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The HONORARY MAGISTRATE the journal of the royal association of justices of south australia inc. Published since 1904. founded 1898 December 2020 * Volume 116 * No.4 * $5 copyright 2020 rajsa inc. all rights reserved.
Registrar’s Report In this issue, we have introduced a new segment called ‘JP Briefs’, a quick snapshot of some of the new documents, changes to existing documents and updated information T he end of another year is upon us and daresay everyone will be happy to see 2020 consigned to the history books. This edition was almost ready for print when the lockdown recently issued by JP Services. Some of the content came about via experiences at the Netley Signing Room with the rest questions asked of me by members. Look out for ‘JP Briefs’ was suddenly announced on the 18th of November. I, like all in future issues of The Honorary Magistrate. In the members of you, spent that period at home however luckily I did have area of the website under Resources (Links) & Forms, you will my laptop with me meaning I could still work on getting the find links and examples of up to date documents which you magazine finished. can download and print. COVID-19 also caused the cancellation of our June Induction During November, many Groups planned to host either their Course for newly appointed Justices however we were (postponed) Annual General Meeting or end of year Christmas fortunate that our session for Saturday the 31st of October dinner/lunch. Unfortunately, the lockdown direction meant could go ahead. Given this was the first course since February, many of these had to be postponed or cancelled. I had been we had 18 participants who attended. The Athelstone Football invited to and was looking forward to attending so it was very Club provided us with a COVID-Safe venue and the Lions sad that some could not go ahead. Against Violence Group organised a lovely lunch. The day After last year’s successful competition, we are again looking was highly successful with some great feedback received. for ideas for a front cover design for all four issues of the 2021 IT Committee Chair Terry Wardle even trialled “Zooming” in Honorary Magistrate. If you have a suggestion to submit, you to present his website & online training segment from home. are welcome to send it to me via email or snail mail. The JP Signing Room at the Netley has continued to be a A key diary date to note is Thursday the 17th of December success. The Board will need to decide if, when and in what – this is the last day of Association operations for 2020. The format this service continues in January 2021. I would like Netley office will be closed from 4pm that day and re-open to to thank each and every one of you who has volunteered for members on Monday the 11th of January 2021 at 10am. this crazy venture. An extraordinary amount of work has been done by all of you – we have provided an invaluable service As this is our last edition for the year, I cannot neglect to to the local community, plugging the hole in the western personally thank Gerry Guerin. The events of this year can’t suburbs service gap. Below are the Signing Room’s client and have been easy for a President just beginning his first 12 document statistics since we opened on the 18th of May, up months in office, not to mention the workload of the many until the 13th of November. other organisations he is also dedicated to serving. Gerry has wasted no time impressing his unique style on Association Clients: 2,938 business, seamlessly handling the pressure of filling his Documents: 5,230 predecessor’s shoes. The President/Registrar relationship is Signing days: 127 one of utmost importance. There must be mutual respect, Volunteer hours: 508 harmony and good communication - a Yin who complements a Yang. Ours thankfully is all of these, plus a bit of joviality Many interesting scenarios have waltzed through the door over thrown in. This President is also particularly adept at back- the last six months with the odd unique document also turning handing all the Registrar’s “grievances.” up. One such example is the Form of oath or affirmation for All that remains now is for me to wish each and every one special constable. Because the Headquarters of the Australian of you a very merry Christmas and a safe and happy New Federal Police (AFP) are technically on Federal Government Year. It has been a particularly long and trying time so some land, AFP officers can only enforce Federal law. Special much needed Christmas cheer is certainly well deserved! As constable powers therefore allow them to enforce State (South always, I hope you enjoy reading this edition of The Honorary Australian) law if and when it is required. Officers recite the Magistrate. oath or affirmation once a year, usually at a special ceremony with everyone present at the same time. COVID saw an end Nicole Beck to that this year but luckily the RAJSA office (located closeby REGISTRAR AFP)were able and pleased to assist them. The Honorary Magistrate December 2020 2
Welcome Vale The President, Board and Members welcome the following The President and Board record with regret the passing of Justices of the Peace to the Association: the following members and extend their deepest sympathy AMOR, Jacqueline Kaye Paradise to their families: CHAN, Stephen Burnside CORRELL, Joan Maureen Minlaton CRETEN, Samantha Glenelg South FERGUSON, Ian McGregor Moorak EVANS, Janet Highbury NICOLSON, Dean Barry Loxton FARRELL, Sydney Lawrence Vale Park ZEITZ, Barrie West Lakes Shore HARRIS, Robert Greenwith HAVERLAND, Christine Anne Munno Para DIARY DATES JENNINGS, Victoria North Plympton DECEMBER 2020 LEWIS, Rod Glenelg East 11th OFFICE CLOSED - Registrar on leave LILLEY, Deborah Ann Maslin Beach 14th Board meeting (TBC) LONG, Cassandra Anne Hallett Cove 17th OFFICE CLOSED for 2020 from 4pm MCLEAN, Daniel Meng-Wai Tusmore JANUARY 2021 MIRUS, Maria Rita Athelstone 11th OFFICE RE-OPENS for members MUDGE, Craig Ritchie Melrose 11th Executive meeting (TBC) PANDEY, Rajendra Millswood 18th Signing Room re-commences (TBC) RANA, Girish Subodhchandra Windsor Gardens 26th Australia Day – OFFICE CLOSED SCHEER, Andrew Darlington FEBRUARY 2021 SCHUTZ, Alison Louise Eudunda 8th Board meeting (TBC) SMITH, Ingrid Marilyn Mintaro 8th Groups’ meeting (TBC) URCH, Christine Elsa Tea Tree Gully NOTE: 2020 AGM WILL BE HELD IN FEBRUARY WHITE, David William Prospect CONGRATULATIONS, you survived lockdown! The President, Board and Registrar wish all our members and their families a safe and very happy Christmas and all the best for the New Year. Season’s Greetings!! The Honorary Magistrate December 2020 3
President’s Report President Gerry Guerin R ecently, I recalled two quotations and in doing so I acknowledge their aptness for today. John Kenneth Galbraith wrote “given the choice between changing and From early next year, the Registrar will begin work on introducing a new database system which will amalgamate current and past membership records and other databases proving that change is not necessary, most people will get into one modern, multi-purpose format. It will allow members busy on the proof.” And from an unknown author “normal will to change their passwords, pay their annual subscription fee never be as it was; it will just be a new normal somewhere and even edit their own information such as which Groups down the track.” they belong to or positions held. We are aiming to have this Going forward, our job is to take care of ourselves as best we sytem operational by the start of next financial year. can, be alive to ourselves, pursuing interests and being vibrant I have been tasked with informing you that the Association’s and interested in the world around us. When appropriate, Annual General Meeting, usually held in October, has been we can try to recognise when help is being offered and be deferred until February. We are awaiting the completion of prepared to accept it. We can care for, share and respect the annual Audit report and anticipate that a Group will in each other as we look forward to the possibilities of next year due course offer to host this occasion at a convenient venue. with anticipation and lessened anxiety about THAT VIRUS. The year 2020 was a non-election year however in 2021, Many JPs have changed the manner in which they do business. we will be seeking nominations for four (4) positions on Some have paused their availability, some have worked from the Board. I also advise that the usual end of year reports home and some have made themselves available in one from Committee Chairs and a full breakdown of finances, of the few operating Signing Centres, adjusting to the risk will appear in the March 2021 Honorary Magistrate. It is a management procedures put in place. good time to remind you that the Association financial year runs from the 1st of September through the 31st of August Some Groups paused their formal meetings and training each year, and members outstanding in the payment of their events. Others instead published regular newsletters, annual subscription (due on the 1st of September) have three undertook Facebook training or held Zoom meetings. The months to address this before becoming unfinancial. Professional Development Committee (PDC) is in the process of seeking Group intentions for training for the first quarter In closing, and on behalf of the Board, I thank you all for the of 2021 through hard-working Group Secretaries. Annual voluntary work you have continued to offer and I extend to General Meetings have been deferred or were held on-line, each of you and your families, Christmas Greetings and New and the Combined Group meetings have followed the Zoom Year wishes for a relaxing, happy and enjoyable time together path, recently trying a mixed in-person and Zoom format. as you celebrate the festive season (and see off a year that On behalf of the Board, thank you for your contribution in will not be easily forgotten). whatever form your business has taken. Gerry Guerin PRESIDENT The Honorary Magistrate December 2020 4
‘JP BRIEFS’ Statutory Declarations There is nothing that prevents the JP from signing the Statutory Declaration without sighting ID, it is just not recommended & Annexures standard practice. A suggestion could be that if the JP The JP Services Portal and website were both recently feels comfortable to sign the Statutory Declaration and has updated to provide advice on what a JP is required to do when followed all other recommended procedures for witnessing witnessing a Statutory Declaration which has attachments. it as per the JP Handbook (e.g. has asked the person if they If a JP is asked to witness a Statutory Declaration which solemnly and sincerely declare that which is contained in this refers to an attachment (also referred to as an annexure declaration, conscientiously believing the same to be true etc), and/or exhibit) the JP is required to sight the attachment/s then maybe the JP keeps a written record of the document and also ensure it is clearly “marked.” See https://www. witnessed, the date and location, but no identifying details of agd.sa.gov.au/services-and-support/justice-peace-0 the person and theN documents that the person was unable and/or pages 61-63 of the JP Handbook V3 for details on to provide photo ID and the circumstances around it. This will the correct way to “mark” the attachment. assist them in the future should anything arise and they are questioned as to why they didn’t sight identification. In the past several months there has been a significant increase in the number of contractors/builders etc. attending Signing Rooms with their monthly invoice-related Statutory Digital ID Cards Declaration and attachments. When witnessing any Statutory You may see an increased number of clients present to you Declaration, examine it to ensure any annexures referred to various ID cards (e.g. Health, Concession or Medicare cards) in the body of the Statutory Declaration are attached to the via Digital Wallets. As long as you can see the person sign Statutory Declaration and that they are clearly marked. Sign into their app on their smart device, it can be considered an and date all annexures. Write or stamp the following wording original. However, in order to certify a copy, the person still on the first page (if they have not already been marked by needs to present their physical card as well as the copy. It is the Declarant:) the understanding of the Attorney-General’s Department that This is the annexure marked [e.g. Annexure ‘A’] referred to people are still being encouraged to carry their physical card in the Statutory Declaration of [name of declarant.] with them as some providers may not accept a digital copy. Declared before me at [suburb] in the State of South Australia. Black or Blue Pen? This [full date e.g. dd/mm/yyyy.] When witnessing any form, always follow the golden rule of “read the instructions” – a BLACK pen is required to be Witnessing Documents & used by at least one bank: https://www.commbank.com. au/personal/apply-online/download-printed-forms/ Photo ID Certified_Copies_Identification_Form.pdf Witnessing a document without the client’s photo ID is not the norm but the exception. In most circumstances, you as The Adult Safeguarding the JP, will be looking for the client to produce photo ID to Unit confirm their identity. However, there may be exceptional circumstances where this may not be possible. The Registrar If you suspect you or someone you know is at risk of or is was recently contacted by a JP based in Port Augusta who being abused, you may call the South Australian Elder had an Aboriginal client present a Statutory Declaration to Abuse Prevention Phone Line on 1800 372 310, Monday her. But as the client had recently travelled down from the to Friday, 9.00 am to 5.00 pm for information and support. APY Lands, she had not brought any identification with her. To make a report to the Adult Safeguarding Unit, email Should the JP have proceeded with witnessing? Here is the stopelderabuse@sa.gov.au. advice from JP Services on this situation: cont. page 6 The Honorary Magistrate December 2020 5
cont. from page 5 The Adult Safeguarding Unit (ASU) became operational on Public Trustee Statutory the 1st of October 2019. It is located within the Office for Ageing Well and has a strong focus on safeguarding the Declaration for the rights of adults at risk of abuse. Where our previous RAJSA South Australian Civil & training recommended JPs report any cases of elder abuse to Administrative Tribunal the Office of the Public Advocate, you are now encouraged to instead contact the ASU. (SACAT) Key functions of the ASU include: The Guardianship and Administration Act 1993 provides the legislative framework for the support and protection of • responding to reports of suspected or actual abuse of persons who are not capable of making decisions in their adults who may be vulnerable; own best interests. In this circumstance, SACAT appoints an • providing support to safeguard the rights of adults administrator to take on the management of the financial, experiencing abuse, tailored to their needs, wishes and legal, and business affairs of the person who is unable to circumstances; manage their own affairs. Section 44 of the Act requires the • raising community awareness of strategies to safeguard administrator to report to the Public Trustee on an annual the rights of adults who may be at risk of abuse. basis in relation to the receipts and payments, and the assets and liabilities of the protected person’s estate. A Statutory Changing a Child’s Name Declaration is required to confirm that the statement of accounts provided by the administrator is correct and Parents of a child under the age of 18 may apply for accurate. The Statutory Declaration must be signed by the registration of a change of the child’s name. The application administrator in the presence of an Authorised Witness, such must be submitted to the South Australian Registrar of as a Justice of the Peace or a solicitor. JPs should note that Births, Deaths and Marriages together with the required the first statement in the Statutory Declaration is: copies of proof of identification and supporting evidence. 1. All the particulars contained in the attached Statement A reminder that as a Registry approved witness, a JP of Receipts and Payments, and Statement of Assets and must interview the child in person to determine if Liabilities (Form 2) and Statement of Receipts and Payments they understand the implications of changing their name Worksheet (Form 3), initialled today by me/us in the presence and whether they agree. If you are satisfied that the child of the authorised witness are a true and accurate record of understands and consents to the change of name, you can the financial activities of the estate of the Protected Person. proceed and complete part 8 on the application form, ‘Child’s And the last statement is: Consent.’ 7. To the best of my knowledge the Protected Person does/ Parts 1-7 should have been completed by the parent(s) and does not, have an approved National Disability Insurance must show the child’s name before and after the requested Scheme (NDIS) plan. change. As a JP, you can also witness part 11 of the application form ‘Declaration of parents named on the child’s JPs should ensure that Form 2 and Form 3 (referred to in birth certificate.’ Statement 1 above) are correctly identified as annexures to the Statutory Declaration and that one of either does/does not https://www.cbs.sa.gov.au/sites/default/files/ (referred to in Statement 7 above) is deleted. change-of-name-child-application-form-bdm_ update_2020.pdf?timestamp=1603254782236 h t t p s : / / p u b l i c t r u s t e e . s a . g o v. a u / p r i v a t e - administrators/ cont. page 7 The Honorary Magistrate December 2020 6
cont. from page 6 C E R T I F Y I N G A T R U E C O P Y & T H E D AT E State Government Departments are experiencing problems with members of the public presenting certified documents by a Justice of the Peace WITHOUT THE DATE OF CERTIFICATION being shown on the document. This results in the document being returned by the applicant to have it re-done with the date attached and extends the procedure by some time. COVID issues require members of the public to submit their identification documents to various departments so they can draw on their funds during times of hardship. A reminder to all members to double check that you have written or stamped the date of certification on the document. John Woite FLEURIEU JUSTICES GROUP QUESTIONS FROM MEMBERS Academic Transcripts and Graduation Parchments Question: A client presented to a JP a photocopy of the client’s university graduation parchment and was asked to “certify the original” which was on his laptop on a website called www.myequals.edu.au Answer: This site allows education providers to certify and upload digital versions of academic transcripts and graduation documents – it issues a “secure certified digital document” to the student. In this case a JP should not certify a paper Substitute- Decision Maker version but it is up to the End User as to whether it will be Change of Name accepted. Question: If a Substitute-Decision Maker (SDM) changes Advance Care Directives (ACDs) their name by marriage, does the ACD need to be changed or in the event the ACD comes into effect, is proof of the name and COVID-19 change of the SDM acceptable? Question: Some members of the community specify that Answer: The Donor does not need to complete a new ACD if their end of life wish is to not receive “extra assistance.” one of their SDMs changes their name. In this case, evidence If this person then contracted COVID-19 and was taken to of the change of name will suffice. hospital to be put on a respirator, would this not be against their wishes as outlined in their ACD? Compiled by: Answer: The recent review of the Act, recommendation 29, Nicole Beck Gerry Guerin REGISTRAR PRESIDENT states that provided a person isn’t using their ACD to commit suicide, the wishes outlined in their ACD must be followed as Mick Roche much as practicable. ADELAIDE EASTERN SUBURBS JUSTICES GROUP The Honorary Magistrate December 2020 7
100-PT ID CHECKS Have you performed a 100-pt ID check and noticed that the requirements seem to vary depending on which organisation requires the check? That’s right, they do. Here are some of those variations: • Most require original documents, although some allow for a certified copy. • You may be asked to sight one primary and two secondary identity documents, or two primary and one secondary. These documents must show the person’s full name, date of birth, signature, residential address and evidence of name change (if applicable.) • Some require specific combinations of identity documents. • Some require you to keep a record for seven years of the task you performed, e.g. Queensland Lands Title documents. • Translations from an approved translator based in Australia must also be presented if the documents are not in English. • Some require the Verifier has known the applicant for at least one year (e.g. passport applications.) • Some require that the person presenting the document is also the applicant so you can confirm the person from their photo ID. • Some require that the Verifier certify a copy of the ID documents that accompany the application. • Some require the Verifier to witness the applicant sign the application. End User organisations have a mix of these requirements and there is no one size fits all. There are too many organisations and variations to list a comprehensive guide here without confusing you! Some which you may have already come across are: National Police Check, Lands Titles, Immigration Department, Working with Vulnerable People or Children and Department of Human Services (DHS.) How do you know which of the above variations apply? In all cases there are instructions on the form for the Verifier telling you what you must do. As a JP you are required to read and comply with these instructions. DO NOT MAKE ASSUMPTIONS! In every case, read the instructions provided to you and follow them to the letter. If the client has not brought the instructions with them, remember it is within your rights to ask them to come back another time accompanied with those instructions. Terry Wardle RAJSA TRAINER & BOARD MEMBER The Honorary Magistrate December 2020 8
RAJSA Life Member Profiles EDITH ISABEL BARNS WILLIAMS OAM JP Norwood Girls High School as the Librarian from 1966 -1973. Another of Isabel’s interests was as a reader for the Royal Society of the Blind. This continued for 30 years and Isabel always found additional time to volunteer for Meals on Wheels, the Glen Osmond Institute Library, the Burnside Ladies Probus Club and the Burnside Historical Society. Isabel was appointed a Justice of the Peace in 1976 and joined the Royal Association of Justices SA Inc. (RAJSA) the following year. An important part of Isabel’s service as a JP was after she completed the Justice of the Quorum course in 1977 which allowed her to sit on the Adoption Court, the Unsatisfied Judgement Summons at the Sir Samuel Way and later Wright Street Courts and at the Adelaide, Holden Hill and Christies Beach Magistrates Courts. This was a duty that Isabel thoroughly enjoyed until attaining the required retirement age in 1995. As a JP, Isabel was a Visiting Inspector and spent 12 memorable years in this role at the Women’s Prison. Isabel’s commitment to JP duties involved taking part in regular JP rosters at Signing Rooms at the Burnside Community Centre and later at the West Torrens Council until this year. Whilst a member of the RAJSA, Isabel joined the Women’s Justices Group and served as its Chair from 1982 until 1993 when declining numbers saw members meet at the Earl of Zetland Hotel to bid farewell to that special era of friendship and learning. Above: RAJSA Life Member and Past President Isabel Williams OAM with her Order of Australia Medal. Isabel was elected as a State Councillor in 1983 remaining there until 1999. During her time on Council, Isabel undertook I sabel Williams OAM (nee Wemyss) was born in 1925 and grew up in the farming community of Yeelana on the Yorke Peninsula. She attended the Yeelana Primary School and to compile the early history of the Association dating back to 1928. This proved to be an excellent historical project which resulted in the publication of the Centenary Booklet completed her education at Adelaide Girls High School. Isabel to celebrate the centenary of the RAJSA. The Centenary of came to work at W.D.& H.O. Wills and volunteered during the Association was celebrated with a Conference of which the war years from 1941 to 1945 at the Cheer Up Hut in Isabel was the prime organiser. Adelaide, which assisted armed forces personnel on Rest & With her expertise in library work, Isabel relished her time Recreation (R.& R.) leave. as Editor of The Honorary Magistrate making it a most Isabel married Donald C. Williams (later Justice Williams) informative journal. She kept this role from 1988 to 1999 in 1945 and after family duties, Isabel returned to study a working with Don Snow for five years before handing the Librarianship course followed by work at the Kensington/ Editor’s reigns over to him. cont. page 10 The Honorary Magistrate December 2020 9
cont. from page 9 In 1991, Isabel was elected President of the RAJSA – the very first woman to hold this position. She tried to put herself in A SHORT HISTORY OF the place of newer and younger Justices to better adjust to different situations and abilities. Excellent relations with the WOMEN JPs IN SOUTH Attorney-General were fostered which is considered vital for the effective operation of Justices and the RAJSA. AUSTRALIA The Justices Association of South Australia (SA) was founded Isabel was active in working with the Australasian Council in 1898 however only men were permitted to be members, of Justices (ACJA) being the Association’s delegate and its as ordained by King Richard I in 1198. Richard was the President from 1997 to 1999. Crusader King and needed “good and true men” to look after The Education Committee was an important part of her his Kingdom while he was away fighting. council responsibilities when Isabel travelled across the state Women entered the scene during the Great War (1914-1918) to talk to Groups, instruct members on their duties and act to take the place of the absent men and worked in the Women as a mentor whilst enjoying the interaction. As a result of her and Children’s Courts, the Adoption Court and Detention interest and initiative in the training of JPs, the Blue Book – a Centres before gradually fulfilling other community needs. It small pocket size instruction booklet for JPs – was printed took many years before women were recognised and given a and given to members. rightful place within the Royal Association of Justices. In recognition of her commitment to JPs and the Association, In 1913, four women were the first to be appointed as Justices Edith Isabel Barns Williams was awarded Life Membership of of the Peace (JPs.) They were Mrs. Anne Price of Hawthorn, the RAJSA in 2002. Mrs. Elizabeth Cullen of North Adelaide, Mrs. Cecelia Dixon of Another most important occasion and highlight for Isabel was Adelaide and Mrs. Elizabeth Nicholls of Largs. Mrs. Price made in 2003 when she was awarded the Centenary Medal and history by becoming the first woman appointed to the Bench the Medal of the Order of Australia (OAM) “for services to in the British Empire. the community, particularly through the Royal Association of On May 21st 1937, a Ladies Auxiliary was formed to enable Justices SA Inc. and the Royal Society for the Blind.” women Justices to meet. The women, despite repeated Today, Isabel continues her volunteering as a JP by assisting requests to have the use of a room within Association residents in aged care facilities. Headquarters, were refused because they were not technically In her spare time, Isabel has also been recording a history members. A room in the Town Hall however was made available of the rise of women Justices of the Peace in South Australia to them where on the 16th of June 1937, the first meeting of using the minutes of State Council meetings, commencing the Women’s Auxiliary (WA) was held. Twelve members were from September 1922. A shortened version of it appears present with Mrs. A C Cox appointed Chair. in this issue however if you are interested in reading the August 10th, 1942: There was discussion at this State full history, it will be available on the RAJSA website in Council meeting as to whether the Rules of the Association due course. should be altered to give women more responsibility and recognition. However, the meeting ended in an uproar and a Priscilla Henderson OAM RAJSA LIFE MEMBER section of the Minutes was deleted – a suggestion was even made to form a “break-away” Association. On the 4th of August, 1943, State Council put forward a REFERENCES motion that the WA should be placed in recess until further The Honorary Magistrates, September 1985 notice. to January 1999 November 4th, 1943: The WA wrote to State Council asking to Profile and photos by P. Rosenwieg and re-form themselves as the Women’s Justices Association and P. Henderson 2014 to hold their meetings in the Justices Association’s meeting History of the Justices Associations in room. The letter was written and signed by eight ladies saying South Australia 1982-2012 that they wished to work “loyally and in harmony with the State Personal biography Council.” The Registrar was instructed not to let the rooms cont. page 11 The Honorary Magistrate December 2020 10
cont. from page 10 out until office bearers of A further request was made to Queen Elizabeth II to add the newly formed Group the “Royal” prefix which was subsequently granted – the were approved by State Royal Association of Justices of South Australia Inc. (RAJSA) Council. was formally recognised on the 15th of November, 1962. September, 1944: Groups had started to form in both the city and country areas, Women of the Auxiliary giving women extra opportunities to participate within the were still carrying out Association – this included the Women’s Group itself which court duties but they was still meeting regularly and were organising the roster for wished to increase their the Adoption Court. numbers so placed an Mrs. L. M. Hurst MBE, who upon amalgamation became the advertisement in The first female State Councillor, passed away in 1971. It was Advertiser under the resolved that a photo of her be placed in the Boardroom to name “Justices Association.” State Council deemed this to acknowledge her service and contribution (pictured below.) be “completely out of order” and a threat was even made to take all legal measures to prevent the Women’s Justices Upon her appointment in 1974, Mrs. June McArthur was the Association (WJA) or any other persons or body from using the first female Registrar. name “Justices Association or the like.” In 1976, all JPs who undertook court work, including In late November 1944, a paragraph was inserted in The women, were required to attend a series of lectures on court Honorary Magistrate pointing out that the so called newly proceedings. Judge John Marshall was asked to run the formed WJA had no connection to the Justices’ Association. course and complete the “Handbook for Justices”- women were delighted to have the opportunity to become Justices of A notation was made in the minutes of the meeting held on the the Quorum and to take their place in court with confidence. 12th of June 1945 that the WJA be admitted to State Council meetings as observers however no action on this was taken. Over the next several years, women slowly began nominating Around 1952, the women were holding their meetings and and being elected to State Council. They included Mrs. Steiner, luncheons at the Methodist Hall in Pirie Street. The luncheons Mrs. Kit Noske, Mrs. Shirley Sampson OAM (who filled a casual had been moved from Myers after a number of complaints vacancy in 1982) and Mrs. Isabel Williams OAM (1983), were made that they were overcharging. elected as the first female State President in 1991. At the meeting of State Council in November 1954, the Other women have since taken on the Presidency – Mrs. Kath WJA made a further request for full membership however Johnston (deceased), Mrs. Anne Bachmann OAM and Mrs. the view was that being a JP was a man’s business and Sylvia Pohlner. Many have since been honoured with either that women should keep making sandwiches and cakes and Life Membership of the RAJSA and or the Order of Australia arrange the flowers for the Christmas social. This meeting in Medal (OAM) for their service to the community and their particular became very heated as not all the State Councillors dedication to the RAJSA. at the time were against women. Unfortunately, there was no In conclusion, things have changed dramatically for female resolution either way and the meeting was duly closed. JPs over the years – today, thanks to those original trailblazers, By January 1955, some sympathetic male JPs had formed they have taken their rightful place alongside men within the an Opposition Group called “The Institute of Justices” allowing story of the RAJSA. and welcoming women as members with full voting rights. Mrs. L. M. Hurst subsequently gained a seat on the Institute’s Compiled & Edited by: Council. The feeling between the two Groups was fractious, Isabel Williams OAM resulting in fisticuffs outside The Justices Association Nicole Beck Headquarters in Pirie Street. A court case and news headlines Assisted by: were the final straw and in 1962, representatives from both Priscilla Henderson OAM Groups met to discuss amalgamation. This was achieved Anne Bachmann OAM on the 21st of May 1962 which included several agreed conditions which were voted on and passed at the Annual General Meeting. The Honorary Magistrate December 2020 11
Barossa & Districts Justices Group 40th Birthday Celebration Since our very first meeting on the 17th of October 1980, the Barossa & Districts Group has been pivotal to the area with regular meetings being held throughout. Meetings were held in Eudunda, Kapunda, Greenock, Angaston, Nuriootpa, Tanunda, Roseworthy, Freeling, Lyndoch, Williamstown and Gawler. Wives and partners provided supper, just like country people do, and made us all feel very welcome. Our Group commenced Life Membership in 1997 with four members being presented with this honour. They were Mr Cyril. Cockshell (inaugural Chairman), Mr. Clive LePage OAM, Mr. David Lillecrapp OAM and Mr. Eric Rothe. Since then, another six members have been awarded Life Membership; Mr. Doug Krause, Mrs. Maxine Chenoweth, Ms. Joan Lee, Mr. Geoff Saegenschnitter, Dr. Bruce Eastick AM, Mrs. Margaret Raggatt and Mr. Ray Obst (JP Retired.) Above: Barossa & Districts Chair Jacqueline Raphael and The Barossa Group was involved in the celebrations for RAJSA President Gerry Guerin. the RAJSA’S centenary birthday. A BBQ was held at the Seppeltsfield Winery for all JPs and their partners. We also The History Sub-Committee (Margaret Buckley, Geoff hosted the RAJSA Convention in 2010 and recognise the Saegenschnitter, Jacqueline Raphael, Joan Lee and Maxine efforts of the late Mr. John Ames. The Group hosted the 2014 Chenoweth) are to be thanked for giving their time into RAJSA Annual General Meeting at the St Jacobi School Hall delving into the Group’s history. We also acknowledge those at Lyndoch, where the Special Guest was His Excellency, the much valued members who have sadly passed away over the Honourable Hieu Van Le AC, Governor of South Australia. past 40 years. The Barossa & Districts Justices Group has had many dedicated Last but not least we thank our members who have been so Chairpersons during the past 40 years. We acknowledge supportive of the Group. They have willingly car-pooled their our current Chairperson, previously the Chair of the fellow members all over the countryside without complaint. Para Districts Justices Group, who performs her role diligently. They have provided beautiful suppers and the camaraderie We also acknowledge those who have held the positions of shown by all continues to be the reason why we are one of Vice-Chairman, Secretary, Treasurer, Library Coordinator, the best Groups of the Association. Auditor, and Town Representatives who have organised A very happy 40th birthday to the Barossa & Districts Justices meeting venues for the past 40 years. Group! The cutting of the cake was done by Chairperson Guest speakers and the Training team, who have educated Jacqueline Raphael and RAJSA President Mr. Gerry our Group over these past 40 years, have been very much Guerin. The cake was made by Bakery 101 at Angle Vale. appreciated. Local councils and other venues throughout our Thank you Sophie. region must also be acknowledged for their cooperation in Maxine Chenoweth making available their premises for our meetings. BAROSSA & DISTRICTS JUSTICES GROUP The Honorary Magistrate December 2020 12
COVID-19 and JP Services in Regional Areas What a year this has been and continues to be. COVID-19 has Signing Room and from my enquiries there has not been a caused all Australians to deal with issues that we would never rush of clients through the usual channels either. Those who do have contemplated. For those who have had it strike family however come to the library or meet at other places continue or friends, there can be no words that ease the burden that to be very appreciative of the service we offer. they carry. COVID restrictions may have drawn attention to the preferences For JPs, it appears to have brought a mixture of things to deal that clients have for using ‘shop-fronts’ rather than cold calls with. In line with the excellent information from JP Services, to a JP from the public JP Roll – I have personally observed our Board and Registrar, most of us managed to provide that this preference has been occurring for some time now and some kind of ongoing service to the community despite the COVID may have just heightened it. limitations placed on Signing Rooms. Some JPs felt that the I am aware of at least one JP who resigned because she could risk of continuing to offer a service was too high but those who not cope with the number of clients who came to her business carried on report having met with clients in safe environments. and it is common for businesses to limit the time that they In smaller centres, everybody knows the local JPs and make available for JP work. mostly they are dealing with friends. So other than taking the I also get anecdotal information from JPs whose surnames recommended precautions it has, until a few weeks ago, been appear earlier in the alphabet meaning they get more calls than business as usual. those of us who are closer to the end. There is also evidence In larger areas, there tends to be a strong reliance on clients from clients who report having to ring at least 10 JPs before using JPs in businesses. COVID forced many offices to close they find one that will meet them. and staff ended up working from home. There are reports I suspect that simply creating more JPs is not the best answer. that this funnelled clients into the businesses that were open, In a more general sense I have thought about what long causing a considerable demand and a distraction from the term impact we might experience from having to do things core business of those establishments. differently. In some ways enforced change might actually have In Whyalla we have had virtually no difficulties. Our library opened the door to a new way of being and given us a new Signing Room was shut down until late July but we are now sense of empowerment. back in business (recent lockdown excepted!) Strangely we Bob Shaw OAM have not noticed much of an increase in clients attending the RAJSA LIFE MEMBER AND TRAINER The Honorary Magistrate December 2020 13
GROUPS’ NEWS Our last official meeting was to be held on November the 18th, however COVID again forced us to cancel this meeting. We Group Secretaries/Reporters are reminded to check were due to have a Notary Public, Mr. Alf Macolino, speak to their emails for details of deadlines for future issues. us however he has kindly offered to reschedule for next year. Our end of year lunch to wind up 2020 was also meant to ADELAIDE EASTERN be held on Friday the 20th of November at the Arab Steed in Slowly but surely our lives were returning to some form of Hutt Street. Unfortunately this also had to be cancelled last ‘normality’ after the ravages of COVID rained down upon us. minute. A consolation lunch will be rescheduled in early 2021 Things were starting to look encouraging - how wrong we to welcome what we hope will be a better year. were! Nonethless I am pleased to still report the following: To all our fellow Justices across the state, we wish you a our Group has recently received a Community Grant from safe, joyous and healthy Festive Season, with a great 2021 the Burnside Council. This grant is greatly appreciated and to follow. will defray the costs of room hire for the new year. A very big thank you to the Burnside Council and to our Treasurer Ian Don Perry King for his work in gaining this grant on our behalf. BAROSSA & DISTRICTS Continuing with the positives, we would like to congratulate The Barossa & Districts Group celebrated its 40th birthday at one of our members, Fred Sampson, who has just notched a meeting on Wednesday, the 21st October at the Nuriootpa up 40 years as a member of the RAJSA. Well done Fred, Lawn Bowls Club. This date coincided with their inaugural don’t stop now. meeting held on Friday, the 17th October, 1980 at the It is sad to note the retirement of one of our long serving Tanunda Courthouse. Justices, Bob Docking, who has ceased volunteering at the The evening was also celebrated with one of our esteemed Norwood Council signing room, where he has been rostered members in Dr. Bruce Eastick AM, receiving his 50 since 2005. Appointed as a JP in 1982, Bob is probably well year continuous membership certificate from RAJSA known to many of the Lawn Bowling Justices as he was a Past President Gerry Guerin. Dr. Eastick has been and still is a President, Life Member and Patron of the Justices Bowling very active member of the Gawler community with many Club which unfortunately was disbanded two years ago after accomplishments. The Group’s Chairperson, Jacqueline a 75 year history. Well done Bob, enjoy your spare time. Raphael, introduced Bruce together with a listing of some of On Wednesday the 16th of September, we held our first those achievements. On accepting his certificate, he gave a Group meeting since March. The evening was very well brief listing of anecdotes from his JP half century of service. attended with 26 JPs eager to refresh and update their Maxine Chenoweth knowledge. Mick Roche went through the many new or updated documents that had come to light since the start of the pandemic back in March. Above from left to right: Trevor Burgemeister, Gerry Guerin, Bruce Eastick AM and Jacqueline Raphael celebrating Bruce’s 50 continuous years with the RAJSA. cont. page 15 The Honorary Magistrate December 2020 14
cont. from page 14 CENTRAL At this stage it looks like there will be the normal student Although our operations were restricted by the virus, Central numbers in 2021 so the service will resume from February. Group managed to have four meetings during the year. After Additional help from volunteers from any Group is always the restrictions lifted, some of our members completed the welcome, so if any RAJSA members would like to assist, COVID Marshal’s course and we introduced spaced seating contact David Poole on pooledavid0@gmail.com. and restricted numbers. The restriction on numbers is the David Poole most significant problem as our revised venue capacity is less than those wishing to attend. FLEURIEU On the 15th of July, a meeting titled “Exploring the Grey Areas” The Goolwa section of our Group re-opened on Tuesday, the had a good attendance, even though it was on a different 22nd September after lockdown from COVID-19 restrictions. day and time to our normal Thursdays. The grey areas are The Alexandrina Council at Goolwa took extra time to re-open those situations where it’s not quite clear how best to proceed the Signing Room but all is now well with plenty of activity for so there was good discussion and varying viewpoints put the Justices to handle. The Fleurieu Group held its AGM on forward. Monday, the 23rd of November at Victor Harbor. Central’s Annual General Meeting was conducted on Training Sessions are planned to re-start in the new year as September the 17th and two members of the Serious and venues in our area are now available to handle numbers and Organised Crime Branch spoke about the range of drugs COVID19 restrictions. currently being found in South Australia, and the duties of The Group’s Christmas dinner will hopefully go ahead on the JP who is present at the site where evidence is disposed Friday, the 4th December to wind up the year’s activities. of. Most of us were surprised at the increasing variety and The Fleurieu Group wish everyone a very Merry Christmas quantities of drugs in the community; it seems there is no and a Happy New Year. limit to the ways humans will seek to alter their mind state. John Woite Most Signing Rooms were shut down for a lengthy period during the year which left some of our members feeling a bit HILLS rusty on procedures. Central met for an additional training evening based on the Signing Room Learning Package on It is with pleasure that I present the 2019-2020 report for the November the 12th. The combined experience in the room Hills Justices Group. The AGM in September last year led to probably approached 100 years so the discussion was spirited very little change in governance of the Group. Margot Radford and a great reminder to all on the intricacies of witnessing. is now our Secretary, Heather Hartley our Treasurer and lastly Murray Henderson the former Chair. I would like place on Our end of year dinner was to be held at the Earl of Leicester the record the excellent service the past committee and of hotel in Parkside on November the 19th. However the Yvonne Ziesing, our former Treasurer. They left our Group in lockdown forced it to be deferred until the 3rd of December. a very sound position and as such the new office holders We hope to present Life Membership of Central Group to Geoff have chosen to continue the format of the past – two training Richards in recognition of past service to, and leadership of, sessions a year, a guest speaker/quiz night and a Christmas Central Group. Geoff is a well-known and respected member dinner. Perhaps the biggest change is moving to electronic of the Justices community and the Group wished to mark our banking. Like all new things there will be issues however it is debt to Geoff with this recognition. the way of the future. Currently members from Central, Southern Suburbs and Last year the Christmas dinner was held at the Charleston Holdfast & Districts support the JP service at Flinders Hotel and it was very well attended. Thank you to my wife University at the College of Nursing and Health Sciences Sue for organising a Christmas themed quiz – from my and the Flinders Hub. The service was interrupted by the observations it worked very well. All was well after the dinner virus shutdowns but for the period of operation, the service and we were looking forward to the Festive Season. That was was highly patronised and very much appreciated by both until the Cudlee Creek bushfire and unfortunately, Heather University staff and students. lost her house and Jon (Margot’s husband) became ill whilst cont. page 16 The Honorary Magistrate December 2020 15
cont. from page 15 fighting the fire. Under such circumstances I cannot thank With no trainers available for our October meeting, it was Heather and Margot enough for their efforts. I reflect on what decided to have a “non-legal” guest speaker. We were they have been through and are still going through – without extremely fortunate to have Mark Jones present on that night. complaint they have carried on. This year our Christmas During his talk one could hear a pin drop as he spoke on his dinner will be held at the Mount Torrens Hotel. experiences in Scotland, England, Europe and now in South Under the guidance of the RAJSA, only one training sessions Australia as Country Fire Service (CFS) Chief Officer. was held this year at Gumeracha. From what I am led to Our meeting on the 10th of November, which was our last for believe our training session was the first face to face session 2020, was the HDJG’s AGM which had a Christmas theme. A after COVID restrictions were eased. Thank you to Marlene for certificate for 50 years RAJSA membership will be presented your excellent training session, they are first rate. to Don who is one of the Group’s few remaining foundation I would like to thank members who have put their hands members. up and volunteered to attend our signing room venues at As this will be my last report as HDJG Chair, I wish to thank the Woodside and Gumeracha for two hours one day a month. RAJSA, Board and staff and fellow JPs for their friendship and COVID certainly had an impact on our work as JPs. Thank guidance during the last three years. you to Gordon Kay from the Adelaide Hills Business Centre A Merry Christmas and a prosperous virus free year 2021 to all. for making his facilities available for our use at no cost. The work at these signing rooms is not hard however it keeps up David Manning our skills across a broad range of issues that we come across MID NORTH as JPs. The AGM of the Mid North Group was held in Clare in This year our major expenditure has been a donation to September with all positions filled: Chairman- B Penna; Heather following the loss of her home. Thank you to all Secretary – I Howlett; Treasurer- L Bryksy members for authorising this donation. As Chair the last person I wish to thank is Malcolm for auditing our books – The Guest Speaker for our meeting was Garry Sims who spoke your work as a JP, local councillor and auditor is very much on the development of the Clare Aerodrome since 2009. He appreciated. began with the history of the Farrell Flat airfield and the need for a new one in the mid north. Land became available and In closing I reflect on our Group and our ages. We are not a in 2010 a group applied for a Department of Transport grant young group of people – if you know any younger person who of $150,000 and earthworks started in November 2010. has the skills and wants to become a JP please encourage them all you can. We need more younger JPs for our group to prosper. All the best in your retirement from JP duties Margaret Seager, you have provided long and valuable service to the public of South Australia. I would also like to wish Bill Tappscott well in his retirement from JP duties. Like Margaret, you have also provided long and valuable service. Lastly, compliments of the season to everyone. Don Barrett HOLDFAST & DISTRICTS Finally, the “forgotten” year of 2020 is coming to an end and hopefully with COVID restrictions being relaxed, we will have an “almost” normal 2021 year. Club Marion is now again able to host our meetings which will continue to be on the 2nd Tuesday in the months of February, April, June, August, Above: Don Griffiths receiving his 50 year continuous October, and November. membership certificate from Gerry Guerin. cont. page 17 The Honorary Magistrate December 2020 16
cont. from page 16 In 2011 major earthworks for the strip and a runway were PARA DISTRICTS completed and a further donation from the Clare Rodeo group Our second meeting for the year, the AGM, successfully took of $27,000 was given, enabling Greg Pulford to design the place in August with a reasonable turn out of members eager to unique main building. In 2012 a cross strip was designed get back into things after the lockdown. The existing Executive and solar panels and batteries were planned for. In 2014 a was re-elected unopposed: Ray Hicks (Chair), Marlene Haese bitumen area and fencing were completed and the aerodrome (Deputy Chair/Social Coordinator), Anne Porter (Treasurer) and was officially opened. In 2017 a further series of grants were Paul Hawkes (Secretary). The tradition of holding a quiz night obtained allowing for the bituminising of the strip and lighting with family and friends after the AGM had to be abandoned to proceed. In January 2020, the solar was upgraded and all this year because of COVID considerations. Instead, we had grant money expended. In September 2020, the Royal Flying a training session on dealing with difficult people/situations. Doctor Service used the strip for the first time. An incredible Marlene Haese, as usual, led an extremely helpful discussion. amount of voluntary work has gone into the development of this very valuable community project. Our October meeting was the first ‘ordinary’ meeting since February and this felt much more like a return to a (slightly Ro Wood new) normal. There were some issues with the venue, so a NORTH-EASTERN last-minute re-arrangement was required which was 99% successful. A masterclass was then conducted by our “go- COVID-19 restrictions meant we had to cancel several to” trainer which dealt with Affidavits & Statutory Declarations meetings/training nights and social outings in 2020 with a bonus revision on the subject dealt with in the August however, we did enjoy three Guest Speakers: John Duval training session. on the Darwin to Adelaide World Solar Challenge; Matthew Kelly from Goldsborough Financial Services on Retirement Now, as the year stutters to an end we look forward to our Accommodation & Aged Care Options; and antique dealer December meeting which will be our Christmas Dinner catch John Foumakis, who gave appraisals on treasured items up on the 14th of December. Next year the schedule of brought along by members. A training night was conducted meetings will be as normal, well old normal. The first meeting in September when Paddy McKay SJ facilitated a Refresher will be on Monday the 15th of February and then the third Quiz with a different format – Justices Bingo with Malcolm Monday of every other month. McKay in charge of the numbers. It was both educational Wishing you all a safe Christmas and a normal New Year. and entertaining. We were also very lucky that our annual Paul Hawkes Christmas dinner at The Nor East Bistro was able to go ahead. Subject to COVID-19 restrictions, we are planning our usual PORT ADELAIDE & DISTRICTS calendar of Group meetings for 2021 and hope to secure The committee of the Port Adelaide and Districts Justices interesting guest speakers. Group met on the 5th of November and after cancelling our Four Professional Development sessions will again be conducted, October meeting due to COVID restrictions, we made plans to hopefully with two being topics facilitated by the Association’s hold our AGM on the 7th of December at the Bartley Tavern. PDC trainers and the other two ‘in-house’ sharing sessions. Members were invited to choose a two course meal from a set menu at a subsidised cost of $25 per head which will be Bi-monthly Group meetings and training sessions are served at 6pm. conducted in Meeting Rooms 1 & 2 at North East Community House, 27-31 Queensborough Avenue, Hillcrest and Our Guest Speaker for the evening will be RAJSA Vice commence at 7.30pm. The first meeting in 2021 will be on Patron, The Honourable Chris Kourakis SC, Chief Justice of Tuesday the 9th of February at 7.30pm. the Supreme Court. Hopefully, we will welcome three new members at this meeting. NESJG Members extend best wishes to all for a happy Christmas and safe New Year. We will then bid farewell to 2020 and look forward to a brighter Rita Inwood 2021 with our first meeting scheduled for the 15th of February. This will be an RAJSA training night on Statutory Declarations cont. page 18 The Honorary Magistrate December 2020 17
cont. from page 17 and Affidavits with a brief session on how to access the RAJSA the JPs present were extremely pleased with our new venue website and the AGD JP Portal. The November newsletter has - if the courts stay closed we will be using Elizabeth House been sent out to members with precise details of the AGM and as our future venue. this newsletter is now posted on the RAJSA website for you We had a good turn-out of JPs attending – 18 and two to read. guests, and we managed to provide refreshments after the We are pleased to report that the JP rosters for West Lakes meeting, COVID-19 restrictions followed! and Semaphore libraries are now operating and are extremely The two JPs who work at the Seaford Library commented busy. Courts and council offices have remained closed that there has been an increase in the amount of people in to JP services. Throughout the year, some of our JPs have the area needing a JP, so an increase in hours has been put continued working with patients at the Queen Elizabeth forward, sanctioned by Library staff and implemented. JPs and Royal Adelaide Hospitals, as well as local nursing will now sit at Seaford Library on Tuesdays from 10am to homes. Priscilla Henderson has been kindly co-ordinating 1pm – an increase of one hour. this roster. Members were then asked if they wanted to have a On behalf of the committee and members of the PADJ Group, I Christmas celebration dinner at The Aussie Inn. The vote would like to wish everyone a very happy and healthy Christmas was unanimous, and a date of the 25th of November was as this sad year comes to a close, and hope that all of you will chosen. Our thanks go to Sylvia Newton who has organised be able to spend some precious family time together over the and hosted our Christmas brunch for the past 10 years but Christmas and New Year period. I am happy to report that my who now finds it a little onerous. husband and I have booked a trip to Canberra to spend special moments with our daughter and her family at this time. During these rather weird COVID times, we have had three members resign their JP duties, and unfortunately one Joy Nicholas death. Our thanks go to James Anthony, Brian Griggs and Mary Walters for their support during these many years, and SOUTHERN SUBURBS our condolences go to Derek Padbury’s family on their loss. Since our last Groups’ meeting in August, we have managed It seems that the Courts Administration Authority are re-visiting to have our AGM. Our normal venue is the Christies Beach the subject of when or if JPs will be returning to their duties Magistrates Courts but as all courts are closed to JPs, we at courts around South Australia, so at this stage we are still had to find an alternative venue. Our Chairperson, Graeme in limbo. Daniels, is heavily involved with Elizabeth House and managed to secure a room large enough for us to use. The Sandy Low AGM took place on Monday, the 19th of October and all of Left: Lynne Aquilina, Brenton Gill, Guest Speaker Tyneil Flaherty and Anita Rubini at the Holdfast AGM & Christmas dinner (before lockdown!) The Honorary Magistrate December 2020 18
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