Justices of the Peace and Commissioners for Declarations
Part of the Justices of the Peace (JPs) topic
Understand how Justices of the Peace and Commissioners for Declarations can help members of the community in Queensland.
On this page
In short
Justices of the Peace (JPs) and Commissioners for Declarations (Cdecs) are volunteers. They help members of the community by:
- witnessing and certifying documents
- performing some judicial duties.
What you should know
JPs and Cdecs are volunteers. They ensure the integrity of legal documents and processes.
They are:
- not paid
- appointed by the Queensland Government.
They must complete training to qualify for the role and follow:
- strict witnessing procedure
- ethical standards
- the Justices of the Peace and Commissioners for Declarations Code of Conduct.
JPs and Cdecs are not qualified to provide legal advice.
Commissioners for Declarations
In Queensland a Cdec can perform specific witnessing and certification duties.
Their responsibilities include:
- witnessing signatures on documents, statutory declarations and affidavits
- administering oaths and affirmations
- certifying copies of original documents as true copies.
They are trained to witness Enduring Powers of Attorney and advance health directives.
Justices of the Peace (Qualified)
A JP (Qual) can perform all of the duties of a Cdec. They have completed further training that gives them additional powers.
Their additional powers include:
- issuing search warrants
- issuing arrest warrants
- granting bail
- issuing summonses
Two JPs (Qual) or one JP (Qual) and one JP (Mag Ct) can constitute a Magistrates Court to deal with specific matters. They opererate under the supervision of the Queensland Magistrates Court system.
Justice of the Peace (Magistrates Court)
A JP (Mag Ct) can perform all the duties of a JP (Qual) with an additional power.
Two JPs (Mag Ct) can form a Magistrates Court and can deal with guilty pleas for offences under the Summary Offences Act 2005 and the Regulatory Offences Act 1985.
Two JPs (Mag Ct) cannot hear:
- serious criminal matters
- complex legal cases
- disputes requiring detailed legal interpretation.