New legislation to protect JPs by providing immunity from lawsuits

Monday, 17 March 2025

The NSW Government will introduce legislation to provide Justices of the Peace (JPs) in NSW with protection from liability for carrying out their role in good faith, offering the same protection currently available in other states.

The change – which was requested by JPs – eliminates all civil liability for JPs who are exercising their functions as intended, meaning they will have immunity from suit. The proposed amendment to the Justices of the Peace Act 2002 (NSW) would:

·       cover actions and omissions

·       apply where a JP believes they are exercising a JP function, or are purportedly doing so

·       provide a complete defence to any action by the recipient of JP services, or another person, in relation to loss or damage caused by the JP

While this is a broad protection for JPs, protections for the community remain in place:

·       The duty of care that JPs owe to members of the public would continue to apply, as would the JP Code of Conduct.

·       The immunity would not cover intentional misconduct by JPs, such as cases of fraud or other malicious or dishonest conduct.

·       In circumstances where a JP has not acted in good faith, consumers of JP services would continue to be able to have recourse to legal action.

The Department of Communities and Justice has undertaken consultation on the change and found it was supported by all JP associations. Introducing immunity from lawsuits for JPs is consistent with the position in all other states and the Northern Territory.

JPs are volunteers who certify documents for official or legal purposes. They provide an important service to the community and legal system and there are approximately 63,000 JPs across NSW.

To learn more about becoming a JP, visit dcj.nsw.gov.au/legal-and-justice/legal-assistance-and-representation/justice-of-the-peace.html

Attorney General Michael Daley said:

“Justices of the Peace play a vital role in the community, and they deserve to be protected from liability when performing their duties.

“Whether it’s certifying a copy of an original document, or witnessing a statutory declaration or affidavit, JPs help people at key moments of their life and keep communities ticking.

“This legislation brings NSW into line with other Australian jurisdictions, and I hope it will encourage more people from across the state to become a JP – especially people who speak a community language or live in regional and remote areas.”