1 Name of Regulation
This Regulation is the Justices of the Peace Regulation 2003.
2 Commencement
This Regulation commences on 8 December 2003.
3 Definition
In this Regulation:the Act means the Justices of the Peace Act 2002.
4 Criteria for appointment as justice of the peace
For the purposes of section 5 (1) (c) of the Act, the following criteria must be satisfied by a person for appointment as a justice of the peace:(a) the person must be an Australian citizen or a person who is entitled to vote at a general election for the Legislative Assembly, unless the Minister exempts the person from having to satisfy this criterion,(b) the person must be of good character,(c) the person must consent in writing to confidential inquiries being made as to the person’s suitability for appointment, including a criminal records check,(d) the person must not be an undischarged bankrupt,(e) the person must establish that the person’s appointment as a justice of the peace is required for reasons relating to the person’s employment or to fulfil a community-based need for the appointment.
5 Oath of office
For the purposes of section 7 of the Act, the oath of office is to be taken, not later than 4 months after the date of appointment of the person concerned or within such further period as the Minister may approve in relation to the person, in accordance with requirements for justices of the peace under the Oaths Act 1900.
5A Code of conduct
For the purposes of section 8 (3) of the Act, the code of conduct called Code of Conduct for Justices of the Peace in NSW, as published in the Gazette on 1 August 2008, is prescribed.cl 5A: Ins 2008 (314), cl 3.
6 Additional circumstances for removal from office
For the purposes of section 9 (3) (d) of the Act, a person may be removed from office as a justice of the peace in the following circumstances:(a) if the person fails to take the oath of office in accordance with clause 5,(b) if the Minister is of the opinion that the person does not satisfy or no longer satisfies the criteria for appointment as a justice of the peace,(c) if the Minister is of the opinion that the person has failed to carry out properly the person’s functions as a justice of the peace.
7 Contents of register
(1) For the purposes of section 11 (2) of the Act, the register of justices of the peace is to contain the following particulars in relation to a justice of the peace:(a) the full name of the justice of the peace,(b) the suburb or town where the justice of the peace carries out most of his or her functions as a justice of the peace, and the postcode of that suburb or town,(c) a telephone number, nominated by the justice of the peace, on which members of the public may contact the justice of the peace.(2) Despite subclause (1), the particulars referred to in subclause (1) (b) and (c) may not be included on, and must be removed from, the register if:(a) a justice of the peace who exercises functions as a justice of the peace primarily for purposes related to his or her employment notifies the Director-General of the Attorney General’s Department in writing that the justice of the peace does not consent to their inclusion, or(b) any justice of the peace notifies the Director-General of the Attorney General’s Department that the safety or well-being of the justice of the peace would be affected if the information is included or not removed and the Director-General is satisfied that the exclusion or removal is necessary for that reason.
8 Savings provision
A justice of the peace whose appointment as a justice of the peace is continued by clause 2 of Schedule 1 to the Act is taken to have taken an oath of office in accordance with section 7 of the Act.