Justices of the Peace serve different roles in different jurisdictions. It is important, therefore, to understand the role of Justices of the Peace in the A.C.T. and the legislative basis for that role.
In the A.C.T. Justices of the Peace are appointed by the Minister, under the Justices of the Peace Act 1989 (the Act), but the Act does not prescribe the role. Generally, the role of Justices of the Peace in the A.C.T. is determined by procedural requirements of other A.C.T. legislation. Justices of the Peace may, however, perform a wider range of functions under Commonwealth law, including the witnessing statutory declarations.
Specifically, Justices of the Peace have a role under the Oaths and Affirmations Act 1984. Under this Act, an oath or affidavit to be made for the purposes of a proceeding or for any purpose under law in the A.C.T. can be sworn or affirmed before a Justice of the Peace.
The Instruments Act 1933 provides for Justices of the Peace to have a role in the enforcement of bills of sale.
Justices of the Peace may also have a role under the Customs Act 1901 (Cwlth). This Act provides for Justices of the Peace to issue an order for an external search of a detainee in certain circumstances.
By virtue of the Oath of Office taken at the time of their appointment, A.C.T. Justices of the Peace undertake to 'well and truly serve in the office of justice of the peace of the Australian Capital Territory'. Justices of the Peace in the A.C.T. serve the community primarily by:
The role of A.C.T. Justice of the Peace is limited to functions in the A.C.T. and while the Justice is physically present in the A.C.T. There is legislation in most other jurisdictions, which allows documents to be witnessed in the A.C.T. to be accepted in a court in that jurisdiction.
The Minister's expectation of Justices of the Peace in the A.C.T. is that they will serve the wider A.C.T. community. This means that Justices of the Peace are not generally appointed for the purposes of serving only the organisation in which they work.
