Honorary Justices Act 2014 (Victoria)

The Honorary Justices Act 2014 (Vic) creates a single statutory framework for two categories of lay judicial office-holders described as "honorary justices": justices of the peace (JPs) and bail justices (BJs). The Act sets out who may be appointed and re‑appointed, the minimum eligibility requirements, formalities (oath or affirmation), terms and age limits for bail justices, protections from personal liability, a non‑application rule for the Public Administration Act 2004 in respect of these offices, and validation of acts done despite defects in appointment (see Parts 2 and 3, especially ss 4-6, 7-10, 11-20). It consolidates administrative duties and oversight: the Secretary to the Department of Justice is empowered to request information from JPs (s 21), to direct or require training/professional development (s 23), to receive notifications of changes in status (s 22), and to issue guidelines (s 48). The Secretary has authority to suspend an honorary justice under specified circumstances (ss 27-30) and to appoint investigators who must be former judicial officers (ss 31-32). The Attorney‑General is tasked with satisfying eligibility criteria for appointments, and with deciding whether to recommend removal to the Governor in Council; that recommendation is the statutory gateway to removal (ss 7, 14, 34, 37). The Act prescribes specific grounds for removal (s 33) and for suspension (ss 27-28), provides procedural steps for investigation and response (s 32), and requires publication in the Government Gazette of removals (s 37(2)).

The statute also regulates the use of post‑nominal and retirement titles, establishing criteria for permission to use "JP (Retired)" or "BJ (Retired)" and the procedural protections for revocation (ss 39-42). Part 7 creates criminal offences with custodial and monetary penalties for impersonation, unauthorised use of retirement titles, provision of false or misleading information to the Secretary or an investigator, and for demanding or accepting fees for carrying out JP or BJ duties (ss 43-46). The Act authorises regulations to prescribe codes of conduct, training courses, and the offices that confer bail justice status by virtue of office (s 49). Transitional provisions preserve existing appointments at commencement (Part 9, ss 52-54). The Act also repealed Part 6 of the Magistrates' Court Act 1989 by its operation (s 1(f) and transitional notes).

Version No. 011

Honorary Justices Act 2014

No. 32 of 2014

Version incorporating amendments as at
28 October 2018

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

Part 2—Justices of the peace 3

Division 1—Powers of justices of the peace 3

4 Powers 3

5 Protection from liability 3

6 Public Administration Act 2004 does not apply 3

Division 2—Appointment of justices of the peace 4

7 Appointment 4

8 Oath of office 4

9 Validity of things done 5

10 Vacation of office 5

Part 3—Bail justices 6

Division 1—Powers and functions of bail justices 6

11 Powers and functions 6

12 Protection from liability 6

13 Public Administration Act 2004 does not apply 6

Division 2—Appointment and re-appointment of bail justices 6

14 Appointment 6

15 Re-appointment 7

16 Oath of office 8

17 Term of appointment 8

18 Certain office-holders to be bail justices 9

19 Validity of things done 9

20 Vacation of office 10

Part 4—Requirements of honorary justices 11

Division 1—Requirement of justices of the peace to provide certain information 11

21 Provision of information to the Secretary 11

Division 2—Requirements of honorary justices 12

22 Requirement to notify Secretary of change in circumstances 12

23 Requirement to undertake training or professional development 13

24 Requirement to be reasonably available and active 13

25 Requirement to comply with code of conduct 14

Part 5—Suspension and removal from office 15

26 Application of Part 15

27 Suspension for failure to undertake training or professional development 15

28 Suspension on other grounds 16

29 Notice of suspension 17

30 Suspension of honorary justice 17

31 Appointment of investigator 17

32 Investigation 18

33 Grounds for removal 19

34 Recommendation that honorary justice be removed from office 20

35 Findings that facts do not exist which could constitute grounds for removal 21

36 Notification to honorary justice of revoking of suspension 22

37 Removal from office 22

38 Re-appointment after removal 23

Part 6—Use of titles 24

39 Use of title by person holding office 24

40 Permission for retired person to use title 24

40A Use of retirement titles by persons who retired before this Act commenced 25

41 Requirements applying to retired person permitted to use title 26

42 Cessation or revocation of permission to use title 26

Part 7—Offences 28

43 Impersonating honorary justice 28

44 Use of title without authorisation 28

45 False or misleading information 28

46 Demanding, taking or accepting fee, gratuity etc. 29

Part 8—General 31

47 Delegation by the Secretary 31

48 Guidelines 31

49 Regulations 31

Part 9—Transitional provisions 34

51 Definition 34

52 General transitional provisions 34

53 Justices of the peace 34

54 Bail justices 34

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Endnotes 36

1 General information 36

2 Table of Amendments 38

3 Amendments Not in Operation 39

4 Explanatory details 40

Version No. 011

Honorary Justices Act 2014

No. 32 of 2014

Version incorporating amendments as at
28 October 2018

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to provide for the appointment of justices of the peace and bail justices, together to be known as honorary justices; and

(b) to specify requirements of honorary justices in relation to the provision of information and training; and

(d) to set out the procedures for the suspension or removal from office of honorary justices; and

(e) to provide for the use of titles by current and retired honorary justices; and

(f) to repeal Part 6 of the Magistrates' Court Act 1989.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 September 2014, it comes into operation on that day.

3 Definitions

In this Act—

bail justice means—

(a) a person appointed as a bail justice under section 14; or

(b) a person re-appointed as a bail justice under section 15; or

code of conduct means a code of conduct prescribed for the purposes of section 25;

honorary justice means—

(a) a justice of the peace; or

(b) a bail justice;

justice of the peace means a person appointed as a justice of the peace under section 7;

Secretary means the Secretary to the Department of Justice.

Part 2—Justices of the peace

Division 1—Powers of justices of the peace

4 Powers

(1) A justice of the peace may exercise—

(a) any power conferred on a justice of the peace by or under any Act; and

(b) any other power that he or she is authorised to exercise under any other law.

(2) A magistrate may exercise any power conferred on a justice of the peace by or under any Act.

(3) Any power conferred on a justice of the peace at common law is only exercisable by a magistrate.

5 Protection from liability

A justice of the peace is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the discharge of a duty as a justice of the peace; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty as a justice of the peace.

6 Public Administration Act 2004 does not apply

The Public Administration Act 2004 does not apply to a justice of the peace in respect of his or her capacity as a justice of the peace.

Division 2—Appointment of justices of the peace

7 Appointment

(1) The Governor in Council may appoint an eligible person to be a justice of the peace.

(2) A person is eligible for appointment as a justice of the peace if—

(a) the person is of or over the age of 18 years; and

(b) the person is an Australian citizen; and

(d) the Attorney-General is satisfied that the person—

(i) has satisfactorily completed the course of training prescribed for appointment as a justice of the peace; and

(ii) has sufficient proficiency in the English language to perform the duties of a justice of the peace; and

(iii) ordinarily resides in Victoria; and

(iv) is a fit and proper person to be appointed as a justice of the peace.

8 Oath of office

Before exercising any of the powers of a justice of the peace, a person appointed as a justice of the peace must take an oath or affirmation of office in the prescribed form and manner.

9 Validity of things done

Anything done by a justice of the peace in his or her capacity as a justice of the peace is not invalid only because of—

(a) a defect or irregularity in, or in connection with, the appointment of the justice of the peace; or

(b) the failure of the justice of the peace to take an oath or affirmation of office as required by section 8; or

10 Vacation of office

A person ceases to hold the office of justice of the peace if—

(a) the person resigns by written notice delivered to the Governor; or

(b) the person becomes insolvent under administration; or

(d) the person is removed from office in accordance with section 37.

Part 3—Bail justices

Division 1—Powers and functions of bail justices

11 Powers and functions

(1) A bail justice may perform any function and exercise any power conferred on a bail justice by or under any Act.

(2) A judge of the Supreme Court or the County Court or a magistrate may exercise any power conferred on a bail justice by or under any Act.

12 Protection from liability

A bail justice is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the discharge of a duty as a bail justice; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty as a bail justice.

13 Public Administration Act 2004 does not apply

The Public Administration Act 2004 does not apply to a bail justice in respect of his or her capacity as a bail justice.

Division 2—Appointment and re-appointment of bail justices

14 Appointment

(1) The Governor in Council may appoint an eligible person to be a bail justice.

(2) A person is eligible for appointment as a bail justice if—

(a) the person is of or over the age of 18 years; and

(b) the person is under the age of 70 years; and

(d) the person is not an insolvent under administration; and

(e) the Attorney-General is satisfied that the person—

(i) has satisfactorily completed the course of training prescribed for appointment as a bail justice; and

(ii) is fluent in the English language; and

(iii) ordinarily resides in Victoria; and

(iv) is a fit and proper person to be appointed as a bail justice.

15 Re-appointment

(1) Subject to subsection (2), the Governor in Council may re-appoint a person as a bail justice if—

(a) the person has held the office of bail justice within 2 years before being re-appointed; and

(b) the Attorney-General is satisfied that during the person's previous term as a bail justice—

(i) the person was reasonably available to be rostered for duty as a bail justice; and

(ii) when rostered for duty as a bail justice, the person was reasonably available to perform the duties of a bail justice.

(2) The Governor in Council must not re-appoint a person as a bail justice unless—

(a) the person is under the age of 75 years; and

(b) the person is an Australian citizen; and

(d) the Attorney-General is satisfied that the person—

(i) has satisfactorily completed the course of training prescribed for re‑appointment as a bail justice; and

(ii) is fluent in the English language; and

(iii) ordinarily resides in Victoria; and

(iv) is a fit and proper person to be re‑appointed as a bail justice.

16 Oath of office

Before exercising any of the powers of a bail justice, a person appointed or re-appointed as a bail justice must take an oath or affirmation of office in the prescribed form and manner.

17 Term of appointment

The appointment or re-appointment of a person under this Division is for the period ending on the earlier of—

(a) 30 November in the fourth calendar year after the calendar year in which the appointment was made; or

(b) the day on which the person attains 75 years of age.

Example

Person A is appointed as a bail justice on 10 May 2015 and Person B is appointed as a bail justice on 10 December 2015. The appointment of both person A and person B as a bail justice expires on 30 November 2019 assuming neither attains 75 years of age before that date.

18 Certain office-holders to be bail justices

(1) A person who holds a prescribed office is, by virtue of holding that office, a bail justice without the need for any appointment under this Act.

(2) Before exercising any of the powers of a bail justice for the first time, a person who is a bail justice by virtue of holding a prescribed office must—

(a) complete a course of training prescribed for the purposes of this section to the satisfaction of the Attorney-General; and

(b) take an oath or affirmation of office in the prescribed form and manner.

(3) A person who is a bail justice by virtue of holding a prescribed office is, while performing the duties of a bail justice, entitled to be paid the allowances fixed by the Governor in Council from time to time.

19 Validity of things done

Anything done by a bail justice in his or her capacity as a bail justice is not invalid only because of—

(a) a defect or irregularity in, or in connection with, the appointment or re-appointment of the bail justice; or

(b) the failure of the bail justice to take an oath or affirmation of office as required by section 16 or 18(2)(b); or

20 Vacation of office

A person ceases to hold the office of bail justice if—

(a) the person resigns by written notice delivered to the Governor; or

(b) the person becomes insolvent under administration; or

(c) in the case of a person appointed as a bail justice under section 14 or re-appointed as a bail justice under section 15—

S. 20(c)(i) amended by No. 21/2015 s. 3(Sch. 1 item 24.1).

(i) the term of appointment or re‑appointment expires; or

(ii) the person ceases to be an Australian citizen; or

(d) in the case of a person who holds the office of bail justice by virtue of holding another office—the person ceases to hold that other office; or

(e) the person is removed from office in accordance with section 37.

Part 4—Requirements of honorary justices

Division 1—Requirement of justices of the peace to provide certain information

21 Provision of information to the Secretary

(1) The Secretary may make a written request to a justice of the peace to provide to the Secretary information that the Secretary may reasonably require relating to one or more of the following—

(a) training or professional development that has been, or is proposed to be, undertaken by the justice of the peace;

(b) the name, residential address and contact details of the justice of the peace;

(c) the extent to which the justice of the peace has been, or proposes to be, available to perform the duties of a justice of the peace and the duties that have been, or are proposed to be, undertaken;

(d) the compliance of the justice of the peace with the requirements made by or under this or any other Act;

(e) any matter that the justice of the peace is required by this Act to report to the Secretary;

(f) any matter that may be a ground for removal or suspension of the justice of the peace;

(g) any other prescribed matter.

(2) A request by the Secretary under subsection (1) may be made to a justice of the peace—

(a) at any time if the Secretary reasonably believes that—

(i) the justice of the peace may have contravened a requirement made by or under this or any other Act; or

(ii) there may be grounds for the removal or suspension of the justice of the peace; or

(b) at any other time but not more than once every five years.

(3) A justice of the peace must provide information requested by the Secretary under subsection (1) within a reasonable time after the request is made.

Division 2—Requirements of honorary justices

22 Requirement to notify Secretary of change in circumstances

(1) Not later than 21 days after the occurrence of a change in his or her circumstances specified in subsection (2), an honorary justice must notify the Secretary in writing of that change.

(2) For the purposes of subsection (1), the following changes of circumstances must be notified—

(a) the honorary justice changes his or her name, residential address or contact details;

(b) the honorary justice ceases to be an Australian citizen;

(d) the honorary justice becomes insolvent under administration;

(e) the honorary justice has been charged with, or found guilty of—

(i) an offence punishable by a term of imprisonment of 6 months or more; or

(ii) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i);

(f) the honorary justice no longer has the physical or mental capacity to fulfil the duties of office;

(g) any other prescribed change of circumstances.

(3) An honorary justice to whom subsection (2)(e) applies must notify the Secretary of the outcome of the charge not later than 21 days after that outcome.

23 Requirement to undertake training or professional development

(1) An honorary justice must complete—

(a) any prescribed training or prescribed professional development; and

(b) any training that the Secretary directs in accordance with subsection (2).

(2) The Secretary may direct an honorary justice, or a class of honorary justices, to undertake training or professional development as specified in the direction.

24 Requirement to be reasonably available and active

(1) A justice of the peace must be reasonably available and reasonably active in the performance of his or her duties as a justice of the peace.

(2) A bail justice must—

(a) be reasonably available to be rostered for duty as a bail justice; and

(b) when rostered for duty as a bail justice, be reasonably available to perform the duties of a bail justice.

(3) Subsection (2) does not apply to a bail justice referred to in section 18.

25 Requirement to comply with code of conduct

(1) An honorary justice must comply with a prescribed code of conduct applying to all honorary justices.

(2) An honorary justice must comply with a code of conduct prescribed for the class of honorary justice to which the honorary justice belongs.

Part 5—Suspension and removal from office

26 Application of Part

This Part does not apply to a person who is a bail justice by virtue of holding a prescribed office referred to in section 18.

27 Suspension for failure to undertake training or professional development

(1) The Secretary may suspend an honorary justice from the office of justice of the peace or bail justice or both if—

(a) the Secretary believes that the honorary justice has unreasonably failed to undertake training or professional development in accordance with section 23; and

(b) the Secretary has given written notice of the proposed suspension in accordance with section 29.

(2) The Secretary's power to suspend under subsection (1) does not depend on—

(a) the existence of facts which would constitute grounds for removal of the honorary justice from office; or

(b) any matter referred to in section 28.

(3) The Secretary—

(a) must revoke a suspension under subsection (1) on being satisfied that the honorary justice has undertaken the training or professional development in accordance with section 23; and

(b) may revoke a suspension under subsection (1) if it is otherwise appropriate.

28 Suspension on other grounds

(1) Subject to subsection (2), the Secretary may suspend an honorary justice from the office of justice of the peace or bail justice or both if the Secretary is satisfied on reasonable grounds that—

(a) an investigation is warranted as to whether there are grounds for removal of the honorary justice from office; or

(b) the honorary justice is charged with an offence which, if the honorary justice were found guilty or convicted of that offence, could justify his or her removal from office.

(2) The Secretary must not suspend an honorary justice under subsection (1) unless satisfied that the suspension is required—

(a) to protect the administration of justice; or

(b) because public confidence in the office of justice of the peace or bail justice (as the case may be) may be damaged if the honorary justice is not suspended.

(3) Unless there are other grounds for the continuing suspension of the honorary justice, the Secretary must revoke a suspension if—

(a) the honorary justice was suspended on the ground of having been charged with one or more offences; and

(b) all the charges are dismissed.

29 Notice of suspension

(1) If the Secretary decides to suspend an honorary justice from the office of justice of the peace or bail justice, the Secretary must give written notice of the suspension to the honorary justice specifying—

(a) the grounds of suspension; and

(b) the date on which the suspension is to take effect.

(2) In the case of a proposed suspension under section 27, the date specified in the notice as the date on which the suspension is to take effect must be at least 21 days after the date of the notice.

30 Suspension of honorary justice

(1) The suspension of the honorary justice takes effect on the date specified in the notice given under section 29.

(2) While suspended, the honorary justice must not exercise or purport to exercise—

(a) any of the powers of the office from which the honorary justice has been suspended; or

(b) any other power that the honorary justice has by virtue of holding the office from which he or she has been suspended.

31 Appointment of investigator

(1) If the Secretary is satisfied on reasonable grounds that an investigation is warranted as to whether there are grounds for removal of an honorary justice from the office of justice of the peace or bail justice or both, the Secretary may appoint an investigator to undertake an investigation into the honorary justice's conduct.

(2) The Secretary may appoint an investigator under subsection (1) whether or not the honorary justice is suspended under section 28(1).

(3) An investigator appointed under subsection (1) must be a person who has served as a judicial officer in Victoria or another Australian jurisdiction.

32 Investigation

(1) An investigator appointed by the Secretary under section 31 to undertake the investigation of the conduct of an honorary justice must—

(a) investigate whether there are grounds for removal of the honorary justice from office; and

(b) report to the Attorney-General the investigator's findings as to whether facts exist which could constitute grounds for removal of the honorary justice from office.

(2) Before commencing the investigation, the investigator must give the honorary justice written notice stating—

(a) the reason for the investigation; and

(b) that, not later than 21 days after being given the notice, the honorary justice may respond to the investigator, either orally or in writing or both, with respect to the matters contained in the notice.

(3) The time in which the honorary justice may respond to the investigator may be extended by agreement between the honorary justice and the investigator.

(4) The investigator must not make a report of his or her findings to the Attorney-General unless—

(a) the investigator has received and considered a written or oral response from the honorary justice in respect of the matters contained in the notice given under subsection (2); or

(b) the investigator has not received from the honorary justice a written or oral response from the honorary justice within 21 days after being given the notice or within such other period as agreed between the investigator and the honorary justice.

33 Grounds for removal

For the purposes of this Part, the grounds for removal of an honorary justice from the office are—

(a) the honorary justice has committed serious or repeated breaches of the code of conduct that applies to the honorary justice; or

(b) the honorary justice has unreasonably failed to comply with a direction by the Secretary under section 23(2) to undertake training or professional development; or

(c) the honorary justice has unreasonably failed to comply with a direction or request of the Secretary authorised by this Act; or

(d) the honorary justice has failed to carry out his or her duties; or

(e) the honorary justice has unreasonably failed to comply with any other requirement under this Act; or

(f) the honorary justice has been found guilty or convicted of—

(i) an offence punishable by a term of imprisonment of 6 months or more; or

(ii) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i); or

(g) the honorary justice no longer has the physical or mental capacity to discharge the duties of office; or

(h) the honorary justice has engaged in misconduct or misbehaviour sufficient to justify removal (whether or not the conduct or behaviour was engaged in by the honorary justice while holding office); or

(i) the honorary justice has brought the office of justice of the peace or bail justice into disrepute (whether or not the honorary justice did so while holding office); or

(j) the honorary justice is not ordinarily resident in Victoria.

34 Recommendation that honorary justice be removed from office

(1) The Attorney-General may recommend to the Governor in Council that an honorary justice be removed from office if—

(a) the Attorney-General receives a report from an investigator which includes the investigator's findings that facts exist which could constitute grounds for removal of the honorary justice from office; or

(b) the honorary justice has been found guilty or convicted of—

(i) an offence punishable by a term of imprisonment of 6 months or more; or

(ii) an offence, that if committed in Victoria, would constitute an offence referred to in subparagraph (i).

(2) If the Attorney-General decides not to recommend the removal of the honorary justice—

(a) the Attorney-General must notify the Secretary of the decision as soon as practicable after the decision is made; and

(b) if the honorary justice is suspended from office under section 28(1), the Secretary must revoke the suspension.

35 Findings that facts do not exist which could constitute grounds for removal

(1) If an honorary justice has been suspended from office under section 28(1)(a) before or during an investigation of his or her conduct under section 32 and the report of the investigator includes the investigator's findings that facts do not exist which could constitute grounds for removal of the honorary justice from office—

(a) the investigator must provide a copy of the report to the Secretary; and

(b) the Secretary must revoke the suspension of the honorary justice.

(2) If an investigator has found facts do not exist which could constitute grounds for removal of an honorary justice from office, the investigator may include in his or her report to the Attorney-General recommendations in relation to the honorary justice.

(3) Recommendations included in the report of an investigator may include one or more of the following—

(a) that the honorary justice apologise;

(b) that the honorary justice undertake training or professional development;

36 Notification to honorary justice of revoking of suspension

(1) If the suspension of an honorary justice is revoked under section 27(3), 28(3), 34(2)(b) or 35(1)(b), the Secretary must give written notice to the honorary justice stating—

(a) that the suspension has been revoked; and

(b) the date on which the revocation takes effect.

(2) The revocation of a suspension takes effect on the date specified in the notice.

37 Removal from office

(1) The Governor in Council may remove an honorary justice from the office of justice of the peace or bail justice or both on the recommendation of the Attorney-General under section 34 but not otherwise.

(2) Notice of the removal of an honorary justice from office specifying the date of removal must be published in the Government Gazette.

38 Re-appointment after removal

A person who is removed from the office of justice of the peace or bail justice must not be appointed or re-appointed as a justice of the peace or bail justice within 5 years after the date on which the person was removed from that office.

Part 6—Use of titles

39 Use of title by person holding office

(1) A person holding the office of justice of the peace may use the title "Justice of the Peace" or use the letters "JP" after the person's name.

(2) A person holding the office of bail justice may use the title "Bail Justice" or use the letters "BJ" after the person's name.

40 Permission for retired person to use title

(1) An application may be made to the Secretary by or on behalf of a person for permission—

(a) to use the title "JP (Retired)" after the name of the person; or

(b) to use the title "BJ (Retired)" after the name of the person.

S. 40(2) repealed by No. 48/2018 s. 61.

(3) Subject to subsection (5), the Secretary may grant the permission if the person has ceased to hold office as a justice of the peace or a bail justice (as the case may be) and either—

(a) the person performed 20 years of service as a justice of the peace or bail justice (as the case may be); or

(b) the person performed 10 years of service as a justice of the peace or bail justice (as the case may be) and—

(i) at the time the person ceased to hold the office of justice of the peace or bail justice (as the case may be), the person was of or over the age of 75 years; or

(ii) the person ceased to hold the office of justice of the peace or bail justice (as the case may be) on the grounds of ill‑health.

(4) For the purposes of subsection (3), the period of service as a justice of the peace or bail justice need not be continuous.

(5) The Secretary must not grant the permission if—

(a) the person was removed from office under section 37; or

(b) the person is an insolvent under administration; or

S. 40A inserted by No. 48/2018 s. 62.

40A Use of retirement titles by persons who retired before this Act commenced

(1) Section 40 applies to a person who held, and had ceased to hold, the office of bail justice before 1 September 2014 in the same way that it applies to a bail justice—

(a) appointed under section 14; or

(b) re-appointed under section 15; or

(2) Section 40 applies to a person who held, and had ceased to hold, the office of justice of the peace before 1 September 2014 in the same way that it applies to a justice of the peace appointed under section 7.

(3) For the purposes of subsections (1) and (2), a reference in section 40 to the office of, or service as, a bail justice or justice of the peace is taken to include a reference to that office or service before 1 September 2014.

41 Requirements applying to retired person permitted to use title

(1) A person who is granted permission under section 40 to use the title "JP (Retired)" or "BJ (Retired)" after his or her name—

(a) must not exercise any of the powers of a justice of the peace or a bail justice if the person has retired from that office; and

(b) not later than 21 days after the occurrence of a change in his or her circumstances specified in subsection (2), must notify the Secretary in writing of that change.

(2) For the purposes of subsection (1)(b), the following changes of circumstances must be notified—

(a) the person becomes insolvent under administration;

(b) the person has been convicted or found guilty of—

(i) an offence punishable by a term of imprisonment of 6 months or more; or

(ii) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i).

42 Cessation or revocation of permission to use title

(1) A person's permission to use the title "JP (Retired)" or "BJ (Retired)" ceases on—

(a) the Attorney-General being notified in writing by the person that the person no longer wishes to use the title; or

(b) the person becoming an insolvent under administration.

(2) Subject to subsection (3), permission to use the title "JP (Retired)" or "BJ (Retired)" granted under section 40 may be revoked by the Attorney-General on one or more of the following grounds—

(a) the person has been convicted or found guilty of—

(i) an offence punishable by a term of imprisonment of 6 months or more; or

(ii) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i);

(b) the person's use of the title or other behaviour is such that the continued use of the title by the person could bring the office of justice of the peace or bail justice (as the case may be) into disrepute;

(3) The Attorney-General must not revoke the permission of a person to use the title "JP (Retired)" or "BJ (Retired)" (as the case may be) unless an investigator appointed by the Secretary to investigate the conduct of the person has found that facts exist which could constitute grounds for revoking the permission.

(4) Section 32, with the necessary changes, applies to an investigation conducted by an investigator appointed under subsection (3).

Part 7—Offences

43 Impersonating honorary justice

(1) A person who is not a justice of the peace must not in any way hold himself or herself out to be a justice of the peace.

Penalty: Imprisonment for 6 months.

(2) A person who is not a bail justice must not in any way hold himself or herself out to be a bail justice.

Penalty: Imprisonment for 6 months.

44 Use of title without authorisation

A person must not use the title "JP (Retired)" or "BJ (Retired)" unless—

(a) the person is permitted under this Act to use the title; or

(b) the person is otherwise authorised under the laws of the Commonwealth, another State, a Territory or another country to use the title.

Penalty: 10 penalty units.

45 False or misleading information

(1) This section applies to information provided by a person—

(a) to the Secretary or the Attorney-General in relation to—

(i) an application by the person to be appointed or re-appointed as a justice of the peace or bail justice; or

(ii) the person's capacity as a justice of the peace or bail justice; or

(iii) any change of circumstances required to be notified by section 22 or 41; or

(b) to an investigator appointed under section 31(1) or 42(3) to investigate the conduct of the person.

(2) The person must not provide information that is false or misleading—

(a) knowing that the information is false or misleading; or

(b) being reckless as to whether the information is false or misleading.

Penalty: Imprisonment for 6 months.

(3) Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence against subsection (2) may be commenced any time within 3 years after the commission of the alleged offence.

46 Demanding, taking or accepting fee, gratuity etc.

(1) A justice of the peace must not demand, take or accept from any person any fee, gratuity, patronage or reward for carrying out the duties of a justice of the peace.

Penalty: Imprisonment for 12 months.

(2) Subject to subsection (3), a bail justice must not demand, take or accept from any person any fee, gratuity, patronage or reward for carrying out the duties of a bail justice.

Penalty: Imprisonment for 12 months.

(3) Subsection (2) does not apply to—

(a) an honorarium or allowances paid by the State to a bail justice in relation to his or her activities as a bail justice; or

(b) in the case of a person referred to in section 18 who is a bail justice by virtue of holding a prescribed office—the remuneration paid to the person in respect of the prescribed office.

S. 46(4) amended by No. 21/2015 s. 3(Sch. 1 item 24.2).

(4) For the purposes of subsections (1) and (2), it is immaterial whether the fee, gratuity, patronage or reward is paid to the justice of the peace or bail justice or to another person or whether the justice of the peace or bail justice personally benefits from the fee, gratuity, patronage or reward.

Part 8—General

47 Delegation by the Secretary

The Secretary may by instrument delegate any power, function or duty of the Secretary under this Act or the regulations made under this Act, other than this power of delegation, to any employee or class of employees employed under Part 3 of the Public Administration Act 2004.

48 Guidelines

(1) The Secretary may make guidelines for or with respect to any matter relating to honorary justices including the following—

(a) the process relating to the appointment of honorary justices;

(b) the manner in which honorary justices are to exercise their powers;

(d) the use of titles by retired honorary justices.

(2) The Secretary may from time to time amend or revoke any guidelines made under subsection (1).

49 Regulations

(1) The Governor in Council may make regulations for or with respect to the following—

(a) a code of conduct applying to all honorary justices or to a class of honorary justices that includes, but is not limited to, the following matters—

(i) the use of titles;

(ii) conflicts of interest;

(iii) competency and knowledge requirements;

(iv) the confidentiality of information gained by an honorary justice in the course of carrying out his or her functions as an honorary justice;

(v) the requirement to be reasonably available and active;

(b) courses of training or professional development to be completed by any of the following—

(i) a person seeking to be appointed as an honorary justice;

(ii) a person seeking to be re-appointed as a bail justice;

(iii) a person appointed to the office of justice of the peace or bail justice;

(iv) a person who is a bail justice by virtue of holding a prescribed office;

(d) the form and manner of the oath or affirmation of office that is to be taken by an honorary justice;

(e) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstances; and

(i) in accordance with specified standards or specified requirements; or

(ii) approved by or to the satisfaction of a specified person or body or class of persons or bodies; or

(iii) as specified in both subparagraphs (i) and (ii); and

(d) confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies; and

(e) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person; and

(f) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations whether unconditionally or on specified conditions and either wholly or to such an extent as specified.

S. 50 repealed by No. 32/2014 s. 50(4).

Part 9—Transitional provisions

51 Definition

In this Part—

commencement day means the day on which section 55 comes into operation.

52 General transitional provisions

(1) This Part does not affect or take away from the Interpretation of Legislation Act 1984.

(2) This Part applies despite anything to the contrary in any other provision of this Act.

53 Justices of the peace

(1) The appointment of a person as a justice of the peace that is in force immediately before the commencement day is, on and after that day, taken to be an appointment under section 7 and continues until the person ceases to hold office under section 10.

S. 53(2) amended by No. 21/2015 s. 3(Sch. 1 item 24.3).

(2) A person who, immediately before the commencement day, holds the office of justice of the peace under section 115(5)(b) of the Magistrates' Court Act 1989 is, on and after that day, taken to be appointed under section 7 and continues to hold that office for the period of 12 months from that day unless the person ceases to hold office under section 10.

(3) Section 24 does not apply to a person referred to in subsection (2).

54 Bail justices

(1) The appointment, or re-appointment, of a person as a bail justice that is in force immediately before the commencement day is, on and after that day, taken to be an appointment under section 14 and continues for the remainder of the term of the original appointment or re-appointment unless the person ceases to hold office under section 20.

(2) A person who, immediately before the commencement day, holds office as an acting bail justice is, on and after that day, taken to hold office as a bail justice until the earlier of—

(a) the day on which the person attains the age of 75 years; or

(b) the person ceases to hold office under section 20.

Pt 10 (Heading and ss 55–59) repealed by No. 32/2014 s. 59.

═══════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 19 February 2014

Legislative Council: 3 April 2014

The long title for the Bill for this Act was "A Bill for an Act to provide for the appointment of justices of the peace and bail justices, together to be known as honorary justices, the use of titles by current and retired honorary justices and other matters relating to honorary justices and for other purposes."

The Honorary Justices Act 2014 was assented to on 13 May 2014 and came into operation on 1 September 2014: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Honorary Justices Act 2014 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Honorary Justices Act 2014, No. 32/2014

Assent Date:	13.5.14
Commencement Date:	Ss 50(4), 59 on 1.9.14: s. 2(2)
Note:	S. 59 repealed Pt 10 (ss 55–59) on 1.9.15; s. 50(4) repealed s. 50 on 1.9.16
Current State:	This information relates only to the provision/s amending the Honorary Justices Act 2014

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 24) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Honorary Justices Act 2014

Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018

Assent Date:	25.9.18
Commencement Date:	Ss 61, 62 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1
Current State:	This information relates only to the provision/s amending the Honorary Justices Act 2014

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4 Explanatory details

No entries at date of publication.

1 Honorary Justices Act 2014

Version No. 011

Honorary Justices Act 2014

No. 32 of 2014

Version incorporating amendments as at
28 October 2018

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

Part 2—Justices of the peace 3

Division 1—Powers of justices of the peace 3

4 Powers 3

5 Protection from liability 3

6 Public Administration Act 2004 does not apply 3

Division 2—Appointment of justices of the peace 4

7 Appointment 4

8 Oath of office 4

9 Validity of things done 5

10 Vacation of office 5

Part 3—Bail justices 6

Division 1—Powers and functions of bail justices 6

11 Powers and functions 6

12 Protection from liability 6

13 Public Administration Act 2004 does not apply 6

Division 2—Appointment and re-appointment of bail justices 6

14 Appointment 6

15 Re-appointment 7

16 Oath of office 8

17 Term of appointment 8

18 Certain office-holders to be bail justices 9

19 Validity of things done 9

20 Vacation of office 10

Part 4—Requirements of honorary justices 11

Division 1—Requirement of justices of the peace to provide certain information 11

21 Provision of information to the Secretary 11

Division 2—Requirements of honorary justices 12

22 Requirement to notify Secretary of change in circumstances 12

23 Requirement to undertake training or professional development 13

24 Requirement to be reasonably available and active 13

25 Requirement to comply with code of conduct 14

Part 5—Suspension and removal from office 15

26 Application of Part 15

27 Suspension for failure to undertake training or professional development 15

28 Suspension on other grounds 16

29 Notice of suspension 17

30 Suspension of honorary justice 17

31 Appointment of investigator 17

Honorary justice (s 3). The Act defines a single umbrella category "honorary justice" to include both a justice of the peace and a bail justice (s 3, definition). This definition drives a unified regulatory regime: training, codes of conduct, suspension and removal mechanics, information obligations, and offences apply to the class as a whole unless the text specifies otherwise.

Appointment and eligibility (ss 7, 14, 15). The Governor in Council makes appointments, but the Attorney‑General must be satisfied about a set of eligibility criteria before appointment or re‑appointment. For JPs, eligibility includes being 18 or older, an Australian citizen, not insolvent under administration, satisfactory completion of prescribed training, sufficient English proficiency, ordinarily resident in Victoria, and being a fit and proper person (s 7(2)). For bail justices the criteria are similar but include an upper age limit for initial appointment under 70 and a requirement to be "fluent" in English (s 14(2)). Re‑appointment of bail justices requires that the applicant has held the office within two years prior and was reasonably available while rostered (s 15(1)); re‑appointment cannot occur if the person is 75 or over (s 15(2)(a)).

Formalities and validation (ss 8, 16, 9, 19). Before exercising powers, appointees must take an oath or affirmation in the prescribed form and manner (ss 8, 16). The Act protects the validity of acts done by JPs and BJs against defects or irregularities in appointment, failure to take the oath, or even suspension at the relevant time (ss 9, 19).

Powers, liability protection and non‑application of PAA (ss 4, 5, 6, 11, 12, 13). JPs and BJs may exercise powers conferred by or under any Act, subject to the statutory limitation that common law JP powers are exercisable only by a magistrate (s 4(3)). Both roles are protected from personal liability for acts or omissions done in good faith in the exercise of office powers (ss 5, 12). The Act states explicitly that the Public Administration Act 2004 does not apply to these officers in respect of their capacity as JPs or bail justices (ss 6, 13).

Administrative oversight and requirements (ss 21-25). The Secretary may request information from JPs relating to training, contact details, availability, compliance, and matters that may be grounds for removal (s 21). JPs must respond within a reasonable time; requests may be made at any time when the Secretary reasonably believes a contravention may have occurred, otherwise not more than once every five years (s 21(2)-(3)). Honorary justices must notify the Secretary within 21 days of specified changes of circumstance, including loss of citizenship, insolvency, change of residence, being charged with or convicted of relevant offences, and physical or mental incapacity (s 22). The Secretary can require training or professional development and direct a class of honorary justices to undertake specified training (s 23). Honorary justices must be "reasonably available and reasonably active" (s 24) and must comply with prescribed codes of conduct (s 25). Regulations may define code content and training requirements (s 49).

Suspension, investigation and removal (ss 26-38). Part 5 lays out suspension (ss 27-30), investigative appointment and procedure (ss 31-36), grounds for removal (s 33), the Attorney‑General's recommendation as the precondition for removal by Governor in Council (s 34), publication of removal in the Gazette (s 37(2)), and a prohibition on re‑appointment for five years following removal (s 38). The Secretary may suspend for failure to undertake required training (s 27) or, on reasonable grounds, where an investigation is warranted or charges have been laid (s 28). Investigators must be persons who have served as judicial officers in Victoria or another Australian jurisdiction (s 31(3)); they must afford the honorary justice an opportunity to respond within 21 days and may only report to the Attorney‑General after receiving or waiting for that response (s 32).

Use of titles (ss 39-42). Office‑holders may use "Justice of the Peace" or "JP" and "Bail Justice" or "BJ" (s 39). Retired office‑holders may apply to the Secretary to use the retirement title "JP (Retired)" or "BJ (Retired)" and eligibility depends on specified years of service or age and ill health exemptions (s 40). Permission can be revoked by the Attorney‑General, but only after an investigator appointed by the Secretary finds facts which could justify revocation (s 42(2)-(4)).

Offences and penalties (Part 7). The Act criminalises impersonation (s 43, imprisonment 6 months), unauthorised use of retirement titles (s 44, penalty units), providing false or misleading information to the Secretary or an investigator in certain contexts (s 45, imprisonment 6 months and a three‑year time limit for commencing proceedings under s 45(3)), and demanding or accepting fees for official duties (s 46, imprisonment 12 months), while preserving state honoraria or remuneration exceptions for certain bail justices (s 46(3)).

Delegation, guidelines, regulations and transition (ss 47-54). The Secretary may delegate powers to suitable employees (s 47), make guidelines (s 48) and the Governor in Council may make regulations to prescribe codes, training courses, prescribed offices that confer bail justice status by virtue of office, and the oath form (s 49). Transitional provisions preserve pre‑existing appointments as statutory appointments under the new Act (Part 9, ss 52-54).

Primary office‑holders. The Act directly regulates three groups: those appointed as justices of the peace under s 7, those appointed or re‑appointed as bail justices under ss 14-15, and those who are bail justices by virtue of holding a prescribed office under s 18. The latter group is explicitly excluded from Part 5 (s 26) so the suspension and removal procedures do not apply to them. All honorary justices are subject to the Act’s requirements for notification, training, availability and codes of conduct unless a provision specifically exempts them.

Prospective applicants and retiree applicants. Persons seeking appointment must satisfy the Attorney‑General on eligibility criteria (ss 7(2), 14(2)). Those seeking permission to use retired titles must apply to the Secretary and satisfy the service and fitness criteria (s 40). The Act places documentary and training obligations on applicants and retiring office‑holders: applicants must complete prescribed courses and take the oath before exercising office (ss 7(2)(d)(i), 8, 16); retirees must notify the Secretary of specified post‑retirement changes within 21 days and may have permission revoked after an investigation (ss 41-42).

State actors and decision-makers. The Act centralises operational control with the Secretary to the Department of Justice and political/legal oversight with the Attorney‑General and the Governor in Council. The Secretary may request information (s 21), direct training (s 23(2)), suspend temporarily (ss 27-30), appoint investigators (s 31), make guidelines (s 48), and delegate to employees (s 47). The Attorney‑General must be satisfied about appointment eligibility (ss 7(2)(d), 14(2)(e)) and is the decision‑maker who may recommend removal to the Governor in Council (s 34). The Governor in Council makes appointments and removals (ss 7(1), 14(1), 37(1)).

Courts and magistrates. The Act affects courts by clarifying lines of authority: magistrates and judges may exercise powers conferred on JPs or BJs by or under any Act (s 4(2), s 11(2)), and common law powers attributed to JPs are reserved to magistrates (s 4(3)). The Act also validates actions taken by honorary justices despite appointment defects (ss 9, 19), reducing litigation risk concerning the validity of prior acts.

Members of the public. The public interacts with honorary justices for many administrative and court‑adjacent functions. Offences such as impersonation (s 43), misuse of retirement titles (s 44), false information (s 45), and fee taking (s 46) protect members of the public using services provided by honorary justices. The Act’s supervisory provisions, codes, training and availability requirements are targeted to protect public confidence and the administration of justice (ss 23-25, 27(2)(a)-(b)).

Employers and bodies that confer prescribed offices. Employers whose office‑holders are designated as bail justices under s 18 should note that those office‑holders acquire bail justice status by virtue of office and are subject to certain requirements in s 18(2) (training and oath) and entitled to allowances while performing bail duties (s 18(3)). The Act also gives the Governor in Council power to prescribe which offices confer bail justice status through regulations (s 49(c)), so organisations should monitor regulation changes.

Regulatory and prosecutorial agencies. Police, prosecutors and regulatory bodies enforce criminal provisions (Part 7) and may be involved when the Secretary suspends or an investigator reports facts that could constitute grounds for removal (ss 28, 31-34). The Attorney‑General’s office handles the recommendation for removal to the Governor in Council (s 34).

Indirectly affected groups. The Act affects organisations relying on JPs or BJs for administrative processes (for example, community organisations, legal practices requiring witnessing, and courts using bail justices for bail decisions). Changes in availability obligations (s 24) and Secretary directions on training (s 23) influence the supply and competency of honorary justices and thus may affect access to services that require JP or BJ involvement.

Duties created by statute. The Act imposes express duties on honorary justices to supply information, notify changes, be available, undertake training, and comply with codes of conduct:

Provide information to the Secretary where reasonably required (s 21). The Secretary can request information at any time if there is a reasonable belief of contravention or grounds for removal, otherwise not more than once every five years (s 21(2)). The justice must respond within a reasonable time (s 21(3)).
Notify the Secretary within 21 days of specified changes in circumstances: name, address, citizenship status, residency, insolvency, relevant charges or convictions, physical or mental incapacity, and other prescribed matters (s 22).
Complete prescribed training and any training the Secretary directs (s 23). The Secretary may direct a class of honorary justices to undertake specified training (s 23(2)).
Be reasonably available and reasonably active in performing duties (s 24). Specifically, bail justices must be reasonably available to be rostered and, when rostered, reasonably available to perform duties (s 24(2)). Section 24(3) exempts bail justices by virtue of holding a prescribed office under s 18.
Comply with the prescribed code of conduct applying to all honorary justices and any class‑specific code (s 25).

Rights and protections afforded. The Act grants office‑holders certain protections and procedural rights:

Protection from personal liability for acts or omissions done in good faith in the exercise or discharge of public duties or in the reasonable belief that the act was within powers (ss 5, 12).
Validation of acts done despite defects in appointment, failure to take the oath, or suspension at the time (ss 9, 19). This protects office‑holders and third parties relying on their acts.
Procedural rights in investigations: an investigator must give written notice of reasons, and the honorary justice has at least 21 days to respond orally or in writing; the investigator must consider any response prior to reporting to the Attorney‑General (s 32(2)-(4)). Where a suspension results from pending charges, revocation is required if all charges are dismissed (s 28(3)).
Delegation and administrative support: the Secretary may delegate functions to suitably employed staff (s 47), and may issue guidelines (s 48) explaining processes such as handling complaints, appointment procedures, and use of titles.

Administrative discretions that shape duties and rights. Key powers rest with the Secretary and the Attorney‑General, which shape operational duties:

The Secretary may suspend for failure to undertake training (s 27) or where investigation/charges make suspension appropriate to protect the administration of justice or public confidence (s 28(1)-(2)). Suspension requires notice and takes effect on a specified date (ss 29-30).
The Attorney‑General must be satisfied of statutory eligibility criteria for appointments and re‑appointments (ss 7(2)(d), 14(2)(e), 15(2)(d)), and the Attorney‑General’s recommendation to the Governor in Council is necessary for removal (s 34). The Attorney‑General also decides whether to recommend removal after receiving an investigator’s report (s 34(1)).

Obligations carrying criminal penalties. Some duties are backed by criminal offences and penalties:

Impersonation (s 43) prohibits unqualified persons from holding themselves out as a JP or BJ, punishable by imprisonment up to six months.
Unauthorised use of retirement titles (s 44) carries a monetary penalty.
Providing false or misleading information to the Secretary or an investigator when applying for appointment or in relation to capacity or changes of circumstance is a criminal offence with imprisonment up to six months (s 45). Proceedings for this offence may be commenced within three years (s 45(3)).
Demanding, taking or accepting fees, gratuities or rewards for performing JP or BJ duties is a criminal offence with imprisonment up to 12 months, though state honoraria and certain remuneration are excluded for bail justices (s 46(1)-(3)).

Limits and qualifications. The Act also sets limits on office‑holders’ actions and tenure:

JPs and BJs are required to be Australian citizens and ordinarily resident in Victoria (ss 7(2)(b), 7(2)(d)(iii), 14(2)(c), 14(2)(e)(iii)), and insolvent persons are excluded from holding office (ss 7(2)(c), 14(2)(d)).
Bail justices face age constraints: initial appointment requires being under 70 years (s 14(2)(b)), re‑appointment is not permitted for those 75 or older (s 15(2)(a)), and a term ends on the earlier of 30 November in the fourth calendar year after appointment or the person attaining 75 (s 17).
The Secretary may suspend, and the Governor in Council may remove only on Attorney‑General recommendation, creating checks between administrative and executive functions (ss 27-37).

Criminal offences and maximum penalties. The Act creates a small set of criminal offences with specified maximum punishments:

Impersonation: A person who is not a justice of the peace must not hold themselves out as one; the same prohibition applies to bail justices (s 43). Penalty for each impersonation offence is imprisonment for six months.
Use of retirement titles without authorisation: Using "JP (Retired)" or "BJ (Retired)" without permission under the Act or other legal authorisation is an offence carrying a penalty of 10 penalty units (s 44).
False or misleading information: Providing false or misleading information to the Secretary or Attorney‑General in the context of appointment/re‑appointment, capacity as an honorary justice, required change notifications, or to an investigator is an offence where the person knows the information is false or is reckless as to its falsity. The maximum penalty is imprisonment for six months and proceedings may be commenced within three years despite s 7 of the Criminal Procedure Act 2009 (s 45(1)-(3)).
Demanding or accepting fees: JPs must not demand, take or accept any fee, gratuity, patronage or reward for performing duties as a justice of the peace (s 46(1)). Bail justices are subject to the same prohibition subject to express exceptions (s 46(2)-(3)). Penalty is imprisonment for 12 months; the prohibition applies regardless of whether the payment is made to the office‑holder personally or to another person (s 46(4)).

Administrative enforcement mechanisms. The Act relies substantially on administrative enforcement rather than criminal enforcement alone:

Suspension: The Secretary may suspend an honorary justice for failure to undertake training or professional development ordered under s 23 (s 27). The Secretary may also suspend on other grounds where an investigation is warranted or charges have been laid but only where suspension is required to protect the administration of justice or public confidence (s 28(1)-(2)). Suspensions must be notified in writing specifying grounds and effective date (s 29), and the suspended officer must not exercise powers of the office during suspension (s 30).
Investigation: The Secretary may appoint an investigator (s 31). Investigators must be former judicial officers (s 31(3)), must give notice to the honorary justice, provide at least 21 days to respond, and may only report to the Attorney‑General after receiving and considering any response or after expiry of the response period (s 32). If an investigator finds no facts that could constitute grounds for removal, the Secretary must revoke suspension (s 35(1)).
Removal: The Attorney‑General may recommend removal where an investigator reports facts that could constitute grounds for removal or where the honorary justice has been convicted of specified offences (s 34(1)). The Governor in Council may remove only on Attorney‑General recommendation (s 37(1)); removal must be published in the Government Gazette (s 37(2)). A removed person cannot be re‑appointed within five years (s 38).

Procedural safeguards and timelines. The Act includes procedural protections for the subject of an investigation:

Investigators must give written notice of the reason for investigation and allow at least 21 days to respond orally or in writing, with extension by agreement (s 32(2)-(3)). The investigator must consider any response before reporting (s 32(4)).
Where suspension is based on charges, the Secretary must revoke suspension if charges are dismissed (s 28(3)).
Where an investigator finds facts do not exist which could constitute grounds for removal, the investigator must provide a copy of the report to the Secretary and the Secretary must revoke any suspension (s 35(1)).

Regulatory and administrative enforcement. The Governor in Council retains making regulations to frame codes of conduct, training, and prescribed offices (s 49), and the Secretary may make guidelines (s 48). These instruments will shape what behaviour triggers administrative action and the content of codes that can give rise to "serious or repeated" breaches for removal under s 33(a). The Secretary may delegate many functions to employees under the Public Administration Act employment framework (s 47), which affects who executes enforcement tasks.

Prosecutorial considerations. The Act creates criminal offences that will be prosecuted under normal criminal processes. Section 45(3) expressly modifies limitation rules for false information offences to permit proceedings within three years. The Act does not create a private right of action for removal or suspension; administrative remedies and executive decisions are the primary enforcement path for most non‑criminal breaches.

Publication and reputational effect. Removal must be published in the Government Gazette (s 37(2)), which is a public record and will have reputational consequences beyond criminal conviction or administrative sanction. Additionally, permissions to use retirement titles may be revoked by the Attorney‑General after an investigator’s finding (s 42), giving a separate channel for reputational enforcement for retired office‑holders.

Interaction with Magistrates' Court Act 1989. The Act expressly repealed Part 6 of the Magistrates' Court Act 1989 (s 1(f) and notes in the long title), and transitional provisions convert existing appointments under the Magistrates' Court Act into appointments under the Honorary Justices Act at commencement (Part 9, ss 53-54). The Act therefore replaces any earlier statutory regime under that former Part.

Public Administration Act 2004. The Act states that the Public Administration Act 2004 does not apply to justices of the peace and to bail justices in respect of their capacity as JPs or BJs (ss 6, 13). That express non‑application narrows the suite of obligations, protections or procedural rules that would otherwise attach under the PAA, at least insofar as they would apply "in respect of" the office‑holder’s capacity under the Honorary Justices Act. Practitioners should therefore not assume PAA processes or protections necessarily apply to acts taken in the capacity as an honorary justice.

Criminal Procedure Act 2009. Section 45(3) makes a specific modification to the general limitation rule in s 7 of the Criminal Procedure Act 2009 by allowing proceedings for the false or misleading information offence to be commenced any time within three years after the alleged offence. The Act thus creates a bespoke prosecutorial window for that offence different from ordinary limitations that might apply elsewhere.

Regulations and delegated instruments. The Governor in Council may make regulations under s 49 to prescribe codes of conduct, training courses, prescribed offices that confer bail justice status, the form of oaths, and other matters necessary to give effect to the Act. Regulations may differ by time, place or class and may leave subsidiary details to be determined by specified persons or bodies (s 49(2)). Guidelines made by the Secretary under s 48 (which may be amended or revoked under s 48(2)) will interact operationally with the regulations, shaping practice around appointment, exercise of powers, handling of complaints and use of titles.

Common law and other statutory powers. The Act permits a justice of the peace to exercise any power conferred by or under any Act (s 4(1)) and a bail justice similarly (s 11(1)). The Act preserves the rule that common law powers conferred on JPs are exercisable only by a magistrate (s 4(3)). It also allows judges and magistrates to exercise powers conferred on JPs and BJs (s 4(2), s 11(2)), which creates functional overlap between these offices and the courts.

Administrative law and judicial review. The Act grants broad administrative discretions to the Secretary and the Attorney‑General (for example, suspensions, appointment of investigators, and recommendations for removal). Those exercise points will be subject to general administrative law principles and judicial review remedies outside the Act where procedural fairness, reasonableness or statutory limits are in issue. The Act does not specify internal review mechanisms for many decisions, though procedural safeguards exist for investigations (s 32). The Secretary’s delegation power (s 47) may also shape how administrative decisions are executed and by whom.

Other Commonwealth and external jurisdictions. The Act contemplates that a person may be disqualified for conduct that would have amounted to an offence if committed in Victoria: several provisions refer to offences that, if committed outside Victoria, would correspond to specified Victorian offences (see s 22(2)(e)(ii), s 33(f)(ii), s 42(2)(a)(ii)). The Act therefore incorporates cross‑jurisdictional conduct into its fitness and removal standards.

Transitional statutory rules. Part 9 (ss 52-54) ensures continuity of appointments in force immediately before commencement day, treating them as appointments under the new Act for the period permitted (s 53(1), s 54(1)). Practitioners dealing with appointments in the transitional period must read those provisions to determine continuity, particularly in relation to training and availability obligations that may be phased in.

The Act as provided includes an explicit table of amendments and endnotes. Major recorded amendments and legislative updates incorporated into the version are:

Statute Law Revision Act 2015 (No. 21/2015). Assent 16 June 2015; commenced 1 August 2015 for the items specified. The endnotes identify that s 3 of the Schedule (Sch. 1 item 24) amended various provisions; specific amendment references in the Act text include s 20(c)(i) amended by No. 21/2015 s 3(Sch. 1 item 24.1), and s 46(4) amended by the same instrument (as recorded inline in the body of the Act). Section 53(2) is also noted as amended by No. 21/2015 s 3(Sch. 1 item 24.3).
Justice Legislation Miscellaneous Amendment Act 2018 (No. 48/2018). Assent 25 September 2018; parts commenced 28 October 2018. Specific modifications recorded include repeal of s 40(2) by No. 48/2018 s 61 and insertion of s 40A by No. 48/2018 s 62. The endnotes record commencement dates and the special Gazette reference (Special Gazette (No. 480) 16.10.18 p. 1).
Repeals and commencement. The Act came into operation on 1 September 2014 (s 2(2) and endnotes). Section 59 repealed Part 10 (ss 55-59) on 1 September 2015 and s 50(4) repealed s 50 on 1 September 2016, as recorded in the endnote table.

Endnote content. The consolidated version includes endnotes under "Table of Amendments" and "General Information" which list the Acts that amended the Honorary Justices Act and the operative dates of those amendments. The endnotes also state there are no "Amendments Not in Operation" as at the publication date and include the explanatory details statement as empty.

Practical effect. The amendments altered operational detail (for example, clarifying age‑related termination and re‑appointment provisions for bail justices, and adding transitional provisions for persons who retired prior to commencement with respect to retirement titles at s 40A). Practitioners should consult the cited amending Acts and the consolidated statute for exact textual form and dates; the Act’s endnotes supply the assents and commencement entries necessary to track when particular provisions took effect.

The text and endnotes provided with the Act contain no case law citations and record no judicial decisions. The statutory endnotes and explanatory material included in the published version do not list any litigation or reported cases arising under the Honorary Justices Act 2014. The Act itself names no cases and the endnotes do not identify any interpretive controversies resolved by courts.

What this means for practice. Because no litigation history is contained in the statutory text or endnotes, practitioners must search external legal databases, court judgments, and administrative review determinations for any decisions that interpret or apply the Act. Areas likely to produce litigation or judicial review include:

Challenges to administrative decisions by the Secretary or Attorney‑General (for example, suspension under ss 27-28, appointment of an investigator s 31, or refusal to grant retired title permission s 40), where judicial review may be sought on grounds of jurisdictional error, breach of natural justice or unreasonableness.
Criminal prosecutions under Part 7. Appeals or case law considering the construction of offences such as impersonation (s 43), false or misleading information (s 45), or unlawful fee taking (s 46) may develop principles of mens rea, defences and evidentiary requirements.
Disputes over the scope of powers exercisable by JPs or BJs under other Acts, particularly where the Act authorises them to exercise any power conferred on a JP or BJ by or under any Act (ss 4(1), 11(1)) and where common law limitations are asserted (s 4(3)).

Recommended immediate steps. Given the absence of litigation history in the provided text, practitioners advising clients should:

Search judgment databases (e.g. AustLII, Jade, LexisNexis, Westlaw AU), tribunal decisions and administrative law determinations for cases involving the Act.
Check the Government Gazette and Attorney‑General releases for published removal notices and related procedural developments.
Review regulations and guidelines promulgated under ss 48-49 as they will drive operational practice and may be the subject of administrative litigation.

The Act’s provisions for validation of acts despite appointment defects (ss 9, 19) reduce some litigation exposure about past acts, but do not preclude legal challenges to administrative decisions made under the Act.

Timing traps for notifications and responses. The Act imposes a strict 21‑day notification period for specified changes of circumstances (s 22(1)): name, address, citizenship, residency, insolvency, relevant charges or convictions, and incapacity. Failure to notify within 21 days is an express statutory duty; while the Act does not itself create an explicit penalty for late notification, late notice may be relied upon as evidence of failing to comply with statutory requirements and can feed into suspension or removal grounds for failing to comply with requirements (s 33(b), (e), (c)). Similarly, investigators are entitled to at least 21 days to respond before reporting (s 32(2)-(4)); failing to engage within that period may leave a justice without the procedural record they might otherwise present in response.

Secretary’s broad investigatory and supervisory discretions. The Secretary may request information at any time when there is a reasonable belief of contravention or grounds for removal but otherwise not more than once every five years (s 21(2)). The Secretary can direct training for classes of honorary justices (s 23(2)), suspend for failure to undertake training (s 27), appoint investigators (s 31), and suspend on "other grounds" where necessary to protect the administration of justice or public confidence (s 28(1)-(2)). These are broad discretions tethered to statutory standards but not subject to detailed procedural rules in the Act; the exercise of these powers will be shaped by departmental guidelines (s 48) and the regulations (s 49). Practitioners should anticipate administrative actions and document compliance with training and availability obligations.

Training and availability are enforceable. The Secretary may direct training; unreasonable failure to comply is a ground for removal (s 33(b)), and the Secretary may suspend for failure to undertake training (s 27). Availability requirements (s 24) apply particularly to bail justices who must be reasonably available for rostered duty. An officer who is not available may be denied re‑appointment or face administrative action.

Public Administration Act non‑application. The Act explicitly disapplies the Public Administration Act 2004 to JPs and BJs "in respect of" their capacity as such (ss 6, 13). Practitioners should not assume administrative protections, investigative frameworks or disciplinary procedures under the PAA automatically apply to decisions concerning acts in the capacity as honorary justice; instead, refer to procedures in the Honorary Justices Act, departmental guidelines (s 48) and applicable administrative law principles.

Retired title and revocation procedural safeguard. The Attorney‑General may only revoke permission to use a retirement title after an investigator appointed by the Secretary finds facts which could constitute grounds for revocation (s 42(2)-(3)). That offers a statutory procedural safeguard. However, the requirement that the investigator must be a former judicial officer (s 31(3)) and that section 32 applies to such investigations (s 42(4)) implies a formal inquiry process may be triggered, with the attendant costs and publicity.

Age and citizenship constraints. Bail justice appointments include a specific upper age threshold for initial appointment (under 70, s 14(2)(b)), re‑appointment exclusion at or over 75 (s 15(2)(a)) and automatic term expiry at 75 (s 17). Both JPs and BJs must be Australian citizens and ordinarily reside in Victoria (ss 7(2)(b), 7(2)(d)(iii), 14(2)(c), 14(2)(e)(iii)). Loss of citizenship or ceasing to be resident in Victoria are grounds for vacation of office (s 10(d), s 20(c)(ii), s 33(j)), and must be notified to the Secretary within 21 days (s 22).

Fee prohibition is wide. Section 46 forbids JPs and BJs from demanding or accepting fees, gratuities or rewards for duties, with the BJ prohibition qualified by statutory exceptions (s 46(3)) that preserve state honoraria, allowances or remuneration for persons who are bail justices by virtue of holding prescribed offices (s 18(3) and s 46(3)). The prohibition applies regardless of whether the payment benefits the office‑holder personally or another person (s 46(4)). Practitioners advising office‑holders should ensure any remuneration arrangements are explicitly within the statutory exceptions.

Validation provisions limit collaterally attacking acts. Sections 9 and 19 shield acts done by a justice or bail justice from invalidation due to defects in appointment, not having taken the oath, or being suspended at the time. This constrains some legal challenges to past acts but does not prevent disciplinary action or criminal prosecution for conduct.

Investigators must be former judicial officers. The Secretary's appointment of investigators is limited to persons who have served as judicial officers in Victoria or another Australian jurisdiction (s 31(3)). This narrows the pool of potential investigators and imposes costs for formal inquiries.

No internal appeal specified. The Act provides procedural steps for suspension and investigation and requires Attorney‑General recommendation for removal, but it does not create a statutory right of internal appeal from Secretary decisions such as suspension or from refusal to grant retired titles. Administrative law remedies (judicial review) remain possible but are not replaced by an express internal review mechanism.

Initial appointment and ongoing eligibility checks. Prospective applicants should ensure they meet express eligibility requirements before applying. For JPs, that means being at least 18, an Australian citizen, not insolvent under administration, ordinarily resident in Victoria, having completed prescribed training, being proficient in English, and being fit and proper (s 7(2)). For bail justices, ensure age and language requirements are met (s 14(2)). For re‑appointment as a bail justice, ensure recent service and availability standards are documented (s 15(1)). Retain evidence of citizenship, proofs of residence, insolvency clearances, training certificates, English proficiency assessments, and records of service to evidence eligibility.

Complete prescribed training and comply with Secretary directions. The Act requires completion of prescribed training and any training directed by the Secretary (s 23(1)-(2)). Maintain contemporaneous records of completed courses, dates, content, and any Secretary directions to undertake training. If directed to undertake training, comply promptly; the Secretary may suspend for unreasonable failure to undertake training (s 27), and unreasonable failure to comply with a direction is a ground for removal (s 33(b), (c)).

Maintain availability and activity records. JPs must be "reasonably available and reasonably active" (s 24(1)); bail justices must be available to be rostered and available when rostered (s 24(2)). Keep logs of rostered duties, responses to roster invitations, reasons for unavailability and supporting documents (for example, medical certificates). For bail justices, availability while rostered is an explicit precondition of re‑appointment (s 15(1)(b)(ii)), so document performance of rostered duties.

Respond to Secretary requests and notifications. Respond to information requests under s 21 within a reasonable time (s 21(3)). Note that the Secretary may request information more frequently if there is reasonable belief of contravention; otherwise the statutory frequency limit is not more than once every five years (s 21(2)). For changes of circumstance specified in s 22(2), notify the Secretary in writing within 21 days (s 22(1)) and, if charged with an offence covered by s 22(2)(e), notify the Secretary of the outcome within 21 days (s 22(3)). Preserve proof of delivery of notifications and copies of replies for administrative and evidentiary purposes.

Observe codes of conduct and confidentiality requirements. Ensure familiarity with and compliance with the codes of conduct prescribed under s 25 and regulations under s 49(1)(a), which may address use of titles, conflicts of interest, competency requirements, confidentiality of information gained in office, and availability. Seek copies of the applicable code(s) from the Department and record compliance and any CPD or professional development undertaken in response to code obligations.

Avoid prohibited fee‑taking and improper reward. Do not demand, take or accept any fee, gratuity or reward for carrying out duties as a JP or BJ (s 46). For bail justices, understand allowable honoraria or allowances paid by the State and remuneration exceptions for those who are bail justices by virtue of holding a prescribed office (s 46(3) and s 18(3)). If any remuneration is proposed, obtain written confirmation that it falls within statutory exceptions.

Prepare for investigations and suspensions. Be aware of the Secretary’s power to suspend (ss 27-28) and the procedure for investigations (ss 31-32). If notified of an investigation, provide a written or oral response within 21 days as entitled under s 32(2). Seek legal advice promptly to preserve procedural and substantive rights and to prepare submissions for the investigator and Attorney‑General. Keep records of all correspondence and evidence of compliance with training or directions to rebut assertions of unreasonable failure.

Manage retirement title applications and use. If seeking permission to use "JP (Retired)" or "BJ (Retired)" apply to the Secretary and ensure service tenure criteria are evidenced (s 40(3)-(4)). Keep written records of years of service (the Act permits non‑continuous service to be aggregated, s 40(4)). Note the Secretary must refuse permission where the person was removed, is insolvent under administration, or is not fit and proper (s 40(5)). After permission is granted, continue to notify the Secretary of specified changes in circumstances within 21 days (s 41(1)(b)).

Comply with oath and formalities before exercising powers. Do not exercise powers until the prescribed oath or affirmation has been taken in the required form and manner (ss 8, 16, 18(2)(b) for those who are bail justices by virtue of office). Keep records of when and where the oath or affirmation was taken and the form used.

Monitor regulations and guidelines. The Act delegates substantial detail to regulations and Secretary guidelines (ss 48-49). Regularly check the Department of Justice website and Gazette for regulations and guidelines prescribing codes, training standards and prescribed offices (s 49), and incorporate them into internal compliance processes.

Recordkeeping and documentation. Maintain contemporaneous, secure, and retrievable records of training, availability, rostered duties, notifications to the Secretary, responses to information requests, oath/affirmation records, and any correspondence with the Department or Attorney‑General. These records will be essential to defend against allegations of unreasonable non‑compliance, respond to investigations, and support re‑appointment applications.

Seek timely legal advice when charged or under investigation. If charged with an offence that could lead to suspension or removal (ss 28(1)(b), 33(f)), notify the Secretary as required (s 22(2)(e)) and seek legal advice. The Secretary must revoke suspension if charges are dismissed (s 28(3)), so accurate tracking of charge outcomes and timely notification are critical.

Plan for continuity. Organisations relying on a small number of honorary justices should plan for temporary suspension or removal of office‑holders. The Act’s provisions for suspension and the Secretary’s discretion to remove for availability or conduct issues mean services dependent on honorary justices may require contingency arrangements.

Review employment and organisational policies. For persons who hold prescribed offices that confer bail justice status (s 18), ensure that employment contracts and role descriptions accommodate training and oath requirements (s 18(2)) and that any remuneration arrangements align with statutory exceptions (s 18(3), s 46(3)).

Keep an eye on litigation and regulatory change. The Act’s interaction with regulations and the potential for administrative law challenges means staying current with case law, Gazette notices and Attorney‑General announcements is important. If the Secretary or Attorney‑General commences an investigation, anticipate that an investigator must be a former judicial officer (s 31(3)), and prepare submissions accordingly.

Honorary Justices Act 2014

Plain English Summary

Deep Dive

What it does

Current sections

Honorary Justices Act 2014

Source text: opening excerpt

1 Honorary Justices Act 2014

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply