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Justice of the Peace _Qualified_

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									                                www.justice.qld.gov.au/jps




Justices of the Peace Branch



Justice of the Peace (Qualified)




Sample examination questions 2009




                                    Sample examination questions 2009
                                          Justices of the Peace Branch
                                                            Page 1 of 4
Question 1
Faiza El Masri has come to you to have documents certified as true and correct copies. Both the
originals and the copies are written in Syrian. She explains that the documents relate to her family
situation and she wants to give the copies to her brother for safe keeping.

Can you certify these documents for Faiza? Explain your answer.

Question 2
Anjesca Popovoski has brought a letter of complaint from her neighbour to you. She is seeking
your advice as to how she should deal with matter. What would your response be to Anjesca?

Question 3
Nick James is in conflict with his sisters over the medical treatment of his father. He is alleging that
when his father signed his Advance Health Directive in your presence he did not have the capacity
to do so. The matter is before the Guardianship and Administration Tribunal (GAAT). How can you
assist GAAT with this investigation?

Question 4
As a Justice of the Peace (Qualified) for the State of Queensland, you have authority to sign a
range of documents.

Can you legally witness:
   a) a document to be registered within the legal system in Oslo (Norway)?
   b) a Commonwealth of Australia document to be used in the Supreme Court of South
      Australia?
   c) an affidavit to be lodged with the Supreme court in Melbourne?
   d) an affidavit to be lodged with the Toowoomba District Court?

Question 5
Constable Joseph Price comes to you to sign off on an Arrest Warrant for a Huria Hanita who is
charged with seriously assaulting her boyfriend. You are required to check through this application.
On what grounds are you able to refuse this warrant?

Question 6
 Charlton Marsden erred by pre-signing a document that required the signature to be witnessed by
a Justice of the Peace. He has crossed out the signature and has now come to you to witness him
signing the document. Can you do this? What actions do you need to take?

Question 7
 What do you consider to be three (3) important eligibility criteria to become a Justice of the Peace
(Qualified)?

Question 8
Your neighbour is a Justice of the Peace (Qualified). He confides in you that he charges his
deponents every time he witnesses a document. What would/should you do in this situation?

Question 9
In a family relationship, a person who is a child over the age of eighteen (18) may be named as an
aggrieved or respondent in a Protection Order Application under The Domestic and Family
Violence Protection Act 1989?

Is this statement:
    a) true or false?
    b) This Act outlines four (4) categories of Applicants. What are they?



                                                                            Sample examination questions 2009
                                                                                  Justices of the Peace Branch
                                                                                                    Page 2 of 4
Question 10
June Rogers has had a stroke and has great difficulty with her oral communication and limited
difficulty with her mobility. She, however, has not lost any of her capacity to reason and does
communicate via written text, albeit slowly. She visits you with her neighbour Eunice to have a will
witnessed.

Are you able to proceed with this witnessing? Provide an explanation for your answer.

Question 11
Senior Sergeant Beryl Alcock from your local police station rings you at 2.30 am. The police have
taken a juvenile indigenous boy into custody suspected of committing a crime. You are required to
be present so that an interview with the boy can take place. List what you consider your obligations
are on arrival at the police station and during the interview.

Question 12
John Littlejohn arrives to have a document witnessed by you. He explains that he had to get his
father to help him complete the document because he can neither read or write. Outline the steps
and precautions you would take in assisting John.

Question 13
What special steps would you take to administer an oath to a person of Islamic faith?

Question 14
For some documents to be witnessed correctly, it is imperative that you place the deponent on
oath or affirmation. From the list below, please circle those documents for which this should be
done.
    Justices Examination Order                              Will
    General Power of Attorney                               Certified Copies
    Enduring Power of Attorney                              Arrest Warrant
    Affidavit                                               Land Title Documents
    Search Warrant                                          Advance Health Directive
    Statutory Declaration                                   Complaint, Sworn and Summons

Question 15
Stavros Mavropoulos comes to you as a Justice of the Peace with his son, Stathi. Stavros has
decided he wants an Enduring Power of Attorney. As you begin your witnessing procedural
questioning, you realise that Stavros is constantly looking to his son who responds on his father’s
behalf.
   a) Describe what you would do in this circumstance?
   b) Why?
   c) Are there any referrals you should make?

Question 16
  a) What steps do you need to take when witnessing an affidavit?
  b) In what circumstances would an affidavit be used?

Question 17
Why is it not a good idea to have your registration number engraved on your seal of office?

Question 18
Constable Jason O’Neill has come to you with an application and a search warrant that he wants
signed. The warrant applies to possession of stolen property at premises in Rockhampton. After
checking ID and you begin to check the application, you notice that the premises are described as
“a property in Fitzroy Street” and that the application was signed by Senior Constable Nigel
Lamming.


                                                                          Sample examination questions 2009
                                                                                Justices of the Peace Branch
                                                                                                  Page 3 of 4
List what you consider to be wrong with this document and what you would do under the
circumstances?

Question 19
Josef Lipinski seeks your assistance to witness an application for a Justices Examination Order for
his daughter Marijka. Marijka was expelled from school because she was involved in a serious
physical assault on another student. She is thirteen years old.
    a) Would you support this application? Why?
    b) List the grounds for issuing a Justices Examination Order?

Question 20
An elderly deponent presents with a document she wants you to witness. She tells you this
document is a Statutory Declaration that she has written out. She did this on a plain piece of paper.
Is there anything you may need to do before witnessing this document for this deponent?

Question 21
Josh Blake comes to you and asks you to witness his affidavit. You advise Josh that you must
administer an oath or affirmation. He tells you he objects to doing either and it is his right not to do
so. What would you do in this situation?

Question 22
Simon comes to you wanting a Protection Order under the Domestic and Family Violence
Protection Act 1989 . He tells you that his friend Jeremy would assist him several times a week to
do housework and shopping as he had been unwell. This arrangement deteriorated when Jeremy
started to demand money, verbally abuse Simon and on a few occasions physically abused him.
Do you think that Simon has grounds for such an order? If you were to witness it, outline the
procedures you would follow.

Question 23
A lending institution has asked Jim Baker to have his mortgage documents witnessed by a Justice
of the Peace. He asks you to witness his documents. Jim explains that he had his wallet stolen and
that he had no photo identification available. The only documentation he has is the mortgage
document.
    a) Are you able to assist Jim at this point in time?
    b) If not, what assistance would you give Jim and what documentation would you require?




                                                                             Sample examination questions 2009
                                                                                   Justices of the Peace Branch
                                                                                                     Page 4 of 4

								
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