Around 3 000 Western Australians are currently appointed as Justices of the Peace (JPs). They give freely of their time to serve their communities and to support the justice system.

JPs can perform a range of functions, from witnessing documents to approving bail applications and authorising search warrants. As well, 300 JPs are currently eligible to preside in a Court if allowed by the local Magistrate.

A person can be appointed as a JP without the need for any legal qualification. However, a prerequisite to appointment since 2002 and evident from 2011 has been satisfactory completion of training. Once appointed, training for JPs is not mandatory unless they wish to preside in Court, in which case annual training is required.

The Department of the Attorney General (DotAG) is responsible for administering the JP function which includes the provision of training and support.

In 2011 the Standing Committee on Environment and Public Affairs tabled a report on the implementation of the Coroner’s recommendations into the 2008 death of Mr Ward, a prisoner in custody. The Committee found that training of JPs had improved since 2008 but it was not satisfied that all JPs had received training. My audit looked into the training and support provided to JPs since the Committee’s inquiry.

I was encouraged to see that DotAG makes a range of training and support options available to JPs. However, my testing showed that the majority of JPs were going for years at a time without training.

While I appreciate that DotAG focuses its training efforts on the JPs that preside in Court, not all duties that carry risk are carried out in Court. It also only takes one wrong decision to profoundly affect an individual or the community. The death of Mr Ward highlights this concern. My audit shows that DotAG is still to fully address the risk of an untrained JP making significant decisions.

Continuous professional development is an accepted requirement of most professions. Although the JP function is voluntary, it is nevertheless surprising to me that regular training is not a requirement for all JPs, particularly those performing significant functions such as approving bail applications and authorising search warrants. I have recommended to DotAG that they establish a greater understanding of the duties that JPs individually and as a group perform so that they can better target their training.

DotAG has told us that it will be commencing consultation about possible changes to the law that may help address these risks. Unfortunately, I was unable to confirm this as DotAG denied access to the documentation on the grounds that they were Cabinet-in-confidence.

My lack of access to Cabinet-in-confidence material has been an ongoing issue since the introduction of the Auditor General Act 2006. While a protocol is in place that allows me to seek permission to access Cabinet-in-confidence documents, my access is not automatic or always timely. I intend to pursue avenues to address this issue.