What does a Justice of the Peace do?

Have you ever needed to fill in a statutory declaration, or get a certified copy of an original document?

Chances are most of us have come across a Justice of the Peace (‘JP’) at some point in our lives, but what exactly does a JP do?

The main functions of JPs are:

1. To witness statutory declarations;

2. To witness affidavits; and

3. To certify that copies of original documents are true and accurate.

JPs can only exercise their functions in the state or territory they are sworn in; for instance, a JP in NSW cannot witness a statutory declaration in another state or territory. There are no national JPs.

The history of JPs

JPs are a very old part of our legal tradition, dating back to 1195 in England.

They were responsible for keeping the peace in unruly neighbourhoods while the King was away.

As centuries passed, JPs were given all kinds of powers; including hearing and determining criminal cases, and even licensing pubs.

Today, they have a lot less power but play an important practical role in the legal system nonetheless.

The current role of JPs

JPs are trusted members of the community, and the purpose of having JPs verify documents is to increase the likelihood that they are genuine.

Courts, government agencies and other public bodies and organisations rely on these documents to be accurate and truthful.

Before verifying a document, the JP must also have either known you for 12 months or more, or seen your photographic identification, such as a driver licence, and compared it with your face.

Unless an exemption applies, facial coverings must be removed before a JP can verify a document. Exemptions may be given for medical reasons, but not religious reasons.

Who can become a JP?

JPs must be over the age of 18, Australian citizens or entitled to vote, and undergo a criminal record check.

Certain crimes will exclude a person from becoming a JP, although not all offences will render an applicant ineligible. Undischarged bankrupts are excluded.

JPs are appointed if there is a community based need for the appointment, or if it is a component of the applicant’s job.

You can locate JPs online using the public register, which searches for JPs by postcode.

Keep in mind that since the position is voluntary, JPs may only be available at certain times and dates.

How can I become a JP?

In order to become a JP, you must complete an application form and gather supporting materials.

The form can be downloaded for free from the internet.

You will also need to get a Member of Parliament to nominate you for appointment. Applicants will often get their local member to do this.

Once the MP has sent off your application form together with their nomination, it will normally take a couple of months to be processed.

Once approved, you will have to make an appointment with your Local Court to swear the Oath of Office.

Your appointment will then be confirmed and your name will be placed on the register of JPs in NSW.

Does it cost anything to have a JP witness documents?

No. Regulation 3 of the Code of conduct for justices of the peace prohibits JPs from accepting payment or gifts for their services.

They are also prohibited from promoting their status as JPs to further their commercial or business interests.

Lawyers can also verify statutory declarations and affidavits, but they may not always do it for free.