Aboriginal Legal Service of Western Australia Limited

Proposal for Two Tier JP Framework

This submission was in response to the proposal by the Department of the Attorney General (DotAG) of Western Australia (WA) to investigate the introduction of a ‘two tier’ framework for Justices of the Peace (JPs) in Western Australia (WA).

The submission demonstrates short comings by way of case studies and recommends that JPs only have administrative duties and responsibilities, and that judicial decision making be left to qualified Magistrates and Judges. ALSWA recommends that audio and video links be regularly used to enable Magistrates, rather than JPs, to hear and determine matters.

However, in the event that a two-tier system does occur, ALSWA recommends that judicial decision making be only available for second tier JPs who are subject to comprehensive, rigorous and ongoing training and evaluation including psychometric testing. In addition, such second tier JPs should only be put in place when a Magistrate from the region has specifically requested them.

Two Tier JP Framework – 101210.pdf (191.91Kb)

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