Thinking About Becoming a JP in NSW? Here’s What You’re Signing Up For

You have probably seen the letters “JP” after someone’s name or visited a library, pharmacy or community centre to have a document witnessed.

Becoming a Justice of the Peace in NSW is a practical way to serve the community, but it is more than simply signing and stamping documents. It is a voluntary role with important responsibilities.

What does a JP do?

A JP is appointed by the Governor of NSW. Their main functions include:

• witnessing statutory declarations and affidavits; and
• certifying copies of original documents.

People may need these services when dealing with government agencies, courts, banks, insurers, employers and superannuation providers.

JPs must follow the procedures contained in the NSW Government’s JP Handbook and comply with the JP Code of Conduct. They must act honestly, carefully and impartially.

It is more than signing a document

A JP must confirm that the relevant requirements have been met before witnessing or certifying a document. They also need to understand what they are authorised to do and be prepared to refuse requests that fall outside their role.

A JP does not determine whether a person’s statement is true or agree with what has been written. Their responsibility is to follow the correct witnessing procedure.

You do not need to be a lawyer

JPs come from many different occupations and backgrounds. You do not need legal qualifications to apply.

However, a JP cannot give legal advice, draft documents for members of the public or tell someone what to include in an affidavit or statutory declaration. Anyone needing advice about a document should speak with a lawyer.

A JP performs an authorised witnessing function. They are not acting as a solicitor.

Why become a JP?

JPs are volunteers. They cannot charge for their services or accept gifts for performing JP functions.

Most people become JPs because they want to assist their community. Having a JP available locally can make it easier for people to complete important legal and administrative tasks, particularly where access to services is limited.

A document may take only a few minutes to witness, but it could relate to someone’s employment, finances, family, property or court proceedings.

Who can become a JP in NSW?

New applicants generally need to:

• be at least 18 years old;
• be nominated by a NSW Member of Parliament;
• be an Australian citizen or entitled to vote in a NSW Legislative Assembly election;
• be a fit and proper person; and
• not be an undischarged bankrupt.

Applicants must also satisfy requirements concerning their circumstances and the need for the appointment.

Is there a test?

Before applying, new applicants must pass the JP Knowledge Test. It contains 20 multiple-choice questions about the responsibilities and functions of a JP.

The NSW Government’s JP Handbook contains the information needed to prepare, and there is no limit on the number of attempts.

Once appointed, a JP must take the Oaths of Office before a Magistrate or Local Court Registrar within four months. The appointment lasts for five years, and the Knowledge Test must be completed again when applying for reappointment.

Is becoming a JP worthwhile?

Becoming a JP may be worthwhile if you want to provide a genuine community service and are prepared to learn and consistently follow the rules.

Before applying, consider whether you are willing to:

• remain impartial;
• follow the correct procedures every time;
• stay familiar with current requirements;
• volunteer your time; and
• take responsibility for performing an official function.

You do not need to be a lawyer, politician or prominent community figure. You simply need to be willing to understand the role, follow the rules and assist people when they need it.