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The Department is excited to announce that Expressions of Interest to perform the role of Court Appointed Questioner in Domestic and Family Violence matters is now open to Justices of the Peace.
The Stronger Communities Legislation Amendment (Domestic Violence) Act 2020 introduced a new protection for domestic violence complainants to ensure they cannot be directly questioned by an unrepresented accused person under the Section 289VA of the Criminal Procedure Act 1986.
This means If a defendant is self-represented in a hearing regarding a domestic violence offence, they are not allowed to examine the complainant directly. Instead, the court will appoint a person known as a Court Appointed Questioner (CAQ) to ask questions on their behalf.
A CAQ is a person appointed by the court who will ask the complainant the defendant’s questions. CAQ for Domestic and Family Violence hearings commenced on 1 September 2021.
The hybrid delivery model is being undertaken by:
A dedicated Court Appointed Questioner team within the Department of Communities Justice and Justices of the Peace.
This hybrid will support this important protection, which means domestic violence complainants no longer have to endure the trauma of being directly cross-examined in court by an unrepresented accused person.
Clause 3A of the Justices of the Peace Amendment (Court Appointed Questioner) Regulation 2022 says that if the Court appoints a CAQ to ask questions for an unrepresented person of a domestic violence offence, the CAQ can be a Justice of the Peace (JP), refer to themselves as a JP and be paid to perform the CAQ role.
If you wish to express your interest for this important initiative. Please read and complete this expression of interest to perform the role of court appointer questioner form (PDF, 277.8 KB).
Court Appointed Questioner Fact Sheet (Coming soon)
To facilitate the role of JPs in the hybrid delivery model, the Attorney General approved the amending Regulation in October 2022. This allows JPs to be paid a fee if exercising the function of being a CAQ, and confer the function of being a CAQ on JPs, but only if appointed by a court under s289VA of the CPA
CAQs will receive a payment to perform this role. The full day rate for the performance of the CAQ services is $150.00 per day. The half day rate is $75.00 per half day (before lunch).
Are outlined in the Expression of Interest.
If you wish to express interest in performing the JP CAQ role, please complete the above expression of interest form.
We are currently seeking expression of interests in the following locations: Albury, Gunnedah, Moree, Muswellbrook, Singleton, Tamworth and Queanbeyan.
Clause 3A of the Justices of the Peace Regulation 2020 (NSW) (JP Regulation) says that if the Court appoints a CAQ to ask questions for an unrepresented person of a domestic violence offence, the CAQ can be a Justice of the Peace (JP), refer to themselves as a JP and be paid to perform the CAQ role
We are unable to provide financial advice. Please seek independent advice in relation to your personal finances.
For any tax implications please contact your accountant or the Australian Taxation Office.
Parking or travel costs will not be paid.
No – If your JP appointment lapses you must inform the CAQ Co-ordinator at jpcaq@justice.nsw.gov.au at your first opportunity. You will be removed from any allocations and the roster.
Local Court locations can be found at
www.localcourt.nsw.gov.au/local-court/cl-2.html
The payment is all-inclusive (excluding, where applicable, superannuation). There will be no further payments or entitlements paid by the Department for the CAQ Services, including but not limited to, leave, overtime, travel allowances, or meal monies.
Once you have submitted an Expression of Interest you will be notified of any upcoming training days. If you wish to seek any further information in relation to scheduled training days, please email jpcaq@justice.nsw.gov.au
Court sits Monday to Friday from 9.30am to 4.30pm. If you were to accept an allocation, you would need to arrive at the court at 9.00am and would need to remain available until 4.30pm or until dismissed by the court.
29 Jan 2024