JP Handbook2012

A handbook for Justices of the Peace in New South Wales
"... I will do right to all manner of people, after the laws and usages of the State of New South Wales, without fear or favour, affection, or ill-will."
Extract from the Oaths of Office for appointment as a Justice of the Peace in NSW
State of New South Wales through the Department of Attorney General & Justice 2011. You may copy, distribute, display, download and otherwise freely deal with this work for any purpose, provided that you attribute the Department of Attorney General & Justice as the owner. However, you must obtain permission if you wish to (a) charge others for access to the work (other than at cost), (b) include the work in advertising or a product for sale, or (c) modify the work. This document has been prepared by the Department of Attorney General & Justice for general information purposes. While every care has been taken in relation to its accuracy, no warranty is given or implied. Further, recipients should obtain their own independent advice before making any decisions that rely on this information. This information is available on the website www.jp.nsw.gov.au and can be provided in alternative formats such as Braille, audiotape, large print or computer disk. For alternative formats, contact: Community Relations Unit Phone: (02) 8688 7586 TTY: (02) 8688 7733 (for people who are deaf or have a speech impairment) Email: communityrelations@agd.nsw.gov.au Published Sydney October 2009 Fourth Edition Reprinted with amendments June 2011 ISBN 978-1-921301-80-3
Contents
Section 1 Introduction............................................................................................................................ 3
1.1 1.2 Your role as a Justice of the Peace .........................................................................................4 Your obligations as a Justice of the Peace ..........................................................................4
Section 2 Performing your duties as a Justice of the Peace .............................. 5

2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 Witnessing the signing of a document ..................................................................................6 Witnessing a statutory declaration ..........................................................................................9 Witnessing an affidavit ................................................................................................................ 16 Witnessing an affidavit of a person who does not speak English ......................... 21 Checking or certifying identification requirements ........................................................ 25 Certifying copies of original documents ............................................................................. 26 Using the title of Justice of the Peace................................................................................. 28 Using a stamp................................................................................................................................. 28 Dealing with requests for Justice of the Peace services ............................................ 29
2.10 Checking a person's identity ................................................................................................... 29
Section 3 Important information about your appointment ................................ 31

3.1 3.2 3.3 3.4 3.5 Justices of the Peace register ................................................................................................. 32 Notifying changes in your name, address or contact details................................... 32 Your term of appointment ..........................................................................................................33 Code of Conduct for Justices of the Peace..................................................................... 34 Review of appointment and removal from office ........................................................... 34
Glossary.......................................................................................................................................................... 37
Appendix ......................................................................................................................................................... 38
Code of Conduct for Justices of the Peace in NSW ................................................................ 38
About this handbook

This handbook is a guide for Justices of the Peace (JPs) in New South Wales (NSW). It constitutes the guidelines issued for the purpose of section 8 of the Justices of the Peace Act 2002 (the Act). The handbook is written to help you, in your role as a JP, to understand the duties of a JP and to carry out those duties in a proper and responsible manner. The handbook also clarifies your other obligations, such as informing the Department of Attorney General & Justice of any change in your contact details and about matters that might affect your appointment.
Using this handbook

You must read this handbook before starting any duties as a JP. Failure to follow correct procedures when undertaking JP duties may cause your appointment to be reviewed. The latest information and any updates to this handbook will be available at www.jp.nsw.gov.au.
Section 1
Section 1 Introduction
This section provides an overview of your appointment, obligations and role as a Justice of the Peace in New South Wales.
Section 1 Introduction
1 Introduction
Section 1 Congratulations on your appointment as a Justice of the Peace (JP) in New South Wales (NSW). You have been appointed as a JP by the Governor of NSW under the Justices of the Peace Act 2002. You can access a copy of the Act by going to the website www.legislation.nsw.gov.au. Your appointment is for a term of five years. You may apply for reappointment if there is a continuing need for your appointment. An application for reappointment may be lodged from 12 months before the end of your term. The expiry date of your current term is listed on your letter of appointment. Other important information about your appointment is in Section 3 of this handbook. Some JPs carry out their functions as part of the duties of their employment, while other JPs serve members of the community on a voluntary basis. No matter which type of JP you are, thank you for becoming a JP and for serving the people of NSW in the years ahead.
1.1 Your role as a Justice of the Peace

As a JP, you play an essential part in the legal system and in the community in NSW. The two main functions of a JP are to witness the signing of documents such as affidavits and statutory declarations, and to certify copies of documents. Some of these documents may be required in court proceedings. Other documents may be needed for people to access benefits or to meet their legal responsibilities. You must understand how to carry out each function of a JP correctly. To help you in your role as a JP, read this handbook and keep it near you when you act as a JP. The functions of a JP are detailed in Section 2 of this handbook.
1.2 Your obligations as a Justice of the Peace

Your appointment as a JP means that you are trusted to be honest and careful, every time you carry out your functions as a JP. As a JP, you have a duty of care in relation to the documents you witness or certify. This means you have a legal obligation to follow correct procedure when acting as a JP, in order to avoid your actions causing harm to another person. For example, a person who suffers a financial loss because a JP did not follow the correct procedure for witnessing the signing of a document may have cause to take legal action against the JP. Following the advice in this handbook will help you to meet your duty of care to others in the community. Your appointment as a JP is also subject to the Code of Conduct for Justices of the Peace in NSW. The Code of Conduct explains the acceptable standards of conduct for JPs. You must understand and comply with the Code of Conduct. Failure to comply may mean that your appointment as a JP is reviewed. A copy of the Code of Conduct for JPs in NSW is provided at the back of this handbook.
Section 2
Section 2 Performing your duties as a Justice of the Peace

This section describes the duties of a Justice of the Peace and provides recommended step-by-step procedures for carrying out each duty.
2 Performing your duties as a Justice of the Peace

It is important that you use a standard procedure when witnessing or certifying documents as a JP, and that you use the same procedure every time. This is particularly important if you are asked later about a specific document which you witnessed or certified. For example, you may be asked to give evidence in court about the signing of a document. You may not be able to remember every document you have witnessed. However if you use the same procedure every time, you can truthfully describe how you witness every document, even if you cannot remember the specific document in question.
Section 2
2.1 Witnessing the signing of a document

As a JP, you may be asked to act as a witness when a person signs a document. The person who signs the document is called the signatory. The purpose of your role as a witness is to provide independent verification that the signatory signed the document himself or herself. This independent verification may be very important to a court, a government agency or a business in deciding whether or not to accept the document as genuine. For this reason, it is essential that you only witness a document after you have actually seen the person sign the document in front of you. You must never act as witness to a document which has already been signed when it is brought to you. The types of documents you may be asked to witness include: Seniors Card applications divorce applications immigration forms insurance documents documents issued by interstate and international authorities.
The above is not an exhaustive list, and there may be other types of documents you may be asked to witness.
Step-by-step procedure
Step 1: Check if a JP can witness the document The document will usually list the categories of people who can witness it. You must check if a JP is included. For example, a document for use overseas may require a Notary Public to witness it instead of a JP. If a JP is not listed, you should explain to the person who has asked you to witness it that you cannot do so. A Notary Public is a public officer, usually a practising solicitor or attorney, who is appointed by a state or territory Supreme Court. A Notary Public has statutory powers to witness documents, administer oaths, and perform other administrative functions of a national and international nature. Information about locating a Notary Public is available on the website www.notarylocator.com.au/NSW.
If the document is not a statutory declaration (like the ones on pages 13 to 15) or an affidavit (like the one on pages 19 and 20), the top of the document will usually indicate the law under which the document is required. If the document is a form required by a government or business agency, it will have the agencys name and other details on the form. If no such details are stated, or there is no indication that a JP is required to witness the document, you should ask the signatory to explain why he or she believes it needs to be witnessed by a JP. Note that some documents only require the witness to be an independent adult, rather than a JP. If you witness these types of documents, you should not sign as a JP. Step 2: Confirm the name and signatory match, and ask for proof of identity if necessary The person signing the document must be the same person named in the document. A person cannot sign a document on behalf of another person. Section 2 You must ask for proof of identity: if you are not satisfied about the identity of the person intending to be the signatory, or if proof of identity is a requirement of the document you have been asked to witness. You can accept any form of photo identification, unless the document requires a particular form of identification. For example, the document may require you to sight the signatorys passport or citizenship certificate. If the signatory has no photo identification, and you are not satisfied about his or her identity, you must decline to witness the document. Step 3: Look for any special requirements You must check if the document has any special requirements before you witness it. Examples of special requirements may include that you: know the signatory personally check the signatorys identity confirm the signatorys Australian residency status. Step 4: Look for any alterations or omissions While you do not need to read the content of the document in detail, you must check the document for any irregularities. Both you and the signatory must write your initials next to any alteration or omission on the document. If you find that a part of the document has been left blank, you should suggest the signatory complete that part, if it is relevant. If it is not relevant, the part of the document left blank must be crossed out. This can be done by drawing separate straight lines at the top and bottom ends of the blank space and then drawing a line from the top right hand side to the bottom left hand side to create a Z over the blank area of the page. Step 5: Check if the person understands Before witnessing a persons signature to a document, always ask if he or she has read the document and fully understands the nature and purpose of the document. You can do this by asking open-ended questions such as What kind of document is it? or Do you know what it means? etc.
Step 6: See the person sign the document in front of you The signatory must sign the document in front of you. If there is more than one place on the document that requires signing, you must witness each signature separately. You must never witness: a document which was already signed when it was brought to you, or a blank or partially-completed document, for the signatory to complete or sign later. Step 7: Sign and print your full name, JP registration number and other details After you have seen the signatory sign the document, you must immediately sign and add your full name and your JP registration number in the space provided. Some documents may ask you also to provide additional information such as your address. Section 2 Frequently asked questions Do I have to read the contents of each document I witness? You are not required to read the contents of the document in detail. However you will need to look through the document in order to carry out the procedure outlined above. Is it necessary for me to keep a copy of documents I have witnessed? No, you cannot keep a copy. It is not necessary or appropriate for you to do so. What if I cannot comply with a requirement set out in the document? If you cannot meet a particular requirement about witnessing the document, you must decline to witness the document. For example, citizenship applications require you to have known the signatory for a specified period of time. If you have not known the signatory for the specified period of time, you must decline to witness the document. Can I leave out some details required by a document, such as my address? No, you must provide all the information required by the document. If the document requires details which you do not have, you should decline to witness the document. If the document requires your street address, and you hold reasonable fears about the privacy or security of that information if it were recorded on the document being witnessed, you may decline to witness the document. However this would be an exceptional circumstance and it is important to note that the Code of Conduct for JPs requires that you do not unreasonably refuse to provide JP services.
2.2 Witnessing a statutory declaration

As a JP, you may be asked to witness another person making a statutory declaration. A statutory declaration is a written statement declaring that the information provided is true and correct. The person who makes the statutory declaration is called the declarant. There are penalties for a declarant who makes a false declaration. Many government departments, statutory authorities and businesses require information to be provided by way of a statutory declaration. Some laws specifically require that information be provided by way of a statutory declaration. Note that it is an offence for a person to take or receive a statutory declaration if he or she is not authorised to do so. This applies to a JP who has not yet taken the oaths of office, whose appointment has lapsed, who has resigned or who has been removed from office. Section 2
Step 1: Check you are satisfied as to the declarants identity You must be satisfied that the person preparing to sign is the same person whose name appears at the start of the statutory declaration. If you are not satisfied, you must ask to see an identity document. You can accept any form of photo identification, unless a particular form of identification is specified. You should not proceed to witness the statutory declaration if you are not satisfied about the person's identity. Step 2: Check the correct format You must check that the statutory declaration is in the correct format. The standard wording and format of a statutory declaration is important because it is set under legislation which provides that a declarant is liable to a penalty if he or she makes a false declaration. The standard wording of a NSW statutory declaration is prescribed by the Oaths Act 1900. The standard wording of the Commonwealth statutory declaration is prescribed by the Statutory Declarations Act 1959 (Cwth). You should familiarise yourself with the examples of statutory declaration forms shown on pages 13 to 15. Although statutory declarations come in differing forms, they all include similar text at the start of the statutory declaration and at the end. You must not witness a form that is not correctly set out or if it is blank. You should note that the Commonwealth statutory declaration requires your address. This can be a postal or business address but not an email address. Step 3: Look for any annexures An annexure is an attachment of additional pages. If an annexure is included it must be referred to in the statutory declaration. If there is more than one annexure, they must all be marked in alphabetical order, for example, Annexure A, Annexure B and Annexure C. The alphabetical marking can be placed in a conspicuous position on the annexure, for instance at the top of the page.
For an annexure which is only one page, the following statement must be included on the annexure: This is the annexure marked [insert A, or B or C etc as appropriate] referred to in the statutory declaration of [insert name of declarant], declared before me this [insert date] day of [insert month, year]. [insert your signature, full name and JP registration number] For an annexure which is more than one page, the following statement must be included on the first page of the annexure: This and the following [insert number of pages] pages is the annexure marked [insert A, or B or C etc as appropriate] referred to in the statutory declaration of [insert name of declarant], declared before me this [insert date] day of [insert month, year]. [insert your signature, full name and JP registration number] Section 2 The above statement should preferably be placed at the bottom of the first page of the annexure if the space allows it. The statement should not deface or obscure the contents of the annexure. If the above statement has not been included on an annexure to a statutory declaration you have been asked to witness, it must be placed on the annexure before you witness it. It is sufficient if the statement is written by hand. Step 4: Look for any alterations, erasures and blank spaces You must never sign a blank statutory declaration. You must ensure that the declarant has filled in the space for the declaration and his or her details. If there are any alterations on the statutory declaration, both you and the declarant must write your initials next to each alteration. Any blank space at the end of the statutory declaration should be crossed out. This may be done by drawing separate lines at the top and bottom ends of the blank space and then drawing a line from the top right hand side to the bottom left hand side to create a Z over the blank area of the page. Step 5: Warn the declarant You must warn the declarant that there are penalties for making a false declaration. Under both NSW and Commonwealth laws, the penalties for making a false declaration include imprisonment. Step 6: Check the declarant understands You must ask the declarant if he or she understands the contents of the statutory declaration. If he or she does not understand, or is not familiar with the contents of the statutory declaration, you must decline to witness it. If the declarant has a visual impairment or cannot read, you must read the entire document aloud to the declarant. You can explain to the declarant that the contents of the document will remain confidential but you have to read it aloud to be sure that he or she understands and agrees with it. Step 7: Ask the declarant to declare the contents are true and correct You must ask the declarant the following question: Do you declare the contents of this declaration to be true and correct, to the best of your knowledge and belief?
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Step 8: Watch the declarant sign the statutory declaration in front of you If the declarant has agreed that the contents are true and correct, ask the declarant to sign the statutory declaration. He or she must sign it in your presence. If the declarant is unable to sign because he or she has a visual impairment or is illiterate, ask the person to make a mark on the document. After the person has made the mark: insert the following information around the mark His/Her [insert the declarants first name] X mark include the following certification at the end of the document I have read the contents of the document to [insert name of the declarant] and he/she appeared to me to understand the contents of the statutory declaration, and he/she placed his/her signature / mark on the document in my presence. If the declarant is unable to sign or make a mark on the statutory declaration due to a motor or physical disability, write the following certification at the end of the document: I certify that [insert full name of declarant] agrees with the contents of this document but is physically unable to sign or make a mark. Step 9: Sign and print your full name, JP registration number and other details After you have seen the declarant sign or make a mark on the statutory declaration, you must immediately sign, print your full name, your qualification (JP), and your JP registration number in the space provided. You must also include any additional information requested on the form, such as an address. A Commonwealth statutory declaration requires your address. This can be a postal address or business address, but not an email address. Frequently asked questions Who can witness a NSW statutory declaration? A NSW statutory declaration in the forms shown on pages 13 and 14 of this handbook can be witnessed by: a Justice of the Peace an Australian legal practitioner a Notary Public a commissioner of the court for taking affidavits any other person authorised by law to administer an oath. Who can witness a Commonwealth statutory declaration? The list of people who can witness a Commonwealth statutory declaration is provided with the Commonwealth statutory declaration form. A NSW JP is included on that list. Section 2 [insert the declarants last name]
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Should I witness a persons statement or claim that is not in the form of a statutory declaration? Your role is limited to legal and other official documents that require a JP to act as a witness. You should not witness documents as a JP which are not correctly set out, or agree to sign personal statements or claims made by a person, simply because the person asks you to do so. Can I witness any documents while I am outside of NSW? No, you must be physically present in NSW to exercise your functions as a JP for NSW. You are not authorised to act as a JP for NSW while you are in another state, territory or country. The Oaths Act 1900 provides that an oath declaration or affidavit made outside of NSW may be taken before any person who has authority to administer an oath or affidavit in that place or country. Section 2 Can I leave out some required details, such as my address? No, you must provide all the information required by the document. If the document requires details which you do not have, you should decline to witness the document. If the document requires a street address, and you hold reasonable fears about the privacy or security of that information if it were recorded on the document being witnessed, you may decline to witness the document. However this would be an exceptional circumstance and it is important to note that the Code of Conduct for JPs requires that you do not unreasonably refuse to provide JP services. Can I witness interstate and overseas documents as a NSW JP? As your appointment as a JP is made under NSW legislation, your role and authority is generally applicable to NSW and Commonwealth documents. However you may witness a document for use interstate or overseas if the particular document specifically allows it. This means that you must first check to see if a NSW JP is permitted to act as a witness for that particular document, before proceeding to act as witness. When signing a document for use interstate or overseas, you may sign: Justice of the Peace in and for the State of New South Wales, Australia.
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This is example 1 of the format of a NSW statutory declaration form
OATHS ACT 1900, NSW, EIGHTH SCHEDULE
Statutory Declaration
____________________
I, .......................................................................................................................... do solemnly and sincerely declare that, ................................................................ ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900. Declared at: .................................................. on ................................................ [place] [date] in the presence of: ........................................................... [Signature of witness] ........................................................... [Name of witness] ........................................................... [Qualification of witness] Justice of the Peace, Australian legal practitioner, other (specify) .......................................................... [Signature of declarant]
The declarant must enter his or her name and address here
The declarant must enter his or her statements here
Section 2
JPs must include their full name and registration number in this section
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This is example 2 of the format of a NSW statutory declaration form
OATHS ACT 1900, NSW, NINTH SCHEDULE
Statutory Declaration
____________________
The declarant must enter his or her name and address here
I, .......................................................................................................................... do hereby solemnly declare and affirm that, .........................................................
Section 2
The declarant must enter his or her statements here
............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. ............................................................................................................................. And I make this solemn declaration, as to the matter (or matters) aforesaid, according to the law in this behalf madeand subject to the punishment by law provided for any wilfully false statement in any such declaration. Declared at: .................................................. on ................................................ [place] [date] in the presence of: ........................................................... [Signature of witness] .......................................................... [Signature of declarant]
........................................................... [Name of witness] ........................................................... [Qualification of witness] Justice of the Peace, Australian legal practitioner, other (specify)
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This is an example of the format of a Commonwealth statutory declaration Commonwealth of Australia STATUTORY DECLARATION Statutory Declarations Act 1959
1 Insert the name, address and occupation of person making the declaration
I,1
make the following declaration under the Statutory Declarations Act 1959:
2 Set out matter declared to in numbered paragraphs
2
Section 2
I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.
3 Signature of person making the declaration 4 Place 5 Day 6 Month and year 7 Signature of person before whom the declaration is made (see over) 8 Full name, qualification and address of person before whom the declaration is made (in printed letters)
7 3
Declared at 4 Before me,
on 5
of 6
Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years see section 11 of the Statutory Declarations Act 1959. Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 see section 5A of the Statutory Declarations Act 1959.
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2.3 Witnessing an affidavit

An affidavit is a written statement for use as evidence in court proceedings. The person who makes an affidavit is called the deponent. When witnessing an affidavit, a JP must hear the deponent take an oath or affirmation. An oath is a form of words spoken by a person to promise that he or she is telling the truth. An oath refers to the God recognised by the religion of the person swearing the oath. An affirmation has the same legal effect as an oath, but does not refer to God. Any person may choose to take an affirmation instead of an oath. Section 2 After the deponent takes the oath or affirmation, the deponent and the JP complete the section at the end of the affidavit. This section is called the jurat.
Step 1: Check you are satisfied as to the deponents identity You must be satisfied that the person preparing to sign is the same person whose name appears at the start of the affidavit. If you are not satisfied, you must ask to see an identity document. You can accept any form of photo identification, unless a particular form of identification is specified. You should not proceed to witness the affidavit if you are not satisfied about the person's identity. Step 2: Ask the deponent to choose either an oath or affirmation When a person contacts you about witnessing an affidavit, it is a good idea to ask if he or she chooses to take an oath or an affirmation. If the deponent wants to take an oath, the deponent may wish to bring the holy book appropriate to his/her religion and beliefs. However it is not necessary for a holy book or religious text to be used in taking an oath. Step 3: Check the correct format of the affidavit You must check that the affidavit is in the correct format. You should become familiar with the example on pages 19 to 20 of this handbook. An affidavit usually has the court details at the top and the filing details at the bottom of the first page. The deponents statement also starts on the first page and may continue on second and subsequent pages. Step 4: Look for any alterations, erasures and blank spaces While you do not need to read the content of the affidavit in detail, you must check it for completeness and for any alterations or erasures. You must never sign an affidavit that does not contain the deponent's statements, in other words, that is blank. If there are alterations or erasures on the affidavit, both you and the deponent must place your initials next to the alterations or erasures. If there is any blank space left at the end of the deponent's statements, you must place a line through the blank space, to ensure that additional words cannot be inserted after you have witnessed the affidavit. This can be done by drawing separate straight lines at the top and bottom ends of the blank space and then drawing a line from the top right hand side to the bottom left hand side to create a Z over the blank area of the page.
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Step 5: Look for any annexures An annexure is an attachment of additional pages. If an annexure is included it must be referred to in the affidavit. If there is more than one annexure, they must all be marked in alphabetical order, for example, Annexure A, Annexure B and Annexure C. The alphabetical marking can be placed in a conspicuous position on the annexure, for instance at the top of the page. For an annexure which is only one page, the following statement must be included on the annexure: This is the annexure marked [insert A, or B or C etc as appropriate] referred to in the affidavit of [insert name of deponent], declared before me this [insert date] day of [insert month, year]. [insert your signature, full name and JP registration number] For an annexure which is more than one page, the following statement must be included on the first page of the annexure: This and the following [insert number of pages] pages is the annexure marked [insert A, or B or C etc as appropriate] referred to in the affidavit of [insert name of deponent], declared before me this [insert date] day of [insert month, year]. [insert your signature, full name and JP registration number] The above statement should preferably be placed at the bottom of the first page of the annexure if the space allows it. The statement should not deface or obscure the contents of the annexure. Step 6: Check if the deponent understands Ask the deponent if he or she understands the contents of the affidavit. You must be satisfied that the deponent understands the nature and purpose of the document before the deponent takes the oath or affirmation. Step 7: Warn the deponent You must warn the deponent that it is an offence to swear or affirm a false affidavit. Step 8: Ask the deponent to swear the oath or make an affirmation The deponent may take the oath by holding a holy book or other religious text in his or her hand. In this case he or she may hold the holy book or religious text in either hand while swearing the oath. If the deponent chooses to take an oath, whether by using a holy book/religious text, or without it, you must ask: Do you swear that the contents of this your affidavit are true and correct to the best of your knowledge and belief? The deponent should then swear to the truth of the contents of the document by saying: I swear that the affidavit is true, so help me [God, or the name of the god recognised by the deponents religion] If the deponent chooses to make an affirmation, you must ask: Do you solemnly and sincerely declare and affirm that the contents of this your affidavit are true and correct to the best of your knowledge and belief? The deponent should then swear to the truth of the contents of the document by saying: I do. Section 2
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Step 9: Watch the deponent sign the affidavit in front of you After the deponent has sworn an oath or made an affirmation, ask him or her to sign in the space provided for the deponent in the jurat. The deponent must sign the affidavit in your presence. Step 10: Sign each page of the affidavit with the deponent After you have witnessed the deponent sign the jurat of the affidavit, both you and the deponent should sign each preceding page of the affidavit. If there are annexures to the affidavit, you must complete and sign the statements contained on the first page of each annexure to the affidavit. It is not necessary for you to sign and date every page of each annexure, unless a particular affidavit requires you to. Step 11: Sign and print your full name, JP registration number and other details Section 2 After you have seen the deponent sign the affidavit, you must complete the jurat by signing and adding your full name, qualification (JP), and JP registration number in the space provided. You and the deponent must also sign at the foot of each preceding page of the affidavit. Some affidavits may ask you also to provide additional information such as your address. Frequently asked questions Who can witness an affidavit? If the affidavit is made in NSW, it can be witnessed by a NSW JP, or an Australian legal practitioner. If the affidavit is made outside NSW, then it may be witnessed by: a Notary Public or Public Notary any person who has authority to administer an oath or affidavit in that place or country a British Consular Officer or an Australian Consular Officer exercising his or her functions in that place or country. Where should we sign if the affidavit is more than one page long? The deponent, and the JP as witness, must sign each page of the affidavit. The signatures may be placed at the bottom of each page. If there is insufficient space at the bottom, then it may be placed on the top of the page or at another appropriate place on the page. Where is the jurat located on a multiple page affidavit with annexures? If the affidavit is more than one page, the jurat will be on the last page of the affidavit, but before any annexures. You must place your signature, your full name, your qualification (JP), and your JP registration number in the space provided in the jurat. How should I witness an affidavit by multiple deponents? Where an affidavit is made by two or more deponents, the names of the persons making the affidavit should be inserted in the jurat. You must only witness the affidavit of the person or people present before you at the time of signing. However, if the affidavit is sworn by both or all the deponents at the same time before you, it is sufficient for you to state the following on the affidavit: the affidavit has been sworn by each of the abovenamed deponents.
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This is an example of the format of an affidavit Page 1 of 2

COURT DETAILS
This section lists the name of the court, case number, title of proceedings and the name of the applicants
AFFIDAVIT
On ...............................(insert date and year), I,......................................................... (insert name, address and occupation) of............................................................................................................................... .............................................................................................................................. .....................................................................................................................................
Section 2
Details of deponent (person making affidavit)
say on oath/declare and affirm (delete whichever is inapplicable) 1. ................................................................................................................................. ..................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... .....................................................................................................................................
Facts or statements made by deponent
Filing Details Name: Address for service: Facsimile: DX: Telephone: Ref:
Filing and court details of the deponent used to send/deliver letters and documents. Note this should not be a post office (PO) box.
______________________________________________________________________
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Page 2 of 2
Deponents statement continued
.............................................................................................................................. 2. ................................................................................................................................. ..................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... .....................................................................................................................................
Section 2
..................................................................................................................................... 3. ................................................................................................................................. ..................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... 4. ................................................................................................................................. ..................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... .....................................................................................................................................
SWORN/AFFIRMED (delete whichever is inapplicable) at (insert name of place):

.. .. Before me: (witness signs here) (Justice of the Peace) (deponent signs here)
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2.4 Witnessing an affidavit of a person who does not speak English

If a deponent does not understand or speak English adequately, he or she may take the oath or affirmation in relation to an affidavit through an interpreter. When an interpreter is used, both the interpreter and the non-English speaking deponent must each swear a separate affidavit, which must contain certain statements which are additional to those ordinarily found in affidavits. The following process is therefore required.
Step 1: Check the identity of the deponent and the interpreter You must be satisfied as to the identity of both the deponent and the interpreter. If you are not satisfied, you must ask to see identity documents. You can accept any form of photo identification, unless a particular form of identification is specified. Step 2: Check the interpreter is independent and preferably accredited The interpreter should be independent. It is not advisable for a deponent to rely on an interpreter who is not independent, such as a friend or relative. It is also recommended that the interpreter is accredited, such as through the National Accreditation Authority for Translators and Interpreters (NAATI). Step 3: Ask the interpreter to take the interpreters oath Interpreters must take an oath in which they undertake to interpret for the deponent to the best of their ability and in accordance with the law. The interpreters oath may take the following effect: I swear that I well and truly understand the English language and [name of other] language, and I will truly interpret the contents of the affidavit to the deponent [name of deponent] and also the oath/affirmation about to be administered to him/her and all other matters and things required of me in connection with this affidavit, according to the best of my skill and ability. Step 4: Follow the usual steps for witnessing an affidavit You must follow the usual steps for witnessing an affidavit, as set out in steps two to five of the procedure on pages 16 and 17, including: asking the deponent to choose either an oath or affirmation checking both affidavits are in the correct format looking for any alterations, erasures and blank spaces looking for any annexures. Step 5: Check for the additional wording required in both affidavits The affidavit of the non-English speaking deponent should contain additional text in the jurat, confirming that the contents of the affidavit have been interpreted. The following words, or words to the effect, may be used: Sworn/affirmed through the interpretation of [name, address and occupation of interpreter], he/she having first sworn/affirmed that he/she had truly interpreted the contents of this affidavit and the oath/affirmation to [name of deponent]. The affidavit of the interpreter also requires additional wording. An example of the wording of the interpreters affidavit is shown on page 23.
Section 2 Performing your duties as a Justice of the Peace 21
Section 2
Step 6: Read the affidavit to the deponent You must read the affidavit aloud to the deponent, allowing the interpreter to repeat your words in the deponents language. It is important that you make sure the deponent understands and agrees with the contents of the deponents affidavit. Through the interpreter, you should answer any questions the deponent may have about the content of the affidavit. Step 7: Warn the deponent You must warn the deponent that it is an offence to swear or affirm a false affidavit, and allow the interpreter to repeat your words in the deponent's language. Step 8: Administer the oath or affirmation to the deponent Section 2 If it is clear the deponent understands and agrees with the content of the affidavit, you must administer the oath or affirmation to the deponent by using the wording specified in the procedure for witnessing an affidavit on page 17. The deponent must repeat the oath or affirmation in his or her own language, and the interpreter must interpret the deponent's response for you. Step 9: Ask the interpreter to sign his/her affidavit first The interpreter must first sign his/her separate affidavit, confirming that he/she has interpreted the contents of the deponents affidavit and oath/affirmation. Step 10: Ask the deponent to sign his/her affidavit next After the interpreter has signed his/her affidavit, the non-English speaking deponent may sign his/ her own affidavit.
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This is an example of the format of an affidavit of a person who has interpreted the contents of an affidavit sworn by a non-English speaking deponent Page 1 of 2
COURT DETAILS
This section lists the name of the court, case number, title of proceedings and the name of the applicants
Section 2
AFFIDAVIT
On .(insert date and year), I, .................................................. (insert name, address and occupation) of .......................................................................................................................... say on oath/affirm -
Details of the interpreter who is making this interpreter's affidavit
1.
I understand the English language and the [ ] language well.
Filing Details Name: Address for service: Facsimile: DX: Telephone: Ref:
Filing and court details of the deponent used to send/deliver letters and documents. Note this should not be a post office (PO) box.
______________________________________________________________________
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Page 2 of 2
Standard wording used on an interpreters affidavit
2. I truly interpreted the contents of the affidavit annexed and marked A to the deponent (name) and the form of oath/ affirmation administered to him/her before he/she swore/affirmed the affidavit, according to the best of my skill and ability.
3. The deponent (name) appeared to me to understand the contents of the affidavit and the oath/affirmation.
Section 2
Sworn/affirmed at ..............................................
before me:.............................................. (Justice of the Peace)
............................................. (Interpreters signature)
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2.5 Checking or certifying identification requirements

In your role as JP, you may be asked to check or certify identification documents for people who are making applications under specific Commonwealth and NSW laws. These may include an application for benefit payments from a superannuation fund or for the purposes of the statutory declaration on a Seniors Card application. The requirements may differ from application to application. You must check the instructions in each application, to ensure that you comply with the specific requirements.
Step 1: Check the purpose of the application It is helpful to understand the purpose of the application and its requirement for checking or certification of identification by a JP. Step 2: Check if a JP can check or certify the identification Look at the information on the application to see if a JP can check or certify the person's identification. In addition, you must ensure that you are able to comply with other requirements stated on the application before deciding to check or certify it. Step 3: Look for the identification requirements of the application You must check the application and any accompanying information to establish which identification documents you are required to check. For example, the application may ask you to confirm a persons: identity age Australian residency NSW address. Section 2
Depending on the requirements, you should ask to see the persons passport, driver licence or birth card. You must always sight the original identity documents. Step 4: Check if there are any specific requirements Examples of special requirements may include that you: use specific words when certifying, such as This is a true and correct copy of the original include your name, address and other details in the certification have known the person for 12 months or more.
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2.6 Certifying copies of original documents

As a JP, you may be asked to certify a copy of an original document. This requires you to check that the copy is identical to the original, as made by a photocopying machine. If you are satisfied, you sign a statement on the copy, certifying that it is a true copy of the original. A government department, business or other organisation may often accept a certified copy instead of the original document. This allows the person to keep his or her original of an important document, such as a passport, birth certificate or educational qualification.
Section 2 Step 1: Check you have a true copy of the original You must have in front of you both the original document, and the copy which you are being asked to certify. You must also be satisfied that the copy you certify is a true copy of the original document. You can do this by watching the original being copied by a photocopier machine. Alternatively you can carefully check the copy against the original. If you cannot be satisfied that it is a true copy, you must decline to certify it. Step 2: Add your certification and sign If you are satisfied that the copy is a true copy of the original document, you may add your certification to the copy. An appropriate wording for certifying a single page document is: I certify this to be a true copy of the document shown and reported to me as the original [insert your handwritten signature and the date] [insert your full name] JP for NSW [insert your JP registration number] You may use a stamp to place the above words on the copy, but your signature must be handwritten. For a document that is more than one page, you may add your certification to the first page only, and then simply sign or initial each subsequent page. In this case, the certification should read: I certify this and the following [insert number of pages] pages (each of which I have signed / initialled) to be a true copy of the document shown and reported to me as the original [insert your handwritten signature and the date] [insert your full name] JP for NSW [insert your JP registration number]
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Frequently asked questions How do I know if a document is an original? An original document is usually clearly different from a photocopy or other reproduction. An original may often contain an official logo, seal, stamp or watermark, or may include a handwritten signature. However if you are concerned that the document presented to you as an original may have been forged or fraudulently amended, you should decline to certify the copy. What if I cannot be certain that the copy is a true copy? You must never certify a copy if you are not satisfied that it is an exact and true copy of the original. For example, if you do not have the original in front of you, or if the original or the copy is not clear, you must decline to certify the copy. Can I certify an electronic document? No, because an electronic document cannot be considered an original document. This includes a scanned image, a word processing file or any electronic file format, including files in Portable Document Format (PDF). If a person asks you to certify a copy of a document sent to you by email, fax or other electronic means, you must decline to certify the copy. Can I certify a document if it is in a language I dont understand? If you cannot read the language, it may not be possible for you to check that a document is a true copy of the original document. However you may observe a copy of the original being made by a photocopier machine, in order to satisfy yourself that the copy is a true copy. Can I use a printed label or sticker (instead of a stamp) for the purpose of certifying documents? No, you must either write the certification words in handwriting or use a stamp. Your signature must be handwritten. If you use the appropriate words to certify a multiple-page document (as shown in the procedure on the previous page), you can write the certification words on the first page only, provided you sign or initial the other pages. What if I get a request to certify multiple copies of documents? When a person contacts you for the purpose of certifying copies of documents, it is a good idea to ask how many pages you will be required to certify. If there are many, you may wish to make more than one appointment to certify the documents in batches. Alternatively, you can ask the person to make copies of the multiple documents in your presence. Section 2
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2.7 Using the title of Justice of the Peace

You can only use the title of Justice of the Peace, the post-nominal initials JP, or your JP registration number in relation to your functions as a JP. It is not appropriate to use them in situations which do not relate to your functions as a JP. This is because the Code of Conduct prohibits use of the JP title to advance, or to appear to advance, a JPs business, commercial or personal interests. Examples of prohibited use would include: promoting your own business by using the availability of your JP services to attract new clients Section 2 writing a character reference in support of a relative, friend or business associate and signing the reference using the post-nominal initials JP after your name writing a letter or statement about a matter which concerns your own interests, and signing using the title of JP and your JP registration number. Such use of the JP title is inappropriate because the JP is not acting impartially and is not acting in his or her capacity as JP. However the Code of Conduct does provide a limited exception to this rule. The exception allows you to include the post-nominal initials JP after your name on a business card or letterhead. This will assist members of the public to identify you as a JP. When using the post-nominal initials of JP, they should be placed after any National and Royal honours and academic qualifications.
2.8 Using a stamp

You may use a stamp to insert your full name, title of JP, and JP registration number. An appropriate form of a stamp is as follows: [Full name of the Justice of the Peace] A Justice of the Peace in and for the State of New South Wales [JP registration number] However your signature on documents must always be handwritten in ink. You must never use a stamp to insert your signature. Similarly you must never insert your signature by affixing a label with your signature on it. JP is not authorised to use the State Arms, a State symbol, the Commonwealth Coat A of Arms or any other unauthorised insignia on his or her stamp.
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2.9 Dealing with requests for Justice of the Peace services

The Code of Conduct for JPs requires you to deal with requests for JP services in a timely manner. However if a person requests your services at very short notice, and you are unable to assist in that timeframe, you may suggest an alternative time which is convenient to you. You are not expected to provide your address details to callers, or to invite people into your home for the purpose of providing the service. You can provide the service at a mutually agreed time and place. If the document you are witnessing requires your street address, and you hold reasonable fears about the privacy or security of that information if it were recorded on the document being witnessed, you may decline to witness the document. However this would be an exceptional circumstance and it is important to note that the Code of Conduct for JPs requires that you do not unreasonably refuse to provide JP services.
Section 2
2.10 Checking a persons identity

When acting as a JP, it is important that you are satisfied about the identity of the person asking you to witness his or her signature. If you already know the person, or have sighted his or her proof of identity on a previous occasion, you do not need to ask for identification in order to be satisfied about the persons identity. However if for any reason you are not satisfied about the identity of the person, or if sighting proof of identity is a requirement of the document you have been asked to witness, you must ask for identification. You can accept any form of photo identification, unless the document requires a particular form of identification. For example, the document may require you to sight the persons passport or citizenship certificate. If the person has no such identification, or if after checking the identification provided you are still not satisfied about the persons identity, you must decline to witness the document. Frequently asked questions Can a person re-sign a document? If someone approaches you to witness a document that is already signed, you may ask the person to cross out the signature and sign it afresh in your presence. However, this must be done after completing the usual steps for witnessing a document. Can I help a person to complete a document? If you wish to help someone complete a document, ask the person to have that document witnessed by another JP. This is because you must remain an independent and unbiased witness at all times. You must not fill in the details on a document on a signatorys behalf and then act as a witness to that document. Can I witness a document which refers to annexures but the annexures are not with the document? If a document refers to an annexure but it is not with the document you are asked to witness, you must not witness the document.
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What if there are multiple signatories to a document? If there is more than one person who is required to sign a document, you must only witness the signature of the person or people who are present with you at the time of signing. In this case it is appropriate to state on the document that you are witnessing only the signature of the person or people present. For example, The signature of Peter Williams only witnessed. Can different signatories sign before different authorised witnesses and on different dates? It is acceptable for different signatories to the document to sign it separately and before different authorised witnesses. The date you record as a witness must be the same date as the date of the persons signature you are witnessing. Section 2 What is a conflict of interest and what should I do if I have one? This refers to a situation where there is a conflict between your public duty as a JP and your personal, family, business or financial interests. The perception by other people that you have a conflict of interest can be just as problematic as an actual conflict of interest. If you become aware that you have a conflict of interest in a matter before you as a JP, the Code of Conduct requires you to disclose your interest to the person seeking JP services or to decline to provide JP services in that instance. However it is strongly recommended that you do not act as a JP in any matter where there may be an actual or a perceived conflict of interest. This is because such a conflict of interest may call into question your capacity to act as a JP without bias and free from influence by others or your own interests. The Code of Conduct requires you to remain independent and impartial when providing JP services. Can I witness a document for family members or myself? You cannot witness a document for yourself. It is not advisable for you to witness documents for your immediate family members as the documents may be rejected on the basis of an actual or perceived conflict of interest, and because JPs must remain independent and impartial when providing JP services.
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Section 3 Important information about your appointment

This section provides important information about your appointment as a Justice of the Peace, including the public register and reappointment information.
Section 3 Important information
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3 Important information about your appointment

It is important that you are aware of how the JP public register works, how to be reappointed and how to notify the Department of Attorney General & Justice if your details change. Read this section carefully.
3.1 Justices of the Peace register

The Justices of the Peace register (JP register) is an online public listing of all current JPs in NSW. It is available at the website www.jp.nsw.gov.au. The JP register allows members of the public to look for a JP in their local area by entering their postcode. The register can also be used to check if a person is currently appointed as a JP, by entering the JPs name or registration number. The Justices of the Peace Regulation 2009 provides that a JPs contact details may be removed from the JP register if the JP notifies the Director General of the Department of Attorney General & Justice that his or her safety or wellbeing would be affected if the information is included or not removed and the Director General is satisfied that the exclusion or removal is necessary for that reason.
Finding a JP
Section 3 After entering a postcode, a user of the JP register is provided with a list of the names of JPs located within that postcode, as well as each JPs nominated contact telephone number and suburb. The user can then telephone a JP and ask to arrange a suitable time and place to meet. The JPs address and other private contact details are not available on the public register. The register includes an Acceptable Usage Policy which explains to users that JPs are volunteers and may not be available at short notice or at all times of the day. It also prohibits information on the register from being used for purposes other than locating JP services and confirming a persons appointment as a JP.
Confirming an appointment
The JP register can be searched by surname or JP registration number to confirm a persons current appointment as a JP. If a name does not appear on the register, the persons appointment may have lapsed or been cancelled, or the person may have resigned from office. A user may contact the Department of Attorney General & Justice to clarify the status of the persons appointment. It is important that a person does not carry out JP functions if he or she no longer has a current appointment as a JP.
3.2 Notifying changes in your name, address or contact details

Changing your address or other contact details
If you change your email, postal or residential address, or your home, work or mobile telephone numbers, you must advise the Department of Attorney General & Justice as soon as possible. This is a requirement of the Code of Conduct for JPs. It helps to ensure the Department can contact you if necessary and that you receive a reminder notice before the end of your term of appointment as a JP.
32 A handbook for Justices of the Peace in New South Wales
If your contact details are listed on the public JP register, you have an additional obligation to keep those details up-to-date. You can notify the Department of a change to your address or contact details by completing the form at the website www.jp.nsw.gov.au. Alternatively you can write to the Department at the contact details at the back of this handbook.
Changing your name

You are only permitted to provide JP services in the name under which you were appointed as a JP. Under the Code of Conduct for JPs, you must notify the Department of Attorney General & Justice if your name has changed. You must not perform JP services in your new name until you have received written confirmation from the Department of your change of name notification. A change of name form is available at the website www.jp.nsw.gov.au. Alternatively, you can write to the Department at the postal address provided at the back of this handbook. When advising of a change of name, you must include a certified copy of the change of name document such as a marriage certificate. You must also include another document which proves that you use the new name, such as a certified copy of your driver licence, Medicare card or Seniors Card.
Moving interstate or overseas

Section 3 If you move interstate or overseas permanently, you should resign your appointment as a JP in NSW. This is because you are not authorised to act as a JP for NSW while you are in another state, territory or country. You would also cease to satisfy the criteria for appointment as a JP, relating to an employment or community based need for the appointment. Your appointment is not transferable to another state, territory or country.
3.3 Your term of appointment

Five-year terms
Lifetime appointment of JPs was abolished in December 2003 with the implementation of the Justices of the Peace Act 2002. All JP appointments are now for five-year terms. The start and end dates of your term are shown in your letter of appointment. The introduction of five-year terms assists the Department of Attorney General & Justice to maintain an accurate public register of JPs and an up-to-date database of confidential JP contact details. Five-year terms also ensure that only JPs who remain eligible and willing to hold the office continue to do so.
JP registration numbers
Each JP in NSW is issued with a six-digit registration number. You must always record your current JP registration number on documents when providing JP services. Seven-digit and nine-digit registration numbers which were issued to JPs in the past are no longer valid and must not be used.
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Applying for reappointment

If you have a continuing need for your appointment as a JP, you must apply for reappointment before the end of your five-year term. You can apply for reappointment from 12 months before the end of your term of appointment. The Department of Attorney General & Justice will send you a reminder notice about three months before the end of your term. It is therefore very important that you advise the Department of any changes to your email address, postal address or telephone numbers. Your application for reappointment must be received by the Department of Attorney General & Justice before the end of your term. If it is not received before the expiry date of your term, your appointment will automatically lapse. This means that you will no longer have authority to carry out JP functions or use the title of JP. If your appointment lapses, and you wish to continue as a JP, you will have to submit an application for a new appointment through a NSW State Member of Parliament. You must not carry out any JP functions until such a new appointment has been finalised. Applications for reappointment received before the expiry of a JPs term do not require nomination by a NSW State Member of Parliament. Application forms and further information about the reappointment process can be found at the website www.jp.nsw.gov.au.
Section 3
3.4 Code of Conduct for Justices of the Peace

Your appointment as a JP is subject to the Code of Conduct for Justices of the Peace in NSW. The Code of Conduct was introduced in August 2008 following a statutory review of the Justices of the Peace Act 2002. A copy of the Code of Conduct is in the appendix of this handbook. Additional copies can be downloaded from the website www.jp.nsw.gov.au. The Code of Conduct establishes acceptable standards of conduct for JPs. It clarifies standards for those JPs who may be uncertain of their obligations and is also useful for members of the public who are unsure about what to expect when seeking the services of a JP. It is very important that you understand and comply with the Code of Conduct. Failure to comply with the Code of Conduct may mean that your appointment as a JP is reviewed.
3.5 Review of appointment and removal from office

Complaints against a Justice of the Peace
Complaints against a JP can be made to the Department of Attorney General & Justice. Complaints must be made in writing, lodged within six months of the date of the matters raised and accompanied by any supporting documents, where applicable. Complaints should be sent to the Department using the contact details at the back of this handbook.
Review of an appointment
A persons appointment as a JP may be reviewed at any time, if questions arise about his or her suitability to remain a JP. This may include cases where the JP is alleged to have breached the Code of Conduct for JPs, no longer satisfies the criteria for appointment, or meets the grounds for removal from office prescribed by the Justices of the Peace Act 2002 and the Justices of the Peace Regulation 2009.
34 A handbook for Justices of the Peace in New South Wales
Under section 10(1) of the Act, a JP has an obligation to notify the Minister in writing of any matter that may cause the JP to cease to satisfy the prescribed criteria for appointment as a JP or if the JP satisfies any of the grounds for removal prescribed under the Act. The notice must be given as soon as practicable after the JP becomes aware of the matter concerned. A penalty applies for failure to notify. If a persons appointment as a JP is to be reviewed, he or she will be notified and given the opportunity to respond to the concerns raised.
Removal from office

A person stops holding office as a JP if he or she: fails to apply for reappointment before the end of his or her five-year term, or is not reappointed resigns as JP is removed from office by the Governor of NSW. The Governor of NSW may at any time, on the recommendation of the Minister, remove a JP from office if the person: becomes bankrupt or becomes a mentally incapacitated person or is convicted in NSW or elsewhere of an offence that is punishable by imprisonment for 12 months or more or fails to take the oaths of office within four months of the date of his or her appointment or if the Minister is of the opinion that the person has failed to properly carry out his or her functions as a JP or if the Minister is of the opinion that the person does not satisfy or no longer satisfies the criteria for appointment as a JP. The criteria for appointment as a JP are that the person: be at least 18 years of age must be an Australian citizen or a person who is entitled to vote at a general election for the Legislative Assembly, unless the Minister exempts the person from having to satisfy this criterion must be of good character must consent in writing to confidential enquiries being made as to the persons suitability for appointment, including a criminal records check must not be an undischarged bankrupt must establish that the persons appointment as a JP is required for reasons relating to the persons employment or to fulfil a community-based need for the appointment.
Section 3
Resigning from office

A JP can resign from his or her appointment as a JP at any time, by writing to the Department of Attorney General & Justice using the contact details at the back of this handbook.
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Frequently asked questions Where do I get my authority to perform the role of JP? The functions and authority of a JP are set out under sections 21 and 26 of the Oaths Act 1900 and section 8 of the Justices of the Peace Act 2002. Are there any JP associations that I can join? Yes, there are a number of associations that offer membership, educational and other services to JPs. However there is no requirement for a JP to join any JP association. Can I perform marriage ceremonies? No, marriages are performed by Marriage Celebrants. A JP for NSW does not automatically become a Marriage Celebrant. If you wish to become a Marriage Celebrant, you should contact the Commonwealth Attorney Generals Department. Am I exempt from jury duty? No, the Jury Act 1977 does not provide an exemption for JPs from jury duty. Can I obtain a certificate of appointment as a Justice of the Peace? Section 3 JPs can apply for an optional certificate of appointment following confirmation of their appointment. A fee applies. Further information and application forms are available at the website www.jp.nsw.gov.au. What if a person asks me for legal advice? You must never offer legal advice in your capacity as a JP, even if you have legal knowledge. If people ask you for legal advice you can refer them to LawAccess NSW, which is a free NSW Government service that provides legal information, advice and referrals for people who have a legal problem in NSW. The service can be contacted during business hours on telephone 1300 888 529, or at website www.lawaccess.nsw.gov.au.
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Glossary
For a more detailed definition of the terms used, refer to any standard dictionary or law lexicon. Affidavit Affirmation Written statement that is sworn on oath or affirmed, and made before a person who is authorised to take an oath or affirmation Verbal, solemn declaration, which is made instead of an oath, if a person objects to the taking of an oath or if an oath is contrary to a person's religious beliefs Person who legally acts on behalf of another person Bear witness to, affirm the truth of, to testify or certify Statement in an agreement or other document that it has been duly signed in the presence of a witness, confirming the signing of the document Sign a legal document to verify that it has been completed according to law in your presence Person appointed to represent or act on anothers behalf Australian lawyer who holds a current local practising certificate or a current interstate practising certificate Person appointed to hold office in any of the positions set out under section 26 of the Oaths Act 1900 (NSW) Person with the power and responsibility to administer laws or rules that relate to a specific matter Person who makes an affidavit or deposition Legal document such as a will, a mortgage or power of attorney Online register of JPs listing all current appointments in New South Wales Memorandum at the end of an affidavit, stating when and where the affidavit was sworn or affirmed, followed by the signature, title and other details of the witness before whom the affidavit was sworn or affirmed A person appointed (or reappointed) to the Office of Justice of the Peace in and for the State of NSW Person who signs a document or declaration Written statement made in the form prescribed by the Oaths Act 1900 or the Statutory Declarations Act 1959 (Cwth) To write ones name or mark on or at the bottom of a document, especially as a witness or consenting party Sign a document to certify that it was signed by another person in your presence Section 3
Agent Attest Attestation clause
Attest or witness the execution of a document (instrument) Attorney Australian legal practitioner Australian Consular Officer/British Consular Officer Commissioner Deponent Instrument JP register Jurat
Justice of the Peace (JP) Signatory Statutory declaration Subscribe Witness a signature
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Code of Conduct for Justices of the Peace in NSW
This code establishes acceptable standards of conduct for Justices of the Peace (JPs) appointed in New South Wales under the Justices of the Peace Act 2002.
Access to services
1) A JP must not unreasonably refuse to provide JP services and must treat all persons seeking JP services with courtesy, dignity and respect. A JP must deal with requests for JP services in a timely manner.
Knowledge and competence

10) A JP must be familiar with instructions for JP services JP Handbook. The latest JP Handbook is available www.jp.nsw.gov.au. and follow the outlined in the version of the at the website
2)
Conduct and integrity

3) A JP must not engage in dishonest activities or conduct themselves in such a way as to bring the ofce of JP into disrepute. A JP must keep safe and must not reveal information which is private, condential or commercially-sensitive and which the JP has obtained when providing JP services, unless authorised by law. A JP must remain independent and impartial when providing JP services. If a JP has a personal, family, nancial or business interest in a matter before them, the JP must disclose the interest to the person seeking JP services or decline to provide JP services in that matter. If a JPs term of appointment expires and the JP has not been reappointed or the appointment has been revoked by the Governor of NSW, the JP must immediately cease providing JP services.
11) When providing JP services, a JP must clearly record his/her current JP registration number with his/her full name and signature on the document. 12) A JP must never witness a document unless the JP is satised as to the identity of the person and the JP has seen the person sign the document in the JPs presence. 13) Where an Act of Parliament provides that a declaration or instrument be signed or attested by a JP, the JP must do so in accordance with any instructions under that Act and any requirements on the declaration or instrument. 14) A JP must not offer legal advice in his or her capacity as a JP.
4)
5) 6)
Notications
15) A JP must notify the Justice & Department of Attorney General in writing as soon as practicable of: a) being convicted of a criminal offence b) being found to have acted dishonestly by any court or tribunal c) becoming bankrupt or applying for relief of a similar nature d) being disqualied from being involved in the management of any company under the Corporations Act 2001. 16) A JP must provide written notication to the Justice & Department of Attorney General of a change of his/her: a) name b) postal and/or email address c) telephone number on which the JP can be contacted in relation to JP services.
7)
Appendix
Financial and personal benet

8) 9) A JP must not charge a fee or accept a gift for providing JP services. A JP must not use the title of JP to advance or appear to advance his/her own business, commercial or personal interests, but a JP may use the title of JP after his or her name on a business card or letterhead.
State of New South Wales through the Department of Attorney General & Justice June 2011. You may freely deal with this work for any purpose other than for profit. For more information email jp@agd.nsw.gov.au, phone (02) 8688 7487 or visit www.jp.nsw.gov.au. Issued under the Justices of the Peace Regulation 2009 ISBN 978-1-921301-76-6
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Contacting the Department of Attorney General & Justice

Justice of the Peace Section Community Relations Unit Department of Attorney General & Justice Locked Bag 5111 PARRAMATTA NSW 2124 160 Marsden Street PARRAMATTA NSW 2150 www.jp.nsw.gov.au jp@agd.nsw.gov.au (02) 8688 7487 (02) 8688 9620

JP Handbook2012

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A handbook for Justices of the Peace in New South Wales

A handbook for Justices of the Peace in New South Wales

Section 2 Performing your duties as a Justice of the Peace .............................. 5

2.10 Checking a person's identity ................................................................................................... 29

Section 3 Important information about your appointment ................................ 31

About this handbook

Using this handbook

A handbook for Justices of the Peace in New South Wales

1.1 Your role as a Justice of the Peace

1.2 Your obligations as a Justice of the Peace

A handbook for Justices of the Peace in New South Wales

Section 2 Performing your duties as a Justice of the Peace

Section 2 Performing your duties as a Justice of the Peace

2 Performing your duties as a Justice of the Peace

2.1 Witnessing the signing of a document

A handbook for Justices of the Peace in New South Wales

Section 2 Performing your duties as a Justice of the Peace

A handbook for Justices of the Peace in New South Wales

2.2 Witnessing a statutory declaration

Section 2 Performing your duties as a Justice of the Peace

A handbook for Justices of the Peace in New South Wales

Section 2 Performing your duties as a Justice of the Peace

A handbook for Justices of the Peace in New South Wales

This is example 1 of the format of a NSW statutory declaration form

OATHS ACT 1900, NSW, EIGHTH SCHEDULE

The declarant must enter his or her statements here

Section 2 Performing your duties as a Justice of the Peace

This is example 2 of the format of a NSW statutory declaration form

OATHS ACT 1900, NSW, NINTH SCHEDULE

I, .......................................................................................................................... do hereby solemnly declare and affirm that, .........................................................

The declarant must enter his or her statements here

A handbook for Justices of the Peace in New South Wales

Declared at 4 Before me,

Section 2 Performing your duties as a Justice of the Peace

2.3 Witnessing an affidavit

A handbook for Justices of the Peace in New South Wales

Section 2 Performing your duties as a Justice of the Peace

A handbook for Justices of the Peace in New South Wales

This is an example of the format of an affidavit Page 1 of 2

Details of deponent (person making affidavit)

Section 2 Performing your duties as a Justice of the Peace

SWORN/AFFIRMED (delete whichever is inapplicable) at (insert name of place):

A handbook for Justices of the Peace in New South Wales

2.4 Witnessing an affidavit of a person who does not speak English

A handbook for Justices of the Peace in New South Wales

Details of the interpreter who is making this interpreter's affidavit

I understand the English language and the [ ] language well.

Section 2 Performing your duties as a Justice of the Peace

before me:.............................................. (Justice of the Peace)

............................................. (Interpreters signature)

A handbook for Justices of the Peace in New South Wales

2.5 Checking or certifying identification requirements

Section 2 Performing your duties as a Justice of the Peace

2.6 Certifying copies of original documents

A handbook for Justices of the Peace in New South Wales

Section 2 Performing your duties as a Justice of the Peace

2.7 Using the title of Justice of the Peace

2.8 Using a stamp

A handbook for Justices of the Peace in New South Wales

2.9 Dealing with requests for Justice of the Peace services

2.10 Checking a persons identity

Section 2 Performing your duties as a Justice of the Peace