Notes from Meeting Tue 2 May 2017

posted May 2, 2017, 9:37 PM by Michael Rees   [ updated May 3, 2017, 4:31 PM ]

Tuesday 2 May 2017 at 2.30 pm in the Community Room opposite Gloria Jeans, Emerald Lakes
Present: Jenny, Rosa, Michael, Carol J, George, Bruce

Michael is thanked for these notes

Search warrants for bank records

Jenny saw the discussion of whether JPs can sign certain types of applications for Search Warrants in the QJA Journal (Volume 14 number 1, Q6). A fellow JP she was signing with was faced the next day with a Search Warrant application for bank records. Jointly they decided not to witness the warrant and the superior officer was subsequently contacted. That officer referred to the Qld Police Powers and Responsibilities Act 2000 and determined a JP could witness the warrant. This contradicts the answer from the QJA. Bruce will follow up with JP Branch.

JP Branch lost ID reminder email

On 4 April we received a reminder from JP Branch on how to proceed taking a Stat Dec when the declarant had lost all ID (perhaps in a flood). Michael reminded us that Tech Bulletin 01/13 reminds us to write the words 'Identification was not sighted' on the Stat Dec as well as recording this on our log books.

QJA E-newsletter for April 2017

Michael produced a short report highlighting the main information in the April 2017 newsletter from the QJA. It contains a link to a very useful summary document about the recent changes to the Qld Mental Health Act 2016.

Location on Family Law Documents

Maureen brought up an interesting case of a client not wishing the exact location to appear on an affidavit for the Family Law Court for fear of the spouse being aware of the exact location. After consideration the location was specified as 'Queensland'. This topic sparked intense discussion with the majority view being that the exact location should have been specified. More research is needed on this point.

External assessment invigilators

A message from the JP Branch alerted us to the QCAA calling for external assessment invigilators. This was noted.

Visual ID for women wearing clothing that covers the face

While not a requirement in Qld Bruce raised the issue of how to proceed when photo ID needs to be checked for a women wearing clothing that obscures the face. He will research this further.

Deponent who cannot understand wording of Stat Dec

This raised another lengthy discussion. The outcome was that a JP should refuse to witness a Stat Dec when the declarant was not able to read and understand the statement. If another person is present and claims to translate for the declarant that person should be asked to provide a Stat Dec to that effect to be kept by the JP. This in the absence of a certified interpreter being available.

Other Business

Look out for an upcoming workshop on Affidavits from the QJA.

Next meeting 6 June 2017 at 2.30 pm in the usual location