Justices of the Peace exist in every State and the two main Territories although, as they are regulated by State or Territory laws, their powers vary.
In all places, Justices of the Peace can witness a range of documents including statutory declarations and affidavits and can certify true copies. In some States and Territories, JPs can conduct bail hearings, authorise various warrants and sit on the Magistrates Court bench.
JPs are also recognised by federal laws. For example, the Customs (Detention and Search) Act 1990 provides that a JP may determine whether a person may be (externally) searched by Customs where the person has not consented to a Customs request.
JPs hold office in an honorary capacity and, while some States require training, they are not generally lawyers.
The origin of Justices of the Peace is traced back to 1195 when Richard the Lionheart commissioned certain knights to preserve the peace in unruly areas. They were responsible to the king for ensuring that the law was upheld and were known as custodes pacis (keepers of the peace).
The title, Justice of the Peace, derives from 1361 in the reign of Edward III, making the legal office one of the oldest in the common law system.
Justices of the Peace were recognised in Australian colonies in 1788. As well as witnessing documents in their own State, JPs are frequently used for witnessing interstate documents and some international documents.
Royal Victorian Association of Honorary Justices home page