{"id":"nsw:sl-2020-0489","name":"Justices of the Peace Regulation 2020","slug":"justices-of-the-peace-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"489 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176372,"registerId":"nsw-nsw:sl-2020-0489-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Justices of the Peace Regulation 2020](/view/html/inforce/current/sl-2020-0489).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Justices of the Peace Regulation 2014](/view/html/repealed/current/sl-2014-0527), which would otherwise be repealed on 1 September 2020 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > Department means the Department of Communities and Justice.\n> > \n> > the Act means the [Justices of the Peace Act 2002](/view/html/inforce/current/act-2002-027).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Additional function of justices of the peace—the Act, s 8","content":"#### 3A Additional function of justices of the peace—the Act, s 8\n\n3A Additional function of justices of the peace—the Act, s 8\n\n> > (1) For the purposes of the Act, section 8(1), the function of being a court appointed questioner is conferred on justices of the peace.\n> \n> > (2) To avoid doubt, a justice of the peace may exercise a function conferred by subclause (1) only if the person is appointed by a court under the relevant provision.\n> \n> > (3) In this clause—\n> > \n> > court appointed questioner means a person who, under the relevant provision, is appointed to examine in chief, cross-examine or re-examine a complainant or a vulnerable witness.\n> > \n> > relevant provision means the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209), section 289VA.\n> \n> **cl 3A:** Ins 2022 (640), sec 3(1).","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Extension or reduction of term of office","content":"#### 4 Extension or reduction of term of office\n\n4 Extension or reduction of term of office\n\n> > (1) The Secretary may, by notice in writing to a justice of the peace—\n> > \n> > > (a) extend the term of office of the justice of the peace for a period not exceeding 2 years, or\n> > \n> > > (b) reduce the term of office of the justice of the peace for a period not exceeding 1 year.\n> \n> > (2) The Secretary may delegate the Secretary’s function under subclause (1) to a senior executive of the Department.\n> \n> > (3) This clause extends to persons holding office as justices of the peace immediately before the commencement of this clause.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Criteria for appointment as justice of the peace","content":"#### 5 Criteria for appointment as justice of the peace\n\n5 Criteria for appointment as justice of the peace\n\n> For the purposes of section 5(1)(c) of the Act, the following criteria must be satisfied by a person for appointment as a justice of the peace—\n> \n> > (a) the person must be an Australian citizen or a person who is entitled to vote at a general election for the Legislative Assembly,\n> \n> > (b) the person must be of good character,\n> \n> > (c) the person must successfully complete any knowledge test that may be required by the Department on the functions of a justice of the peace,\n> \n> > (d) the person must consent in writing to confidential inquiries being made as to the person’s suitability for appointment, including a criminal records check,\n> \n> > (e) the person must not be an undischarged bankrupt,\n> \n> > (f) the person must establish that the person’s appointment as a justice of the peace is required for reasons relating to the person’s employment or to fulfil a community-based need for the appointment.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Oath of office","content":"#### 6 Oath of office\n\n6 Oath of office\n\n> For the purposes of section 7(1) of the Act, the oath of office is to be taken, not later than 4 months after the date of appointment of the person concerned or within a further period that the Minister may approve in relation to the person, in accordance with requirements for justices of the peace under the [Oaths Act 1900](/view/html/inforce/current/act-1900-020).","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Code of conduct","content":"#### 7 Code of conduct\n\n7 Code of conduct\n\n> For the purposes of section 8(3) of the Act, the code of conduct set out in Schedule 1 is prescribed.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Additional circumstances for removal from office","content":"#### 8 Additional circumstances for removal from office\n\n8 Additional circumstances for removal from office\n\n> For the purposes of section 9(3)(d) of the Act, a person may be removed from office as a justice of the peace in the following circumstances—\n> \n> > (a) if the person fails to take the oath of office in accordance with clause 6,\n> \n> > (b) if the Minister is of the opinion that the person does not satisfy or no longer satisfies the criteria for appointment as a justice of the peace,\n> \n> > (c) if the Minister is of the opinion that the person has failed to carry out properly the person’s functions as a justice of the peace.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Contents of register","content":"#### 9 Contents of register\n\n9 Contents of register\n\n> > (1) For the purposes of section 11(2) of the Act, and subject to subclauses (2) and (3), the register of justices of the peace is to contain the following particulars in relation to each justice of the peace—\n> > \n> > > (a) the full name of the justice of the peace,\n> > \n> > > (b) the suburb or town where the justice of the peace carries out most of the functions as a justice of the peace, and the postcode of that suburb or town,\n> > \n> > > (c) a telephone number, nominated by the justice of the peace, on which members of the public may contact the justice of the peace,\n> > \n> > > (d) if the justice of the peace is appointed to fulfil a community-based need (rather than primarily for purposes related to the employment of that justice of the peace (employment-related purposes), the times at which the justice of the peace is available to provide justice of the peace services.\n> \n> > (2) The particulars referred to in subclause (1)(b) and (c) may not be included on, and must be removed from, the register if a justice of the peace who exercises functions as a justice of the peace for employment-related purposes notifies the Secretary in writing that the justice of the peace does not consent to their inclusion.\n> \n> > (3) The particulars referred to in subclause (1)(b), (c) and (d) may not be included on, and must be removed from, the register if—\n> > \n> > > (a) a justice of the peace notifies the Secretary that the safety or well-being of the justice of the peace would be affected if the information is included or not removed, and\n> > \n> > > (b) the Secretary is satisfied that the exclusion or removal is necessary for that reason.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Repeal and savings","content":"#### 10 Repeal and savings\n\n10 Repeal and savings\n\n> > (1) The [Justices of the Peace Regulation 2014](/view/html/repealed/current/sl-2014-0527) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Justices of the Peace Regulation 2014](/view/html/repealed/current/sl-2014-0527), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":10},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Code of conduct for justices of the peace","content":"# Schedule 1 Code of conduct for justices of the peace\n\nSchedule 1 Code of conduct for justices of the peace\n\n(Clause 7)\n\n**sch 1:** Am 2022 (640), sec 3(2).","sortOrder":11}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication the regulation's scope changed from its original intent. The single substantive amendment (effective 28 October 2022) appears to be an update rather than a fundamental expansion or restriction of the regulation's purpose. Without the full text of the provisions, a definitive assessment cannot be made."},"complexity_factors":["The substantive provisions of the regulation were not included in the provided text — only metadata and website navigation were captured, preventing full analysis","Regulations governing JPs are generally straightforward administrative instruments","The regulation operates within a well-established legal framework (the Justices of the Peace Act) which limits interpretive complexity","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a minor administrative dimension but is a standard feature of NSW regulations"],"plain_english_summary":"The Justices of the Peace Regulation 2020 (NSW) sets the operating rules for volunteer Justices of the Peace in New South Wales — governing how they witness signatures, certify document copies and handle statutory declarations — under the Justices of the Peace Act. It was made 21 Aug 2020, updated to 28 Oct 2022, is currently in force and slated for automatic repeal on 1 Sep 2026.\n\nIt affects members of the public who rely on JP services, current and prospective JPs, and government agencies that deal with certified documents and declarations."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Regulation repeals the 2014 Regulation but carries forward existing effects (cl 10). It expands the express functions of JPs by prescribing that the court‑appointed questioner role is a JP function when a court appoints the person (cl 3A). It also formalises administrative powers over term extensions/reductions and delegation to senior executives (cl 4), and updates appointment criteria, register content and confidentiality/safety exceptions (cls 5, 9, sch 1)."},"complexity_factors":["Cross-references to multiple other Acts (Justices of the Peace Act 2002, Oaths Act 1900, Criminal Procedure Act 1986, Subordinate Legislation Act 1989, Bankruptcy Act 1966, Corporations Act 2001) increase interpretive work.","Discretionary powers vested in the Minister and Secretary (e.g. cl 4 extension/reduction of term, Minister approval for oath extensions, Minister opinions as grounds for removal) create administrative judgment calls.","Delegation rules (Secretary may delegate functions to a senior executive) add layers to decision‑making and accountability (cl 4(2)).","Privacy and safety exceptions for register entries require case‑by‑case satisfactions by the Secretary (cl 9(2)–(3)).","Operational compliance obligations for appointees: criminal checks, knowledge tests, notification duties, recording registration numbers, and adherence to a prescribed handbook and code of conduct (cls 5, 6, 4 sch 1, sch 1).","Narrow payment rule with an explicit exception for court‑appointed questioner fees introduces a specific remuneration carve‑out (sch 1 cl 3(1A) and cl 3A).","Repeal and savings provision preserves existing effects while replacing the prior regulation, requiring mapping of legacy arrangements (cl 10)."],"plain_english_summary":"This Regulation sets the rules for appointing, supervising and removing New South Wales Justices of the Peace (JPs). It prescribes eligibility checks, oath timing, register contents, a code of conduct, powers to extend or shorten terms, and limits on charging for JP services. It also permits JPs to act as court‑appointed questioners when a court makes that appointment.\n\nIt affects current and prospective JPs, the Department of Communities and Justice (which administers appointments and the register), and members of the public who rely on JP services."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation remains tightly focused on its original purpose: operational details for the appointment, conduct, and removal of Justices of the Peace. The 2022 amendment adding the 'court appointed questioner' function represents a modest, logical extension of JP functions rather than scope creep — it utilises existing JP skills (impartiality, integrity, familiarity with legal processes) for a related protective jurisdiction. The instrument has not expanded into unrelated policy areas."},"complexity_factors":["Short, focused regulation with only 10 operative clauses plus a schedule","Minimal cross-referencing — primarily references the parent Act (Justices of the Peace Act 2002) and a few external statutes (Criminal Procedure Act 1986, Oaths Act 1900, Bankruptcy Act 1966, Corporations Act 2001)","Only 2 defined terms in the interpretation section ('Department' and 'the Act'), though clause 3A adds 2 more specific definitions for the court-appointed questioner function","Straightforward conditional logic — mostly 'if X then Y' structures without nested exceptions","Single amendment incorporated (2022) adding clause 3A and amending Schedule 1, showing the instrument has remained relatively stable","Code of conduct in Schedule 1 uses plain language obligations ('must not', 'must') rather than complex legal formulae"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets out the detailed rules for how Justices of the Peace (JPs) operate in New South Wales. JPs are volunteers (or sometimes employees) who perform important legal functions like witnessing signatures, certifying documents, and taking oaths.\n\n**Key things the Regulation covers:**\n\n*   **Who can become a JP:** You must be an Australian citizen (or eligible to vote), be of good character, pass a knowledge test, consent to criminal background checks, not be bankrupt, and prove you need the appointment for work or community reasons.\n\n*   **What JPs can do:** The Regulation adds a specific new function — JPs can now act as \"court appointed questioners\" (people appointed by courts to question vulnerable witnesses or complainants in criminal cases, to protect them from the stress of direct courtroom questioning).\n\n*   **How long JPs serve:** The Secretary can extend a JP's term by up to 2 years, or reduce it by up to 1 year.\n\n*   **Rules of behaviour:** The Regulation includes a detailed **Code of Conduct** that all JPs must follow. This includes:\n    *   Treating people with respect and not refusing requests unreasonably\n    *   Staying impartial and avoiding conflicts of interest\n    *   Not charging fees for JP services (except when acting as a court-appointed questioner)\n    *   Not using the JP title to gain unfair business advantages\n    *   Keeping information confidential\n    *   Never witnessing documents unless they've actually seen the person sign and verified their identity\n    *   Not giving legal advice\n\n*   **Public register:** There's a public register listing JPs, including their name, location, and contact details. However, JPs can request their details be hidden if they have safety concerns, or if they only use their JP status for work purposes and don't want to be contacted by the public.\n\n*   **Removal from office:** JPs can be removed if they fail to take their oath, no longer meet the criteria, or aren't performing their duties properly.\n\n**Who it affects:**\n\n*   Current and aspiring Justices of the Peace in NSW\n*   Members of the public who need documents witnessed or certified\n*   Courts that use JPs as appointed questioners for vulnerable witnesses\n\n**Why it matters:**\n\nThis Regulation ensures JPs are qualified, trustworthy, and accountable. It protects the public by making sure JP services are accessible, free, and performed properly. The 2022 addition allowing JPs to act as court-appointed questioners is particularly significant — it helps protect vulnerable people (like children or victims of serious crimes) from the trauma of giving evidence directly in open court."}},"importantCases":[],"_links":{"self":"/api/acts/justices-of-the-peace-regulation-2020","history":"/api/acts/justices-of-the-peace-regulation-2020/history","analysis":"/api/acts/justices-of-the-peace-regulation-2020/analysis","conflicts":"/api/acts/justices-of-the-peace-regulation-2020/conflicts","importantCases":"/api/acts/justices-of-the-peace-regulation-2020/important-cases","documents":"/api/acts/justices-of-the-peace-regulation-2020/documents"}}