Queensland Consolidated Acts

JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 - SECT 15A

15A Application for appointment

(1) A person may apply to the chief executive for appointment as a justice of the peace or commissioner for declarations.

(2) The application must be—

(a) in the approved form; and

(b) accompanied by the fee prescribed by regulation; and

(c) otherwise made in the way prescribed by regulation.

(3) The chief executive must consider the application and decide under this part whether or not the person is qualified for appointment.

(4) If the person has a disqualifying conviction—

(a) the application must include an application for an exemption under section 17B (an
"exemption application" ) in relation to the conviction; and

(b) the chief executive must decide the exemption application before deciding whether the person is qualified for appointment.

(5) The chief executive may ask the person for further information the chief executive needs to decide the application.

(6) The application lapses if—

(a) the chief executive gives the applicant a notice—

(i) asking the applicant to do something to comply with this section including, for example, submitting an exemption application that is required under subsection (4) (a) ; or

(ii) asking the applicant for further information under subsection (5) ; and

(b) the chief executive states a day (the
"due day" ), at least 30 days after the day the notice is given, by which the applicant must comply with the request; and

(c) the applicant does not comply with the request by the due day or any later day allowed by the chief executive.

(7) If the chief executive decides the person is qualified for appointment—

(a) the chief executive must notify the Minister of the decision; and

(b) the Minister must recommend to the Governor in Council that the person be appointed.

(8) If the chief executive decides the person is not qualified for appointment—

(a) the chief executive must give the person an information notice for the decision; and

(b) the person may apply to QCAT, as provided under the QCAT Act , for a review of the decision.