This Act creates a Tasmanian framework for appointing, regulating, disciplining and removing Justices of the Peace. It sets who is eligible, how appointments and reappointments work, duties (training, availability, codes of conduct), investigation and suspension procedures, offences and a public register.
The rules affect applicants, appointed JPs, magistrates, the Secretary, the Minister and the Governor: JPs bear most compliance costs (training, reporting, availability) while the Department and Minister/Governor hold decision and enforcement powers.
This Act creates a statutory framework for the appointment, duties, supervision, suspension and removal of Justices of the Peace in Tasmania. It replaces the appointment regime under the earlier Justices Act 1959 for persons who choose to continue under transitional provisions (see s 43). Mechanically the Act:
Establishes eligibility criteria and an application pathway for appointment as an "appointed justice" (ss 4-5). Applications must use a Secretary-approved form and be lodged with the Secretary (s 4).
Confers appointment powers on the Governor (s 5(2)), but conditions appointment on the Minister and Governor being satisfied there is a need for a justice in the applicant’s area (s 5(3)).
Imposes prerequisites before exercising office: appointed justices must take the judicial oath under the Promissory Oaths Act 2015 before exercising powers (s 6).
Sets fixed age-limits and reappointment mechanics: initial eligibility between 18 and 75 years for appointment (s 5(1)); reappointment scheme for those approaching or past 75 with specified age caps and 2-year reappointment terms (s 7-8).
Distinguishes a magistrate’s status as a Justice of the Peace by virtue of office (s 9) and limits exercise of common-law JP powers to magistrates (s 10(2)).
Imposes ongoing duties and compliance obligations on appointed justices: providing information on request (s 16), notifying change of circumstances within 21 days (s 17), compulsory training / professional development (s 18), being reasonably available and active in local areas (s 19), and compliance with a code of conduct prescribed by regulation (s 20).
Creates administrative supervision and disciplinary machinery: the Secretary may suspend a justice on specified grounds (s 21), must give written notice of suspension and grounds (s 22), can authorise State Service officers or employees to investigate conduct (s 26), and must receive an investigator’s report (s 28). Where an investigator finds grounds for removal, the Minister may recommend removal to the Governor (s 30), and the Governor may remove on the Minister’s recommendation (s 31).
Current sections
Direct links to the current provisions in Justices of the Peace Act 2018.
In this Act, unless the contrary intention appears –
appointed justice means a justice who holds the office of Justice of the Peace under an appointment under section 5 or 8 ;
code of conduct means a code of conduct prescribed by the regulations for the purposes of section 20 ;
commission of the peace means the letters patent of 4th May 1895 which assign justices to keep the Queen's peace in this State and any letters patent to the same purpose that take the place of those letters patent;
duties includes powers and a reference to carrying out duties includes a reference to exercising powers;
insolvent, in relation to a person, means that the person –
(a) is bankrupt; or
(b) has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) is compounding with his or her creditors; or
(d) has made an assignment of his or her remuneration or estate for the benefit of his or her creditors;
investigator means a person authorised under section 26 to undertake an investigation of the conduct of a justice or other person;
justice means –
(a) an appointed justice; or
(b) a magistrate;
removal from the office of Justice of the Peace means the revocation of the appointment as Justice of the Peace of an appointed justice;
Secretary means the Secretary of the Department.
Part 2
Appointment and Powers of Justices of the Peace
Part 2 Appointment and Powers of Justices of the Peace
4
Application to be appointed as justice
4 Application to be appointed as justice
(1) A person may apply to be appointed as a Justice of the Peace.
(2) An application is to be –
(a) in a form approved by the Secretary; and
(b) lodged with the Secretary.
5
Appointment of justice
5 Appointment of justice
(1) In this section –
eligible person means a person who –
(a) has attained the age of 18 years but has not attained the age of 75 years; and
(b) is an Australian citizen; and
(c) in the opinion of the Minister –
(i) understands the role and duties of a justice; and
(ii) has sufficient proficiency in the English language to carry out the duties of a justice; and
(iii) ordinarily resides in Tasmania; and
(iv) is likely to be reasonably available to exercise the powers of a justice for the purpose of meeting the needs of the community in the area in which he or she resides or works and to be reasonably active in doing so; and
(v) is a fit and proper person to hold the office of Justice of the Peace; and
(d) has completed any training required by the regulations to be undertaken before being appointed as a Justice of the Peace.
(2) The Governor may appoint such eligible persons resident in Tasmania as he or she thinks appropriate to the office of Justice of the Peace for Tasmania.
(3) Despite subsection (2) , the Governor may only appoint an eligible person as a Justice of the Peace if satisfied that there is a need for a Justice of the Peace, or another Justice of the Peace, in the area in which the eligible person resides or works.
(4) An appointment of a person as a Justice of the Peace is to be notified in the Gazette.
6
Oaths to be taken by justices
6 Oaths to be taken by justices
An appointed justice is not entitled to exercise any of the powers of the office of Justice of the Peace until he or she has taken the judicial oath in accordance with the Promissory Oaths Act 2015 on that appointment.
7
Application for reappointment as appointed justice
7 Application for reappointment as appointed justice
(1) An appointed justice may apply for reappointment as a Justice of the Peace within 6 months before he or she attains the age of 75 years or the term of his or her appointment expires.
(2) A person who was an appointed justice may apply for reappointment as a Justice of the Peace within 6 months after his or her appointment was terminated if the termination occurred because he or she attained the age of 75 years or the term of his or her appointment expired.
(3) An application is to be –
(a) in a form approved by the Secretary; and
(b) lodged with the Secretary.
8
Reappointment as Justice of the Peace
8 Reappointment as Justice of the Peace
(1) An appointed justice or a person referred to in section 7(2) is eligible to be appointed as a Justice of a Peace under this section if he or she –
(a) has not attained the age of 84 years and 6 months; and
(b) is an Australian citizen; and
(c) in the opinion of the Secretary –
(i) ordinarily resides in Tasmania; and
(ii) before the termination of the appointment is or was actively serving the community in the office of Justice of the Peace; and
(iii) is likely to continue to actively serve the community in the office of Justice of the Peace if reappointed; and
(d) continues to be a fit and proper person to hold the office of Justice of the Peace.
(2) On receipt of an application made under section 7 , the Secretary may appoint the applicant to the office of Justice of the Peace if he or she considers that the applicant is eligible to be so appointed.
(3) An appointment under this section is for the term of 2 years commencing on the termination of the current or immediately preceding appointment to the office of Justice of the Peace, regardless of whether that current or preceding appointment is terminated before or after the reappointment.
(4) An appointment under this section to the office of Justice of the Peace is to be notified in the Gazette.
(5) Section 6 does not apply in relation to an appointment under this section to the office of Justice of the Peace.
(6) Despite subsection (3) , an appointment under this section terminates when the appointed justice attains the age of 85 years.
(7) If an appointed justice applies for reappointment before his or her appointment is terminated but the Secretary does not determine the application until after that termination, that appointment, for all purposes other than subsection (3) , is taken to continue until the application is determined.
9
Magistrates as justices
9 Magistrates as justices
A magistrate is a Justice of the Peace by virtue of holding the office of magistrate.
10
Powers of justices
10 Powers of justices
(1) A justice may exercise the powers conferred on a Justice of the Peace by –
(a) this and any other Act; and
(b) any other law.
(2) Despite subsection (1)(b) , a power conferred on a Justice of the Peace at common law is exercisable only by a justice who is a magistrate.
11
Ratepayer not disabled from acting as justice
11 Ratepayer not disabled from acting as justice
A justice is not disabled from exercising the powers of a Justice of the Peace in any matter relating to a municipal area by reason only of being –
(a) a ratepayer; or
(b) a member of, or interested in, the concerns of the council.
12
Validity of acts of justice
12 Validity of acts of justice
(1) An act by an appointed justice in his or her capacity as a Justice of the Peace is not invalid only because –
(a) of a defect or irregularity in, or in connection with, his or her appointment as a Justice of the Peace; or
(b) of the failure of the justice to take an oath or affirmation of office as required by section 6 ; or
(c) the justice is suspended from the office of Justice of the Peace at the time of doing the act; or
(d) the appointment of the justice was terminated under section 43(4) before the doing of the act but, at the time of the doing of the act, the justice was unaware of the termination of the appointment.
(2) An act by a magistrate in his or her capacity as a Justice of the Peace is not invalid only because of a defect or irregularity in, or in connection with, his or her appointment as a magistrate.
13
Protection from liability
13 Protection from liability
A justice does not incur any personal liability in respect of any act done or omitted to be done in good faith –
(a) in the exercise or performance of a power or duty of a justice; or
(b) in the reasonable belief that the act or omission was in the exercise or performance of a power or duty of a justice.
14
Termination of appointment as Justice of the Peace, &c.
14 Termination of appointment as Justice of the Peace, &c.
(1) An appointed justice ceases to hold the office of Justice of the Peace, and his or her instrument of appointment is terminated, if –
(a) the justice resigns from the office of Justice of the Peace; or
(b) the justice attains the age of 75 years; or
(c) the justice's appointment under section 8 expires or is terminated by reason of section 8(6) when the justice attains the age of 85 years; or
(d) the justice ceases to be an Australian citizen; or
(e) the justice ceases to reside ordinarily in Tasmania; or
(f) the justice becomes insolvent; or
(g) the justice is 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 Tasmania, would constitute an offence referred to in subparagraph (i) ; or
(h) the justice is removed from office under section 31 .
(2) At any time, an appointed justice may resign from the office of Justice of the Peace by notifying the Secretary, in writing, of the resignation.
(3) If an appointed justice is no longer capable of carrying out the duties of a Justice of the Peace for any reason, a person responsible for the justice, within the meaning of the Guardianship and Administration Act 1995 , may notify the Secretary, in writing, of that fact and, on behalf of the justice, resign the justice from the office of Justice of the Peace.
(4) A notice under subsection (3) is not valid for the purposes of the resignation of an appointed justice from the office of Justice of the Peace unless accompanied by a certificate from a medical practitioner, or a statutory declaration by the person responsible, stating that the justice is incapable of carrying out the duties of a Justice of the Peace.
(5) The resignation of an appointed justice takes effect when the notice of resignation is received by the Secretary.
(6) A justice who holds the office of Justice of the Peace because he or she is a magistrate ceases to hold the office of Justice of the Peace if the justice ceases to hold the office of magistrate.
Part 3
Duties of Justices
Part 3 Duties of Justices
15
Duties of justices
15 Duties of justices
A justice has the duties imposed by this Act and by any other Act.
16
Providing information to Secretary
16 Providing information to Secretary
(1) The Secretary, in writing, may require an appointed justice to provide to the Secretary information relating to one or more of the following:
(a) the name, residential address and contact details of the justice;
(b) the date of birth of the justice;
(c) the extent to which the justice has been, or proposes to be, available to exercise the powers of a justice for the purpose of meeting the needs of the community where he or she works or resides;
(d) the carrying out of the justice's duties;
(e) any matter that the justice is required to report to the Secretary;
(f) any matter that may be a ground for suspension of the justice or removal of the justice from the office of Justice of the Peace;
(g) any other prescribed matter.
(2) A requirement may be made –
(a) at any time but not more than once in every 5 years; or
(b) at any time, regardless of when the last requirement was made, if the Secretary reasonably believes that –
(i) the justice may have contravened a requirement of this Act or any other Act; or
(ii) there may be grounds for the suspension of the justice or the removal of the justice from the office of Justice of the Peace.
(3) An appointed justice must comply with a requirement within a reasonable time.
17
Notifying of change in circumstances
17 Notifying of change in circumstances
(1) In this section –
change in circumstances, in relation to an appointed justice, means any of the following changes in circumstances:
(a) a change in the name, residential address or contact details of the justice;
(b) the justice ceases to be an Australian citizen;
(c) the justice becomes insolvent;
(d) the 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 Tasmania, would constitute an offence referred to in subparagraph (i) ;
(e) any other change in circumstances prescribed by the regulations.
(2) Not later than 21 days after a change in his or her circumstances, an appointed justice must notify the Secretary, in writing, of that change.
(3) An appointed justice who has been charged with an offence referred to in paragraph (d)(i) or (ii) of the definition of change in circumstances in subsection (1) must notify the Secretary, in writing, of the outcome of the proceedings on the charge within 21 days after the charge has been determined.
18
Requirement to undertake training or professional development
18 Requirement to undertake training or professional development
(1) An appointed justice must undertake and complete –
(a) any training or professional development prescribed by the regulations; and
(b) any training that the Secretary requires to be undertaken by the justice or a class of appointed justices of which the justice is a member.
(2) The Secretary may require an individual appointed justice, by written notice provided to the justice, to undertake the training or professional development specified in the notice.
(3) The Secretary may require all members of a class of appointed justices specified in a notice published on the Department's website, or in such other manner as the Secretary determines, to undertake the training or professional development specified in the notice.
(4) In addition to publishing a notice referred to in subsection (3) , the Secretary may provide a copy of that notice to any or all members of the class of appointed justices specified in the notice.
19
Requirement to be reasonably available and active
19 Requirement to be reasonably available and active
An appointed justice must be reasonably available to exercise his or her powers as a justice and reasonably active in doing so in the areas in which he or she resides or works.
20
Requirement to comply with code of conduct
20 Requirement to comply with code of conduct
An appointed justice must comply with –
(a) any code of conduct prescribed by the regulations that applies to all appointed justices; and
(b) any code of conduct prescribed by the regulations that applies to a class of appointed justices of which the justice is a member.
Part 4
Suspension and Removal from Office of Justice of the Peace
Part 4 Suspension and Removal from Office of Justice of the Peace
Division 1
Suspension from office of Justice of the Peace
Division 1 Suspension from office of Justice of the Peace
21
Suspension of justice
21 Suspension of justice
(1) The Secretary may suspend an appointed justice from the office of Justice of the Peace if satisfied on reasonable grounds that –
(a) an investigation is warranted as to whether there are grounds for the revocation of the appointment of the justice; or
(b) the justice is charged with an offence referred to in section 14(1)(g) ; or
(c) the justice has failed to undertake training or professional development as required by or under section 18 .
(2) The Secretary may not suspend an appointed justice from the office of Justice of the Peace 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 may be damaged if the justice is not suspended.
22
Notice of suspension
22 Notice of suspension
(1) If the Secretary decides to suspend an appointed justice from the office of Justice of the Peace, the Secretary is to provide written notice of the suspension to the justice.
(2) A notice is to specify –
(a) the grounds for the suspension; and
(b) the day on which the suspension takes effect.
23
Term of suspension
23 Term of suspension
The suspension of an appointed justice takes effect on the day specified in the notice provided under section 22 and continues until whichever of the following first occurs:
(b) the justice is removed from the office of Justice of the Peace.
24
Revocation of suspension
24 Revocation of suspension
(1) If –
(a) an appointed justice is suspended from the office of Justice of the Peace under section 21(1)(a) ; and
(b) a report from an investigator under section 28 includes the finding that there are no grounds for the removal from the office of Justice of the Peace of the justice –
the Secretary is to revoke the suspension as soon as practicable after receipt of the report.
(2) Despite subsection (1) , if in a case to which that subsection would otherwise apply the Secretary –
(a) under section 28(6) requires the justice to take an action; and
(b) under section 28(7) determines to continue the suspension until the justice complies with the requirement –
the Secretary is to revoke the suspension when the justice complies with the requirement.
(3) If –
(a) an appointed justice is suspended from the office of Justice of the Peace under section 21(1)(a) ; and
(b) a report from an investigator under section 28 includes the finding that there are grounds for the removal from the office of Justice of the Peace of the justice; and
(c) the Minister ––
(i) under section 30(2) , notifies the Secretary that he or she has determined not to recommend to the Governor that the justice be removed from the office of Justice of the Peace –
the Secretary is to revoke the suspension as soon as practicable after receipt of the notice from the Minister.
(4) Despite subsection (3) , if in a case to which that subsection would otherwise apply –
(a) the Minister, under section 30(2) , notifies the Secretary that the Secretary is to require the justice to take an action; and
(b) the Secretary determines to continue the suspension until the justice complies with the requirement –
the Secretary is to revoke the suspension when the justice complies with the requirement.
(5) If an appointed justice is suspended from the office of Justice of the Peace under section 21(1)(b) , the Secretary is to revoke the suspension (whether or not it has taken effect) if the charge is dismissed or the justice is found not guilty on the charge.
(6) The Secretary does not need to comply with subsection (5) if satisfied that there are other grounds for continuing the suspension of the appointed justice from the office of Justice of the Peace.
(7) The Secretary, at any time, may revoke a suspension (whether or not it has taken effect and whether it was imposed under section 21(1)(a) or (b) ) if satisfied that it is appropriate to do so.
(8) Without limiting the grounds on which the Secretary may determine under subsection (7) that it is appropriate to revoke a suspension, the Secretary may so revoke a suspension imposed because the appointed justice had failed to undertake training or professional development as required by section 18 if satisfied that the justice has undertaken that training or professional development.
(9) A revocation of the suspension of an appointed justice from the office of Justice of the Peace takes effect on the day specified in the notice of the revocation provided to the justice under section 25 .
25
Notice of revocation of suspension
25 Notice of revocation of suspension
If the Secretary revokes the suspension of an appointed justice from the office of Justice of the Peace, the Secretary is to provide to the justice written notice of the revocation and the day on which the revocation takes effect.
Division 2
Investigation of appointed justice's conduct
Division 2 Investigation of appointed justice's conduct
26
Authorisation of investigator
26 Authorisation of investigator
(1) If the Secretary suspends an appointed justice from the office of Justice of the Peace on any ground other than that the justice has been charged with an offence referred to in section 14(1)(g) , the Secretary is to authorise a State Service officer or State Service employee employed in the Department to undertake an investigation into the justice's conduct.
(2) If the Secretary is satisfied on reasonable grounds that an investigation is warranted as to whether there are grounds for the removal from the office of Justice of the Peace of an appointed justice, but the justice has not been suspended from that office, the Secretary may authorise a State Service officer or State Service employee employed in the Department to undertake an investigation into the justice's conduct.
27
Conduct of investigation of appointed justice's conduct
27 Conduct of investigation of appointed justice's conduct
(1) An investigator is to investigate whether there are grounds for the removal from the office of Justice of the Peace of an appointed justice.
(2) Before commencing an investigation, the investigator must provide to the appointed justice written notice stating –
(a) the reason for the investigation; and
(b) that, within 21 days after receiving the notice the justice may make submissions to the investigator, either orally or in writing, or both, in relation to the matters specified in the notice.
(3) If the investigator and appointed justice agree, the investigator, by written notice provided to the justice, may extend the period within which the justice may make submissions.
(4) The investigator must not make a report under section 28 unless the investigator has considered any submissions made by the appointed justice within the period allowed for such submissions under this section.
28
Report of investigator
28 Report of investigator
(1) On concluding an investigation into the conduct of an appointed justice, the investigator is to provide to the Secretary a report on the investigation which includes –
(a) the investigator's finding as to whether or not there are grounds for the removal from the office of Justice of the Peace of the justice; and
(b) if he or she finds that there are such grounds, what those grounds are.
(2) If the investigator finds that there are no grounds for the removal from the office of Justice of the Peace of the appointed justice, the investigator may include in his or her report recommendations in relation to the justice.
(3) Without limiting the recommendations that the investigator may include in his or her report under subsection (2) , the recommendations may include that the appointed justice take any actions, including, but not limited to –
(a) apologising; and
(b) undertaking training or professional development.
(4) On receiving a report from the investigator that finds that there are grounds for the removal from the office of Justice of the Peace of the appointed justice, the Secretary is to provide a copy of it to the Minister together with –
(a) the recommendations of the Secretary as to whether or not the justice should be removed from the office of Justice of the Peace; and
(b) if the Secretary recommends not removing the justice from the office of Justice of the Peace, recommendations as to whether it would be suitable to require the justice to take any actions, including, but not limited to –
(i) apologising; and
(ii) undertaking training or professional development.
(5) The Minister is to proceed under section 30 on receiving a copy of the report and the recommendations of the Secretary.
(6) On receiving a report from the investigator that finds that there are no grounds for the removal from the office of Justice of the Peace of the appointed justice, the Secretary, in addition to proceeding to revoke any relevant suspension of the justice, may require the justice to take any actions the Secretary considers appropriate, including, but not limited to –
(a) apologising; and
(b) undertaking training or professional development.
(7) If the Secretary, under subsection (6) , requires an appointed justice to apologise or undertake training or professional development, the Secretary may determine that the suspension of the justice continue until the Secretary is satisfied that the justice has complied with that requirement.
Division 3
Removal of justice from office of Justice of the Peace
Division 3 Removal of justice from office of Justice of the Peace
29
Grounds for removal from office of Justice of the Peace
29 Grounds for removal from office of Justice of the Peace
The grounds for the removal from the office of Justice of the Peace of an appointed justice are –
(a) the justice has committed serious or repeated breaches of the code of conduct; or
(b) the justice has failed, without reasonable excuse, to undertake training or professional development as required by or under section 18 ; or
(c) the justice has failed, without reasonable excuse, to comply with another requirement made or given by the Secretary under this Act; or
(d) on at least 3 occasions, the justice has failed, without reasonable excuse, to carry out his or her duties; or
(e) the justice has failed, without reasonable excuse, to comply with any provision of this Act; or
(f) the justice no longer has the physical or mental capacity to carry out the duties of the office of Justice of the Peace; or
(g) the justice has brought the office of Justice of the Peace into disrepute.
30
Recommendation that appointed justice be removed from office of Justice of the Peace
30 Recommendation that appointed justice be removed from office of Justice of the Peace
(1) The Minister may recommend to the Governor that an appointed justice be removed from the office of Justice of the Peace if the report of an investigator in relation to the conduct of the justice includes the finding that there are grounds for the removal.
(2) If, despite a report of an investigator finding that there are grounds for the removal of an appointed justice from the office of Justice of the Peace, the Minister determines not to recommend to the Governor that the justice be removed from the office of Justice of the Peace –
(a) the Minister is to notify the Secretary of that determination as soon as reasonably practicable; and
(b) the Minister may inform the Secretary that he or she is to require the justice to take one or more actions which may include, but are not limited to –
(i) apologising; and
(ii) undertaking training or professional development; and
(c) if the justice is suspended from the office of Justice of the Peace, the Secretary is to revoke the suspension.
(3) If the Secretary, in compliance with subsection (2)(b) , requires an appointed justice who is suspended to take any action, the Secretary may determine that the suspension of the justice continue until the Secretary is satisfied that the justice has complied with that requirement.
31
Removal from office of Justice of the Peace
31 Removal from office of Justice of the Peace
(1) The Governor may remove an appointed justice from the office of Justice of the Peace on the recommendation of the Minister.
(2) If the Governor removes an appointed justice from the office of Justice of the Peace, notice of that removal is to be –
(a) provided to the justice; and
(b) published in the Gazette.
(3) The notice provided to a justice under subsection (2)(a) is to include the reason for his or her removal from the office of Justice of the Peace.
(4) Subsection (2) does not apply to a removal of an appointed justice from the office of Justice of the Peace on the ground that the justice no longer has the physical or mental capacity to carry out the duties of that office.
32
Re-appointment after removal from office of Justice of the Peace
32 Re-appointment after removal from office of Justice of the Peace
(1) A person who has been removed from the office of Justice of the Peace may not be appointed to that office within the period of 5 years commencing on the day on which the notice of the removal is published in the Gazette under section 31(2)(b) .
(2) A person who has been removed from the office of Justice of the Peace may be appointed to that office again only on application.
(3) An application –
(a) may be made only after the end of the 5-year period referred to in subsection (1) ; and
(b) is to be in writing; and
(c) is to include the ground on which the applicant was removed from the office of the Justice of the Peace; and
(d) is to include any other information prescribed by the regulations or required by the Secretary; and
(e) is to be lodged with the Secretary.
Part 5
Use of Titles
Part 5 Use of Titles
33
Use of title of Justice of the Peace
33 Use of title of Justice of the Peace
A justice may use the title "Justice of the Peace" or "JP" after his or her name.
Part 6
Offences
Part 6 Offences
34
Impersonating justice
34 Impersonating justice
A person who is not a justice must not hold himself or herself out to be a justice.
Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.
35
False or misleading information
35 False or misleading information
(1) A person must not, in providing any information under this Act to the Minister, the Secretary or an investigator –
(a) make a statement knowing it to be false or misleading; or
(b) omit any matter from a statement knowing that without that matter the statement is false or misleading.
Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.
(2) Proceedings for an offence against subsection (1) may be commenced at any time within the period of 3 years commencing on the day on which the offence was allegedly committed.
36
Demanding or accepting fee, gratuity, &c.
36 Demanding or accepting fee, gratuity, &c.
(1) A justice must not demand, take or accept from a person any fee, gratuity, patronage or reward for carrying out the duties of a justice.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both.
(2) Subsection (1) does not apply to the remuneration paid to a magistrate in respect of his or her office as magistrate.
(3) If an appointed justice is employed in any position, subsection (1) does not apply to the remuneration paid to the appointed justice by his or her employer in respect of that employment despite one of the duties of that employment being that the person carry out the duties of a Justice of the Peace.
(4) For the purposes of subsection (1) , it is immaterial –
(a) whether the fee, gratuity, patronage or reward is paid to the appointed justice or to another person; or
(b) whether the appointed justice personally benefits from the fee, gratuity, patronage or reward.
Part 7
Miscellaneous
Part 7 Miscellaneous
37
Abrogation of assignment of justices under commission of the peace
37 Abrogation of assignment of justices under commission of the peace
A person may not be assigned a justice under a commission of the peace.
38
Register of justices
38 Register of justices
(1) The Secretary is to maintain a register of –
(a) the name, address and date of birth of each appointed justice; and
(b) the registration number allocated to each appointed justice; and
(c) in the case of an appointed justice –
(i) the date of his or her appointment; and
(ii) the date on which he or she will attain the age of 75 years, being the date on which his or her appointment is terminated under section 14(1)(b) ; and
(d) in the case of –
(i) the termination, under section 14(1)(d) , (e) , (f) or (g) , of a justice's appointment as Justice of the Peace; or
(ii) the removal of the justice from the office of Justice of the Peace under section 31 –
the date of that termination or removal; and
(e) such other matters as the Secretary considers appropriate.
(2) The Secretary may publish the register, or information contained in the register –
(a) if he or she considers it appropriate and convenient; and
(b) in such manner as he or she considers appropriate.
39
Guidelines
39 Guidelines
(1) The Secretary may issue guidelines for or with respect to any matter relating to appointed justices including, but not limited to –
(a) the process relating to the appointment of justices; and
(b) the manner in which justices are to carry out their duties; and
(c) the training and professional development of justices; and
(d) the handling of complaints against justices.
(2) The Secretary may amend, revoke or revoke and substitute the guidelines.
(3) The Secretary is to publish the guidelines in such manner as he or she considers appropriate.
40
Delegation by Secretary
40 Delegation by Secretary
The Secretary may delegate to a State Service officer, or State Service employee, employed in the Department any of his or her functions or powers under this Act, other than this power of delegation.
41
Regulations
41 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , the regulations may be made in relation to –
(a) a code of conduct applying to all, or a class of, appointed justices that includes, but is not limited to –
(i) the use of titles; and
(ii) conflicts of interest; and
(iii) competency and knowledge requirements; and
(iv) confidentiality of information obtained by appointed justices in the course of exercising their powers; and
(v) the requirement to be reasonably available to exercise the powers of an appointed justice for the purpose of meeting the needs of the community in the area in which the justice resides or works and to be reasonably active in doing so; and
(b) the courses of training or professional development to be completed by any of the following:
(i) a person seeking to be appointed as a justice;
(ii) an appointed justice; and
(c) the records to be kept by appointed justices.
(3) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(4) The regulations may –
(a) provide that a contravention of any of the regulations is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
(5) The regulations may authorise any matter to be from time to time determined, applied or regulated by a person or body specified in the regulations.
(6) The regulations may adopt, either wholly or in part and with or without modification, and either specifically or by reference any rules, codes or guidelines, whether the rules, codes or guidelines were published or issued before or after the commencement of this Act.
(7) A reference in subsection (6) to rules, codes or guidelines includes a reference to an amendment of those rules, codes or guidelines whether the amendment is published or issued before or after the commencement of this Act.
(b) the person has not attained the age of 75 years –
the person may notify the Secretary, in the form provided by the Secretary, that he or she wishes to continue in the office of Justice of the Peace.
(3) If under subsection (2) a person notifies the Secretary, before the commencement day, that he or she wishes to continue in the office of Justice of the Peace and the person is eligible under section 5 to be appointed as a Justice of the Peace –
(a) the person is taken to have been appointed as a Justice of the Peace under section 5 of this Act; and
(b) this Act, accordingly, applies to the person in his or her capacity as Justice of the Peace; and
(c) a reference in his or her instrument of appointment to a provision or Part of the Justices Act 1959 that has been repealed by this Act is taken to be a reference to the corresponding provision or Part of this Act.
(4) If, before the commencement day, a person referred to in subsection (2) –
(a) has not notified the Secretary, under subsection (2) , that he or she wishes to continue in the office of Justice of the Peace; or
(b) has so notified the Secretary but is not eligible under section 5 to be appointed to the office of Justice of the Peace –
the appointment of the person to the office of Justice of the Peace is terminated on the commencement day.
(5) If –
(a) immediately before the commencement day, a person holds the office of Justice of the Peace in accordance with an appointment under section 4(1) of theJustices Act 1959 ; and
(b) the person has attained the age of 75 years before the commencement day –
the person may notify the Secretary, in the form provided by the Secretary, that he or she wishes to continue in the office of Justice of the Peace.
(6) If under subsection (5) a person notifies the Secretary, before the commencement day, that he or she wishes to continue in the office of Justice of the Peace and the person is eligible under section 8 to be appointed as a Justice of the Peace –
(a) the person is taken to have been appointed as a Justice of the Peace under section 8 of this Act; and
(b) despite anything to the contrary in his or her instrument of appointment, the term of that reappointment is the period of 2 years commencing on the commencement day unless sooner terminated under section 14(1)(a) , (c) , (d) , (e) , (f) , (g) or (h) ; and
(c) this Act, accordingly, applies to the person in his or her capacity as Justice of the Peace; and
(d) a reference in his or her instrument of appointment –
(i) to the section of the Justices Act 1959 under which he or she was appointed a Justice of the Peace is taken to be a reference to section 8 of this Act; and
(ii) to another provision, or a Part, of the Justices Act 1959 that has been repealed by this Act is taken to be a reference to the corresponding provision or Part of this Act.
(7) If, before the commencement day, a person referred to in subsection (5) –
(a) has not notified the Secretary, under subsection (5) , that he or she wishes to continue in the office of Justice of the Peace; or
(b) has so notified the Secretary but is not eligible under section 8 to be appointed to the office of Justice of the Peace –
the appointment of the person to the office of Justice of the Peace is terminated on the commencement day.
(8) For the purposes of this section, a person who was assigned a justice under a commission of the peace is taken to have been appointed, before the commencement day, to the office of Justice of the Peace in accordance with section 4(1) of theJustices Act 1959 .
commencement day means the day on which this Act commenced;
validation day means the day on which the amending Act commences.
(2) If –
(a) a person was a person who held, immediately before the commencement day, the office of Justice of the Peace in accordance with an appointment under section 4(1) of theJustices Act 1959 or who is taken, in accordance with section 43(8) , to be such a person for the purposes of section 43 ; and
(b) the person did not, before the commencement day, notify the Secretary under section 43(2) or (5) that he or she wishes to continue in the office of Justice of the Peace; and
(c) after the commencement day but before the validation day, the person purported to perform or exercise a function or power of a Justice of the Peace under this Act –
then, despite any other provision of this Act, and irrespective of whether or not the person was eligible under section 8 to be appointed as a Justice of the Peace under that section –
(d) the person is to be taken to have been, and to always have been, validly appointed under section 8 as a Justice of the Peace on and from the commencement day until the validation day; and
(e) the performance or exercise of the function or power is not to be taken to be, or to ever have been, invalid by reason only that the person was not, but for this section, validly appointed under section 8 as a Justice of the Peace on and from the commencement day until the validation day.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Justices of the Peace Act 2018 .
2 Commencement
2 Commencement
This Act commences on a day to be proclaimed.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
appointed justice means a justice who holds the office of Justice of the Peace under an appointment under section 5 or 8 ;
code of conduct means a code of conduct prescribed by the regulations for the purposes of section 20 ;
commission of the peace means the letters patent of 4th May 1895 which assign justices to keep the Queen's peace in this State and any letters patent to the same purpose that take the place of those letters patent;
duties includes powers and a reference to carrying out duties includes a reference to exercising powers;
insolvent, in relation to a person, means that the person –
(a) is bankrupt; or
(b) has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) is compounding with his or her creditors; or
(d) has made an assignment of his or her remuneration or estate for the benefit of his or her creditors;
investigator means a person authorised under section 26 to undertake an investigation of the conduct of a justice or other person;
justice means –
Prescribes grounds for removal (s 29), and a 5-year prohibition on reappointment after removal (s 32).
Sets out offences and penalties for impersonation (s 34), providing false or misleading information to Minister/Secretary/investigator (s 35), and demanding/accepting fees/gratuities for JP duties (s 36).
Provides for administrative supports: register of justices maintained by the Secretary (s 38); Secretary guidance power (s 39); delegation (s 40); regulation-making power to prescribe codes, training and records, and to adopt external codes/guidelines (s 41); and transitional and validation provisions to move from the previous 1959 Act regime (ss 43-45).
Functionally the Act centralises appointment, supervision and administrative control with the Secretary and the Minister (Secretary operational, Minister advisory/recommendatory), reserves final removal power to the Governor on Ministerial recommendation (s 5(2); ss 28, 30-31), and places a mix of proscriptive duties and compliance liabilities on individual appointed justices (ss 16-20, 29, 36). It also abrogates assignments of justices by commission of the peace (s 37) and permits regulations to import external codes and training by reference (s 41(6)).
The Act is operative from a day to be proclaimed (s 2) and contains transitional arrangements for persons holding office immediately prior to commencement, including validation of some acts performed between commencement and a later validation day (s 45).
Main concepts
The statute constructs a succinct vocabulary and institutional architecture. Key statutory concepts and their mechanical consequences in the text are:
Appointed justice and justice: the Act separates "appointed justice" (a person appointed under ss 5 or 8) from "justice", which also includes magistrates (s 3 definitions). Many duties and sanctions attach specifically to "appointed justice", while magistrates are simply declared to be JPs by holding the magistrate office (s 9).
Eligible person: defined in s 5(1). Eligibility is multi-dimensional: age (18 to under 75 for initial appointment), Australian citizenship, sufficient English proficiency and understanding of the role (the Minister must be satisfied), ordinary residence in Tasmania, and likelihood to be reasonably available and active in the community, plus completion of any prescribed pre-appointment training. Each of these requirements is expressed as a condition to be assessed by the Minister (s 5(1)(c)).
Secretary / Minister / Governor roles: the Secretary administers forms, maintains the register, can require information and training, can suspend and handle revocations (ss 4, 16, 18, 21, 24, 38, 39). The Minister makes the recommendation to the Governor about removal (s 30) and the Governor formally appoints and removes (s 5(2), s 31(1)). Where an investigator reports grounds for removal, the Secretary transmits the report and his or her recommendations to the Minister (s 28(4)).
Duties and standards: statutory duties are both specific and delegable to regulation. They include responding to information requirements (s 16), notifying changes in circumstances within 21 days (s 17), undertaking prescribed training and professional development (s 18), being reasonably available and active (s 19), and complying with a code of conduct made by regulation (s 20). The regulations can define code content, training courses, record-keeping and create regulatory offences (s 41).
Supervision, investigation and sanctions: the Secretary may suspend where investigations are warranted, where a justice is charged with certain offences, or for failure to comply with training (s 21). The Secretary must authorise an internal investigator from the Department (s 26). Investigators provide a report containing findings about whether grounds for removal exist and must consider submissions from the justice within a 21-day window (ss 27-28). If grounds are found, the Minister may recommend removal to the Governor (s 30) and the Governor may remove the justice (s 31). Removal triggers publication in the Gazette and a 5-year bar to reappointment (ss 31-32).
Protection and limits: an appointed justice gets statutory protection from personal liability for acts done in good faith in the exercise of powers (s 13). However, common law powers conferred on a JP are exercisable only by magistrates (s 10(2)), creating a categorical distinction in the scope of powers available to appointed JPs vs magistrates.
Offences and penalties: impersonation (s 34), false/misleading information (s 35), and demanding/accepting fees for carrying out JP duties (s 36) are criminalised with specified penalties; regulations may create infractions up to 50 penalty units (s 41(4)).
The Act also includes structural devices: guideline-making by the Secretary (s 39), delegation (s 40), discretion to publish register content (s 38(2)), and a power to adopt external rules or codes into the regulations (s 41(6)-(7)). Transitional provisions (s 43) and a validation provision (s 45) are built into the Act to manage movement from the former legislative scheme.
Mechanically the Act privileges administrative control by the Secretary (information, training, suspension, publication, guidelines) while retaining political accountability for removals with the Minister and Governor (ss 28-31). Many of the duties are framed in mandatory form (an appointed justice "must" comply: ss 16(3), 17(2), 18(1), 19, 20), giving rise to potential compliance obligations and disciplinary consequences when breached (see ss 21, 24, 29).
Who it affects
This Act affects a defined set of actors and, by consequence, the public that interacts with JPs. The statute’s direct parties and practical implications for each are:
Appointed justices: the principal class. They are subject to the full suite of appointment eligibility (s 5), oath-taking prerequisite (s 6), reporting duties (ss 16-17), training and availability requirements (ss 18-19), code obligations (s 20), disciplinary exposure (ss 21-31), and offences (ss 34-36). Appointed justices may be reappointed under s 8 subject to age and Secretary satisfaction; they may resign (s 14(2)). They enjoy statutory immunity for acts done in good faith (s 13) and may use the title "Justice of the Peace" or "JP" (s 33).
Magistrates: the statute affirms that magistrates are JPs by virtue of holding the magistracy (s 9). This places magistrates outside some appointment controls (they are JPs by office) and gives them exclusive access to exercise common-law JP powers (s 10(2)). Magistrates are also exempt from s 36’s prohibition on accepting remuneration for JP duties if that remuneration is their magistrate salary (s 36(2)).
Applicants (members of the public seeking appointment): persons applying must use Secretary-approved forms and satisfy eligibility. The Minister must be satisfied on a number of subjective elements (s 5(1)(c)), including fitness, English proficiency and likely availability. Applicants bear compliance costs to meet pre-appointment training if prescribed (s 5(1)(d)).
Secretary and Department of Justice staff: operational responsibility rests with the Secretary. The Secretary decides on information requests (s 16), determines reappointments under s 8, suspends (s 21), issues notices and revocations (ss 22, 25), authorises investigators (s 26), maintains the register (s 38), issues guidelines (s 39), delegates powers (s 40), and provides recommendations to the Minister (s 28(4)). The Secretary’s decisions will shape how the office operates in practice; the Act includes multiple discretionary hooks for administrative action.
Minister and Governor: the Minister has a role in vetting eligibility (the Minister’s opinion feeds into "eligible person" in s 5(1)(c)), receives investigator reports and makes decisions about recommending removal (ss 28-30). The Governor formally makes appointments and removals on Ministerial recommendation (ss 5(2), 31(1)). The Minister’s discretion therefore controls removals in practice.
State Service officers/employees: the Act requires investigators to be State Service officers or employees employed in the Department (s 26), making investigations an internal administrative process. That affects who conducts investigative work and how investigatory capacity is resourced within the Department.
Employers of appointed justices: the offence against accepting fees for JP duties (s 36(1)) does not apply to remuneration paid by an employer for employment duties even if those employment duties include carrying out JP duties (s 36(3)). Employers therefore can remunerate employees who perform JP duties as part of their employment without contravening s 36.
Members of the public interacting with JPs: the Act creates criminal sanctions for impersonation (s 34) and for demanding/accepting fees (s 36), which affect the public’s protections when accessing JP services. The Secretary’s discretion to publish a register (s 38(2)) affects public access to information about who is an appointed justice.
Persons-appointed under the previous Justices Act 1959: s 43 creates transitional arrangements allowing those who notify the Secretary before commencement to be taken to have been appointed under the new Act (s 43(2)-(3), (5)-(6)). Section 45 provides a validation power for acts done between commencement and the validation day for certain persons.
Who pays and who decides: appointed justices incur time and training costs to meet the Act’s obligations (ss 16-20). The Secretary decides on information requisitions, suspensions, investigator authorisations, guidance and register publication (ss 16, 21, 26, 38, 39). The Minister decides whether to recommend removal (s 30) and the Governor makes final appointment/removal decisions (ss 5, 31).
Practical behavioural changes the Act tries to induce: applicants must meet specified eligibility hurdles; appointed justices must be active, trained and responsive to regulatory oversight; the Secretary and Minister exercise monitoring and sanctioning functions; and the public gains a statutory register and criminal protection against impersonation and fee-extraction.
Key duties and rights
This section summarises the principal statutory obligations imposed on appointed justices and the rights and protections the Act affords them. All paragraph references are to the Act provisions.
Key duties (mandatory language where the Act uses "must"):
Provide information on request: the Secretary may require information about name, address, contact details, dob, availability to exercise powers, duties carried out, matters required to be reported, potential grounds for suspension/removal, and other prescribed matters (s 16(1)). A request may be made once every 5 years as of right, or more frequently if the Secretary reasonably believes there may be contravention or grounds for suspension/removal (s 16(2)). The appointed justice must comply within a reasonable time (s 16(3)).
Notify changes in circumstances: the justice must notify the Secretary within 21 days of specified changes, including change of name/address/contact details; ceasing to be an Australian citizen; becoming insolvent; being charged with or found guilty of offences punishable by 6 months or more; and other prescribed changes (s 17(1)-(3)).
Undertake training / professional development: an appointed justice must complete any training or professional development prescribed by regulation and any training the Secretary requires (s 18(1)). The Secretary may require an individual or a whole class of justices to undertake specified training, by written notice, and is responsible for publishing or providing such notices (s 18(2)-(4)).
Be reasonably available and active: the justice must be reasonably available to exercise powers and reasonably active in doing so in areas where they reside or work (s 19). This is a continuous duty underpinning the Minister’s and Secretary’s assessment of whether the justice meets community needs (see s 5(1)(c)(iv)).
Comply with code(s) of conduct: the justice must comply with any codes prescribed by the regulations applying to all appointed justices or to a class of appointed justices (s 20). The regulations may list content areas for the code (conflicts of interest, confidentiality, competency etc.) (s 41(2)(a)).
Carry out statutory duties: a justice has duties imposed by this Act and by any other Act (s 15). That is a broad obligation that may attach other statutory responsibilities into the position by reference.
Rights and protections:
Use of title: a justice may use the title "Justice of the Peace" or "JP" after their name (s 33).
Protection from personal liability: a justice does not incur personal liability for acts done or omitted in good faith in exercising powers or duties, or in the reasonable belief the act was in exercise of the powers (s 13). This affords an indemnity-like protection for bona fide official acts.
Validity protection for acts: an act by an appointed justice is not invalid merely because of a defect in appointment, failure to take the oath required by s 6, suspension at the time of doing the act, or where the appointment had been terminated but the justice was unaware (s 12(1)). Similar protection applies to magistrates for defects in appointment as magistrate (s 12(2)). Those clauses protect third parties who relied on JP acts.
Right to resign: an appointed justice may resign by written notice to the Secretary (s 14(2)). A person responsible under the Guardianship and Administration Act may resign on behalf of a justice incapable of carrying out duties (s 14(3)-(4)). The resignation takes effect when the Secretary receives notice (s 14(5)).
Reappointment: appointed justices nearing the upper age threshold may apply for reappointment under s 7 within 6 months before turning 75 or within 6 months after appointment termination for age or term expiry (s 7). Reappointment under s 8 carries different age caps (must not have attained 84 years and 6 months; terminates at 85) and is a 2-year term (s 8(1)-(3), (6)). The Secretary determines reappointment under s 8(2).
Procedural protections in investigations: before an investigation begins, the investigator must give the justice written notice explaining the reason and informing of the right to make submissions within 21 days (s 27(2)). The investigator must consider any submissions before making a report (s 27(4)). Reports must include findings on whether removal grounds exist and, if so, state the grounds (s 28(1)). If no grounds are found, investigators may recommend remedial actions (s 28(2)-(3)).
Notice requirements for suspension and removal: the Secretary must provide written notice specifying grounds and effective date of suspension (s 22(1)-(2)). The Governor’s removal must be notified to the justice and published in the Gazette, and include reasons (s 31(2)-(3)). Those formalities create transparency and an administrative record.
Constraints and limits:
Common-law powers: the Act expressly limits common-law JP powers to magistrates (s 10(2)), narrowing the practical scope of powers available to appointed JPs in matters grounded in common law.
Offences and penalties: criminal sanctions apply for impersonation, false/misleading statements to Minister/Secretary/investigator (with a 3-year limitation period for prosecution s 35(2)), and demanding/accepting fees/gratuities (s 34-36). The maximum penalties are set out in the Act (e.g. up to 50 penalty units or 6 months imprisonment for impersonation or false info; up to 100 penalty units or 12 months imprisonment for taking fees) and regulations may impose additional fines for regulatory offences (s 41(4)).
In short, the Act imposes a structured set of compliance obligations on appointed justices, supplies protections to allow the office to function effectively, and embeds procedural safeguards for investigation and removal. Administrative actors (Secretary and Minister) are given broad operational discretion to regulate quality, availability and conduct.
Penalties and enforcement
The Act combines criminal offences, administrative sanctions and regulatory mechanisms to ensure compliance. Enforcement operates at several layers.
Criminal offences and statutory penalties
Impersonation (s 34): A person who is not a justice must not hold themself out to be a justice. Penalty is a fine not exceeding 50 penalty units or imprisonment up to 6 months, or both. The Act does not specify an enforcement agency; standard criminal processes would apply.
False or misleading information (s 35): It is an offence to make a statement knowing it to be false or misleading, or to omit matters so the statement is false or misleading, in providing information under the Act to the Minister, the Secretary or an investigator. Penalty: fine not exceeding 50 penalty units or imprisonment up to 6 months, or both. Proceedings for this offence may be commenced within 3 years from the alleged commission (s 35(2)).
Demanding or accepting fee, gratuity, etc. (s 36): A justice must not demand, take or accept any fee, gratuity, patronage or reward for carrying out JP duties. Penalty: fine not exceeding 100 penalty units or imprisonment up to 12 months, or both. Exceptions: remuneration to magistrates for their office (s 36(2)), and employer-paid remuneration to appointed justices for employment that includes JP duties (s 36(3)). Subsection (4) clarifies that it is immaterial whether the payment is to the appointed justice or another person or whether the appointed justice personally benefits.
Regulatory offences (s 41(4)): Regulations may designate contraventions of regulations as offences punishable by fines not exceeding 50 penalty units, and continuing offences may attract up to 10 penalty units per day during which the offence continues.
Administrative enforcement and internal disciplinary machinery
Suspension (s 21): The Secretary may suspend an appointed justice where: an investigation is warranted to determine grounds for revocation; the justice is charged with an offence referred to in s 14(1)(g) (i.e. offences with imprisonment of 6 months or more); or the justice has failed to undertake required training (s 21(1)). Suspension is not automatic: the Secretary may only suspend if satisfied the suspension is required to protect the administration of justice or because public confidence in the office may be damaged (s 21(2)). Notice of suspension must be provided with grounds and date of effect (s 22).
Investigations and reports (ss 26-28): The Secretary must authorise an investigator (a State Service officer or employee in the Department) to investigate conduct when suspension occurs on grounds other than being charged, or may authorise an investigation without suspension if the Secretary is satisfied an investigation is warranted (s 26). Investigators must give notice to the justice, allow 21 days for submissions, consider submissions, and then report findings to the Secretary (ss 27-28). If the investigator finds grounds for removal, the Secretary must forward the report and the Secretary’s recommendations to the Minister (s 28(4)). If no grounds are found, the investigator may recommend remedial actions (s 28(2)-(3)).
Secretary’s powers after a no-grounds report (s 28(6)): The Secretary may still require the justice to undertake actions such as apologising or training; the Secretary may determine that suspension continues until the requirement is complied with (s 28(7)).
Ministerial recommendation and Governor’s removal (ss 30-31): If an investigator finds grounds for removal, the Minister may recommend removal to the Governor (s 30(1)). The Minister may, however, decide not to recommend removal despite the investigator’s findings; the Minister must notify the Secretary of that decision and may require corrective actions instead (s 30(2)). The Governor may remove on the Minister’s recommendation (s 31(1)). Removal must be notified to the justice and published in the Gazette including reasons (s 31(2)-(3)). Removal triggers a 5-year bar to reappointment (s 32(1)).
Revocation of suspension (ss 24-25): Suspension continues until revoked, removal, or other specified events. The Secretary is required to revoke suspension if an investigator finds no grounds for removal (s 24(1)), but exceptions allow the Secretary to continue suspension where remedial actions are required (s 24(2)). Additionally, the Secretary must revoke suspension if a charge that prompted suspension is dismissed or the justice is found not guilty (s 24(5)), unless there are other grounds to continue suspension (s 24(6)). Revocation notices must be provided (s 25).
Procedural timeframes and protections
Prior notice and opportunity to respond in investigations: Investigators must provide written notice of reasons for investigation and provide 21 days for submissions (s 27(2)). Investigators cannot make reports until they have considered submissions made within the period (s 27(4)).
Suspensions for training non-compliance: The Secretary can suspend for failure to complete required training (s 21(1)(c)) and may continue suspension until the justice has complied with required training (s 24(8)).
Publication and transparency: Appointments and removals are notified in the Gazette (s 5(4); s 31(2)(b)). The Secretary keeps and may publish a register of appointed justices (s 38), and issues guidelines (s 39).
Who enforces and who bears costs
Criminal enforcement will follow ordinary prosecutorial channels for the listed offences; the Act does not specify a particular enforcement agency.
Administrative enforcement is concentrated within the Department and its Secretary: the Secretary initiates suspensions, commissions investigations (State Service officers/employees), receives investigator reports, makes recommendations, and acts on Ministerial directions. The Minister decides on recommending removal to the Governor (ss 28-31).
Costs: appointed justices bear compliance costs (training time and potential remedial obligations), possible reputational costs from suspension or removal, and the risk of criminal penalties for certain conduct. The Department bears investigatory and administrative costs; the Act centralises these functions within the Department.
Implementation risk and discretion points
Several key decisions are left to the Secretary and Minister with broad discretion: assessing "reasonably available and active" (s 19), determining whether suspension is required to "protect the administration of justice" or because "public confidence" may be damaged (s 21(2)), and whether to recommend removal despite an investigator’s finding (s 30). These discretionary hooks are standard in administrative regimes but create avenues for procedural challenge and require robust administrative processes and record-keeping to manage legal risk.
The Act permits the Secretary to continue suspension until remedial actions are completed (ss 24(2), 24(4), 28(7)), which can prolong restriction on a justice’s activities beyond the initial investigatory period.
In sum, the enforcement architecture blends criminal sanctions with administrative corrective and punitive measures centrally administered by the Secretary and politically supervised by the Minister and Governor. The Act provides formal process protections (notice, opportunity to make submissions, reporting obligations), while leaving substantive judgment and remedial options to administrative decision-makers.
How it interacts with other laws
The Act expressly cross-references and interacts with several statutes and bodies of law, and delegates scope for regulations to adopt or import external rules; these interactions matter for practitioners and administrators.
Express statutory interactions
Promissory Oaths Act 2015 (s 6): An appointed justice cannot exercise powers until the judicial oath is taken in accordance with the Promissory Oaths Act 2015 (s 6). This embeds oath-taking as a jurisdictional precondition and imports any procedural requirements from that Act.
Guardianship and Administration Act 1995 (s 14(3)): If an appointed justice is no longer capable of carrying out duties, a person responsible under the Guardianship and Administration Act may notify the Secretary and resign the justice on their behalf (s 14(3)-(4)). This links incapacity procedures for vulnerable adults to resignation of office.
Administrative Arrangements Act 1990 (s 42): Until an order under s 4 of that Act provides otherwise, the administration of this Act is assigned to the Minister for Justice and the Department of Justice (s 42). That situates the Act within existing administrative arrangements and may be altered by later order under the Administrative Arrangements Act.
Justices Act 1959 (s 43): The Act replaces and transitions persons appointed under s 4(1) of the 1959 Act into the new regime; s 43 details how pre-commencement appointees may notify to continue and be treated as appointed under this Act. Many instrument references to the repealed Act are taken to be references to corresponding provisions of this Act (s 43(3), (6)).
Validation Act 2021 (s 45): Section 45, inserted by the Validation Act 2021, validates certain acts of persons who purported to perform JP functions between commencement and a later validation day, under specified conditions (s 45(2)-(2)(e)). This provision creates retrospective validation for acts that otherwise might have been invalid due to transitional ambiguities.
Interaction with common law and criminal law
Common-law powers (s 10(2)): The Act clarifies that a power conferred on a Justice of the Peace at common law is exercisable only by a justice who is a magistrate. This statutory allocation affects the interplay between statutory JP powers and common-law JP powers, effectively channeling any common-law JP jurisdiction to magistrates.
Offences and general criminal law: The Act creates standalone offences (ss 34-36) which will be prosecuted under general criminal procedure; other criminal or civil liabilities remain governed by general Tasmanian law.
Regulatory and adoption mechanisms
Regulations may adopt rules, codes or guidelines either wholly or in part, with or without modification, and may incorporate amendments (s 41(6)-(7)). That enables the regulations under this Act to import external professional codes, competency standards, or training material by reference rather than replicating them in the Act. Practically, the content and enforceability of the code of conduct or training curricula may be shaped by external instruments imported via regulation.
Regulations can create offences and penalties (s 41(4)), meaning further compliance obligations and penalties can be enacted without further primary legislation. The regulations may also specify the records to be kept by appointed justices (s 41(2)(c)).
Administrative law and rights of review
The Act’s disciplinary mechanics (s 21 Secretary suspension, s 26 authorising investigators, s 28 investigator reports, s 30 Minister recommendation, s 31 Governor removal) are administrative decisions. The Act does not specify internal appeal rights against suspension, Secretary directions, or Minister decisions. That absence in the Act means affected persons could seek review through general administrative law remedies (not set out in the Act text), but the Act itself provides the statutory process and formal notice requirements that will be relevant to any judicial review challenge.
Publication and privacy interactions: The Secretary maintains a register containing personal data (s 38(1)) and may publish it or parts of it (s 38(2)). That intersects with privacy expectations and any applicable information access laws outside the Act.
Transitional consequences
The Act’s transitional provisions (s 43) and the validation clause (s 45) mediate continuity from the 1959 Act. For persons previously appointed, the Act provides pathways to be treated as appointed under specified sections (s 43(3), (6)) and validates certain acts performed during the transition (s 45). These provisions interact with wider property, contract and administrative consequences if questions had arisen about the validity of pre-commencement acts.
Practical consequences for practitioners
The explicit references to other legislation (Promissory Oaths Act 2015, Guardianship and Administration Act 1995, Administrative Arrangements Act 1990, and the Validation Act 2021) create cross-instrument compliance obligations: oath procedures, guardianship/responsibility mechanisms, departmental assignment and transitional validation are all governed by other statutes referenced in the Act. Practitioners must therefore consult those instruments when operationalising the Act’s provisions.
The regulations’ power to adopt external standards by reference means the substantive duties and training content could be determined outside primary legislation, increasing the importance of monitoring regulatory instruments.
Overall, the Act operates within a web of statutory instruments: it imports procedural preconditions, delegates content to regulation (including adopting external rules), and sets up administrative processes that will interact with general administrative law. The Act itself prescribes core processes and sanctions, but much of operational detail will be supplied by the regulations and Departmental guidelines.
Amendment history
The Act text supplied contains limited explicit amendment history notes. From that material the following are the documented amendment and transitional events:
Insertion of s 45 by the Validation Act 2021: Section 45 is noted as being inserted by No. 19 of 2021, s 12, and applied 05 Nov 2021. The section defines "amending Act" as the Validation Act 2021 and creates a retrospective validation mechanism for certain persons who held office immediately before commencement but did not notify the Secretary to continue (s 45(1)-(2)(a)-(e)). The mechanics and defined terms in s 45 identify the Validation Act 2021 as an amending Act that inserted this s 45 text.
Commencement: Section 2 provides that the Act commences on a day to be proclaimed. No specific proclamation date is included in the supplied text; commencement is therefore by proclamation (s 2).
Transitional and savings provisions: Section 43 contains a detailed transitional scheme for persons who held office under the former Justices Act 1959 immediately before commencement. It sets out notification windows, the effect of notification, automatic conversion of appointment to the new Act where eligible, treatment of those not notifying or not eligible (termination of appointment on commencement day), and special treatment for those who are 75 or older (s 43(2)-(8)). Section 43 also interprets assignments under a commission of the peace as being treated as if appointed under the former Act for the purposes of transitional arrangements (s 43(8)).
Consequential amendments: Section 44 cross-references Schedule 1 which is headed "Consequential Amendments" and refers to the Justices Act 1959; the text includes a heading but the supplied text does not list the specific consequential amendments beyond that cross-reference. The Schedule exists to align other statutes (not reproduced in full here) with the new Act.
Notes in the text: Section 45 contains a bracketed editorial note indicating its insertion by the Validation Act 2021 and the applied date. Apart from that and the transitional provisions, the supplied text contains no further amendment history, repeal dates, or subsequent amendment entries.
What the supplied text does not say
No other amendment Acts, later repeal dates, or legislative amendments are recorded in the provided text. If there have been subsequent amendments beyond the Validation Act 2021 insertion of s 45, they are not reflected in the provided material.
The Act leaves open the commencement proclamation date (s 2), so legislative timing for certain rights and transitional windows depends on that proclamation and any subsequent regulatory or administrative steps taken by the Secretary and Minister.
Practical relevance
Practitioners should note the Validation Act 2021 insertion of s 45 as a retroactive stabiliser for acts performed in the transition period. The transitional s 43 gives concrete rules for converting pre-commencement officers into the new statutory regime and for reappointment timelines.
Schedule 1 is referenced for consequential amendments to the Justices Act 1959, but the supplied text does not reproduce the Schedule’s full content; users seeking the full amendment history should consult the consolidated legislation and parliamentary records for the Schedule and any subsequent amending Acts.
In short, the supplied text shows the Act coming into force by proclamation, contains detailed transitional and saving provisions for the move from the former 1959 Act, and documents at least one post-enactment insertion of s 45 by the Validation Act 2021. No further amendment history is contained in the source provided.
Litigation history
The Act text itself does not provide a litigation history. There are no cases named or judicial decisions reproduced in the supplied material. The statute contains procedural and statutory hooks that could give rise to litigation in practice, which practitioners should anticipate, but the Act text does not record any judicial interpretation or past litigation.
Points of legal exposure that frequently generate litigation (as implied by the statutory design)
Administrative decision-making: The Act vests significant discretionary functions in the Secretary (s 16 information requisitions; s 21 suspension; s 24 revocation; s 28 recommendations; s 38 register publication; s 39 guidelines) and in the Minister (s 30 recommendations on removal). Administrative decisions about suspension, continuation of suspension until compliance with remedial steps (ss 24(2), 28(7)), and the Minister’s decision not to recommend removal despite an investigator’s findings (s 30(2)) can be subject to scrutiny for procedural fairness and reasonableness under general administrative law principles. The Act does not itself create an internal merits appeal for these decisions, so judicial review may be the available recourse in practice.
Procedural fairness in investigations: The investigator must give notice and afford a 21-day window for submissions (s 27(2)), but other procedural safeguards are not detailed (for example, rights to legal representation, access to evidence, or cross-examination). Challenges could arise if an investigator’s procedures are alleged to be unfair or if the Secretary acts on an investigator’s report without adequate procedural steps.
Interpretation of subjective standards: Terms such as "fit and proper person" (s 5(1)(c)(v)), "reasonably available to exercise the powers" (s 5(1)(c)(iv); s 19), and "brought the office...into disrepute" (s 29(g)) are subjective and may spawn factual disputes suitable for judicial review where decisions are contested.
Validity of acts during transition: The validation provision (s 45) addresses some transitional uncertainty, but challenges could still arise over acts done by persons who were not properly appointed under the new regime until validation day. Section 45 attempts to cure that for certain persons; litigation may have tested the scope or limits of that provision (none are cited in the statute text).
Publication of personal data: The Secretary’s discretion to publish the register (s 38(2)) may intersect with privacy interests and information access laws outside the Act, potentially giving rise to litigation if publication is challenged.
What the statute provides in lieu of litigation history
Because the Act does not specify appeal rights or an internal tribunal for merits review of suspension or removal, the statutory process relies on internal administrative steps (investigation, ministerial recommendation, Governorial removal) and on use of fundamental procedural protections (notice, submission periods). The Act’s silence on appeal routes means judicial review and general administrative law remedies are likely the external checks, but the Act itself does not document litigation outcomes or precedents.
Conclusion for users seeking litigation records
The Act text contains no litigation history or reported cases. Practitioners who require case law interpreting the Act or judicial decisions concerning its operation must search beyond this text for reported decisions or administrative determinations in Tasmanian courts or tribunals addressing the Act, its transitional provisions, or disputes arising from its disciplinary processes.
Gotchas
The Act contains several provisions that create practical traps or require careful administrative handling. These are concrete operational risks and compliance pressures rooted in the text.
Age thresholds and reappointment mechanics
Initial appointment eligibility requires the applicant to be under age 75 (s 5(1)(a)). Reappointment rules under s 8 allow appointment up to 84 years and 6 months but terminate appointments at age 85 (s 8(1)(a), (6)). Practitioners must track exact dates: s 8(3) fixes a 2-year reappointment term commencing on the termination of the current appointment, irrespective of whether termination occurred before or after reappointment. Missing the narrow notification windows in s 7 may cause automatic termination at 75.
Ordinary residence and availability requirements
Eligibility and reappointment require that a person "ordinarily resides in Tasmania" (s 5(1)(c)(iii); s 8(1)(c)(i)) and be "likely to be reasonably available" and "reasonably active" (s 5(1)(c)(iv); s 19). Those terms are fact-sensitive and assessed by the Minister or Secretary. Practically, a JP who moves interstate or spends extended time away risks termination under s 14(1)(e) or administrative action for failing to be reasonably available.
Minister and Secretary subjective assessments
The Minister must be satisfied on many eligibility points (s 5(1)(c)), and the Secretary has broad discretion in reappointment and administrative action (s 8(2), ss 21-24). Subjective standards such as "fit and proper person" (s 5(1)(c)(v)) and "brought into disrepute" (s 29(g)) create uncertainty and require careful administrative record-keeping to defend decisions.
Oath requirement as jurisdictional precondition
An appointed justice is not entitled to exercise powers until taking the judicial oath (s 6). Section 12 protects acts retrospectively in some circumstances, but relying on s 12’s protective language may be risky for third parties. Ensure oath-taking occurs before acting.
Secretary’s information powers and frequency limits
The Secretary may require information not more than once every 5 years as of right (s 16(2)(a)), but may make additional demands where there is reasonable belief of contravention or grounds for suspension/removal (s 16(2)(b)). Failure to comply "within a reasonable time" is a statutory requirement (s 16(3)). The Act does not set a precise timeline for "reasonable time", hence compliance timing should be conservative.
Training obligations and suspension for failure to comply
Mandatory training exists: appointed justices must undertake prescribed training and the Secretary may require specified training (s 18). Failure to complete training can be a ground for suspension (s 21(1)(c)) and the Secretary may continue suspension until training is completed (s 24(8)). Practically, justices should document completion and training attendance and employers should ensure employees performing JP duties who are remunerated do so in a manner consistent with s 36(3).
Investigation process timing and extensions
Investigators must allow 21 days for submissions (s 27(2)); they may extend by agreement (s 27(3)). Investigators must consider submissions before reporting (s 27(4)). However, there is no statutory upper limit on the duration of investigations; extended suspensions can follow. Secretarial discretion to continue suspension pending compliance with remedial steps may prolong suspension (ss 24(2), 28(7)).
Subjective removal grounds and reputational risk
Removal grounds include subjective and cumulative criteria such as "serious or repeated breaches of the code of conduct", failure to undertake training, failure to carry out duties on at least three occasions, and having "brought the office into disrepute" (s 29(a)-(g)). These categories allow for removal on reputational or conduct bases that can be contested and are factually contestable. Removal must be published in the Gazette and includes reasons (s 31(2)-(3)), creating public reputational consequences.
Fees and gratuities prohibition with narrow exceptions
Section 36(1) bars JPs from demanding or accepting fees for carrying out duties, punishable by significant penalties. Exceptions include magistrates’ remuneration (s 36(2)) and employer-paid remuneration to employees whose role includes JP duties (s 36(3)). The structure means volunteer JPs cannot request or accept payment in private practice; employers should structure remuneration to align with s 36(3) if an employee’s existing role includes JP duties.
Publication discretion and privacy
The Secretary may publish the register or parts of it "if he or she considers it appropriate and convenient" and in such manner as considered appropriate (s 38(2)). That discretion has privacy and reputational implications; practices for publication should be set out in guidelines to minimise inadvertent disclosure.
Regulatory adoption of external codes
Regulations may adopt external rules, codes or guidelines by reference (s 41(6)-(7)). That makes it critical to monitor regulatory instruments and any external codes referenced; obligations can change by regulatory amendment without the need for primary legislation.
Validation and retroactivity complexities
Section 45 validates certain acts performed between commencement day and the validation day for persons who were office-holders immediately before commencement but did not notify the Secretary before commencement to continue. Practitioners should not assume universal retrospective validation; eligibility conditions in s 45 must be satisfied.
In short, the "gotchas" are primarily administrative and procedural: precise age and notification cut-offs; subjective fitness and availability assessments; mandatory training tied to suspension; the Secretary’s wide information and suspension powers; exposure to criminal penalties for certain acts; and the capacity for regulations to import external obligations. Practitioners should document compliance steps, training, oath-taking, availability, and any contacts with the Secretary to mitigate these risks.
How to comply
This section distils concrete steps for prospective applicants, appointed justices, the Department (Secretary), and employers to meet statutory duties and reduce legal and operational risk.
For applicants seeking appointment
Use the Secretary-approved form and lodge with the Secretary (s 4(2)). Confirm the current form and lodging instructions with the Department of Justice.
Ensure eligibility under s 5(1): be between 18 and (under) 75 years for initial appointment; be an Australian citizen; ordinarily reside in Tasmania; demonstrate English proficiency and understanding of JP duties; and be likely to be reasonably available and active in the local community (s 5(1)(a)-(d)). Be prepared to supply evidence supporting these elements.
Complete any pre-appointment training required by regulation (s 5(1)(d)). Confirm what training is prescribed and when it must be completed.
On appointment and ongoing compliance (appointed justices)
Take the judicial oath promptly under the Promissory Oaths Act 2015 before exercising any JP powers (s 6).
Maintain contact details and respond to Secretary requests for information. The Secretary may require information not more than once every five years as of right, and more often if reasonable grounds exist to suspect contravention or grounds for suspension/removal (s 16(1)-(3)). Respond within a reasonable time and keep copies of submissions.
Notify the Secretary in writing within 21 days of any change in circumstances listed in s 17(1) (name, address, citizenship status, insolvency, criminal charges/convictions, and any other prescribed changes). Where charged with an offence specified in s 17(1)(d), notify the Secretary of the outcome within 21 days after determination (s 17(3)).
Ensure completion of all training and professional development required by regulation or requested by the Secretary (s 18). Keep records and receipts of attendance, course content, and assessments in case the Secretary queries compliance or requires proof.
Be reasonably available and active in the areas where you reside or work (s 19). If extended absences are planned, notify the Secretary and arrange coverage or temporary measures to ensure community needs are met.
Adopt and adhere to the code of conduct prescribed by regulation (s 20 and s 41(2)(a)). Obtain and review the code applicable to your class, seek clarification from the Department on ambiguous standards, and document compliance efforts.
Do not demand, take or accept fees, gratuities, patronage or rewards for JP duties (s 36(1)). If you receive employer remuneration that includes JP duties, confirm that it meets the s 36(3) exception and ensure employment records reflect that remuneration is paid as salary for employment duties including JP functions.
Keep any records required by regulations (s 41(2)(c)), and comply with data handling and confidentiality obligations potentially contained in the code of conduct (s 41(2)(a)(iv)).
If subject to investigation or suspension
Expect written notice of any proposed investigation with reasons and a 21-day window to make submissions (s 27(2)). Consider preparing written submissions summarising relevant facts, training records, witness statements, and any remediation already undertaken.
If suspended, expect written notice specifying grounds and the effective date (s 22). The suspension continues until revoked, removal, or other specified event (s 23). Keep communication channels open with the Secretary, comply promptly with any remedial steps required (training, apology), as the Secretary may continue a suspension until compliance (ss 24(2), 28(7)).
If an investigator’s report finds no grounds, request the Secretary in writing to revoke any suspension promptly (s 24(1)), and seek written confirmation of revocation (s 25).
For reappointment
Follow s 7 timing: apply for reappointment within 6 months before age 75 (s 7(1)), or within 6 months after termination if the termination was due to age or term expiry (s 7(2)). Use the Secretary-approved form (s 7(3)).
For reappointment under s 8, verify eligibility (must not have attained 84 years 6 months; Secretary’s opinion on residence, prior active service, likelihood to continue serving, and fitness) and note reappointment under s 8(3) runs for 2 years from termination date, and ends at age 85 (s 8(1), (3), (6)).
For the Secretary and Departmental officers
Maintain and make available the Secretary-approved application and reappointment forms (ss 4, 7).
Keep and manage the register of justices with required data fields and ensure publication policies for register content are documented and legally compliant (s 38). Retain accurate appointment, termination, and age data (s 38(1)(a)-(d)).
Issue guidelines and publish them where appropriate for transparency (s 39). Guidelines should outline appointment processes, complaint handling, duty expectations, training content, reporting requirements, and investigatory process steps.
Use s 16 sparingly and supported by records: information demands outside the once-every-five-years default should be documented with the Secretary’s reasonable belief that contravention or grounds for suspension/removal exist (s 16(2)(b)). Set internal templates, timelines and escalation paths for responding to justices.
Ensure investigations are properly authorised and conducted by State Service officers or employees within the Department (s 26). Provide investigators with clear terms of reference, ensure they give notices required by s 27(2), and maintain records of submissions and investigator consideration (s 27(4); s 28).
Where suspension is imposed, ensure the Secretary is satisfied the suspension meets the s 21(2) threshold (to protect the administration of justice or because public confidence may be damaged). Document reasons, proportionality and anticipated duration.
When an investigator finds grounds for removal, forward the report and Secretary’s recommendations to the Minister without delay (s 28(4)). If no grounds are found, consider whether remedial directions are appropriate (s 28(6)) and whether continued suspension pending compliance is proportionate (s 28(7)).
When directing training or remedial steps, provide clear written notices and timelines, and allow reasonable opportunity for compliance to avoid procedural unfairness allegations. Use s 24 and s 28(7) powers consistently and document reasoning where suspension is continued pending compliance.
Coordinate with the Minister on recommendations for removal (s 30), and ensure Gazette notices of appointment and removal are timely (ss 5(4), 31(2)(b)). Ensure removal notices include reasons (s 31(3)).
For employers of appointed justices
Structure remuneration so that any payment for JP-related duties is integrated into salary as employment remuneration if the position includes JP duties (s 36(3)). Maintain employment contracts and payroll records that clearly identify duties and remuneration to rely on the statutory exception.
Ensure employees who are JPs have access to required training and time to complete it to avoid suspension for non-compliance (ss 18, 21(1)(c)).
Monitoring and regulatory engagement
Track regulations and codes prescribed under s 41, especially any adoption by reference of external rules under s 41(6)-(7). Many operative duties will be fleshed out in regulations (training courses, codes of conduct, records).
Keep abreast of Departmental guidelines (s 39) and Secretary notices under s 18(3) requiring training for classes of justices.
Record-keeping and evidence
Maintain contemporaneous records of oath-taking (s 6), training attendance and completion (s 18), availability and activity logs (s 19), replies to Secretary information requests (s 16), and any communications about investigations or remedial steps (ss 22-28). Good records reduce risk in administrative reviews and prosecutions for false or misleading statements (s 35).
In short, compliance requires proactive administrative habits: take the oath; complete and document training; respond promptly to information and change-notification requirements within statutory timeframes; avoid accepting private payments; and maintain clear records and communication with the Secretary. Departments should operationalise investigations and suspension with clear written procedures and decision records to withstand administrative and legal scrutiny.
removal from the office of Justice of the Peace means the revocation of the appointment as Justice of the Peace of an appointed justice;
Secretary means the Secretary of the Department.
Part 2 Appointment and Powers of Justices of the Peace
Part 2 Appointment and Powers of Justices of the Peace
4 Application to be appointed as justice
4 Application to be appointed as justice
(1) A person may apply to be appointed as a Justice of the Peace.
(2) An application is to be –
(a) in a form approved by the Secretary; and
(b) lodged with the Secretary.
5 Appointment of justice
5 Appointment of justice
(1) In this section –
eligible person means a person who –
(a) has attained the age of 18 years but has not attained the age of 75 years; and
(b) is an Australian citizen; and
(c) in the opinion of the Minister –
(i) understands the role and duties of a justice; and
(ii) has sufficient proficiency in the English language to carry out the duties of a justice; and
(iii) ordinarily resides in Tasmania; and
(iv) is likely to be reasonably available to exercise the powers of a justice for the purpose of meeting the needs of the community in the area in which he or she resides or works and to be reasonably active in doing so; and
(v) is a fit and proper person to hold the office of Justice of the Peace; and
(d) has completed any training required by the regulations to be undertaken before being appointed as a Justice of the Peace.
(2) The Governor may appoint such eligible persons resident in Tasmania as he or she thinks appropriate to the office of Justice of the Peace for Tasmania.
(3) Despite subsection (2) , the Governor may only appoint an eligible person as a Justice of the Peace if satisfied that there is a need for a Justice of the Peace, or another Justice of the Peace, in the area in which the eligible person resides or works.
(4) An appointment of a person as a Justice of the Peace is to be notified in the Gazette.
6 Oaths to be taken by justices
6 Oaths to be taken by justices
An appointed justice is not entitled to exercise any of the powers of the office of Justice of the Peace until he or she has taken the judicial oath in accordance with the Promissory Oaths Act 2015 on that appointment.
7 Application for reappointment as appointed justice
7 Application for reappointment as appointed justice
(1) An appointed justice may apply for reappointment as a Justice of the Peace within 6 months before he or she attains the age of 75 years or the term of his or her appointment expires.
(2) A person who was an appointed justice may apply for reappointment as a Justice of the Peace within 6 months after his or her appointment was terminated if the termination occurred because he or she attained the age of 75 years or the term of his or her appointment expired.
(3) An application is to be –
(a) in a form approved by the Secretary; and
(b) lodged with the Secretary.
8 Reappointment as Justice of the Peace
8 Reappointment as Justice of the Peace
(1) An appointed justice or a person referred to in section 7(2) is eligible to be appointed as a Justice of a Peace under this section if he or she –
(a) has not attained the age of 84 years and 6 months; and
(b) is an Australian citizen; and
(c) in the opinion of the Secretary –
(i) ordinarily resides in Tasmania; and
(ii) before the termination of the appointment is or was actively serving the community in the office of Justice of the Peace; and
(iii) is likely to continue to actively serve the community in the office of Justice of the Peace if reappointed; and
(d) continues to be a fit and proper person to hold the office of Justice of the Peace.
(2) On receipt of an application made under section 7 , the Secretary may appoint the applicant to the office of Justice of the Peace if he or she considers that the applicant is eligible to be so appointed.
(3) An appointment under this section is for the term of 2 years commencing on the termination of the current or immediately preceding appointment to the office of Justice of the Peace, regardless of whether that current or preceding appointment is terminated before or after the reappointment.
(4) An appointment under this section to the office of Justice of the Peace is to be notified in the Gazette.
(5) Section 6 does not apply in relation to an appointment under this section to the office of Justice of the Peace.
(6) Despite subsection (3) , an appointment under this section terminates when the appointed justice attains the age of 85 years.
(7) If an appointed justice applies for reappointment before his or her appointment is terminated but the Secretary does not determine the application until after that termination, that appointment, for all purposes other than subsection (3) , is taken to continue until the application is determined.
9 Magistrates as justices
9 Magistrates as justices
A magistrate is a Justice of the Peace by virtue of holding the office of magistrate.
10 Powers of justices
10 Powers of justices
(1) A justice may exercise the powers conferred on a Justice of the Peace by –
(a) this and any other Act; and
(b) any other law.
(2) Despite subsection (1)(b) , a power conferred on a Justice of the Peace at common law is exercisable only by a justice who is a magistrate.
11 Ratepayer not disabled from acting as justice
11 Ratepayer not disabled from acting as justice
A justice is not disabled from exercising the powers of a Justice of the Peace in any matter relating to a municipal area by reason only of being –
(a) a ratepayer; or
(b) a member of, or interested in, the concerns of the council.
12 Validity of acts of justice
12 Validity of acts of justice
(1) An act by an appointed justice in his or her capacity as a Justice of the Peace is not invalid only because –
(a) of a defect or irregularity in, or in connection with, his or her appointment as a Justice of the Peace; or
(b) of the failure of the justice to take an oath or affirmation of office as required by section 6 ; or
(c) the justice is suspended from the office of Justice of the Peace at the time of doing the act; or
(d) the appointment of the justice was terminated under section 43(4) before the doing of the act but, at the time of the doing of the act, the justice was unaware of the termination of the appointment.
(2) An act by a magistrate in his or her capacity as a Justice of the Peace is not invalid only because of a defect or irregularity in, or in connection with, his or her appointment as a magistrate.
13 Protection from liability
13 Protection from liability
A justice does not incur any personal liability in respect of any act done or omitted to be done in good faith –
(a) in the exercise or performance of a power or duty of a justice; or
(b) in the reasonable belief that the act or omission was in the exercise or performance of a power or duty of a justice.
14 Termination of appointment as Justice of the Peace, &c.
14 Termination of appointment as Justice of the Peace, &c.
(1) An appointed justice ceases to hold the office of Justice of the Peace, and his or her instrument of appointment is terminated, if –
(a) the justice resigns from the office of Justice of the Peace; or
(b) the justice attains the age of 75 years; or
(c) the justice's appointment under section 8 expires or is terminated by reason of section 8(6) when the justice attains the age of 85 years; or
(d) the justice ceases to be an Australian citizen; or
(e) the justice ceases to reside ordinarily in Tasmania; or
(f) the justice becomes insolvent; or
(g) the justice is 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 Tasmania, would constitute an offence referred to in subparagraph (i) ; or
(h) the justice is removed from office under section 31 .
(2) At any time, an appointed justice may resign from the office of Justice of the Peace by notifying the Secretary, in writing, of the resignation.
(3) If an appointed justice is no longer capable of carrying out the duties of a Justice of the Peace for any reason, a person responsible for the justice, within the meaning of the Guardianship and Administration Act 1995 , may notify the Secretary, in writing, of that fact and, on behalf of the justice, resign the justice from the office of Justice of the Peace.
(4) A notice under subsection (3) is not valid for the purposes of the resignation of an appointed justice from the office of Justice of the Peace unless accompanied by a certificate from a medical practitioner, or a statutory declaration by the person responsible, stating that the justice is incapable of carrying out the duties of a Justice of the Peace.
(5) The resignation of an appointed justice takes effect when the notice of resignation is received by the Secretary.
(6) A justice who holds the office of Justice of the Peace because he or she is a magistrate ceases to hold the office of Justice of the Peace if the justice ceases to hold the office of magistrate.
Part 3 Duties of Justices
Part 3 Duties of Justices
15 Duties of justices
15 Duties of justices
A justice has the duties imposed by this Act and by any other Act.
16 Providing information to Secretary
16 Providing information to Secretary
(1) The Secretary, in writing, may require an appointed justice to provide to the Secretary information relating to one or more of the following:
(a) the name, residential address and contact details of the justice;
(b) the date of birth of the justice;
(c) the extent to which the justice has been, or proposes to be, available to exercise the powers of a justice for the purpose of meeting the needs of the community where he or she works or resides;
(d) the carrying out of the justice's duties;
(e) any matter that the justice is required to report to the Secretary;
(f) any matter that may be a ground for suspension of the justice or removal of the justice from the office of Justice of the Peace;
(g) any other prescribed matter.
(2) A requirement may be made –
(a) at any time but not more than once in every 5 years; or
(b) at any time, regardless of when the last requirement was made, if the Secretary reasonably believes that –
(i) the justice may have contravened a requirement of this Act or any other Act; or
(ii) there may be grounds for the suspension of the justice or the removal of the justice from the office of Justice of the Peace.
(3) An appointed justice must comply with a requirement within a reasonable time.
17 Notifying of change in circumstances
17 Notifying of change in circumstances
(1) In this section –
change in circumstances, in relation to an appointed justice, means any of the following changes in circumstances:
(a) a change in the name, residential address or contact details of the justice;
(b) the justice ceases to be an Australian citizen;
(c) the justice becomes insolvent;
(d) the 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 Tasmania, would constitute an offence referred to in subparagraph (i) ;
(e) any other change in circumstances prescribed by the regulations.
(2) Not later than 21 days after a change in his or her circumstances, an appointed justice must notify the Secretary, in writing, of that change.
(3) An appointed justice who has been charged with an offence referred to in paragraph (d)(i) or (ii) of the definition of change in circumstances in subsection (1) must notify the Secretary, in writing, of the outcome of the proceedings on the charge within 21 days after the charge has been determined.
18 Requirement to undertake training or professional development
18 Requirement to undertake training or professional development
(1) An appointed justice must undertake and complete –
(a) any training or professional development prescribed by the regulations; and
(b) any training that the Secretary requires to be undertaken by the justice or a class of appointed justices of which the justice is a member.
(2) The Secretary may require an individual appointed justice, by written notice provided to the justice, to undertake the training or professional development specified in the notice.
(3) The Secretary may require all members of a class of appointed justices specified in a notice published on the
This is an opening excerpt, not the complete document.