Justices of the Peace and Commissioners for Declarations Act 1991
sec.17Suitability for appointment
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sec.17 Suitability for appointment
In deciding whether a person is suitable to be appointed as a justice of the peace or a commissioner for declarations, or continue to hold office, the chief executive may consider— the person’s character and standing in the community; and anything that may affect the person’s ability to competently fulfil the duties of a justice of the peace or a commissioner for declarations; and whether the person has ever— held an occupational licence that has been suspended or revoked; or been disqualified from holding an occupational licence; and whether the person has ever been convicted of an offence and, if so— the number of offences of which the person has been convicted; and the following matters relating to each offence— the nature and seriousness of the offence; the penalty imposed for the offence; the person’s age when they committed the offence; how long ago the person committed the offence; and for a person holding office or who has held office—whether the person has ever contravened the code of conduct without reasonable excuse and, if so, the number, recency, nature and seriousness of the contraventions; and anything else relevant to the person’s suitability to hold office. In this section— occupational licence means a licence, permit or other authority to work in a profession, business, trade or industry. office means office as an appointed justice of the peace or appointed commissioner for declarations. revoked includes cancelled. s 17 amd 1991 No. 97 s 3 sch 1 ; 1993 No. 76 s 3 sch 1 ; 1995 No. 58 s 4 sch 2 ; 2000 No. 16 s 590 sch 1 pt 2 ; 2007 No. 37 s 100 sch sub 2008 No. 59 s 78 ; 2023 No. 23 s 90 (sec.17-ssec.1) In deciding whether a person is suitable to be appointed as a justice of the peace or a commissioner for declarations, or continue to hold office, the chief executive may consider— the person’s character and standing in the community; and anything that may affect the person’s ability to competently fulfil the duties of a justice of the peace or a commissioner for declarations; and whether the person has ever— held an occupational licence that has been suspended or revoked; or been disqualified from holding an occupational licence; and whether the person has ever been convicted of an offence and, if so— the number of offences of which the person has been convicted; and the following matters relating to each offence— the nature and seriousness of the offence; the penalty imposed for the offence; the person’s age when they committed the offence; how long ago the person committed the offence; and for a person holding office or who has held office—whether the person has ever contravened the code of conduct without reasonable excuse and, if so, the number, recency, nature and seriousness of the contraventions; and anything else relevant to the person’s suitability to hold office. (sec.17-ssec.2) In this section— occupational licence means a licence, permit or other authority to work in a profession, business, trade or industry. office means office as an appointed justice of the peace or appointed commissioner for declarations. revoked includes cancelled.