NSW Protection from Civil Liability for Justices of the Peace

Justices of the Peace Amendment Bill 2025

Legislative Assembly

Legislative Council

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Effects of this bill

If this bill passes, it means that:

Justices of the peace are not liable for civil claims; this applies to acts done or omitted in good faith.
The protection applies if the person was exercising a function as a justice of the peace; it also applies if they reasonably believed they were doing so.
This immunity only applies to acts done after the Act starts.

The Debate

What different members said when this bill was debated:

Donna Davis ALP

“I speak in support of the Justices of the Peace Amendment Bill 2025. The bill amends the Justices of the Peace Act 2002 to provide justices of the peace with protection from liability for acts done, or omitted to be done, in good faith in the exercise of their functions as a JP.”

Official source →

Mark Hodges LIB

“I contribute to debate on the Justices of the Peace Amendment Bill 2025. I support this important amendment to the Justices of the Peace Act 2002, which was introduced in this House on 28 May 2002. The role of a justice of the peace [JP] is an exceptionally important role in our community.”

Official source →

David Mehan ALP

“I speak in debate on the Justices of the Peace Amendment Bill 2025, which amends the Justices of the Peace Act 2002 to provide justices of the peace with protection from liability for acts done or admitted to be done in good faith in the exercise of functions as a justice of the peace.”

Official source →

Tri Vo ALP

“I contribute to the debate in support of the Justices of the Peace Amendment Bill 2025. As members are aware, JPs, which is short for justices of the peace, are volunteers appointed by the Governor of New South Wales and come from across Australia, this State and all sections of the community.”

Official source →

David Saliba ALP

“I speak in support of the Justices of the Peace Amendment Bill 2025 and commend the Attorney General for his work in this space. A lot of members have spoken in support of the bill and the work of justices of the peace [JPs]. I also highlight my appreciation for their work.”

Official source →

Liesl Tesch ALP

“I speak in support the Justices of the Peace Amendment Bill 2025. Before I start, I thank the incredible staff at the Sydney Eye Hospital next door. I was at the emergency department of the eye hospital this morning because I have an infection in my eye, and the staff were so helpful. I have a deep appreciation of our public health system, our accessibility and the amazing service that is offered.”

Official source →

Mark Coure LIB

“I speak in support of the Justices of the Peace Amendment Bill 2025. It is a sensible and long overdue reform that recognises the vital role that justices of the peace, or JPs, play in our communities. It provides them with fair protection from personal civil liability when performing their duties in good faith. JPs are the quiet achievers of our justice system.”

Official source →

Steve Whan ALP

“I am also pleased to support the Justices of the Peace Amendment Bill 2025. I note that a lot of members have reflected on great JPs in their communities. They have quite rightly reflected on the important contributions that JPs make. A number of members reflected on the history of how JPs came about. The member for Gosford, in her excellent contribution, spoke about it going back to King Richard.”

Official source →

Hugh McDermott ALP

“I am delighted to speak as the Parliament Secretary to the Attorney General to give the speech in reply.”

Official source →

News articles and press releases

Justices of the Peace Amendment Bill 2025

Mr MICHAEL DALEY, Attorney General — 2025-03-25

The bill will amend the Justices of the Peace Act 2002 to provide New South Wales justices of the peace with a statutory protection from liability—in effect, an immunity from suit that applies when functions are carried out in good faith. This is an important change that acknowledges the vital role that justices of the peace perform for the New South Wales community and legal system by providing voluntary witnessing and certification services to members of the public for official or legal purposes. The statutory protection provided for in the bill will also align New South Wales with most other Australian jurisdictions, which have similar protections. This reform was informed by targeted consultation undertaken in 2024 with key stakeholder organisations.