Summary
- Updated description of sections. Sections 1–4 which relate to both Justice of the Peace and Commissioner for Declarations qualifications. Sections 5–6 relate to Justices of the Peace only.
JP and Cdec handbook updates
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:
- Duties of Justices of the Peace (Qualified)
- Duties of Commissioners for Declarations.
Use this page to keep track of updates to the JP and Cdec handbook as they are made.
You can also see a list of superseded publications due to the release.
Updates released 22 July 2024
You can download the complete JP and Cdec handbook online. An overview of the updates that were made to each section and chapter can be found below.
Section 1—Introduction
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Summary
- Added information regarding the Queensland Government Insurance Fund (QGIF) and Queensland Government Indemnity Guidelines.
- Added URL/link to Incident Report Form.
- Removed JP mobile app content.
- Updated Justice Associations content.
- Inserted 'Support for JPs and Cdecs'.
- Inserted Justices of the Peace Branch contact details that are referenced in future chapters.
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Summary
- Updated list of commonly used terms used in the handbook.
- Inserted an updated list of acronyms and abbreviations.
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Section 2—Your role
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Summary
- Updated qualification for appointment information.
- Updated suitability for appointment information.
- Added disqualifying convictions and exemptions for disqualifying convictions information.
- Updated the JP and Cdec code of conduct under section 31G of the Justices of the Peace and Commissioner for Declarations Act 1991.
- Inserted information about special witnesses approved under the Oaths Act 1867.
- Expanded the definition of what is legal advice.
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Summary
- Inserted outlines of both Cdecs and JP roles and responsibilities.
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- Updated confidentiality and recording personal information heading.
- Inserted reference to chapter 4.11 about mandatory record keeping requirements for Titles Registry forms.
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- Updated Queensland court jurisdictions and JP powers.
- Updated Supreme, District and Magistrates Court summaries.
- Removed summary of Queensland Civil and Administrative Tribunal.
- Expanded list of other courts and tribunals.
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- Updated to match current guidelines on assisting people from a culturally and linguistically diverse backgrounds.
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- Updated chapter name and content in line with whole-of-government guidelines.
- Moved information about 'Assisting a person who is unable to read and write' to the new chapter 2.8.
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Section 3—Certifying copies
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Summary
- Added a definition of what is a document.
- Added instructions on ‘Certifying digital identity documents’.
- Added information around returning the originals to the person before certifying copies to avoid accidently certifying the original.
- New FAQ on certifying copies that will be sent overseas.
- Removed ‘Quick guide’.
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Section 4—Witnessing
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Summary
- Updated and reordered general witnessing steps.
- Inserted information about what statements are required on statutory declarations and affidavits. Reference made to chapters 4.2 and 4.7.
- Inserted reference to substitute signatories.
- Inserted information on when a signatory may withhold certain information on a document due to their safety concerns.
- Updated instructions on marking annexures and referring to chapters 4.7 and 4.8.
- Updated 'Things to bear in mind'.
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Summary
- Updated chapter name to highlight the difference between Queensland and Commonwealth statutory declarations.
- Inserted information about a Queensland statutory declaration and its use.
- Inserted information about the required statements the statutory declaration must include.
- Inserted statutory obligations and requirements for JPs and Cdecs under the Oaths Act 1867.
- Inserted information about the use of substitute signatories and eligibility.
- Inserted new instructions for Commonwealth statutory declarations included as impacted by amendments to the Statutory Declarations Act 1959.
- Inserted information about witnessing Commonwealth statutory declarations by video link.
- Inserted FAQs relating to witnessing Commonwealth statutory declarations.
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Summary
- Removed extract from the Transport Operations (Road Use Management) Act 1995.
- Inserted information to include seat belt and mobile phone offenses.
- Added FAQs.
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- Updated chapter name.
- Updated the definition of domestic and family violence.
- Inserted 'How do I witness a statutory declaration in a protection order application?'.
- Inserted 'Things to bear in mind'.
- Removed list of forms.
- Inserted instructions on not changing location on forms from 'Queensland'.
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Summary
- Replaces previous chapter 4.5—'Witnessing blue card applications'.
- Inserted information about the signatory confirming with the receiving agency prior to having their document witnessed by a JP or Cdec.
- Updated scenarios illustrating the limitation of powers and converted to a table.
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Summary
- Updated references to a faith-based higher power to include 'God or another Deity'.
- Added FAQ on as using mobile devices for religious oaths (previously a technical bulletin).
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Summary
- Inserted statutory obligations and requirements for JPs and Cdecs under the Oaths Act 1867.
- Inserted information about the required statements an affidavit must include.
- Inserted information about the use of substitute signatories and eligibility.
- Inserted information about how to endorse annexures and certificates of exhibits.
- Insert example certificate of exhibit marking.
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Summary
- Updated court name to the Federal Circuit and Family Court of Australia.
- Inserted the types of family law matters dealt with by the court.
- Inserted new subheadings—'How do I witness family law documents?' and 'What is divorce?'.
- Inserted instructions on witnessing 'Affidavits of Service by post and hand'.
- Inserted information on pagination and page numbering requirements.
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Summary
- Combined Enduring Powers of Attorney (EPA) and Advance Health Directives (AHD) information around assessing an adult’s capacity to make an enduring document.
- Updated witnessing steps.
- Combined EPA and AHD Quick Guides.
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- Updated headings to highlight entitlement to sign obligation.
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Section 5—Warrants and summonses
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Summary
- Updated witnessing instructions and separated into 2 parts—'Complaint' and 'Summons'.
- Updated headings.
- Inserted new heading 'Who can request a summons?'
- Removed information around how the summons is served on the defendant.
- Updated witnessing instructions for witness to only insert their full name on the document if required.
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Summary
- Inserted instructions about the prescribed forms being in 2 parts.
- Updated witnessing instructions and separated into 2 parts—'Peace and good behaviour complaint' and 'Peace and good behaviour summons'.
- Removed information about alternative action that a JP can take.
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Summary
- Updated chapter name.
- Removed legislation references.
- Inserted instructions on correctly calculating the expiry day and time of a search warrant.
- Updated witnessing instructions and separated into 2 parts—'Application for a search warrant' and 'Search warrant'.
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Summary
- Updated witnessing instructions and separated into 2 parts—'Application for a search warrant' and 'Search warrant'.
- Updated description of warrant expiry times and days.
- Updated information around search warrants JPs do not have the authority to issue.
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- Updated witnessing instructions and separated into 2 parts—'Application for an arrest warrant' and 'Arrest warrant'.
- Removed legislation heading and information.
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Section 6—Other times JPs may be required
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Summary
- Updated definitions of a 'support person'.
- Updated steps 'How do I conduct myself at a record of interview?'.
- Removed references to legislation.
- Inserted additional information on ensuring the child is provided the appropriate assistance.
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Summary
- Updated chapter name.
- Updated witnessing instructions and separated into 2 parts—'Application for extension of detention period' and 'Order for extension of detention period'.
- Inserted additional information about 'What is a detention period?'.
- Updated subheadings.
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Summary
- Subheadings updated.
- Updated witnessing instructions and separated into 2 parts—'Application' and 'Order'.
- Inserted 'Things to bear in mind'.
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- Updated definition of bail.
- Updated information around the requirement for two JPs to hear an 'Application for bail'.
- Updated subheadings.
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Summary
- Updated subheadings.
- Updated steps on hearing an 'Application for bail'.
- Updated information around the requirement for two JPs to hear an 'Application for bail'.
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Summary
- Updated subheadings.
- Separated instructions for the 'Undertaking as to bail undertaking' and 'Affidavit of justification'.
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Superseded publications
The new combined JP and Cdec handbook supersedes the previous handbooks.
It also supersedes the following technical bulletins:
- 01/24—Witnessing Commonwealth statutory declarations
- 02/22—Changes to the Oaths Act 1867
- 01/20—Camera detected infringement notices
- 04/19—Recordkeeping and personal information
- 03/19—Land title notice available to download
- 03/18—Use of mobile device to administer a religious oath
- 03/17—Queensland Police production notices
- 01/17—Mental Health Act 2016: Abolishment of Justice Examination Orders
- 03/14—Witnessing Tattoo Parlours Act 2013 Applications
- 06/12—New South Wales Identity Requirements
- 02/12—Changes to relationship recognition in Queensland
- 02/11—Witnessing Victim Assist Queensland applications for financial assistance and funeral assistance
- 05/10—Witnessing family law documents
- 03/10—Queensland Civil and Administrative Tribunal
- 11/09—Muslim women wearing a niqab (veil) or burka requiring identification
- 10/09—New incident report form available to download
- 08/09—Introduction of new security paper features by Queensland Registry of Births, Deaths and Marriages
- 04/09—Definition of day when considering search warrants
- 03/09—Mentoring guidelines under the ‘JPs in the Community’ program
These technical bulletins have been removed.