{"id":"justices-of-the-peace-regulations-2021","name":"Justices of the Peace Regulations 2021","slug":"justices-of-the-peace-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235669,"registerId":"sa-justices-of-the-peace-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Justices of the Peace Regulations 2021","content":"South Australia\nJustices of the Peace Regulations 2021\nunder the Justices of the Peace Act 2005\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescribed requirements for appointment as justice\n5\tAdditional prescribed requirements for appointment as special justice\n6\tDisciplinary action\n7\tPeriod of service prescribed for retired justices\n8\tSpecial justices must comply with Code\nSchedule 1—Code of Conduct for Justices of the Peace and Special Justices\nPart 1—Provisions applicable to all justices of the peace\n1\tJustice must act within conditions of appointment\n2\tProhibition on soliciting or accepting fees, gifts etc in connection with office of justice\n3\tConflict of interest and improper influence\n4\tAdministering oaths, taking affidavits, witnessing instruments, etc\n5\tJustice must not divulge confidential information\n6\tJustice must not provide legal advice\n7\tRestrictions on use of office or title of justice\n8\tGeneral conduct\n9\tNotice of certain information to be provided to Attorney‑General\nPart 2—Additional provisions applicable to special justices\n10\tInterpretation\n11\tCourt duties etc\n12\tNotice of certain information to be provided to Chief Magistrate and Judge of Youth Court\nSchedule 2—Code of Conduct for Retired Justices of the Peace\n1\tProhibition on profiting from office of justice\nSchedule 3—Revocation of Justices of the Peace Regulations 2006\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Justices of the Peace Regulations 2021.\n2—Commencement\nThese regulations come into operation on 1 September 2021.\n3—Interpretation\nIn these regulations—\nAct means the Justices of the Peace Act 2005.\n4—Prescribed requirements for appointment as justice\n\t(1)\tFor the purposes of section 4(8)(d) of the Act, a person who is to be appointed as a justice must meet the following prescribed requirements:\n\t(a)\tthe person must be able to understand the duties and powers of a justice;\n\t(b)\tthe person must be sufficiently proficient in speaking English, and in reading and writing in the English language, so as to be able to—\n\t(i)\tidentify the nature of documents; and\n\t(ii)\tread and understand instructions relating to the person's official duties; and\n\t(iii)\tseek advice about the person's official duties;\n\t(c)\tthe person must not be bankrupt or have applied as a debtor to take the benefit of the laws relating to bankruptcy;\n\t(d)\tthe person must not be disqualified from managing or being involved in the management of any company under the Corporations Act 2001 of the Commonwealth;\n\t(e)\tthe person must provide at least 2 references as to the person's good character, reputation and standing in the community;\n\t(f)\tthe person must live or work in an area or community in which there is a need for a justice.\nExamples—\n1\tThe community in which the applicant lives or works may be scattered over a wide area. In that case, it may be desirable to appoint more justices per head of population than in a densely populated urban community.\n2\tThe community in which the applicant lives or works may include particular ethnic or cultural groups. In that case, it may be desirable to appoint a justice of the same ethnic or cultural group.\n3\tSome places of employment (such as a local council office or the electorate office of a Member of Parliament) have a higher than usual demand for the services of a justice. In that case, it may be desirable to appoint an applicant employed in such a place as a justice.\n\t(2)\tA person applying for reappointment as a justice on the expiration of the person's term of appointment under section 4 of the Act is exempt from meeting the requirements under subregulation (1)(e) and (f).\n5—Additional prescribed requirements for appointment as special justice\n\t(1)\tFor the purposes of section 7(3)(c) of the Act, a justice who is to be recommended by the Attorney‑General for appointment as a special justice must meet the following prescribed requirements:\n\t(a)\tthe justice must be under the age of 65 years;\n\t(b)\tthe justice must speak English fluently, and be sufficiently proficient in reading and writing in the English language, so as to be able to—\n\t(i)\tcommunicate clearly in a courtroom; and\n\t(ii)\tread and understand court documents and legislation;\n\t(c)\tthe justice must not have been convicted of any offence and must not have any outstanding charges or proceedings in relation to an offence alleged to have been committed by the justice;\n\t(d)\tthe justice must have been recommended to the Attorney‑General by the Chief Magistrate or the Judge of the Youth Court.\n\t(2)\tDespite subregulation (1)(a), the Attorney‑General may recommend for appointment as a special justice a justice who is of or over the age of 65 years if satisfied that there is good reason to do so.\n\t(3)\tDespite subregulation (1)(c), the Attorney‑General may recommend for appointment as a special justice a justice who has been convicted of an offence or who has outstanding against them a charge or proceedings in relation to an offence if the Attorney‑General is satisfied that the conviction, or outstanding charge or proceedings should, in the circumstances, be disregarded.\n\t(4)\tIn this regulation—\noffence does not include an offence that is expiable.\n6—Disciplinary action\nPursuant to section 11(1)(c) of the Act, there is proper cause for taking disciplinary action against a justice if the justice breaches, or fails to comply with, Part 1 (other than clause 9(2) or (3)) of the Code of Conduct for Justices of the Peace and Special Justices.\n7—Period of service prescribed for retired justices\nFor the purposes of section 16(4)(a) of the Act, the prescribed period is 20 years.\n8—Special justices must comply with Code\nSpecial justices must comply with the Code of Conduct for Justices of the Peace and Special Justices.\nSchedule 1—Code of Conduct for Justices of the Peace and Special Justices\nPart 1—Provisions applicable to all justices of the peace\n1—Justice must act within conditions of appointment\nA justice must not breach, or fail to comply with, a condition of the justice's appointment.\n2—Prohibition on soliciting or accepting fees, gifts etc in connection with office of justice\n\t(1)\tA justice must not, whether directly or indirectly, solicit or accept any fee or reward from any person in connection with the office of justice.\n\t(2)\tIn this clause—\nreward includes any gift, gratuity, benefit or favour.\n3—Conflict of interest and improper influence\n\t(1)\tA justice must not exercise the powers of a justice in respect of a matter in which the justice has a direct or indirect personal, family, financial or business interest.\n\t(2)\tA justice must not improperly influence, or attempt to improperly influence, a person who seeks the services of the justice.\n4—Administering oaths, taking affidavits, witnessing instruments, etc\n\t(1)\tIf, under an Act, it is provided—\n\t(a)\tthat a declaration may be made before a justice; or\n\t(b)\tthat an instrument may be signed or executed in the presence of, or be attested by, a justice,\nthe justice taking the declaration, or witnessing or attesting to the instrument, must do so in accordance with any directions provided under the Act.\nExample—\nRegulation 23 and Schedule 6 Document 1 (Waiver of Rights) under the Second-hand Vehicle Dealers Regulations 2010.\n\t(2)\tA justice must not—\n\t(a)\tadminister an oath or affirmation to a person; or\n\t(b)\ttake the declaration or affidavit of a person; or\n\t(c)\twitness the signing or execution of an instrument,\nif the justice reasonably doubts that the person is legally or mentally competent to make the oath, affirmation, declaration or affidavit or to execute the document.\n5—Justice must not divulge confidential information\nA justice must not intentionally divulge information of a private, confidential or commercially sensitive nature obtained by the justice in carrying out official duties except—\n\t(a)\tas authorised or required by law; or\n\t(b)\twith the consent of the person from whom the information was obtained or to whom the information relates.\n6—Justice must not provide legal advice\nA justice must not provide legal advice when acting in their capacity as a justice.\n7—Restrictions on use of office or title of justice\n\t(1)\tA justice must not—\n\t(a)\tuse, or seek to use, the office of justice of the peace for the purpose of advancing the justice's business, commercial or personal interests; or\n\t(b)\tuse, or seek to use, the title of justice of the peace for the purpose of advancing the justice's business or commercial interests; or\n\t(c)\tuse, or seek to use, the office or title of justice of the peace in a manner, or for a purpose, that may bring the office of justice of the peace into disrepute.\n\t(2)\tSubclause (1) does not apply to the use of the title of justice of the peace by a Member of Parliament or member of a council on a personal website or social media page.\n\t(3)\tIn this clause—\nmember of a council has the same meaning as in the Local Government Act 1999.\n8—General conduct\n\t(1)\tA justice must not criticise or comment on the choice of a person as to whether the person takes an oath or makes an affirmation.\n\t(2)\tA justice must behave in a proper and courteous manner to any person who seeks the justice's services as a justice.\n\t(3)\tA justice must not engage in dishonest activities or conduct themself in such a way as to bring the office of justice of the peace into disrepute.\n9—Notice of certain information to be provided to Attorney‑General\n\t(1)\tA justice must, within 14 days after any of the following matters occurring:\n\t(a)\tbeing charged with an offence (other than an offence that is expiable);\n\t(b)\tthe charge of an offence (other than an offence that is expiable) alleged to have been committed by the justice being withdrawn, dismissed or discontinued;\n\t(c)\tbeing convicted or acquitted of an offence (other than an offence that is expiable);\n\t(d)\tbeing issued with an interim intervention order or an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009;\n\t(e)\tbeing issued with an interim firearms prohibition order or a firearms prohibition order under the Firearms Act 2015;\n\t(f)\tbeing subject to any of the following:\n\t(i)\ta control order under the Serious and Organised Crime (Control) Act 2008;\n\t(ii)\ta control order under Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;\n\t(iii)\ta control order under the Child Sex Offenders Registration Act 2006;\n\t(g)\tbeing diagnosed with a mental illness where there are concerns the justice may cause harm to themselves, others or property;\n\t(h)\tbeing found to have acted dishonestly by any court, tribunal, inquiry, regulatory agency or complaint handling or dispute resolution body;\n\t(i)\tbecoming bankrupt or applying as a debtor to take the benefit of the laws relating to bankruptcy;\n\t(j)\tbeing disqualified from managing or being involved in the management of any company under the Corporations Act 2001 of the Commonwealth,\nprovide written notice of the details of the matter to the Attorney‑General.\n\t(2)\tA justice must, within 28 days after a change in—\n\t(a)\tthe justice's name; or\n\t(b)\tthe justice's business or home address; or\n\t(c)\tthe telephone number on which the justice can be contacted during business hours or after business hours; or\n\t(d)\tthe justice's occupation,\nprovide written notice of the change to the Attorney‑General.\n\t(3)\tA justice must, as soon as practicable after becoming aware—\n\t(a)\tthat the justice will be absent from the State for a period expected to last at least 3 months; or\n\t(b)\tthat the justice will, for some other reason, be unable to carry out official duties as a justice for a period of at least 3 months,\nprovide written notice of that information to the Attorney‑General.\nPart 2—Additional provisions applicable to special justices\n10—Interpretation\nIn this Part—\nsupervising judicial officer means—\n\t(a)\tthe Chief Magistrate; or\n\t(b)\tthe Magistrate who is designated as the Supervising Regional Manager of the Magistrates Court; or\n\t(c)\ta Magistrate who is designated as a Regional Manager of the Magistrates Court; or\n\t(d)\tthe Judge of the Youth Court.\n11—Court duties etc\n\t(1)\tA special justice must observe the directions of the relevant supervising judicial officer relating to the administration of the Magistrates Court or the Youth Court.\n\t(2)\tA special justice must attend court at the time and place notified to the special justice.\n\t(3)\tHowever, a special justice will be excused from attending court if the justice has given reasonable notice to the relevant supervising judicial officer of the justice's inability to attend.\n\t(4)\tA special justice must attend to the business of the court that is entrusted to the special justice diligently and to the best of the justice's ability.\n\t(5)\tA special justice must, at all times—\n\t(a)\twhen carrying out official duties as a special justice; and\n\t(b)\twhile in the precincts of a court,\nobserve the standard of conduct and dress expected of a judicial officer.\n12—Notice of certain information to be provided to Chief Magistrate and Judge of Youth Court\nA special justice must, within 14 days after any of the following matters occurring:\n\t(a)\tbeing charged with an offence (other than an offence that is expiable);\n\t(b)\tthe charge of an offence (other than an offence that is expiable) alleged to have been committed by the justice being withdrawn, dismissed or discontinued;\n\t(c)\tbeing convicted or acquitted of an offence (other than an offence that is expiable);\n\t(d)\tbeing issued with an interim intervention order or an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009;\n\t(e)\tbeing issued with an interim firearms prohibition order or a firearms prohibition order under the Firearms Act 2015;\n\t(f)\tbeing subject to any of the following:\n\t(i)\ta control order under the Serious and Organised Crime (Control) Act 2008;\n\t(ii)\ta control order under Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;\n\t(iii)\ta control order under the Child Sex Offenders Registration Act 2006;\n\t(g)\tbeing diagnosed with a mental illness where there are concerns the justice may cause harm to themselves, others or property;\n\t(h)\tbeing found to have acted dishonestly by any court, tribunal, inquiry, regulatory agency or complaint handling or dispute resolution body;\n\t(i)\tbecoming bankrupt or applying as a debtor to take the benefit of the laws relating to bankruptcy;\n\t(j)\tbeing disqualified from managing or being involved in the management of any company under the Corporations Act 2001 of the Commonwealth,\nprovide written notice of the details of the matter to the Chief Magistrate or the Judge of the Youth Court (depending on the court to which the special justice is assigned).\nNote—\nSee also clause 9 of the Code (Notice of certain information to be provided to Attorney‑General).\nSchedule 2—Code of Conduct for Retired Justices of the Peace\n1—Prohibition on profiting from office of justice\nA person must not use, or seek to use, \"JP (Retired)\", or any other title or description that implies that the person is a retired justice, for the purpose of advancing the person's business or commercial interests.\nNote—\nSee also section 16(4) of the Justices of the Peace Act 2005 which makes it an offence (punishable by a fine of $2 500) to use the title or description when not entitled to do so.\nSchedule 3—Revocation of Justices of the Peace Regulations 2006\nThe Justices of the Peace Regulations 2006 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2021\n122\nGazette 18.8.2021 p3109 \n1.9.2021: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable. No comparison between original intent and final form is possible based on the information provided."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without the actual content of the regulations","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"The Justices of the Peace Regulations 2021 (SA) are subordinate rules governing JPs in South Australia, setting out how volunteer JPs are appointed, their responsibilities and standards, and administrative processes that support the parent Act. \n\nThey affect people applying to be JPs, current JPs and members of the public who rely on JP services, because they define who can act as a JP and how JP services are regulated."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The 2021 instrument revokes the 2006 Regulations (Schedule 3) and replaces them with updated, prescriptive eligibility and conduct requirements: explicit English proficiency and insolvency/company‑management checks (r 4), age and conviction conditions plus AG waiver powers for special justices (r 5), defined notification timelines (Sch 1 cl 9, cl 12), a 20‑year retired‑service period (r 7) and a formal Code of Conduct tied to disciplinary action (r 6; Sch 1)."},"complexity_factors":["Multiple prescriptive eligibility criteria (English proficiency, bankruptcy status, Corporations Act disqualification) for appointment (r 4, r 5)","Age and criminal‑record conditions for special justices with specified Attorney‑General discretion to waive (r 5(1)–(3))","Detailed notice and timing obligations for a range of events (14‑day, 28‑day, 3‑month triggers) to Attorney‑General and supervising judicial officers (Sch 1 cl 9, cl 12)","Code of Conduct with operational prohibitions (no fees, no legal advice, conflict rules) tying to disciplinary action (Sch 1 Part 1; r 6)","Distinct duties and standards for special justices when performing court work (Sch 1 Part 2, cl 11)","Cross‑references to other Acts and instruments (Intervention Orders Act, Firearms Act, Corporations Act, Criminal Code), creating compliance linkages","Replacement of prior regulations (revocation of 2006 regulations) means transitional or interpretive changes may arise (Sch 3)"],"plain_english_summary":"These regulations set eligibility, appointment and conduct rules for Justices of the Peace, special Justices and retired JPs in South Australia—including English proficiency, bankruptcy and Corporations Act disqualification checks, age and criminal‑record conditions for special JPs, a code of conduct, notification duties and a 20‑year service threshold for “retired” status.\n\nThey affect applicants, serving JPs and appointing or supervising officials (Attorney‑General, Chief Magistrate/Judge). The regulations allocate compliance time and disclosure duties to JPs and give officials discretion to recommend, discipline or waive certain requirements."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing qualifications, conduct standards, and disciplinary frameworks for Justices of the Peace. The 2021 version replaces the 2006 regulations without significant expansion of scope - it modernises language, updates cross-references to contemporary legislation (e.g., adding firearms prohibition orders and modern control orders), and clarifies reporting obligations, but does not extend into new substantive areas beyond the traditional JP regulatory framework."},"complexity_factors":["Moderate cross-referencing to the parent Justices of the Peace Act 2005 (sections 4, 7, 11, 16)","Dual reporting structures - regular JPs report to Attorney-General, special justices report to both Attorney-General and Chief Magistrate/Judge of Youth Court","Nested exceptions in regulation 5: general age limit of 65 with Attorney-General override power, plus conviction bar with override power","Defined terms scattered across document ('expiable offence', 'supervising judicial officer', 'member of a council')","Schedule 1 contains 9 clauses for regular JPs plus 3 additional for special justices, creating parallel but slightly different obligations","Clause 9(1) lists 10 distinct triggering events for mandatory reporting with specific 14-day deadline","Exception to exception in clause 7(2) allowing MPs and councillors to use JP title on social media despite general commercial prohibition"],"plain_english_summary":"These regulations set out the rules for becoming and remaining a Justice of the Peace (JP) in South Australia. A JP is a volunteer who can witness documents, take affidavits (sworn statements), and perform other legal formalities.\n\n**Who can become a JP?**\nTo be appointed, you must:\n- Understand what a JP does\n- Speak, read and write English well enough to do the job\n- Not be bankrupt or banned from running companies\n- Provide two character references\n- Live or work in an area that needs a JP\n\n**Special Justices (court volunteers)**\nSpecial justices are a step up - they can actually sit in court and help with minor matters. They must meet stricter rules: under 65 (usually), fluent English, no criminal convictions, and recommended by a senior judge. The Attorney-General can waive the age and conviction rules in exceptional cases.\n\n**The Code of Conduct**\nAll JPs must follow strict rules including:\n- **No charging fees** - it's a volunteer role\n- **No conflicts of interest** - don't witness documents for family or business deals you're involved in\n- **No giving legal advice** - JPs can witness documents but cannot tell people what the law means\n- **Keep secrets** - don't blab about what you see in documents\n- **Behave properly** - no using the JP title to promote your business (unless you're a politician on social media)\n- **Tell the Attorney-General** if you get charged with a crime, go bankrupt, get a mental health diagnosis that affects your judgment, or various other serious life changes\n\nSpecial justices have extra duties: they must follow court directions, turn up when rostered, dress properly, and report the same serious changes to the Chief Magistrate as well as the Attorney-General.\n\n**Retired JPs**\nIf you've served 20+ years, you can use \"JP (Retired)\" but still can't use it for business promotion.\n\n**Why it matters**\nThese rules protect the public. When a JP witnesses your signature or takes your oath, you need to trust they're competent, honest, and not profiting from the role. The regulations ensure JPs are properly vetted, monitored, and held to account."}},"importantCases":[],"_links":{"self":"/api/acts/justices-of-the-peace-regulations-2021","history":"/api/acts/justices-of-the-peace-regulations-2021/history","analysis":"/api/acts/justices-of-the-peace-regulations-2021/analysis","conflicts":"/api/acts/justices-of-the-peace-regulations-2021/conflicts","importantCases":"/api/acts/justices-of-the-peace-regulations-2021/important-cases","documents":"/api/acts/justices-of-the-peace-regulations-2021/documents"}}