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Justices of the Peace and Commissioners for Oaths

 

Code of Conduct for Justices of the Peace in the Northern Territory

The Attorney-General and Minister for Justice has endorsed a Code of Conduct for Justices of the Peace in the Northern Territory.

The Code provides clear directions on acceptable standards of conduct for all Justices of the Peace. It also clarifies the standards of behaviour for any Justices of the Peace who may be uncertain of their obligations and will also be useful for members of the public who may be unsure of what to expect when seeking the services of Justices of the Peace.

Failure to comply with the Code may result in a review of the Justice of the Peace’s good character or whether there has been a failure to properly carry out the duties of office.

Finding a Justice of the Peace or Commissioner for Oaths.

Click here to view the database listing Justices of the Peace or Commissioners for Oaths by surname or region. Individuals can also be searched.

Who are Justices of the Peace and Commissioners for Oaths?

Justices of the Peace and Commissioners for Oaths are respected citizens who are entrusted by the community to take on special responsibilities.

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What are their responsibilities?

Justices of the Peace and Commissioners for Oaths perform a wide range of services including:

In addition to the above responsibilities, Justices of the Peace can sign warrants and summonses, and some hear certain matters in court.

 

What is the difference between a Commissioner for Oaths and a Justice of the Peace?

Both Commissioners for Oaths and Justices of the Peace can administer an oath, take an affidavit and attest to the execution of a document.

In addition to the above, Justices of the Peace may also issue documents for the Police such as a summons or warrant, and sit on the bench in the Court of Summary Jurisdiction.

The criteria for appointment as a Justice of the Peace are more stringent than for a Commissioner for Oaths. While both positions require persons of a good character, and a criminal history check is to be done, a Justice of the Peace applicant must also present for interview at a time suitable to both applicant and interviewing officer.

There must also be a community need for a Justice of the Peace and evidence of commitment to the Territory.

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Are they paid positions?

Both positions are honorary ones and they cannot accept any payment or donations for their services.

 

Who can become a Justice of the Peace or Commissioner for Oaths?

An applicant needs to be:

How can a person apply to be a Justice of the Peace?

Contact the Statutory Appointments Officer by telephone: (08) 8999 1809

or

Write to:
Clerk of the Peace
Northern Territory Department of the Attorney-General and Justice
GPO Box 1722
Darwin NT 0801

 

How can a person apply to be a Commissioner for Oaths?

Fill in an Application for Appointment following the guidelines provided in the attached Information and application pack - pdf | rtf 

Criminal History Check Application Form

Commissioner for Oaths Handbook “Notes for the Guidance of Commissioners for Oaths" pdf | rtf

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Update details on the Justice of the Peace and Commissioners for Oaths Database?

Justices of the Peace and Commissioners for Oaths must update their details on the Justices of the Peace and Commissioners for Oaths database by clicking on your name or notifying the Statutory Appointments Officer by email or letter of any of the following changes:

Justices of the Peace and Commissioners for Oaths must also notify the Statutory Appointments Officer of changes to all other personal details (such as your residential or postal address which are kept confidential).

All details should be updated within 28 days.

Database:    Click here to view the database

E-mail:         statutoryappointmentsoffice@nt.gov.au

Post to:       Statutory Appointments Officer
                   Northern Territory Department of the Attorney-General and Justice
                   GPO Box 1722
                   Darwin NT 0801

 

Where do I find a Statutory Declaration?

Statutory Declaration forms are available below in PDF and Word format.

 

Who can witness a Statutory Declaration?

A Statutory Declaration may be made (signed) before any person who has attained the age of 18 years (section 19(4) Oaths, Affidavits and Declarations Act).

It should be noted that a person who wilfully makes a false statement in a Statutory Declaration is guilty of a crime and liable to imprisonment for 3 years, or both (section 119 Criminal Code). Furthermore, a person who does anything to a declaration that results in it becoming false or misleading, is liable to a penalty of a fine or imprisonment, or both (section 27 Oaths, Affidavits and Declarations Act).

 

 

 

 

 

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