A WA parliamentary question seeks information on the relationship between Justices of the Peace and WA Police, specifically regarding potential conflicts of interest. The Attorney General provides answers regarding numbers, policies, and procedures.

AnsweredQoN 79Legislative Council
Asked
25 February 2008
Portfolio
minister representing the Attorney General

QuestionView source ↗

JUSTICES OF THE PEACES — RELATIONSHIP WITH WESTERN AUSTRALIA POLICE
I refer to the appointment of justices of the peace in Western Australia and their relationship with Western Australia Police. (1) How many justices of the peace are — (a) current members of the WA Police; and (b) former members of the WA Police? (2) What measures are taken to ensure that these justices of the peace are not unduly influenced, either directly or indirectly, by the WA Police when undertaking their duties under the Criminal Investigation Act 2006 and related acts? (3) What policies and procedures does the Attorney General have to address any matter of conflict of interest that might arise in the performance of their duties? Hon SUE ELLERY

AnswerView source ↗

I thank the honourable member for some notice of this question. (1) (a) The Department of the Attorney General is aware of only one justice of the peace who is a current serving member of the Western Australia Police. This person is aware of his responsibilities in refraining from performing JP duties while he has returned to WAPOL for a short-term period of employment. (b) DOTAG does not keep statistics on the employment of former JPs. Current policy regarding new appointees is that former WAPOL officers may be appointed for a minimum of two years after retirement. Such candidates must also preside in an area not associated with their last posting as a police officer. (2) The initial training for all JPs includes the importance of maintaining judicial independence when dealing with any matter brought before them. This responsibility is reinforced through ongoing training available through DOTAG and the Royal Association of Justices of WA. (3) Any instance of suspected misconduct in relation to a conflict of interest by a JP may be reported to the Attorney General, DOTAG or any member of the judiciary. In the appropriate circumstances, such matters may be referred to the Corruption and Crime Commission or the police public sector investigation unit. Such action could result in a JP being either removed from office or charged with a criminal offence.
(1) How many justices of the peace are — (a) current members of the WA Police; and (b) former members of the WA Police? (2) What measures are taken to ensure that these justices of the peace are not unduly influenced, either directly or indirectly, by the WA Police when undertaking their duties under the Criminal Investigation Act 2006 and related acts? (3) What policies and procedures does the Attorney General have to address any matter of conflict of interest that might arise in the performance of their duties? Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) (a) The Department of the Attorney General is aware of only one justice of the peace who is a current serving member of the Western Australia Police. This person is aware of his responsibilities in refraining from performing JP duties while he has returned to WAPOL for a short-term period of employment. (b) DOTAG does not keep statistics on the employment of former JPs. Current policy regarding new appointees is that former WAPOL officers may be appointed for a minimum of two years after retirement. Such candidates must also preside in an area not associated with their last posting as a police officer. (2) The initial training for all JPs includes the importance of maintaining judicial independence when dealing with any matter brought before them. This responsibility is reinforced through ongoing training available through DOTAG and the Royal Association of Justices of WA. (3) Any instance of suspected misconduct in relation to a conflict of interest by a JP may be reported to the Attorney General, DOTAG or any member of the judiciary. In the appropriate circumstances, such matters may be referred to the Corruption and Crime Commission or the police public sector investigation unit. Such action could result in a JP being either removed from office or charged with a criminal offence.
(b) former members of the WA Police?
(3) What policies and procedures does the Attorney General have to address any matter of conflict of interest that might arise in the performance of their duties? Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) (a) The Department of the Attorney General is aware of only one justice of the peace who is a current serving member of the Western Australia Police. This person is aware of his responsibilities in refraining from performing JP duties while he has returned to WAPOL for a short-term period of employment. (b) DOTAG does not keep statistics on the employment of former JPs. Current policy regarding new appointees is that former WAPOL officers may be appointed for a minimum of two years after retirement. Such candidates must also preside in an area not associated with their last posting as a police officer. (2) The initial training for all JPs includes the importance of maintaining judicial independence when dealing with any matter brought before them. This responsibility is reinforced through ongoing training available through DOTAG and the Royal Association of Justices of WA. (3) Any instance of suspected misconduct in relation to a conflict of interest by a JP may be reported to the Attorney General, DOTAG or any member of the judiciary. In the appropriate circumstances, such matters may be referred to the Corruption and Crime Commission or the police public sector investigation unit. Such action could result in a JP being either removed from office or charged with a criminal offence.
Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) (a) The Department of the Attorney General is aware of only one justice of the peace who is a current serving member of the Western Australia Police. This person is aware of his responsibilities in refraining from performing JP duties while he has returned to WAPOL for a short-term period of employment. (b) DOTAG does not keep statistics on the employment of former JPs. Current policy regarding new appointees is that former WAPOL officers may be appointed for a minimum of two years after retirement. Such candidates must also preside in an area not associated with their last posting as a police officer. (2) The initial training for all JPs includes the importance of maintaining judicial independence when dealing with any matter brought before them. This responsibility is reinforced through ongoing training available through DOTAG and the Royal Association of Justices of WA. (3) Any instance of suspected misconduct in relation to a conflict of interest by a JP may be reported to the Attorney General, DOTAG or any member of the judiciary. In the appropriate circumstances, such matters may be referred to the Corruption and Crime Commission or the police public sector investigation unit. Such action could result in a JP being either removed from office or charged with a criminal offence.
I thank the honourable member for some notice of this question. (1) (a) The Department of the Attorney General is aware of only one justice of the peace who is a current serving member of the Western Australia Police. This person is aware of his responsibilities in refraining from performing JP duties while he has returned to WAPOL for a short-term period of employment. (b) DOTAG does not keep statistics on the employment of former JPs. Current policy regarding new appointees is that former WAPOL officers may be appointed for a minimum of two years after retirement. Such candidates must also preside in an area not associated with their last posting as a police officer. (2) The initial training for all JPs includes the importance of maintaining judicial independence when dealing with any matter brought before them. This responsibility is reinforced through ongoing training available through DOTAG and the Royal Association of Justices of WA. (3) Any instance of suspected misconduct in relation to a conflict of interest by a JP may be reported to the Attorney General, DOTAG or any member of the judiciary. In the appropriate circumstances, such matters may be referred to the Corruption and Crime Commission or the police public sector investigation unit. Such action could result in a JP being either removed from office or charged with a criminal offence.
(1) (a) The Department of the Attorney General is aware of only one justice of the peace who is a current serving member of the Western Australia Police. This person is aware of his responsibilities in refraining from performing JP duties while he has returned to WAPOL for a short-term period of employment. (b) DOTAG does not keep statistics on the employment of former JPs. Current policy regarding new appointees is that former WAPOL officers may be appointed for a minimum of two years after retirement. Such candidates must also preside in an area not associated with their last posting as a police officer. (2) The initial training for all JPs includes the importance of maintaining judicial independence when dealing with any matter brought before them. This responsibility is reinforced through ongoing training available through DOTAG and the Royal Association of Justices of WA. (3) Any instance of suspected misconduct in relation to a conflict of interest by a JP may be reported to the Attorney General, DOTAG or any member of the judiciary. In the appropriate circumstances, such matters may be referred to the Corruption and Crime Commission or the police public sector investigation unit. Such action could result in a JP being either removed from office or charged with a criminal offence.
(3) Any instance of suspected misconduct in relation to a conflict of interest by a JP may be reported to the Attorney General, DOTAG or any member of the judiciary. In the appropriate circumstances, such matters may be referred to the Corruption and Crime Commission or the police public sector investigation unit. Such action could result in a JP being either removed from office or charged with a criminal offence.

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