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Feature story pic as front page

September 2009Issue 3

Justice of the Peace provisions tightened—Attorney General’s report Annualdinner report Bail Justices column Virtual court trial in the UK CentenaryCommittee update Petrol grant update JP’s in the Spotlight AGM report

Training Update Christmas merchandise order form And much more

Annual Dinner 2009

Sept 09 edition final V2page 1

Wednesday, September 23, 2009 13:02Composite

attended by directors and membersand some very exciting ideas weresuggested. There are big plans toinvite our Chief Patron to beinvolved and hopefully all memberswill feel the desire to join in theseimportant celebrations.

Finally I would like to thank all thosewho attended the 2009 annualdinner. The large number ofhonorary justices, together withrepresentatives of the Department ofJustice and the State Trustees Officeenjoyed the guest speaker, formerCounty Court Judge, Michael Strong,who closed his speech in song.

Garry Runge JP, President RVAHJ

From the President’s desk

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If you have not read the report Iencourage you to access the Dept ofJustice website and download it.

I also encourage members to providedirect feedback as I intend raising theAssociation’s concerns directly withthe Attorney-General.

Honorary justices do a remarkableamount of unpaid work in thecommunity saving the police and thecourts many hours and significantmanpower. Members have signed inexcess of one million documents inthe past five years and providevoluntary service at signing centreslocated at 32 police stations and sixcourts across Victoria.

I met personally with the Attorney-General following the release of ther e p o r t a n d e x p r e s s e d t h eAssociation’s views about theimportant community service providedby honorary justices. On behalf of theRVAHJ I stressed the importance of acontinued role for honorary justices inVictoria as we move toward ourcentenary year. I look forward to apositive outcome and an expansion ofour role throughout the community.

The reimbursement of fuel costsassociated with members performingtheir duties as honorary justices hasbeen well accepted. I am pleased toadvise the entire $62,500 wasdistributed to members and the Boardwill be making a further application tothe Federal Government for anothergrant. I would like to thank all thosewho returned their claim forms sopromptly. This has been a greatsuccess story for all RVAHJmembers.

The centenary celebrations are wellunderway for 2010. Director, MichaelCheshire, recently chaired a workshop

I would like to welcome two newDirectors to the RVAHJ board. HarryGibcus and Michael Tse were recentlyappointed and bring with them anabundance of experience which will beof great benefit to members.

Professional development continues tobe an advantage of membership of theRVAHJ. Leo King and the team arecommitted to the provision of high qualitytraining. We recently purchased somenew audio visual equipment to improvethe delivery of service to members.

Of course the Board is always interestedto hear from members who would like tojoin the training team to deliver sessionsunder the guidance of the training group.If you have a background in training orwould like to help out please contact theoffice.

Many of you will have read the AdvisoryReport submitted to the Attorney-General, Mr Rob Hulls following areview of the selection process ofJustices of the Peace.

From the Editor’s Desk

Welcome to the “ new look ” Custodes.aim was for a fresh and modern look; moreof a magazine than a newsletter. I hope youagree we have achieved our goal.

In this edition we feature the annual dinner,take a look at the Attorney-General ’ s viewon the future of JP ’ s and your response, anew and regular column for BJ ’ s and wewelcome back advertising and the popularfeature, JP in the Spotlight.

In a world consumed with technology haveyou ever considered the concept of a“ v irtual court ” . Turn to page 15 for theresults of a trial conducted in the UK.Makes for interesting reading!

As usual your feedback is most welcomeand I look forward to hearing from you overcoming months.

A special thanks to all the contributors tothis edition of Custodes. Your input isinvaluable.

Helen Ward, EditorEmail: [email protected]

Front Cover: 40 year servicecertificates presented at the annualdinner by Garry Runge JP andPresident of the RVAHJ (centre) toRon Milne JP and Noelene King,daughter of Jack Rae JP who wasunable to attend due to illness



mailto:[email protected]

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Dear Garry Runge JPAfter reading the Custodes, I was amazed to read inyour report that some Justices of the Peace are sayingthat this is a volunteer role and we should not acceptany form of reimbursement.

In the same magazine, there is at the back an orderform for stamps, badges, ID cards and many otherthings that are a necessity for this honorary job. Thesethings are not offered to honorary justices for free, so Ido think that a reimbursement for petrol for the manykilometers these people give, and most certainly somegive many hours of their time also, is not much to feelguilty about accepting.

In fact if there was something like this before, we maystill have a lot more Justices in our community. We allknow that is honorary, and we do it willingly, with orwithout the petrol reimbursement. A little reimbursementcertainly helps with the way money is these days andmany of us are retired. Thank you for the informativemagazine.Patricia Martin JP 10739, Red Cliffs, Victoria

Michael Tse JPMichael is a Lecturer inAccounting at Deakin University.He holds a Bachelor of Artsdegree in Accounting andEconomics from the University ofEssex, UK and a Master ofCommerce degree in Accountingand Information Systems from theUniversity of New South Wales.

He is a Certified Management Accountant and aMember of the Australian Computer Society.

Michael’s community work is focussed on hisappointment as a JP and his roles in RVAHJ and theInstitute of Certified Management Accountants(ICMA). Michael is currently the Deputy Chairman ofthe Education Committee and a Member of the Ex-ecutive Committee of ICMA. He is also serving onseveral academic journals as editorial board memberand reviewer.

He is fluent in English, Cantonese and Mandarin.

Introducing new directors

Harry Gibcus JPHarry started his work career in thebuilding trade and turned to teachingin the early 1970's. He taughtwoodwork and building graphics atSt. Paul's Technical College, Ballaratand when technical schools"disappeared", he taught at St.Patrick's College, Ballarat.

Harry has been retired, or rather, was the sole carer forhis wife for the last three years of her life. She passedaway two and a half years ago. He now spend mostof his time gardening or at the local bowling orProbus Club, working on the South Street SocietyEisteddfod and on roster at the Ballarat Police Stationonce a week and at East Melbourne Police Stationonce a fortnight.

Bert Kinnersly is chairman of the Ballarat branch of theRVAHJ and Harry is vice chairman. Apart from all ofthis, Harry still needs to keep his house in order beingthe" housewife." He has three sons, now all marriedand living in Perth, Brisbane and the youngest inSouth Melbourne. Harry has eight grandchildren.

Letters to the Editor

To The Editor of Custodes.Dear Helen.I am writing with regard to items that have been in thenewspapers lately with regard to the Attorney-GeneralHulls talking about doing away with Justices of thePeace.Who does he think is going to witness documentsafter hours, witness documents at the Family Court,the Royal Melbourne Hospital and the many PoliceStations to name a few all manned by volunteerjustices. I personally attended at the Family Court forabout 10 years and the The Royal Melbourne Hospitalfor a further three years as well as seeing manypeople at my home.The Family Court was particularly busy and at timessigning several pages at a time. I am wondering ifanything is being done by our association with regardto Mr Hulls and his wishes to disband the Justices ofthe Peace, who have served the public for years withdistinction and all for free.

Regards, Ray Trengove. JP 8662.



The 2009 RVAHJ annual dinnerproved to be another veryentertaining evening enjoyed by130+ honorary justices, partnersand friends. The dinner was heldat the beautiful Treacy Centre inRoyal Park on Friday 21 August.A s oc iab le and f r i end l yatmosphere quickly developed andthe hum of animated conversationfilled the venue through-out.

The invited key note speaker wasMr Michael Strong, Director, Officeof Police Integrity, who deliveredan insightful address into the roleof the judiciary, the police force,the value of independentoversight, and the role of theOffice of Police Integrity. With ainformal, engaging style, MrStrong presented many a solidcase for independent oversight,shared more than one witticismfrom his life on the bench, andculminated with a few verses fromGilbert and Sullivans, ‘A police-man’s life is not a happy one’. Avery memorable presentation in-deed!

Other highlights of the eveningincluded the presentation ofCertificates of Service to recipientsin the 25, 30, 35 and 40 yearcategories by RVAHJ President

Garry Runge, andvice president ,Linda Rainsford.

Vicki Traintaflourosfrom State TrusteesLimited also madea presentation onbehalf of State Trustees to PaulMracek JP. Paul was a very worthyrecipient and has assisted the StateTrustees on numerous occasions inthe independent witnessing ofdocuments. In making thepresentation, Vicki commended theRVAHJ on the training it provides tohonorary just ices and thegenerosity of countless honoraryjustices, who give of their time sofreely to serve their communities.

Written by Chris Reside.

RVAHJ annual dinner does it again!

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25 year Certificate recipients

Paul Mracek & VickiTraintaflouros



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expertise as a psychologist,particularly in reading the bodylanguage of teenagers, and howthey presented themselves at bailhearings was invaluable.He also was a very popular figureat our annual dinners where heacted as a most capable MC forthe past four years in spite of hisincreasing health concerns.John died on 19 March 2009. Hewas obviously very highly

John Cheetham was appointedas a Bail Justice on 1

S e p t e m b e r 1 9 9 0 h a v i n gcompleted the very first trainingcourse run by the Association.Upon receiving his appointment heimmediately joined the RVAHJ.During his membership Johncontributed to the Association in anumber of ways. He activelyassisted in the Association’s BJrefresher training where his

regarded by his peers, colleaguesand associates as demonstratedby the number of mourners whoattended his memorial service atSt. Paul’s Cathedral. Amongstthose in attendance wereS u p r e m e C o u r t J u d g e s ,p r o f e s s i o n a l c o l l e a g u e s ,representatives of the RVAHJ anda vast number of others who knewhim through his many professionaland charitable activities.

Annual Dinner 2009



Vale John Cheetham 15 November 1948—19 March 2009

Keynote speaker Michael Strong



Thursday, 18 June 2009Source: www.premier.vic.gov.auThe Office of the Justice of thePeace will be reviewed followingan independent panel ’ s reporton the status of Hakki Suleymanas a Justice of the Peace.Deputy Premier and Attorney-General Rob Hulls todayannounced a number ofnew initiatives around the officesof Just ice of the Peace( J P ) following an independentreview by an advisory panelmade up of former StateServices Authority chairmanP e t e r H a r m s w o r t h a n dformer Victorian GovernmentS o l i c i t o r R o n B e a z l e y .

The panel, which reported to MrHulls this week, was asked to lookat whether Mr Suleyman was a fitand proper person to hold theoffice of Justice of the Peace inlight of the Ombudsman ’ sfindings into the Brimbank CityCouncil and also to review theappointment processes of JPs.

Mr Hulls said a numberof the panel ’ s recommendationswould be immediately implented.These included: :1 ) informing the Secretary of theDepartment of Justice in caseswhere the Justice AssessmentPanel had exercised discretion inappointing a Justice of the Peacewith a previous criminal record;2 ) requiring Victoria Police torelease al l prior criminalconvictions in formal police recordchecks in the interest of theadmin is t ra t ion of just ice;3 ) requiring all prospectiveJP ’ s to sign a StatutoryDeclaration as part of thea p p l i c a t i o n p r o c e s s ;4 ) modifying the application

form to capture details of anapplicant ’ s current and formernames to enable a comprehensivep o l i c e r e c o r d c h e c k ;5 ) asking the Honorary JusticeOffice to prepare separate Codes ofConduct for Justices of the Peaceand Bail Justices and for these to bemade available on a regularbasis to office holders; and6 ) requiring all prospectivecandidates to apply to the HonoraryJustice Office for an applicationform, which would be forwardedw i t h im po r t a n t b ack g r ou ndinformat ion about t he ro le ,responsibilities and Code of Conductfor Just ices of t he Peace.

Mr Hulls said hehad also asked theDept of Justice toprepare a report onthe future need androle of JP ’ s .

“ T he office ofJustice of the Peacedates back tomedieval times,but reforms over theyears have progressively removedtheir powers to their current functionof witnessing Declarations andAffidavits – a function also providedby other professions under theEvidence Act, ” Mr Hulls said.

“ I t is open to debate whether thereis still a need for Justices of thePeace in the 21st century.

“ T he panel also questioned whethera cap should be put on the numbersof Justices of the Peace, and whetherthere should be a legislated age limit.These issues will be exploredand wil l involve consultat ionwith all relevant stakeholders. ”Mr Hulls also announced MrSuleyman ’ s appointment as a

Justice of the Peace provisions tightened

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“ I t is open to debate

whether there is still a need

for Justices of the Peace in

the 21st century. ”

Justice of the Peace had beenrevoked by Governor in Council,following the independent panel ’ sreview, and based on behaviourrevealed in the Ombudsman ’ sreport into Brimbank City Council.

Mr Hulls said he had recommendedto Governor in Council to revoke MrSuleyman ’ s appointment aftert he pane l de te rm ined theOmbudsman ’ s findings of undueinfluence by Mr Suleyman in relationto the Keilor Lodge Reserve broughtinto question his integrity.

“ T he panel found this behaviourclearly questioned the integrity of

Mr Suleyman to theextent that he behavedin a way that could bejudged as weakeningpublic trust in theOffice of Justice of thePeace, ” Mr Hulls said

“ I t is on the basis of this findingthat I sought to revoke MrSu ley man ’ s a ppo in t men t ”

The review found Mr Suleyman ’ sappointment as a Justice of thePeace followed usual procedures. Itfound a police check of the VictoriaPolice LEAP system did notreveal any prior convictions,but a further check of recordsrevealed convictions from analtercation when Mr Suleymanwas a taxi driver in 1989.

The panel found these criminalconvictions were taken into accountin recommending his appointmentbut were not brought to the attentionof senior departmental managementor the Attorney-General.

“ I t is open to debate whether

there is still a need for Justices of

the Peace in the 21st century. ”



http://www.premier.vic.gov.au

JP’s strike back at Attorney-General’s comments

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Welcome back to JP in the Spotlight, apopular column in earlier editions ofCustodes. We start this new series byintroducing a family where being a JP isin the blood.Meet Ron Stanley andWendy Caple, father and daughter, andboth JP ’ s from South Gippsland. Ronwas appointed a JP in 1971 and Wendyin 2003.Why did you decide to become a JP?Ron: It was suggested to me at the timegiven my role as Shire Secretary, thatit would be advantageous for thecommunity if I were a JP. That was 38years ago.Wendy: I was living in a small ruralcommunity outside Leongatha and alocal person suggested to me it would bea good idea to have a Justice in thearea.What is it like being a JP in Leongatha?Both Ron and Wendy feel that providinga community service is a real positive ofbeing a JP. Ron goes on to add that thedownside is the after hours calls and thetravel involved in some call outs.Describe life in Leongatha.Ron: I have lived in Leongatha for 38years, am now retired and happy to stayas I have good friends and it ’ s a nicecommunity. Two of my four children andfour grandchildren also live inLeongatha.Wendy: We moved to Leongatha duringmy high school years. I left for a while tostudy and teach. I moved back to thearea when I married as it is where myhusband comes from. As much as Ienjoy Leongatha there are certainlyother places I would like to investigateand explore.What are your hobbies?Ron: Rotary, gardening, reading, churchand traveling.Wendy: Our two daughters left home atthe start of the year so I am beginning tofind time for hobbies. I enjoy gardening,I ’ m involved with the church, the localathletics club committee and I work full-time as assistant principal at the localprimary school.

What are the challenges faced byJP ’ s?Ron:The current enquiry by the Deptof Justice, which from its websiteseems to give the impression theydon ’ t think much of JP ’ s and arenot really aware of what the RVAHJdoes.Wendy:The number of different formswe are asked to witness seems to begrowing and it takes time to siftthrough them to ensure we havedone our job properly.Highlights of being a JP?Both Ron and Wendy agree that theirlocal group is a good support and anice bunch to spend time with.What is it like as JP ’ s being related?Ron: We sometimes confer with oneanother on issues. We tend to havedifferent JP jobs because of the hourswe are able to give to the role.Wendy: It ’ s good to be able to callon dad ’ s experience and pick hisbrains about things that crop up. Itend to deal with people who come tome at work during the day mainlyfrom the school community. Dad,because he is available, gets calledout during the day by the StateTrustees.Has the role of a JP changed?Ron: The biggest change is not sittingon the bench at the Magistrate ’ sCourt, using local knowledge tosupport the Magistrate. Also anincrease in the number of professionsthat can sign a Statutory Declarationhas decreased the workload forJustices.Wendy: Having not been in the jobthat long, the biggest change I havenoticed is not being able to signdocuments for the Registry of Births,Deaths and Marriages. The need tosign documents for police checks anddivorce papers seems to haveincreased significantly.

JP’s in the spotlight

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What skills does a JP need to do thejob?Ron: You need to be a good listenerand have a desire to help.Wendy: You need to give of yourtime to people and acknowledge thatconfidentiality, particularly in a smallcommunity is important.If you could send a message to theworld what would it be?Ron: Be considerate to each otheras individuals and as nations.Wendy: Enjoy the time you are here,not at the expense of others andcare and share more.What is the future for JP ’ s?Ron: If the Dept of Justice continueson its present way the role of a JPwill continue to diminish. It wouldalso appear many people in powersee the volunteer as irrelevant.Wendy: In our community there stillseems to be a need but only whileour title appears on documents towitness. If this changes we won ’ thave much to do.Which five people would you invite todinner?Ron: Apart from my family, RickyPonting, Jeff Kennett, DavidAttenborough, Dawn French andJames Morrison.Wendy: Family are always fun but DrFiona Stanley, Jim Stynes, Jim Eion,Dame Elizabeth Murdoch and Pink.



What skills does a JP need to do the

You need to be a good listener

of yourtime to people and acknowledge thatconfidentiality, particularly in a small

end a message to the

Be considerate to each other

not at the expense of others and

continueson its present way the role of a JPwill continue to diminish. It wouldalso appear many people in power

In our community there stillseems to be a need but only whileour title appears on documents towitness. If this changes we won ’ t

Which five people would you invite to

ckyPonting, Jeff Kennett, DavidAttenborough, Dawn French and

Family are always fun but Drona Stanley, Jim Stynes, Jim Eion,

Welcome to all new members. Ian Ballantyne JP LARAKristopher Bolam JP FRANKSTONDonald Ewart Chenery JP DINGLEYVernon Collins OAM JP SEAFORDSharyn County JP YALLAMBIEClarence Debnam JP WARRAGULJohn Derman JP WALLANJoseph Diffen JP TORQUAYMursel Duz JP CARLTON NORTHKaylene Evers JP CAROLINE SPRINGSHarvey Hilary-Taylor JP MILDURAGraeme Hind JP RYEMilton Holmes JP MOUNT WAVERLEYKaren Hynes JP BACCHUS MARSHDarren Langman JP HEIDELBERG HEIGHTSScott McDonald JP WHEELERS HILLGrant McDougall JP CRANBOURNEPeter Mulholland JP LILYDALEBryan Nicholls JP SEBASTOPOLGraeme Park AM JP BELMONTWalter Pilmore JP TRARALGONGeoffrey Porter JP JACANAJason Potts JP NEWBOROUGHKurt Reiter HAWTHORNVernon Robinson JP NEWCOMBJohn Seymour JP NARRE WARRENFelicity Smith JP OAKLEIGH SOUTHMaria Sozanski JP NEWLYNElizabeth Spicer JP KYABRAMDoreen Stoves JP HEATHERDALERobert Taylor CAMBERWELLLeslie Zimmerman ST KILDA EAST

Welcome new members

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Witnessing Victoria PoliceNational Police Certificate documents.

Recently there has been some confusionabout the requirements of a Justice of thePeace ( JP ) when witnessing a VictoriaPolice, Nat ional Police Certif icateapplication. There is no requirement for theJP to ensure the applicant has the 100 pointsrequired in the application. The JP is simplyrequired to witness the applicant ’ s signatureand certify the photograph. Below is a copy ofthe response from the Department of Justiceclarifying this matter.

The onus is on the applicant to ensure that theform is fully completed and that all requireddocuments [photocopies] are attached. If theapplicant fails to do this, then VicPol willadvise the person. The JP has no part to playin this aspect. Similarly, the onus on achievingthe required level of ID points rests solely withan applicant [ultimately in consultation withVicPol] - the JP has no formal part in this.

The role of the JP is clearly set out in SectionG of the National Police Certificate Check. Itstates that a JP can:

Witness an applicant's signature.

Sign and date the photocopies of IDdocuments to be included by theapplicant with the application formafter first sighting the originals ofsuch documents to ensure "truecopy" etc.

Verify [and certify to that effect] thephoto ID presented by the applicant.

Garry Runge JPPresident RVAHJ 0400 335 251 ( mobile )

RVAHJ becomes signatory of Community Accord.In July, RVAHJ joined the growing list of community organisations as asignatory of the Community Accord. This is a document developed by theVictorian Multicultural Commission which reaffirms Victorian ’ s faith infundamental human rights, in the dignity and worth of the human person, andin the equal rights of men and women.

The Accord was first signed in 2001 by 36 community organisations to affirmtheir commitment to the principles of community harmony and respect for allVictorians. Signatories include organisations from different sectors of theVictorian community such as Lions Clubs, Victoria Police, local governmentsand the ANZ Bank.



Annual General Meeting

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ROYAL VICTORIAN ASSOCIATION OF HONORARY JUSTICESMINUTES OF THE 99TH ANNUAL GENERAL MEETING

HELD AT 53 BROADWAY ELWOOD ON THURSDAY 28 MAY 2009COMMENCING AT 7.30 PM

PRESENT:Garry Runge ( President RVAHJ ) , Michael Cheshire, Rod McConnell, Laurie Taig, Fred Kent, Norman Wittingslow,Glenda Frost, Gerry Kerkvliet, Cliff Fisher, Heather Simmonds ( minutes ) , Adam Trumble, Helen Gilhome, KayleneKacher, Harry Gibcus, Ray Walker ( Skype )APOLOGIES:Joan Scott, Patricia Brown, Cathie Irvin, Cathy Owens, Chris Reside, Michael Tse, Constance Smith, RegKinnersley, Jim Kerin, Robert Campbell, Linda Rainsford, Gary Tragardh, Harvey DunkleyWELCOME:Association President and AGM Chairman Garry Runge welcomed members to the AGM and introduced BoardMembers who were present.MINUTES OF THE 98TH AGMMinutes of the 98th AGM as printed and circulated were confirmed. Moved Laurie Taig and seconded Fred Kent.CARRIEDBOARD’S ANNUAL REPORTImmediate Past President Rod McConnell presented his report.ANNUAL ACCOUNTS:The Audited Balance Sheet and Statement of Income and Expenditure for the year ended 31/12/2008 was presentedand carried.APPOINTMENT OF AUDITOR:Mark Herold of CHN _Herold Ross was reappointed as auditor for the ensuing year.FURTHER MATTERS:Returning Officer Adam Trumble was thanked by President Garry Runge for his work. President Garry Rungethanked the Immediate Past President Rod McConnell for his excellent support and advice.Meeting closed at 8.00 p.m.

For a complete version of the AGMMinutes and the year end financialaccounts visit the RVAHJ website.

Advertise in Custodes Reach a state wide audience of influential community leaders and business professionals by advertising your business in Custodes. Very competitive casual and yearly advertising rates available starting at just $20.00. Don ’ t miss out on this important business opportunity. Contact the editor today at [email protected] to arrange your booking.

Ad Size: Yearly Rate( 4 editions) Casual RateBusiness card size $20.00 per edition $30.00Quarter page $45.00 per edition $55.00Half page $75.00 per edition $90.00Full page $100.00 per edition $150.00Loading for premium pages ( inside front and back cover + 20% )Yearly rates are to be paid in full, in advance.




The role of a volunteer Bail Justice( B J ) is to hear bail applications( u nder the Bail Act 1977 )and applications for InterimAccommodation Orders for children( under the Children, Youth andFamilies Act 2005 ) within Victoria.BJ ’ s can remain appointed untilthe age of 70 however applicantsmust be under 65. They are oftenrequired to rule on bail applicationson weekends and late at night whenthe courts are closed, and alsowitness StatutoryDeclarations andaAfidavits.

BJ ’ s, like JP ’ sperform their vitalcommunity role in avoluntary capacity. Inaddition to witnessingdocuments BJ ’ shave the addedresponsibility ( whichcan be controversial and should notbe underestimated ) of ruling on theremoval of a defendant ’ s liberty.

To become a BJ applicants mustundertake an extensive course ofstudy and ongoing trainingprograms are readily available andhighly recommended. Whilstmembership of the Royal VictorianAssociation of Honorary Justices( R VAHJ ) is not mandatory,membership numbers clearlyindicate the percentage of BJ ’ s inVictoria is small compared to thenumber of JP ’ s.

One major issue facing BJ ’ s is

public awareness and recognition.Long serving BJ, David Ross Seggiebelieves that there is little if any publicawareness or acknowledgement ofwhat a BJ is and what they do.

A view it seems that is supported bythe majority of BJ ’ s

“ Nobody goes into this job seekingrecognition but when you havedisturbed the household at 3 a.m.having been called out to the policestation in the pouring rain to deal withan urgent matter, it would be nice toknow your efforts are appreciated, ”says Ross.

To add further salt to the wound Rossbelieves that there are some State

Government documentsthat require witnessingwhich don ’ t list a BJ asan authorised witness!

On a lighter note, Rossshares one of themore memorable, andhumorous moments hehas encountered duringhis 19 years as a BJ.

Whilst driving to the St Kilda RoadPolice Complex for a bail hearing herecalls being caught in a traffic jamand hearing on the radio reference tothe out-of-session he was to presideover. The report said that the hearingwas to take place shortly. Rossthought to himself that if the trafficdidn ’ t get moving the hearing wasgoing to happen later rather thansooner.

His job this day was to decide the bailon a number of individuals, each ofwhich were to be heard separately onthe request of police.

There were bags of evidencecollected by the police and placed in

Bail Justices

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the room in which the hearings werebeing held and during the sessionhearings mobile phones could beheard ringing constantly from thesebags.

The defendants reasons for seekingbail were creative to say the least.

They included:One defendant needed to gethome to feed his pet monkey.Another caught sleeping in aschool claimed he used to bea tax payer and thereforeowned the school.Yet another, when asked if hewished to apply for bail saidhe would “ take the Fifth ” . Itwas pointed out to him that“ t h e F i f t h ” w a s anamendment to the AmericanConstitution and therefore didnot apply in Australia.A defendant claimed everytime he faced a “ bail buster ”he didn ’ t get jail.

In terms of some positives, Rossconsiders the RVAHJ initiative ofsupplying teddy bears to children asa good idea and as far as the futuregoes for BJ ’ s he recalls some timeago a move to combine the roles ofJP ’ s and BJ ’ s; an initiative Rosssupports.

An interesting fact that may not bewidely known is that BJ ’ s are notrecognised in any other state thanVictoria. National recognition ispossibly another way of securing thefuture of BJ ’ s according to Ross.

One defendant needed to

get home to feed his pet

monkey.

Enclosed in this edition is theGuildline to Hearing Forms and

Usage as an aide memoir for yourbriefcase.

Editor ’ s Note:Thanks to Ross Seggie for hisinvaluable input into this article.



Guideline to Hearing Formsand usage

Guideline to Hearing Forms & Usage for Bail Justices

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Are you aware the Association has a limited number of teddy bears (courtesy of the Lions Club)to provide comfort for distressed children. They are available to Bail Justices at no cost.

Please contact Cathy at [email protected] or on 03 9525 7099.

STOPPRESS




Merchandise order form

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Centenary Committee update

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The Centenary Committee met early in July for a workshopto discuss and plan the suggestions put forward bymembers. There were nine people present with threeapologies. Each suggestion was discussed and of thosepresent, some took on an individual activity to run with. Theinput from all those present was professional and practical.

Some of the activities that are being planned include:

Opening and closing events - for the centenaryyear. These plans are still under wraps as talkswith dignitaries are ongoing. We are expecting toinvolve them with some events during the year.Merchandise - Production of a centenary tie anda pre-paid envelope have been agreed to. Moremay follow. Helen Gilhome is working on the tiesand looking at what else we may produce, whileRod McConnell is working with Australia Post onthe pre-paid envelopes.Branch involvement - Each branch is encouragedto put on a BBQ/dinner/or other activity tocelebrate the year. Branches may wish to alsoinvite local dignitaries to join in the celebrations.A history book – Fred Kent is writing it at themoment. It will be published for all to purchase.Travelling display – Ubaldo Martelli and NormGibbs are working on a mobile display to be usedaround Victoria. They are seeking volunteers andsponsors for this project.Seminar - A seminar may be planned to discussthe future of the honorary justice given we maywell be at a crossroads of the duties justices takeon in the years to come.Media coverage - Media kits will be available forthe branches to use to gain coverage andshowcase the work of honorary justices over theyears and into the future.Annual dinner – The focus of the annual dinnerwill be our centenary year. The dinner willcoincide with the Australasian Council ofJustices ’ Associations meeting in Melbourne inOctober 2010. The ACJA represents all justicesin Australia and New Zealand. They hold theirmeetings in rotation around the States. In 2010the president will be RVAHJ director and pastpresident Michael Cheshire.

The Centenary Committee are considering a theme for thecentenary year. If members have any suggestions, pleasecontact Michael Cheshire, Committee Chair [email protected].

There is much excitement around about our celebrations.Thanks must go to all those concerned who have madesuggestions, put themselves forward to work on theactivities and the centenary committee itself. PresidentGarry Runge and vice-chair Harry Gibcus are both greatpeople and have provided advice and assistance with ourplanning. The Committee is hoping to include manyactivities throughout the year which everyone can beinvolved in some way.

We are part of an honourable and ancient institution. Itbegan when Richard the Lionheart went off to thecrusades in 1195. It was the beginning of the judicialsystem as we know it. There were only Justices of thePeace running the judicial system in Australia for a longtime before judges were established. We are held in goodesteem by the community for the work we do.

Let us all celebrate this milestone!

Michael Cheshire JPChair – Centenary Committee

Petrol grant updateBy Helen Gilhome

We are pleased to announce that the $62,500 petrol grantgenerously provided by the Department of Families,Housing, Community Services and Indigenous Affairs hasbeen distributed to members to reimburse fuel costs. Thisrepresents an amazing 128,000+ kms travelled byJustices.

The $10,000 small equipment grant has similarly beenused to purchase desperately needed training equipment,a laser printer, fridge, urn and vacuum cleaner.

A small grant of $5,000 is available this year and ofcourse we will be making an application. It is anticipatedthis money will be spent on small equipment ( eg newcomputer or photocopier )

We will keep you advised of the outcome which may notbe known until 2010.

We are still seeking sponsorship for the reimbursement ofpublic transport costs and will raise this matter with theJustice of the Peace Reference Group when next it meets.




Virtual court cases go on trial in London

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It is suggested that the Virtual Courts Scheme has thepotential to deliver savings of over £10million a year.

Justice Secretary Jack Straw praised the first Virtual Courtpilot for delivering justice faster and more efficiently, whenhe visited Camberwell Green Magistrates ’ Court on 27May. Mr Straw said: ‘ As I have seen first hand today,Virtual Courts have the potential to transform how thejustice system deals with crimes. They are vital in theGovernment’s drive to deliver swift justice - resolving casesfaster, freeing up police time and improving the servicegiven to victims, witnesses and defendants. Although at anearly stage, this pilot helps the courts, police, prosecutors,defence lawyers and the judiciary work better together todeliver quicker and more effective justice without any loss ofquality. The faster we get justice done, the more weimprove public confidence in the criminal justice system aswhole.’

The Solicitor General, Vera Baird QC, said: ‘ By continuingto examine the Virtual Courts concept we can ensure thatits potential is fully realised but that appropriate safeguardsare in place to ensure it is used for the right kinds of cases.It can work for both complainants and defendants, while thepublic can continue to see justice being done.’

Lord Justice Leveson, the Senior Presiding Judge forEngland and Wales said: ‘ The courts offer a public andopen system of justice, but it is also important that theyprovide for the swift resolution of cases. The judiciary aretherefore keen to look at new and innovative methods ofincreasing the efficiency of the courts, whilst preservingwhat is important about the system of justice that theyprovide. Using technology such as this to reduce delay musttherefore be worthy of further investigation. I welcome thispilot and shall follow its progress with interest.’

Andrew Morley, chief executive of the London CriminalJustice Board, which is coordinating the London pilot,said: “The London Criminal Justice Board is committed totesting new ways of improving the public’s experience of thecriminal justice system by improving the timeliness andefficiency of the process. We have shown previouslythrough a successful prototype that the technology makes itpossible for the court to deal with first appearances over avideo link from the police station, and are confident that thepilot will demonstrate significant benefits in terms ofefficiency, victim satisfaction and confidence.’

Published 27/5/2009 Source www.scl.org

Camberwell Green Magistrates ’ Court is the unlikelyvenue for a new pilot scheme – the so-called Virtual Court.

The Virtual Court Scheme is now a daily reality. AtCamberwell Green Magistrates ’ Court cases can now beheard within hours via a secure video link between CharingCross police station and the court. The pilot has alreadyseen two cases dealt with in this way. In one case, thehearing took place four hours after the defendant wascharged with drink driving. The defendant pleaded guiltyand was sentenced, at the end of the hearing, which lasted20 minutes.

The new Scheme follows a 12-week prototype study in July2007 that was hosted by Camberwell Green Magistrates'Court. That prototype study demonstrated that both custodyand bail first hearings could take place in a single day withan average time of three and a half hours.

Other London police stations expected to join the pilot overthe summer are Brixton, Kennington, Streatham, Peckham,Walworth, Lewisham, Plumstead, Bromley, Croydon, SouthNorwood, Sutton, Paddington Green, Belgravia,Bexleyheath. An estimated 15,000 cases are expected tobe dealt with using the Virtual Court during the one-yearpilot. A second pilot site in North Kent will launch in June2009 so that the Virtual Court concept can be tested inareas with different characteristics.

During the hearing the Virtual Court will sit at both the courtand police station. The defendant will be online at the policestation, with the magistrates or district judge, legal adviser,Crown Prosecution Service and probation service based atthe court. The defendant ’ s solicitor can be either at thepolice station or court. The public will be able to see thedefendant on a screen within the court. Defendants will stillhave access to confidential legal advice and a system ofsafeguards will be in place to ensure those with mentalhealth or learning difficulties and vulnerable defendants'rights are protected. If the magistrates or a district judge feelthat the process is unsuitable for a particular case they canterminate proceedings at any stage and refer the case for astandard court hearing. Claimed benefits of the VirtualCourt scheme include:

The potential for same-day sentencing ofoffenders who plead guilty.A reduction in delays caused by defendantsfailing to turn up to hearings and paperwork notbeing available.Reducing prisioner movements, saving money ontransport costs.



http://www.scl.org

Training update

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A big thank you to the members who have respondedto the request for trainers. The training committeewill review these expressions of interest and contactyou to discuss options. The aim is to have a poolof members we can draw from that canassist Leo King next year with training sessions.

Recently the RVAHJ provided training to 45 members inTraralgon. The training was attended by the presidentGarry Runge, vice president Linda Rainsford and Leo Kingagain presented a professional training day. It is fantastic tosee the level of attendance and interest that members havein keeping their skills up to date by attending thesesessions. Despite the weather members enjoyednetworking and the association is grateful to the localbranch who provided the venue and refreshments on theday. Feed back on the day was positive and includedsuggestions that the training committee will consider forfuture sessions.

By Linda RainsfordThe last training date for this year is as follows:

When: 3 October 2009

Where: Felltimber Community Centre, Ritter Road, ( off Melrose Drive ) , Wodonga

Registration: 8.45 am

This course covers your duties and legal responsibilitieswhen Document Witnessing ( Affadavits, StatutoryDeclarations, Certified True Copies and Powers ofAttorney ) .

Time: 9.00 am sharp -3.00 pm ( Note earlier start )

Full course Notes are supplied.

Morning tea and lunch provided.

Cost: : Members or those who have applied for

membership No cost

Non members $100.00

RSVP: 20 September 2009 Post PO Box 317 Elwood 3184 Email [email protected].

Help needed!Rosters are a great opportunity for those Justiceswho are anxious to serve their community but donot wish to have people coming to their house.

We need help on the following rosters:

Dandenong ( Langhorne Street )12.30 p.m.—3.30 p.m. weekdays.Contact Bob Warren at [email protected] call ( 03 ) 9574 0626.

Melbourne East ( Flinders Lane )11 a.m.—2 p.m. weekdaysContact Helen Gilhome at [email protected] call 0401 331 876

Moorabbin ( Nepean Highway )Tuesday and/or Friday 5 p.m.—7 p.m.Contact Helen Gilhome at [email protected] call 0401 331 876

What ever time you can give either frequently,infrequently or as an emergency is greatlyappreciated by the Police and the community.

Updating contact detailsHave your contact details changed? Please advise Cathy by

Email at [email protected] Telephone on ( 03 ) 9525 7099

Fax ( 03 ) 9525 7765Mail to PO Box 317, Elwood, Victoria, 3184

If you have changed address please don ’ t forget to includeany change to phone numbers as this is how the members ofthe public contact you.








Frequently Asked Questions

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Should we witness a document for a relative?In simple terms NO.The Association advises against signing for any familymembers at all. Holding to this rule provides you a methodto safeguard your independence as there is no requirementof where to draw the line from close to distant relatives andany possible family pressures are thus negated.

Reasoning:It is inadvisable to put yourself in a position where if thedocument was called into question at later date areasonable person could infer that the document orcircumstances of the witnessing could have beencompromised because of the family tie. This safeguardsyour reputation as an independent witness.Can a JP witness a Passport Application?In simple terms NO.A Justice of the Peace is not an accepted witness by way oftheir office, as only an Australian Citizen who has known theapplicant for 12 months may witness the application. Thisdoes not preclude a JP from signing as a witness but it is asan Australian Citizen who has know the applicant for 12months not as a JP.

Reasoning:This is the requirement of the Department of Immigrationand more reasonably provides a proper identification checkthat previous requirements of a JP or other named officeswould not.Can I witness an Email as a Certified True Copy ( CTC) ?In simple terms YESThe association advises that Emails are often tendered incourt and other locations as evidence or support for anynumber of events and can be certified as a copy of anoriginal that has been sighted. As the original actually existsas a series of ones and zeroes in a magnetic field in acomputer it can obviously be subject to manipulation at alater date and we therefore advise that the original( p rintout 1 ) be marked as the original and signed anddated by you and that you certify the copy or printout 2 asthe CTC. This way the original cannot be altered and thecopy clearly identifies itself as a copy of the original that ismarked as original dated with your signature that you areattesting that you have sighted.Can I witness my own documents?The simple answer is NO.The role of an honorary justice is to be an independentwitness. You cannot act independently in matters in whichyou are directly involved.

Can I sign documents for other states?Legislation in each state/territory allows for StatutoryDeclarations and Affidavits to be signed over stateboarders by honorary justices.Does this mean I can sign documents when I gointerstate on holiday?It is recommended that you do NOT witnessdocumentation outside Victoria unless you separatelyhold office in that state. The office of Justice of thePeace is a state appointment.Can I sign documents to be used overseas?The office of Justice of the Peace is recognised in manycountries around the world, but not all. Firstly check thedocument and any paperwork for an indication of who isa recognised signatory. If still unsure, you could trycontacting the Consulate of the country involved orcontact the RVAHJ office to discuss.

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Does your family scratch their heads trying to find giftsfor you? They need look no further than these terrific giftideas!NEW RVAHJ PlaqueThis shield-shaped wall plaque bears the Association’ slogo, surrounded with gold-coloured oak leaves ( y oumay have seen this badge in our RVAHJ ID Wallet) .With a personalised, engraved plate ( 2-line max. ) , anyJustice would be pleased to have this impressive item ondisplay.Cost: $79.95 plus postage ( $7.00 1st item )

Alarm ClockThis handy analogue clock, with easy-to-read numeralswould look stylish anywhere; from the bedside table tothe boardroom table! The polished chrome case hasbeen laser-engraved with the Association ’ s logo.Cost: $24.95 plus postage ( $6.00 1st item )

Special Offer!Purchase any item on this page and receive a freeRVAHJ keyring, worth $8.95 ( One per customer andonly until stocks last! )

Postage rates: please include the 1st item postage charge plus $2 peritem thereafter. For example, to purchase a plaque, a pen and a clock,add $11.00 postage ( $7.00 plus 2 x $2 ) . To purchase the pen andclock only, add $8 postage ( $6.00 plus 1 x $2 )

Christmas gift ideas

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Shaeffer PenThis beautiful, brushed-chrome Shaeffer pen comes in its ownstylish gift box. ( Ink colour: Black )Cost: $39.95 plus postage ( $6.00 1st item )

Payment: Send Chq/Money Order or Credit Card details( below ) to Administration Officer, RVAHJ, PO Box 317,Elwood, Victoria, 3184.

Indicate Credit Card: Mastercard VisaCardholder name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Card Number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Expiry date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Cardholder ’ s signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Item Cost $ Qty Sub Total

Plaque* $79.95

Pen $39.95

Clock $29.95

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Members community service acknowledged

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New era for justice services in regional areas.

To help service regional areas better, the Department ofJustice has adopted a new regional model, which willimprove access to Justice services across Victoria bylocating them closer to the communities they serve.

Newly appointed Regional Directors will lead the delivery ofJustice services in Victoria ’ s regions under the Departmentof Justice ’ s new regionalisation model. Regional Directorswill oversee regional head offices in eight regions acrossVictoria.

The new regionalisation model creates “ one stop shops ”for Victorians, with a Justice Service Centre to be located ineach of the eight State Government regions, in line with thegovernment ’ s commitment to drive growth in provincialVictoria.

The Department of Justice provides access to a range ofservices through its regional Justice Service Centres,Including:

consumer advicefine paymentsmediation services and dispute resolution.

Delivering justice services through eight geographicalregions, the Department of Justice aims to provide justiceservices that are more focused on the needs of localcommunities and provide job opportunities in regionalVictoria.

For more information about Justice regional services inyour area, visit the Justice Regional Locations webpage.

July 2009, source www.justice.vic.gov.au

Members publicly acknowledged for their communityservice.

During National Volunteers week in May this year the City ofGlen Eira awarded Laurie Taig, Fred Kent, Max Rose andLeo King a Certificate In Appreciation in recognition of theirservices in the special category of 10 or more years ofservice. Combined, these gentlemen have provided 93 yearsof service to the Association and the community.

Annually Glen Eira City Council acknowledge the importanceof volunteers by holding a ceremony to publicly honourtheir contribution to community life in the City of Glen Eira.Known as the Volunteer Recognition Program, not-for-profitcommunity based organisations are invited to nominatevolunteers in recognition of their contribution of 500, 1000 or2000 hours of service. There is also a special category whichrecognises 10 or more years of continuous voluntary service.

“ I firstly want to congratulate Laurie, Fred, Max and Leo onreceiving this award. They are excellent examples of thededication and commitment made by all JP ’ s and I wouldencourage much more public acknowledgement of what wedo through initiatives such as this one, ” said PresidentGarry Runge.

“Whilst none of us look for thanks it is delightful to havelong and distinguished service recognised.”

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http://www.justice.vic.gov.au


Address: 53 Broadway ( PO Box 317 ) , Elwood, 3184

Telephone: ( 03 ) 9525 7099 Facsimile ( 03 ) 9525 7765

Email: [email protected] Website: www.rvahj.org.au

ACN 004 226 448

PATRONThe Rt Hon Cr Robert Doyle

The Lord Mayor of Melbourne

PRESIDENTGarry Runge JP 0400 335 251 [email protected]

VICE PRESIDENTLinda Rainsford 0418 333 568 [email protected]

COMPANY SECRETARYMichael Tse JP 0403 732 185 [email protected]

IMMEDIATE PAST PRESIDENTRod McConnell JP ( 0 3 ) 9435 0573 [email protected]

HONORARY TREASURERFred Kent JP

CUSTODES EDITORHelen Ward 0438 594 285 [email protected]

COMMITTEESMembership [email protected] [email protected] [email protected]

Branch network

MetroCity & Northern

Mr Bob Williams JP(B&H) 5427 3366

DandenongMr Nigel Carter JP

(H) 9795 8798

Diamond ValleyMr Gerry Kerkvliet JP(M) 0419 419 414

Glen WaverleyMs Heather MacGregor JP

(H)9706 1386

MaroondahMr Brian Ross-Soden

(H) 9874 7793

MonashMiss Kaylene Kachel JP

(M) 0417 717 744

Mornington PeninsulaMs Fay Hunter JP(M) 0427 267 607

Western SuburbsMr John Boles JP

(H) 9311 8931 (M) 0418 102 701

WyndhamMrs Marie Brittan JP(M) 0403 258 776

CountryBallarat

Mr Bob Coleman JP(H) 5342 0941 (M) 0408 519 500

BenallaMr Stephen London JP

(H) 5762 3077

BendigoMrs Helen Yorston JP

(H) 5442 8859

BulokeGarry Larmour JP(B&H) 5491 1647

Central GippslandMr Don Ferguson JP

(B&H) 5127 1718

GeelongDeema Johnston JP

(B&H) 5281 1106 (M) 0430 211 916

North East VicMs Nancye Byrne JP

(H) 5722 3281

South GippslandMr Ron Hateley JP(B&H) 5956 9357

South WestMr Craig Walsh JP(M) 0421 006 209

SunraysiaMrs Jenny Bennett JP

(H) 5025 2757

Upper MurrayCarol Allen JP / Jane Mulloy JP(02) 6076 2050 / (02) 6059 7691

Wimmera

Mrs Shirley Smith JP

(B&H) 5385 7491

Yarra ValleyMrs Wendy Booth JP

(M) 0407 051 757

DIRECTORSMichael Cheshire JP ( 03 ) 5345 3777 [email protected] Frost JP ( 0 3 ) 9764 2239 [email protected] Reside ( 0 3 ) 9741 4521 [email protected] Taig JP ( 0 3 ) 9587 5040 [email protected] Tiliacos JP 0438 358 107 [email protected] Walker JP ( 0 3 ) 5497 1693 [email protected] Wittingslow JP ( 03 ) 9331 1088 [email protected]

AUDITORCHN Herold Ross ( Chartered Accountants )

ADMINISTRATION OFFICERCathy Owens JP ( 0 3 ) 9525 7099 [email protected]

CHIEF PATRONProfessor David de Kretser, ACThe Governor of Victoria

Royal Victorian Association of Honorary Justices

EDITORIAL POLICYThe official journal of the Royal Victorian Association ofHonorary Justices has appeared, in various formats, since1910. As is common practice in publications, the currentCustodes does not necessarily represent the views of theRVAHJ, since it encourages contributions from a widecross-section of members and beyond. Articles and letters aremost welcome, but are subject to the discretion of the editor.

ADVERTISING OPPORTUNITIESAdvertising in Custodes reaches a statewide audience ofinfluential community leaders and business professionals.Attractive advertising rates are available.

Contact the Editor, to discuss value for money advertising foryour business.

ARTICLE DEADLINESAutumn - January 21 Winter - April 21Spring - July 21 Summer - October 21




http://www.rvahj.org.au

















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