{"id":"justices-of-the-peace-act-2004","name":"Justices of the Peace Act 2004","slug":"justices-of-the-peace-act-2004","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30730,"registerId":"wa-justices-of-the-peace-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Justices of the Peace Act 2004","content":"![Crest]()Western Australia\n\nJustices of the Peace Act 2004\n\nWestern Australia\n\nJustices of the Peace Act 2004\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\nPart 2 — Functions of JPs\n\n4. Functions of JPs 3\n\n5. JP’s functions reduced at age 70 and 75 3\n\n6. Validity of JP’s acts not affected by JP’s death etc. 4\n\n7. Acts done outside WA or limit of jurisdiction, validity of 4\n\nPart 3 — Appointing JPs and related matters\n\nDivision 1 — Appointing JPs\n\n8. Qualifications for appointment 6\n\n9. Minister may recommend appointment to Governor 6\n\n10. Governor may appoint JPs 6\n\n11. Oath or affirmation of office 7\n\nDivision 2 — People who are JPs by virtue of an office\n\n12. Judges, magistrates and others to be JPs 7\n\nDivision 3 — Ceasing to be a JP\n\n13. JP may resign 8\n\n14. JP’s appointment may be terminated 8\n\nPart 4 — Register of JPs\n\n15. Register 9\n\n16. JP to provide information to CEO 9\n\nPart 5 — Miscellaneous\n\n17. Titles for JPs 11\n\n18. Evidentiary matters 11\n\n19. Protection from personal liability 11\n\n20. Breach of this Act by JP not punishable 11\n\n21. Impersonating a JP 12\n\n22. Regulations 12\n\nSchedule 1 — Form of commission\n\nSchedule 2 — Oath and affirmation of office\n\nNotes\n\nCompilation table 15\n\nDefined terms\n\n  \n\nWestern Australia\n\nJustices of the Peace Act 2004\n\nAn Act to provide for the appointment of Justices of the Peace and for related purposes.\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Justices of the Peace Act 2004* 1.\n\n##### 2. Commencement\n\nThis Act comes into operation on the day on which the *Magistrates Court Act 2004* comes into operation 1.\n\n[Section 2 amended: No. 59 of 2004 s. 141.]\n\n##### 3. Terms used\n\nIn this Act, unless the contrary intention appears —\n\n  CEO means the chief executive officer of the department that principally assists the Minister with the administration of this Act;\n\n  identification number, for a JP, means a number, unique to the JP, that is entered in the register in relation to the JP;\n\n  insolvent under administration has the meaning given by section 9 of the *Corporations Act 2001* of the Commonwealth;\n\n  JP  means Justice of the Peace;\n\n  register means the register kept under section 15.\n\n## Part 2 — Functions of JPs\n\n##### 4. Functions of JPs\n\n(1) A JP has and may perform —\n\n(a) the functions conferred on a JP by laws that apply in Western Australia, including this Act and other written laws; and\n\n(b) the functions conferred by the commission appointing the JP.\n\n(2) A JP may perform his or her functions anywhere in the State unless the commission appointing the JP says otherwise.\n\n(3) A JP is not disqualified from performing a function of a JP by reason only of being a ratepayer or being interested in common with the public.\n\n##### 5. JP’s functions reduced at age 70 and 75\n\n(1) A JP who has reached 70 years of age must not —\n\n(a) constitute, whether alone or with others, the Magistrates Court or the Children’s Court; or\n\n(b) perform any function of a visiting justice under the *Prisons Act 1981*,\n\nexcept with the Minister’s written permission given under subsection (3).\n\n(2) A JP who has reached 75 years of age must not —\n\n(a) perform any function of a JP under any of the following Acts —\n\n(i) *Bail Act 1982*;\n\n(ii) *Criminal Investigation (Identifying People) Act 2002*;\n\n(iii) *Criminal Property Confiscation Act 2000*;\n\n(iv) *Misuse of Drugs Act 1981*;\n\nor\n\n(b) issue any warrant or other document that authorises, or includes an authorisation for —\n\n(i) the arrest, apprehension or detention of a person;\n\n(ii) the entry or search of a place;\n\n(iii) the apprehension, detention, entry or search of an aircraft, vehicle or vessel; or\n\n(iv) the seizure of any thing.\n\n(3) The Minister may permit a JP who has reached 70 years of age to perform all or some of the functions referred to in subsection (1), until the JP reaches 75 years of age or until an earlier date, in the whole or a part of the State, as the permit specifies.\n\n##### 6. Validity of JP’s acts not affected by JP’s death etc.\n\nThe validity and effect of a warrant, summons or other document issued by a JP, or of an act done by a JP, is not affected by the JP reaching an age referred to in section 5 or ceasing to hold office or dying.\n\n##### 7. Acts done outside WA or limit of jurisdiction, validity of\n\n(1) An act done outside the State in the performance of a function of a JP by a JP in respect of a document intended to take effect inside the State, including the administration of an oath, is as valid and effectual as if the act were done inside the State, unless the act is required by law to be done in the State.\n\n(2) If a JP’s commission limits where or the circumstances in which the JP may perform the functions of a JP —\n\n(a) an act of the JP performed as part of those functions is not invalid only because it was not done at a place where or in circumstances in which the JP may perform those functions;\n\n(b) a summons issued by the JP may be served, and a warrant issued by the JP may be executed, anywhere in the State; and\n\n(c) it is not necessary for any document signed by, or recording an act of, the JP to indicate where and in what circumstances it was signed or the act was performed.\n\n## Part 3 — Appointing JPs and related matters\n\n### Division 1 — Appointing JPs\n\n##### 8. Qualifications for appointment\n\nA person is qualified to be appointed as a JP if the person —\n\n(a) is an Australian citizen under the *Australian Citizenship Act 1948* of the Commonwealth 2; and\n\n(b) is enrolled as an elector for the Legislative Assembly in accordance with the *Electoral Act 1907* or for the House of Representatives in accordance with the *Commonwealth Electoral Act 1918*.\n\n##### 9. Minister may recommend appointment to Governor\n\nThe Minister may recommend to the Governor that a person who is qualified under section 8 be appointed as a JP.\n\n##### 10. Governor may appoint JPs\n\n(1) If under section 9 the Minister makes a recommendation in respect of a person, the Governor may appoint the person as a JP.\n\n(2) The Governor may appoint as many people as JPs as are necessary to assist in the administration of justice and in the maintenance of peace, order and good government in the State.\n\n(3) A person who ordinarily resides outside the State may be appointed as a JP.\n\n(4) The appointment of a JP is to be by a commission in the form in Schedule 1 issued under the Public Seal of the State to the appointee.\n\n(5) The commission appointing a JP may limit where, or the circumstances in which, the JP may perform the functions of a JP.\n\n(6) Notice of the appointment of a JP is to be published in the *Gazette* after the JP has complied with section 11.\n\n##### 11. Oath or affirmation of office\n\nBefore performing the functions of a JP, a JP must take an oath or affirmation of office, in the form set out in Schedule 2, before the Governor, a judge of the Supreme Court or the District Court, a magistrate, or a person authorised for the purpose by the Governor.\n\n### Division 2 — People who are JPs by virtue of an office\n\n##### 12. Judges, magistrates and others to be JPs\n\n(1) A person who holds any of the following offices is, while and by virtue of doing so, a JP —\n\n(a) a judge, acting judge, auxiliary judge, master, or commissioner, of the Supreme Court;\n\n(b) a judge, acting judge, auxiliary judge, or commissioner, of the District Court;\n\n(c) a judge, or acting judge, of the Family Court;\n\n(d) a judge, acting judge, magistrate, or acting magistrate, of the Children’s Court;\n\n(e) a magistrate, or acting magistrate, of the Magistrates Court;\n\n(f) the State Coroner, Deputy State Coroner, or acting Deputy State Coroner, appointed under the *Coroners Act 1996*;\n\n(g) a member of Executive Council.\n\n(2) Section 11 and Division 3 do not apply to a person who is a JP by virtue of subsection (1).\n\n### Division 3 — Ceasing to be a JP\n\n##### 13. JP may resign\n\n(1) A JP may resign from office by sending the Minister a signed letter of resignation.\n\n(2) The resignation takes effect when the letter is received by the Minister or on a later date (if any) stated in the letter.\n\n(3) The CEO must publish a notice of the resignation in the *Gazette*.\n\n##### 14. JP’s appointment may be terminated\n\n(1) The Governor, on the recommendation of the Minister, may terminate the appointment of a person as a JP.\n\n(2) The person ceases to hold office as a JP on the publication of a notice in the *Gazette*.\n\n## Part 4 — Register of JPs\n\n##### 15. Register\n\n(1) In this section —\n\npublic information means information that is prescribed to be public information.\n\n(2) The CEO is to create and keep a register of all JPs other than those referred to in section 12.\n\n(3) The CEO is to ensure that a permanent record is kept of the information in the register.\n\n(4) The register —\n\n(a) is to be kept in a form and manner that enables the public information in it to be inspected in an up to date form by the public; and\n\n(b) is to contain, in relation to each JP, the identification number of the JP, and such other details as are prescribed.\n\n(5) The public information in the register is to be available for inspection by any person, on payment of any fee prescribed.\n\n(6) A copy of the public information in the register may be supplied, on payment of any fee prescribed.\n\n(7) The CEO is to make any amendments necessary to ensure that the register is accurate and up to date.\n\n##### 16. JP to provide information to CEO\n\n(1) A JP is to inform the CEO if the JP —\n\n(a) changes his or her name or address;\n\n(b) is convicted of any offence; or\n\n(c) becomes an insolvent under administration,\n\nwithin 30 days after the event concerned.\n\n(2) If requested to do so by the CEO, a JP is to provide the CEO with —\n\n(a) proof of a change of name or address;\n\n(b) any information that the CEO requests for the purpose of the administration of this Act.\n\n## Part 5 — Miscellaneous\n\n##### 17. Titles for JPs\n\nA JP is entitled to use the titles “Justice of the Peace” and “JP”.\n\n##### 18. Evidentiary matters\n\n(1) The presence after a signature of a title referred to in section 17 is proof that the signature is that of a person who was at the time a JP, unless the contrary is proved.\n\n(2) A certificate signed by the CEO certifying that a person is or is not, or was or was not on a date or during a period specified in the certificate, a JP is proof of the contents of the certificate, unless the contrary is proved.\n\n(3) It is to be presumed that a certificate issued under subsection (2) that purports to be signed by the CEO was signed by a person who at the time was the CEO.\n\n##### 19. Protection from personal liability\n\n(1) In this section, a reference to the doing of anything includes a reference to an omission to do anything.\n\n(2) A action in tort does not lie against a person for anything that the person does while he or she is a JP in the performance or purported performance of a function of a JP unless the person acts corruptly or maliciously.\n\n(3) The Crown is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (2).\n\n##### 20. Breach of this Act by JP not punishable\n\nContravention of this Act by a JP is not an offence.\n\n##### 21. Impersonating a JP\n\n(1) If a person who is not a JP pretends to be, or asserts that he or she is, a JP in the knowledge that he or she is not a JP, the person commits an offence.\n\n(2) If a person who is not a JP uses a title referred to in section 17 in the knowledge that he or she is not a JP, the person commits an offence.\n\nPenalty: Imprisonment for 12 months.\n\n##### 22. Regulations\n\n(1) The Governor may make regulations prescribing all matters that are required or permitted to be prescribed by this Act or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n(2) Without limiting subsection (1), regulations may be made with respect to —\n\n(a) preventing or suppressing improper or undesirable practices relating to the performance of functions by JPs;\n\n(b) prescribing fees payable in connection with the administration of this Act.\n\nSchedule 1 — Form of commission\n\n[s. 10(4)]\n\n[Heading for commissions]\n\nTo: [name]:\n\n1. By this commission issued under the Public Seal of the State, I, the Governor, acting under the *Justices of the Peace Act 2004* section 10 and with the advice and consent of the Executive Council and reposing full trust and confidence in your loyalty, integrity and ability, appoint you as a Justice of the Peace as from and including [date].\n\n2. You have the powers, responsibilities, authorities, jurisdictions and privileges that apply to the office of Justice of the Peace.\n\n3. You are to perform conscientiously, responsibly, and in accordance with the law, the duties that the law imposes on Justices of the Peace, and you are to assist in the administration of justice and in the maintenance of peace, order and good government in the State.\n\n4. You hold the office of Justice of the Peace subject to the *Justices of the Peace Act 2004* as amended from time to time.\n\nIssued …\n\nSchedule 2 — Oath and affirmation of office\n\n[s. 11]\n\nI, [*name*], [*insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2005*] that I will faithfully serve the people and the State of Western Australia in the office of a Justice of the Peace and I will do right to all manner of people, according to law, without fear or favour, affection or ill will.\n\n[Schedule 2 amended: No. 24 of 2005 s. 63.]\n\n![A:\\dline.gif]()\n\nNotes\n\n1 This reprint is a compilation as at 17 July 2009 of the *Justices of the Peace Act 2004* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Justices of the Peace Act 2004* | 23 of 2004 | 15 Sep 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7127) |\n| *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) |\n| *Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005* s. 63 | 24 of 2005 | 2 Dec 2005 | 1 Jan 2006 (see s. 2 and *Gazette* 23 Dec 2005 p. 6244) |\n| **Reprint 1: The *Justices of the Peace Act 2004* as at 17 Jul 2009** (includes amendments listed above) | | | |\n\n\n2 Repealed by the *Australian Citizenship (Transitionals and Consequentials) Act 2007* s. 3 of the Commonwealth. See the *Australian Citizenship Act 2007* of the Commonwealth.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCEO 3\n\nidentification number 3\n\ninsolvent under administration 3\n\nJP 3\n\npublic information 15(1)\n\nregister 3\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The submission contained only a website error message indicating the requested page is no longer available due to system upgrades."},"complexity_factors":["No legislative content was retrievable — the URL returned a 'page not found' error message rather than the actual text of the Act","Complexity cannot be meaningfully assessed without access to the legislation itself","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page that was supposed to contain the *Justices of the Peace Act 2004* (Western Australia) is no longer available at the requested web address. The Western Australian Parliamentary Counsel's Office website has undergone system upgrades, and the link to this legislation has changed or broken.\n\n**What this means for you:** No analysis of the actual law can be provided based on this content. To access the *Justices of the Peace Act 2004* (WA), try:\n- Visiting [legislation.wa.gov.au](https://www.legislation.wa.gov.au) and searching directly for the Act\n- Contacting the Parliamentary Counsel's Office Helpdesk as suggested on the page\n- Searching via [austlii.edu.au](https://www.austlii.edu.au) as an alternative source"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act remains focused on establishing the appointment, powers, limits and administrative arrangements for Justices of the Peace in Western Australia. The provisions consolidate: qualifications and appointment mechanics (ss 8–11), automatic JP status for certain offices (s 12), a public register and notification duties (ss 15–16), age-based limits (s 5), immunity and evidentiary rules (ss 18–19). Subsequent minor amendments noted in the compilation table adjusted commencement and oath wording but did not materially broaden the subject‑matter of the Act beyond its original purpose of providing a statutory framework for JPs."},"complexity_factors":["Short Act with 22 sections plus 2 schedules and notes","About 6 defined terms in the interpretation section (CEO; identification number; insolvent under administration; JP; public information; register) (s 3, s 15(1))","Multiple short Parts and Divisions (Parts 1–5; Division 1–3 in Part 3) but each contains limited provisions","Several cross-references to other statutes (Prisons Act 1981; Bail Act 1982; Criminal Investigation (Identifying People) Act 2002; Criminal Property Confiscation Act 2000; Misuse of Drugs Act 1981; Oaths, Affidavits and Statutory Declarations Act 2005 and Commonwealth Acts) increasing interpretive links","Age-based conditional rules with nested permissions (s 5 and s 5(3))","Discretionary executive functions (Minister/Governor/CEO) with procedural steps (recommendation, appointment, Gazette publication) (ss 9–11, 13–15)","Register rules include public/ non‑public information split, feeability and ongoing accuracy duties (s 15)","Limited exceptions and exclusions (eg, JPs by virtue of office exempt from some sections) (s 12)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a statutory framework for appointing, registering and regulating Justices of the Peace (JPs) in Western Australia (Parts 2–5). Key mechanics: appointment by the Governor on the Minister’s recommendation (ss 9–10); oath or affirmation before acting (s 11); a public register kept by the CEO (s 15); notification duties for JPs (s 16); age-based limits on some JP functions at 70 and 75 (s 5); protections from personal civil liability while acting as a JP (s 19); and criminal penalties for impersonating a JP (s 21).\n\n- The Act also defines which public office-holders are automatically JPs by virtue of their office (judges, magistrates, certain coroners, Executive Council members) and excludes them from some appointment/termination formalities (s 12).\n\n**Who it affects**\n\n- Newly appointed and existing JPs (those appointed under this Act — ss 8–11, 15–16). Judges, magistrates and other specified office‑holders are JPs by virtue of office (s 12) but are treated differently for register and resignation/termination procedures.\n\n- The Minister, who recommends appointments and may grant written permission for older JPs to continue certain functions (ss 9, 5(3)).\n\n- The Governor, who makes appointments and terminates them on the Minister’s recommendation (ss 10, 14).\n\n- The CEO (the chief executive of the department assisting the Minister), who keeps and publishes the JP register and manages administrative compliance (ss 3, 15, 16).\n\n- Members of the public who rely on JP acts (eg, witnessing documents, signing warrants, administering oaths) and who may inspect or obtain public register information on payment of prescribed fees (s 15(4)–(6)).\n\n**Why it matters (stated purpose and operational consequences)**\n\n- Purpose claimed by the Act: to provide for appointment of JPs and related administrative matters (short title and long title). Mechanically, it creates the legal authority and record-keeping needed for JPs to exercise their statutory functions safely, transparently and consistently (ss 4, 10, 15).\n\n- Concrete operational consequences:\n  - Formal appointment process centralises who becomes a JP and who decides (Minister recommends, Governor appoints) (ss 9–10).\n  - Age limits restrict certain coercive or court functions at 70 and 75 unless the Minister permits continuation (s 5). This changes who can issue warrants or constitute courts without additional permission (s 5(2)).\n  - A publicly inspectable register creates traceability of who is a JP and enables certificates of JP status (s 15; s 18(2)). Fees for inspection/supply can be charged (s 15(5)–(6)).\n  - Legal protections: JPs are protected from personal tort liability for acts done in performance (or purported performance) of JP functions unless action was corrupt or malicious; the Crown’s liability is similarly relieved (s 19). This affects civil-risk allocation between individuals and the State.\n  - Impersonation is criminalised with a maximum 12‑month imprisonment, deterring misuse of JP titles (s 21).\n\n**Who pays, who decides, and how behaviour changes**\n\n- Who pays: the State funds administration (register maintenance, Gazette notices). Members of the public pay any prescribed inspection or copy fees for register information (s 15(5)–(6)). JPs bear the compliance cost of notifying the CEO of changes and providing proof when asked (s 16).\n\n- Who decides: the Minister recommends appointments and may permit older JPs to continue restricted functions (ss 9, 5(3)); the Governor formally appoints or terminates (ss 10, 14); the CEO runs the register and publishes notices (ss 15, 13).\n\n- Behaviour changes required:\n  - Prospective JPs must meet citizenship and electoral-enrolment qualifications (s 8) and take an oath/affirmation before exercising functions (s 11).\n  - JPs must notify the CEO of name/address changes, convictions or insolvency within 30 days, and provide requested proof (s 16).\n  - JPs aged 70+ or 75+ are limited in certain functions unless permitted by the Minister (s 5).\n\n**Costs, incentives, trade-offs and implementation risks**\n\n- Administrative costs and incentives: the State (via the CEO) must maintain an up-to-date public register and publish Gazettes for appointments/resignations/terminations (ss 13, 14, 15). Fees may offset inspection/copying costs, but the Act permits fees rather than mandating them (s 15(5)–(6)).\n\n- Incentives and concentrated benefits: appointment confers title, limited liability protection, and authority to perform statutory tasks (ss 17, 19). These are concentrated benefits for appointees. The public gains traceability but pays small fees and bears administrative costs.\n\n- Accountability trade-off: the Act shields JPs from personal tort liability except for corrupt or malicious conduct (s 19). That reduces individual legal risk but concentrates residual accountability on the Crown and on criminal sanctions for serious misconduct (s 21). The shield may lower deterrence of negligent behaviour; the statutory limit (corrupt or malicious acts excluded) preserves some personal accountability.\n\n- Discretion and capture risk: appointment and termination rest on Minister/Governor discretion (ss 9–10, 14), and the Minister can grant exemptions for older JPs (s 5(3)). These are normal administrative powers but concentrate decision-making in executive hands and create scope for contested decisions about fitness for office.\n\n- Implementation risks: keeping the register accurate depends on timely JP reporting (s 16) and CEO action (s 15(7)). Failure to update the register or publish Gazette notices could undermine public confidence in who is authorised to act as a JP.\n\n**Cross-references and limits on the Act’s reach**\n\n- The Act works with other laws that assign specific JP functions (s 4(1)(a)). It explicitly cross-references various Acts in which age-based restrictions apply (s 5(2)(a)) and the Prisons Act for visiting justice functions (s 5(1)(b)).\n\n**Practical points a user should note**\n\n- A person can be appointed as a JP even if they live outside WA (s 10(3)).\n- A JP’s acts remain valid even after the JP dies or ceases to hold office (s 6).\n- Using the JP title falsely or impersonating a JP is a criminal offence (s 21).\n\n(References are to sections in the Justices of the Peace Act 2004.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"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":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing for the appointment and regulation of Justices of the Peace. The scope has not expanded beyond this core function."},"complexity_factors":["Short statute with only 22 sections plus 2 schedules","Only 5 defined terms in the interpretation section (s. 3), plus one additional definition in s. 15(1)","Minimal cross-referencing—primarily references to other Acts in lists (e.g., s. 5(2) lists specific Acts where functions are restricted)","Simple conditional logic: age-based restrictions in s. 5 are clearly tiered (70 vs 75) with a straightforward exception mechanism (Minister's permission)","No nested exceptions or complex provisos","Straightforward administrative structure: appointment → oath → register → resignation/termination","Evidentiary provisions (s. 18) are standard and self-contained"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up the rules for appointing and regulating **Justices of the Peace (JPs)** in Western Australia. JPs are ordinary citizens (or certain office-holders) who have legal authority to perform specific functions like witnessing documents, issuing warrants, and presiding over some court matters.\n\n**Key things the law covers:**\n\n*   **Who can become a JP:** You must be an Australian citizen and enrolled to vote (either in WA state elections or federal elections).\n*   **How JPs are appointed:** The Minister recommends candidates to the Governor, who then formally appoints them by issuing a \"commission\" (an official document). Some people automatically become JPs by virtue of their job—such as judges, magistrates, and members of the Executive Council (senior government ministers).\n*   **What JPs can do:** They can perform functions granted by any WA law, including witnessing affidavits (sworn statements), issuing warrants for arrest or search, and sitting as a magistrate in some courts. However, their powers are reduced once they turn 70 (they can't sit as a magistrate without special permission) and further restricted at age 75 (they can't issue arrest warrants or deal with serious criminal matters).\n*   **Age limits:** At 70, JPs lose the power to act as magistrates unless the Minister gives written permission. At 75, they lose additional powers including issuing warrants and handling bail or drug-related matters.\n*   **Register:** There's a public register of all JPs (except automatic JPs like judges), kept by the CEO of the relevant government department. JPs must tell the CEO if they change their name or address, are convicted of a crime, or become bankrupt (\"insolvent under administration\").\n*   **Protections:** JPs are protected from being sued personally for things they do in their official role, unless they act corruptly or maliciously. However, breaking this Act isn't a criminal offence for JPs themselves.\n*   **Impersonation:** It's a crime (punishable by up to 12 months in prison) to pretend to be a JP or use the title if you're not one.\n\n**Why it matters:**\n\nThis law ensures that people performing important legal functions—like witnessing your statutory declaration or issuing a warrant—are properly qualified, accountable, and identifiable. It balances giving ordinary citizens legal authority with safeguards (age limits, registration, penalties for impersonation) to protect the public."}},"importantCases":[],"_links":{"self":"/api/acts/justices-of-the-peace-act-2004","history":"/api/acts/justices-of-the-peace-act-2004/history","analysis":"/api/acts/justices-of-the-peace-act-2004/analysis","conflicts":"/api/acts/justices-of-the-peace-act-2004/conflicts","importantCases":"/api/acts/justices-of-the-peace-act-2004/important-cases","documents":"/api/acts/justices-of-the-peace-act-2004/documents"}}