Justice of the peace handbook

Justice of the Peace Handbook

Download a pdf of the latest version of the Justice of the Peace Handbook.

A - Z of the Justice of the Peace Handbook

Easily find what you need using the A - Z index of terms, with links to the relevant Handbook website pages.

1. Introduction

This handbook is designed to provide you with information to assist you in carrying out the functions of a Justice of the Peace (JP) for the state of Victoria.

2. History and Development of Justices of the Peace

All about JPs in the past and how the role has evolved.

3. Appointment and support for JPs

Honorary Justice Services Support (HJSS) is here to help.

4. JPs in the community

As a JP, you will deal with matters of great importance to people’s lives.

5. Managing Complaints

Complaints can be made by any person, including an honorary justice who wishes to make a complaint about another honorary justice.

6. Locating a JP

As a JP, your details will be included in the ‘Find a JP’ listings on the justice website.

7. Certifying documents and validating identity

Copy of an original document that contains an endorsement or certification that it is a true copy of the original.

8. Witnessing documents

A JP’s key function is to act as an independent and objective witness to documents people use for official or legal purposes.

9. Statutory Declarations

A legally recognised written statement made by a person who promises that its contents are truthful.

10. Affidavits

A written statement made by a person who swears an oath or makes an affirmation, that the contents of the statement are truthful.

11. Powers of Attorney

A legal document that allows a person to conduct another person’s financial, legal, or personal affairs.

12. Medical decision-making

A medical treatment decision-maker has replaced the enduring power of attorney (medical treatment).

13. Advance Statements and Nominations under Mental Health Act

Statements to assist a person receive their preferred treatment and appoint a person to support them if they require compulsory treatment.

14. Decision-making capacity for powers of attorney and other documents of similar nature

There are significant responsibilities associated with protecting vulnerable people and ensuring they have decision-making capacity when signing these types of document.

15. Electronic signing and online witnessing

Most legal documents are now able to use electronic signatures and online witnessing.

16. Witnessing for People Living with Disability

Suggestions that can help you to provide JP functions in an appropriate way to people living with disabilities.

17. Cultural and linguistic diversity

Be aware of and sensitive to the culture and language of people who ask you to perform JP duties.

18. Interstate and Overseas Documents

As JPs ordinarily reside in Victoria, your main function is to witness documents in Victoria.

19. Managing challenging scenarios

As a JP you have access to personal information. It is important that you uphold high standards of integrity, accountability, and professionalism.

20. JPs, authorised witnesses, and notaries public

JPs are one type of authorised witness but there are many other authorised witnesses for Victoria. Many automatically become authorised witnesses because of their profession.

21. Discrimination, harassment, and access to services

As a JP you need to carefully consider how you respond to those who are different from you to ensure that you do not behave in a way that is biased or prejudiced.

22. Information and referral contact list

Comprehensive alphabetical list of organisations’ information and contact details.

23. Templates

Templates for the main documents to assist you in your JP service.

24. Checklists

Lists of tasks to complete when certifying and witnessing documents.

25. Legislation relevant to the role of the JP

You will come across many documents that refer to legislation, whether acts of parliament, regulations, or court rules. Find how to access the relevant legislation.

26. Honorary Justice Code of Conduct

The Honorary Justices Code of Conduct as found in Schedule 2, Honorary Justices Regulations 2014.

27. Reference material

Includes a glossary of terms relevant to justices of the peace.

Law, crime & justice

Updated 27 October 2023

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Justice of the Peace Handbook