Watch previous JP webinars
New JP and Cdec handbook now available
The new combined Duties for Justices of the Peace (Qualified) and Commissioners for Declarations handbook is now available.
You can download the JP and Cdec handbook for free.
To order a physical copy, visit the JP shop.
If you haven’t been able to attend one of our professional development opportunities, you can watch one of the following recorded webinars:
- Overview of your new JP and Cdec handbook
- Witnessing family law service documents
- Witnessing family law documents
- Peace and good behaviour—summons and warrants
- Certifying documents for Ahpra
- Issuing a Queensland Police Service search warrant
- Witnessing wills
- Witnessing enduring documents
- Certifying copies of enduring documents
- Witnessing production notices.
You can also register for an upcoming webinar or attend one of our workshops if you prefer face-to-face training.
Overview of your new JP and Cdec handbook
On 22 July 2024, the Justices of the Peace Branch released the Duties of Justices of the Peace (Qualified) and Commissioner for Declarations handbook. The combined JP and Cdec handbook replaces the previous individual handbooks.
Download the Duties of Justices of the Peace (Qualified) and Commissioners for Declarations handbook.
Witnessing family law service documents
As a Justice of the Peace or Commissioner for Declarations, it is important you are familiar with witnessing service documents for the Federal Circuit and Family Court of Australia, as they differ to other court jurisdictions.
Related resources:
- Chapter 4.8 of the Duties of Justices of the Peace (Qualified) and Commissioner for Declarations handbook about witnessing family law documents.
- Federal Circuit and Family Court of Australia's Divorce service kit (do it yourself kit).
Witnessing family law documents
When witnessing a form for a family law matter, generally the Family Law Act 1975 (Commonwealth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 apply. As a Justice of the Peace or Commissioner for Declarations, it is important you are familiar with these rules, how to witness an affidavit with annexures, as they differ to other court jurisdictions.
Related resources:
- Chapter 4.8 of the Duties of Justices of the Peace (Qualified) and Commissioner for Declarations handbook about witnessing family law documents.
- Federal Circuit and Family Court of Australia resources
Peace and good behaviour—summons and warrants
A person may apply to the Magistrates Court for protection from another person by applying for a peace and good behaviour order. Before you can issue a summons or warrant, you must be satisfied that there are sufficient and reasonable grounds included in the complaint. In this webinar, we discuss these reasonable grounds and your statutory obligations under the Peace and Good Behaviour Act 1982.
Related resources:
- Chapter 5.2 of the Duties of Justices of the Peace (Qualified) and Commissioners for Declarations handbook about issuing a summons or warrant under the Peace and Good Behaviour Act 1982.
- Queensland Courts—applying for protection.
Certifying copies for Ahpra
A person seeking registration with the Australian Health Practitioner Regulation Agency (Ahpra) may be required to provide certified copies of original documents to support their application. Ahpra's certification process differs to the steps outlined in chapter 3.1 of your handbook. In this webinar, we show you how to correctly certify copies of documents for an Ahpra registration.
Related resources:
Issuing a Queensland Police Service search warrant
This is probably one of the most solemn duties of a JP(Qual)—giving Queensland Police the authority to search a place. Apart from protecting the rights of the occupier, you must be satisfied the search warrant application is justified. This webinar explains what you need to consider before you can issue a search warrant.
Related resources:
- Chapter 5.4 of the Duties of Justices of the Peace (Qualified) and Commissioner for Declarations handbook about issuing search warrants.
- Webinar sample forms:
- QPS vision of search warrant execution.
Witnessing wills
A will is one of the most important documents a person will make their lifetime. Learn about the witnessing steps involved if you are approached to witness a will and what to do if your client wishes to make changes to their existing will.
Related resources:
- Chapter 4.10 of the Duties of Justices of the Peace (Qualified) and Commissioners for Declarations handbook about witnessing wills.
- Witnessing wills activities
Witnessing enduring documents
On 30 November 2020, changes to guardianship laws commenced and new enduring power of attorney and advance health directive forms were issued. While your witnessing role essentially remains the same, in this webinar we will introduce you to the updated forms, which replaced the forms that had been in place for more than 16 years.
Related resources:
- Chapter 4.9 of the Duties of Justices of the Peace (Qualified and Commissioners for Declarations handbook about witnessing general powers of attorney, enduring powers of attorney and advance health directives.
- Power of attorney and advance health directive forms and explanatory guides.
- Capacity assessment guidelines.
Certifying copies of enduring documents
The requirement to certify each page of an enduring document has been removed from section 45 of the Powers of Attorney Act 1998. A copy must only be certified to show that it is a true and complete copy of the original. In this webinar we will show you how to correctly apply the amended certification using any existing certified copy stamp that you have.
Related resources:
- Chapter 3.1 of the Duties of Justices of the Peace (Qualified) and Commissioners for Declarations handbook about certifying copies of documents.
- Enduring power of attorney and advance health directive forms and explanatory guides.
Witnessing production notices
Under the Police Powers and Responsibilities Act 2000, a police officer may apply to a Justice of the Peace to issue a production notice, instead of applying for a search warrant.
A production notice is produced to a cash dealer who holds documents that may be evidence in the committing of an offence. In this webinar we explain how you should consider a production notice application, as well as what reasonable grounds need to be satisfied before you issue the officer with the production notice.
You can access more information about how to witness a production notice in chapter 5.6 of the Duties of Justices of the Peace (Qualified) and Commissioners for Declarations handbook.