits and Declarations Act 2010] that I will well and\ntruly serve [Sovereign's name], their heirs and successors, in the office of\njustice of the peace and that I will do right to all manner of people according to\nlaw, without fear or favour, affection or ill-will. [So help me God! or as\nappropriate]\n\nENDNOTES\nJustices of the Peace Act 1991 7\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nJustices of the Peace Act 1991 (Act No. 42, 1991)\nAssent date 26 September 1991\nCommenced 1 January 1992 (Gaz G50, 18 December 1991, p 3)\nStatute Law Revision Act 1993 (Act No. 6, 1993)\nAssent date 18 March 1993\nCommenced 18 March 1993\nStatute Law Revision Act 1997 (Act No. 17, 1997)\nAssent date 11 April 1997\nCommenced 1 May 1997 (Gaz G17, 30 April 1997, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\nStatute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\n\nENDNOTES\nJustices of the Peace Act 1991 8\nAttorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)\nAssent date 6 June 2025\nCommenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 14 and Sch 2.\n4 LIST OF AMENDMENTS\ns 5 amd No. 14, 2025, s 6\ns 7 amd No. 17, 1997, s 13; No. 40, 2010, s 118\ns 11 amd No. 40, 2010, s 118\ns 13 amd No. 14, 2025, s 7\nsch 1 amd No. 6, 1993, s 8; No. 8, 2016, s 45; No. 18, 2017, s 36\nsch 2 amd No. 40, 2010, s 118; No. 10, 2023, s 5","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Amendments updated the appointment regime by adding an explicit \"fit and proper person\" test with specified factors and clarified the clerk of the peace appointment/administration (notably s5 and s13). These changes refine who may be appointed and the administrative oversight but do not alter the Act's core functions of authorising JPs or their powers."},"complexity_factors":["Narrow, single-subject statute with concise provisions and schedules (low legislative volume)","Discretionary appointment power vested in the Administrator (s5) adds legal judgment and review risk","Explicit \"fit and proper\" criteria including criminal history and related factors increase evidentiary assessment (s5(1B))","Automatic appointments by holding specified offices (Schedule 1) create interactions with other appointment regimes","Cross‑jurisdictional operation of JP powers requires reading alongside external Commonwealth, State or foreign laws (s11(2), s12)","Immunity alignment with Local Court Judges has legal consequence for liability and litigation (s10)","Administrative obligations (roll maintenance, address notification) create ongoing compliance tasks (s13)","Transitional references to repealed and earlier Acts may require historical interpretation (s14)"],"plain_english_summary":"This Act sets out who may be a Justice of the Peace (JP) in the Northern Territory, how JPs are appointed and removed, and the core functions they may perform. The Administrator appoints and may terminate JPs and must be satisfied a candidate is \"fit and proper\"; certain public office‑holders are JPs by virtue of office. JPs may administer oaths, witness affidavits, attest documents, exercise statutory or common‑law JP powers across jurisdictions, and have judge‑level immunity; the clerk of the peace keeps the roll (ss5–6,7,10–13)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of consolidating and regulating the office of Justice of the Peace. The 2025 amendments added a 'fit and proper person' test with specific criteria (criminal history considerations) and transferred the Clerk of the Peace appointment from the Administrator to the Chief Executive Officer, but these are refinements within the original scope rather than expansion into new areas."},"complexity_factors":["Only 14 sections plus 2 short schedules","Minimal defined terms (only 2: 'clerk of the peace' and 'justice of the peace')","Straightforward conditional logic (simple 'if/then' structures in sections 6, 8, 9)","No nested exceptions or complex cross-referencing between Parts","Single purpose legislation with clear sequential structure (appointment → oath → termination → powers)","Schedules contain simple lists (office holders in Sch 1, oath text in Sch 2) rather than complex tables or formulas"],"plain_english_summary":"This law sets up the rules for Justices of the Peace (JPs) in the Northern Territory. A JP is a volunteer who can witness documents, take oaths, and perform minor legal duties.\n\n**What it does:**\n- **Creates the office of JP** and allows the Administrator (the Territory's representative of the Crown) to appoint people to the role\n- **Sets eligibility rules**: The Administrator must be satisfied the person is \"fit and proper\" — considering any criminal convictions (looking at what the offence was, how long ago it happened, and how old they were) plus any other relevant factors\n- **Automatic appointments**: Certain office holders automatically become JPs just by holding their job — including Supreme Court Judges, Local Court Judges, Registrars, and Mayors (listed in Schedule 1)\n- **Terms and conditions**: Appointments can be for fixed terms or require the JP to live in a specific area\n- **Oath of office**: New JPs must swear an oath to serve faithfully and do right \"without fear or favour\" (Schedule 2)\n- **Removal and resignation**: The Administrator can sack a JP by publishing a notice, or JPs can resign by writing to the Clerk of the Peace\n- **Protections**: JPs get the same legal protection as Local Court Judges when doing their official duties\n- **Powers**: JPs can use the title \"JP\", administer oaths, witness affidavits (sworn statements), and attest documents\n- **Record keeping**: A Clerk of the Peace maintains a roll (official list) of all JPs, and JPs must tell the Clerk if they move house within 28 days\n\n**Who it affects:**\n- People wanting to become JPs in the NT\n- Current JPs managing their appointment\n- Anyone needing documents witnessed or oaths administered\n- Court staff and Mayors who automatically become JPs\n\n**Why it matters:**\nJPs provide an essential community service — certifying copies, witnessing statutory declarations, and taking affidavits — without needing a lawyer. This law ensures they're properly vetted, accountable, and protected when performing these duties."}},"importantCases":[],"_links":{"self":"/api/acts/justices-of-the-peace-act-1991","history":"/api/acts/justices-of-the-peace-act-1991/history","analysis":"/api/acts/justices-of-the-peace-act-1991/analysis","conflicts":"/api/acts/justices-of-the-peace-act-1991/conflicts","importantCases":"/api/acts/justices-of-the-peace-act-1991/important-cases","documents":"/api/acts/justices-of-the-peace-act-1991/documents"}}