{"id":"tas:sr-2019-033","name":"Justices of the Peace (Code of Conduct) Regulations 2019","slug":"justices-of-the-peace-code-of-conduct-regulations-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"33 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184329,"registerId":"tas-tas:sr-2019-033-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Justices of the Peace (Code of Conduct) Regulations 2019](/view/html/inforce/2026-04-12/sr-2019-033) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 1 July 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Justices of the Peace Act 2018](/view/html/inforce/2026-04-12/act-2018-015) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Code of conduct","content":"### 4 Code of conduct\n\n> > (1)  For the purposes of [section 20(a)](/view/html/inforce/2026-04-12/act-2018-015#GS20@Hpa@EN) of the Act, a code of conduct that applies to all appointed justices is set out in [Schedule 1](#JS1@EN) .\n> \n> > (2)  The provisions of [Schedule 1](#JS1@EN) comprise the code of conduct.","sortOrder":3},{"sectionNumber":"SCHEDULE 1 - Code of conduct f","sectionType":"part","heading":"SCHEDULE 1 - Code of conduct for appointed justices","content":"# SCHEDULE 1 - Code of conduct f SCHEDULE 1 - Code of conduct for appointed justices\n\n[Regulation 4](#GS4@EN)","sortOrder":4},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\n> **1.   **Interpretation of code of conduct****\n> \n> > In this code of conduct –\n> > \n> > > ***Act*** means the [Justices of the Peace Act 2018](/view/html/inforce/2026-04-12/act-2018-015) ;\n> > \n> > > ***service***, in relation to a Justice of the Peace, has the meaning given by [clause 2](#JS1@HS1@GC2@EN) .\n\n> **2.   **Meaning of service provided by Justice of the Peace****\n> \n> > A service is provided by a Justice of the Peace if he or she exercises a power, or performs a duty, of a Justice of the Peace for the benefit of another person.\n\n> **3.   **Application of code of conduct****\n> \n> > This code of conduct applies to all appointed justices.\n\n> **4.   **Purpose of code of conduct****\n> \n> > This code of conduct prescribes the behaviour expected of all appointed justices.\n\n> **5.   **Effect of contravention of code of conduct****\n> \n> > Under [section 29(a)](/view/html/inforce/2026-04-12/act-2018-015#GS29@Hpa@EN) of the Act, serious or repeated breaches of this code of conduct by an appointed justice may result in his or her removal from the office of Justice of the Peace.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Conduct of appointed justices","content":"# Part 2 Conduct of appointed justices\n\n> **6.   **Providing Justice of the Peace services****\n> \n> > In addition to the requirement under [section 19](/view/html/inforce/2026-04-12/act-2018-015#GS19@EN) of the Act for an appointed justice to be reasonably available to exercise his or her powers as a justice and reasonably active in doing so, an appointed justice –\n> > \n> > > > (a) must not unreasonably refuse to provide the services of a Justice of the Peace; and\n> > > \n> > > > (b) must deal with requests for the services of a Justice of the Peace in a timely manner.\n\n> **7.   **General conduct****\n> \n> > > (1) An appointed justice must –\n> > > \n> > > > > (a) respect and comply with the law; and\n> > > > \n> > > > > (b) conduct himself or herself in a manner that promotes public confidence in the integrity and independence of the office of Justice of the Peace.\n> > \n> > > (2) An appointed justice must behave in a respectful and courteous manner towards anyone who seeks his or her services as a Justice of the Peace.\n> > \n> > > (3) An appointed justice must not –\n> > > \n> > > > > (a) engage in any dishonest activities; or\n> > > > \n> > > > > (b) conduct himself or herself in such manner as to bring the office of Justice of the Peace into disrepute.\n> > \n> > > (4) An appointed justice –\n> > > \n> > > > > (a) must always act impartially in exercising his or her powers as a Justice of the Peace; and\n> > > > \n> > > > > (b) must not allow his or her conduct as a Justice of the Peace to be influenced by his or her political, business, family, social, religious or personal interests.\n> > \n> > > (5) An appointed justice must not convey, or permit another person to convey, the impression that the justice is in a special position of influence by reason of being a Justice of the Peace.\n> > \n> > > (6) An appointed justice must not use his or her office as Justice of the Peace for the purpose of benefitting his or her business, commercial or personal interests.\n> > \n> > > (7) An appointed justice must give appropriate precedence to his or her duties as a Justice of the Peace without causing unreasonable detriment to his or her personal or business life.\n> > \n> > > (8) An appointed justice must not purport to hold, or purport to exercise, as a Justice of the Peace a power that is not conferred on him or her as a Justice of the Peace by the Act or any other Act.\n\n> **8.   **Confidentiality****\n> \n> > > (1) An appointed justice must respect the confidentiality of a person to whom he or she provides the services of a Justice of the Peace.\n> > \n> > > (2) An appointed justice must not, intentionally, reveal to another person or otherwise publish information –\n> > > \n> > > > > (a) that he or she obtained in providing services as a Justice of the Peace; and\n> > > > \n> > > > > (b) that is private, confidential or commercially sensitive.\n> > \n> > > (3) [Subclause (2)](#JS1@HS2@GC8@Gc2@EN) does not apply to the revealing or publication of information that is required or authorised by any Act or other law.\n\n> **9.   **Legal and notarial services and advice****\n> \n> > An appointed justice, in the course of providing the services of a Justice of the Peace to a person, must not provide –\n> > \n> > > > (a) legal advice to the person; or\n> > > \n> > > > (b) notarial services or advice to the person.\n> > \n> > > > Note\n> > > \n> > > [Section 36](/view/html/inforce/2026-04-12/act-2018-015#GS36@EN) of the Act prohibits a Justice of the Peace from demanding, taking or accepting any fee, gratuity, patronage or reward for carrying out the duties of a Justice of the Peace. This does not include remuneration from an employer if the Justice of the Peace performs the duties of a Justice of the Peace as part of his or her employment. Contravening this section of the Act may result in a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both.\n\n> **10.   **Conflict of interest****\n> \n> > > (1) For the purposes of this regulation, an appointed justice has a conflict of interest when providing the services of a Justice of the Peace if his or her personal, pecuniary or business interests interfere with, or may be perceived as interfering with, his or her independent and impartial provision of those services to, or in relation to, a person.\n> > \n> > > (2) If –\n> > > \n> > > > > (a) an appointed justice is considering providing, or is providing, the services of a Justice of the Peace to, or in relation to, a person; and\n> > > > \n> > > > > (b) the appointed justice is aware, or becomes aware, that he or she has or may have a conflict of interest in the provision those services to, or in relation to, that person –\n> > > \n> > > the appointed justice must disclose that conflict of interest or possible conflict of interest to that person and disqualify himself or herself from providing, or continuing to provide, those services.\n\n> **11.   **Knowledge and competence****\n> \n> > An appointed justice must be familiar with, and comply with, the provisions of –\n> > \n> > > > (a) the Act; and\n> > > \n> > > > (b) these regulations; and\n> > > \n> > > > (c) any other regulations made under the Act; and\n> > > \n> > > > (d) any other law having effect in relation to appointed justices; and\n> > > \n> > > > (e) any guidelines issued under the Act and applying in relation to appointed justices.\n> > \n> > > > Note 2\n> > > \n> > > [Section 18](/view/html/inforce/2026-04-12/act-2018-015#GS18@EN) of the Act requires appointed justices to undertake and complete training or professional development –\n> > > \n> > > > > (a) prescribed by the regulations; or\n> > > > \n> > > > > (b) required by the Secretary of the Department.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 26 June 2019\n\nThese regulations are administered in the Department of Justice.","sortOrder":6}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations do not expand or narrow who is covered; they prescribe conduct for all appointed justices (Sch 1 cl 3) and rely on the Act for enforcement mechanisms including removal and penalties (Sch 1 cl 5; cl 9 note referencing Act s36). The instrument therefore clarifies behavioural rules rather than altering the statutory scope of appointment or powers."},"complexity_factors":["Extensive cross-references to the parent Act for definition of powers, removal and penalties (Reg 4; Sch 1 cl 5; cl 9 note referring to Act s36).","Several standards use broad, discretionary terms—eg. “reasonably available”, “timely manner”, “appropriate precedence”—which require administrative interpretation (Sch 1 cl 6, cl 7(2), cl 7(7)).","Operational requirements (conflict disclosure, confidentiality, training) impose repetitive compliance tasks on many individuals (Sch 1 cls 8–11).","Specific prohibitions (no legal/notarial advice; no fees) interact with criminal/penalty provisions in the Act, increasing legal risk if breached (Sch 1 cl 9 note).","Confidentiality carve-out for disclosure required by law adds a conditional exception needing judgment about when disclosure is authorised (Sch 1 cl 8(3))."],"plain_english_summary":"Sets a mandatory code of conduct for all appointed Justices of the Peace from 1 July 2019, specifying duties on availability, impartiality, confidentiality, conflicts, competence, and prohibitions (Reg 4; Schedule 1, cls 3–11). It affects appointed JPs, who must not charge fees, must disclose conflicts, refrain from giving legal/notarial advice, complete required training, and may be removed for serious or repeated breaches (Sch 1 cl 5; cl 9 note referencing Act s36). Costs are mainly compliance time and risk of removal."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a code of conduct for Justices of the Peace. The scope has not expanded beyond this core function."},"complexity_factors":["Only 1 defined term in the main regulations ('Act'), with 2 additional defined terms in the Schedule","Straightforward structure: short regulations + single Schedule containing the code","No nested exceptions or complex conditional logic — clause 8(3) contains a single simple exception for confidentiality requirements","Minimal cross-referencing — primarily references to the parent Act (Justices of the Peace Act 2018)","Plain language drafting with numbered lists and clear obligations using 'must' and 'must not'","Total length is brief: 4 short regulations plus a 11-clause Schedule"],"plain_english_summary":"**What this legislation does:**\n\nThis is a Tasmanian regulation that sets out a **code of conduct** (a set of rules about proper behaviour) for Justices of the Peace (JPs). JPs are volunteers appointed by the government who can witness documents, certify copies, and perform other legal functions.\n\n**Who it affects:**\n\n- **Directly:** All appointed Justices of the Peace in Tasmania\n- **Indirectly:** Anyone who uses JP services (the public)\n\n**What the rules require:**\n\nJPs must:\n- **Be available and helpful** — not unreasonably refuse requests and deal with them promptly\n- **Act with integrity** — respect the law, be impartial, don't use the position for personal or business gain\n- **Behave respectfully** — be courteous to people seeking their services\n- **Keep secrets** — protect confidential information obtained while acting as a JP\n- **Stay in their lane** — not give legal advice or notarial services (those are jobs for lawyers and notaries)\n- **Avoid conflicts of interest** — if personal interests might affect their impartiality, they must disclose this and step aside\n- **Know their stuff** — be familiar with the laws and guidelines that apply to them\n\n**Why it matters:**\n\nThe code protects the public by ensuring JPs act professionally and fairly. Serious or repeated breaches can get a JP **removed from office**. It also protects JPs by clarifying what is expected of them."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulation appears to have remained consistent with its original intent — establishing a code of conduct for Tasmanian Justices of the Peace. No amendments are indicated, and there is no evidence of scope creep or expansion beyond its stated purpose."},"complexity_factors":["Limited legislative text is visible in the provided extract — the substantive conduct rules are not reproduced, reducing ability to assess full complexity","Subordinate legislation (regulation) rather than a primary Act — generally simpler in structure","Narrow, single-purpose subject matter focused solely on JP conduct standards","No amendments since commencement, suggesting stable and uncomplicated content","Applies to a defined and relatively small group (Tasmanian JPs)"],"plain_english_summary":"This regulation establishes a code of conduct for Justices of the Peace in Tasmania, setting expected standards of honesty, impartiality and lawful behaviour when they witness documents and certify copies. It affects volunteer JPs and the public who rely on their services, providing a clear basis for accountability and complaints. The instrument is a subordinate regulation in force from 1 July 2019."}},"importantCases":[],"_links":{"self":"/api/acts/justices-of-the-peace-code-of-conduct-regulations-2019","history":"/api/acts/justices-of-the-peace-code-of-conduct-regulations-2019/history","analysis":"/api/acts/justices-of-the-peace-code-of-conduct-regulations-2019/analysis","conflicts":"/api/acts/justices-of-the-peace-code-of-conduct-regulations-2019/conflicts","importantCases":"/api/acts/justices-of-the-peace-code-of-conduct-regulations-2019/important-cases","documents":"/api/acts/justices-of-the-peace-code-of-conduct-regulations-2019/documents"}}