Communities and Justice

Justice of the Peace CAQ

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 - external site 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, 195.0 KB).

Court Appointed Questioner (CAQ) Factsheet - General (PDF, 114.9 KB)

Payments

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).

Requirements for the role

Are outlined in the Expression of Interest.

Upcoming training days

The JP CAQ training session in Dubbo on 8 May 2025 will not proceed as forecasted. Training will be re-scheduled in Dubbo on a date to be determined. Additional training locations and dates will be scheduled as needed.

Frequently Asked Questions for JPs

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