{"id":"qld:act-1991-050","name":"Justices of the Peace and Commissioners for Declarations Act 1991","slug":"justices-of-the-peace-and-commissioners-for-declarations-act-1991","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"50 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104835,"registerId":"qld-act-1991-050-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Justices of the Peace and Commissioners for Declarations Act 1991 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nSection 1 , this section and section 45 commence on the day this Act receives the Royal Assent.\nThe remaining provisions of this Act commence on a day to be fixed by proclamation.\ns 2 amd 1993 No. 76 s 3 sch 1\n(sec.2-ssec.1) Section 1 , this section and section 45 commence on the day this Act receives the Royal Assent.\n(sec.2-ssec.2) The remaining provisions of this Act commence on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\naffidavit includes a statutory declaration.\ns 3 def affidavit ins 1993 No. 76 s 3 sch 1\nappointed commissioner for declarations means a person who holds office as a commissioner for declarations—\npursuant to an appointment made under section 15 (3) ; or\nunder section 44 (4) .\nappointed justice of the peace means a person who holds office—\nas a justice of the peace under section 41 (a) ; or\nas a justice of the peace (commissioner for declarations) under section 42 (1) ; or\nas a justice of the peace (qualified) pursuant to an appointment made under section 15 (1) ; or\nas a justice of the peace (magistrates court) pursuant to an appointment made under section 15 (1) .\nappointee , for part 3A , see section 31A .\ns 3 def appointee ins 2023 No. 23 s 87 (2)\nappointment , for part 3A , see section 31A .\ns 3 def appointment ins 2023 No. 23 s 87 (2)\napproved training course , for part 3A , see section 31A .\ns 3 def approved training course ins 2023 No. 23 s 87 (2)\nAustralian lawyer see the Legal Profession Act 2007 , schedule 2 .\ns 3 def Australian lawyer ins 2004 No. 11 s 596 sch 1\namd 2007 No. 24 s 770 sch 1\ncode of conduct means a code of conduct in effect under section 31G .\ns 3 def code of conduct ins 2023 No. 23 s 87 (2)\ncommissioner for declarations means—\na person who holds office as a commissioner for declarations under section 19 (3) ; or\na person who is an appointed commissioner for declarations.\ncontact details , of a justice of the peace or commissioner for declarations, means the telephone number, email address (if any) and suburb or other locality of the residence of the justice of the peace or commissioner for declarations.\ns 3 def contact details ins 2010 No. 42 s 127\namd 2013 No. 35 s 99\nconviction means a finding of guilt or acceptance of a plea of guilty by a court, whether or not a conviction is recorded.\ns 3 def conviction ins 2023 No. 23 s 87 (2)\nCouncil ...\ns 3 def Council om 1996 No. 40 s 3\ncourt includes a justice of the peace conducting an examination of witnesses in relation to an indictable offence under the Justices Act 1886 .\ncriminal history of a person—\nmeans the person’s convictions of offences committed in Queensland or elsewhere; and\ndespite the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 , includes spent convictions.\ns 3 def criminal history ins 1993 No. 76 s 3 sch 1\nsub 2023 No. 23 s 87\ndisqualifying conviction see section 17A .\ns 3 def disqualifying conviction ins 2023 No. 23 s 87 (2)\nground for revoking an appointment , for part 3A , see section 31A .\ns 3 def ground for revoking an appointment ins 2023 No. 23 s 87(2)\ninformation notice means a notice complying with the QCAT Act , section 157 (2) .\ns 3 def information notice ins 2023 No. 23 s 87 (2)\ninvestigator’s report , for part 3A , see section 31A .\ns 3 def investigator’s report ins 2023 No. 23 s 87 (2)\njustice of the peace means—\na person who holds office as a justice of the peace, including 1 of any category, under section 19 ; or\na person who is an appointed justice of the peace.\nlegal practitioner ...\ns 3 def legal practitioner om 2004 No. 11 s 596 sch 1\npossession includes control.\nprescribed mark of office means a prescribed mark of office within the meaning of section 31 (4) .\nprocedural action or order means an action taken or order made for, or incidental to, proceedings not constituting a hearing and determination on the merits of the matter to which the proceedings relate, for example the charging of a defendant, the issue of a warrant, the granting of bail, the remand of a defendant or the adjournment of proceedings.\nQueensland Government website means—\nwww.qld.gov.au; or\nanother website prescribed by regulation.\ns 3 def Queensland Government website ins 2017 No. 17 s 134 (2)\nregister means the register kept under section 13 .\nregistered particulars means particulars about justices of the peace and commissioners for declarations mentioned in section 13 (2) (b) stated on the register.\ns 3 def registered particulars ins 2010 No. 42 s 127\nregistrar means the registrar of justices of the peace and commissioners for declarations.\ns 3 def registrar sub 1993 No. 76 s 3 sch 1\nrepealed Act means the Justices of the Peace Act 1975 .\ns 3 def repealed Act sub 1993 No. 76 s 3 sch 1\nsimple offence means a simple offence or breach of duty within the meaning given to those terms by section 4 of the Justices Act 1886 .\ntraining course includes—\na training course with or without an examination; or\nan examination only.\ns 3 def training course ins 1991 No. 97 s 3 sch 1\ns 3 amd 2017 No. 17 s 134 (1)\n- (a) pursuant to an appointment made under section 15 (3) ; or\n- (b) under section 44 (4) .\n- (a) as a justice of the peace under section 41 (a) ; or\n- (b) as a justice of the peace (commissioner for declarations) under section 42 (1) ; or\n- (c) as a justice of the peace (qualified) pursuant to an appointment made under section 15 (1) ; or\n- (d) as a justice of the peace (magistrates court) pursuant to an appointment made under section 15 (1) .\n- (a) a person who holds office as a commissioner for declarations under section 19 (3) ; or\n- (b) a person who is an appointed commissioner for declarations.\n- (a) means the person’s convictions of offences committed in Queensland or elsewhere; and\n- (b) despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 , includes spent convictions.\n- (a) a person who holds office as a justice of the peace, including 1 of any category, under section 19 ; or\n- (b) a person who is an appointed justice of the peace.\n- (a) www.qld.gov.au; or\n- (b) another website prescribed by regulation.\n- (a) a training course with or without an examination; or\n- (b) an examination only.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Advisory council","content":"### sec.4 Advisory council\n\nThe Minister may establish an advisory council to advise the Minister in the administration of this Act.\nThe advisory council is to consist of the members appointed to the council by the Minister.\nWhen appointing members to the council, the Minister must have regard to—\na person’s knowledge of the roles and functions of justices; and\nthe special interest, knowledge or experience a person may bring to the council, including, for example, a special interest in, or knowledge or experience of—\nthe needs of particular areas of the State, including rural and remote areas, to be serviced by justices and the special needs of justices servicing the areas; or\nthe needs of Aboriginal or Torres Strait Islander communities to be serviced by justices and the special needs of justices servicing the communities.\nThe advisory council is to meet at the times and conduct its proceedings in the way directed by the Minister.\nIn this section—\njustices means justices of the peace and commissioners for declarations.\ns 4 amd 1991 No. 97 s 3 sch 1\nsub 1996 No. 40 s 4\n(sec.4-ssec.1) The Minister may establish an advisory council to advise the Minister in the administration of this Act.\n(sec.4-ssec.2) The advisory council is to consist of the members appointed to the council by the Minister.\n(sec.4-ssec.3) When appointing members to the council, the Minister must have regard to— a person’s knowledge of the roles and functions of justices; and the special interest, knowledge or experience a person may bring to the council, including, for example, a special interest in, or knowledge or experience of— the needs of particular areas of the State, including rural and remote areas, to be serviced by justices and the special needs of justices servicing the areas; or the needs of Aboriginal or Torres Strait Islander communities to be serviced by justices and the special needs of justices servicing the communities.\n(sec.4-ssec.4) The advisory council is to meet at the times and conduct its proceedings in the way directed by the Minister.\n(sec.4-ssec.5) In this section— justices means justices of the peace and commissioners for declarations.\n- (a) a person’s knowledge of the roles and functions of justices; and\n- (b) the special interest, knowledge or experience a person may bring to the council, including, for example, a special interest in, or knowledge or experience of— (i) the needs of particular areas of the State, including rural and remote areas, to be serviced by justices and the special needs of justices servicing the areas; or (ii) the needs of Aboriginal or Torres Strait Islander communities to be serviced by justices and the special needs of justices servicing the communities.\n- (i) the needs of particular areas of the State, including rural and remote areas, to be serviced by justices and the special needs of justices servicing the areas; or\n- (ii) the needs of Aboriginal or Torres Strait Islander communities to be serviced by justices and the special needs of justices servicing the communities.\n- (i) the needs of particular areas of the State, including rural and remote areas, to be serviced by justices and the special needs of justices servicing the areas; or\n- (ii) the needs of Aboriginal or Torres Strait Islander communities to be serviced by justices and the special needs of justices servicing the communities.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":null,"content":"### Section sec.5\n\ns 5 amd 1993 No. 76 s 3 sch 1 ; 1995 No. 24 s 21\nom 1996 No. 40 s 4","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 om 1996 No. 40 s 4","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 amd 1993 No. 76 s 3 sch 1\nom 1996 No. 40 s 4","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 amd 1993 No. 76 s 3 sch 1 ; 1995 No. 58 s 4 sch 2\nom 1996 No. 40 s 4","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 amd 1993 No. 76 s 3 sch 1\nom 1996 No. 40 s 4","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 om 1996 No. 40 s 4","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 om 1996 No. 40 s 4","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Registrar of justices of the peace and commissioners for declarations","content":"### sec.12 Registrar of justices of the peace and commissioners for declarations\n\nA registrar of justices of the peace and commissioners for declarations is to be employed under the Public Sector Act 2022 .\ns 12 sub 1995 No. 24 s 22 ; 1996 No. 37 s 147 sch 2\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3","sortOrder":13},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Deputy registrars","content":"### sec.12A Deputy registrars\n\nDeputy registrars of justices of the peace and commissioners for declarations may be employed under the Public Sector Act 2022 .\nA deputy registrar may exercise the powers of the registrar.\ns 12A ins 1996 No. 37 s 147 sch 2\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.12A-ssec.1) Deputy registrars of justices of the peace and commissioners for declarations may be employed under the Public Sector Act 2022 .\n(sec.12A-ssec.2) A deputy registrar may exercise the powers of the registrar.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Register of justices of the peace and commissioners for declarations","content":"### sec.13 Register of justices of the peace and commissioners for declarations\n\nThe registrar is to keep a register of all appointed justices of the peace and appointed commissioners for declarations.\nThe register—\nmay be in hard copy or electronic form; and\nmust state, for each person who is a justice of the peace or commissioner for declarations—\nthe person’s name and contact details; and\nthe person’s particulars of appointment; and\nmust be kept available for inspection under section 38A at each office of the registrar.\ns 13 amd 2010 No. 42 s 128 ; 2013 No. 35 s 100\n(sec.13-ssec.1) The registrar is to keep a register of all appointed justices of the peace and appointed commissioners for declarations.\n(sec.13-ssec.2) The register— may be in hard copy or electronic form; and must state, for each person who is a justice of the peace or commissioner for declarations— the person’s name and contact details; and the person’s particulars of appointment; and must be kept available for inspection under section 38A at each office of the registrar.\n- (a) may be in hard copy or electronic form; and\n- (b) must state, for each person who is a justice of the peace or commissioner for declarations— (i) the person’s name and contact details; and (ii) the person’s particulars of appointment; and\n- (i) the person’s name and contact details; and\n- (ii) the person’s particulars of appointment; and\n- (c) must be kept available for inspection under section 38A at each office of the registrar.\n- (i) the person’s name and contact details; and\n- (ii) the person’s particulars of appointment; and","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Correction of register","content":"### sec.14 Correction of register\n\nWithout derogating from any other power conferred by this Act to correct the register, the registrar is to make such amendments from time to time to the register as are necessary to ensure that it contains an accurate record of the registered particulars of appointed justices of the peace and appointed commissioners for declarations.\ns 14 amd 2010 No. 42 s 129","sortOrder":16},{"sectionNumber":"pt.3","sectionType":"part","heading":"Justices of the peace and commissioners for declarations","content":"# Justices of the peace and commissioners for declarations","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Appointments of justices of the peace and commissioners for declarations","content":"### sec.15 Appointments of justices of the peace and commissioners for declarations\n\nThe Governor in Council may appoint as justices of the peace as many persons as the Governor in Council thinks necessary to keep the peace in Queensland.\nA justice of the peace appointed under subsection (1) is to be appointed to 1 of the categories—\njustice of the peace (qualified); or\njustice of the peace (magistrates court).\nThe Governor in Council may appoint as many persons as the Governor in Council thinks fit to be commissioners for declarations.\nAn appointment takes effect on and from registration under this Act.\ns 15 amd 2023 No. 23 s 88\n(sec.15-ssec.1) The Governor in Council may appoint as justices of the peace as many persons as the Governor in Council thinks necessary to keep the peace in Queensland.\n(sec.15-ssec.2) A justice of the peace appointed under subsection (1) is to be appointed to 1 of the categories— justice of the peace (qualified); or justice of the peace (magistrates court).\n(sec.15-ssec.3) The Governor in Council may appoint as many persons as the Governor in Council thinks fit to be commissioners for declarations.\n(sec.15-ssec.4) An appointment takes effect on and from registration under this Act.\n- (a) justice of the peace (qualified); or\n- (b) justice of the peace (magistrates court).","sortOrder":18},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Application for appointment","content":"### sec.15A Application for appointment\n\nA person may apply to the chief executive for appointment as a justice of the peace or commissioner for declarations.\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed by regulation; and\notherwise made in the way prescribed by regulation.\nThe chief executive must consider the application and decide under this part whether or not the person is qualified for appointment.\nIf the person has a disqualifying conviction—\nthe application must include an application for an exemption under section 17B (an exemption application ) in relation to the conviction; and\nthe chief executive must decide the exemption application before deciding whether the person is qualified for appointment.\nThe chief executive may ask the person for further information the chief executive needs to decide the application.\nThe application lapses if—\nthe chief executive gives the applicant a notice—\nasking the applicant to do something to comply with this section including, for example, submitting an exemption application that is required under subsection (4) (a) ; or\nasking the applicant for further information under subsection (5) ; and\nthe chief executive states a day (the due day ), at least 30 days after the day the notice is given, by which the applicant must comply with the request; and\nthe applicant does not comply with the request by the due day or any later day allowed by the chief executive.\nIf the chief executive decides the person is qualified for appointment—\nthe chief executive must notify the Minister of the decision; and\nthe Minister must recommend to the Governor in Council that the person be appointed.\nIf the chief executive decides the person is not qualified for appointment—\nthe chief executive must give the person an information notice for the decision; and\nthe person may apply to QCAT, as provided under the QCAT Act , for a review of the decision.\ns 15A ins 2023 No. 23 s 89\n(sec.15A-ssec.1) A person may apply to the chief executive for appointment as a justice of the peace or commissioner for declarations.\n(sec.15A-ssec.2) The application must be— in the approved form; and accompanied by the fee prescribed by regulation; and otherwise made in the way prescribed by regulation.\n(sec.15A-ssec.3) The chief executive must consider the application and decide under this part whether or not the person is qualified for appointment.\n(sec.15A-ssec.4) If the person has a disqualifying conviction— the application must include an application for an exemption under section 17B (an exemption application ) in relation to the conviction; and the chief executive must decide the exemption application before deciding whether the person is qualified for appointment.\n(sec.15A-ssec.5) The chief executive may ask the person for further information the chief executive needs to decide the application.\n(sec.15A-ssec.6) The application lapses if— the chief executive gives the applicant a notice— asking the applicant to do something to comply with this section including, for example, submitting an exemption application that is required under subsection (4) (a) ; or asking the applicant for further information under subsection (5) ; and the chief executive states a day (the due day ), at least 30 days after the day the notice is given, by which the applicant must comply with the request; and the applicant does not comply with the request by the due day or any later day allowed by the chief executive.\n(sec.15A-ssec.7) If the chief executive decides the person is qualified for appointment— the chief executive must notify the Minister of the decision; and the Minister must recommend to the Governor in Council that the person be appointed.\n(sec.15A-ssec.8) If the chief executive decides the person is not qualified for appointment— the chief executive must give the person an information notice for the decision; and the person may apply to QCAT, as provided under the QCAT Act , for a review of the decision.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed by regulation; and\n- (c) otherwise made in the way prescribed by regulation.\n- (a) the application must include an application for an exemption under section 17B (an exemption application ) in relation to the conviction; and\n- (b) the chief executive must decide the exemption application before deciding whether the person is qualified for appointment.\n- (a) the chief executive gives the applicant a notice— (i) asking the applicant to do something to comply with this section including, for example, submitting an exemption application that is required under subsection (4) (a) ; or (ii) asking the applicant for further information under subsection (5) ; and\n- (i) asking the applicant to do something to comply with this section including, for example, submitting an exemption application that is required under subsection (4) (a) ; or\n- (ii) asking the applicant for further information under subsection (5) ; and\n- (b) the chief executive states a day (the due day ), at least 30 days after the day the notice is given, by which the applicant must comply with the request; and\n- (c) the applicant does not comply with the request by the due day or any later day allowed by the chief executive.\n- (i) asking the applicant to do something to comply with this section including, for example, submitting an exemption application that is required under subsection (4) (a) ; or\n- (ii) asking the applicant for further information under subsection (5) ; and\n- (a) the chief executive must notify the Minister of the decision; and\n- (b) the Minister must recommend to the Governor in Council that the person be appointed.\n- (a) the chief executive must give the person an information notice for the decision; and\n- (b) the person may apply to QCAT, as provided under the QCAT Act , for a review of the decision.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Qualification for appointment","content":"### sec.16 Qualification for appointment\n\nSubject to subsection (2) , a person is qualified for appointment as a justice of the peace or a commissioner for declarations if—\nthe chief executive is satisfied under section 17 that the person is suitable for appointment; and\nthe person is an adult; and\nfor a person other than an Australian lawyer—the person has completed any pre-appointment training course; and\nthe person is an Australian citizen; and\nthe person—\nordinarily resides in Queensland; or\nworks, or proposes to work, in Queensland and cannot perform that work unless the person is a justice of the peace or a commissioner for declarations.\nA person is not qualified for appointment as a justice of the peace or a commissioner for declarations if—\nthe person is an insolvent under administration; or\nthe person has a disqualifying conviction; or\na previous appointment of the person as a justice of the peace or a commissioner for declarations was revoked within the previous 5 years.\nIn this section—\npre-appointment training course means a training course approved under section 32 (1) (a) .\ns 16 amd 1995 No. 24 s 23 ; 1996 No. 40 s 5 ; 2004 No. 11 s 596 sch 1 ; 2008 No. 59 s 77\nsub 2023 No. 23 s 90\n(sec.16-ssec.1) Subject to subsection (2) , a person is qualified for appointment as a justice of the peace or a commissioner for declarations if— the chief executive is satisfied under section 17 that the person is suitable for appointment; and the person is an adult; and for a person other than an Australian lawyer—the person has completed any pre-appointment training course; and the person is an Australian citizen; and the person— ordinarily resides in Queensland; or works, or proposes to work, in Queensland and cannot perform that work unless the person is a justice of the peace or a commissioner for declarations.\n(sec.16-ssec.2) A person is not qualified for appointment as a justice of the peace or a commissioner for declarations if— the person is an insolvent under administration; or the person has a disqualifying conviction; or a previous appointment of the person as a justice of the peace or a commissioner for declarations was revoked within the previous 5 years.\n(sec.16-ssec.3) In this section— pre-appointment training course means a training course approved under section 32 (1) (a) .\n- (a) the chief executive is satisfied under section 17 that the person is suitable for appointment; and\n- (b) the person is an adult; and\n- (c) for a person other than an Australian lawyer—the person has completed any pre-appointment training course; and\n- (d) the person is an Australian citizen; and\n- (e) the person— (i) ordinarily resides in Queensland; or (ii) works, or proposes to work, in Queensland and cannot perform that work unless the person is a justice of the peace or a commissioner for declarations.\n- (i) ordinarily resides in Queensland; or\n- (ii) works, or proposes to work, in Queensland and cannot perform that work unless the person is a justice of the peace or a commissioner for declarations.\n- (i) ordinarily resides in Queensland; or\n- (ii) works, or proposes to work, in Queensland and cannot perform that work unless the person is a justice of the peace or a commissioner for declarations.\n- (a) the person is an insolvent under administration; or\n- (b) the person has a disqualifying conviction; or\n- (c) a previous appointment of the person as a justice of the peace or a commissioner for declarations was revoked within the previous 5 years.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Suitability for appointment","content":"### sec.17 Suitability for appointment\n\nIn deciding whether a person is suitable to be appointed as a justice of the peace or a commissioner for declarations, or continue to hold office, the chief executive may consider—\nthe person’s character and standing in the community; and\nanything that may affect the person’s ability to competently fulfil the duties of a justice of the peace or a commissioner for declarations; and\nwhether the person has ever—\nheld an occupational licence that has been suspended or revoked; or\nbeen disqualified from holding an occupational licence; and\nwhether the person has ever been convicted of an offence and, if so—\nthe number of offences of which the person has been convicted; and\nthe following matters relating to each offence—\nthe nature and seriousness of the offence;\nthe penalty imposed for the offence;\nthe person’s age when they committed the offence;\nhow long ago the person committed the offence; and\nfor a person holding office or who has held office—whether the person has ever contravened the code of conduct without reasonable excuse and, if so, the number, recency, nature and seriousness of the contraventions; and\nanything else relevant to the person’s suitability to hold office.\nIn this section—\noccupational licence means a licence, permit or other authority to work in a profession, business, trade or industry.\noffice means office as an appointed justice of the peace or appointed commissioner for declarations.\nrevoked includes cancelled.\ns 17 amd 1991 No. 97 s 3 sch 1 ; 1993 No. 76 s 3 sch 1 ; 1995 No. 58 s 4 sch 2 ; 2000 No. 16 s 590 sch 1 pt 2 ; 2007 No. 37 s 100 sch\nsub 2008 No. 59 s 78 ; 2023 No. 23 s 90\n(sec.17-ssec.1) In deciding whether a person is suitable to be appointed as a justice of the peace or a commissioner for declarations, or continue to hold office, the chief executive may consider— the person’s character and standing in the community; and anything that may affect the person’s ability to competently fulfil the duties of a justice of the peace or a commissioner for declarations; and whether the person has ever— held an occupational licence that has been suspended or revoked; or been disqualified from holding an occupational licence; and whether the person has ever been convicted of an offence and, if so— the number of offences of which the person has been convicted; and the following matters relating to each offence— the nature and seriousness of the offence; the penalty imposed for the offence; the person’s age when they committed the offence; how long ago the person committed the offence; and for a person holding office or who has held office—whether the person has ever contravened the code of conduct without reasonable excuse and, if so, the number, recency, nature and seriousness of the contraventions; and anything else relevant to the person’s suitability to hold office.\n(sec.17-ssec.2) In this section— occupational licence means a licence, permit or other authority to work in a profession, business, trade or industry. office means office as an appointed justice of the peace or appointed commissioner for declarations. revoked includes cancelled.\n- (a) the person’s character and standing in the community; and\n- (b) anything that may affect the person’s ability to competently fulfil the duties of a justice of the peace or a commissioner for declarations; and\n- (c) whether the person has ever— (i) held an occupational licence that has been suspended or revoked; or (ii) been disqualified from holding an occupational licence; and\n- (i) held an occupational licence that has been suspended or revoked; or\n- (ii) been disqualified from holding an occupational licence; and\n- (d) whether the person has ever been convicted of an offence and, if so— (i) the number of offences of which the person has been convicted; and (ii) the following matters relating to each offence— (A) the nature and seriousness of the offence; (B) the penalty imposed for the offence; (C) the person’s age when they committed the offence; (D) how long ago the person committed the offence; and\n- (i) the number of offences of which the person has been convicted; and\n- (ii) the following matters relating to each offence— (A) the nature and seriousness of the offence; (B) the penalty imposed for the offence; (C) the person’s age when they committed the offence; (D) how long ago the person committed the offence; and\n- (A) the nature and seriousness of the offence;\n- (B) the penalty imposed for the offence;\n- (C) the person’s age when they committed the offence;\n- (D) how long ago the person committed the offence; and\n- (e) for a person holding office or who has held office—whether the person has ever contravened the code of conduct without reasonable excuse and, if so, the number, recency, nature and seriousness of the contraventions; and\n- (f) anything else relevant to the person’s suitability to hold office.\n- (i) held an occupational licence that has been suspended or revoked; or\n- (ii) been disqualified from holding an occupational licence; and\n- (i) the number of offences of which the person has been convicted; and\n- (ii) the following matters relating to each offence— (A) the nature and seriousness of the offence; (B) the penalty imposed for the offence; (C) the person’s age when they committed the offence; (D) how long ago the person committed the offence; and\n- (A) the nature and seriousness of the offence;\n- (B) the penalty imposed for the offence;\n- (C) the person’s age when they committed the offence;\n- (D) how long ago the person committed the offence; and\n- (A) the nature and seriousness of the offence;\n- (B) the penalty imposed for the offence;\n- (C) the person’s age when they committed the offence;\n- (D) how long ago the person committed the offence; and","sortOrder":21},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Disqualifying convictions","content":"### sec.17A Disqualifying convictions\n\nA disqualifying conviction is—\na conviction, including a spent conviction, for—\nan indictable offence; or\nan offence involving dishonesty; or\nan offence involving a breach of confidentiality; or\nan offence against this Act; or\na conviction, including a spent conviction, for an offence for which a sentence of imprisonment was imposed, even if the sentence was suspended.\nHowever, a conviction of a person is not a disqualifying conviction if the chief executive has granted the person an exemption under section 17B in relation to the conviction.\ns 17A ins 2023 No. 23 s 90\n(sec.17A-ssec.1) A disqualifying conviction is— a conviction, including a spent conviction, for— an indictable offence; or an offence involving dishonesty; or an offence involving a breach of confidentiality; or an offence against this Act; or a conviction, including a spent conviction, for an offence for which a sentence of imprisonment was imposed, even if the sentence was suspended.\n(sec.17A-ssec.2) However, a conviction of a person is not a disqualifying conviction if the chief executive has granted the person an exemption under section 17B in relation to the conviction.\n- (a) a conviction, including a spent conviction, for— (i) an indictable offence; or (ii) an offence involving dishonesty; or (iii) an offence involving a breach of confidentiality; or (iv) an offence against this Act; or\n- (i) an indictable offence; or\n- (ii) an offence involving dishonesty; or\n- (iii) an offence involving a breach of confidentiality; or\n- (iv) an offence against this Act; or\n- (b) a conviction, including a spent conviction, for an offence for which a sentence of imprisonment was imposed, even if the sentence was suspended.\n- (i) an indictable offence; or\n- (ii) an offence involving dishonesty; or\n- (iii) an offence involving a breach of confidentiality; or\n- (iv) an offence against this Act; or","sortOrder":22},{"sectionNumber":"sec.17B","sectionType":"section","heading":"Exemptions for disqualifying convictions","content":"### sec.17B Exemptions for disqualifying convictions\n\nA person who is a justice of the peace or commissioner for declarations, or is applying under section 15A for appointment, may apply to the chief executive for an exemption in relation to a conviction mentioned in section 17A (1) .\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed by regulation; and\notherwise made in the way prescribed by regulation.\nThe chief executive may grant the exemption if satisfied—\nit would be appropriate to grant the exemption, having regard to the matters mentioned in section 17 (1) (d) ; and\nbecause of special circumstances, it would be in the public interest to appoint the person as a justice of the peace or a commissioner for declarations or allow the person to continue to hold that office.\nA particular community has needs that may not be sufficiently and appropriately served unless the person is appointed or continues in office.\nThe chief executive may not grant the exemption if the conviction is for an offence against this Act.\nThe chief executive may ask the person for further information the chief executive needs to decide the application.\nThe application lapses if—\nthe chief executive gives the applicant a notice—\nasking the applicant to do something to comply with this section; or\nasking the applicant for further information under subsection (5) ; and\nthe chief executive states a day (the due day ), at least 30 days after the day the notice is given, by which the applicant must comply with the request; and\nthe applicant does not comply with the request by the due day or any later day allowed by the chief executive.\nIf the chief executive decides to grant the exemption, the chief executive must give the person written notice of the decision.\nIf the chief executive decides not to grant the exemption—\nthe chief executive must give the person an information notice for the decision; and\nthe person may apply to QCAT, as provided under the QCAT Act , for a review of the decision.\ns 17B ins 2023 No. 23 s 90\n(sec.17B-ssec.1) A person who is a justice of the peace or commissioner for declarations, or is applying under section 15A for appointment, may apply to the chief executive for an exemption in relation to a conviction mentioned in section 17A (1) .\n(sec.17B-ssec.2) The application must be— in the approved form; and accompanied by the fee prescribed by regulation; and otherwise made in the way prescribed by regulation.\n(sec.17B-ssec.3) The chief executive may grant the exemption if satisfied— it would be appropriate to grant the exemption, having regard to the matters mentioned in section 17 (1) (d) ; and because of special circumstances, it would be in the public interest to appoint the person as a justice of the peace or a commissioner for declarations or allow the person to continue to hold that office. A particular community has needs that may not be sufficiently and appropriately served unless the person is appointed or continues in office.\n(sec.17B-ssec.4) The chief executive may not grant the exemption if the conviction is for an offence against this Act.\n(sec.17B-ssec.5) The chief executive may ask the person for further information the chief executive needs to decide the application.\n(sec.17B-ssec.6) The application lapses if— the chief executive gives the applicant a notice— asking the applicant to do something to comply with this section; or asking the applicant for further information under subsection (5) ; and the chief executive states a day (the due day ), at least 30 days after the day the notice is given, by which the applicant must comply with the request; and the applicant does not comply with the request by the due day or any later day allowed by the chief executive.\n(sec.17B-ssec.7) If the chief executive decides to grant the exemption, the chief executive must give the person written notice of the decision.\n(sec.17B-ssec.8) If the chief executive decides not to grant the exemption— the chief executive must give the person an information notice for the decision; and the person may apply to QCAT, as provided under the QCAT Act , for a review of the decision.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed by regulation; and\n- (c) otherwise made in the way prescribed by regulation.\n- (a) it would be appropriate to grant the exemption, having regard to the matters mentioned in section 17 (1) (d) ; and\n- (b) because of special circumstances, it would be in the public interest to appoint the person as a justice of the peace or a commissioner for declarations or allow the person to continue to hold that office. Example of special circumstances— A particular community has needs that may not be sufficiently and appropriately served unless the person is appointed or continues in office.\n- (a) the chief executive gives the applicant a notice— (i) asking the applicant to do something to comply with this section; or (ii) asking the applicant for further information under subsection (5) ; and\n- (i) asking the applicant to do something to comply with this section; or\n- (ii) asking the applicant for further information under subsection (5) ; and\n- (b) the chief executive states a day (the due day ), at least 30 days after the day the notice is given, by which the applicant must comply with the request; and\n- (c) the applicant does not comply with the request by the due day or any later day allowed by the chief executive.\n- (i) asking the applicant to do something to comply with this section; or\n- (ii) asking the applicant for further information under subsection (5) ; and\n- (a) the chief executive must give the person an information notice for the decision; and\n- (b) the person may apply to QCAT, as provided under the QCAT Act , for a review of the decision.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 ins 1991 No. 97 s 3 sch 1\nom 2023 No. 23 s 91","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Justices of the peace and commissioners for declarations by virtue of office","content":"### sec.19 Justices of the peace and commissioners for declarations by virtue of office\n\nEvery person who holds office as—\na Supreme Court judge or a District Court judge; or\na magistrate;\nwithout further appointment, is a justice of the peace.\nA person who has retired, or resigned, from office as a Supreme Court or District Court judge or a magistrate is, without further appointment, a justice of the peace.\nEvery person who holds office—\nas a registrar of the Supreme Court or of the District Court; or\nas a clerk of the court or registrar of a Magistrates Court, not being a police officer;\nwithout further appointment, and for so long as the person holds the office, is—\nif the person is an Australian lawyer—a justice of the peace (magistrates court); or\nif the person is not an Australian lawyer—a justice of the peace (qualified).\nEvery clerk of or above the age of 18 who is employed as an officer of the public service in an office of the Supreme Court, the District Court or a Magistrates Court without further appointment, and for so long as the clerk is so employed, is a commissioner for declarations.\nA person—\nwho is mentioned in subsection (2) or (3) ; and\nwho was, on 31 October 1991, a justice of the peace under section 9 (vi) of the repealed Act;\nis, without further appointment and despite subsections (2) and (3) , a justice of the peace (magistrates court) while the person continues to be employed as a public service officer in an office of the Supreme Court, the District Court or a Magistrates Court.\nThis section does not affect an office held by a person under a provision of this Act other than this section.\ns 19 amd 1991 No. 97 s 3 sch 1 ; 1996 No. 40 s 6 ; 1999 No. 19 s 3 sch ; 2004 No. 11 s 596 sch 1\n(sec.19-ssec.1) Every person who holds office as— a Supreme Court judge or a District Court judge; or a magistrate; without further appointment, is a justice of the peace.\n(sec.19-ssec.1A) A person who has retired, or resigned, from office as a Supreme Court or District Court judge or a magistrate is, without further appointment, a justice of the peace.\n(sec.19-ssec.2) Every person who holds office— as a registrar of the Supreme Court or of the District Court; or as a clerk of the court or registrar of a Magistrates Court, not being a police officer; without further appointment, and for so long as the person holds the office, is— if the person is an Australian lawyer—a justice of the peace (magistrates court); or if the person is not an Australian lawyer—a justice of the peace (qualified).\n(sec.19-ssec.3) Every clerk of or above the age of 18 who is employed as an officer of the public service in an office of the Supreme Court, the District Court or a Magistrates Court without further appointment, and for so long as the clerk is so employed, is a commissioner for declarations.\n(sec.19-ssec.4) A person— who is mentioned in subsection (2) or (3) ; and who was, on 31 October 1991, a justice of the peace under section 9 (vi) of the repealed Act; is, without further appointment and despite subsections (2) and (3) , a justice of the peace (magistrates court) while the person continues to be employed as a public service officer in an office of the Supreme Court, the District Court or a Magistrates Court.\n(sec.19-ssec.5) This section does not affect an office held by a person under a provision of this Act other than this section.\n- (a) a Supreme Court judge or a District Court judge; or\n- (b) a magistrate;\n- (a) as a registrar of the Supreme Court or of the District Court; or\n- (b) as a clerk of the court or registrar of a Magistrates Court, not being a police officer;\n- (c) if the person is an Australian lawyer—a justice of the peace (magistrates court); or\n- (d) if the person is not an Australian lawyer—a justice of the peace (qualified).\n- (a) who is mentioned in subsection (2) or (3) ; and\n- (b) who was, on 31 October 1991, a justice of the peace under section 9 (vi) of the repealed Act;","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Oath or affirmation of office","content":"### sec.20 Oath or affirmation of office\n\nBefore a person other than a Supreme Court judge or District Court judge performs any of the functions of office as a justice of the peace, the person is to—\ntake an oath of allegiance and office in the following form—\n“I,_______, do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of 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.\nSO HELP ME GOD!”; or\nmake an affirmation of allegiance and office in the following form—\n“I,_______, do solemnly, sincerely, declare and affirm that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of 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.”.\nThe oath or affirmation referred to in subsection (1) may be taken or made before, and administered or received by, a Supreme Court judge or a District Court judge, a magistrate or any person authorised in that behalf by writ of dedimus potestatem .\nIn the case of the death or abdication of Her Majesty, the name of Her Majesty’s successor according to law for the time being is to be substituted in the form of the oath or affirmation prescribed by this section for the name of Her Majesty.\nThe form of oath to be taken or affirmation to be made by a justice of the peace under this section is in substitution for any oath or affirmation of allegiance or office otherwise prescribed by law.\nBefore a person performs any of the functions of office as a commissioner for declarations the person is to take or make the oath or affirmation prescribed by the regulations.\nThe oath or affirmation referred to in subsection (5) may be taken or made before—\na justice of the peace or a commissioner for declarations; or\na person before whom may be taken or made the oath or affirmation prescribed for justices of the peace.\nIf, in compliance with subsection (1) or with any Act authorising the appointment of justices of the peace in existence at any time before the commencement of this Act, a person has taken or made an oath or affirmation of allegiance and an oath or affirmation of office or an oath or affirmation of allegiance and office upon being appointed or becoming a justice of the peace, the person is not required to take or make any oath or affirmation referred to in this section—\non being continued in office as, or on again being appointed or becoming, a justice of the peace under any provision of this Act; or\non being appointed or becoming a commissioner for declarations under any provision of this Act;\nbefore performing any of the functions of office as justice of the peace or, as the case may be, commissioner for declarations.\nIf in compliance with subsection (5) a person has taken or made the oath or affirmation referred to in the subsection on being appointed or becoming a commissioner for declarations, the person is not required, on again being appointed or becoming a commissioner for declarations under any provision of this Act, to take or make the oath or affirmation before performing any of the functions of office as commissioner for declarations.\ns 20 amd 1992 No. 68 s 3 sch 1\n(sec.20-ssec.1) Before a person other than a Supreme Court judge or District Court judge performs any of the functions of office as a justice of the peace, the person is to— take an oath of allegiance and office in the following form— “I,_______, do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of 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. SO HELP ME GOD!”; or make an affirmation of allegiance and office in the following form— “I,_______, do solemnly, sincerely, declare and affirm that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of 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(sec.20-ssec.2) The oath or affirmation referred to in subsection (1) may be taken or made before, and administered or received by, a Supreme Court judge or a District Court judge, a magistrate or any person authorised in that behalf by writ of dedimus potestatem .\n(sec.20-ssec.3) In the case of the death or abdication of Her Majesty, the name of Her Majesty’s successor according to law for the time being is to be substituted in the form of the oath or affirmation prescribed by this section for the name of Her Majesty.\n(sec.20-ssec.4) The form of oath to be taken or affirmation to be made by a justice of the peace under this section is in substitution for any oath or affirmation of allegiance or office otherwise prescribed by law.\n(sec.20-ssec.5) Before a person performs any of the functions of office as a commissioner for declarations the person is to take or make the oath or affirmation prescribed by the regulations.\n(sec.20-ssec.6) The oath or affirmation referred to in subsection (5) may be taken or made before— a justice of the peace or a commissioner for declarations; or a person before whom may be taken or made the oath or affirmation prescribed for justices of the peace.\n(sec.20-ssec.7) If, in compliance with subsection (1) or with any Act authorising the appointment of justices of the peace in existence at any time before the commencement of this Act, a person has taken or made an oath or affirmation of allegiance and an oath or affirmation of office or an oath or affirmation of allegiance and office upon being appointed or becoming a justice of the peace, the person is not required to take or make any oath or affirmation referred to in this section— on being continued in office as, or on again being appointed or becoming, a justice of the peace under any provision of this Act; or on being appointed or becoming a commissioner for declarations under any provision of this Act; before performing any of the functions of office as justice of the peace or, as the case may be, commissioner for declarations.\n(sec.20-ssec.8) If in compliance with subsection (5) a person has taken or made the oath or affirmation referred to in the subsection on being appointed or becoming a commissioner for declarations, the person is not required, on again being appointed or becoming a commissioner for declarations under any provision of this Act, to take or make the oath or affirmation before performing any of the functions of office as commissioner for declarations.\n- (a) take an oath of allegiance and office in the following form—\n- “I,_______, do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of 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. SO HELP ME GOD!”; or\n- (b) make an affirmation of allegiance and office in the following form—\n- “I,_______, do solemnly, sincerely, declare and affirm that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of 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- (a) a justice of the peace or a commissioner for declarations; or\n- (b) a person before whom may be taken or made the oath or affirmation prescribed for justices of the peace.\n- (a) on being continued in office as, or on again being appointed or becoming, a justice of the peace under any provision of this Act; or\n- (b) on being appointed or becoming a commissioner for declarations under any provision of this Act;","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Registration of justices of the peace and commissioners for declarations","content":"### sec.21 Registration of justices of the peace and commissioners for declarations\n\nOn proof to the satisfaction of the registrar that a person—\nhas been appointed to be a justice of the peace or a commissioner for declarations under section 15 ; and\nhas taken or made the prescribed oath or affirmation of allegiance and office; and\nhas complied with any prescribed conditions;\nthe registrar is to register the person as a justice of the peace or, as the case may be, a commissioner for declarations, unless subsection (8) applies.\nThe registrar is to register a person under subsection (1) by entering in the register—\nthe name and contact details of the person; and\na note of the office to which the person has been appointed; and\nthe person’s registered number of office mentioned in subsection (3) ; and\nthe date of registration.\nOn registering a person under subsection (2) , the registrar is to issue to the person, in a form approved by the Minister—\na seal of office; and\na registered number of office.\nA seal of office approved by the Minister is to allow for an imprint—\nthat indicates the office of the person to whom it is issued; and\nprovides a space for the insertion of the person’s registered number of office.\nThe registrar must publish, on the Queensland Government website, notice of the appointment and registration of a person as a justice of the peace or commissioner for declarations.\nHowever, the registrar is not required to notify the appointment and registration of a person under subsection (5) if the registrar considers withholding notification is necessary to protect the safety or wellbeing of the person or a relative of the person.\na person, or a relative of the person, whose occupation involves the administration or enforcement of the law, for example, a police officer, inspector or corrective services officer\na person who has reasonably held concerns for the safety or wellbeing of the person, or a relative, because of domestic violence or the commission of an offence\nUpon payment of the prescribed fee, the registrar may issue to an appointed justice of the peace or appointed commissioner for declarations a certificate of registration in a form approved by the Minister.\nIf, 6 months after the appointment by the Governor in Council of a person as a justice of the peace or a commissioner for declarations—\nthe appointment has not been registered under subsection (1) ; and\nproof of the matters mentioned in subsection (1) (a) to (c) has not been provided to the registrar’s satisfaction;\nthe appointment lapses.\ns 21 amd 1991 No. 97 s 3 sch 1 ; 2010 No. 42 s 130 ; 2013 No. 35 s 101 ; 2017 No. 17 s 135\n(sec.21-ssec.1) On proof to the satisfaction of the registrar that a person— has been appointed to be a justice of the peace or a commissioner for declarations under section 15 ; and has taken or made the prescribed oath or affirmation of allegiance and office; and has complied with any prescribed conditions; the registrar is to register the person as a justice of the peace or, as the case may be, a commissioner for declarations, unless subsection (8) applies.\n(sec.21-ssec.2) The registrar is to register a person under subsection (1) by entering in the register— the name and contact details of the person; and a note of the office to which the person has been appointed; and the person’s registered number of office mentioned in subsection (3) ; and the date of registration.\n(sec.21-ssec.3) On registering a person under subsection (2) , the registrar is to issue to the person, in a form approved by the Minister— a seal of office; and a registered number of office.\n(sec.21-ssec.4) A seal of office approved by the Minister is to allow for an imprint— that indicates the office of the person to whom it is issued; and provides a space for the insertion of the person’s registered number of office.\n(sec.21-ssec.5) The registrar must publish, on the Queensland Government website, notice of the appointment and registration of a person as a justice of the peace or commissioner for declarations.\n(sec.21-ssec.6) However, the registrar is not required to notify the appointment and registration of a person under subsection (5) if the registrar considers withholding notification is necessary to protect the safety or wellbeing of the person or a relative of the person. a person, or a relative of the person, whose occupation involves the administration or enforcement of the law, for example, a police officer, inspector or corrective services officer a person who has reasonably held concerns for the safety or wellbeing of the person, or a relative, because of domestic violence or the commission of an offence\n(sec.21-ssec.7) Upon payment of the prescribed fee, the registrar may issue to an appointed justice of the peace or appointed commissioner for declarations a certificate of registration in a form approved by the Minister.\n(sec.21-ssec.8) If, 6 months after the appointment by the Governor in Council of a person as a justice of the peace or a commissioner for declarations— the appointment has not been registered under subsection (1) ; and proof of the matters mentioned in subsection (1) (a) to (c) has not been provided to the registrar’s satisfaction; the appointment lapses.\n- (a) has been appointed to be a justice of the peace or a commissioner for declarations under section 15 ; and\n- (b) has taken or made the prescribed oath or affirmation of allegiance and office; and\n- (c) has complied with any prescribed conditions;\n- (a) the name and contact details of the person; and\n- (b) a note of the office to which the person has been appointed; and\n- (c) the person’s registered number of office mentioned in subsection (3) ; and\n- (d) the date of registration.\n- (a) a seal of office; and\n- (b) a registered number of office.\n- (a) that indicates the office of the person to whom it is issued; and\n- (b) provides a space for the insertion of the person’s registered number of office.\n- • a person, or a relative of the person, whose occupation involves the administration or enforcement of the law, for example, a police officer, inspector or corrective services officer\n- • a person who has reasonably held concerns for the safety or wellbeing of the person, or a relative, because of domestic violence or the commission of an offence\n- (a) the appointment has not been registered under subsection (1) ; and\n- (b) proof of the matters mentioned in subsection (1) (a) to (c) has not been provided to the registrar’s satisfaction;","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Registrar to be notified of change to registered particulars","content":"### sec.22 Registrar to be notified of change to registered particulars\n\nA person who is an appointed justice of the peace or an appointed commissioner for declarations is to notify the registrar of any change to the person’s name or contact details as stated in the register within 30 days of the change and provide any reasonable proof the registrar may require of the change.\nUpon receipt of such a notification, subject to any required proof being provided, the registrar is to record the change in the register.\ns 22 amd 1991 No. 97 s 3 sch 1 ; 2010 No. 42 s 131\n(sec.22-ssec.1) A person who is an appointed justice of the peace or an appointed commissioner for declarations is to notify the registrar of any change to the person’s name or contact details as stated in the register within 30 days of the change and provide any reasonable proof the registrar may require of the change.\n(sec.22-ssec.2) Upon receipt of such a notification, subject to any required proof being provided, the registrar is to record the change in the register.","sortOrder":28},{"sectionNumber":"sec.22A","sectionType":"section","heading":"End of appointment","content":"### sec.22A End of appointment\n\nA person stops holding office as an appointed justice of the peace or appointed commissioner for declarations if—\nthe person resigns from office under section 23 ; or\nthe Governor in Council revokes the person’s appointment under section 24 ; or\nthe person stops holding the office under section 25 ; or\nthe person—\nstops being an Australian citizen; or\nbecomes an insolvent under administration.\ns 22A ins 2023 No. 23 s 92\n- (a) the person resigns from office under section 23 ; or\n- (b) the Governor in Council revokes the person’s appointment under section 24 ; or\n- (c) the person stops holding the office under section 25 ; or\n- (d) the person— (i) stops being an Australian citizen; or (ii) becomes an insolvent under administration.\n- (i) stops being an Australian citizen; or\n- (ii) becomes an insolvent under administration.\n- (i) stops being an Australian citizen; or\n- (ii) becomes an insolvent under administration.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Resignation","content":"### sec.23 Resignation\n\nA person who is an appointed justice of the peace or an appointed commissioner for declarations may resign from office at any time by giving a written resignation to the registrar.\nOn receiving the person’s written resignation, the registrar must—\npublish notice of the resignation on the Queensland Government website; and\nremove the person’s registered particulars from the register.\nThe person ceases to hold office as a justice of the peace or commissioner for declarations when the person’s written resignation is given to the registrar.\ns 23 amd 2010 No. 42 s 132 ; 2017 No. 17 s 136\n(sec.23-ssec.1) A person who is an appointed justice of the peace or an appointed commissioner for declarations may resign from office at any time by giving a written resignation to the registrar.\n(sec.23-ssec.2) On receiving the person’s written resignation, the registrar must— publish notice of the resignation on the Queensland Government website; and remove the person’s registered particulars from the register.\n(sec.23-ssec.3) The person ceases to hold office as a justice of the peace or commissioner for declarations when the person’s written resignation is given to the registrar.\n- (a) publish notice of the resignation on the Queensland Government website; and\n- (b) remove the person’s registered particulars from the register.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Revocation of appointment","content":"### sec.24 Revocation of appointment\n\nThe Governor in Council may, by notice given to the registrar, revoke the appointment of a person as an appointed justice of the peace or an appointed commissioner for declarations.\nSee part 3A (Suspension and revocation of appointments).\nOn receiving a notice under subsection (1) in relation to a person, the registrar must—\ngive the person a copy of the notice; and\npublish the notice on the Queensland Government website; and\nremove the person’s registered particulars from the register.\nThe person ceases to hold office as a justice of the peace or commissioner for declarations when the notice is published on the Queensland Government website.\ns 24 amd 2010 No. 42 s 133 ; 2017 No. 17 s 137 ; 2023 No. 23 s 93\n(sec.24-ssec.1) The Governor in Council may, by notice given to the registrar, revoke the appointment of a person as an appointed justice of the peace or an appointed commissioner for declarations. See part 3A (Suspension and revocation of appointments).\n(sec.24-ssec.2) On receiving a notice under subsection (1) in relation to a person, the registrar must— give the person a copy of the notice; and publish the notice on the Queensland Government website; and remove the person’s registered particulars from the register.\n(sec.24-ssec.3) The person ceases to hold office as a justice of the peace or commissioner for declarations when the notice is published on the Queensland Government website.\n- (a) give the person a copy of the notice; and\n- (b) publish the notice on the Queensland Government website; and\n- (c) remove the person’s registered particulars from the register.","sortOrder":31},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Change in person’s office","content":"### sec.24A Change in person’s office\n\nThis section applies if a person holding office (the existing office ) as an appointed justice of the peace or appointed commissioner for declarations is later appointed to hold office (the later office ) as—\nfor an appointed justice of the peace—an appointed justice of the peace of another category or an appointed commissioner for declarations; or\nfor an appointed commissioner for declarations—an appointed justice of the peace.\nThe registrar is to remove the person’s name from the register as the holder of the existing office and insert an entry that the person holds the later office.\nWhen the entry is made, the person stops holding the existing office and holds the later office.\nThis section does not apply if section 42 or 44 applies.\nSections 42 and 44 already provide transitional arrangements for certain office holders becoming justices of the peace (commissioners for declarations) and commissioners for declarations.\ns 24A ins 1996 No. 40 s 7\n(sec.24A-ssec.1) This section applies if a person holding office (the existing office ) as an appointed justice of the peace or appointed commissioner for declarations is later appointed to hold office (the later office ) as— for an appointed justice of the peace—an appointed justice of the peace of another category or an appointed commissioner for declarations; or for an appointed commissioner for declarations—an appointed justice of the peace.\n(sec.24A-ssec.2) The registrar is to remove the person’s name from the register as the holder of the existing office and insert an entry that the person holds the later office.\n(sec.24A-ssec.3) When the entry is made, the person stops holding the existing office and holds the later office.\n(sec.24A-ssec.4) This section does not apply if section 42 or 44 applies. Sections 42 and 44 already provide transitional arrangements for certain office holders becoming justices of the peace (commissioners for declarations) and commissioners for declarations.\n- (a) for an appointed justice of the peace—an appointed justice of the peace of another category or an appointed commissioner for declarations; or\n- (b) for an appointed commissioner for declarations—an appointed justice of the peace.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Prohibition on acting in office","content":"### sec.25 Prohibition on acting in office\n\nThe Governor in Council may, by notice given to the registrar, prohibit an appointed justice of the peace or an appointed commissioner for declarations from acting in the office for a period stated in the notice.\nThe Governor in Council may act under subsection (1) for the reasons the Governor in Council considers appropriate.\nOn receiving a notice under subsection (1) in relation to a person, the registrar must—\ngive the person a copy of the notice; and\npublish the notice on the Queensland Government website; and\nmake the following changes to the register—\nat the start of the period stated in the notice—remove the person’s registered particulars from the register;\nat the end of the period stated in the notice—enter in the register the registered particulars that were removed under subparagraph (i) .\nA person prohibited from acting as a justice of the peace or commissioner for declarations under a notice given under subsection (1) —\nceases to hold the office from the start of the period stated in the notice; and\nresumes the office from the end of the period stated in the notice.\nA person who resumes office under subsection (4) (b) is not required to take the oath or make the affirmation prescribed by section 20 before performing any of the functions of the office.\ns 25 amd 2010 No. 42 s 134 ; 2017 No. 17 s 138\n(sec.25-ssec.1) The Governor in Council may, by notice given to the registrar, prohibit an appointed justice of the peace or an appointed commissioner for declarations from acting in the office for a period stated in the notice.\n(sec.25-ssec.2) The Governor in Council may act under subsection (1) for the reasons the Governor in Council considers appropriate.\n(sec.25-ssec.3) On receiving a notice under subsection (1) in relation to a person, the registrar must— give the person a copy of the notice; and publish the notice on the Queensland Government website; and make the following changes to the register— at the start of the period stated in the notice—remove the person’s registered particulars from the register; at the end of the period stated in the notice—enter in the register the registered particulars that were removed under subparagraph (i) .\n(sec.25-ssec.4) A person prohibited from acting as a justice of the peace or commissioner for declarations under a notice given under subsection (1) — ceases to hold the office from the start of the period stated in the notice; and resumes the office from the end of the period stated in the notice.\n(sec.25-ssec.5) A person who resumes office under subsection (4) (b) is not required to take the oath or make the affirmation prescribed by section 20 before performing any of the functions of the office.\n- (a) give the person a copy of the notice; and\n- (b) publish the notice on the Queensland Government website; and\n- (c) make the following changes to the register— (i) at the start of the period stated in the notice—remove the person’s registered particulars from the register; (ii) at the end of the period stated in the notice—enter in the register the registered particulars that were removed under subparagraph (i) .\n- (i) at the start of the period stated in the notice—remove the person’s registered particulars from the register;\n- (ii) at the end of the period stated in the notice—enter in the register the registered particulars that were removed under subparagraph (i) .\n- (i) at the start of the period stated in the notice—remove the person’s registered particulars from the register;\n- (ii) at the end of the period stated in the notice—enter in the register the registered particulars that were removed under subparagraph (i) .\n- (a) ceases to hold the office from the start of the period stated in the notice; and\n- (b) resumes the office from the end of the period stated in the notice.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Notification of cessation of office","content":"### sec.26 Notification of cessation of office\n\nA person who ceases to hold office as a justice of the peace or as a commissioner for declarations as mentioned in section 22A (d) must immediately notify the registrar.\nMaximum penalty—10 penalty units.\nThe registrar upon receiving such a notification or on otherwise becoming aware that an appointed justice of the peace or an appointed commissioner for declarations has ceased to hold office as mentioned in section 22A (d) is to—\npublish notice of the cessation of office on the Queensland Government website; and\nremove the person’s registered particulars from the register.\ns 26 amd 1991 No. 97 s 3 sch 1 ; 2007 No. 37 s 100 sch ; 2010 No. 42 s 135 ; 2017 No. 17 s 139 ; 2023 No. 23 s 94\n(sec.26-ssec.1) A person who ceases to hold office as a justice of the peace or as a commissioner for declarations as mentioned in section 22A (d) must immediately notify the registrar. Maximum penalty—10 penalty units.\n(sec.26-ssec.2) The registrar upon receiving such a notification or on otherwise becoming aware that an appointed justice of the peace or an appointed commissioner for declarations has ceased to hold office as mentioned in section 22A (d) is to— publish notice of the cessation of office on the Queensland Government website; and remove the person’s registered particulars from the register.\n- (a) publish notice of the cessation of office on the Queensland Government website; and\n- (b) remove the person’s registered particulars from the register.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Return of certificate of registration and seal of office","content":"### sec.27 Return of certificate of registration and seal of office\n\nA person who ceases to hold office as an appointed justice of the peace or appointed commissioner for declarations as mentioned in section 22A (d) within 14 days is to deliver up to the registrar any seal of office or certificate of registration issued to the person under this Act or under the repealed Act.\nMaximum penalty—10 penalty units.\nThe registrar is to return to any person who resumes office as an appointed justice of the peace or as an appointed commissioner for declarations under section 25 (4) (b) , a certificate of registration or seal of office of the person delivered up to the registrar under subsection (1) .\nWithout limiting subsection (1) , if a person to whom a seal of office or certificate of registration is or was issued under this Act or the repealed Act ceases to hold the office for which the seal or certificate is or was issued, the registrar may give a notice to any person in possession of the seal or certificate requiring the person to deliver it up in accordance with reasonable directions specified in the notice.\nA person to whom a notice under subsection (3) is given is to comply with the notice.\nMaximum penalty—20 penalty units.\ns 27 amd 1991 No. 97 s 3 sch 1 ; 1996 No. 40 s 8 ; 2007 No. 37 s 100 sch ; 2010 No. 42 s 126 sch ; 2023 No. 23 s 95\n(sec.27-ssec.1) A person who ceases to hold office as an appointed justice of the peace or appointed commissioner for declarations as mentioned in section 22A (d) within 14 days is to deliver up to the registrar any seal of office or certificate of registration issued to the person under this Act or under the repealed Act. Maximum penalty—10 penalty units.\n(sec.27-ssec.2) The registrar is to return to any person who resumes office as an appointed justice of the peace or as an appointed commissioner for declarations under section 25 (4) (b) , a certificate of registration or seal of office of the person delivered up to the registrar under subsection (1) .\n(sec.27-ssec.3) Without limiting subsection (1) , if a person to whom a seal of office or certificate of registration is or was issued under this Act or the repealed Act ceases to hold the office for which the seal or certificate is or was issued, the registrar may give a notice to any person in possession of the seal or certificate requiring the person to deliver it up in accordance with reasonable directions specified in the notice.\n(sec.27-ssec.4) A person to whom a notice under subsection (3) is given is to comply with the notice. Maximum penalty—20 penalty units.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Justices of the peace and commissioners for declarations hold office throughout State","content":"### sec.28 Justices of the peace and commissioners for declarations hold office throughout State\n\nJustices of the peace and commissioners for declarations acting within the scope of their respective capacities are justices of the peace or, as the case may be, commissioners for declarations for the whole of the State.","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Powers of justices of the peace and commissioners for declarations","content":"### sec.29 Powers of justices of the peace and commissioners for declarations\n\nA justice of the peace—\nsubject to subsections (3) to (5) , has and may exercise all the powers conferred on the justice of the peace or on a commissioner for declarations by the Justices Act 1886 or any other Act; and\nmay take any affidavit or attest any instrument or document that may be taken or attested under any Act or law.\nThe powers of a justice of the peace mentioned in section 19 (1) include, but are not limited to, all the powers specifically conferred under any Act or law on a justice of the peace (qualified) or justice of the peace (magistrates court).\nA justice of the peace (qualified), in the exercise of any power to constitute a court for the purpose of a proceeding is limited to taking or making a procedural action or order.\nA justice of the peace (magistrates court), in the exercise of any power to constitute a court for the purpose of a proceeding is limited to—\nthe hearing and determination of a charge of a simple offence or a regulatory offence pursuant to proceedings taken under the Justices Act 1886 in a case where the defendant pleads guilty; and\nconducting an examination of witnesses in relation to an indictable offence under the Justices Act 1886 ; and\ntaking or making a procedural action or order.\nA justice of the peace (commissioner for declarations) is limited to the exercise of the powers of a commissioner for declarations.\nTo allay any doubts, it is declared that subsections (3) to (5) do not limit the powers of—\na magistrate exercising jurisdiction conferred on justices of the peace; or\na justice of the peace whose office is preserved by section 41 (a) ; or\na justice of the peace mentioned in section 19 (1) .\nA limitation imposed by subsection (3) , (4) or (5) on the powers exercisable by a justice of the peace of a specified category applies despite the provisions of any Act conferring powers on a justice of the peace unless the Act expressly excludes the operation of the subsection.\nA commissioner for declarations—\nhas and may exercise all the powers conferred on a commissioner for declarations by any Act or law; and\nmay take any affidavit or attest any instrument or document that may be taken or attested under any Act or law.\nIf justices of the peace generally are authorised under an Act or law to do an act mentioned in subsection (8) (b) —\na commissioner for declarations may also do the act; and\nthe Act or law applies to the commissioner for declarations as if the commissioner for declarations were a justice of the peace;\nunless the operation of this subsection is expressly excluded.\ns 29 amd 1993 No. 76 s 3 sch 1\n(sec.29-ssec.1) A justice of the peace— subject to subsections (3) to (5) , has and may exercise all the powers conferred on the justice of the peace or on a commissioner for declarations by the Justices Act 1886 or any other Act; and may take any affidavit or attest any instrument or document that may be taken or attested under any Act or law.\n(sec.29-ssec.2) The powers of a justice of the peace mentioned in section 19 (1) include, but are not limited to, all the powers specifically conferred under any Act or law on a justice of the peace (qualified) or justice of the peace (magistrates court).\n(sec.29-ssec.3) A justice of the peace (qualified), in the exercise of any power to constitute a court for the purpose of a proceeding is limited to taking or making a procedural action or order.\n(sec.29-ssec.4) A justice of the peace (magistrates court), in the exercise of any power to constitute a court for the purpose of a proceeding is limited to— the hearing and determination of a charge of a simple offence or a regulatory offence pursuant to proceedings taken under the Justices Act 1886 in a case where the defendant pleads guilty; and conducting an examination of witnesses in relation to an indictable offence under the Justices Act 1886 ; and taking or making a procedural action or order.\n(sec.29-ssec.5) A justice of the peace (commissioner for declarations) is limited to the exercise of the powers of a commissioner for declarations.\n(sec.29-ssec.6) To allay any doubts, it is declared that subsections (3) to (5) do not limit the powers of— a magistrate exercising jurisdiction conferred on justices of the peace; or a justice of the peace whose office is preserved by section 41 (a) ; or a justice of the peace mentioned in section 19 (1) .\n(sec.29-ssec.7) A limitation imposed by subsection (3) , (4) or (5) on the powers exercisable by a justice of the peace of a specified category applies despite the provisions of any Act conferring powers on a justice of the peace unless the Act expressly excludes the operation of the subsection.\n(sec.29-ssec.8) A commissioner for declarations— has and may exercise all the powers conferred on a commissioner for declarations by any Act or law; and may take any affidavit or attest any instrument or document that may be taken or attested under any Act or law.\n(sec.29-ssec.9) If justices of the peace generally are authorised under an Act or law to do an act mentioned in subsection (8) (b) — a commissioner for declarations may also do the act; and the Act or law applies to the commissioner for declarations as if the commissioner for declarations were a justice of the peace; unless the operation of this subsection is expressly excluded.\n- (a) subject to subsections (3) to (5) , has and may exercise all the powers conferred on the justice of the peace or on a commissioner for declarations by the Justices Act 1886 or any other Act; and\n- (b) may take any affidavit or attest any instrument or document that may be taken or attested under any Act or law.\n- (a) the hearing and determination of a charge of a simple offence or a regulatory offence pursuant to proceedings taken under the Justices Act 1886 in a case where the defendant pleads guilty; and\n- (b) conducting an examination of witnesses in relation to an indictable offence under the Justices Act 1886 ; and\n- (c) taking or making a procedural action or order.\n- (a) a magistrate exercising jurisdiction conferred on justices of the peace; or\n- (b) a justice of the peace whose office is preserved by section 41 (a) ; or\n- (c) a justice of the peace mentioned in section 19 (1) .\n- (a) has and may exercise all the powers conferred on a commissioner for declarations by any Act or law; and\n- (b) may take any affidavit or attest any instrument or document that may be taken or attested under any Act or law.\n- (a) a commissioner for declarations may also do the act; and\n- (b) the Act or law applies to the commissioner for declarations as if the commissioner for declarations were a justice of the peace;","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Act done beyond State","content":"### sec.30 Act done beyond State\n\nAn act done outside Queensland by a justice of the peace or a commissioner for declarations for the purpose of taking any affidavit or attesting any instrument or document intended to take effect in Queensland is as valid and effectual as if the act were done in Queensland unless the act is required by law to be done in Queensland.","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Proof of acts done in the performance of office","content":"### sec.31 Proof of acts done in the performance of office\n\nA person placing his or her signature on an instrument or document as the holder of the office of justice of the peace or commissioner for declarations is to insert immediately beneath, beside or close to the signature—\nthe imprint of a seal of office issued to the person under this Act with the person’s registered number of office inserted in the space provided; or\nsubject to subsection (2) , the prescribed mark of office.\nIf a seal of office has been issued under this Act to a justice of the peace, the justice of the peace when placing his or her signature upon an instrument or document in the exercise of a power—\nto constitute a court for the purpose of any proceedings; or\nto issue a summons or warrant of any description;\nis to insert, as prescribed by subsection (1) , the imprint of the seal complete with registered number of office.\nIn any proceedings evidence that—\nan imprint in the form of an imprint of a seal of office of a kind issued under this Act with a number inserted in the space provided; or\na mark in the form of a prescribed mark of office;\nhas been inserted beneath, beside or close to a signature placed on an instrument or document is evidence that the person whose signature it purports to be duly signed the instrument or document in the performance of the functions of the office indicated by the mark or imprint.\nThe prescribed mark of office of each office specified in the first column of the following table is the mark specified in the second column opposite the office.\nTable\nthe office of justice of the peace preserved by section 41 or held under section 19 (1)\n“Justice of the Peace” or “J.P.”\njustice of the peace (magistrates court)\n“Justice of the Peace (Magistrates Court)” or “J.P. (Magistrates Court)” or “J.P. (MAG. CT.)”\njustice of the peace (qualified)\n“Justice of the Peace (Qualified)” or “J.P. (Qualified)” or “J.P. (Qual.)”\njustice of the peace (commissioner for declarations)\n“Justice of the Peace (Commissioner for Declarations)” or “J.P. (C.dec)”\ncommissioner for declarations\n“Commissioner for Declarations” or “C.dec”\nVariations of no significance between an imprint or mark appearing on a document or instrument and an imprint or mark prescribed by this section are to be disregarded for the purposes of this section.\ns 31 amd 1992 No. 68 s 3 sch 1\n(sec.31-ssec.1) A person placing his or her signature on an instrument or document as the holder of the office of justice of the peace or commissioner for declarations is to insert immediately beneath, beside or close to the signature— the imprint of a seal of office issued to the person under this Act with the person’s registered number of office inserted in the space provided; or subject to subsection (2) , the prescribed mark of office.\n(sec.31-ssec.2) If a seal of office has been issued under this Act to a justice of the peace, the justice of the peace when placing his or her signature upon an instrument or document in the exercise of a power— to constitute a court for the purpose of any proceedings; or to issue a summons or warrant of any description; is to insert, as prescribed by subsection (1) , the imprint of the seal complete with registered number of office.\n(sec.31-ssec.3) In any proceedings evidence that— an imprint in the form of an imprint of a seal of office of a kind issued under this Act with a number inserted in the space provided; or a mark in the form of a prescribed mark of office; has been inserted beneath, beside or close to a signature placed on an instrument or document is evidence that the person whose signature it purports to be duly signed the instrument or document in the performance of the functions of the office indicated by the mark or imprint.\n(sec.31-ssec.4) The prescribed mark of office of each office specified in the first column of the following table is the mark specified in the second column opposite the office. Table the office of justice of the peace preserved by section 41 or held under section 19 (1) “Justice of the Peace” or “J.P.” justice of the peace (magistrates court) “Justice of the Peace (Magistrates Court)” or “J.P. (Magistrates Court)” or “J.P. (MAG. CT.)” justice of the peace (qualified) “Justice of the Peace (Qualified)” or “J.P. (Qualified)” or “J.P. (Qual.)” justice of the peace (commissioner for declarations) “Justice of the Peace (Commissioner for Declarations)” or “J.P. (C.dec)” commissioner for declarations “Commissioner for Declarations” or “C.dec”\n(sec.31-ssec.5) Variations of no significance between an imprint or mark appearing on a document or instrument and an imprint or mark prescribed by this section are to be disregarded for the purposes of this section.\n- (a) the imprint of a seal of office issued to the person under this Act with the person’s registered number of office inserted in the space provided; or\n- (b) subject to subsection (2) , the prescribed mark of office.\n- (a) to constitute a court for the purpose of any proceedings; or\n- (b) to issue a summons or warrant of any description;\n- (a) an imprint in the form of an imprint of a seal of office of a kind issued under this Act with a number inserted in the space provided; or\n- (b) a mark in the form of a prescribed mark of office;","sortOrder":39},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Suspension and revocation of appointments","content":"# Suspension and revocation of appointments","sortOrder":40},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Definitions for part","content":"### sec.31A Definitions for part\n\nIn this part—\nappointee means a person holding office as an appointed justice of the peace or appointed commissioner for declarations.\nappointment means appointment as an appointed justice of the peace or appointed commissioner for declarations.\napproved training course means a training course approved under section 32 (1) (b) .\nground for revoking an appointment means a matter stated in section 31B (a) , (b) , (c) or (d) .\ninvestigator’s report means a report under section 31D (4) .\ns 31A ins 2023 No. 23 s 96","sortOrder":41},{"sectionNumber":"sec.31B","sectionType":"section","heading":"Grounds for revoking appointment","content":"### sec.31B Grounds for revoking appointment\n\nThe Minister may recommend to the Governor in Council that an appointee’s appointment be revoked if the chief executive is satisfied that—\nhaving regard to the matters stated in section 17 , the appointee is no longer a suitable person to hold the appointment; or\nthe appointee has seriously or repeatedly contravened the code of conduct and does not have a reasonable excuse for the contravention; or\nsection 16 (1) (e) no longer applies to the appointee; or\nthe person has a disqualifying conviction.\ns 31B ins 2023 No. 23 s 96\n- (a) having regard to the matters stated in section 17 , the appointee is no longer a suitable person to hold the appointment; or\n- (b) the appointee has seriously or repeatedly contravened the code of conduct and does not have a reasonable excuse for the contravention; or\n- (c) section 16 (1) (e) no longer applies to the appointee; or\n- (d) the person has a disqualifying conviction.","sortOrder":42},{"sectionNumber":"sec.31C","sectionType":"section","heading":"Suspension of appointment","content":"### sec.31C Suspension of appointment\n\nThe chief executive may, by notice given to an appointee, suspend their appointment if—\nthe chief executive believes a ground exists for revoking the appointment; or\nthe chief executive considers an investigation is warranted as to whether a ground exists for revoking the appointment; or\nthe appointee has been charged with—\nan indictable offence; or\nan offence involving dishonesty; or\nan offence involving a breach of confidentiality; or\nan offence against this Act; or\nthe chief executive is satisfied the appointee has not complied with a requirement under section 32 (2) and does not have a reasonable excuse for the non-compliance.\nThe chief executive must give a notice to the appointee ending the suspension if—\nfor a suspension under subsection (1) (a) because the person has a disqualifying conviction—the chief executive grants an exemption under section 17B in relation to the conviction or the person otherwise ceases to have a disqualifying conviction; or\nan investigation under section 31D is completed and, after receiving the investigator’s report, the chief executive does not believe a ground exists for revoking the appointment; or\nthe Minister gives the chief executive a notice under section 31E (3) (b) ; or\nfor a suspension under subsection (1) (c) —the charge is finally dealt with other than by convicting the appointee; or\nfor a suspension under subsection (1) (d) —the appointee complies with the requirement or the chief executive is satisfied the appointee has a reasonable excuse for the non-compliance.\nBefore, or as soon as practicable after, suspending an appointment under subsection (1) (b) , the chief executive must make a request under section 31D (1) .\nAn appointment may be suspended under more than 1 ground mentioned in subsection (1) .\ns 31C ins 2023 No. 23 s 96\n(sec.31C-ssec.1) The chief executive may, by notice given to an appointee, suspend their appointment if— the chief executive believes a ground exists for revoking the appointment; or the chief executive considers an investigation is warranted as to whether a ground exists for revoking the appointment; or the appointee has been charged with— an indictable offence; or an offence involving dishonesty; or an offence involving a breach of confidentiality; or an offence against this Act; or the chief executive is satisfied the appointee has not complied with a requirement under section 32 (2) and does not have a reasonable excuse for the non-compliance.\n(sec.31C-ssec.2) The chief executive must give a notice to the appointee ending the suspension if— for a suspension under subsection (1) (a) because the person has a disqualifying conviction—the chief executive grants an exemption under section 17B in relation to the conviction or the person otherwise ceases to have a disqualifying conviction; or an investigation under section 31D is completed and, after receiving the investigator’s report, the chief executive does not believe a ground exists for revoking the appointment; or the Minister gives the chief executive a notice under section 31E (3) (b) ; or for a suspension under subsection (1) (c) —the charge is finally dealt with other than by convicting the appointee; or for a suspension under subsection (1) (d) —the appointee complies with the requirement or the chief executive is satisfied the appointee has a reasonable excuse for the non-compliance.\n(sec.31C-ssec.3) Before, or as soon as practicable after, suspending an appointment under subsection (1) (b) , the chief executive must make a request under section 31D (1) .\n(sec.31C-ssec.4) An appointment may be suspended under more than 1 ground mentioned in subsection (1) .\n- (a) the chief executive believes a ground exists for revoking the appointment; or\n- (b) the chief executive considers an investigation is warranted as to whether a ground exists for revoking the appointment; or\n- (c) the appointee has been charged with— (i) an indictable offence; or (ii) an offence involving dishonesty; or (iii) an offence involving a breach of confidentiality; or (iv) an offence against this Act; or\n- (i) an indictable offence; or\n- (ii) an offence involving dishonesty; or\n- (iii) an offence involving a breach of confidentiality; or\n- (iv) an offence against this Act; or\n- (d) the chief executive is satisfied the appointee has not complied with a requirement under section 32 (2) and does not have a reasonable excuse for the non-compliance.\n- (i) an indictable offence; or\n- (ii) an offence involving dishonesty; or\n- (iii) an offence involving a breach of confidentiality; or\n- (iv) an offence against this Act; or\n- (a) for a suspension under subsection (1) (a) because the person has a disqualifying conviction—the chief executive grants an exemption under section 17B in relation to the conviction or the person otherwise ceases to have a disqualifying conviction; or\n- (b) an investigation under section 31D is completed and, after receiving the investigator’s report, the chief executive does not believe a ground exists for revoking the appointment; or\n- (c) the Minister gives the chief executive a notice under section 31E (3) (b) ; or\n- (d) for a suspension under subsection (1) (c) —the charge is finally dealt with other than by convicting the appointee; or\n- (e) for a suspension under subsection (1) (d) —the appointee complies with the requirement or the chief executive is satisfied the appointee has a reasonable excuse for the non-compliance.","sortOrder":43},{"sectionNumber":"sec.31D","sectionType":"section","heading":"Investigation","content":"### sec.31D Investigation\n\nThe chief executive may ask an appropriately qualified officer of the department (an investigator ) to carry out an investigation as to whether a ground exists for revoking an appointment.\nThe investigator must give a notice to the appointee stating—\nthat the investigator is conducting an investigation as to whether a ground exists for revoking the appointee’s appointment; and\nthe reason for the investigation; and\nthat, on or before a stated day no earlier than 21 days after the notice is given, the appointee may make oral or written representations to the investigator about any matter relevant to whether a ground exists for revoking the appointee’s appointment; and\nthat, after the investigation is completed, the investigator will give a report about the investigation to the chief executive.\nThe investigator must consider any representations received from the appointee within the time stated under subsection (2) (c) or any further time allowed by the investigator.\nAfter completing the investigation, the investigator must—\ngive the chief executive a written report of the investigator’s findings; and\ngive a copy of the report to the appointee.\nIf the investigator does not consider a ground exists for revoking the appointment, the report may include a recommendation the investigator considers appropriate including, for example, that the appointee make an apology or complete particular training.\ns 31D ins 2023 No. 23 s 96\n(sec.31D-ssec.1) The chief executive may ask an appropriately qualified officer of the department (an investigator ) to carry out an investigation as to whether a ground exists for revoking an appointment.\n(sec.31D-ssec.2) The investigator must give a notice to the appointee stating— that the investigator is conducting an investigation as to whether a ground exists for revoking the appointee’s appointment; and the reason for the investigation; and that, on or before a stated day no earlier than 21 days after the notice is given, the appointee may make oral or written representations to the investigator about any matter relevant to whether a ground exists for revoking the appointee’s appointment; and that, after the investigation is completed, the investigator will give a report about the investigation to the chief executive.\n(sec.31D-ssec.3) The investigator must consider any representations received from the appointee within the time stated under subsection (2) (c) or any further time allowed by the investigator.\n(sec.31D-ssec.4) After completing the investigation, the investigator must— give the chief executive a written report of the investigator’s findings; and give a copy of the report to the appointee.\n(sec.31D-ssec.5) If the investigator does not consider a ground exists for revoking the appointment, the report may include a recommendation the investigator considers appropriate including, for example, that the appointee make an apology or complete particular training.\n- (a) that the investigator is conducting an investigation as to whether a ground exists for revoking the appointee’s appointment; and\n- (b) the reason for the investigation; and\n- (c) that, on or before a stated day no earlier than 21 days after the notice is given, the appointee may make oral or written representations to the investigator about any matter relevant to whether a ground exists for revoking the appointee’s appointment; and\n- (d) that, after the investigation is completed, the investigator will give a report about the investigation to the chief executive.\n- (a) give the chief executive a written report of the investigator’s findings; and\n- (b) give a copy of the report to the appointee.","sortOrder":44},{"sectionNumber":"sec.31E","sectionType":"section","heading":"Chief executive must notify Minister","content":"### sec.31E Chief executive must notify Minister\n\nThe chief executive must give a notice to the Minister if—\nthe chief executive believes a ground exists for revoking an appointment and does not consider an investigation under section 31D is warranted; or\nan investigation under section 31D is conducted and, after receiving the investigator’s report, the chief executive believes a ground exists for revoking an appointment.\nThe notice must—\nstate the ground that the chief executive believes to exist; and\noutline the facts and circumstances forming the basis for the chief executive’s belief; and\nif the chief executive has received an investigator’s report—include a copy of the report.\nAfter considering the notice, the Minister must—\ngive the appointee a show cause notice under section 31F ; or\nnotify the chief executive that the Minister has decided not to give the appointee a show cause notice under section 31F .\ns 31E ins 2023 No. 23 s 96\n(sec.31E-ssec.1) The chief executive must give a notice to the Minister if— the chief executive believes a ground exists for revoking an appointment and does not consider an investigation under section 31D is warranted; or an investigation under section 31D is conducted and, after receiving the investigator’s report, the chief executive believes a ground exists for revoking an appointment.\n(sec.31E-ssec.2) The notice must— state the ground that the chief executive believes to exist; and outline the facts and circumstances forming the basis for the chief executive’s belief; and if the chief executive has received an investigator’s report—include a copy of the report.\n(sec.31E-ssec.3) After considering the notice, the Minister must— give the appointee a show cause notice under section 31F ; or notify the chief executive that the Minister has decided not to give the appointee a show cause notice under section 31F .\n- (a) the chief executive believes a ground exists for revoking an appointment and does not consider an investigation under section 31D is warranted; or\n- (b) an investigation under section 31D is conducted and, after receiving the investigator’s report, the chief executive believes a ground exists for revoking an appointment.\n- (a) state the ground that the chief executive believes to exist; and\n- (b) outline the facts and circumstances forming the basis for the chief executive’s belief; and\n- (c) if the chief executive has received an investigator’s report—include a copy of the report.\n- (a) give the appointee a show cause notice under section 31F ; or\n- (b) notify the chief executive that the Minister has decided not to give the appointee a show cause notice under section 31F .","sortOrder":45},{"sectionNumber":"sec.31F","sectionType":"section","heading":"Show cause notice before recommending revocation","content":"### sec.31F Show cause notice before recommending revocation\n\nBefore making a recommendation to the Governor in Council that an appointment be revoked, the Minister must—\ngive the appointee a notice (a show cause notice ) stating—\nthat the Minister proposes to make the recommendation; and\nthe reason for the proposed recommendation; and\nthat the appointee may make a written submission to the Minister, within a stated period of at least 20 business days, about the proposed recommendation; and\nconsider any submissions received from the appointee within the time stated under paragraph (a) (iii) or any further time allowed by the Minister.\ns 31F ins 2023 No. 23 s 96\n- (a) give the appointee a notice (a show cause notice ) stating— (i) that the Minister proposes to make the recommendation; and (ii) the reason for the proposed recommendation; and (iii) that the appointee may make a written submission to the Minister, within a stated period of at least 20 business days, about the proposed recommendation; and\n- (i) that the Minister proposes to make the recommendation; and\n- (ii) the reason for the proposed recommendation; and\n- (iii) that the appointee may make a written submission to the Minister, within a stated period of at least 20 business days, about the proposed recommendation; and\n- (b) consider any submissions received from the appointee within the time stated under paragraph (a) (iii) or any further time allowed by the Minister.\n- (i) that the Minister proposes to make the recommendation; and\n- (ii) the reason for the proposed recommendation; and\n- (iii) that the appointee may make a written submission to the Minister, within a stated period of at least 20 business days, about the proposed recommendation; and","sortOrder":46},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":47},{"sectionNumber":"sec.31G","sectionType":"section","heading":"Code of conduct","content":"### sec.31G Code of conduct\n\nThe chief executive may make a code of conduct for justices of the peace and commissioners for declarations.\nThe code must be approved by regulation and takes effect—\non the day it is approved; or\nif a later day is fixed in the code—on that day.\nWhen a regulation under subsection (2) is tabled in the Legislative Assembly under the Statutory Instruments Act 1992 , section 49 , it must be accompanied by a copy of the approved code.\nThe chief executive must ensure that, while the code is in effect, it is published on the whole-of-government website.\nIn this section—\nwhole-of-government website means—\nwww.qld.gov.au; or\nanother website prescribed by regulation.\ns 31G ins 2023 No. 23 s 97\n(sec.31G-ssec.1) The chief executive may make a code of conduct for justices of the peace and commissioners for declarations.\n(sec.31G-ssec.2) The code must be approved by regulation and takes effect— on the day it is approved; or if a later day is fixed in the code—on that day.\n(sec.31G-ssec.3) When a regulation under subsection (2) is tabled in the Legislative Assembly under the Statutory Instruments Act 1992 , section 49 , it must be accompanied by a copy of the approved code.\n(sec.31G-ssec.4) The chief executive must ensure that, while the code is in effect, it is published on the whole-of-government website.\n(sec.31G-ssec.5) In this section— whole-of-government website means— www.qld.gov.au; or another website prescribed by regulation.\n- (a) on the day it is approved; or\n- (b) if a later day is fixed in the code—on that day.\n- (a) www.qld.gov.au; or\n- (b) another website prescribed by regulation.","sortOrder":48},{"sectionNumber":"sec.32","sectionType":"section","heading":"Approved training courses","content":"### sec.32 Approved training courses\n\nThe chief executive may approve, in relation to an office provided for by this Act, a training course that is to be completed by a person or class of person—\nbefore appointment to the office; or\nwhile holding the office.\nThe chief executive may, by notice given to an appointed justice of the peace or appointed commissioner for declarations, require them to complete an approved training course by a stated day.\ns 32 amd 2023 No. 23 s 98\n(sec.32-ssec.1) The chief executive may approve, in relation to an office provided for by this Act, a training course that is to be completed by a person or class of person— before appointment to the office; or while holding the office.\n(sec.32-ssec.2) The chief executive may, by notice given to an appointed justice of the peace or appointed commissioner for declarations, require them to complete an approved training course by a stated day.\n- (a) before appointment to the office; or\n- (b) while holding the office.","sortOrder":49},{"sectionNumber":"sec.33","sectionType":"section","heading":"Inquiries about person’s appropriateness to hold office","content":"### sec.33 Inquiries about person’s appropriateness to hold office\n\nThe chief executive may make inquiries about a person to assist in deciding whether the person is an appropriate person to hold office under this Act.\nIf requested by the chief executive, the commissioner of the police service must give the chief executive a written report about the person’s criminal history.\nSubsection (2) applies to the criminal history—\nthat is in the commissioner’s possession; or\nto which the commissioner ordinarily has access through arrangements with the police service of the Commonwealth, another State or Territory.\nThe commissioner may also notify the chief executive if an appointee is charged with, or convicted of, an offence.\nA notification under subsection (4) may be made under arrangements between the commissioner and the chief executive, including an arrangement for the electronic transfer of information.\nIn this section—\nappointee means a person holding office as an appointed justice of the peace or appointed commissioner for declarations.\ns 33 ins 1993 No. 76 s 3 sch 1\namd 2023 No. 23 s 99\n(sec.33-ssec.1) The chief executive may make inquiries about a person to assist in deciding whether the person is an appropriate person to hold office under this Act.\n(sec.33-ssec.2) If requested by the chief executive, the commissioner of the police service must give the chief executive a written report about the person’s criminal history.\n(sec.33-ssec.3) Subsection (2) applies to the criminal history— that is in the commissioner’s possession; or to which the commissioner ordinarily has access through arrangements with the police service of the Commonwealth, another State or Territory.\n(sec.33-ssec.4) The commissioner may also notify the chief executive if an appointee is charged with, or convicted of, an offence.\n(sec.33-ssec.5) A notification under subsection (4) may be made under arrangements between the commissioner and the chief executive, including an arrangement for the electronic transfer of information.\n(sec.33-ssec.6) In this section— appointee means a person holding office as an appointed justice of the peace or appointed commissioner for declarations.\n- (a) that is in the commissioner’s possession; or\n- (b) to which the commissioner ordinarily has access through arrangements with the police service of the Commonwealth, another State or Territory.","sortOrder":50},{"sectionNumber":"sec.33A","sectionType":"section","heading":"Confidentiality","content":"### sec.33A Confidentiality\n\nThis section applies to a person who—\nis, or has been, a public service employee performing functions under or relating to the administration of this Act; and\nin that capacity, has acquired or has access to personal information about another person.\nThe person must not disclose the information to anyone else, or use the information, other than under this section.\nMaximum penalty—20 penalty units.\nThe person may disclose or use the information—\nto the extent the disclosure or use is—\nnecessary to perform the person’s functions under or relating to this Act; or\notherwise required or permitted under this Act or another law; or\nwith the consent of the person to whom the information relates; or\nin compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\nIn this section—\ndisclose includes give access to.\ninformation includes a document.\npersonal information means information about a person’s affairs.\ns 33A ins 2023 No. 23 s 100\n(sec.33A-ssec.1) This section applies to a person who— is, or has been, a public service employee performing functions under or relating to the administration of this Act; and in that capacity, has acquired or has access to personal information about another person.\n(sec.33A-ssec.2) The person must not disclose the information to anyone else, or use the information, other than under this section. Maximum penalty—20 penalty units.\n(sec.33A-ssec.3) The person may disclose or use the information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n(sec.33A-ssec.4) In this section— disclose includes give access to. information includes a document. personal information means information about a person’s affairs.\n- (a) is, or has been, a public service employee performing functions under or relating to the administration of this Act; and\n- (b) in that capacity, has acquired or has access to personal information about another person.\n- (a) to the extent the disclosure or use is— (i) necessary to perform the person’s functions under or relating to this Act; or (ii) otherwise required or permitted under this Act or another law; or\n- (i) necessary to perform the person’s functions under or relating to this Act; or\n- (ii) otherwise required or permitted under this Act or another law; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n- (i) necessary to perform the person’s functions under or relating to this Act; or\n- (ii) otherwise required or permitted under this Act or another law; or","sortOrder":51},{"sectionNumber":"sec.34","sectionType":"section","heading":"Wrongfully acting as justice of the peace or commissioner for declarations","content":"### sec.34 Wrongfully acting as justice of the peace or commissioner for declarations\n\nA person who assumes to act in the office of justice of the peace or commissioner for declarations that the person does not hold commits an offence against this Act.\nMaximum penalty—20 penalty units or imprisonment for 1 year.\nIn any proceedings evidence that a person caused to appear or allowed to remain immediately beneath, beside or close to the person’s signature on an instrument or document an imprint or a mark that under section 31 is evidence that the person duly signed the instrument or document in the performance of the functions of the office indicated by the imprint or mark, is evidence, if the person did not hold the office, that the person assumed to act in the office.\nIn a proceeding for an offence against subsection (1) , it is a defence for the person to prove that, at the time they assumed to act in the office, they did not know, and could not reasonably be expected to have known, that they did not hold the office.\ns 34 amd 2023 No. 23 s 101\n(sec.34-ssec.1) A person who assumes to act in the office of justice of the peace or commissioner for declarations that the person does not hold commits an offence against this Act. Maximum penalty—20 penalty units or imprisonment for 1 year.\n(sec.34-ssec.2) In any proceedings evidence that a person caused to appear or allowed to remain immediately beneath, beside or close to the person’s signature on an instrument or document an imprint or a mark that under section 31 is evidence that the person duly signed the instrument or document in the performance of the functions of the office indicated by the imprint or mark, is evidence, if the person did not hold the office, that the person assumed to act in the office.\n(sec.34-ssec.3) In a proceeding for an offence against subsection (1) , it is a defence for the person to prove that, at the time they assumed to act in the office, they did not know, and could not reasonably be expected to have known, that they did not hold the office.","sortOrder":52},{"sectionNumber":"sec.34A","sectionType":"section","heading":"Validity of particular acts","content":"### sec.34A Validity of particular acts\n\nAnything done by a person in the person’s purported capacity as an appointed justice of the peace or appointed commissioner for declarations is not invalid only because, at the time the thing was done—\nthe person was not validly appointed under section 15 ; or\nthe person’s appointment—\nhad lapsed under section 21 ; or\nhad ended as mentioned in section 22A ; or\nwas suspended under section 31C .\ns 34A ins 2023 No. 23 s 102\n- (a) the person was not validly appointed under section 15 ; or\n- (b) the person’s appointment— (i) had lapsed under section 21 ; or (ii) had ended as mentioned in section 22A ; or (iii) was suspended under section 31C .\n- (i) had lapsed under section 21 ; or\n- (ii) had ended as mentioned in section 22A ; or\n- (iii) was suspended under section 31C .\n- (i) had lapsed under section 21 ; or\n- (ii) had ended as mentioned in section 22A ; or\n- (iii) was suspended under section 31C .","sortOrder":53},{"sectionNumber":"sec.35","sectionType":"section","heading":"Prohibition on reward","content":"### sec.35 Prohibition on reward\n\nA justice of the peace or commissioner for declarations is not to seek or receive, directly or indirectly, any reward in connection with the performance of the functions of office.\nMaximum penalty—20 penalty units or imprisonment for 1 year.\nIn this section—\nin connection with includes under colour or pretext of.\nreceive includes take or accept.\nreward includes charge, fee, gratuity or any consideration but, for a justice of the peace (magistrates court), does not include a daily sitting fee paid to the person for constituting a court at a place at which a Magistrates Court may be constituted, if the place is within a community area under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 .\nseek includes request, require, extort or demand.\nA court that finds a person guilty of an offence under this section may make an order—\nrequiring the offender to return the reward to its rightful owner; or\nconfiscating the reward to the Crown.\nA court may make any further order necessary to enforce an order made under subsection (3) .\nAn order for the payment of an amount of money to a person under subsection (3) (a) —\nmay be enforced as prescribed by the Justices Act 1886 ; or\nupon the order being filed in any court with jurisdiction in actions for debt of that amount, as an order of that court.\ns 35 amd 2007 No. 59 s 74\n(sec.35-ssec.1) A justice of the peace or commissioner for declarations is not to seek or receive, directly or indirectly, any reward in connection with the performance of the functions of office. Maximum penalty—20 penalty units or imprisonment for 1 year.\n(sec.35-ssec.2) In this section— in connection with includes under colour or pretext of. receive includes take or accept. reward includes charge, fee, gratuity or any consideration but, for a justice of the peace (magistrates court), does not include a daily sitting fee paid to the person for constituting a court at a place at which a Magistrates Court may be constituted, if the place is within a community area under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 . seek includes request, require, extort or demand.\n(sec.35-ssec.3) A court that finds a person guilty of an offence under this section may make an order— requiring the offender to return the reward to its rightful owner; or confiscating the reward to the Crown.\n(sec.35-ssec.4) A court may make any further order necessary to enforce an order made under subsection (3) .\n(sec.35-ssec.5) An order for the payment of an amount of money to a person under subsection (3) (a) — may be enforced as prescribed by the Justices Act 1886 ; or upon the order being filed in any court with jurisdiction in actions for debt of that amount, as an order of that court.\n- (a) requiring the offender to return the reward to its rightful owner; or\n- (b) confiscating the reward to the Crown.\n- (a) may be enforced as prescribed by the Justices Act 1886 ; or\n- (b) upon the order being filed in any court with jurisdiction in actions for debt of that amount, as an order of that court.","sortOrder":54},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Proof of identity documents","content":"### sec.35A Proof of identity documents\n\nA justice of the peace or commissioner for declarations may sight a proof of identity document and record information in the document for the purpose of taking an affidavit or attesting an instrument or document.\nHowever, a justice of the peace or commissioner for declarations must not disclose information recorded under this section other than in the performance of the office of justice of the peace or commissioner for declarations or as otherwise required by law.\nA justice of the peace or commissioner for declarations who records information under this section must take reasonable steps to ensure the information is kept in a secure way.\ns 35A ins 2011 No. 45 s 237 (amd 2013 No. 35 s 34 )\n(sec.35A-ssec.1) A justice of the peace or commissioner for declarations may sight a proof of identity document and record information in the document for the purpose of taking an affidavit or attesting an instrument or document.\n(sec.35A-ssec.2) However, a justice of the peace or commissioner for declarations must not disclose information recorded under this section other than in the performance of the office of justice of the peace or commissioner for declarations or as otherwise required by law.\n(sec.35A-ssec.3) A justice of the peace or commissioner for declarations who records information under this section must take reasonable steps to ensure the information is kept in a secure way.","sortOrder":55},{"sectionNumber":"sec.36","sectionType":"section","heading":"Action against justices","content":"### sec.36 Action against justices\n\nA person injured—\nby an act done by a justice of the peace or a commissioner for declarations purportedly in the performance of the functions of office but which the justice of the peace or commissioner for declarations knows is not authorised by law; or\nby an act done by a justice of the peace or commissioner for declarations in the discharge of the functions of office but done maliciously and without reasonable cause;\nmay recover damages or loss sustained by the person by action against the justice of the peace or commissioner for declarations in any court of competent jurisdiction.\nSubject to subsection (1) , action is not to be brought against a justice of the peace or commissioner for declarations in respect of anything done or omitted to be done in, or purportedly in, the performance of the functions of office.\n(sec.36-ssec.1) A person injured— by an act done by a justice of the peace or a commissioner for declarations purportedly in the performance of the functions of office but which the justice of the peace or commissioner for declarations knows is not authorised by law; or by an act done by a justice of the peace or commissioner for declarations in the discharge of the functions of office but done maliciously and without reasonable cause; may recover damages or loss sustained by the person by action against the justice of the peace or commissioner for declarations in any court of competent jurisdiction.\n(sec.36-ssec.2) Subject to subsection (1) , action is not to be brought against a justice of the peace or commissioner for declarations in respect of anything done or omitted to be done in, or purportedly in, the performance of the functions of office.\n- (a) by an act done by a justice of the peace or a commissioner for declarations purportedly in the performance of the functions of office but which the justice of the peace or commissioner for declarations knows is not authorised by law; or\n- (b) by an act done by a justice of the peace or commissioner for declarations in the discharge of the functions of office but done maliciously and without reasonable cause;","sortOrder":56},{"sectionNumber":"sec.37","sectionType":"section","heading":"Proceedings generally","content":"### sec.37 Proceedings generally\n\nProceedings for an offence against this Act are to be taken in a summary way under the Justices Act 1886 within 12 months after the offence is committed or within 6 months after the commission of the offence comes to the knowledge of the registrar, whichever period is later to expire, upon the complaint of the registrar or a person authorised for the purpose by the registrar.\nWithout derogating from the provisions of section 139 of the Justices Act 1886 , a complaint for an offence against this Act may be heard at a place within the district appointed for the purposes of Magistrates Courts under the Justices Act 1886 in which the defendant resides.\nIn proceedings referred to in this section the authority of the complainant to make the complaint is to be presumed unless the contrary is proved.\n(sec.37-ssec.1) Proceedings for an offence against this Act are to be taken in a summary way under the Justices Act 1886 within 12 months after the offence is committed or within 6 months after the commission of the offence comes to the knowledge of the registrar, whichever period is later to expire, upon the complaint of the registrar or a person authorised for the purpose by the registrar.\n(sec.37-ssec.2) Without derogating from the provisions of section 139 of the Justices Act 1886 , a complaint for an offence against this Act may be heard at a place within the district appointed for the purposes of Magistrates Courts under the Justices Act 1886 in which the defendant resides.\n(sec.37-ssec.3) In proceedings referred to in this section the authority of the complainant to make the complaint is to be presumed unless the contrary is proved.","sortOrder":57},{"sectionNumber":"sec.38","sectionType":"section","heading":"Publication of office holders","content":"### sec.38 Publication of office holders\n\nThe registrar, whenever directed to do so by the Minister, is to cause to be published in such manner as the Minister directs, a list of names of persons registered under this Act as justices of the peace or commissioners for declarations.\nA list of persons referred to in subsection (1) —\nmay contain such particulars shown on the register concerning those persons as the Minister directs, other than contact details withheld from inspection by the registrar under section 38A (3) ; and\nmay be a list of all persons or such class of person registered under this Act as justices of the peace or commissioners for declarations as the Minister directs, other than contact details withheld from inspection by the registrar under section 38A (3) .\nNotwithstanding subsection (1) , for the purpose of ensuring that as many justices of the peace as may be practicable perform functions of office, the registrar is to compile and deliver to the commissioner of the police service from time to time lists of the names and contact details of justices of the peace residing in particular areas of the State.\nThe lists referred to in subsection (3) may include such information as may be necessary to identify functions of office the justices of the peace included in the lists are authorised to perform.\nA police officer, in selecting a justice of the peace to perform a function of office, is to have regard, if practicable, to the list provided under subsection (3) for the area in which the function is to be performed.\ns 38 amd 2010 No. 42 s 136 ; 2013 No. 35 s 102\n(sec.38-ssec.1) The registrar, whenever directed to do so by the Minister, is to cause to be published in such manner as the Minister directs, a list of names of persons registered under this Act as justices of the peace or commissioners for declarations.\n(sec.38-ssec.2) A list of persons referred to in subsection (1) — may contain such particulars shown on the register concerning those persons as the Minister directs, other than contact details withheld from inspection by the registrar under section 38A (3) ; and may be a list of all persons or such class of person registered under this Act as justices of the peace or commissioners for declarations as the Minister directs, other than contact details withheld from inspection by the registrar under section 38A (3) .\n(sec.38-ssec.3) Notwithstanding subsection (1) , for the purpose of ensuring that as many justices of the peace as may be practicable perform functions of office, the registrar is to compile and deliver to the commissioner of the police service from time to time lists of the names and contact details of justices of the peace residing in particular areas of the State.\n(sec.38-ssec.4) The lists referred to in subsection (3) may include such information as may be necessary to identify functions of office the justices of the peace included in the lists are authorised to perform.\n(sec.38-ssec.5) A police officer, in selecting a justice of the peace to perform a function of office, is to have regard, if practicable, to the list provided under subsection (3) for the area in which the function is to be performed.\n- (a) may contain such particulars shown on the register concerning those persons as the Minister directs, other than contact details withheld from inspection by the registrar under section 38A (3) ; and\n- (b) may be a list of all persons or such class of person registered under this Act as justices of the peace or commissioners for declarations as the Minister directs, other than contact details withheld from inspection by the registrar under section 38A (3) .","sortOrder":58},{"sectionNumber":"sec.38A","sectionType":"section","heading":"Access to register","content":"### sec.38A Access to register\n\nA person may apply to the registrar to inspect the register.\nThe registrar may grant the application only if the registrar considers the applicant has a sufficient interest in inspecting the register.\nThe registrar may withhold from inspection the contact details of a person who is a justice of the peace or commissioner for declarations if the registrar considers it necessary to protect the safety or wellbeing of the person or a relative of the person.\na person, or a relative of the person, whose occupation involves the administration or enforcement of the law, for example, a police officer, inspector or corrective services officer\na person who has reasonably held concerns for the safety or wellbeing of the person, or a relative, because of domestic violence or the commission of an offence\ns 38A ins 2013 No. 35 s 103\n(sec.38A-ssec.1) A person may apply to the registrar to inspect the register.\n(sec.38A-ssec.2) The registrar may grant the application only if the registrar considers the applicant has a sufficient interest in inspecting the register.\n(sec.38A-ssec.3) The registrar may withhold from inspection the contact details of a person who is a justice of the peace or commissioner for declarations if the registrar considers it necessary to protect the safety or wellbeing of the person or a relative of the person. a person, or a relative of the person, whose occupation involves the administration or enforcement of the law, for example, a police officer, inspector or corrective services officer a person who has reasonably held concerns for the safety or wellbeing of the person, or a relative, because of domestic violence or the commission of an offence\n- • a person, or a relative of the person, whose occupation involves the administration or enforcement of the law, for example, a police officer, inspector or corrective services officer\n- • a person who has reasonably held concerns for the safety or wellbeing of the person, or a relative, because of domestic violence or the commission of an offence","sortOrder":59},{"sectionNumber":"sec.39","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.39 Evidentiary provisions\n\nIn any proceedings, a certificate purporting to be signed by the registrar stating that a person named in the certificate—\nwas, or was not, on a date or during a specified period—\nregistered under this Act or under the repealed Act as holding a specified office; or\nissued with a specified seal or specified registered number; or\nprohibited under this Act or the repealed Act from acting in a specified office; or\nbeing a justice of the peace or commissioner for declarations, an insolvent under administration or a person with a stated conviction; or\nhad failed, on or before a date or during a specified period, to notify the registrar of a specified matter;\nis evidence of the matters stated in the certificate.\nIn any proceedings, a document purporting to be a list published under section 38 is evidence of the matters contained in the document.\nJudicial notice is to be taken of a notification published in the gazette under this Act.\ns 39 amd 2010 No. 42 s 126 sch ; 2023 No. 23 s 103\n(sec.39-ssec.1) In any proceedings, a certificate purporting to be signed by the registrar stating that a person named in the certificate— was, or was not, on a date or during a specified period— registered under this Act or under the repealed Act as holding a specified office; or issued with a specified seal or specified registered number; or prohibited under this Act or the repealed Act from acting in a specified office; or being a justice of the peace or commissioner for declarations, an insolvent under administration or a person with a stated conviction; or had failed, on or before a date or during a specified period, to notify the registrar of a specified matter; is evidence of the matters stated in the certificate.\n(sec.39-ssec.2) In any proceedings, a document purporting to be a list published under section 38 is evidence of the matters contained in the document.\n(sec.39-ssec.3) Judicial notice is to be taken of a notification published in the gazette under this Act.\n- (a) was, or was not, on a date or during a specified period— (i) registered under this Act or under the repealed Act as holding a specified office; or (ii) issued with a specified seal or specified registered number; or (iii) prohibited under this Act or the repealed Act from acting in a specified office; or (iv) being a justice of the peace or commissioner for declarations, an insolvent under administration or a person with a stated conviction; or\n- (i) registered under this Act or under the repealed Act as holding a specified office; or\n- (ii) issued with a specified seal or specified registered number; or\n- (iii) prohibited under this Act or the repealed Act from acting in a specified office; or\n- (iv) being a justice of the peace or commissioner for declarations, an insolvent under administration or a person with a stated conviction; or\n- (b) had failed, on or before a date or during a specified period, to notify the registrar of a specified matter;\n- (i) registered under this Act or under the repealed Act as holding a specified office; or\n- (ii) issued with a specified seal or specified registered number; or\n- (iii) prohibited under this Act or the repealed Act from acting in a specified office; or\n- (iv) being a justice of the peace or commissioner for declarations, an insolvent under administration or a person with a stated conviction; or","sortOrder":60},{"sectionNumber":"sec.40","sectionType":"section","heading":"Regulation-making power","content":"### sec.40 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about—\npreventing or suppressing improper or undesirable practices relating to the performance of functions by justices of the peace or commissioners for declarations; or\nimposing requirements upon justices of the peace or commissioners for declarations; or\nprescribing fees payable in connection with the administration of this Act.\nThe regulations may provide for offences punishable by penalties not exceeding 20 penalty units.\ns 40 amd 1991 No. 97 s 3 sch 1 ; 1993 No. 76 s 3 sch 1 ; 2008 No. 59 s 79 ; 2010 No. 42 s 126 sch\n(sec.40-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.40-ssec.2) A regulation may be made about— preventing or suppressing improper or undesirable practices relating to the performance of functions by justices of the peace or commissioners for declarations; or imposing requirements upon justices of the peace or commissioners for declarations; or prescribing fees payable in connection with the administration of this Act.\n(sec.40-ssec.3) The regulations may provide for offences punishable by penalties not exceeding 20 penalty units.\n- (a) preventing or suppressing improper or undesirable practices relating to the performance of functions by justices of the peace or commissioners for declarations; or\n- (b) imposing requirements upon justices of the peace or commissioners for declarations; or\n- (c) prescribing fees payable in connection with the administration of this Act.","sortOrder":61},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional and savings provisions","content":"# Transitional and savings provisions","sortOrder":62},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 50 of 1991","content":"## Transitional provisions for Act No. 50 of 1991","sortOrder":63},{"sectionNumber":"sec.41","sectionType":"section","heading":"Transitional office holders and register","content":"### sec.41 Transitional office holders and register\n\nOn and from the commencement of this Act—\nsubject to section 42, a person who immediately before the commencement holds office as a justice of the peace—\npursuant to an appointment made under section 8 of the repealed Act; or\npursuant to an appointment deemed to have been made under the repealed Act because of section 4 of that Act;\ncontinues to hold office as a justice of the peace under this Act; and\nthe Register of Justices kept pursuant to section 7 of the repealed Act continues in existence as the register of justices of the peace and commissioners for declarations required to be kept under section 13 of this Act; and\nthe person holding office immediately before the commencement as registrar of justices appointed under section 6 of the repealed Act is taken to be appointed registrar of justices of the peace and commissioners for declarations under section 12 of this Act.\n- (a) subject to section 42, a person who immediately before the commencement holds office as a justice of the peace— (i) pursuant to an appointment made under section 8 of the repealed Act; or (ii) pursuant to an appointment deemed to have been made under the repealed Act because of section 4 of that Act;\n- (i) pursuant to an appointment made under section 8 of the repealed Act; or\n- (ii) pursuant to an appointment deemed to have been made under the repealed Act because of section 4 of that Act;\n- continues to hold office as a justice of the peace under this Act; and\n- (b) the Register of Justices kept pursuant to section 7 of the repealed Act continues in existence as the register of justices of the peace and commissioners for declarations required to be kept under section 13 of this Act; and\n- (c) the person holding office immediately before the commencement as registrar of justices appointed under section 6 of the repealed Act is taken to be appointed registrar of justices of the peace and commissioners for declarations under section 12 of this Act.\n- (i) pursuant to an appointment made under section 8 of the repealed Act; or\n- (ii) pursuant to an appointment deemed to have been made under the repealed Act because of section 4 of that Act;","sortOrder":64},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Citizenship requirement for continuing justices","content":"### sec.41A Citizenship requirement for continuing justices\n\nSection 16 (1) (d) does not apply to a person who, on the commencement of this Act, continued in office as a justice of the peace under section 41 (a) and has continuously held that office since that time.\ns 41A ins 2023 No. 23 s 104","sortOrder":65},{"sectionNumber":"sec.42","sectionType":"section","heading":"Justice of the peace (commissioner for declarations)","content":"### sec.42 Justice of the peace (commissioner for declarations)\n\nIf at 30 June 2000, a person remains in office as a justice of the peace under section 41(a), the person then ceases to hold that office and instead holds office as a justice of the peace (commissioner for declarations).\nThe registrar is to remove the person’s name from the register as a justice of the peace and insert an entry that the person is a justice of the peace (commissioner for declarations).\nSubsection (1) does not apply to a lawyer.\ns 42 amd 1996 No. 40 s 9\n(sec.42-ssec.1) If at 30 June 2000, a person remains in office as a justice of the peace under section 41(a), the person then ceases to hold that office and instead holds office as a justice of the peace (commissioner for declarations).\n(sec.42-ssec.2) The registrar is to remove the person’s name from the register as a justice of the peace and insert an entry that the person is a justice of the peace (commissioner for declarations).\n(sec.42-ssec.3) Subsection (1) does not apply to a lawyer.","sortOrder":66},{"sectionNumber":"sec.43","sectionType":"section","heading":"Power to appoint and revoke in case of transitional office holder","content":"### sec.43 Power to appoint and revoke in case of transitional office holder\n\nThe power of the Governor in Council under sections 15 and 24 to appoint, or to revoke the appointment of, a person as a justice of the peace includes the power—\nto revoke an appointment preserved by section 41(a) or conferred by section 42(1); and\nto revoke an appointment preserved by section 41(a) or conferred by section 42(1) and appoint the person whose appointment is so revoked afresh as a justice of the peace to 1 of the categories mentioned in section 15(2).\n- (a) to revoke an appointment preserved by section 41(a) or conferred by section 42(1); and\n- (b) to revoke an appointment preserved by section 41(a) or conferred by section 42(1) and appoint the person whose appointment is so revoked afresh as a justice of the peace to 1 of the categories mentioned in section 15(2).","sortOrder":67},{"sectionNumber":"sec.44","sectionType":"section","heading":"Transitional office holder entitled to become commissioner for declarations","content":"### sec.44 Transitional office holder entitled to become commissioner for declarations\n\nA person who holds office as—\na justice of the peace under section 41(a); or\na justice of the peace (commissioner for declarations) under section 42(1);\nmay apply to the registrar to be registered as a commissioner for declarations.\nThe application is to be made in accordance with the regulations.\nUpon receipt of the application, the registrar is to—\nremove the person’s name from the register as a justice of the peace or justice of the peace (commissioner for declarations) and insert an entry that the person is a commissioner for declarations; and\nissue the person with the seal of office and registered number of office prescribed by section 21(3).\nThe person then ceases to be a justice of the peace or, as the case may be, a justice of the peace (commissioner for declarations) and is taken to be appointed as a commissioner for declarations under section 15(3).\nThe registrar is to cause notification of the cessation of office of the person under this section and of the person’s commencement in office as a commissioner for declarations to be published in the gazette.\ns 44 amd 1991 No. 97 s 3 sch 1\n(sec.44-ssec.1) A person who holds office as— a justice of the peace under section 41(a); or a justice of the peace (commissioner for declarations) under section 42(1); may apply to the registrar to be registered as a commissioner for declarations.\n(sec.44-ssec.2) The application is to be made in accordance with the regulations.\n(sec.44-ssec.3) Upon receipt of the application, the registrar is to— remove the person’s name from the register as a justice of the peace or justice of the peace (commissioner for declarations) and insert an entry that the person is a commissioner for declarations; and issue the person with the seal of office and registered number of office prescribed by section 21(3).\n(sec.44-ssec.4) The person then ceases to be a justice of the peace or, as the case may be, a justice of the peace (commissioner for declarations) and is taken to be appointed as a commissioner for declarations under section 15(3).\n(sec.44-ssec.5) The registrar is to cause notification of the cessation of office of the person under this section and of the person’s commencement in office as a commissioner for declarations to be published in the gazette.\n- (a) a justice of the peace under section 41(a); or\n- (b) a justice of the peace (commissioner for declarations) under section 42(1);\n- (a) remove the person’s name from the register as a justice of the peace or justice of the peace (commissioner for declarations) and insert an entry that the person is a commissioner for declarations; and\n- (b) issue the person with the seal of office and registered number of office prescribed by section 21(3).","sortOrder":68},{"sectionNumber":"sec.45","sectionType":"section","heading":"Transitional applications","content":"### sec.45 Transitional applications\n\nAn application under section 8(5) of the repealed Act for appointment as a justice of the peace pending immediately before the commencement of this section, on and from the commencement of this section is taken to be an application under section 15(5) for appointment as a commissioner for declarations.\nAn application is pending if, before the commencement of this section—\nthe application has been received by the registrar; and\nthe person by or on whose behalf the application was made has not been appointed a justice of the peace; and\nthe application has not been refused.\n(sec.45-ssec.1) An application under section 8(5) of the repealed Act for appointment as a justice of the peace pending immediately before the commencement of this section, on and from the commencement of this section is taken to be an application under section 15(5) for appointment as a commissioner for declarations.\n(sec.45-ssec.2) An application is pending if, before the commencement of this section— the application has been received by the registrar; and the person by or on whose behalf the application was made has not been appointed a justice of the peace; and the application has not been refused.\n- (a) the application has been received by the registrar; and\n- (b) the person by or on whose behalf the application was made has not been appointed a justice of the peace; and\n- (c) the application has not been refused.","sortOrder":69},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Validation provision for approved application forms","content":"## Validation provision for approved application forms","sortOrder":70},{"sectionNumber":"sec.46","sectionType":"section","heading":"Validation of approved application forms","content":"### sec.46 Validation of approved application forms\n\nAn approved application form is taken to have been valid during the relevant period.\nWithout limiting subsection (1), a requirement in an approved application form for the application to be endorsed by a nominator, in a way stated by the form, is taken to have been valid during the relevant period.\nIn this section—\napproved application form means a form—\nmade available by the department for use, under the regulation, for applying for appointment as a justice of the peace or commissioner for declarations; and\npublished in the gazette on 22 April 2005 at page 1301.\nregulation means the Justices of the Peace and Commissioners for Declarations Regulation 1991 .\nrelevant period means the period—\nstarting on 22 April 2005; and\nending on 10 August 2006.\ns 46 prev s 46 ins 1992 No. 68 s 3 sch 1\nsub 1993 No. 76 s 3 sch 1\nom 14 December 1993 RA s 39\npres s 46 ins 2007 No. 37 s 101\n(sec.46-ssec.1) An approved application form is taken to have been valid during the relevant period.\n(sec.46-ssec.2) Without limiting subsection (1), a requirement in an approved application form for the application to be endorsed by a nominator, in a way stated by the form, is taken to have been valid during the relevant period.\n(sec.46-ssec.3) In this section— approved application form means a form— made available by the department for use, under the regulation, for applying for appointment as a justice of the peace or commissioner for declarations; and published in the gazette on 22 April 2005 at page 1301. regulation means the Justices of the Peace and Commissioners for Declarations Regulation 1991 . relevant period means the period— starting on 22 April 2005; and ending on 10 August 2006.\n- (a) made available by the department for use, under the regulation, for applying for appointment as a justice of the peace or commissioner for declarations; and\n- (b) published in the gazette on 22 April 2005 at page 1301.\n- (a) starting on 22 April 2005; and\n- (b) ending on 10 August 2006.","sortOrder":71},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Transitional provision for Justice and Other Legislation Amendment Act 2010","content":"## Transitional provision for Justice and Other Legislation Amendment Act 2010","sortOrder":72},{"sectionNumber":"sec.47","sectionType":"section","heading":"Correction of register to comply with amended Act","content":"### sec.47 Correction of register to comply with amended Act\n\nThis section applies to any corrections the registrar is required to make to the register because of the amendment of section 13 made by the Justice and Other Legislation Amendment Act 2010 .\nThe registrar may correct the register as soon as the registrar considers it practicable to do so after the commencement of the amendment of the section.\ns 47 prev s 47 ins 1993 No. 76 s 3 sch 1\nexp 14 December 1993 (see s 47(2))\npres s 47 ins 2010 No. 42 s 137\n(sec.47-ssec.1) This section applies to any corrections the registrar is required to make to the register because of the amendment of section 13 made by the Justice and Other Legislation Amendment Act 2010 .\n(sec.47-ssec.2) The registrar may correct the register as soon as the registrar considers it practicable to do so after the commencement of the amendment of the section.","sortOrder":73}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's operative scope has been expanded by later amendments to add a formal disciplinary and oversight regime (Part 3A: suspension, investigation, show‑cause, revocation) and to define and manage disqualifying convictions and exemptions (secs 31A–31F; 17A–17B). It also formalises training and a code of conduct (secs 32, 31G), strengthens register publication and electronic management (secs 13, 21, 38A), and adds confidentiality protections for departmental staff (sec 33A). These changes shift the instrument from a bare appointment/register statute to a more prescriptive regulatory and compliance framework with administrative discretion and appeal routes (see secs 15A, 31E, QCAT references)."},"complexity_factors":["Multiple categories and continuity rules for office (appointment categories, ex officio holders, transitional holders) (secs 15, 19, 41, 42).","Detailed qualification, disqualification and exemption framework including spent convictions and public‑interest exemptions (secs 16, 17, 17A, 17B).","Layered administrative decision‑making with distinct roles and discretions for the chief executive, Minister and Governor in Council (application, recommendation, appointment, revocation) (secs 15A, 15, 24, 31E, 31F).","Procedural safeguards and processes for investigation, show‑cause, suspension and revocation with timelines and rights to make representations (secs 31C, 31D, 31E, 31F).","Register management, publication duties and privacy exceptions (electronic/hard copy register, public notices, withheld contact details) (secs 13, 21, 38A).","Training and conduct regulation regime requiring approved courses and a code of conduct approved by regulation (secs 31G, 32).","Evidentiary and validation provisions, criminal penalties and defences, and protections for acts done in purported office (secs 31, 34, 34A, 35, 36, 39).","Interplay with other statutes and bodies (Justices Act 1886 powers limits, QCAT review rights, police criminal‑history reporting) (secs 29, 15A, 33).","Numerous transitional and amendment provisions that change mechanics over time and require register corrections (secs 41–47)."],"plain_english_summary":"Mechanically, this Act sets out how Queensland justices of the peace and commissioners for declarations are appointed, registered, trained, supervised and removed; it creates a public register, prescribes oaths and marks of office, defines powers and limits, and establishes suspension, revocation and evidentiary rules. It affects applicants, appointed JPs and commissioners, the registrar, the chief executive, the Minister and the Governor in Council. It matters because it allocates who decides appointments and discipline (secs 15, 15A, 31A–31F), imposes compliance, training and publication duties (secs 13, 21, 31G, 32) and attaches penalties for misuse (secs 34, 35)."},"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"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2815},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original purpose of simply appointing JPs and defining their powers. It now functions as a comprehensive regulatory and disciplinary regime. Modern additions include: an elaborate fitness-for-office assessment scheme (including criminal history checks with exemption applications and public interest tests); mandatory continuing professional development (approved training courses); a detailed code of conduct enforceable through suspension and revocation procedures (Part 3A); privacy protections for personal information handled by office holders; and specific provisions for handling proof-of-identity documents. The legislation has shifted from a simple 'appointment and powers' statute to an ongoing compliance and integrity framework."},"complexity_factors":["Multiple overlapping office categories (Commissioner for Declarations, JP (Qualified), JP (Magistrates Court), JP (Commissioner for Declarations), and automatic appointments for judicial officers) with different powers set out in cross-referenced tables and sections","Approximately 30 defined terms in section 3, plus Part-specific definitions in section 31A, creating a dense technical vocabulary","Extensive cross-referencing to at least 6 other Acts including the Justices Act 1886, QCAT Act, Legal Profession Act 2007, and Criminal Law (Rehabilitation of Offenders) Act 1986","Nested conditional logic for disqualifications: general disqualification for certain convictions → exemption power available → absolute prohibition on exemptions for offences against the Act itself","Multi-tiered administrative decision-making involving the Chief Executive (suitability assessments), Minister (recommendations), Governor in Council (appointments/revocations), and QCAT (appeals)","Detailed procedural framework for suspension and revocation (Part 3A) incorporating investigations, natural justice requirements (show cause notices with 20+ business day response periods), and independent report preparation","Transitional provisions spanning from 1991 to 2023 with automatic conversion mechanisms between office categories and legacy registration arrangements"],"plain_english_summary":"This Queensland Act governs **Justices of the Peace (JPs)** and **Commissioners for Declarations (Cdecs)**—community volunteers authorised to witness statutory declarations, take affidavits, and perform limited court duties.\n\n**Who it affects**\n- Anyone applying to become a JP or Cdec.\n- Current office holders (who must comply with ongoing training and conduct rules).\n- Members of the public who rely on these officers to certify documents or administer oaths.\n\n**What it does**\n- **Creates different 'levels' of office**: \n  - *Commissioners for Declarations* can witness documents and take declarations but cannot perform court functions.\n  - *JPs (Qualified)* can perform procedural court actions (e.g., issuing warrants, granting bail).\n  - *JPs (Magistrates Court)* can hear guilty pleas to simple offences and examine witnesses in serious matters.\n  - Judges, magistrates, and certain court staff automatically become JPs by virtue of their job.\n\n- **Regulates appointments**: Applicants must be Australian citizens, resident in Queensland (or working here), of good character, and complete approved training. People with certain criminal convictions (indictable offences, dishonesty, or breaches of confidentiality) are generally disqualified unless granted a special exemption.\n\n- **Requires registration**: A Registrar maintains a public register of all appointees, issues seals of office (like an official stamp), and can remove names if appointments are revoked or resigned.\n\n- **Sets rules for conduct**: Office holders must follow a code of conduct, cannot charge fees for their services (it’s voluntary), and must keep information obtained during duties confidential. They can be suspended or have their appointment revoked for misconduct, incompetence, or new criminal convictions.\n\n- **Protects the public**: It is an offence to pretend to be a JP or Cdec, and the Act validates documents even if an office holder’s appointment had technically lapsed (protecting innocent third parties who relied on the document).\n\n**Why it matters**\nThis legislation ensures that people performing important legal functions—like witnessing wills or certifying identity documents—are honest, properly trained, and accountable. It balances community access to these services with safeguards against fraud and abuse of power."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original 1991 scope focused on basic appointment, registration, and powers of JPs and Commissioners. Over time — particularly through significant 2023 amendments — the scope expanded considerably to include: a formal structured application process with the chief executive as decision-maker; a statutory code of conduct with enforcement mechanisms; a detailed suspension and revocation regime with investigation procedures and QCAT appeal rights; formal disqualifying conviction provisions (including spent convictions) with an exemption framework; and explicit community needs considerations for remote and Indigenous communities. The role of the chief executive has grown substantially from administrative support to active gatekeeper and enforcement authority."},"complexity_factors":["Multiple overlapping categories of JPs and Commissioners with different powers and limitations that interact with other legislation (Justices Act 1886)","Complex eligibility and disqualification rules, including treatment of 'spent' convictions that override standard rehabilitation protections","Multi-step appointment process involving the chief executive, Minister, and Governor in Council","Layered exemption mechanism for disqualifying convictions with its own application and appeal pathway","Separate suspension and revocation regime (Part 3A) with investigation procedures, show cause processes, and QCAT review rights","Automatic JP status for certain office holders (judges, magistrates, court staff) operating in parallel with the appointment system","Numerous cross-references to other Queensland legislation (QCAT Act, Legal Profession Act 2007, Justices Act 1886, Criminal Law (Rehabilitation of Offenders) Act 1986, Public Sector Act 2022)","Extensive amendment history since 1991 creating transitional provisions and legacy categories still in operation","Privacy carve-outs for publication of appointments (domestic violence, law enforcement) adding conditional complexity","Distinction between 'ceasing to hold office' through different mechanisms (resignation, revocation, prohibition, citizenship loss, insolvency) each with different procedural consequences"],"plain_english_summary":"This law establishes how Justices of the Peace and Commissioners for Declarations are appointed, trained, regulated, suspended or removed in Queensland. It sets eligibility and character checks, requires a public register and a code of conduct, and controls what official witnessing and certification powers those officers may exercise.\n\nIt affects applicants, current JPs/Commissioners, court staff who hold automatic status, and anyone who relies on witnessed or certified documents — ensuring those witnesses are vetted, accountable and identifiable."}},"importantCases":[],"_links":{"self":"/api/acts/justices-of-the-peace-and-commissioners-for-declarations-act-1991","history":"/api/acts/justices-of-the-peace-and-commissioners-for-declarations-act-1991/history","analysis":"/api/acts/justices-of-the-peace-and-commissioners-for-declarations-act-1991/analysis","conflicts":"/api/acts/justices-of-the-peace-and-commissioners-for-declarations-act-1991/conflicts","importantCases":"/api/acts/justices-of-the-peace-and-commissioners-for-declarations-act-1991/important-cases","documents":"/api/acts/justices-of-the-peace-and-commissioners-for-declarations-act-1991/documents"}}