Page 44 - Keeping the Peace

38 Keeping the Peace – A History of Honorary Justices in Victoria
The Honorary Justices Act 2014
and beyond
The Honorary Justices Act 2014 (Vic), for the first time consolidated the laws relating to JPs and BJs into a single Act. The new legislation underlined the important contribution that HJs make to the Victorian community and provided a comprehensive framework for their roles.
The Honorary Justices Act 2014 (Vic), governs the functions, powers, appointment, suspension, investigation and removal of HJs. It also reinforces the standing, community recognition and independence of JPs and BJs.
As Mr Gordon Rich-Phillips stated in the Legislative Council, the role of BJ was increasingly being recognised as one that ensured the effective running of the Victorian justice system:
‘The office of Bail Justice, which is unique to this state, was created more than two decades ago. A Bail Justice hears and determines the question of bail and applications for interim accommodation orders under the Children, Youth and Families Act 2005 (Vic), where a magistrate is not available. The office of Bail Justice is highly specialised and training for Bail Justices is demanding, as Bail Justices are required to make important decisions relating to the protection of the community, the liberty of individuals who have been charged with serious offences and safeguarding children who are in need of protection. A Bail Justice, by virtue of his or her role, is on call and presides at hearings outside the usual hours that a court sits. Bail Justices often have to travel some distance to conduct a hearing, particularly in the country. Bail Justices play an important role in the effective running of the Victorian criminal justice system and child protection within the state. There are approximately 200 Victorian Bail Justices, and the Department of Justice & Regulation calculates that in the three years from June 2010 to June 2013, they conducted more than 20,000 hearings. The Victorian community is indebted to each of them for their enormous contribution to our community.’79
In their role as HJs, both JPs and BJs are now firmly established in the community as volunteers who contribute many hours of their time to perform important functions. BJs continue to hear bail applications after hours and provide Interim Youth Accommodation Orders in child protection cases. JPs collectively sign several million documents per year and operate from private houses, places of employment, community centres, shops or from one of the many document signing stations (DSSs) throughout Victoria. DSSs provide the community with convenient access to JPs during business hours and evenings and there is a
79 Victorian Parliamentary Debates, Legislative Council, 3 April 2014.