Appointed as a justice of the peace in Victoria

You have been appointed as a justice of the peace

A Victorian justice of the peace is an unpaid volunteer appointed to witness and certify documents used for official and legal purposes: signing documents, affidavits for court, statutory declarations, and certified copies of documents or of a person’s identity. Appointments are made by the Governor in Council on the Attorney-General’s recommendation.

Unlike the other appointments in this file, it is a public office: it comes with an oath, a binding code of conduct, and offences for misusing it.

§1Before the first signature: the oath

After the appointment and before acting, a new JP takes an oath or affirmation of office before a magistrate. In it, the JP promises to carry out the office according to law and to the best of their knowledge and ability, “without fear, favour or affection”. From then on, the guidance says, the public, institutions and the court rely on the JP’s word.

§2What the role is, and where it stops

A JP attests that a person signed in their presence. In general they are not required to read, take notes of or copy what they witness, and they don’t vouch for its truth or its legality. Where a person has impaired vision or limited literacy, a JP may read an affidavit or statutory declaration to them and record in writing that they did.

Some documents carry more weight. A Victorian JP can witness enduring powers of attorney and appointments of medical treatment decision makers, the documents that govern a person’s life once they can’t manage their own affairs. Section 4 of this letter returns to them.

The code of conduct marks the edges of the office. A JP must not give legal advice in their capacity as a JP, claim powers they don’t have, or improperly influence anyone; must disclose a conflict of interest and not act while it stands; and must refuse to witness a document or an oath when they reasonably doubt the person is legally or mentally competent to make it.

§3The rules that attach to the office

Rules for Victorian JPs, as the Victorian Government sets them out
Rule	What it means in practice
No fee, gift or reward	It is an offence to demand, take or accept any payment or reward for JP duties, punishable by up to 12 months’ imprisonment. Cash, gifts of no monetary value, and free or discounted goods or services all count, and so does asking for a donation to charity.
The title is not for business	A JP may write JP after their name, but using the title to promote a business or personal interest is an offence, for example on business cards, letterheads, advertising, signage or a business website.
Reasonably active and available	A JP’s name, suburb or town, hours and phone number appear on the public Find a Justice of the Peace service unless there are exceptional circumstances; the street address stays confidential. Absences of more than a month are reported to the department.
Privacy	What a JP sees is kept private under the Privacy and Data Protection Act 2014. There is no need to keep copies, and that duty continues after the JP leaves office.
Changes reported within 21 days	Including a change of name, address or contact details; ceasing to be a citizen or to live ordinarily in Victoria; bankruptcy; being charged with an offence punishable by 6 months’ imprisonment or more; or losing the capacity to carry out the office.
The code binds	Contravening the Honorary Justice Code of Conduct may be grounds for removal from office.

Rules for Victorian JPs, as the Victorian Government sets them out

Rule

What it means in practice

No fee, gift or reward

It is an offence to demand, take or accept any payment or reward for JP duties, punishable by up to 12 months’ imprisonment. Cash, gifts of no monetary value, and free or discounted goods or services all count, and so does asking for a donation to charity.

The title is not for business

A JP may write JP after their name, but using the title to promote a business or personal interest is an offence, for example on business cards, letterheads, advertising, signage or a business website.

Reasonably active and available

A JP’s name, suburb or town, hours and phone number appear on the public Find a Justice of the Peace service unless there are exceptional circumstances; the street address stays confidential. Absences of more than a month are reported to the department.

Privacy

What a JP sees is kept private under the Privacy and Data Protection Act 2014. There is no need to keep copies, and that duty continues after the JP leaves office.

Changes reported within 21 days

Including a change of name, address or contact details; ceasing to be a citizen or to live ordinarily in Victoria; bankruptcy; being charged with an offence punishable by 6 months’ imprisonment or more; or losing the capacity to carry out the office.

The code binds

Contravening the Honorary Justice Code of Conduct may be grounds for removal from office.

For safety, the department suggests JPs avoid working in private homes, their own or the client’s, and use public places such as a document signing station, a community centre, council chambers or a library, with enough privacy for the person’s papers.

§4Witnessing a power of attorney

For most powers of attorney and similar appointments, the witness certifies that the person making it has decision-making capacity and is signing freely and voluntarily. The guidance explains why that matters: these documents have been used to strip vulnerable people of their property, often by those closest to them.

A JP is not expected to act as a doctor or psychologist, only to use their best judgement and the principles in the relevant law, at a time and in a setting where capacity can be judged most accurately. Where there is doubt, the guidance sets out extra steps:

See the person alone for part of the appointment, asking anyone with them to step out, and explain that what they say stays confidential.
Ask open questions that can’t be answered yes or no, about what the document lets the appointed person do, when, and within what limits, and whether anyone has pressured them.
Keep to the purpose. The questions only confirm that the person understands the document and wants to sign it; they don’t ask why the person is making it, or about their family or health.
Check any interpreting. If an interpreter is used, the JP must be satisfied the form was explained in a language the person understands, and the person being appointed as attorney cannot be the interpreter.

Behind those steps sits the Act’s test: a person has decision-making capacity if they can understand the relevant information and the effect of the decision, retain it long enough, use or weigh it, and communicate the decision in some way. Capacity is presumed unless there is evidence otherwise, and a decision others think unwise is not, by itself, evidence.

§5Leaving the office

A JP resigns by written notice to the Governor, or by email to Honorary Justice Services Support. A former JP may apply to use the title JP (retired): with 20 years’ service if they leave office under 75, or 10 years if they are over 75 or leave because of ill health. Removal for misconduct or bankruptcy rules it out.