Page 3771 - Week 11 - Thursday, 24 November 2022
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nine pieces of justice-related legislation and includes an important amendment to the Evidence (Miscellaneous Provisions) Act relating to the giving of evidence by a witness in the courtroom during sexual, violent or family violence proceedings. All amendments contained in the bill are being made to improve the administration and operation of territory laws.
This bill amends the Justices of the Peace Act to allow a justice of the peace who has volunteered for 10 or more years to apply to the Commissioner for Fair Trading for authorisation to use the title of “JP (retired)”.
JPs play an important role in the ACT community by carrying out various legislative functions, such as administering oaths or affidavits, witnessing statutory declarations and taking affirmations. If a JP can no longer meet the significant responsibilities of their appointment, they may choose to relinquish their office.
However, for many, the “JP” title holds personal significance. Rightfully, it instils a sense of pride and accomplishment. By authorising the use of the JP (retired) title, we grant JPs who are ending their service with appropriate and enduring recognition of the time they have generously dedicated to our community.
While retired JPs will not be able to exercise the functions of a JP under the act, if they are authorised to use the JP (retired) title, they must continue to be of good character. This requirement will support the continued integrity of the Justice of the Peace Office. This amendment brings the ACT into line with New South Wales, South Australia and Victoria, which have also introduced the retirement title for JPs. This amendment, while minor and uncontroversial, is meaningful. It ensures that retiring justices of the peace are acknowledged for the valuable role they play in the ACT community.
This bill also makes amendments to the Land Titles Act and regulation relating to the documents used to verify an individual’s identity in certain land titles transactions. The bill rectifies a legislative inconsistency between the regulation and the rules, which allow some identity documents to be accepted at one stage of a land titles transaction but not accepted at another stage. For example, presently the rules allow an expired passport to be used to verify identity, but the regulation requires the passport to be current. This inconsistency impacts on the efficient completion of land titles transactions.
To reduce the potential for conflict, the bill amends the act to provide that the Registrar-General must accept any identity document which has been verified according to the rules. The rules reflect the commonwealth’s National Identity Proofing Guidelines and are considered best practice.
While these provisions may limit the right to privacy in section 12 of the Human Rights Act, I consider the limitation to be reasonable and proportionate, because the amendments reduce the number of times a person’s identity needs to be verified and therefore reduces the impact on the right to privacy.
Establishing confidence in a person’s identity is critical to delivering a range of government services. These amendments will help to support the effective operation of certain land transactions in the ACT.
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