Justices of the Peace ('JP') can witness legal documents including statutory declarations and affidavits, and certify true copies of documents. Their services are provided free of charge. Notaries public also witness legal documents but mainly documents that are for use in foreign courts or by foreign authorities. Notaries public can charge for their services. Justice of the Peace Services, part of the South Australian Attorney-General's Department, is responsible for the administration of the application, appointment, conduct and removal of Justices of the Peace.

Justices of the Peace taking affidavits under the Oaths Act 1936 (SA) must comply with the Code of Practice - Affidavits.

Witnessing statutory declarations

In addition to JPs, lawyers, registered conveyancers, government employees, accountants, religious ministers, medical professionals and bank officers who meet certain criteria may also witness statutory declarations. A full list of persons authorised to witness statutory declarations is available on the Attorney-General's Department website.

From 1 January 2025, statutory declarations and affidavits may be witnessed remotely via audio visual link and signed electronically. Visit the Attorney-General's Department website to learn more.

Authorised witnesses are also required to comply with the Code of Practice - Statutory Declarations.

Who can be a JP?

A person is eligible to be appointed as a JP by the South Australian Attorney-General if they

See Justices of the Peace Act 2005 (SA) s 4 and Justices of the Peace Regulations 2021 (SA) reg 4.

What are the powers and duties of a JP?

The main duty of a JP is to act as an independent and objective witness for legal documents and proceedings. This includes witnessing or attesting to the execution of a document, taking an affidavit or statutory declaration, certifying a true copy of an original document and certifying the identity of a person. For more information and to download key documents including the Justice of the Peace Handbook and the Code of Conduct, visit the Attorney-General's Department website.

A Justice of the Peace must not provide legal advice when acting in their capacity as a JP [Justices of the Peace Regulations 2021 (SA) Schedule 1 clause 6].

Code of Conduct

JPs must comply with a Code of Conduct [contained in the Justices of the Peace Regulations 2021 (SA) Schedule 1]. This includes always acting within their powers and the conditions of their appointment, not charging a fee for services, not divulging confidential information and not acting where they have a conflict of interest. Importantly, they cannot administer an oath, witness an instrument or take a declaration from a person they believe does not hold the mental capacity to do so. To learn more, read the Justice of the Peace Code of Conduct.

A retired JP must not use the title “JP (retired)" to advance their business or commercial interests [Justices of the Peace Regulations 2021 (SA) Schedule 2].

Complaints

A complaint can be made if a JP has breached or failed to comply with a condition of appointment, the Code of Conduct, or the Justices of the Peace Act 2005 (SA) [see s 11]. Complaints must be in writing and may be lodged via the Consumer and Business Affairs website.

A JP found to have breached a condition of their appointment, the Code of Conduct or the Act may be reprimanded or suspended or may have conditions imposed on their appointment.

A JP may be removed from office if they are convicted of a criminal offence, become bankrupt, become mentally or physically unfit for office, or should, in the Attorney-General's opinion, be removed from office [Justices of the Peace Act 2005 (SA) s 11].

Services