Page 43 - Keeping the Peace

Keeping the Peace – A History of Honorary Justices in Victoria 37
Debates about their role, however, have continued to surface. In 2004, for example, calls were made within Parliament to review the limited nature of the role of JP and consider a return to the bench. Mr Ron Bowden MLC, member of the Legislative Council for the South East and a JP who had served on the bench in Frankston and Springvale, argued there were advantages to increasing the role of JPs on the bench at the Magistrates’ Court. He echoed similar
themes from earlier days of the cost-effectiveness of the system and the desirability of having community members hear and judge cases:
‘Many JPs would be willing to take appropriate training, and the cost to the community is quite modest. There are no reimbursements or salary considerations whatsoever. There are also important considerations where if we truly believe – I and others do – that the Magistrates’ Court should operate as a credible hearing place in the community ... where the community can be relied on to maintain, hear and judge those cases’.78
Despite such sentiments, JPs did not return to the bench. Instead, the government continued to define their role and adapt to changing circumstances. A review of their position was undertaken by the Department of Justice in 2009, with the possibilities of capping the number of appointments, setting term limits or even abolishing the office altogether under consideration. The review followed the ombudsman’s investigations of the appointment
of a JP who was found to be involved in corruption at a local Council. After extensive consultation, it found strong community and professional support for the role of JPs and led to greater safeguards to ensure the integrity of the future role. These included revised codes of conduct for BJs and JPs, a formalised training program, revised complaints process and appointments based on regional demand. It concluded that JPs continued to deliver an important service in having documents witnessed or certified and that the role needed more administrative support in order to ensure it continued to operate effectively. The Honorary Justice Office in the Department of Justice & Regulation took on this role.
The Bail Amendment Act 2010 (Vic) amended the unique role of BJs. BJs heard bail applications outside of court business hours under the Bail Act 1977 (Vic) and interim accommodation orders under the Children, Youth and Families Act 2005 (Vic). Such challenging tasks were historically practised by JPs as part of their wide remit. However, the role of BJ has been increasingly recognised as a critical part of the modern justice system. The Bail Amendment Act 2010 (Vic) introduced new eligibility criteria and a new code of conduct. BJs were also now only appointed for five years, with options for reappointment. These steps were taken to ensure quality control and oversight by the government.
78 Victorian Parliamentary Debates, Legislative Council, 13 October 2004, p. 875.