Learn more about the Justice of the Peace Rules
1. A Justice of the Peace must not act unless satisfied that he or she has the authority or jurisdiction to do so.
2. A Justice of the Peace must assist a person seeking assistance to find another qualified and available Justice of the Peace if unable to act.
3. A Justice of the Peace should assist a person seeking assistance if required by the circumstances (for example, due to a person’s mobility, sight or hearing disability, or concerns regarding language or literacy).
4. A Justice of the Peace should not be pressured into acting, but should take the time necessary to ensure the appropriate legislation and procedures are followed.
5. A Justice of the Peace is required to read a document, and should be satisfied, before acting, that the document is substantially in the correct format for that type of document.
6. A Justice of the Peace must always warn and explain to the signatory of a statutory declaration or affidavit the consequences of making a false statement.
7. A Justice of the Peace must not witness a signature unless he or she has personally met the signatory and the document is signed in his or her presence.
8. A Justice of the Peace must not sign a document until after the signatory has signed it.
9. A Justice of the Peace should not witness a blank or incomplete document or a document written in pencil, which could be erased, or where there is space where information can be added at a later time.
10. A Justice of the Peace must not sign copies of documents as certified true copies unless he or she has actually sighted the original document and is satisfied that it is a true copy of the original document.
11. A Justice of the Peace should suitably qualify the jurat if his or her role was limited in any way (for example, if the person seeking assistance refused to allow the Justice of the Peace to sight the entire document).
12. A Justice of the Peace cannot witness his or her own signature when signing documents, a Justice of the Peace must use the same name as noted in the Justices of the Peace register and should record his or her registration number.
13. A Justice of the Peace must maintain appropriate records regarding the provision of services to the public.