{"id":"nsw:act-2002-027","name":"Justices of the Peace Act 2002","slug":"justices-of-the-peace-act-2002","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"27 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105055,"registerId":"nsw-act-2002-027-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Justices of the Peace Act 2002](/view/html/inforce/current/act-2002-027).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> exercise a function includes perform a duty.\n> \n> function includes a power, authority or duty.\n> \n> justice of the peace means a person who holds office as a justice of the peace under this Act.\n> \n> Secretary means the Secretary of the Department of Communities and Justice.\n> \n> **s 3:** Am 2019 No 10, Sch 1.13 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Appointment and functions of justices of the peace","content":"# Part 2 Appointment and functions of justices of the peace\n\nPart 2 Appointment and functions of justices of the peace","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Appointment of justices of the peace","content":"#### 4 Appointment of justices of the peace\n\n4 Appointment of justices of the peace\n\n> > (1) The Governor may, on the recommendation of the Minister, appoint a person as a justice of the peace.\n> \n> > (2) A person may not be appointed as a justice of the peace unless the person is eligible to be so appointed.\n> \n> > (3) A person appointed as a justice of the peace is to hold office for a period of 5 years from the date of his or her appointment (subject to the regulations) and may, if eligible to be appointed as a justice of the peace, be re-appointed—\n> > \n> > > (a) by the Governor, on the recommendation of the Minister, or\n> > \n> > > (b) by the Secretary.\n> \n> > (3A) A regulation under subsection (3) cannot provide for a reduction of the term of office of any justice of the peace by more than 1 year and cannot provide for an extension of the term of office of any justice of the peace by more than 2 years.\n> \n> > (4) Despite subsections (3) and (3A), if an application for re-appointment is duly made by a person, the person’s appointment as a justice of the peace continues in force until a determination is made in respect of the application.\n> \n> > (5) (Repealed)\n> \n> **s 4:** Am 2008 No 15, Sch 1 \\[1\\] \\[2\\]; 2008 No 114, Sch 1.11; 2014 No 14, Sch 2.1 \\[1\\]–\\[3\\]; 2019 No 10, Sch 1.13 \\[2\\] \\[3\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Persons who are eligible to be appointed as justices of the peace","content":"#### 5 Persons who are eligible to be appointed as justices of the peace\n\n5 Persons who are eligible to be appointed as justices of the peace\n\n> > (1) A person is eligible to be appointed as a justice of the peace if the person meets all of the following requirements—\n> > \n> > > (a) the person is at least 18 years of age,\n> > \n> > > (b) the person is nominated for appointment by a member of the Legislative Assembly or the Legislative Council,\n> > \n> > > (c) the person satisfies the criteria for appointment as a justice of the peace prescribed by the regulations.\n> \n> > (2) A person seeking re-appointment as a justice of the peace is not required to be nominated for re-appointment by a member of the Legislative Assembly or the Legislative Council.\n> \n> > (3) The Minister may issue guidelines with respect to the appointment of justices of the peace.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Applications to Minister","content":"#### 6 Applications to Minister\n\n6 Applications to Minister\n\n> > (1) A person may apply to the Minister for appointment or re-appointment as a justice of the peace.\n> \n> > (2) An application is to be in the form approved by the Minister and accompanied by—\n> > \n> > > (a) except in the case of an application for re-appointment, a written nomination signed by a member of the Legislative Assembly or the Legislative Council, and\n> > \n> > > (b) any other documents required by the Minister.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Oaths of office to be taken","content":"#### 7 Oaths of office to be taken\n\n7 Oaths of office to be taken\n\n> > (1) A person who is appointed as a justice of the peace must not exercise the functions of a justice of the peace unless the person has taken an oath of office in the form and manner prescribed by the regulations.\n> \n> > (2) A person who is re-appointed as a justice of the peace is not required to take another oath of office if the person held office as a justice of the peace immediately before that re-appointment.\n> \n> **s 7:** Am 2005 No 31, Sch 7 \\[1\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Functions of justices of the peace","content":"#### 8 Functions of justices of the peace\n\n8 Functions of justices of the peace\n\n> > (1) A justice of the peace may exercise any function conferred or imposed on a justice of the peace by or under this Act, the [Oaths Act 1900](/view/html/inforce/current/act-1900-020) or any other Act.\n> \n> > (2) The Minister may issue guidelines with respect to the exercise of specified functions by justices of the peace under this or any other Act.\n> \n> > (3) The guidelines are to incorporate relevant provisions of any code of conduct for justices of the peace that has been prescribed by the regulations.\n> \n> **s 8:** Am 2008 No 15, Sch 1 \\[3\\]; 2013 No 80, Sch 9 \\[1\\].","sortOrder":9},{"sectionNumber":"8A","sectionType":"section","heading":"Justices of the peace may certify copies","content":"#### 8A Justices of the peace may certify copies\n\n8A Justices of the peace may certify copies\n\n> > (1) A justice of the peace may certify a document to be a true and accurate copy if the justice of the peace has both the original document and the copy in his or her possession at the time of certifying.\n> \n> > (2) A justice of the peace who certifies a document under this section must cause to be printed on the copy of the original document the following words or words substantially the same as the following—\n> > \n> > > *I certify this to be a true and accurate copy of the document reported to me to be the original document.*\n> \n> **s 8A:** Ins 2013 No 80, Sch 9 \\[2\\].","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Vacation of office","content":"#### 9 Vacation of office\n\n9 Vacation of office\n\n> > (1) A person ceases to hold the office of a justice of the peace if the person—\n> > \n> > > (a) completes a term of office and is not re-appointed, or\n> > \n> > > (b) resigns the office by instrument in writing addressed to the Minister, or\n> > \n> > > (c) is removed from office by the Governor under subsection (2).\n> \n> > (2) The Governor may at any time, on the recommendation of the Minister, remove a justice of the peace from office.\n> \n> > (3) Without limiting subsection (2), the Governor may at any time, on the recommendation of the Minister, remove a justice of the peace from office—\n> > \n> > > (a) if the person becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or\n> > \n> > > (b) if the person becomes a mentally incapacitated person, or\n> > \n> > > (c) if the person is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or\n> > \n> > > (d) in any other circumstances prescribed by the regulations.\n> \n> **s 9:** Am 2008 No 15, Sch 1 \\[4\\].","sortOrder":11},{"sectionNumber":"9A","sectionType":"section","heading":"Suspension","content":"#### 9A Suspension\n\n9A Suspension\n\n> > (1) The Minister may at any time suspend a justice of the peace from office.\n> \n> > (2) Without limiting subsection (1), the Minister may at any time suspend a justice of the peace from office—\n> > \n> > > (a) if the person is charged with an offence referred to in section 9 (3) (c), or\n> > \n> > > (b) in any of the circumstances set out in section 9 (3) (a)–(d), or\n> > \n> > > (c) in any other circumstances prescribed by the regulations.\n> \n> > (3) A suspension takes effect on the day on which written notice of the suspension is given to the justice of the peace concerned or at such later time as may be specified in the notice.\n> \n> > (4) A person who is suspended under this section is taken not to be a justice of the peace and cannot exercise any function of a justice of the peace during that suspension.\n> \n> > (5) The purported exercise of any function by a justice of the peace during any period that the justice of the peace is suspended cannot be used to challenge or call into question any document or other thing unless the person relying on the document or other thing knew, or ought reasonably to have known, that the justice of the peace was suspended when purporting to exercise the relevant function.\n> \n> > (6) A suspension ceases to have effect when it is withdrawn by the Minister by notice in writing given to the person who is suspended.\n> \n> **s 9A:** Ins 2014 No 14, Sch 2.1 \\[4\\].","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Notification of matters to Minister","content":"#### 10 Notification of matters to Minister\n\n10 Notification of matters to Minister\n\n> > (1) A justice of the peace must notify the Minister in writing of the following—\n> > \n> > > (a) any matter that may cause the justice of the peace to cease to satisfy the prescribed criteria for appointment as a justice of the peace,\n> > \n> > > (b) if the justice of the peace satisfies any of the grounds for removal from office under section 9 (3).\n> \n> > (2) The notice must be given as soon as practicable after the justice of the peace becomes aware of the matter concerned.\n> \n> Maximum penalty—20 penalty units.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Register of justices of the peace","content":"#### 11 Register of justices of the peace\n\n11 Register of justices of the peace\n\n> > (1) The Minister is to cause to be kept and maintained a register of justices of the peace.\n> \n> > (2) The register is to be in the form determined by the Minister and is to contain the particulars prescribed by the regulations.\n> \n> > (3) The register is to be available for inspection by the public, free of charge, during business hours at such places as the Minister determines.\n> \n> > (4) The Secretary may issue a certificate certifying as to whether a person was registered on the register at a particular time. The certificate is admissible in legal proceedings as evidence of the matters certified.\n> \n> > (5) Information entered on the register is presumed (in the absence of evidence to the contrary) to be correct.\n> \n> **s 11:** Am 2019 No 10, Sch 1.13 \\[2\\].","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 12 Nature of proceedings for offences\n\n12 Nature of proceedings for offences\n\n> Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.\n> \n> **s 12:** Am 2007 No 94, Sch 2.","sortOrder":16},{"sectionNumber":"12A","sectionType":"section","heading":"Delegation","content":"#### 12A Delegation\n\n12A Delegation\n\n> The Secretary may delegate the exercise of any function of the Secretary under this Act or the regulations (other than this power of delegation) to—\n> \n> > (a) a Public Service senior executive, within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), assigned to a role in the Department of Communities and Justice, or\n> \n> > (b) another employee of the Department of Communities and Justice who the Secretary considers a sufficiently senior member of the Department’s staff to exercise the function.\n> \n> **s 12A:** Ins 2019 No 10, Sch 1.13 \\[4\\].","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Guidelines to be publicly available","content":"#### 13 Guidelines to be publicly available\n\n13 Guidelines to be publicly available\n\n> The Minister must ensure that guidelines issued by the Minister under this Act are publicly available.","sortOrder":18},{"sectionNumber":"13A","sectionType":"section","heading":"Use of retirement title","content":"#### 13A Use of retirement title\n\n13A Use of retirement title\n\n> > (1) A person may apply to the Secretary in writing for an authority to use the title “JP (Retired)” after the person’s name if the person—\n> > \n> > > (a) has ceased to hold office as a justice of the peace (whether before or after the commencement of this section), and\n> > \n> > > (b) was 65 years or older when the person ceased to hold that office, and\n> > \n> > > (c) held office as a justice of the peace for at least 10 consecutive years before ceasing to hold that office.\n> \n> > (2) The Secretary must not grant an authority unless satisfied that the person is of good character.\n> \n> > (3) The Secretary may cancel an authority by notice in writing to the person if—\n> > \n> > > (a) the Secretary is satisfied that the person is not of good character, or\n> > \n> > > (b) the person notifies the Secretary in writing that the person no longer wishes to use the title.\n> \n> > (4) The granting of an authority does not authorise the person to exercise any of the functions of a justice of the peace.\n> \n> > (5) The regulations may make provision for or with respect to the use of retirement titles.\n> \n> **s 13A:** Ins 2019 No 10, Sch 1.13 \\[5\\].","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Regulations","content":"#### 14 Regulations\n\n14 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may create offences punishable by a penalty not exceeding 10 penalty units.","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 15 Savings and transitional provisions\n\n15 Savings and transitional provisions\n\n> Schedule 1 has effect.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16 (Repealed)","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Review of Act","content":"#### 17 Review of Act\n\n17 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":24},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n(Section 15)\n\n**sch 1:** Am 2005 No 31, Sch 7 \\[2\\] \\[3\\]; 2014 No 14, Sch 2.1 \\[5\\] \\[6\\].","sortOrder":25}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have maintained its original focus on regulating Justices of the Peace in NSW — their appointment, functions, and conduct. The multiple amendments over the years likely reflect administrative refinements rather than fundamental changes in scope. However, without access to the full text of each amended version, this assessment is limited."},"complexity_factors":["Only metadata and status information was provided — the substantive provisions of the Act are not visible, limiting full analysis","The Act has been amended multiple times since 2002 (at least 8 versions), suggesting accumulated complexity over time","Interacts with other legislation such as the Oaths Act and various court-related statutes","A pending 2025 Amendment Bill introduces uncertainty about the current regime","Relatively straightforward subject matter (JP appointments and functions) keeps complexity low overall"],"plain_english_summary":"The Justices of the Peace Act 2002 (NSW) governs volunteer Justices of the Peace who witness signatures, certify document copies, and perform other official witnessing tasks. It affects anyone needing documents witnessed or certified, current and prospective JPs, and organisations that rely on their services.\n\nJPs handle common legal and administrative chores (passports, statutory declarations); the Act sets appointment, conduct and removal rules. A 2025 Amendment Bill is pending; only the Act’s metadata/status was provided here."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing a statutory framework for the appointment, functions, and accountability of Justices of the Peace. While amendments have added specific provisions (such as the power to certify copies in 2013, suspension powers in 2014, and retirement titles in 2019), these are incremental enhancements within the original scope rather than expansion into new policy areas."},"complexity_factors":["Short statute with only 17 sections plus a short Schedule","Only 5 defined terms in the interpretation section (s 3)","Minimal cross-referencing — mostly internal references to other sections of the same Act","Straightforward conditional logic (e.g., eligibility criteria in s 5 are a simple checklist)","Some nested conditions in removal/suspension provisions (s 9 and 9A) but these are clearly enumerated","Regulation-making powers (s 14) defer significant detail to subordinate legislation, keeping the primary Act simple","No complex mathematical formulas, deeming provisions, or multi-layered exceptions"],"plain_english_summary":"This law sets up the rules for appointing and managing Justices of the Peace (JPs) in New South Wales. JPs are volunteers who can witness signatures, certify documents as true copies, and take oaths (formal promises).\n\n**Key things this law does:**\n\n*   **Who can become a JP:** You must be at least 18, nominated by a member of Parliament, and meet other criteria set out in regulations. For re-appointment, you don't need a new nomination.\n*   **How they're appointed:** The Governor appoints JPs on the Minister's recommendation, usually for 5-year terms. The Secretary (head of the Department of Communities and Justice) can also handle re-appointments.\n*   **What JPs can do:** They can perform any function given to them by this Act or other laws, including certifying that copies of documents are true and accurate copies of originals.\n*   **Rules they must follow:** JPs must take an oath of office and follow guidelines issued by the Minister. They must tell the Minister if something happens that might make them ineligible (like being convicted of a serious crime).\n*   **Losing the job:** JPs automatically leave office when their term ends (if not re-appointed), can resign, or can be removed by the Governor for reasons like bankruptcy, mental incapacity, or serious criminal convictions. The Minister can also suspend a JP immediately in certain circumstances.\n*   **Public register:** There's a public register listing all current JPs, so people can check if someone is properly appointed.\n*   **Retired title:** Long-serving JPs (10+ years) who retire at 65 or older can apply to use the title \"JP (Retired)\" — but this doesn't let them do any JP work.\n\n**Why it matters:** This law ensures JPs are properly qualified, accountable, and that the public can verify who is authorised to perform these important administrative functions."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s core scope (appointing and regulating JPs) remains, but later amendments added and clarified administrative and disciplinary features: authority to certify copies (s 8A), explicit suspension rules (s 9A), delegation of Secretary functions (s 12A), a retirement title process (s 13A), and limits on term adjustments (s 4(3A)). These changes expand internal administration, compliance duties (s 10) and enforcement options (s 14) while leaving the primary JP role intact."},"complexity_factors":["Appointment and eligibility criteria with dual recommendation/nomination routes and approved application form (ss 4–6)","Fixed 5‑year term with reappointment rules and regulatory limits on shortening/extending terms (s 4(3), s 4(3A))","Removal and suspension mechanisms that vest discretion in the Minister and Governor and specify statutory grounds (ss 9, 9A)","Operational functions and scope including statutory functions under other Acts and a specific power to certify copies (ss 8, 8A)","Mandatory notification obligations with a financial penalty for non‑compliance (s 10)","Public register requirements and evidentiary effect of Secretary certificates (s 11)","Administrative delegation to senior public servants and requirement for publicly available guidelines (ss 12A, 13)","Retirement title scheme with character gate and cancellation power (s 13A)","Broad regulatory power to fill gaps and create summary offences (s 14) and a statutory review obligation (s 17)"],"plain_english_summary":"Establishes how Justices of the Peace (JPs) are appointed, re‑appointed, suspended or removed, and what they may do. It sets eligibility, five‑year terms, oath requirements, key functions (including certifying copies), a public register, notification duties, and administrative powers for the Minister and Secretary to issue guidelines, delegate functions and make regulations. The law matters to nominees, serving JPs and people who rely on JP services because it defines who can act as a JP, the obligations they carry, and who decides and enforces those rules."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/justices-of-the-peace-act-2002","history":"/api/acts/justices-of-the-peace-act-2002/history","analysis":"/api/acts/justices-of-the-peace-act-2002/analysis","conflicts":"/api/acts/justices-of-the-peace-act-2002/conflicts","importantCases":"/api/acts/justices-of-the-peace-act-2002/important-cases","documents":"/api/acts/justices-of-the-peace-act-2002/documents"}}