Fre qu e n t l y A ske d Q u e st ion s
Frequently Asked Questions
About the Reappointment of Justices of the Peace
Introduction
This booklet has been developed to answer the most common questions asked about the reappointment of Justices of the
Peace (JPs) and to provide a summary of the reappointment process.
This booklet and further information can also be found online at www.agd.sa.gov.au. Alternatively, please contact Justice
of the Peace Services by telephone 8207 1725 or email jpreappointment@agd.sa.gov.au.
What does the ‘reappointment of JPs’ mean?
Following the commencement of the Justices of the Peace Act 2005 (the Act) on 1 July 2006, all Justices of the Peace
appointed prior to 1 July 2006 are required to go through a reappointment process, in order to continue serving as a JP.
What is the difference between appointment and reappointment?
Application requirements differ between people seeking to be appointed as a JP for the first time, and existing JPs seeking
to be reappointed under the current legislation.
If you are seeking to be reappointed you must complete the application for reappointment.
Who is affected by the reappointment?
Only JPs appointed prior to 1 July 2006 are affected by this legislative change and must apply by 15 April 2011 to be
considered for reappointment.
All JPs appointed after 1 July 2006 have already been appointed under the Justices of the Peace Act 2005 and therefore
are exempt from this reappointment process.
How do I apply for reappointment?
To be considered for reappointment, please complete the:

Application for Appointment (for Justices of the Peace appointed prior to 1 July 2006) form, and the

National Police Check form.
Send your application to Justice of the Peace Services by 15 April 2011.
Justice of the Peace Services will communicate with you in writing as your application progresses through the
reappointment process.
When do I have to apply for reappointment?
You must submit your application to Justice of the Peace Services by 15 April 2011.
What if I have not received any forms?
If you were appointed prior to 1 July 2006 and have not received an application package please contact Justice of the
Peace Services.
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Fre qu e n t l y A ske d Q u e st ion s
Can I apply for reappointment if I am currently suspended from office?
As suspensions vary in reason, Justice of the Peace Services will individually write to any currently suspended JPs.
If you are currently suspended and have not received the application package please contact Justice of the Peace
Services.
Can I apply for reappointment if I am interstate or overseas?
If you are not residing in South Australia at the time of reappointment, you are not eligible for reappointment because the
Act states that to apply you must reside in South Australia.
If you are suspended from office because you have been away from the State, please contact Justice of the Peace
Services.
Do I have to apply for reappointment if I am a Special Justice (SJ)?
Yes. To become a SJ you must first be a JP. Therefore a SJ who was appointed as a JP prior to 1 July 2006 must apply for
reappointment as a JP to continue holding office as a SJ.
Is there a quota of JPs per suburb or location for reappointment?
No, all JPs appointed prior to 1 July 2006 can apply for reappointment irrespective of how many JPs are in the area they
live or work.
Is there an upper age limit?
The Act does not specify an upper age limit for JPs, however if you become mentally or physically unable to perform your
JP duties satisfactorily, the Governor may remove you from the office of a JP. If you become unable to perform JP duties
you can resign from office by writing to Justice of the Peace Services.
Can I still serve as a JP during the reappointment process?
Yes, you can continue to serve as a JP during the reappointment process unless you:

resign from office or

are removed or suspended or

receive written advice from Justice of the Peace Services that you are no longer a JP.
What if I do not wish to continue as a JP?
You may resign from office by either writing to Justice of the Peace Services or by completing and returning the first page of
the Application for Appointment (for Justices of the Peace appointed prior to 1 July 2006) form.
If you resign by letter, please include adequate information that clearly identifies you, such as your full name, date of birth
and JP ID number.
Can I use the JP title if I resign ?
If you resign from office you must not perform official functions as a JP and you must not use the title JP.
The Act does allow you to use the title “JP (Retired)” if you resign after 20 years or more as a JP in recognition of your long
service to the public.
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Fre qu e n t l y A ske d Q u e st ion s
What will happen if I choose not to apply?
If you do not apply for reappointment or resign by 15 April 2011, Justice of the Peace Services will write to you in the near
future and confirm your removal as a JP.
Do I have to submit a copy of my original appointment certificate or anything else?
No, the application for reappointment states which documents you have to complete and submit. Use the checklist
enclosed in the application to ensure you have completed the forms correctly and included all the appropriate
documentation.
Do I have to submit documents such as proof of citizenship if I have submitted these when I
first applied?
You must provide all the documents required as stated in the application package.
Will my application be refused if I have been charged and/or convicted of an offence?
If you have been charged and/or convicted of an offence or have a matter pending in court you must disclose this on your
application and attach a separate sheet explaining the circumstances surrounding the charge, offence or matter pending in
court and provide reasons why you believe you are suitable for reappointment as a JP.
Spent convictions must also be disclosed.
The Attorney-General has developed a policy for assessing applications for appointment as a JP to ensure public
confidence in the integrity of the office of Justice of the Peace and the services provided.
This policy states that an application from a person whose criminal history includes one or more of the circumstances
below must be declined:

Has at any time served a sentence of imprisonment for any offence;

Has in the past twenty years (or ten years in the case of an offence committed as a juvenile) been convicted of any
offence involving dishonesty;

Has in the past ten years been convicted of more than one offence;

Has in the past five years, been found guilty of an offence without conviction;

Is currently subject to a good behaviour bond;

Is currently awaiting trial or sentence for any offence;

Is currently subject to a supervision order under section 269O of the Criminal Law Consolidation Act 1935; or

Is currently subject to a detention order under Part 1B Division 6 of the Crimes Act 1914 (Commonwealth).
Your application may also be declined if you do not disclose significant matters that are subsequently discovered through
other sources such as the National Police Check.
If you have been charged or convicted of an offence but do not fall into the above mentioned categories your application
will be considered on its merits taking into consideration:

The nature and number of offence(s), and any penalty imposed;

Whether the charge(s) resulted in conviction or dismissal, or are still pending;

The dates of the offence(s) and the length of the crime-free period since the latest offence;

Whether or not you were a juvenile at the time of the offence(s); and

The merits of your application generally.
For further information about the policy please contact Justice of the Peace Services.
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Fre qu e n t l y A ske d Q u e st ion s
I am a member of the Royal Association of Justices of SA Inc. (the Association), can I submit
my application through the Association?
You must submit your application for reappointment to Justice of the Peace Services as this is the office in the AttorneyGeneral’s Department that manages the application, appointment and conduct of JPs and SJs. Justice of the Peace
Services also maintains and updates the Roll of Justices in South Australia which is accessed by the public through the
internet to find a JP.
The Association is a private organisation that provides its members with support and opportunities for training and
development on the functions of the office of JPs. For further information you can contact the Association on 8297 4044 or
visit their website www.rajsa.asn.au.
Can I change my mind after applying for reappointment?
Yes, you can withdraw your application at any stage of the reappointment process.
To do this you must notify Justice of the Peace Services in writing as soon as possible.
When will I be reappointed?
The reappointment process of eligible JPs will occur progressively over 3 years. Justice of the Peace Services will keep you
informed as to how your application is progressing. Until you have received formal advice from Justice of the Peace
Services as to the outcome of your application, you may continue to serve as a JP.
How will I find out about my reappointment?
Following your reappointment being published in the South Australian Government Gazette, Justice of the Peace Services
will notify you of your appointment in writing.
Will I be given a new JP ID number when reappointed?
No, you will keep the same ID number if you apply by 15 April 2011.
Can I have my details suppressed when reappointed?
No, the Act states that your name, preferred telephone number and suburb where you can be contacted must be recorded
on the Roll of Justices. This enables the public to access you for JP duties.
None of your other personal details are made available to the public unless you give permission or it is required by law.
Can I be appointed for less than the 10 years?
Appointments are generally made for ten years, however you may resign from office at any stage during the reappointment
process or after you have been appointed. This must be done in writing.
I have already taken my Oaths when first appointed; do I have to take them again?
Yes, the Act states that you must take the Oath of Allegiance and the Judicial Oath each time you are appointed as a JP.
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Fre qu e n t l y A ske d Q u e st ion s
Where can I go to take my Oaths?
Upon written advice from Justice of the Peace Services of your appointment, you will be provided with a contact list as to
where you can take your Oaths and who can administer these Oaths.
JPs are not authorised to administer these Oaths.
Is there a cut off date by which to take my Oaths?
Yes, you will have up to three months from the date of your reappointment to take your Oaths and return the form to
Justice of the Peace Services.
If Justice of the Peace Services does not receive your Oaths form within the three month period, your appointment may be
revoked.
If reappointed, do I have to undertake any training?
The Act does not require you to undertake formal training.
You are encouraged to read and use the JP Handbook produced by Justice of the Peace Services so that you can perform
your duties accurately and efficiently.
Where can I get more information about JPs?
The following list of documents can help you understand your responsibilities and duties as a JP and can be found on the
Attorney-General’s Department website at www.agd.sa.gov.au

The Justices of the Peace Act 2005;

The Justices of the Peace Regulations 2006;

The JP Code of Conduct; and

The JP Handbook.
If you do not have access to the internet, please contact Justice of the Peace Services to obtain a copy of any of these
documents.
Justice of the Peace Services Contact Details
Justice of the Peace Services is available to answer your questions and can be contacted during business hours. Before
contacting us, please review this booklet for answers as Justice of the Peace Services may be experiencing a high volume
of calls during this period.
Justice of the Peace Services
Postal address:
GPO Box 464
ADELAIDE SA 5001
Telephone: (08) 8207 1725
Facsimile: (08) 8463 4400
Email: jpreappointment@agd.sa.gov.au
Website: www.agd.sa.gov.au
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Re a p po in tm en t P ro ce s s
The summary below is a snap shot of the key steps in the reappointment process:
Step
Description
Action by
1
Application and other required documentation completed and
submitted to Justice of the Peace Services by 15 April 2011.
JP
2
Application received. Confirmation of receipt sent to JP
Justice of the Peace Services
3
Application checked for completeness
Justice of the Peace Services
4
National police check undertaken
Justice of the Peace Services
5
Application forwarded to the Attorney-General for
consideration
Justice of the Peace Services
6
If application approved, JP is recommended for
reappointment
Attorney-General
7
If Governor appoints, appointment published in SA
Government Gazette
Governor
8
Notification of appointment and Oaths package sent to JP
Justice of the Peace Services
9
JP to arrange taking Oaths and returns form to Justice of the
Peace Services*
JP
10
Certificate of appointment sent to JP
Justice of the Peace Services
* Your completed Oaths form must be sent to Justice of the Peace Services within three months from the date of
your reappointment; otherwise you may be removed from office.
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