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ROYAL VICTORIAN ASSOCIATIONOF HONORARY JUSTICESACN 004 226 448
Address: 53 Broadway (PO Box 317), Elwood, 3184
Telephone: (03) 9525 7099 Facsimile (03) 9525 7765
Email: [email protected] Website: www.rvahj.org.au
CHIEF PATRON
Professor David de Kretser, AC
The Governor of Victoria
PATRON
Cr John So JP
The Lord Mayor of Melbourne
PRESIDENT
Rod McConnell JP (03) 9435 0573 [email protected]
0439 080 008
VICE PRESIDENT
Chris Reside (03) 9741 4521 [email protected]
COMPANY SECRETARY
Michael Tse [email protected]
ASSISTANT SECRETARY
Helen Gilhome 0401 338 176 [email protected]
IMMEDIATE PAST PRESIDENT
Gary Tragardh JP (03) 5967 1497 [email protected]
HONORARY TREASURER
Fred Kent JP
CUSTODES EDITOR
Erin Marcon 0424 434 198 [email protected]
COMMITTEES
Membership [email protected]
Merchandise [email protected]
Training [email protected]
DIRECTORS
Michael Cheshire JP (03) 5345 377 [email protected]
Mark D’Alterio JP (03) 5133 7832 [email protected]
Roger Isherwood OAM JP (03) 8361 0397 [email protected]
Linda Rainsford 0418 333 568 [email protected]
Chris Reside (03) 9741 4521 [email protected]
Laurie Taig JP (03) 9585 8244 [email protected]
Michael Tiliacos JP 0438 358 107 [email protected]
Ray Walker JP (03) 5497 1693 [email protected]
AUDITOR
CHN Herold Ross (Chartered Accountants)
ADMINISTRATION OFFICER
Cathy Owens JP (03) 9525 7099 [email protected]
EDITORIAL POLICYThe official journal of the Royal Victorian Association of Honorary Justices hasappeared, in various formats, since 1910. As is common practice in publications, thecurrent Custodes does not necessarily represent the views of the RVAHJ, since itencourages contributions from a wide cross-section of members and beyond. Articles
and letters are most welcome, but are subject to the discretion of the editor.
ADVERTISING OPPORTUNITIESAdvertising in Custodes reaches a statewide audience of influential community leadersand business professionals. Attractive advertising rates commencing at only $100 areavailable. Contact the Editor, Erin Marcon, to discuss value for money advertising foryour business.
CUSTODES DEADLINESAutumn - January 21 Winter - April 21 Spring - July 21 Summer - October 21
City & Northern
Mr Bob Williams JP
(B&H) 5427 3366
Dandenong
Mr Nigel Carter JP
(H) 9795 8798
Diamond Valley
Ms Danielle Sinclair
(B) 0414 784 323 (H) 9457 3831
Glen Waverley
Ms Heather Simmonds
(M) 0438 097 985
Maroondah
Mr Brian Ross-Soden
(H) 9874 7793
Monash
Mrs Kathy Foley JP
(M) 0411 028 658
Mornington Peninsula
Mr Alex Anderson JP
(H) 9787 7485 (M) 0438 897 091
Western Suburbs
Mr John Boles JP
(H) 9311 8931 (M) 0418 102 701
Wyndham
Mr George Quarrier JP
(H) 9369 2841
Ballarat
Mr Bob Coleman JP
(H) 5342 0941 (M) 0408 519 500
Benalla
Mr Stephen London JP
(H) 5762 3077
Bendigo
Mrs Helen Yorston JP
(H) 5442 8859
Buloke
Garry Larmour JP
(B&H) 5491 1647
Central Gippsland
Mr Don Ferguson JP
(B&H) 5127 1718
Geelong
Deema Johnston JP
(B&H) 5275 7099 (M) 0430 211 916
Gippsland East
Mr Chris Reside
(H)9741 4521
North East Vic
Ms Nancye Byrne JP
(H) 5722 3281
South Gippsland
Mr Ron Hateley JP
(B&H) 5956 9357
South West
Mr Craig Walsh JP
(M) 0421 006 209
Sunraysia
Mrs Jenny Bennett JP
(H) 5025 2757
Upper Murray
Carol Allen JP / Jane Mulloy JP
(02) 6076 2050 / (02) 6059 7691
Wimmera
Mrs Shirley Smith JP
(B&H) 5385 7491
Yarra Valley
Mrs Wendy Scott JP
(B&H) 5964 3740
BRANCH NETWORK
COUNTRY
CustodesCustodesTHE OFFICIAL JOURNAL OF THE ROYAL VICTORIAN ASSOCIATION OF HONORARY JUSTICES
The latest on the Association’s relationship
with the Department of Justice
Issue 2 of 2008
Do you fit the bill?The hunt for new Directors begins
Annual Dinner 2008ORDER YOUR TICKETS TODAY+
Diary Dates
Saturday 5 JulyJP 1 Training (Document Witnessing)
Saturday 26 July
JP2 Training (Independent Person for Policeinterviews, oversight search warrants, extension toquestioning time)
Wednesday 30 July
Closing date for applications to fill vacancies on theAssociation’s Board
Friday 22 AugustThe Association’s Annual Dinner
2
Annual Dinner 14
Audit Committee 8
Back on the soapbox 15
Booklets for BJ’s 8
Branch bulletins 10
Diary dates 2
DoJ complaints & allegations policy 15
Editorial 3
From the President’s desk 4
Grey Power 5
It’s an honour 10
Legal help for family violence 11
Member e-mail 9
Member planning day 7
Member survey 8
Merchandise form 13
RVAHJ Board 5-7
Voice of justice 12
We’ve got mail 12
Welcome to the RVAHJ 3
Index
Words of Wisdom
“It is impossible to begin to learn that which one thinks one already knows”
- Epictetus (55-135)
Custodes
The official journal of theRoyal Victorian Association of Honorary Justices
Issue 2 of 2008June
Credits
Managing Editor – Chris ResideEditor – Erin Marcon
Desktop Publisher – Cathy Owens JP
Contributors:George Armstrong JP Helen Gilhome Lindsay Hodge OAM JP
Rod McConnell JP Rod Pollack JP Heather SimmondsNeil Thornton JP
3
Editorial
New Members
President Rod McConnell JP has extended a warm
welcome to the Association’s most recent inductees.
Welcome to the RVAHJ
“On behalf of the Board and greater membership,” he said,“we couldn’t be more pleased to have you aboard.”
Subhan Ali JP ENDEAVOUR HILLSWendy Booth JP MILLGROVERoxanne Boughen JP LOWER TEMPLESTOWEAmber Byrnes JP RED CLIFFSPeter Cardwell JP WANGARATTADavid Clancey JP SOUTH YARRAChristopher Cook JP WATCHEMJames Corcoran JP HAMPTONBeverley Davis OAM JP CAMBERWELLIan Earle JP CRANBOURNE EASTChristine Ffrench JP ASPENDALERobert Glenn JP SPRINGVALE STHAndrew Groth JP MT WAVERLEYSusan Guice JP ROWVILLEKenneth Harris JP SOUTH MORANGMervyn Harris JP TEMPLESTOWEEdward Ho JP DONCASTER EASTJosip Hovanjec JP TAYLORS HILLVictoria Howitt JP SUNSHINE NTHBrett Keep PAKENHAMDonald Kelly JP LAKE GARDENSBernard Kingsley JP WARRAGULNathan Kopel JP TOORAKArthur Lammers JP MOUNT WAVERLEY
Kerry Mather JP CULGOAPatrick McCormack JP ORMONDJonathan Messer JP ST KILDAPeter Oswin JP WARRANWOODPaul Pearce JP SUNSHINE WESTDebretta Potter JP DROUINRonald Roberts JP ARARATJoan Rook JP HOPETOUNBarry Ryan JP MORWELLDenis Saunders JP KEILOR PARKPeter Saunders JP WHEELERS HILLRoss Seggie BENTLEIGH EASTMay Sennett JP MORWELLBarry Sertori JP ARARAT STHRosa Silva JP GREENVALEBeryl Stevens JP NEWBOROUGHHakki Suleyman JP ST ALBANSWalter Synot JP NEWTOWNRobert Templeton JP MILL PARKDavid Treloar JP MILDURACarol Trezise DROMANACraig Walsh JP WARRNAMBOOLWarren Wilkins JP SEBASTOPOLDavid Williams JP WANGARATTA EAST
This issue of Custodes finds the Association ina period of transition. A number of Directors havedeparted in recent months, including respectedstalwarts Gary Tragardh and Leo King.
The Association now has the daunting task ofseeking replacements possessing the same of kindof talent and determination. One factor firmly in theAssociation’s favour is that you (the members) havealready demonstrated enormous generosity of spiritin your roles as honorary justices. The question(somewhat cheekily) posed on the cover of thisedition of Custodes is, are you willing to do evenmore? Hop on over to page 6 for further details on theAssociation’s quest for a few good men and women.
It’s almost that time of year again. I attended myfirst RVAHJ dinner last year and I can recommend theevent without reservation. It’s a great opportunity tonetwork (and by network, I mean party) with yourcolleagues. This year’s event features anotheroutstanding guest speaker. Order your tickets using thehandy form on page 14. I hope to see you all there.
If you have any thoughts on this issue ofCustodes, or indeed on any matter relating to honoraryjustices, please drop me a line [email protected].
Erin MarconEditor
4
From the President’s desk…
I am pleased to advise of the Board’s decision toappoint Ms Linda Rainsford to fill a casual vacancy onthe Board. Linda’s enthusiasm, together with hercomputer skills and her continuance as our webmasterwill be an asset from which we will allbenefit.
An important event not mentionedin the March edition of Custodes was thesigning on 19 February 2008 of aMemorandum of Understanding betweenthe Association and State Trustees Ltd.The agreement was the product ofnegotiations involving Angela Burton(Attoneyships Manager with StateTrustees Ltd), Gary Tragardh (theAssociation’s Immediate Past President)and myself. The agreement will providethe Association with generous funding forthree years in return for the coordinating the servicesfrom honorary justices specifically trained by theAssociation in matters relating to powers of attorneyand wills.
Immediate Past President, Gary Tragardh’sresignation as a Director was reluctantly accepted atthe Associations AGM last month. His greatlyincreased business and private affairs have made itimpossible for Gary to continue as a Director; aposition he served in with enthusiasm and genuinededication over a long period.
Regrettably, our long serving Secretary andDirector Leo King also decided it was time that hemoved on and has resigned from both positions. TheBoard was aware of Leo’s decision for some timebefore it came into effect, but we will not lose Leo’swide-ranging expertise altogether as he will continue inthe training role in which he excels and clearly enjoys.
As a consequence of Leo’s and Gary’sresignations, the Board has decided to invitenominations to fill casual vacancies, so as to bring thenumber of sitting directors up to eleven. (Ourconstitution provides for a minimum of nine directors).Interested members should see the article in thisedition of Custodes. Applications close 31 July 2008.
On a happier note, I am pleased to advise of theBoard’s appointment of Siu Cheung (Michael) Tse JP tothe position of Company Secretary. Michael is aLecturer in Accounting at the School of Accounting,Economics and Finance at Deakin University and hasall the necessary qualifications to fill this important andresponsible position. He will be a boon for our
organisation with a brief focusing primarily on ensuringour compliance with statutory rules and regulations.Michael has been appointed for an initial 12-15 monthperiod to give him the opportunity to settle into the role,
following which the board will review theposition in full consultation with Michael.
Members should also be aware that HelenGilhome has been appointed as AssistantSecretary and will, amongst other duties,focus on all office administrative matters,and work closely with our administrativeofficer, Cathy Owens.
It is encouraging to note that the onceharmonious relationship between theAssociation and the Department of Justice(DOJ) appears to be well on the road tobeing restored. Clear and open
communications with the recently appointed Managerof the Honorary Justice Office, Tracey Watson, havepaved the way for a constructive and meaningfuldialogue on issues of joint concern.
Director Michael Tiliacos and the Chairman ofDiamond Valley Branch, Cliff Fisher represented theAssociation at the inaugural meeting of the DOJ JPReference Group (JPRG) on 17 March 2008. Similar innature and composition to the Bail Justice ReferenceGroup, the aim of the JPRG is to create lines ofcommunication between JPs and the DOJ, so issuescan be addressed and ideas and initiatives openlydiscussed.
As reported in the April E-News , Supreme CourtJustice Lex Lasry QC has accepted our invitation toattend and speak at our Annual Dinner on Friday 22August 2008. Prior to his elevation to the bench of theSupreme Court in October last year, Justice Lasry waswell known as one of Melbourne’s most experiencedcriminal defence lawyers and a staunch advocate forhuman rights and civil liberties. Some of the high profilecases in which Lex Lasry QC was involved were thoseof Van Nguyen, David Hicks and several of the ‘Bali 9’.Justice Lasry will be a powerful and entertaining guestspeaker. For details, see the Annual Dinner notice inthis edition of Custodes.
In closing I remind you that all financial membersare not only welcome, but are encouraged to take upthe open invitation to attend and observe boardmeetings.
Rod McConnell JPPresident
5
Linda Rainsford joins the board
Ringwood East based Justice of the Peace,Linda Rainsford has been appointed to theAssociation’s Board to fill a casual vacancy. Linda is aproud single parent of three adult girls and currentlyworks for the Disability Services Commissioner as anExecutive SupportOfficer. In a busy life,Linda is also theAssociation’s webmaster.
In welcomingLinda to the Board,President, RodMcConnell said “Lindawill bring a great dealof knowledge and afresh perspective tothe Board. I lookforward to seeing hermake her mark on theAssociation as sheassumes the directorsrole”.
Linda hasworked in the health and disability sector throughouther career. “I find it challenging but extremelyrewarding,” she said. Her previousemployment was with the MentalHealth Review Board of Victoria.
Linda was raised in a rural areain the Goulburn Valley where herparents and siblings still live. She nowresides in Ringwood East and hasdone so for the past 25 years.
Appointed as a Bail Justice in2006, Linda joined the IndependentThird Person Program with the Office ofthe Public Advocate in 2002.
Linda loves technology andantiques. “I am not sure theycomplement each other,” she said,“however it is important to me thatthings in our past are preserved for thefuture, even if it is to look at objectsfrom the past and say thank goodnesswe have progressed.”
“The technology part has beenboth occupational and a hobby.”
Linda is also the Association’sweb master. “I am looking forward togiving it a refreshing new look,” shesaid.
When asked to nominate whatshe aimed to achieve during her timeon the Board, Linda mused “I have a
Linda visits the coliseum during her 2007 trip to Rome.
Grey PowerA poem by George Armstrong JP
Of youthful years and sprightly step and heart afire with passion,I had this great enduring wish to keep up with the fashion,
I met a friend, a lovely friend with looks so sleek, attractive,We formed a close knit partnership, a relationship quite active,
We fell in love, as it would seem, while others lives were casting,We formed a bond and it would be unique and everlasting,
I introduced her to our farm where no one dare disparage,
But for all our close affection, we could not consider marriage,
We’ve tilled the soil and sewn the crop in many kinds of weather,And despite the pains of droughts and rains, we’ve done it all together,
We’ve known the thrust of youthful lust, or strength and power and vigour,But through the years of doubts and fears we’ve sensed a taste of rigour,
Now times have changed and years have passed but our age is not afactor,
For the one I’ve spent my whole life with is my old grey Fergie tractor.
favourite quote from Sara Henderson which tends tosum up this answer: ‘Don’t wait for the light to appear atthe end of the tunnel... stride down there and light thebloody thing yourself.’ I guess what I am trying to sayis that you have to be involved to make a difference andI hope that I am able to make a worthwhile contribution
and add myperspective to theBoard.”
Linda’s vision forthe Association is topromote accessibilityand dissemination ofinformation to honoaryjustices. “Already Isee advancementssuch as theresurgence of E-News
that promotesinformation sharing”.
Linda may becontacted [email protected] or
on 0418 333 568.
6
Positions Vacant
Members with suitable experience or skills areinvited to nominate for appointment as a Director onthe Association’s Board. “The Board has decided toinvite nominations to fill casual vacancies so as tobring the number of Directors up to eleven,” saidPresident Rod McConnell.
So what does the role entail? First of all, thisis a ‘hands on’ position. Directors must attend allboard meetings (currently every second month), serveon subcommittees, and liaise with branches andmembers, whilst also assuming responsibility forindividual assignments. This is in addition to theDirector’s primary responsibility for the overallgovernance of the Association, including financialmanagement, communications, strategic planningand policy setting.
The Directors’ role can be extremely rewardingand will give you the opportunity to shape the futureof your Association. However, it can also be timedemanding, challenging and occasionally quitestressful. It is definitely not a glamorous orprestigious board appointment. The position ishonorary and unpaid. It is a demanding role anddirectors are expected to work.
Still interested in applying? Members interestedin appointment to the Board are invited to email aconcise application (in confidence) to Chris Reside,RVAHJ Vice President by 30 July 2008 [email protected].
Applications should clearly explain why youwant to join the board and what you would ‘bring tothe table’.
In particular, applications should address eachof the following:
• professional and community serviceexperience
• previous board experience with incorporatedassociations or companies
• qualifications• skills (including computer literacy)• your time availability to attend meetings and
assume director’s responsibilities• what you think you would ‘bring to the board’• your reasons for applying• your vision for the Association• the name and telephone number of two
referees
Country and regional members are welcome toapply as Board meetings may be attended via webconferencing (currently Skype). This adds to theimportance of computer literacy skills and readyaccess to the internet and email. You will beexpected to attend Melbourne meetings onoccasions however.
Selection process: Applicants will be shortlisted and may be invited to an interview withdirectors during early August 2008. In determiningany appointments, the board will be looking tocomplement existing board skills, whilst alsoplanning for the ongoing governance of theAssociation.
To discuss the role in-confidence, feel free tocontact Chris Reside, RVAHJ Vice President on (h)03 9741 4521 (b) 0403 952 387 [email protected]. Applications close 30 July
2008.
“An opportunity to shapethe future of the RVAHJ”
DO YOU FIT
THE BILL?
7
The (Leo) King has abdicated
Long term Association Secretary,Leo King has finally hung up his pen,by resigning as a director, secretaryand public officer of the Association.
Leo’s contribution to theAssociation has been remarkable andis reflected in him being awarded lifemembership in 2004. Leo was electedto the Board in 1995 and was appointedAssociation secretary in July 1999. Hehas served on the training committee,ethics and rules committee,membership, awards, financecommittee and facilities committee.
He was also the driving forcebehind the Association’s Bail JusticeElectronic Callout System, database
system and current website. Leo wrote innumerablesubmissions on behalf of the Association and was anunflinching advocate for the independence of honoraryjustices.
Association Director Mark D’Alterio perhaps bestsummed up Leo’s contribution, saying “Whilst we havethanked Leo in a number of ways through our awards
system, sometimes we just don’t havethe processes in place to fullyrecognise the value of the input fromsome of our members. It has been aprivilege and an honour to work withthat ‘pig headed so and so, Leo’ and heis leaving some big shoes to fill. I wishLeo all the best in his new endeavoursand heartily thank him for his greatwork and ideas as well as his insightsand assistance that he has given mepersonally in my roles in theAssociation”. On behalf of allAssociation members, the Boardthanks Leo for his contribution andwishes him well in future endeavours.
Leo will continue to have a focal role in theAssociation’s in-service training program.
“Leo’s contribution to theAssociation has been remarkable”
“an unflinching advocate for theindependence of honorary justices”
“he is leaving some big shoes to fill”
RVAHJ planning day for members
A planning day for all RVAHJ members will be heldon Sunday 14 September 2008 to plan the future of theAssociation. Together with the results of the currentmembership satisfaction survey, the 2008 planning daywill inform our RVAHJ’s corporate plan for the next three tofive years.
Start: Registration and coffee from 10.15am for a10.30am sharp commencement.
Venue: Royal Melbourne Hospital (Charles LatrobeTheatre)
Access: Tram or discounted car parking available inthe hospital car park
RSVP: In writing, by Friday 29 August to CathyOwens at the RVAHJ officeFax: (03) 9525 7765 or [email protected]
Bring your passion and open mind, and be preparedfor a day of rewarding work and challenges!
8
The Association has established an Internal AuditCommittee (IAC). President Rod McConnell said “The IACwill be an important plank in the Association’s goodgovernance strategy by providing strong and independentoversight of the entire organisation, including the RVAHJboard, Association operations and Branch administration.”
The IAC will bechaired by AssociationDirector Michael Tiliacosand will comprise at leastfour other RVAHJ members(who cannot be boardmembers). External expertsmay be co-opted to the IACas required.
“All IAC membersmust have the necessary skills and/or experience tocontribute to the role, whilst also being prepared to attendmeetings and complete some hands-on IAC work,”Michael emphasised.
“The IAC’s broad assignment includes reviewing allfinancial and non-financial systems and encompassesindependent oversight of our financial reporting systemsand risk management” said Michael
“It is about ensuring that the Association and itsBranches comply with all relevant laws, regulations,
RVAHJ rules, and bestpractice.”
The IAC’s focus will notbe on finding errors andlaying blame but rather onhelping the Association andits Branches to continuallyimprove the way we dobusiness.
A copy of the IAC’sTerms of Reference is available on the Association’swebsite. Members interested in serving on the IAC areinvited to contact Michael Tiliacos on 9459 0665 (AH) oremail [email protected] to discuss potentialappointment.
The Association has commenced a membershipsatisfaction survey as an initial step in developing acorporate plan.
During late May 2008, an eight page questionnairewas posted to 300 members chosen at random from theAssociation data base. The questionnaire covers allaspects of the Association’s work, including current andfuture services, communication with members,membership fees and member engagement. The resultsof the survey will inform development of the corporate planand ensure the Association remains relevant to members’needs.
Audit Committee established
“The IAC will be an important plank inthe Association’s good governance
strategy”
Member satisfaction survey
As part of the corporate planning process, aplanning day for members will be held in September 2008.Overall aims of the corporate plan include:
• producing a concise page plan which sets anagreed direction for the Association for the nextthree to five years
• establishing four or five priorities to focus upon• better targeting where we allocate limited
volunteer and paid resources• establishing a simple ongoing corporate planning
mechanism• engaging members and establishing a
transparent and inclusive planning process.
Booklets containing conveniently pre-printedRecord of Hearing forms are now available from theAssociation. Two booklets have been produced; onefor bail remand hearings and a second for IAOhearings.
Booklets for BJ’s
Booklets are priced at $12.95 and contain50 blank record sheets. This represents excellentvalue for money! To order, see the merchandiseorder form in this edition of Custodes.
9
Are you keeping up to date?
A benefit of your Association membership is alifetime email address (e.g. [email protected]). TheRVAHJ established initial default passwords for everymember based on your unique JP or BJ registrationnumber. However, it is important that you change thisdefault password by setting a new password which isknown only to you. When deciding on a new password,use a combination of letters, numbers, and other specialcharacters. Also, keep in mind that passwords are casesensitive, so an ‘A’ is not the same as an ‘a’.
If you ever forget your password, please contactCathy Owens in the Administration Office on (03) 95257099 or at [email protected] for assistance.
Choose a secure RVAHJ
password
Step How to forward your RVAHJ email to another address
1. Visit www.rvahj.com.au
2. Click ‘members area’
3. Click ‘web mail’
4. Enter your user name. (Your user name is theletters ‘jp’ or ‘bj’ followed by your registrationnumber e.g. ‘jp123456’)
5. Enter your password. (Your default password isyour registration number followed by the letter ‘jp’
or ‘bj’ e.g. ‘1234565jp’)
6. Click ‘options’
7. Click ‘Mail forwarding options’
8. Enter your regular email address in the yellow box
(This is the email address to which your email willbe forwarded)
9. Do not click ‘save a local copy’ unless you intendto regularly read your email by visiting the RVAHJ
website
10. Click ‘submit’
11. Click ‘sign out’
Step How to change your RVAHJ password
1. Visit www.rvahj.com.au
2. Click ‘members area’
4. Enter your user name. (Your user name is theletter ‘jp’ or ‘bj’ followed by your registrationnumber e.g. ‘jp123456’)
3. Click ‘webmail’
5. Enter your password. (Your default password isyour registration number followed by the letter ‘jp’or ‘bj’ e.g. ‘jp123456’)
6. Click ‘options’
7. Click ‘change password’
8. Enter your current and new passwords whereindicated
9. Click ‘change password’
10. Click ‘sign out’
E-News is an occasional newsletter emailed toall members at their unique RVAHJ address ([email protected] ). If you would consider it moreconvenient, you can easily arrange for all of the emailsreceived at your RVAHJ address to be forwarded to onthe personal or work email address of your choice. Forinstructions, see below.
Thank you to all those members whoresponded to our recent mail outs, i.e. confirmingyour contact details, confirming availability for theState Trustees call out system and the memberssurvey.
A big thank you
Your input is vital to the progress of ongoingprojects and we appreciate your prompt responses.
Please forward any further information updates as
soon as possible.
10
Joint meeting a hit for Wimmera and Buloke
The combinedmeeting of Wimmera andBuloke branches atStawell on 8 May wasmost successful. Snr SgtPaul Margetts, OIC ofStawell Police Stationaddressed the meetingregarding the structure ofthe State EmergencyServices, particularly inrelation to the recentGrampian fires.
Twenty-onemembers were inattendance (though onerascal escaped in time toavoid being photographed).Lovely food and intriguing
Branch Bulletins
Wimmera and Buloke memberscommemorate their joint meeting
The two Total Fire Ban days March 15th and 16th
did not deter from the enjoyment, sociality andsuccessfulness of the training days for JP’s and BJ’sconducted in Horsham.
The recently formed Wimmera Branch memberswere thrilled at the attendance of members from far andwide, especially the Buloke members.
37 attended on Saturday and 18 on Sunday. Thevenue “The CFA Station” was an ideal location for our 2days, being both air conditioned and modern. The ladiesauxiliary of the CFA are to be commended for theircatering prowess.
During the morning session on the Saturday,Director Ray Walker presented Mrs. Shirley Smith witha certificate of appreciation, for her outstandingcontribution to the RVAHJ in her duties as secretary ofboth Buloke and Wimmera branches. Shirley’s effortswere the contributing factor in making our training daysso successful.
Leo King, our tutor, was his usual bubbly,humorous self, and his style contributed to the
pleasantness of the learning process – which was whatwe were all there for.
Unfortunately, the Total Fire Ban days didpreclude some of our members from attending, as theybeing also CFA members, felt obliged to remain in theirrespected districts in case of a dreadful event.
At the conclusion of the sessions, and followingChairman Neil’s congratulatory remarks to theorganizers and the RVAHJ, Mr George Armstrong JP ofMurtoa, provided a recitation of a poem, relating to thepositives and negatives of a country JP. Hisprofessionalism, flair and ability certainly concluded awonderful weekend which was enjoyed by all.
Our Branch meetings are certainly important toall, in promoting education, togetherness and creatingnew friendships one with another – I stronglyrecommend all JP’s & BJ’s to consider becoming amember of a Branch.
Neil ThorntonChairmanWimmera Branch
Training days held in Horsham
Congratulations to the following members who, this year, were recognised within the Order of Australia:
Donald Thomas Thompson OAM JP ROCHESTER
Dein Vindigni OAM JP LALOR
It’s an honour!
topics promotedcamaraderie among themembers, their partnersand special guests. Manynew friendships have beenestablished.
Director RayWalker also addressed themeeting and we wereespecially pleased towelcome Justices of thePeace of only 6 monthsstanding to the ranks.Such was the success ofthe collective meeting, thetwo Branches are nowplanning an annual get
together.
Newswire
11
Victims of family violence in Broadmeadows nowhave dedicated legal assistance as a result of a newfamily violence program at the community legal centre,Deputy Premier and Attorney-General Rob Hulls hasannounced.
The Broadmeadows Community Legal Service(CLS) is one of a network of centres across the state toreceive Brumby Government funding through VictoriaLegal Aid for dedicated family violence lawyers. “Thisfunding has allowed the Broadmeadows CLS toestablish a family violence program and the lawyerswho are working in the program support those who areapplying for family violence intervention orders byproviding legal advice, court representation and otherassistance,” Mr Hulls said.
The statewide family violence Community LegalCentre initiative was funded in the 2007/08 StateBudget. The Brumby Government made a furthercommitment of $24.7 million in the 2008/09 Budgetaimed at breaking the cycle of abuse by stopping
family violence before it happens and extending supportfor victims. “Family violence is the leading contributor todeath, disability and illness in Victorian women aged 15to 45,” Mr Hulls said.
Later this year the Government will introduce anew Family Violence Bill to better protect victims offamily violence and hold perpetrators to account for theiractions. Key elements of the proposed new Bill includemaking it easier for victims of family violence to remainin the family home with their children while theperpetrator may be required to leave, and ensuring thatself-represented perpetrators cannot personally cross-examine their victims in court. “These changes will helpensure that victims of violence are not further distressedby being forced from their homes, often uprootingchildren from their friends and schools,” Mr Hulls said.
“In the past family violence has been seen as adomestic matter. It’s not – it’s a blight on ourcommunity, which has a devastating impact on victimsand families.”
Legal help for victims of family violence
It has been brought to our attention that therehave been several instances in recent years where aJustice of the Peace has been approached by VictoriaPolice to conduct a hearing to consider an InterimAccommodation Order. Following consultation withChildren’s Court Senior Magistrate, Peter Power, hisHonour requested that JPs be reminded that:(1) only Bail Justices are empowered to make
remand orders and interim accommodationorders; and
(2) if a JP was to make an order he or she was notlegally entitled to make, a question arises as towhether that JP might be held liable in damagesfor acting outside his or her powers if anaggrieved party was subsequently to take legalproceedings.
The second issue arises because arguably theprotection afforded by s.119 of the Magistrates’ CourtAct 1989 does not apply to a JP in the situation wherea JP purports to conduct a hearing. That sectionprovides: “A justice of the peace has, in theperformance of his or her duties as a justice of thepeace, the same protection and immunity as a Judge ofthe Supreme Court has in the performance of his or herduties as a Judge.” The key words are “in theperformance of his or her duties as a justice of thepeace”. A JP purporting to act as a BJ is notperforming “his or her duties as a JP”.
There is a relevant decision of the NSW SupremeCourt, in which a person purporting to act judicially andwho had acted outside his powers (such as a JPconducting a hearing) was held liable in damages.
Justices of the Peace cannot conduct hearings
We are aware that in recent months, the RVAHJemail system has been the victim of an incredibleamount of spam.
SPAM & your email
We are currently working with our IT expert toovercome this problem.
12
The voice of justice
Supreme Court Judge, Justice Lex Lasry QC will bethe guest speaker at the Association’s Annual Dinner onFriday 22 August 2008.
Justice Lasry QC will be a remarkable guestspeaker. Prior to his elevation to the Supreme Court inOctober 2007, he was one ofAustralia’s most experiencedcriminal defence lawyers anda staunch advocate for humanrights and civil liberties.
The breadth of hiscareer includes the famousCostigan Royal Commissioninto the Painters and Dockers Federation, being anindependent Law Council of Australia observer at the
Guantanamo Bay trial of David Hicks, the defence of VanNguyen and several of the ‘Bali 9’.
Come and join your fellow honorary justices (andguests) for a night of fellowship and hear from one ofAustralia’s great legal personalities. A very enjoyable night
out is assured.The Annual Dinner will be
held at the Treacy ConferenceCentre, 126 The Avenue,Parkville, commencing at6.30 pm. To order single ormultiple tickets, see theAnnual Dinner 2008 notice in
this edition of Custodes. Ticket applications will be
accepted until 25 July 2008 unless sold out sooner.
Dear Chris,
I read with interest your “Back on the Soapbox”article (Custodes March 2008) and considered the role ofcomplaint in its various forms. To me, greater emphasis ongovernance is being focussed on all areas of organisational/ corporate compliance by Government and all non-profitbodies / associations. The Association has its ownmagazine to voice and communicate its views and keyinteractions particularly with the Department of Justice.The latter is a key stakeholder interested in involvement,administrative process and outcomes.
The work and commitment of a volunteerorganisation is difficult and the progress outlined by thePresident is indicative of endeavouring to position the
“hear from one of Australia’s greatlegal personalities”
We’ve got mail
Association for the future level of involvement. Changemust be accompanied through channelled communicationto achieve higher and agreed levels of professionalism,surely the objective of all. As I would see it, an agreedprocess of complaint resolution, a code of conduct (generaland / or specific) together with a visible email channel ofcommunication (coupled with Custodes) may be importantdevices to facilitate the administrative requirements of bothparties. Challenges like those identified occur when therespective representational value of an organization occurs.
Yours sincerely,
Rod Pollack JP
Strathmore
A report has been received from one of ourmembers, who attends on roster at the Probate Court,that is a timely reminder to us all.
Affidavits were presented to the Honorary Justicefor swearing and, on enquiry, the Justice discoveredthat the person presenting the documents was not theperson named as the Deponent but was instead, acourier.
When the JP explained that the documents hadto be sworn (or affirmed) by the person named as thedeponent on the affidavits , otherwise he was liable to acharge of perjury, the courier was horrified.
What became clear in the conversation was thatthis was not the first time the courier had been hired by
A report from court
the deponent to ‘deliver’ such documents for ‘witnessing’and yet this was the first time anyone had asked thequestion.
As anyone who has attended RVAHJ training willknow, witnessing Statutory Declarations and receivingAffidavits is not just a matter of watching someone sign,although this is often all that the person with thedocuments expects. With Statutory Declarations, thedeclarant must verbally declare that (1) they are theperson named, (2) that they have signed with theirsignature and (3) that the contents are true.
Similarly, with an Affidavit, the deponent must
swear or affirm, verbally, to the same three things.
13
Sale! Sale! Sale!Ladies Scarves now just $10!
14
Members and friends are cordially invited to attend the popular
Royal Victorian Association of Honorary Justice’s
Annual Dinner 2008Friday 22 August 2008
6.30pm for 7.00 pm(canapes & pre-dinner drinks)
Special guest speaker
Justice Lex Lasry QCSupreme Court Judge and prominent human rights advocate
The event will take place at the Treacy Conference Centre
126 The Avenue, Parkville (Melways Ref: 29 F12)
Dress code: Lounge suit / after five
RSVP: 25 July 2008 (or until sold out!)
Back on the soapbox...
15
My very old girlfriend is turning 100
I’ve got an old girlfriend you probably know quitewell. She is a sprightly 98 years old and looks set to turna healthy century in 2010.
Quite an achievement for any ol’ girl, particularly asshe is still as spirited (some would say obstinate) andactive as the day she set foot on this earth. She has hadmany faces over her time and evolved with the trends andfashions of each passing decade. She lived through bothworld wars, the White Australia policy, mass immigration,changing state and federal governments, the recessionand economic boom, the hanging of Ned Kelly, the flowerpower sixties, the relentless onset of the computer age,and now, at 98, she plans for an even brighter future.
Who is this ol’ girl? It’s the Royal VictorianAssociation of Honorary Justices.
It’s hard to believe isn’t it? This crusty oldorganisation has been advocating for honorary justices fornigh on a century. Yes, it been through some good timesand hard times; it has made some necessary (andsometimes unpopular decisions), but it has survived. Asmembers, directors and even presidents have come andgone, the Association has held steady, gently flexing withthe times and adapting.
It’s interesting to reflect on the history of theAssociation. On 6 October 1909, three gentlemen,Messrs D. Buzlock, J.W. Clarebrough and J. Rowanissued a circular inviting their brother justices to meet at
the Vienna Café in Melbourne’s central business district,to discuss the advisability of forming an Association ofJustices of the Peace.
Thirteen Justices of the Peace attended thisgathering, and whilst small in number, they showedearnestness and enthusiasm, and resolved that aprovisional committee of nine should be appointed toapproach the whole of the Justices of the State, explainingthe aims and objects of the Association, and inviting themto send in their names as members.
The response to this second circular was extremelypositive and nearly 344 gentlemen holding His Majesty’scommission appear on its members’ roll. This wasconsidered a very gratifying result in so short a period andthe fledgling council fully anticipated that before the end ofthat year the roll would contain 500 names.
The following year saw the inaugural meeting of theHonorary Justices Association of Victoria at theMelbourne Town Hall.
Reaching 100 years is a remarkable achievementfor any organisation, one we should all celebrate and beproud of. Our Association has comprised thousands ofhonorary justices from all walks of life. We have served ourcommunities and maintained our professional standards.Yes, we’ve had strong disagreements over that time, butwe’ve also shared understanding, fellowship andcommitment to honorary service.
Turning 100 is worth making a fuss. Get ready topop a cork for the ol’ girl and get involved with thecelebrations!
I’ll get off my soap box now…
Chris ResideManaging Editor
The Association has provided initial feedback tothe Department of Justice (DOJ) about its HonoraryJustice Complaints and Allegations Policy. Whilstwelcoming the opportunity to comment on the policy,the Association felt the document needed more work toovercome a number of significant deficiencies.
The Association was particularly concerned withthe apparent denial of natural justice inherent within theproposed investigation process, its lack of transparencyand the insufficient consultation with honorary justices(particularly Justices of the Peace) in developing thepolicy.
The intent of the policy is commendable, asVictoria does need a clearly documented process toensure complaints and allegations against honoraryjustices can be thoroughly and expeditiously
investigated. This will help raise pubic confidence inhonorary justices by providing a transparent complaintand investigation process and also help to maintain ahigh standard of conduct amongst all honorary justices.
However the complaints and allegations processmust also reflect the independence of the honoraryjustices role and accord natural justice. A singleauthority should not have the power to both investigateand determine the outcome of an alleged incident.
Complaints and allegations policy
“A single authority should not have
the power to both investigate anddetermine”