Justices of the Peace Amendment Bill 2025

23 October 2025

I am pleased to briefly contribute to debate in support of the Justices of the Peace Amendment Bill 2025. From witnessing statutory declarations and affidavits to certifying copies of important documents, the work of local justices of the peace [JPs] helps to keep our legal and administrative processes accessible to the community. I know I speak on behalf of all members in this place when I offer my sincere thanks to every one of the nearly 66,000 volunteer justices of the peace across New South Wales. Their commitment and service make a real difference to people in every suburb, town and region across our State.

The bill strengthens that contribution by providing long-overdue legal certainty and protection for JPs. It does so by amending the Justices of the Peace Act 2002 to provide statutory protection from civil liability. It recognises that JPs perform their duties voluntarily, in good faith, and should not be placed at risk of legal action when they carry out their responsibilities properly and in accordance with the law. Specifically, schedule 1 [1] to the bill introduces new section 9B, which makes clear that a justice of the peace is not subject to any civil action, claim or demand for acts or omissions done in good faith in the exercise of their official functions or in the reasonable belief that they were exercising their official functions. This important protection not only brings New South Wales into line with other States and Territories but also reinforces the value we place on the voluntary service of JPs. It provides certainty for those who give up their time to serve their community, knowing they are shielded from liability if they act with honesty, care and in good faith. For communities like Liverpool, this change is particularly welcome.

I often hear from constituents who struggle to find available JP services, especially after hours or on weekends. By strengthening protections and providing that legal reassurance, we can help encourage more people to put up their hand to serve as a JP, knowing they will not be exposed to unnecessary legal risk if they do the right thing. Of course, the bill does not give JPs a free pass to act carelessly or dishonestly. Where acts are not done in good faith or where a JP acts outside the scope of their proper functions, legal remedies will still be available to those affected. That is the right balance of providing protections for volunteers who do the right thing, while preserving accountability where misconduct occurs. Importantly, this legislation does not remove the high standards expected of JPs. They remain subject to their code of conduct and must continue to act independently, impartially and with integrity.

I highlight that the legislation does not remove the high standards that are expected of justices of the peace. They remain subject to their code of conduct, and must continue to act independently, impartially and with integrity. They are required to keep their knowledge up to date and familiarise themselves with the Justice of the Peace Handbook each time they exercise their duties. Those obligations remain unchanged, because with the privilege of serving the community comes an ongoing responsibility to maintain trust and uphold professional standards. Justices of the peace are already much respected and trusted members of our community and the work they do is of great significance to community members at particularly significant points in their lives, whether supporting housing applications, citizenship applications, or a range of other forms of documentation, which, in some cases, can change the trajectory of a person's life. Justices of the peace serve an important function.

Before I conclude, I highlight the work of the volunteers at the Liverpool branch of the NSW Justices Association. They do an extraordinary amount of work connecting members of my community who may have never met a justice of the peace before but require their services with people who can provide those services in a timely fashion. They also ensure that the voluntary services provided by their members are broadly acknowledged by, and disseminated within, the community. I express my gratitude for the work of the volunteers at the Liverpool branch of the NSW Justices Association, because I have personally seen the value of what they do on a daily basis. I conclude by saying that this legislation is a practical, commonsense reform. I commend the bill to the House.