VersionNo. 010
Honorary Justices Act2014
No. 32 of 2014
Version incorporating amendments as at
1 September 2016
TABLE OF PROVISIONS
SectionPage
1
SectionPage
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
Part 2—Justices of the peace
Division 1—Powers of justices of the peace
4Powers
5Protection from liability
6Public Administration Act 2004 does not apply
Division 2—Appointment of justices of the peace
7Appointment
8Oath of office
9Validity of things done
10Vacation of office
Part 3—Bail justices
Division 1—Powers and functions of bail justices
11Powers and functions
12Protection from liability
13Public Administration Act 2004 does not apply
Division 2—Appointment and re-appointment of bailjustices
14Appointment
15Re-appointment
16Oath of office
17Term of appointment
18Certain office-holders to be bail justices
19Validity of things done
20Vacation of office
Part 4—Requirements of honorary justices
Division 1—Requirement of justices of the peace to provide certain information
21Provision of information to the Secretary
Division 2—Requirements of honorary justices
22Requirement to notify Secretary of change in circumstances
23Requirement to undertake training or professional development
24Requirement to be reasonably available and active
25Requirement to comply with code of conduct
Part 5—Suspension and removal from office
26Application of Part
27Suspension for failure to undertake training or professional development
28Suspension on other grounds
29Notice of suspension
30Suspension of honorary justice
31Appointment of investigator
32Investigation
33Grounds for removal
34Recommendation that honorary justice be removed from office
35Findings that facts do not exist which could constitute grounds for removal
36Notification to honorary justice of revoking of suspension
37Removal from office
38Re-appointment after removal
Part 6—Use of titles
39Use of title by person holding office
40Permission for retired person to use title
41Requirements applying to retired person permitted to use title
42Cessation or revocation of permission to use title
Part 7—Offences
43Impersonating honorary justice
44Use of title without authorisation
45False or misleading information
46Demanding, taking or accepting fee, gratuity etc.
Part 8—General
47Delegation by the Secretary
48Guidelines
49Regulations
Part 9—Transitional provisions
51Definition
52General transitional provisions
53Justices of the peace
54Bail justices
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 010
Honorary Justices Act2014
No. 32 of 2014
Version incorporating amendments as at
1 September 2016
1
Part 1—Preliminary
Honorary Justices Act2014
No. 32 of 2014
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to provide for the appointment of justices of the peace and bail justices, together to be known as honorary justices; and
(b) to specify requirements of honorary justices in relation to the provision of information and training; and
(c) to provide for a code of conduct applying to honorary justices; and
(d)to set out the procedures for the suspension or removal from office of honorary justices; and
(e) to provide for the use of titles by current and retired honorary justices; and
(f) to repeal Part 6 of the Magistrates' Court Act 1989.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 September 2014, it comes into operation on that day.
3Definitions
In this Act—
bail justice means—
(a)a person appointed as a bail justice under section 14; or
(b)a person re-appointed as a bail justice under section 15; or
(c) a person who is a bail justice by virtue of holding a prescribed office under section 18;
code of conduct means a code of conduct prescribed for the purposes of section 25;
honorary justice means—
(a)a justice of the peace; or
(b)a bail justice;
justice of the peace means a person appointed as a justice of the peace under section 7;
Secretary means the Secretary to the Department of Justice.
Part 2—Justices of the peace
Division 1—Powers of justices of the peace
4Powers
(1)A justice of the peace may exercise—
(a)any power conferred on a justice of the peace by or under any Act; and
(b)any other power that he or she is authorised to exercise under any other law.
(2)A magistrate may exercise any power conferred on a justice of the peace by or under any Act.
(3)Any power conferred on a justice of the peace at common law is only exercisable by a magistrate.
5Protection from liability
A justice of the peace is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the discharge of a duty as a justice of the peace; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty as a justice of the peace.
6Public Administration Act 2004 does not apply
The Public Administration Act 2004 does not apply to a justice of the peace in respect of his or her capacity as a justice of the peace.
Division 2—Appointment of justices of the peace
7Appointment
(1)The Governor in Council may appoint an eligible person to be a justice of the peace.
(2)A person is eligible for appointment as a justice of the peace if—
(a)the person is of or over the age of 18 years; and
(b) the person is an Australian citizen; and
(c) the person is not an insolvent under administration; and
(d) the Attorney-General is satisfied that the person—
(i)has satisfactorily completed the course of training prescribed for appointment as a justice of the peace; and
(ii)has sufficient proficiency in the English language to perform the duties of a justice of the peace; and
(iii)ordinarily resides in Victoria; and
(iv) is a fit and proper person to be appointed as a justice of the peace.
8Oath of office
Before exercising any of the powers of a justice of the peace, a person appointed as a justice of the peace must take an oath or affirmation of office in the prescribed form and manner.
9Validity of things done
Anything done by a justice of the peace in his or her capacity as a justice of the peace is not invalid only because of—
(a)a defect or irregularity in, or in connection with, the appointment of the justice of the peace; or
(b)the failure of the justice of the peace to take an oath or affirmation of office as required by section 8; or
(c)the justice of the peace being suspended from office at that time.
10Vacation of office
A person ceases to hold the office of justice of the peace if—
(a)the person resigns by written notice delivered to the Governor; or
(b)the person becomes insolvent under administration; or
(c)the person ceases to be an Australian citizen; or
(d)the person is removed from office in accordance with section 37.
Part 3—Bail justices
Division 1—Powers and functions of bail justices
11Powers and functions
(1)A bail justice may perform any function and exercise any power conferred on a bail justice by or under any Act.
(2)A judge of the Supreme Court or the County Court or a magistrate may exercise any power conferred on a bail justice by or under any Act.
12Protection from liability
A bail justice is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the discharge of a duty as a bail justice; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty as a bail justice.
13Public Administration Act 2004 does not apply
The Public Administration Act 2004 does not apply to a bail justice in respect of his or her capacity as a bail justice.
Division 2—Appointment and re-appointment of bailjustices
14Appointment
(1)The Governor in Council may appoint an eligible person to be a bail justice.
(2)A person is eligible for appointment as a bail justice if—
(a)the person is of or over the age of 18 years; and
(b)the person is under the age of 70 years; and
(c) the person is an Australian citizen; and
(d) the person is not an insolvent under administration; and
(e) the Attorney-General is satisfied that the person—
(i)has satisfactorily completed the course of training prescribed for appointment as a bail justice; and
(ii)is fluent in the English language; and
(iii)ordinarily resides in Victoria; and
(iv) is a fit and proper person to be appointed as a bail justice.
15Re-appointment
(1)Subject to subsection (2), the Governor in Council may re-appoint a person as a bail justice if—
(a)the person has held the office of bail justice within 2 years before being re-appointed; and
(b) the Attorney-General is satisfied that during the person's previous term as a bail justice—
(i)the person was reasonably available to be rostered for duty as a bail justice; and
(ii)when rostered for duty as a bail justice, the person was reasonably available to perform the duties of a bail justice.
(2)The Governor in Council must not re-appoint a person as a bail justice unless—
(a) the person is under the age of 75 years; and
(b) the person is an Australian citizen; and
(c) the person is not an insolvent under administration; and
(d) the Attorney-General is satisfied that the person—
(i)has satisfactorily completed the course of training prescribed for reappointment as a bail justice; and
(ii) is fluent in the English language; and
(iii) ordinarily resides in Victoria; and
(iv) is a fit and proper person to be reappointed as a bail justice.
16Oath of office
Before exercising any of the powers of a bail justice, a person appointed or re-appointed as a bail justice must take an oath or affirmation of office in the prescribed form and manner.
17Term of appointment
The appointment or re-appointment of a person under this Division is for the period ending on the earlier of—
(a)30 November in the fourth calendar year after the calendar year in which the appointment was made; or
(b)the day on which the person attains 75 years of age.
Example
Person A is appointed as a bail justice on 10 May 2015 and Person B is appointed as a bail justice on 10 December 2015. The appointment of both person A and person B as a bail justice expires on 30 November 2019 assuming neither attains 75 years of age before that date.
18Certain office-holders to be bail justices
(1)A person who holds a prescribed office is, by virtue of holding that office, a bail justice without the need for any appointment under this Act.
(2)Before exercising any of the powers of a bail justice for the first time, a person who is a bail justice by virtue of holding a prescribed office must—
(a)complete a course of training prescribed for the purposes of this section to the satisfaction of the Attorney-General; and
(b)take an oath or affirmation of office in the prescribed form and manner.
(3)A person who is a bail justice by virtue of holding a prescribed office is, while performing the duties of a bail justice, entitled to be paid the allowances fixed by the Governor in Council from time to time.
19Validity of things done
Anything done by a bail justice in his or her capacity as a bail justice is not invalid only because of—
(a)a defect or irregularity in, or in connection with, the appointment or re-appointment of the bail justice; or
(b)the failure of the bail justice to take an oath or affirmation of office as required by section 16 or 18(2)(b); or
(c)the bail justice being suspended from office at that time.
20Vacation of office
A person ceases to hold the office of bail justice if—
(a)the person resigns by written notice delivered to the Governor; or
(b)the person becomes insolvent under administration; or
(c)in the case of a person appointed as a bail justice under section 14 or re-appointed as a bail justice under section 15—
S.20(c)(i) amendedby No.21/2015 s.3(Sch.1 item24.1).
(i)the term of appointment or reappointment expires; or
(ii)the person ceases to be an Australian citizen; or
(d)in the case of a person who holds the office of bail justice by virtue of holding another office—the person ceases to hold that other office; or
(e) the person is removed from office in accordance with section 37.
Part 4—Requirements of honorary justices
Division 1—Requirement of justices of the peace to provide certain information
21Provision of information to the Secretary
(1)The Secretary may make a written request to a justice of the peace to provide to the Secretary information that the Secretary may reasonably require relating to one or more of the following—
(a)training or professional development that has been, or is proposed to be, undertaken by the justice of the peace;
(b)the name, residential address and contact details of the justice of the peace;
(c)the extent to which the justice of the peace has been, or proposes to be, available to perform the duties of a justice of the peace and the duties that have been, or are proposed to be, undertaken;
(d)the compliance of the justice of the peace with the requirements made by or under this or any other Act;
(e)any matter that the justice of the peace is required by this Act to report to the Secretary;
(f)any matter that may be a ground for removal or suspension of the justice of the peace;
(g)any other prescribed matter.
(2)A request by the Secretary under subsection (1) may be made to a justice of the peace—
(a)at any time if the Secretary reasonably believes that—
(i)the justice of the peace may have contravened a requirement made by or under this or any other Act; or
(ii) there may be grounds for the removal or suspension of the justice of the peace; or
(b)at any other time but not more than once every five years.
(3)A justice of the peace must provide information requested by the Secretary under subsection (1) within a reasonable time after the request is made.
Division 2—Requirements of honorary justices
22Requirement to notify Secretary of change in circumstances
(1)Not later than 21 days after the occurrence of a change in his or her circumstances specified in subsection (2), an honorary justice must notify the Secretary in writing of that change.
(2)For the purposes of subsection (1), the following changes of circumstances must be notified—
(a)the honorary justice changes his or her name, residential address or contact details;
(b)the honorary justice ceases to be an Australian citizen;
(c)the honorary justice ceases to ordinarily reside in Victoria;
(d)the honorary justice becomes insolvent under administration;
(e)the honorary justice has been charged with, or found guilty of—
(i)an offence punishable by a term of imprisonment of 6 months or more; or
(ii)an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i);
(f)the honorary justice no longer has the physical or mental capacity to fulfil the duties of office;
(g)any other prescribed change of circumstances.
(3)An honorary justice to whom subsection (2)(e) applies must notify the Secretary of the outcome of the charge not later than 21 days after that outcome.
23Requirement to undertake training or professional development
(1) An honorary justice must complete—
(a)any prescribed training or prescribed professional development; and
(b)any training that the Secretary directs in accordance with subsection (2).
(2) The Secretary may direct an honorary justice, or a class of honorary justices, to undertake training or professional development as specified in the direction.
24Requirement to be reasonably available and active
(1)A justice of the peace must be reasonably available and reasonably active in the performance of his or her duties as a justice of the peace.
(2)A bail justice must—
(a)be reasonably available to be rostered for duty as a bail justice; and
(b)when rostered for duty as a bail justice, be reasonably available to perform the duties of a bail justice.
(3)Subsection (2) does not apply to a bail justice referred to in section 18.
25Requirement to comply with code of conduct
(1)An honorary justice must comply with a prescribed code of conduct applying to all honorary justices.
(2)An honorary justice must comply with a code of conduct prescribed for the class of honorary justice to which the honorary justice belongs.
Part 5—Suspension and removal from office
26Application of Part
This Part does not apply to a person who is a bail justice by virtue of holding a prescribed office referred to in section 18.
27Suspension for failure to undertake training or professional development
(1) The Secretary may suspend an honorary justice from the office of justice of the peace or bail justice or both if—
(a)the Secretary believes that the honorary justice has unreasonably failed to undertake training or professional development in accordance with section 23; and
(b)the Secretary has given written notice of the proposed suspension in accordance with section 29.
(2) The Secretary's power to suspend under subsection (1) does not depend on—
(a)the existence of facts which would constitute grounds for removal of the honorary justice from office; or
(b)any matter referred to in section 28.
(3) The Secretary—
(a)must revoke a suspension under subsection(1) on being satisfied that the honorary justice has undertaken the training or professional development in accordance with section 23; and
(b)may revoke a suspension under subsection (1) if it is otherwise appropriate.
28Suspension on other grounds
(1)Subject to subsection (2), the Secretary may suspend an honorary justice from the office of justice of the peace or bail justice or both if the Secretary is satisfied on reasonable grounds that—
(a)an investigation is warranted as to whether there are grounds for removal of the honorary justice from office; or
(b)the honorary justice is charged with an offence which, if the honorary justice were found guilty or convicted of that offence, could justify his or her removal from office.
(2)The Secretary must not suspend an honorary justice under subsection (1) unless satisfied that the suspension is required—
(a)to protect the administration of justice; or
(b)because public confidence in the office of justice of the peace or bail justice (as the case may be) may be damaged if the honorary justice is not suspended.
(3) Unless there are other grounds for the continuing suspension of the honorary justice, the Secretary must revoke a suspension if—
(a)the honorary justice was suspended on the ground of having been charged with one or more offences; and
(b)all the charges are dismissed.
29Notice of suspension
(1)If the Secretary decides to suspend an honorary justice from the office of justice of the peace or bail justice, the Secretary must give written notice of the suspension to the honorary justice specifying—
(a)the grounds of suspension; and
(b)the date on which the suspension is to take effect.
(2)In the case of a proposed suspension under section27, the date specified in the notice as the date on which the suspension is to take effect must be at least 21 days after the date of the notice.
30Suspension of honorary justice
(1)The suspension of the honorary justice takes effect on the date specified in the notice given under section 29.
(2)While suspended, the honorary justice must not exercise or purport to exercise—
(a)any of the powers of the office from which the honorary justice has been suspended; or
(b)any other power that the honorary justice has by virtue of holding the office from which he or she has been suspended.
31Appointment of investigator
(1)If the Secretary is satisfied on reasonable grounds that an investigation is warranted as to whether there are grounds for removal of an honorary justice from the office of justice of the peace or bail justice or both, the Secretary may appoint an investigator to undertake an investigation into the honorary justice's conduct.
(2)The Secretary may appoint an investigator under subsection (1) whether or not the honorary justice is suspended under section 28(1).
(3) An investigator appointed under subsection (1) must be a person who has served as a judicial officer in Victoria or another Australian jurisdiction.
32Investigation
(1) An investigator appointed by the Secretary under section 31 to undertake the investigation of the conduct of an honorary justice must—