Justices of the Peace Regulations 2021 (SA)

South Australia Justices of the Peace Regulations 2021 under the Justices of the Peace Act 2005

Contents 1 Short title 2 Commencement 3 Interpretation 4 Prescribed requirements for appointment as justice 5 Additional prescribed requirements for appointment as special justice 6 Disciplinary action 7 Period of service prescribed for retired justices 8 Special justices must comply with Code Schedule 1—Code of Conduct for Justices of the Peace and Special Justices Part 1—Provisions applicable to all justices of the peace 1 Justice must act within conditions of appointment 2 Prohibition on soliciting or accepting fees, gifts etc in connection with office of justice 3 Conflict of interest and improper influence 4 Administering oaths, taking affidavits, witnessing instruments, etc 5 Justice must not divulge confidential information 6 Justice must not provide legal advice 7 Restrictions on use of office or title of justice 8 General conduct 9 Notice of certain information to be provided to Attorney‑General Part 2—Additional provisions applicable to special justices 10 Interpretation 11 Court duties etc 12 Notice of certain information to be provided to Chief Magistrate and Judge of Youth Court Schedule 2—Code of Conduct for Retired Justices of the Peace 1 Prohibition on profiting from office of justice Schedule 3—Revocation of Justices of the Peace Regulations 2006 Legislative history

1—Short title These regulations may be cited as the Justices of the Peace Regulations 2021. 2—Commencement These regulations come into operation on 1 September 2021. 3—Interpretation In these regulations— Act means the Justices of the Peace Act 2005. 4—Prescribed requirements for appointment as justice (1) For the purposes of section 4(8)(d) of the Act, a person who is to be appointed as a justice must meet the following prescribed requirements: (a) the person must be able to understand the duties and powers of a justice; (b) the person must be sufficiently proficient in speaking English, and in reading and writing in the English language, so as to be able to— (i) identify the nature of documents; and (ii) read and understand instructions relating to the person's official duties; and (iii) seek advice about the person's official duties; (c) the person must not be bankrupt or have applied as a debtor to take the benefit of the laws relating to bankruptcy; (d) the person must not be disqualified from managing or being involved in the management of any company under the Corporations Act 2001 of the Commonwealth; (e) the person must provide at least 2 references as to the person's good character, reputation and standing in the community; (f) the person must live or work in an area or community in which there is a need for a justice. Examples— 1 The community in which the applicant lives or works may be scattered over a wide area. In that case, it may be desirable to appoint more justices per head of population than in a densely populated urban community. 2 The community in which the applicant lives or works may include particular ethnic or cultural groups. In that case, it may be desirable to appoint a justice of the same ethnic or cultural group. 3 Some places of employment (such as a local council office or the electorate office of a Member of Parliament) have a higher than usual demand for the services of a justice. In that case, it may be desirable to appoint an applicant employed in such a place as a justice. (2) A person applying for reappointment as a justice on the expiration of the person's term of appointment under section 4 of the Act is exempt from meeting the requirements under subregulation (1)(e) and (f). 5—Additional prescribed requirements for appointment as special justice (1) For the purposes of section 7(3)(c) of the Act, a justice who is to be recommended by the Attorney‑General for appointment as a special justice must meet the following prescribed requirements: (a) the justice must be under the age of 65 years; (b) the justice must speak English fluently, and be sufficiently proficient in reading and writing in the English language, so as to be able to— (i) communicate clearly in a courtroom; and (ii) read and understand court documents and legislation; (c) the justice must not have been convicted of any offence and must not have any outstanding charges or proceedings in relation to an offence alleged to have been committed by the justice; (d) the justice must have been recommended to the Attorney‑General by the Chief Magistrate or the Judge of the Youth Court. (2) Despite subregulation (1)(a), the Attorney‑General may recommend for appointment as a special justice a justice who is of or over the age of 65 years if satisfied that there is good reason to do so. (3) Despite subregulation (1)(c), the Attorney‑General may recommend for appointment as a special justice a justice who has been convicted of an offence or who has outstanding against them a charge or proceedings in relation to an offence if the Attorney‑General is satisfied that the conviction, or outstanding charge or proceedings should, in the circumstances, be disregarded. (4) In this regulation— offence does not include an offence that is expiable. 6—Disciplinary action Pursuant to section 11(1)(c) of the Act, there is proper cause for taking disciplinary action against a justice if the justice breaches, or fails to comply with, Part 1 (other than clause 9(2) or (3)) of the Code of Conduct for Justices of the Peace and Special Justices. 7—Period of service prescribed for retired justices For the purposes of section 16(4)(a) of the Act, the prescribed period is 20 years. 8—Special justices must comply with Code Special justices must comply with the Code of Conduct for Justices of the Peace and Special Justices.