WARNING: Aboriginal and Torres Strait Islander peoples are warned that this document may contain images of deceased TABLE OF CONTENTS persons. Due care has been taken to ensure that the images have been used with the appropriate consent.

OVERVIEW ...... 3 Introduction ...... 4 Our People...... 4 Advisory Committee ...... 5 Mount Isa, Charleville and Emerald ...... 6 Transfer Strategy ...... 6 Coroners Court ...... 7 Magistrates’ Workload ...... 7 Professional Development ...... 8 Magistrates Participation on External Bodies ...... 10 Committees ...... 11 Construction and Upgrades of Magistrates Court Buildings ...... 11 Change in Form of Address in Court ...... 13 Court Technology ...... 13 Family Law ...... 15 Queensland Drug Court Pilot Program ...... 16 Court Diversion Programs ...... 16 Indigenous Issues ...... 18 From Court of Petty Sessions to Magistrates Court ...... 20 Conclusion ...... 20

OUR MAGISTRATES ...... 21 Queensland’s Magistrates as at 30 June 2005 ...... 22 Appointments and Retirements ...... 24 Acting Magistrates ...... 24

OUR COURTS ...... 25 Criminal Jurisdiction ...... 26 Civil Jurisdiction ...... 30 Commonwealth Jurisdiction ...... 32 Murri Court ...... 33 Childrens Court ...... 36 Domestic and Family Violence ...... 38

Annual Report 2004—2005 1 TABLE OF CONTENTS continued

Drug Court ...... 41 Coroners Court ...... 44 Small Claims Tribunal ...... 46 Industrial Magistrates Court ...... 48 Transport Operations Acts ...... 50 Court Administrator...... 52 Signifi cant Events during 2004 – 2005 ...... 52 Commissions of Inquiry ...... 53 Major Magistrates Courts Initiatives during 2004 – 2005 ...... 54 Construction and Upgrades of Magistrates Court Buildings ...... 54 Signifi cant Events and Initiatives Planned for 2005 – 2006 ...... 57 Court Technology ...... 58 Legal Education in the Magistrates Courts ...... 62

OUR PEOPLE ...... 66 Magistrates ...... 67 Milestones ...... 71 Vale—Brian Kehoe 1917 – 2005 ...... 72 From Court of Petty Sessions to Magistrates Court Through the Years ...... 73 My First Eight Months ...... 76 Western Districts Magistrates Court ...... 77 Work Experience in the Magistrates Court ...... 78 The Phoenix Program ...... 78 The Salvation Army and Queensland Magistrates Court ...... 80 Commemorative Ceremonies ...... 82

APPENDICES ...... 87

2 Queensland Magistrates Courts Marian Drew WaterLine 2004 Brisbane Magistrates Court

Marian Drew’s work relates to spiritual values, the environment and history of the site. WaterLine is a reference to the Tank Stream, the water supply dammed by the fi rst colonial residents in Brisbane. The artist has created a series of three linked photogram images by laying large sheets of fi lm into water and then using fl ashes of light to capture light impressions of the creatures and plants in their watery environment. The image of the stream of water fl owing through the fi ve fl oors of the building refers to the laws of nature rather than those of human bureaucracy and law.

Overview OVERVIEW - by His Honour, Judge Marshall Irwin, Chief Magistrate

Introduction magistrates. A recent High Court decision noted that in 2002 there were 78 statutes in This report relates to the operation of the Queensland which conferred on a magistrate Magistrates Court in the year ended 30 June the power to issue a search warrant. Many 2005. It has been prepared in consultation of the people appearing before magistrates with my colleagues in the Queensland will be unrepresented, including defendants magistracy and the Court Administrator. in criminal cases. As a consequence of the breadth of the Court’s jurisdiction, it is The Magistrates Court, as the court of the court with which most members of the fi rst instance in the judicial system of public will have contact. As such the work Queensland, has a broad jurisdiction. As of the magistracy is important to public recently stated by the Attorney-General confi dence in the justice system. and Minister for Justice, the Honourable Ms Lavarch MP: Our People “The Magistrates Court is a local court and it is by far the busiest court There are currently eighty-four positions in the State”. for magistrates in Queensland (there are 85 magistrates as two of our magistrate hold In his speech to mark the opening of the part time appointments). This is an increase new Brisbane Magistrates Court on 16 of three positions since the last report. The November 2004 the Premier of Queensland, new positions were created at Southport, the Honourable Mr Beattie MP described the Beenleigh and Richlands because of the Magistrates Court as “the people’s court”. increase in the workload of magistrates as well as the prospect of continued It is here that approximately 96 percent population growth in those areas. The need of all criminal matters are dealt with. The to determine whether to increase the number jurisdiction also includes civil matters up of magistrates because of the pressure on the to $50,000; small claims and minor debts Southport Magistrates Court was referred to up to $7,500; and domestic violence and in the last report. family law matters. It exercises jurisdiction as a Childrens Court, is involved in the Drug As a result, there are now eight positions Court pilot program, and has Commonwealth at Southport, four positions at Beenleigh, as well as state jurisdiction. and two positions at Richlands. With the opening of the Western Districts Magistrates For more detail about the Court’s Court at Richlands on 19 July 2004 to jurisdiction, reference can be made replace the courthouse previously situated at to previous Annual Reports. Inala, the Inala based magistrate relocated This report has endeavoured to to Richlands. The courthouses at Inala avoid repeating much of this and Richlands are described in Magistrate explanatory material and to Wessling’s article on page 77 of this report. focus on information specifi c to the past year, which is in Because of the creation of these new keeping with previous Supreme positions, it was possible to terminate the and District Court Annual local circuits by relieving magistrates based Reports. in Brisbane to assist the Beenleigh and Richlands Courts. The Brisbane positions The extent of the jurisdiction previously occupied by these two magistrates and the complexity of the legal (who transferred to Beenleigh and Richlands) issues dealt with by magistrates is were relocated to Maryborough and Cairns emphasised by Appendix 10 which lists in consultation with the Court Governance the legislation commonly dealt with by Advisory Committee (Advisory Committee).

4 Queensland Magistrates Courts Overview 5 cant changes cant Magistrates Act Magistrates Act (the Act) which made signifi (the Act) Advisory Committee Advisory to the 2003 – 2004 As noted in my overview November 2003 Annual Report, on 18 to the amendments commenced 1991 decisions about the to the process for making transfer of magistrates. of the new transfer process An important aspect was the establishment of a Court Governance (more commonly known Committee, Advisory Committee”). as “the Advisory Since its inception, the committee has recommended twenty-nine transfers all of which have been accepted by the Chief Magistrate. All transfers have been made in after the calling of expressions of interest vacancies around the State and it has been based on all such transfers possible to make The those voluntary expressions of interest. in a implementation of this system has resulted degree of certainty and has enabled Magistrates at to carry out their regional service obligations a time suitable to their personal circumstances and obligations. Amongst the duties prescribed for the committee the Chief in conjunction with was to make, Magistrate, a transfer policy for Magistrates. transfer The committee was also to make recommendations on matters referred to it by the Chief Magistrate as well as to consider and recommendations about other matters make affecting the Magistrates Courts which may be referred to it from time to time by the Chief Magistrate. An example of the latter type of recommendation was the committee’s advice about the creation of new magistrates’ positions at Maryborough and Cairns. Committee consists of two The Advisory permanent members and three temporary members. The two permanent members are the Deputy Chief Magistrate, who is the chairperson, and the State Coroner. The temporary members are chosen by the Chief Magistrate in conjunction with the permanent members and at least one such member must constitute a Magistrates Court in a regional centre outside the south east corner of the state. cant over six rst time in cient distribution of exible approach to be taken to exible approach to be taken Annual Report 2004—2005 2004—2005 Report Annual There were nine new appointments during the reporting period from the ranks of barristers and solicitors. Collectively they bring to our Court a broad range of legal and life experience. Each have made signifi As at 30 June 2005 there were 81 serving As at 30 June 2005 there were 81 magistrates. The current mix of magistrates includes 47 solicitors and barristers and appointed from outside the court system from 22 women. Four of our magistrates are an indigenous background. contributions to the community beyond legal practice. Seven of our new colleagues were appointed from practise outside Brisbane. Magistrates Buckley from Laidley and Dwyer from Mackay had previous experience as Magistrates Clerks of the Court and Acting before entering private practice. The backgrounds of each of the new appointees can be found on page 67 of this report. The relocation of a Magistrate to The relocation of a fi Maryborough for the in There are now seven magistrates located Cairns (including the Relieving Magistrate, Northern Region) as a result of the creation of the additional position there. This enables a more fl court arrangements in the area, including indigenous for the circuits to Cape York communities. In addition it provides extra through a Cairns assistance to Townsville each magistrate circuiting there for one week month. years enabled a reorganisation of circuit years enabled a reorganisation based in arrangements for magistrates Gympie. It also removed Maroochydore and and Gladstone the need for Rockhampton the Bundaberg magistrates to assist circuits are now based magistrate. These Maryborough. This has from undertaken enabled a more effi resources than was previously possible. Advisory Committee continued

The temporary members are appointed for Mount Isa, Charleville and two years and cannot be reappointed for at least four years after their last appointment Emerald has ended. In the last Annual Report I referred to my aim of obtaining incentives to make The current Advisory Committee consists of: the remote single magistrate centres of Mr Brian Hine – Deputy Chief Magistrate Mount Isa, Charleville and Emerald more (permanent member); attractive as transfer destinations for our Mr Michael Barnes – State Coroner people. The fi rst of those goals, better (permanent member); quality housing, has been achieved with the Mr Andy Cridland – Magistrate, Warwick purchase of an upgraded house in Mount (temporary member); Isa, the construction of a new house in Ms Annette Hennessy – Magistrate, Charleville, and the lease of an upgraded Rockhampton (temporary member); and house in Emerald. In addition, the Mount Isa magistrate has received an entitlement to an Ms Donna MacCallum – Magistrate, Ipswich annual reunion visit to his/her home centre. (temporary member). I will continue to work towards achieving The three temporary members were the other incentives identifi ed: appointed in December, 2003. • reunion visits to home centres for the The Transfer Policy was developed and was Charleville and Emerald magistrates; published to Magistrates on 5 February, • additional leave; and 2004. The policy was last modifi ed on 31 • private motor vehicle use. May, 2005 and remains a document subject to review as required. It is available to all I have previously recognised that these serving magistrates and those who are incentives may have to be achieved considering an offer of appointment. The incrementally. policy recognises the expectation that all magistrates will serve in regional areas.

The policy further provides that generally, Transfer Strategy expressions of interest are to be called As part of a strategy to develop a fair and for any vacancy and that, in the event of equitable transfer system, I am committed to no expression being received, magistrates the appointment of people with an interest without prescribed regional service are to in living in regional Queensland to courts in be considered for transfer to a Magistrates regional areas. Consistent with this policy, Court in regional Queensland before in the past twelve months Magistrate Braes, magistrates with such service. Regional a Mareeba resident has been appointed to Queensland is defi ned as that part of Cairns for twelve months to be followed by Queensland outside the Beenleigh, Brisbane, three years in Mareeba. Magistrate Dwyer Caboolture, Cleveland, Gold Coast, Gympie, of Mackay was appointed to Cairns, and Ipswich, Maroochydore, Redcliffe and Magistrate Springer of Rockhampton was Toowoomba Magistrates Courts districts. appointed as one of the two magistrates who A magistrate without prescribed regional constitute the Court there. I am optimistic service is one who has not served as a that the continued implementation of this magistrate at a place in regional Queensland policy will have the long term effect of for at least two years in the last ten years. eliminating forced transfers. The personal circumstances of a magistrate are to be taken into account before a decision is made about where the magistrate is to serve. The committee must also consider the magistrate’s transfer history and any desired retirement destination.

6 Queensland Magistrates Courts Overview 7 nalised 87% nalised cers per head of population, to extend the categories of to extend the categories cant increase in workload as relationships in respect of which protection relationships in respect made to the Court, applications could be increase in applications there was only a 4% suggesting the volume in the past 12 months of work has stabilised. However when regard is had to the increase of such applications over the past four years by 42.4%, the be enormity of the workload in this area can fully appreciated. These statistics indicate that it has been another busy year for the Queensland magistracy. The Commonwealth Report on Government Services for 2002 – 2003 noted that Queensland has the lowest number of judicial offi but the largest number of matters going before all three levels of the courts. Despite this the Commonwealth Report based on 2003 – 2004 data, as referred to in the Output Statement for the 2004 – 2005 that Queensland State Budget demonstrates clearance rate our court achieved a 100% for that period. The Output Statement also demonstrates that the Court fi of criminal matters and 90% of civil matters within 6 months and 93% of criminal matters and 92% of civil matters within 12 months. In the area of domestic violence, following In the area of domestic the signifi amendments to the a result of the 2003 Violence Protection Domestic and Family 1989 Act . As such the 2004 rst full year of operation Coroners Act 2003 Coroners Act Annual Report 2004—2005 2004—2005 Report Annual In the criminal jurisdiction there has been a 4.1% increase in the number of adult defendants charged before the Court over the past twelve months, with a 5.5% increase – 2002. over the 4 year period from 2001 The number of charges against these persons also rose by 3.1% during this period. The number of children charged with criminal offences and the number of charges against them decreased in the past twelve months. However the number of charges against children have remained at the same level over the past four years. There has been an increase of 6.9% in civil There has been an increase of 6.9% in civil claims lodged over a 4 year period from – 2002, although there has been a 2001 decrease in minor debt claims and small claims lodged during this time. Magistrates’ Workload Workload Magistrates’ and The statistics in the body of the report the appendices show that overall the Court’s busy workload has remained relatively the steady in the 2004 – 2005 period, with main area of increase being in the claims an lodged in the civil jurisdiction. There was civil claims lodged and in increase of 11.2% in the number of minor increase a 21.6% debt claims lodged. One of the challenges for coroners, court One of the challenges staff and legal practitioners has been the need to operate with two coronial systems deaths still running in parallel as “old” Act It is their way through the system. make of anticipated that by the end of 2005 all these matters will have been dealt with. – 2005 reporting period has been a year of – 2005 reporting period the initial challenge of consolidation after system had to be met. switching to a new This has been the fi court system introduced of the new coronial by the Coroners Court Coroners The Chief Magistrate Professional Development It is noted that our people presented papers Judge Irwin and at a number of conferences, for example Clerk of the Court The extent of the Court’s jurisdiction and the Magistrate Previtera gave a paper at the with visiting Judicial consistent legislative changes make it essential Therapeutic Jurisprudence Conference in Offi cials from China. that magistrates are given the opportunity Perth, Magistrate Payne delivered a key to undertake professional development. This note address to the Indigenous Family includes attendance at relevant conferences Violence Prevention Forum in Mackay, and and training programs which not only provide Magistrates Hennessey and Sarra addressed educational opportunities but also enable the Law Asia Down Under 2005 conference networks to be established with judicial offi cers on the Murri Court. nationally and internationally. As observed in the essay by Magistrate Bradford-Morgan on Three of our magistrates were able to her attendance at the 2005 Phoenix Program participate in the Phoenix judicial training (see page 78) attendances at conferences referred to above. It is operated by the and training programs allows the invaluable National Judicial College of Australia sharing of knowledge and experience by (NJCA). This year the program was magistrates. amalgamated with the Western Australian Magistrates Conference. This was signifi cant Enhanced Professional Development because of the common issues confronting Opportunities the Queensland and Western Australian Magistrates Courts in administering justice One of my aims as stated in the last Annual in a large decentralised state with regional Report is to enhance the professional and often single magistrates courts serving development opportunities available to our regional communities, many with a majority people. I was optimistic that the additional of indigenous people. In addition, the funding necessary to achieve this would be tyranny of distances involved in each state forthcoming with the support of the Director- poses many challenges for magistrates. General of the Department of Justice and Attorney-General (JAG) and JAG Finance. The New South Wales Magistrates Orientation Program was not held in the This optimism was justifi ed, with additional reporting period. However, three of our funding being made available in the 2004 new magistrates will attend when it is – 2005 budget for this specifi c purpose. As a again offered in November 2005. In the result it has been possible to fund magistrates same month, at least six new appointees to undertake many of the professional will attend the NJCA Travelling Judicial development activities listed at Appendix Education Program which will be held in 7 rather than having to do so at their own Brisbane for two days in that month. expense.

8 Queensland Magistrates Courts Overview 9 Magistrates Nunan, Nunan, Magistrates Barbeler, Clements, at and Kehoe Payne Hearts the Healthy with Presentation Johan Pretorius, from Presenter,(third Zeller, Ulla right) and and Legal A/Director Services Corporate right). (far cer, Ms Lauren cer, tness, stress and life balance. the new SCAN teams, and the role of thethe new SCAN teams, Court. There was also aFederal Magistrates with the skills to addresssession to provide us physical fi the Honourable The presenters included the Federal Court of Justice Sackville of Bauman and Australia, Federal Magistrate Judge Robertson of the District His Honour, Two of our people, Court of Queensland. Magistrates Cassidy and Lock presented also addressed by Mr Glenn were papers. We Ferguson, President of the Queensland Marlene Prenzler of Inspector Law Society, Service, Mr Frank the Queensland Police Department Director General of the Rockett, of Corrective Services, Ms Kate Martin, of Logan Senior Area Manager Acting City Community Corrections, Ms Joanne Irwin, Court Diversion Offi Mr Library Services and Stephenson of JAG Wide. Simon Small of Motivation World The conference again provided the opportunity for a meeting of the Drug Court pilot program magistrates and of the coordinating magistrates. In addition, relevant magistrates were able to meet with on the Review of the Ministerial Taskforce during the conference. Centre the John Tonge There was also a meeting of magistrates interested in indigenous justice issues. the conference was Again this year, characterised by unity and knowledge- sharing among our people. rst time. rst t from the attendance of other Annual Report 2004—2005 2004—2005 Report Annual The Annual Conference of Queensland The Annual Conference all Magistrates is the only opportunity for of our people to meet each year to discuss issues of mutual interest and to share experiences. It is a particularly important opportunity for newly appointed magistrates to meet their colleagues for the fi The conference featured issues of practical relevance including sessions on the Civil Offences Act, the Summary Liabilities Act, sentencing issues, legal research techniques, the use of laptops, the new directions of the Department of Corrective Services, offenders orientation programs, illicit drug diversion, Queensland Magistrates Conference Conference Magistrates Queensland 2005 Conference 2005 which was held in Brisbane thefrom 23 – 25 May 2005, was opened by Attorney-General MP, Honourable Mr Welford and Minister for Justice. The Keynote address dewas delivered by the Honourable Justice of Queensland on Chief Justice Jersey AC, Judicial Professionalism. We also benefi We magistrates, this year from Victoria and South Australia. In September 2005, Deputy State Coroner In September 2005, attend a Judgement Christine Clements will to with a view Adelaide Course in Writing learn with the other sharing what she will members of court. Magistrates Legal Education in the Magistrates educate students about the judicial process, Conference Court with particular reference to the example of 23–25 May 2005. the Petrie Magistrates Court. The magistracy also recognises the importance of professional legal education Reference is also made to the participation and training for those people seeking of the magistrates in University Councils and admission to the legal profession, and others Committees, as well as in the presentation of who participate in the judicial system such lectures. as police recruits. Therefore it has again contributed to such education and training Our magistrates also gain from involvement this year. in these programs.

As described in the report, this has included participation in the Bar Practice Course Magistrates Participation on conducted though the Queensland University of Technology (QUT); the Professional External Bodies Legal Education and Training program Our magistrates have continued to contribute and the Women and the Law (WATL) work to the administration of justice nationally experience program of the University of through involvement with the Governing Queensland; Griffi th University Law School’s Councils of the Australian Institute of General Legal Advanced Family Law Judicial Administration and the Judicial Clinic; and the Police Recruit Occupational Conference of Australia, the Council of Vocational Education program. Chief Magistrates, the Australasian Coroners Society and the Police Education Advisory An article from one of the WATL participants Council. on page 78 highlights the practical signifi cance of students participating in the I represented the Court on the Committee program. to monitor the implementation of the recommendations from the review of the Magistrates including myself have judged Offi ce of the Director of Public Prosecutions university moot programs. The report (Queensland). refers to the role that Townsville and Cairns magistrates fulfi l in this regard. A list of external bodies in which Some Townsville secondary and university magistrates participate can be found at students have received work experience Appendix 8. opportunities with the Court.

The snapshot of our education activities in this report also refers to school tours undertaken of the Magistrates Courts to

10 Queensland Magistrates Courts Overview 11 rst court to use nancial year. nancial For example there are seven video courts to For example there are by video link from allow witnesses to appear facilities. a number of correctional the fi In addition it will be digital recording equipment in Queensland. digital recording equipment should be ready After testing, this equipment fi to use early in the next Courts, two There are nineteen Magistrates Coroners Courts and four Small Claims hearing rooms. One of these is a purpose at the new courts built Murri Court. Like Richlands and Thursday Island it has been built for the future with room for expansion to thirty-nine courts. The building has also been designed to provide improved support for victims and their families and to assist vulnerable witnesses. For example the two Domestic and Family Violence Courts have separate access for the aggrieved and the respondent. has A waiting lounge with ensuite facilities been provided for aggrieved people within a secure area with direct access to court for rooms. There is a separate waiting area respondents. The new facilities have allowed the and extension of domestic violence support advice services to men as well as women. Connect has At the Court’s invitation DV been providing professional support to men involved in domestic violence procedures. The Service addresses communication, violence and behavioural issues at a critical the form of explaining time and can take what is happening with court procedures and processes and the choices available to them, counselling men both before and after court appearances, and providing choices and options for counselling, treatment or positive feedback support programs. Very has been received from participants in the court process. The result has been that much of the angst that may otherwise be generated out of the proceedings. is taken cio member. member. cio nancial year. nancial cial opening of the new Annual Report 2004—2005 2004—2005 Report Annual With the offi Brisbane Magistrates Court Building at 363 George Street, Brisbane on 16 November 2005 the Court moved overnight from an era of paper court lists attached to notice boards by drawing pins to another era where this information is displayed by electronic boards. This is indicative of the fact that it is a modern purpose built facility which is technologically advanced. On 12 November 2004 at a ceremonial sitting court in the 30 year old Central Courts Building at 179 North Quay, which had been the home of the Brisbane Magistrates Court, was adjourned for the last time. Brisbane Magistrates Court Magistrates Brisbane Construction and Upgrades of of and Upgrades Construction Buildings Magistrates Court I stated in the last report that I aimed to I stated in the last report that I aimed to enhance their role. This is progressively the being achieved by my relinquishment of chairperson’s role for some of the committees and participating as an ex-offi A number of informal Committees, which A number of informal 9, assist me in the are listed in Appendix under the Act. discharge of my functions Committee the Advisory Although unlike no legislative basis these committees have access to a wide they enable me to have making decisions range of views when in about matters affecting the Court, and responding to persons and agencies seeking input from me or the magistracy as a whole, and for example in areas such as legislation salaries and allowances. This has enabled some of my colleagues to be appointed to chair committees which on meet regularly to provide me with advice relevant issues. As a result the committees a more proactive are also able to take the role. This process will continue during forthcoming fi Committees Construction and Upgrades of Magistrates Court Buildings continued

This is in keeping with the vast improvement It is a building which is designed not to be in public facilities which has accompanied intimidating but rather to quell the anxiety the new building, with large waiting areas which is naturally experienced by many outside the court rooms together with people participating in court proceedings and the benefi t of natural light both in those thus to promote the accessibility of justice. areas and also in the court rooms. The court provides access to and views of the The promotion of access to justice extends, Roma Street Parklands, providing a feeling where the commitments of our courts allow, of openness and light. Public artworks to providing tribunals and inquiries with complement the public spaces both within court rooms in which to discharge their and around the building. public functions. It is considered that as a public building it should be used for other In his speech to our conference the public purposes which are consistent with Chief Justice of Queensland referred to the functions of the courts. Therefore it Rear view of the the architecture of the new courthouse has been made available to the Misconduct Brisbane Magistrates representing a number of our goals, these Tribunal, the Anti-Discrimination Tribunal, Court from the being: the Thoroughbred Racing Inquiry and “People’s Forum the Bundaberg Hospital Commission of Parkland” in Roma “transparency especially and also, Inquiry. This has resulted in a saving of Street. continuity and inclusiveness.” public monies which may otherwise have been expended to secure accommodation. The Commission of Inquiry currently occupies Court 34, which is our largest court. This court is designed as a criminal video court which can accommodate up to twelve prisoners in the dock and has a double bar table for use by multiple legal representatives.

The conference facilities now available to magistrates also enable seminars and events of interest to the legal community to be held. For example they have been used to launch the updated Legal Aid Duty Lawyers Handbook and the JAG Indigenous Justice Strategy. Over 80 people were present for the launch of this strategy.

The inaugural visitors to take advantage of these new facilities were 50 members and associates of the Australian Law Librarians Group (Qld Division), who on 16 February 2005 attended a seminar entitled “Practice and Procedure of the Magistrates Court”. The seminar was convened in conjunction with the Group’s President, Ms Sue Rigney, Manager, Library Services, JAG. The object of the seminar was to provide local law librarians, who are increasingly being asked to retrieve decisions of the Magistrates Court, with a greater understanding of the

12 Queensland Magistrates Courts Overview 13 cers. It cers. ling of ling ling at those led electronically led led electronically. electronically. led ce of magistrate. system by ces will be connected to this ling is responsive to the needs of the legal Court Technology Technology Court Filing Electronic There are nineteen centres where facilities are available for the electronic fi claims and default judgements. The number of claims and minor debts fi Change in Form of Address in Address of in Form Change Court Brisbane Magistrates The move to the new by a change in Court was accompanied magistrates as the form of addressing in This applied to all courts Honour”. “Your magistrates preside (see Queensland in which 9 of 2004 at Appendix Practice Direction No. 11). The purpose of this Practice Direction was to remove the antiquated form of address which creates confusion Worship” “Your with the titles of other judicial offi was intended to promote uniformity between jurisdictions, to remove confusion for the members of the public and to recognise judicial offi I am grateful for the support from the Chief the Justice, Chief Judge of the District Court, Attorney-General and Minister for Justice, of and the Presidents of the Bar Association Queensland and the Queensland Law Society for supporting this initiative. is now 7% of the total lodged. In June 2005, an additional twenty-one Magistrate Courts were connected to the system, which has been renamed CLAIMS. This will enable electronic fi centres in the near future. All remaining operated QGAP Magistrates Courts and JAG offi the end of 2005. Practice Directions No. 1B of 2004, No. 1C of 2004 and No. 1 of 2005 approve entities to have documents fi The increasing availability of electronic fi and as profession and the wider community, such enhances access to justice. ng rst appear. appear. rst Community Corrections Briefi Role and Resources of the Salvation Court Support Resources for People Amendments to the Child Protection Healthy Heart Awareness in the Courtroom Information Technology

Army’s Court Chaplaincy involved in Domestic Violence Matters Legislation

Drug Diversion Program My speeches at the closing ceremony for the building at 179 North Quay and on to the new building the receipt of the keys from the Premier are on pages 82-86 of this report. The Brisbane Childrens Court also occupies separate premises at 30-40 Quay Street. While many of these charges will be resolved While many of these charges will be resolved those matters which here on pleas of guilty, are to proceed to hearing are adjourned to the building at 363 George Street. Courts 1, 2 and 3, which are often referred Courts 1, 2 and 3, which are often referred Courts” remain at 240 Roma to as the “Arrest Street Brisbane. It is here that most people who are charged with offences fi Annual Report 2004—2005 2004—2005 Report Annual • • • • • • structure, jurisdictional limits and breadth structure, jurisdictional before the Court and of matters that come and procedures the personnel, practice the state. In of the registries throughout seminar was addressed addition to myself the and Gordon and by Magistrates Herlihy Court Registrar Mr Brisbane Magistrates have also been Ron Micola. The facilities relevant stakeholders used for meetings with of the Court’s jurisdictions, to the exercise and educational sessions for magistrates including the following topics: Court Technology continued

Videoconferencing / Closed Circuit The Practice Direction provides: Television “(1) On all proceedings for bail or remand, The installation of closed circuit television other than for the fi rst appearance, (CCTV) and videoconferencing technology the detainee will appear on video in our courts is another way of enhancing link unless personal and video link access to justice, particularly in remote appearance is excused. regions. (2) If the detainee’s legal practitioner This technology facilitates vulnerable seeks a personal appearance of witnesses, including children giving evidence the detainee on proceedings to without the need to confront the defendant which paragraph (1) applies, the in the court room. It also reduces the need legal practitioners must fi rst apply for long distance travel by witnesses and to a magistrate and satisfy the minimises the transport of prisoners on requirements of section 178(C)(2).” remand for court appearances. In order to effectively implement this As observed earlier seven courts in the new Practice Direction and to implement Brisbane Magistrates Court Building have similar procedures throughout the state the videoconferencing technology. Court is commencing a pilot project with the Department of Corrective Services in CCTV and/or videoconferencing equipment relation to video link appearances in such is being installed in courts as they are circumstances. refurbished, and videoconferencing is installed together with CCTV in all new As part of the continued modernisation courts. of court processes the ultimate aim is to extend video link appearances to the The court is placing emphasis on the sentence of detainees and others with use of videoconferencing technology their consent. Such an approach would be in all proceedings for bail or remand of particularly valuable in bringing access to prisoners by issuing Practice Direction No. justice to remote regions such as the island 3 of 2005 (see Appendix 11) on 17 June communities surrounding Thursday Island in 2005 which relates to the appearance of the Torres Strait. detainees (defendants in custody) before the Magistrates Court at 240 Roma Street Integrated Justice Information Strategy and 363 George Street, Brisbane. Relying (IJIS) on section 178C(2) of the Justices Act 1886 The aim of IJIS is to achieve integration which provides: of justice agencies’ business processes and “A proceeding for the detainee’s information technology systems. bail or remand must be conducted The fi rst stage of the initiative which has using the video link facilities, unless been implemented during the reporting the court, in the interest of justice, period has been the state-wide transfer of otherwise orders.” Bench Charge sheet by electronic link from This applies to those cases where video the Queensland Police Service to the courts. facilities are available linking the Although there have been the expected correctional institution where the detainee is teething problems, it is anticipated that in custody with the court. ultimately improved effi ciencies will be achieved through the removal of duplicated processes and procedures.

14 Queensland Magistrates Courts Overview 15 t to lawyers t within the Once established, the service will allow Once established, the capable device, court users with a wireless the to access computer, such as a note book the courts – supplied internet for free over before the service. Parties broadband wireless access legislation and court will be able to materials in real time browse other research will also have email during a hearing. They to connect to remote access and the ability databases or systems. Such access has been proven to be of real benefi the Queensland Higher Courts which trialled technology early in the 2004 – 2005 year. Family Law Family As stated in the last annual report the Court has ceased to proactively offer the family law service that had been provided in a that number of courts. It is again emphasised this jurisdiction the Court will still exercise when required. Discussions with the Federal Magistrates Court on this issue have resulted in that a court holding a family law callover once month at each of the Southport, Toowoomba It and Maroochydore Magistrates Courts. is understood that this service is working well and providing a real benefi and clients in those areas. This approach is with the fact that family law is in keeping not our core jurisdiction but is that of the Federal Magistracy and the Family Court of Australia. ine. They are able to take their their ine. They are able to take ce to use throughout Queensland, rst phase of the program has been to Annual Report 2004—2005 2004—2005 Report Annual Wireless Technology Wireless with the Court’s commitment In keeping to the utilisation of modern technology to enhance the provision of services, during 2005 – 2006 a wireless internet access service will be established in 32 courtrooms across the Brisbane Magistrates Court and courthouses in Southport, Beenleigh, Ipswich, Maroochydore, Rockhampton, and Cairns as part of a whole-of- Townsville courts initiative. Further, following the pilot test referred to Further, be in the last report, magistrates can now to allow provided with Secure ID tokens them to connect to the magistrates portal from home or anywhere else computer access is available. This will again be particularly helpful for magistrates on circuit. With the assistance of the Committee our Information Technology initiatives court will continue to undertake to properly equip a modern magistracy. provide the laptops to all magistrates who go provide the laptops to all magistrates who on circuit. The second phase of the program for other magistrates is expected to be completed by July or August 2005. This year saw the implementation of a This year saw the implementation each magistrate in program to provide top computer as a Queensland with a lap A desktop computer. replacement for their with the laptop. docking station is provided has to unclip the The magistrate simply it station to take laptop from the docking enables magistrates to use elsewhere. This to work offl The fi Information Technology Information home to do them laptops on circuit, to take them to conferences, legal research, to take the into and to allow them to be taken or courtroom to access current legislation will operate as a they cases. Accordingly mobile offi to anywhere in the world or for that matter, do their work. Queensland Drug Court Pilot Another signifi cant development during the period was the transfer of Magistrate Program Costanzo from Brisbane with a full time The Drug Court pilot program has been commitment to the pilot program to operating since 13 June 2000 in South East Southport where he is involved in the Queensland at Beenleigh, Southport and discharge of the general jurisdiction of Ipswich courts and since November 2002 our court. Prior to his appointment as a in North Queensland at Townsville and magistrate, he was integrally involved in Cairns. As at 30 June 2005, 151 people had the policy development that lead to the graduated from the program (116 in South development of the pilot program, and East Queensland, 19 in Townsville and 16 in he has guided the development of the Cairns). program since his appointment. This has included his extensive evaluation and The functions of a pilot program magistrate recommendations contained in the “Final under the Drug Rehabilitation (Court Report on the South East Queensland Drug Diversion) Act 2000 have now been Court” which was published and tabled in allocated to eleven magistrates including July 2003. It is expected that a number of myself. his recommendations will be implemented in the legislative scheme that will underpin the Queensland government statements have operations of the permanent court. credited the program with breaking the cycle of drug related crime in the Queensland I wish to take this opportunity to thank community. This is consistent with the Magistrate Costanzo for his signifi cant evaluations of the program by Dr Makkai leadership role in this important endeavour. of the Australian Institute of Criminology which as previously reported found: Since Magistrate Costanzo’s transfer • Recidivism is signifi cantly reduced for Magistrate Thacker has assumed the role of those who successfully complete the full time pilot program magistrate for South program; East Queensland. • Few of the graduates re-offend once they complete it; Court Diversion Programs • Where offending does occur, the average time to re-offend is longer than for the An update is again provided of the Illicit comparison group; and Drug Court Diversion Program and the Cairns Alcohol Offenders Remand and • Reductions in offending before and after Rehabilitation Program (CARRP). the program are greater for the Drug Court graduates than the comparison group. Reference is also made to a proposed Homeless Persons Court Diversion Program As a result the pilot program was further and a proposed Special Circumstances List. extended to 31 December 2006, and it has been announced that the pilot status of the Court will be removed so that it will become Illicit Drug Court Diversion Program a permanent feature of the landscape of This was a pilot program run only in therapeutic jurisprudence in Queensland. It is the Brisbane Magistrates Court and the expected that this will occur in the fi rst half Brisbane Childrens Court until 30 June 2005. of 2006. Discussions have been taking place Following an independent evaluation which with offi cers from JAG strategic policy to refl ected strong stakeholder support for the develop a legislative strategy appropriate to program and its expansion statewide, the a permanent Drug Court. The fi rst step will pilot status is to be removed from 1 July be to align eligibility criteria for the North 2005. and South East Queensland programs.

16 Queensland Magistrates Courts Overview 17 uenced their uenced t to the offenders and rst 6 months of 2005 which considered An evaluation of the six month pilot An evaluation of the 80% of participants program found that the service provider to chose to return with two months of their complete the further that 60% of program. It also indicated did not re-offend while CARRP participants did so, the rate of re- for the other 40% who reduced. offending has markedly community feed back has shown Further, that CARRP participants had infl resulting in a number of peers and family, their self-referrals undergoing treatment for alcohol addiction. the In the last annual report I observed that continuation of the program is regarded as being of benefi the community and that the provision of funding for this purpose is supported by Cairns magistrates based on their experience with it. This was said at a time when the provision of funding for the program was not assured. Therefore I am pleased to report that government funding has now been secured to enable the program to operate for a further twelve months. As the program will commence to operate from Mareeba as in September 2005 it has been renamed Courts Alcoholic Offenders Remand and Rehabilitation Program. Homeless Persons Court Diversion Diversion Court Persons Homeless Circumstances Special and Program List The Court was involved in a pilot program in the run by Legal Aid Queensland (LAQ) fi homelessness and the position of the homeless before the courts. These persons are often charged with misbehaviour in the street (street or public order offences) and they are generally not represented by LAQ on such matters, with the result that they appear unrepresented. ed rehabilitation ed Annual Report 2004—2005 2004—2005 Report Annual It involves persistent offenders who plead It involves persistent offenders who plead guilty to such offences and who are likely to be sentenced to a term of imprisonment being admitted to bail subject to intensive conditions which include a requirement of residence at a specifi Cairns Alcoholic Offenders Remand Remand Offenders Alcoholic Cairns (CARRP) Program and Rehabilitation This program has been described in detail in the last two annual reports. The object is to give street people in Cairns charged offences, and public order with drunkenness in the majority homeless Aboriginal and Islander people, an opportunity to address their frequent alcohol-induced offending behaviour and “break the cycle of offending”. be eligible for this facility for one month. To program an offender must also be assessed as suitable for the program and must consent to this remand into the care of an appointed service provider for that period. If the offender complies with the bail conditions and participates in the program, the Court will receive recommendations from the including whether a further service provider, remand is necessary to enable the offender to continue with the program. The magistrate might elect to sentence on the substantive offence taking into account compliance with the bail conditions and compliance with the program, or grant a further remand having regard to the recommendation. If the offender pleads guilty and meets If the offender pleads the Court may place strict eligibility criteria with a special the person on a recognisance condition requiring attendance at a drug assessment and education session. The compliance rate with the program has been 94%. The pilot program has been operating since The pilot program has applies to people March 2003. The program of small quantities charged with possession use and/or implements of drugs for personal such drugs. associated with using Court Diversion Programs continued

By offering representation services as part The Court is represented on the Reference of the program to homeless and mentally ill Group which meets regularly to oversee the or intellectually impaired people appearing implementation of this newly created position on charges in Brisbane Magistrates Courts within the court system. Once the Court 1 and 3 at 240 Roma Street, LAQ sought Liaison Offi cer is appointed it is hoped that to investigate the level of need for such this will not only assist the Court to deal more representation; the nature of that need in effectively with homeless defendants but will terms of common charges, resolution options also support the Court’s proposed Special and outcomes; and systemic issues affecting Circumstances List where, as is often the case, the effective disposition of such matters. these defendants also suffer from impaired During the course of the program an capacity issues. Consideration is being given experienced lawyer regularly attended these to operating this list one day each week. The courts actively seeking out defendants who pilot Special Circumstances List would be appeared to have homelessness or impaired operated within the Court’s current budget capacity issues with a view to defending and resources. The Salvation Army will play charges and making sentencing submissions an important role in this pilot project. The involvement of the Salvation Army in the as to appropriate penalties. Brisbane Magistrates Court is well described Apart from court participation, a magistrate on page 80 of this report. acted as the Court’s representative on the Reference Group for the project, providing advice and sharing ideas in respect to Indigenous Issues court processes, sentencing options and approaches. Murri Court The Murri Court determines sentences for As a direct consequence of our involvement Aboriginal and Torres Strait Island defendants in this project, in May 2005, the Court who plead guilty to offences within the raised the suggestion of establishing a jurisdiction of the Magistrates Court. It fi rst separate “Special Circumstances List” to sat in Brisbane on 21 August 2002. It has process public order offences and similar been discussed in detail in previous annual matters arising from the activity of homeless reports and on page 33 of this report. persons or people with impaired capacity issues. The Court convened a meeting with It sits in Court 32 of the new Brisbane representatives of government departments Magistrates Court at 363 George Street and major legal stakeholders to fl oat each Wednesday afternoon. This is the fi rst this proposal. The initiative was strongly purpose built Murri Court. It is designed and supported and it was suggested that there be conducted so as not to be intimidating to a pilot program which could be evaluated the defendants and other indigenous people after twelve months operation. who attend it. There is indigenous art on the walls and the participants are seated As the Court commenced to work towards in a circle around a large oval bar table. the establishment of its pilot Special The magistrate who does not wear a gown Circumstances List project, it was announced is seated at this bar table at eye level with in the June Budget that the Department of the offender. A photograph of this court is Justice and Attorney General would fund a included in this report. two year Homeless Persons Court Diversion Program by appointing a “Court Liaison There has been an increase in the number of Offi cer” to assist the court with referrals, elders and respected persons available to sit assessment and accessing public and with the Murri Court. Unfortunately at this private resources to administer therapeutic time, they are not paid even a nominal fee jurisprudence for such persons. for travelling and minor expenses.

18 Queensland Magistrates Courts Overview 19 exibility by spending an in partnership with the Department of in partnership with addresses Communities. This program to driving, licensing, all matters relating management and control responsibility in the of vehicles and the of vehicles, maintenance by young It has been very well received law. offenders. commenced in MountThe Murri Court which as a twelve month pilotIsa in February 2004 thathas been the subject of evaluation since pilot ceased. During the twelve month period, appeared before the Murri Court. defendants 61 relatedAll but four were for domestic violence offences. One person was sentenced to actual imprisonment, and only four of the defendants Orders.re-offended whilst on Community Based Due to the success of the pilot and an increased Murri Court is the commitment by stakeholders due to recommence on 4 October 2005. It is noted that consultation has commenced with the aim of achieving statutory with JAG recognition of the Murri Court. Courts in Indigenous Communities in Indigenous Courts The Court also travels on circuit to sit at Gulf, Indigenous Communities including the Thursday and Badu Palm, and Cape York made Islands. In the last report reference was to the Court’s desire to operate the Cape York circuits with more fl additional day in some communities when the extent of the court list demands this. I am pleased to say that additional funds for this purpose were provided in the 2004 – 2005 Budget. As a result of being able to spend more time in the communities, particularly to meet with Community Justice Groups and local Councils, the Court’s reputation in these communities has been enhanced. During March 2005, the Court recommenced sitting at Cherbourg after an absence of at least six years. This was done with community support to ensure that the Cherbourg community has easy access to justice. The Court was refurbished with furniture from the Brisbane. The closed court at 179 North Quay, Kingaroy based magistrate conducts the Court on one day each month. Court. cer to assist the Murri Annual Report 2004—2005 2004—2005 Report Annual Community Based Orders, Conditional Bail programs and Conditional Release Orders all include an array of programs to help divert indigenous young people from offending behaviours. One such program which has been particularly successful is the U-Turn program developed and implemented in Rockhampton by Queensland Transport In November 2004, a Youth Murri Court In November 2004, a Youth also commenced in Rockhampton. Since this time there has been a demonstrated overall reduction in offending by indigenous young people. The Adult Murri Court in Rockhampton Murri Court The Adult has now been operating for two years with many success stories of offenders, many of whom have serious criminal history rehabilitating themselves with the assistance As at the end of the indigenous community. in of 2004, the success rate for a reduction recidivism in the offenders dealt with by this court was 69%. A study of the nature of recidivist offending is being undertaken to identity factors which may be further of offenders. addressed for the other 31% Intensive Probation Orders have been the most successful orders to date with a success rate of almost 80%. A Youth Murri Court sits at the Brisbane Murri A Youth Childrens Court once a month. The elders and respected persons who sit with the magistrate have expressed enormous support for this court. The number of indigenous child offenders have been in a steady decline since the introduction of the court. The Murri Court is also looking towards The Murri Court is also looking towards time sitting for one full day per week. At this the Magistrates Court will have to manage this within its existing resources. However, the court will seek government the court will seek government However, sitting fee, estimated assistance to fund the elders and respected at $35 per sitting for the appointment of persons, and also for a Court Offi would include co- This person’s functions of the Murri Court, ordinating the processes and providing liaising with all participants of the offender assessment and monitoring before and after sentence. From Court of Petty Sessions to has also been provided to improve courthouse facilities throughout the state for the benefi t Magistrates Court of magistrates, court staff and the community This is the title of the essay by Magistrate who use them. McKay commencing on page 73. Together I again thank my Deputy, Magistrate Hine for with the essays by Magistrates Kehoe and his support throughout the year, and also my Braes, it traces the development of the executive assistant, Ms Narelle Kendall, and Magistrates Court from 1941 when it was my research offi cers over this period, Ms Beth known as the Court of Petty Sessions to the Houston and Ms Jeannie Donovan for their Magistrates Court of today. Magistrate McKay assistance. is in the 49th year of service to this court. During that time stipendiary magistrates have The work of the acting magistrates also become magistrates, and magistrates have continues to be integral to the effective moved from the public service to become operation of the court throughout the state. judicial offi cers addressed as “Your Honour”. His article also traces changes in procedures, Throughout the reporting period I have the type of matters coming before the court, continued to travel throughout the state to and the revolution in technology over that visit the 30 court centres to which magistrates period. This revolution is exemplifi ed by the are posted and to conduct court at some of transition from the recording of evidence on those centres. I also continue to visit as many manual typewriters to reel to reel tapes, then as possible of the other 100 locations gazetted cassettes, and now with the move to the new for the holding of the Magistrates Court across Brisbane Magistrates Court, we usher in the Queensland. These visits continue to assist digital age. There is also the sharp contrast me to appreciate local circumstances which between storing voluminous exhibit material are relevant to making decisions about the in courtroom fi ling cabinets in the 1980s and administration of the Court. the use of computer and fl at screen video for the same purpose in the courtroom of today. Much of what I have said above is directed to the issue of ensuring that the Magistrates Court provides the community with access Conclusion to justice. I am committed to enhancing this In conclusion I would like to take this access in future with the support of JAG opportunity to thank each of our magistrates through means such as the expanded use for their collegiality, professionalism and of videoconferencing technology. This will support over the past twelve months. ensure that the Magistrates Court is a modern court for a modern society. Shortly after the end of the reporting period the Attorney-General and Minister for My aims for the next twelve months also Justice, the Honourable Mr Welford was include the continued enhancement of the appointed to a different portfolio. I again technology available to magistrates, to wish to thank him for his consultative work with JAG to develop entitlements for approach on all issues concerning the Court magistrates which are in keeping with their throughout my period of appointment. judicial status rather than the public service based entitlements that currently exist and to I also wish to record my particular thanks continue to implement the appointment and to the Director-General of JAG, Ms Hunter, transfer strategy as described earlier. her Deputy, Mr McGowan and the Court Administrator Mr Marschke for their positive The year ahead also provides the exciting focus on client service and support for the prospect of establishing the Drug Court as Court. As indicated in the report, this has a permanent part of the Magistrates Court, extended to additional funding to support establishing a legislative basis for the Murri better quality housing and improved Court, and establishing a pilot Special entitlements for the Mount Isa, Charleville Circumstances List in Brisbane. and Emerald magistrates, to enhance The achievement of these aims and professional development opportunities, and many others will be to the benefi t of the to enable more circuit time to be spent in administration of justice and the people of Cape York indigenous communities. Funding Queensland.

20 Queensland Magistrates Courts Marian Drew WaterLine 2004 Brisbane Magistrates Court

Marian Drew’s work relates to spiritual values, the environment and history of the site. WaterLine is a reference to the Tank Stream, the water supply dammed by the fi rst colonial residents in Brisbane. The artist has created a series of three linked photogram images by laying large sheets of fi lm into water and then using fl ashes of light to capture light impressions of the creatures and plants in their watery environment. The image of the stream of water fl owing through the fi ve fl oors of the building refers to the laws of nature rather than those of human bureaucracy and law.

Our Magistrates OUR MAGISTRATES - Queensland’s Magistrates as at 30 June 2005

Beenleigh BJ Gribbin Coordinating Magistrate J Batts SL Cornack PJ Webber

Bowen C Proctor

Brisbane MP Irwin Chief Magistrate BP Hine Deputy Chief Magistrate and Regional Coordinating Magistrate JP Barbeler MA Barnes State Coroner CA Clements Deputy State Coroner LM Bradford-Morgan Part-time Magistrate M Cassidy AG Dean JS Gordon EA Hall JM Herlihy DE Kehoe WJ McKay NF Nunan JC Parker AI Pascoe Children’s Court Magistrate JV Payne R Quinlan Wynnum - Holland Park WJ Randall Small Claims Referee CG Roney Part-time Magistrate Z Sarra WJ Smith AC Thacker Drug Court Magistrate – Beenleigh - Southport - Ipswich

Bundaberg LJ O’Shea

Caboolture PW Johnstone Coordinating Magistrate TA Allingham

Cairns TJ Black Coordinating Magistrate TJ Braes WA Cull Relieving Magistrate Northern Region DJ Dwyer PM Kluck T Previtera R Spencer

Charleville JD Costello

Cleveland BF Tynan

Dalby IR Rose

22 Queensland Magistrates Courts Our Magistrates 23 oordinating and Regional Coordinating Magistrate Coordinating and Regional oordinating Magistrate Coordinating and Regional oordinating Coordinating and Regional Coordinating Magistrate Coordinating and Regional Coordinating Coordinating and Regional Coordinating Magistrate Coordinating and Regional Coordinating Warwick Warwick Cridland WA Southport GA Wilkie C Southport GA Brennan Hillan Smith Tonkin Verra Townsville GJ GA BL SM DR Glasgow LP Magistrate Coordinating and Regional Coordinating Sandgate PM Dowse Dowse PM Sandgate Schemioneck Toowoomba BT McIntyre GM Magistrate Coordinating BL Springer Austin Costanzo Kilner Pirie BL White PJ J RG CA JE Rockhampton A Hennessy C A Rockhampton ER Wessling Richlands ER Johnston LG Magistrate Coordinating Redcliffe R Woodford R Redcliffe Petrie MJ Halliday MJ Petrie Mount Isa Isa Mount BR Manthey GJ Buckley Buckley Taylor Taylor GJ CJ KO 2004—2005 Report Annual Maroochydore IT Killeen Killeen IT Maroochydore Maryborough BD Barrett Maryborough BD Mareeba JB Lock Mareeba JB Mackay RN Risson RN Mackay Kingaroy JM Daley JM Kingaroy MR McLaughlin MR Ipswich Ipswich DM MacCallum Innisfail TI Morgan TI Innisfail Holland Park Park Holland TN Arnold Hervey Bay Hervey Bay Tatnell GJ Gympie BA Callaghan BA Gympie Gladstone DW Morton DW Gladstone Emerald Emerald AG Kennedy Appointments and Retirements

Appointments

Mr Thomas Braes 11 October 2004 Mr Graham Buckley 4 January Ms Margaret Cassidy 10 January 2005 Mr Damien Dwyer 26 April 2005 Mr Dermot Kehoe 12 July 2004 Mr Trevor Morgan 12 July 2004 Mr John Parker 14 June 2005 Mr Orazio Rinaudo 28 February 2005 Ms Bronwyn Springer 2 November 2004

Retirements Mr Tom Bradshaw 31 October 2004 Mr Keith Krosch 24 October 2004 Mr Ken Lynn 5 August 2004 Mr Dean Wilkinson 29 December 2004 Mr Alan Yorkston 8 October 2004

Acting Magistrates Ayr RJ Mack Bowen RW Muirhead Bundaberg N Lavaring Caboolture P Hasted Cairns KJD McFadden Emerald GB Pitt Cleveland RL Warfi eld Coolangatta M O’Driscoll Dalby HB Stjernqvist Holland Park TM Duroux Kingaroy RH Lebsanft Mackay BL Kucks Mount Isa AR Taylor Petrie AJP Comans Rockhampton MT Morrow Roma DA Beutel Sandgate AJ Chilcott Toowoomba R Stark

24 Queensland Magistrates Courts Fiona Foley Witnessing to Silence 2004 Brisbane Magistrates Court

Fiona Foley’s art work relates to the land and includes Australian botanical and historical references. Her work explores dialogues between past and present in Australian cultural expression. Witnessing to Silence focuses on the eternal forces of nature, change and regeneration. It reminds us that nature is a dominant force that can govern people’s lives. The columns of ash and place-names refer to the extremes of fi re and fl ood experienced in the Australian bush. The misting sacred lotus lilies symbolise enlightenment and provide a space for contemplation and regeneration.

Our Courts OUR COURTS

Criminal Jurisdiction there has been a 3.19% increase in the number of charges against adults over the As indicated in the Introduction, reference past four years, and the number in the should be made to earlier reports for Childrens Court has returned to the 2001 information on the extent of the Court’s – 2002 level over that time. jurisdiction. The last twelve months has also seen an In the past twelve months the number of increase in the number of defendants criminal charges has remained relatively charged with these offences from 183,125 steady with a total of 344,825 charges in 2003 – 2004 to 189,568 in 2004 lodged in 2004 – 2005 as compared to – 2005. Again, an increase has been in 344,320 in 2003 – 2004. There has been an adult defendants with a decrease in child increase in charges against adult offenders defendants. This is consistent with the trend but a decrease in number in the Childrens over the past four years as Table 1 shows: Court. As demonstrated by the table below

TABLE 1: Defendants and Charges Lodged - Magistrates Court Criminal

2001-2002 2002-2003 2003-2004 2004-2005 Change over four years

Number of Charges lodged 310,739 314,824 318,212 320,314

Percentage Change 1.3% 1.1% 0.7% 3.1%

Number of Defendants lodged 169,304 176,174 171,571 178,555

Percentage Change 4.1% -2.6% 4.1% 5.5%

Criminal Court Interior.

26 Queensland Magistrates Courts Our Courts 27 lms covered by the cation of Publications Act cation of Publications Act and related legislation (section Chapter 22 Criminal Code offences Chapter 22 Criminal – an (offences against morality) nature without a offence of a sexual when circumstance of aggravation guilty and the the defendant pleads at least 14 years old complainant child is (section 552B(1)(h)). Code offences Chapter 22A Criminal involving (prostitution) – an offence pornographic publications, computer games and fi Classifi 1991 552B(1)(l)). Justice and Other Legislation and Other Legislation Justice 2004 Act Amendment amends a number of statutes This Act relevant to Magistrates Courts: Bail Act Section 15 has been amended to allow courts to consider information provided by Community Justice Groups about bail applications by indigenous defendants. Act Justices Section 142A has been amended to remove any doubt that defendants may be dealt with in their absence if they fail to appear before a court after being granted bail or after being permitted to go at large without bail. • • Depending on the offence and previous Depending on the offence and previous 15 convictions, orders last for eight years, years, or life. The Court is obliged to ensure that notice of the order (whether automatic or discretionary) is given to the Police then ensure a who must Commissioner, the written notice of the order is served on defendant. punishable by creates an offence The Act or two years 150 penalty units ($11,250) jail for failing to report as required or for providing false information. Prosecutions for these offences are dealt with in the Magistrates Court. (now cant recent cant ed the defendant “poses nes a list of “Class 1” and “Class in the Output Statement gures given Criminal Law Amendment Act 1945 Criminal Law Amendment Act 87% of criminal matters and 90% nalised Annual Report 2004—2005 2004—2005 Report Annual The Act defi The Act 2” offences where conviction automatically results in the making of an “Offender In addition a court may, Reporting Order”. upon application by the prosecution, make such an order upon conviction for any offence if it is satisfi Class 1 offences must be dealt with on indictment and the making of those orders does not involve magistrates. Class 2 offences include a number of offences which can be dealt with summarily by magistrates, including: repealed). a risk to the lives or safety of one or more children”. This Act sets up a system to require people sets up a system This Act convicted of offences against children to to report various details about themselves in police and for those details to be kept a register maintained by police. The Act supersedes provisions previously in section 19 Child Protection (Offender Reporting)Child Protection 2004 Act Legislative Developments Legislative Below are a number of signifi changes to criminal law in Queensland which have important practical implications of for magistrates and the administration justice. of civil matters within 6 months and 93% of civil matters within 6 months and 93% of criminal matters and 92% of civil matters within twelve months. The fi Statement for the Ministerial Portfolio for the 2004 – relating to Justice Services Budget demonstrate 2005 Queensland State – 2004 data in the that based on the 2003 on Government Commonwealth Report achieved a 100% Services 2005, the Court period. The Output clearance rate for that that the Court Statement also demonstrates fi Criminal Jurisdiction continued

Penalties and Sentences Act • being drunk in a public place – Section 161, which relates to calculation of punishable by a maximum $150 fi ne. presentence custody, has been amended to • trespass entering or remaining in a require the Chief Executive of Corrective dwelling or yard of a dwelling, or in Services to provide a “Presentence Custody a place or the yard of a place used for Certifi cate” to the Court which lists the a business purpose – punishable by a charges for which the defendant has been maximum $1,500 fi ne or one years jail. held in custody, the dates between which the • unlawful gathering in or on a building defendant has been held in custody for each – two or more persons must not offence, and a calculation of the time spent unlawfully enter or remain in a building in custody. used for a business purpose – punishable Such a certifi cate should be very helpful by a maximum $750 fi ne or six months in ensuring that accurate declarations of jail. Also, if a person in such a building presentence custody are made. However, the commits what would be a nuisance amendment had not commenced operation offence if in a public place, they are as at 30 June 2005. liable for the same penalty as public nuisance. Summary Offences Act 2005 • unlawful entering farming land etc – entering or remaining on farming This Act has replaced the out-of-date land, or leaving open a gate on a farm Vagrants, Gaming and Other Offences Act – punishable by a maximum $750 fi ne 1931, (VGOO Act) which has been repealed. or six months jail. There is no necessity The area likely to result in most prosecutions for the farm to have livestock which is the offence of Committing a Public may escape via the open gate or of any Nuisance. The VGOO Act was amended likelihood of any animal entering via the in 2004 to substitute this offence for the gate, nor is there a need for a defendant previous Section 7 which covered behaving to have an intention to cause any in a disorderly manner and associated mischief. behaviour. The public nuisance provisions • unregulated high risk activities in the new Act are identical to the 2004 – this creates an offence to unlawfully amendment to the VGOO Act. This offence parachute, hang-glide, base jump, now requires actual or “likely” interference climb or abseil onto or from a building with enjoyment of, or passage through, a – punishable by a maximum $1,500 fi ne public place – unlike the original Section or one years jail and an order to pay 7 which only required potential viewing or rescue costs. hearing of the behaviour, regardless of its • possession of implements – this covers likely impact. The offence is punishable by a possession of things that are being, have maximum $750 fi ne or six months jail. been, or are to be used, for break and Other offences created by the Summary entry; car theft; injury to a person or Offences Act are: damage to property – punishable by a maximum $1,500 fi ne or one years jail. • begging – in a public place and The section provides for a defence, with associated behaviour – punishable by a the onus on the defendant, to possessing maximum $750 fi ne or six months jail. such things which have been used if • wilful exposure – in or within view of a the defendant was not connected with public place – punishable by a maximum the preparation or commission of the $150 fi ne, or if the exposure is done previous offence. “so as to offend or embarrass another person” a maximum fi ne of $3,000 or one years jail.

28 Queensland Magistrates Courts Our Courts 29 c, rst ne ne – – – using or nition including nition ve years jail. ne or six months jail. t purpose”. t months jail for a fi ne or three sale of potentially harmful things sale of potentially harmful a sporting event throwing things at unlawful use of a vehicle involving a child (including an attempt) making CEM – ten years jail; distributing CEM – ten years jail. possessing CEM – fi in the making of CEM – punishable by ten years jail; Distribute has a wide defi or communicate, exhibit, send, supply, transmit; and an attempt or agreement to do any of those acts; and throwing or “propelling” an object which throwing or “propelling” an object which may injure a person, damage property or disrupt the event – punishable by a maximum $750 fi and spectators in the event Participants properly returning an object used in the event are excused. $3,750 fi offence, and by a maximum a further offence. or one years jail for possessing a vehicle without consent – punishable by a maximum $1,500 fi includes a or one years jail. “Vehicle” bicycle or a boat. selling a potentially harmful thing which selling a potentially believes on reasonable the seller knows or to inhale or grounds the buyer intends sell to another for ingest, or intends to by a maximum that purpose – punishable $1,850 fi Criminal Code (Child Pornography and (Child Pornography Code Criminal 2005 Act Abuse) Amendment This amendment to Chapter 22 of the Code exploitation creates a new concept of “child material” (CEM) which is material which or describes or depicts a child under, “likely 16 years in a way under, “apparently” New to cause offence to a reasonable adult”. sections 228A to 228H create a number of offences: • • • • • • • A general defence is provided for a “genuine artistic, educational, legal, medical, scientifi or public benefi Only people pleading guilty to offences involving CEM of a sexual nature with children at least 14 years old may be dealt with summarily – see section 552B(1)(h). ne ti ne

ed matters ed – preventing – piercing the ne or one years jail. months ne or six – this covers ne or six months jail. – punishable by a scation Act and to Section scation Act – fraudulent representation – a similar provision to “tainted – a similar provision jail. ne or one years jail. ne or six months ti instrument ti one years jail. For a thing which ne or imposition false advertisements etc about births, preventing public meeting tattooing a minor body piercing of minor graffi suspected stolen or unlawfully obtained suspected stolen or in writing or by appearance, made orally, with intent to obtain money or “an advantage” – punishable by a maximum $1,500 fi deaths, marriages or employment radio, – publications by newspaper, television or internet which expressly or “by implication” knowingly provide false information as to specifi or six months jail. or attempting to prevent a public meeting – punishable by a maximum $750 fi – punishable by a maximum $750 fi

genitals or nipples of a minor “as part of genitals or nipples of a minor “as a business transaction” – punishable by a maximum $3,000 fi jail; or if the minor is intellectually or drug impaired – a maximum $6,000 fi property 252 Criminal property” under section Proceeds Confi that except Drugs Misuse Act, 10A of proof on the there is no reverse onus is punishable by defendant. This offence fi a maximum $1,500 a or one years jail. Neither the minor nor parent/guardian can consent. No distinction is drawn between amateur No distinction is drawn between amateur tattooing, free of charge, and doing it as part of a business transaction. No increased penalty applies for an impaired minor. maximum $3,000 fi – punishable by a maximum $1,500 fi has been used, a similar defence is of available to the defence for possession implements mentioned above. possession of a thing which is being, has possession of a thing been or is about to be used for graffi • • • • • • • Annual Report 2004—2005 2004—2005 Report Annual Civil Jurisdiction of settlement or referral to mediation, the simplifi cation of the issues, and the quantum Small Claims and Minor Debt Claims of damages. A signifi cant part of the trial work of the A successful resolution of these matters Magistrates Court continues to be in the can result in the disposal of the proceeding area of jurisdiction classifi ed as “minor”, ie without the need for a trial or, at least, a claims under $7,500, which comprises both trial more focussed on the issues in dispute. Small Claims and Minor Debt Claims. The result in either case is a more effi cient use of the Court’s time and a saving of Minor Debt Claims currently represent 33% expense and time for the litigants. Again, of all claims fi led. Once a defence has the work for the magistrate is more often been fi led the interlocutory steps such as likely to involve consideration and ruling on disclosure, pretrial directions conferences complicated points of law. or Alternative Dispute Resolution processes are bypassed and a trial date is required to Table 2 below shows that for the fi rst be set unless the matter is listed in Brisbane time since 2002 – 2003 there has been an where ADR procedures have been reinstated increase in the overall number of claims more recently. lodged in the civil jurisdiction of 6.9%. This is the result of an increase of 11.2% in Unless there are exceptional circumstances the number of civil claims lodged and of allowing for legal representation, the litigants 21.6% in the number of minor debt claims in such proceedings are self represented lodged. The number of small claims lodged which is a further challenging aspect of the decreased this year by 10.4%. work of the Court. The table demonstrates that while the In matters other than minor debt claims, a lodgement of civil claims has increased by directions conference is convened wherever 6.9% over a four year period, there has been possible before a trial date is allocated. At a decrease in minor debt claims and small such a conference a number of matters claims lodged during this time. will be considered including the possibility

Table 2: Claims Lodged - Magistrates Court Civil

2001-2002 2002-2003 2003-2004 2004-2005 Change over four years

Civil Claims 28,900 30,712 27,806 30,908

Percentage Change 6.3% -9.5% 11.2% 6.9%

Minor Debt Claims 18,866 17,231 12,888 15,674

Percentage Change -8.7% -25.2% 21.6% -16.9%

Small Claims 18,637 17,537 18,766 16,813

Percentage Change -5.9% 7.0% -10.4% -9.8%

Total 66,403 65,480 59,460 63,395

Percentage Change -1.4% -9.2% 6.6% -4.5%

30 Queensland Magistrates Courts Our Courts 31 cant change cant led electronically (called ling facilities are now available ling) is now 7% of the total. Although the UCPR abolished theAlthough the UCPR court and chambers,distinction between a proceeding areshort applications within applications.still referred to as chamber there has been a signifi However, introduction of thein that work. With the there are nocontinuing duty of disclosure, for orders forlonger the routine applications use of notices todisclosure and the increased needadmit facts appears to have reduced the for interrogatories in many cases. Applications for substituted service are constantly made because secured multiple unit buildings, gated communities and acreage properties increasingly locked provide impediments to normal personal service. Any decrease in the volume of chambers applications has been offset by the more contentious and time consuming nature of the applications that have been made. There are more self-represented litigants who tend to require longer hearing times an and, of the represented matters, there is requiring of the contest increased likelihood consideration and ruling on more complex areas of law. Electronic Filing Filing Electronic Electronic fi in 19 centres. The number of claims and minor debt claims fi efi cant ve years. ve Supreme ne tuning ne . There are culties were inevitable; cient framework for litigants, Annual Report 2004—2005 2004—2005 Report Annual – for example, amendments during the past year to rules about fees and costs and an improvement of rules about enforcement warrants. Some of the work of the Rules Committee involves matters that can have signifi much of the work of the Rules However, Committee is in the nature of fi Court of Queensland Act 1991 Court of Queensland Act two magistrates who are members of that committee which meets on a regular and frequent basis throughout the year. and far-reaching consequences – such as establishing new rules for admission to legal practice for lawyers and establishing new rules to govern management of expert evidence in civil proceedings. however, overall, they have been relatively overall, they however, the rules have From the outset minor. provide well and they continue to worked a fair and effi The operation and effectiveness of the Rules UCPR are constantly monitored by the Committee which is a standing committee established under Section 118C Uniform Civil Procedure Rules Rules Procedure Uniform Civil Rules (UCPR) The Uniform Civil Procedure for some fi have now been in force Some teething diffi practitioners and the courts. These rules represented a quite radical in this change in civil practice and procedure of state – not only in having a common set rules for all three courts, Supreme, District and Magistrates, but also in the procedure of and philosophy governing the institution proceedings, the progress of the proceedings through to determination, and the enforcement of the Courts’ decisions. The lodgements in the civil jurisdiction will The lodgements in the to determine whether be closely monitored claims in the past twelve the increase in civil of an upward months marks the beginning trend. Commonwealth Jurisdiction offences against the Custom Act 1901, Quarantine Act 1908, Financial Transaction Whilst most family law matters are now Reports Act 1988 and the Passports Act dealt with by the Federal Magistrate, 1938. the Commonwealth jurisdiction of the Queensland magistrates remains widespread. Over the last twelve months the Court dealt with over 50 fi shermen prosecuted for either Each Queensland magistrate may preside negligent use of a Marine Park Zone for over Commonwealth matters at any time, the purpose of fi shing – an offence raised however, in Brisbane one magistrate is under the Great Barrier Reef Marine Park delegated the industrial jurisdiction as Act 1975 or for offences pursuant to related well as all Commonwealth prosecutions Commonwealth Regulations. Whilst 159 and applications on a full-time basis in people came before the Court to answer Courtroom 40. ASIC charges arising from provisions of the Corporations Act 2001, court time on these The diversity of federal offences dealt with matters was reduced this year with only by state magistrates continues to be far eight committals proceeding through our reaching. The most frequent offences dealt courts. So far, the Court has dealt with only with statewide are those involving social one prosecution arising from the Aviation security dishonesty, failure to lodge income Transport Security Act 2004 - an offence tax returns and goods and services tax involving an attempt to smuggle a rifl e and activity statements. In respect to the social ammunition through an airport security security offences, throughout Queensland the checkpoint. Court dealt with over 700 pleas to summary offences and committed 29 defendants This is the fi rst annual report which includes charged with indictable offences under the statistics of lodgements in respect of Social Security Act 1991. As in past years, Commonwealth matters. This is contained in Murri Court Brisbane the Court was regularly concerned with Appendix 4. in session.

32 Queensland Magistrates Courts Our Courts 33 ng, In the new Brisbane Magistrates Courthouse In the new Brisbane Murri Court. This there is a purpose built conducted so as not Court is designed and the defendants and to be intimidating to who attend it. other indigenous people art on the walls and the There is indigenous in a circle around a participants are seated The magistrate does not large oval bar table. seated at the bar table wear a gown and is at eye level with the offender and all other participants. The bench remains empty. or Also seated at the bar table are the elders the respected persons, the depositions clerk, police prosecutor who is in plain clothes, a representative of the Department of Corrective Services, the legal representative, offender’s family or and the the offender, support people. At the commencement of each matter all if the participants introduce themselves and, this includes custodial person is in custody, staff. that Although there is no formal requirement the victim be present or invited to attend, there the police prosecutor, through recently, in have been victims who have participated sentencing. This year the Murri Court met with representatives of the Alternate Dispute Resolution Centre seeking to include their input and participation so that victims, in appropriate matters, may be involved in the sentencing process so that the Court’s restorative justice model is enhanced. the Murri Court has met with This year, a number of indigenous and mainstream organisations which may assist the Court by providing resources or programs which might address underlying causes or issues related to offending. This assistance may be at a pre-sentence stage, at the time of sentencing, or when referred to agencies ancillary to sentencing. For example, the Court deals with agencies with expertise in areas of mental health, drug or alcohol abuse including chroming or sniffi domestic violence, employment, separation of indigenous children from their families, and chronic health issues. (Qld) cial to cial cant role in rst sat on cers to listen to Penalties and Sentences Act 1992 and Sentences Act Penalties Annual Report 2004—2005 2004—2005 Report Annual The Although the magistrate ultimately makes decisions on sentence, in the Murri Court the magistrate is assisted by indigenous elders or respected persons. In the Brisbane Murri Court, there are two indigenous elders or respected persons who assist the magistrate. sentencing. In some cases, these factors can help determine a sentence more benefi the community. governs sentencing in criminal matters in Queensland. Section 9(2)(o) of that requires judicial offi Act submissions from elders or respected persons from the indigenous community when sentencing indigenous offenders. The Murri Court operates against the background of the recognised disproportionate representation of indigenous offenders in prison, high rates of recidivism, and frequent failure of indigenous offenders to actually appear in court when required. In this context, the Murri Court has developed an holistic approach to matters which come before it, cultural, social recognising that community, or other factors can play a signifi Participation in the Murri Court is voluntary in the Murri Participation Strait and not all Aborigines and Torres the Islanders who have matters resolved in Magistrates Court elect to have their matters dealt with in the Murri Court; although, matters do. Generally, many increasingly, of are referred to the Murri Court if a period imprisonment is a reasonable likelihood. The Murri Court is a Queensland Magistrates The Murri Court is a sentences for adult Court which determines Strait Islanders who Aborigines and Torres its plead guilty to offences which fall within jurisdiction. Brisbane Murri Court Brisbane Court fi The Brisbane Murri on August 2002. It now sits weekly 21 afternoons. Wednesday Murri Court Murri Court continued

The Murri Court recently met with elders A majority of the people appearing before and respected persons and the result of the the Murri Court were from Aboriginal meeting was an increase in the number of Communities outside Mount Isa – mostly people available for the roster to sit with from the Northern Territory. Some of these the Murri Court. Unfortunately at this people were from communities that spoke time, the elders and respected persons are English as a second language and on two not paid the nominal fee for travelling occasions, the Aboriginal elder assisting the and minor expenses. The Court will make Murri Court was required to interpret for the further submissions to relevant government Court because both defendants had diffi culty departments to fund this fee, estimated at with the English language. $35 per sitting. Since the pilot ceased, the various The number of indigenous offenders stakeholders have been involved in the sentenced by the Murri Court is steadily evaluation process. During this time, the increasing. The Brisbane Murri Court is also Mount Isa Community Justice Group has looking towards sitting for one full day per conducted a Confl ict Resolution Training week. At this time, the Magistrates Court Course for the elders with the assistance will have to manage this within its existing of the Dispute Resolution Branch of the resources. However, the Court will seek Department of Justice and Attorney-General. government assistance to provide resources The Community Justice Group is also in so that a Court Offi cer may be appointed the process of arranging six elders from to assist the Murri Court. The Court Offi cer Mount Isa to undertake a training course at would have numerous functions including Tennant Creek, Northern Territory to become coordinating the processes of the Murri Accredited Court Interpreters for use in the Court, liaising with all participants, and Murri Court. providing assessment and monitoring of the offender before and after sentence. The Department of Corrective Services has advised of a number of positive results of the The Murri Court is open to the public. The operation of the Court. There was an increase Brisbane Murri Court sits in Court 32 in in the programs provided to offenders the new Brisbane Magistrates Court at 363 in Mount Isa, Doomadgee, Mornington George Street. Observers and interested Island and Normanton. The interaction people are welcome. of agencies and community groups that arose from the court was a signifi cant A Youth Murri Court continues to operate factor in the development of a combined at the Brisbane Childrens Court. This is whole-of-Government and community discussed in the Childrens Court section of Domestic Violence Action Group. It was also this report. a contributor to the Regional Managers’ Coordination Network identifying domestic Mount Isa Murri Court violence as a priority project for the region. The Murri Court which was initially set up Due to the success of the Murri Court in the as a pilot for twelve months commenced in pilot stage and the increased commitment by Mount Isa on 12 February 2004. It has now the various stakeholders the Murri Court is been reviewed and evaluated. due to re-commence on 4 October 2005. During the pilot period, 61 defendants appeared before the Murri Court. All but four defendants were before the Court for domestic violence related offences. One person was sentenced to actual imprisonment and only four of the defendants reoffended whilst on community based orders.

34 Queensland Magistrates Courts Our Courts 35 cant exibility ts not only for The Fitzroy Basin Elders and Yoombudda and Yoombudda The Fitzroy Basin Elders Justice Group gNujeena Community something to tell (meaning “Listen I have with invaluable you”) provide the Court the offender support information and offer orders. They work to comply with the to address with community organisations their offending the issues which underlie true rehabilitation In this way, behaviour. can be achieved, with benefi but also the offender and his or her family, for the community at large. Offenders have also found that the process is meaningful for them. They have reported feeling that they have understood the process and have been listened to. They clearly receive the message from the elders that their behaviour is is condemned in strong terms but there support available for them to help them mend their ways. There has been some input from victims in the process through Victim Impact Statements presented by the Police Court is looking the Prosecutor; however, forward to the introduction of a Victims Support Service (auspiced by the Community Legal Service) which will allow the fl to for victims to attend Court if they wish the have input by giving information about effect of the offending on them, either in person or through the support worker. Murri Court In November 2004, Youth commenced with the assistance of the Fitzroy Basin Elders and Milbi Inc which commenced the Listen and Learn Community Justice Group. The percentage of indigenous young people placed on supervised orders has reduced from around 60% to 45% Community Justice Group since the Youth commenced regular attendance at Court. This demonstrates an overall reduction in offending because the majority of young offenders are placed on supervised orders. The Justice Group’s assistance to young people and their families has been signifi in so many material and practical ways and Murri Court their involvement in Youth bodes well for the future. cult to cult cant growth, cant Corrections ce of Community Many of the offenders have been placed Many of the offenders have been placed on Intensive Probation Orders which have to proved to be the most successful orders date (almost 80% success). Those orders regularly include special conditions which require the offender to attend weekly visits with the Fitzroy Basin Elders, visits with the Community Justice Group, programs offered by the offi comply with. They sometimes sit alongside suspended sentences for more serious offences. Recidivism rates remain low. As at the end Recidivism rates remain low. of 2004, the success rate for the general dealt reduction in recidivism in the offenders of with in Murri Court was 69%. A study the nature of recidivist offending is being may be to identify factors which undertaken of offenders further addressed for the 31% who re-offend after Murri Court. (usually Ending Offending and Ending Family Violence), counselling and treatment and Other Drug with Alcohol Tobacco for alcohol and substance Services (ATODS) abuse, counselling with Helem Yumba Healing Centre for domestic and family violence, counselling and/or treatment at Aboriginal Mental Health, etc. These orders are onerous and can be diffi The Court has been operating for two years The Court has been operating for two years many with many success stories of offenders, of whom have serious offending history, rehabilitating themselves with the assistance of the indigenous community. The adult Murri Court process has continued The adult Murri Court are reconnected with to be a way offenders and all of the their indigenous community and wisdom that the support, knowledge community brings. progress and success in the Rockhampton progress and success Murri Court. Rockhampton Murri Court Murri Rockhampton signifi The past year has seen Annual Report 2004—2005 2004—2005 Report Annual Murri Court continued

The Youth Community Justice Group Childrens Court consists of a very experienced group of people all working in and around indigenous A Childrens Court magistrate has the power, community organisations focusing on authority and jurisdiction of a Magistrates young people. The programs which they Court under the provisions of the Justices can access (from the Skills Centre to Act 1886. If a Childrens Court magistrate is Mental Heath treatment and a range of not available, any magistrate may constitute counselling and health options) supplement a Childrens Court. the growing diversity of programs being offered by Department of Communities in Criminal Rockhampton, including the U-Turn program The Childrens Court magistrate has developed and implemented in Rockhampton jurisdiction: by Queensland Transport, in partnership with • to hear and determine all simple offences. the Department of Communities. U-Turn addresses all matters relating to driving, • upon the defendant’s election, to hear licensing, responsibility, maintenance of and determine an indictable offence vehicles and the law and was very well (other than a serious offence as defi ned received by young offenders when fi rst made in s.8 of the Juvenile Justice Act 1992 available in 2005. Community Based Orders, (the Act)) in a summary way. Conditional Bail programs and Conditional • to conduct committal proceedings for Release Orders all include a growing array of indictable offences. programs to help divert young people from • hear and determine bail applications. offending behaviour. One of the major innovations of the In August 2005, Magistrate Hennessey and Childrens Court Brisbane has been the the Rockhampton Murri Court team will host establishment of the Youth Murri Court a three day seminar on Murri Court processes which deals exclusively with young for the Townsville/Thuringowa Community indigenous offenders. A number of elders Justice Group, Magistrate Glasgow, Registrar or respected persons sit with the magistrate Greg Johannesen, DATSIP Regional Manager to provide information on relevant cultural Greg Anderson, Community Corrections issues. They also have the opportunity to Offi cer Steve Summers and others. This interact with the defendants, their families sharing of knowledge, experience and views and support persons. The number of will surely benefi t all involved as Townsville indigenous offenders have been in a steady looks towards the future and develops its decline since the introduction of the Court. own Murri Court process. The Court started on 30 March 2004 and sits once a month. The Court’s procedure was described in the 2003 – 2004 Annual Report. As indicated there, it is the magistrate who makes the fi nal decision and order as to the appropriate sentence. The elders and support persons have expressed enormous support for the Court.

The Childrens Court congratulates Mr Albert Holt on his recent award as Australian Male Elder of the Year.

36 Queensland Magistrates Courts Our Courts 37 Child are made to the Infant Mental Health Conference. They were Infant Mental Health and differences interested in the similarities and organisations. in the court processes interest in the process They both expressed and the Justice Conferencing of the Youth Aboriginal and Torres involvement of the in the Youth Strait Islander communities Murri Court. Ms Moira Buchanan, Trustee of the Learning and Behaviour Charitable Trust of New Zealand, gave a presentation at the Brisbane Childrens Court to a group of youth workers, youth lawyers, police and the Childrens Court Magistrate on issues related to children with learning and behavioural issues. Child Protection Issues Child Protection Applications for orders under the 1999 Protection Act Childrens Court by the Department of Child Safety which now has responsibility for Applications may be for a children’s safety. Order in chambers or Assessment Temporary or to the Court for a Court Assessment Order a Child Protection Order. also As part of the reform process there have been a number of legislative amendments the that impact on the applications before Court. There is now a requirement that the Court must approve a Case Plan that has been created to deal with the special requirements of each child. The Case Plan is to be developed at a Family Group Meeting. A contested application for a Child Protection Order must proceed to a conference before a court hearing can take Malone, the conference place. Mr Paul chairman, now has the assistance of Mr Rob Turra to deal with the conference demands they conducted over of the state. Together, It is anticipated 650 conferences last year. that an additional person will be appointed to help minimise the periods of adjournment whilst awaiting a conference. Visitors Annual Report 2004—2005 2004—2005 Report Annual The Childrens Court magistrate has received a number of international visitors. Judge Cindy Lederman, Presiding Judge of the Juvenile Court in Miami-Dade County Florida and Professor Joy Osofsky, psychologist and psychoanalyst involved with infants, children and families exposed to violence and maltreatment, recently attended the Childrens Court Brisbane Childrens Court as guests of Mr Pascoe, Magistrate. Judge Lederman and Professor Osofsky were in Brisbane as Keynote at the Australian Association for Speakers International International Bail applications for defendants in custody Bail applications for defendants in custody can now be made without the defendant having to travel into the Court and spend time in the holding cells. The court has used the video link for a sentence of a young All parties concerned, including the offender. defendant, commented that this was a most satisfactory method of dealing with the case. Video Link Applications Link Video Following the installation of the appropriate technology in the Brisbane Childrens Court, video link proceedings can be conducted with the Brisbane Detention Centre. Suitable protocols have been agreed between the Detention Centre, youth Brisbane Youth lawyers and the Childrens Court. The protocol is generally consistent with the protocol adopted for the Magistrates Court. This sentencing option, based on restorative This sentencing option, based on restorative justice principles, continues to be a successful alternative to the traditional punitive sentencing approach. A youth justice conference involves a young A youth justice conference found guilty of an person who has been with the victim of offence coming together the young person’s the offence to discuss The conference offending behaviour. an agreement between attempts to arrive at appropriate outcome for the parties as to an the offender. Youth Justice Conferencing Justice Youth Domestic and Family Violence • a spousal relationship; • an intimate personal relationship; After substantial amendment in March of 2003, legislative provisions for domestic • a family relationship; and and family violence under the Domestic • an informal care relationship. and Family Violence Protection Act 1989 The main purpose of the Act is achieved extended the types of relationships in which by allowing a court to make a Domestic a party to any one of those relationships Violence Order to provide protection for the could make application to a Magistrates person against further domestic violence. Court for orders to attempt to achieve protection from violence or threatened Domestic violence includes acts that a violence. person has committed against another person in a domestic relationship Section 3A of the Act states that the main Legal Aid Queensland including wilful injury, wilful damage to purpose of the Act is to provide for the offers a Court the other person’s property, intimidation Assistance Service safety and protection of a person from or harassment of the spouse, indecent to aggrieved people domestic violence committed by someone behaviour to the spouse without consent, or in a secure waiting else if any of the following domestic a threat to commit those acts. A person who lounge at Brisbane relationships exist between two people: counsels or procures someone else to commit Magistrates Court. such acts is taken to have committed the act.

A signifi cant change in the legislation is that (apart from members of the armed services on duty, Australian Federal Police, Australian Customs Offi cers, and Protective Services Offi cers) no respondent to a domestic violence order will be permitted to possess a weapon or a weapons licence for any purpose including work.

Once a respondent to a Protection Order or a Temporary Protection Order has been notifi ed of the conditions of the order against him or her, if there is a breach of that order, the respondent may be convicted of a criminal offence and punished in accordance with provisions of Section 80 of the Act.

A court hearing an application under the Act is not open to the public.

An application can be made by a police offi cer for a temporary protection order by telephone, facsimile, telex, radio or other similar facility in certain circumstances.

Steps have been taken in the construction and refurbishment of courthouses to provide access to courtrooms so as to avoid unnecessary trauma and distress from open confrontation between parties. In larger

38 Queensland Magistrates Courts Our Courts 39

applications cant workload cant to gures supplied made and orders The waiting lounge for aggrieved people people aggrieved for lounge The waiting Courts Violence and Family Domestic attending ensuite and children for room play separate a has Domestic violence applications have Domestic violence applications over the past four increased by 42.4% from 2002 – 2003 to years. The increase and there has been 2003 – 2004 was 24%, This of 1% last year. a negligible decline of work in this area suggests that the volume as a result of the 2003 increased enormously now stabilised at that amendments and has level. It is noted that in the last annual report reference was made to a 75.8% increase in applications from 2002 – 2003 to 2003 – 2004. This was in fi dismissed during the past four reporting 4. An overview years are available in Table 5 of is provided for the same period in Table applications lodged and also the percentage These increase or decrease from year to year. tables demonstrate that on any analysis there has been a signifi increase for magistrates in this area. the Court. The Court has recently been of advised that this statistic was the result incorporating criminal charges (breaches of domestic violence orders) as domestic violence applications. Proceedings for breaches of Domestic Violence Orders or conditions are incorporated in the criminal lodgements in another section of the report. There were 7,485 charges for such offences charges 7889 in 2003 – 2004 and likewise in the period 2004 – 2005. The statistics that have been provided to the Court for the number of such applications over the 3 following. past four years are in Table Details of the cers Annual Report 2004—2005 2004—2005 Report Annual as to whether the concept of “enmeshed” as to whether the concept of “enmeshed” has been established in a particular case. It would therefore be of value if some greater legislative guidance was given as to the meaning of this term. The legislation in its present form creates some problems in making determinations. One example is that of determining where to the extent that lives are “enmeshed” the actions of one of them affects or has affected the actions or life of the other. As a result different interpretations may be made by independent judicial offi These amendments have provided an opportunity for more members of the community to seek the assistance of the Court in an endeavour to gain protection from those who engage in domestic violence. there has been a marked Consequently, increase in the number of applications brought before Magistrates Courts. While some courts are busier than others in dealing with matters under the domestic violence legislation, it is one of the duties of a magistrate that is emotionally demanding, regardless of the number of applications brought and heard before each court. centres, some measures have been adopted to centres, some measures have been adopted provide additional security in an endeavour in to protect vulnerable persons involved applications before the Court. Domestic and Family Violence continued

Table 3: Applications Lodged - Domestic and Family Violence Protection Act 1989

2001-2002 2002-2003 2003-2004 2004-2005 Change over four years

Number of Applications lodged 17,495 20,366 25,248 24,912

Percentage Change 16.4% 24.0% -1.3% 42.4%

Table 4: Orders Made and Applications Dismissed - Domestic and Family Violence Protection Act 1989

2001-2002 2002-2003 2003-2004 2004-2005 Change over four years

Number of Orders made 22,581 26,115 34,023 33,658

Percentage Change 15.7% 30.3% -1.1% 49.10%

Number of Applications Dismissed 2,892 3,010 4,184 4,848

Percentage Change 4.1% 39.0% 15.9% 67.60%

Total Orders Made and Applications Dismissed 25,473 29,125 38,207 38,506 116.70%

Table 5: Number of Domestic Violence Applications Lodge by Financial Year

2001-2002 2002-2003 2003-2004 2004-2005

Number of Applications Lodged 17,495 20,366 25,248 24,912

2001-2002 2002-2003 2003-2004 2001-2002 to to to to 2002-2003 2003-2004 2004-2005 2004-2005

Increase/Decrease and 2,871 4,882 -336 7,417

Percentage Change 16% 24% -1% 42%

40 Queensland Magistrates Courts Our Courts 41 Final Report on the Report Final Final report on the Final 1 Queensland South East Toni Dr by Drug Court and Keenan Makkai and Technical Veraar, No.6 Paper background of Institute Australian available is Criminology from www.aic.gov.au/ publications/tbp/ tbp006.html 2 Queensland South East is Pilot Drug Court from available www.justice.qld.gov. au/courts/factsht/ C10DrugCrt.htm#7

1 nalised with a view

2 cations required cations ed to increase the to ensuring the pilot program is fi by the Drug Court remaining a permanent discrete jurisdiction within the Magistrates Court together with modifi for a permanent operation because the pilot program has shown that the cycle of drug using the addiction and crime can be broken This has involved consultation with IDRO. the Court. There are now eleven magistrates who have been trained in the Drug Court processes and allocated the functions of a pilot program magistrate. The Drug Court is able to manage up to 140 IDRO participants at any one time. It has always been envisaged up to 18 that IDRO participants would take months to complete the IDRO. and by Magistrate Costanzo More recently in South East Queensland More recently in South attached to the the rehabilitation program IDRO is being modifi to engage with requirement for participants A current trial reduces treatment providers. a participant’s weekly the requirement for at court to enable or fortnightly attendance This Team. attendance with a Treatment use of Treatment follows the successful Drug Court. by the North Queensland Teams As research indicates that the subjective input from the participant is critical to their rehabilitation, the method of the is participant focused. It Treatment Team aims to motivate the participant by the use of encouragement, assist in accessing necessary support/skills to address problems, and explore/encourage techniques to method prevent relapse. The Treatment Team provides opportunities for the participant their greater responsibility for to take rehabilitation. The method also has capacity to provide interagency consistency of understanding, to minimise manipulation/ misinformation by the participant, and to provide a cohesive approach to the participant’s rehabilitation. The government is considering the recommendations made by Dr Makkai and associated cer, a clinical nurse cer, Drug Rehabilitation to improve their ability to function as law abiding citizens; to improve their employability; and to improve their health. pressure on resources in the court and prison systems. to identify drug dependant persons who are suitable to receive intensive drug rehabilitation; the level of drug dependency in the community; the level of criminal activity associated with drug dependency; health risks to the community associated with drug dependency; and Annual Report 2004—2005 2004—2005 Report Annual • • • • • • • • (Court Diversion) Act 2000 (Court Diversion) Act The relevant law for the Drug Court is contained in the The Queensland Drug Court pilot program The Queensland Drug since 13 June 2000 has been operating at Beenleigh, in South East Queensland courts and since Southport and Ipswich Queensland at November 2002 in North and Cairns. The option of going Townsville Rehabilitation Order into an Intensive Drug (IDRO) is not available at any other court. The pilot program has been further extended 2006. December to 31 Regulations. This legislation aims to reduce: Drug Court consultant, the Drug Court registrar and the Magistrate. The Queensland Health Department assists with access to non- government rehabilitation treatment facilities (both inpatient and outpatient) and with conducting programs in the This collaborative approach has community. developed an understanding of the division of skills necessary to formulate appropriate treatment regimes within the IDRO. The Drug Court has from inception worked The Drug Court has from inception worked in collaboration with other organisations. The Drug Court team at each Drug Court a defence consists of a police prosecutor, solicitor from Legal Aid Queensland, a corrective services offi The objective of the Drug Court is: Drug Court continued

There was a cessation of referrals to the Drug As at 30 June 2005 there have been 1,141 Court during the period December 2002 and referrals to Drug Court (being 852 in SEQ 22 August 2003. This was for the purpose of and 289 NQ). Outcome of referrals for this the evaluation by Dr Makkai. More recently period has been as follows: there was a cessation of referrals to the Ipswich Drug Court for a short period.

Table 6

Total South East Qld Townsville Cairns

Intensive Drug Rehabilitation Orders made 595 453 81 61

Defendants awaiting a Drug Court decision on eligibility or for residential beds to become available 39 20 14 5

Defendants who absconded before receiving an IDRO 32 20 5 7

Ineligible defendants who have been remitted to the Magistrates Court or sentenced in the Drug Court 475 359 63 53

Table 7 Outcome of the 595 IDROs has been as follows:

Total South East Qld Townsville Cairns

Defendants failed to appear and are currently at large (IDROs not yet terminated) 23 20 1 2

Defendants removed from the program, including those terminated at their own request and four deceased 319 249 41 29

Defendants actively participating in their IDROs 102 68 19 15

Defendants who have graduated from the program 151 116 19 16

Of the 102 active participants referred to above: • 38 are on inpatient programs (South East Queensland 28, Townsville 7, Cairns 3). • 64 are on outpatient programs (South East Queensland 40, Townsville 12, Cairns 12), including 20 (South East Queensland 10, Townsville 5, Cairns 5) in supported accommodation. The 38 participants on inpatient programs are at the facilities as detailed in Table 8 (South East Queensland 28, Townsville 7, Cairns 3):

42 Queensland Magistrates Courts Our Courts 43 ed as indigenous ed as indigenous ed as indigenous (Townsville 9, (Townsville ed as indigenous ed as indigenous (Townsville 3, ed as indigenous (Townsville ed as indigenous (Townsville 22, 22, ed as indigenous (Townsville 8, ed as indigenous (Townsville 6, ed as indigenous (Townsville Of the 65 removed from the program, 5 Of the 65 removed from the program, 5 identifi Cairns 2) Of the 289 referred to the Drug Court, 32 Of the 289 referred identifi Cairns 10) to the Drug Court, Of the 142 admitted 14 identifi Cairns 5) Drug Court decision Of the 19 awaiting a on admission, 4 identifi 0) 4, Cairns (Townsville 12 referrals deemed ineligible, Of the 116 identifi Cairns 4) Of the 34 currently on the program, 7 identifi Cairns 1) Of the 35 who have graduated the program, 1 identifi 1) 0, Cairns (Townsville • Drug of Development Professional Magistrates Court Drug Court magistrates are required to perform more expansive functions than magistrates are generally required to as a consequence of the direct undertake interaction an IDRO participant has with the magistrate in the Drug Court for the Development of skills entirety of the IDRO. in this area is an ongoing commitment and it is for this reason the Annual Magistrates Conference includes an extension especially for the Drug Court magistrates. It provides the opportunity for the Drug Court magistrates to learn from each other’s experiences and obtain updated information about drug use and current responses to it. For example, at this year’s conference a representative from Queensland Injecting Drug Users Health Network presented a paper entitled “What is currently happening on the streets” updating information about current drug use. One magistrate also reported on a visit to the NSW Drug Court which is convened at Parramatta. Indigenous participation North Queensland: Indigenous participation • • • • • • ed as ed

ed as indigenous ed as indigenous ed as indigenous ed as indigenous ed as indigenous ed as indigenous Of the 116 who have graduated the Of the 116 identifi program, 10 Of the 249 removed from the program, 32 identifi indigenous Of the 359 referrals deemed ineligible, 29 identifi Of the 88 currently on the program, 5 identifi Of the 852 referred to the Drug Court, 80 identifi Of the 453 admitted to the Drug Court, 47 identifi Of the 20 who absconded before 3 identifi receiving an IDRO, 12 are on Phase Three (South East 3, Cairns 1). Queensland 8, Townsville 78 are on Phase One (South East 11); Cairns 11, Queensland 56, Townsville 35 are on Phase Two (South East 6, Cairns 5); Queensland 24, Townsville and (bracket no. = capacity) (bracket Goldbridge (5)—South East Queensland—1 Fairhaven (11)—South East Queensland—7 Fairhaven (11)—South Ozcare (10)—Cairns—3 Logan House (7)—South East Queensland—6 Stagpole Street (2)—Townsville—1 Moonyah (15)—South East Queensland—9 Moonyah (15)—South Ozcare (8)—Townsville—6 Residencial Rehabilitation Centres Rehabilitation Residencial Queensland—5 Mirikai (8)—South East Annual Report 2004—2005 2004—2005 Report Annual • • • • • • • • • • Table 8 Table Indigenous participation South East Queensland: Of the 125 IDROs current (being 88 in South Of the 125 IDROs current (being 88 in South and 17 in East Queensland, 20 in Townsville by Cairns), including those currently at large way of having absconded, the distribution between the phases of the rehabilitation program is that – Drug Court continued

The magistrates also undertook learning These cases are given special attention about motivational interviewing techniques because they relate to people who, because to assist shift courtroom interaction from of their vulnerability, incapacity or the strict adversarial environment to incarceration, are not able to as effectively one that encompasses a more inquisitive care for their own wellbeing and the tone allowing wider scope for addressing responsibility to do so has been given to discrepancies between what is said and an offi cial. These deaths are scrutinised what is done by a participant without by a coroner to enure that offi cials have engendering defensiveness. The magistrates satisfactorily discharged their responsibility. were reminded that what is said (content) as well as how it is said (style) is critical All coroners are also magistrates. In every for motivating people to consider changing centre other than Brisbane, the local their behaviour. Some of the underlying magistrate is also the local coroner and assumptions upon which motivational coronial work is only one part, albeit an interviewing techniques are based include important part, of the judicial offi cer’s accepting that how a problem is understood role. In Brisbane, the Deputy State Coroner dictates how to respond to it and that the devotes all her time to coronial matters. interaction style of the magistrate or person The State Coroner is responsible for in the therapeutic role is infl uential. organising and administering the coronial system and providing assistance and guidance to local coroners. He has primary Coroners Court responsibility for the investigation of deaths Role and Functions of the Coroner in custody and upon request assumes responsibility for lengthy matters that would Any death that does not result from old age cause diffi culties for the smooth functioning or the natural progression of disease must of regional courts. be reported to a coroner for investigation. In the Coroners Act 2003 these deaths are Coroners are required to make fi ndings broken down into more specifi c categories that identify the person who died and such as violent or unnatural deaths, explain when, where and how they died. suspicious deaths, and deaths that are not Coroners can not personally undertake the expected outcome of a health procedure. all of the investigative steps required to Accordingly, deaths from motor vehicle gather the information necessary to make accidents, suicides, homicides, industrial those fi ndings. A coroner can be seen as accidents, drownings, deaths during surgery, the leader of a multi-disciplinary team, and sudden unexpected deaths from natural the members of which change depending causes must be reported to a coroner. upon the circumstances of the death under investigation. They rely on forensic In addition, deaths in custody and deaths pathologists, detectives and numerous other in care must also be reported even if they experts who have the knowledge relevant result from natural causes and they are not to an understanding of the myriad of ways unexpected or sudden. These categories of in which people die. For example, traffi c deaths are exhaustively defi ned by the Act engineers can estimate how fast vehicles to include prisoners or people attempting to were travelling when they collided by avoid being taken into custody, children in examining skid marks and wreckage, or the care of the Department of Child Safety, metallurgists can say whether or not changes people who are the subject of an involuntary in a boat’s propeller might have contributed treatment order under the Mental Heath Act to it running out of control. 2000, and those with a disability recognised by the Disability Services Act 1992.

44 Queensland Magistrates Courts Our Courts 45 ts all” ts ce of State ndings are made expeditiously. This also are made expeditiously. ndings No longer is there a “one size fi No longer is there a or coronial approach to autopsies coronial deaths are sad investigations. Most to the family of the events that bring grief there is great variance deceased. However, the circumstances of in the complexity of for systematic death and in the opportunity individual deaths may improvements that the cause of death present. In cases where can be reliably determined soon after the death occurs and it was evidently unavoidable, little is to be gained by a the prolonged investigation. It is better for family and any others involved if coroner’s fi allows more resources to be devoted to those deaths which can not be as readily to explained or which indicate that a change systems or procedures, designs or processes deaths of similar might reduce the likelihood occurring in the future. to Details of the number of deaths reported coroners and their outcome will be included in the annual report of the Offi Coroner. cations which came into effect rst full year of operation of system ndings. For example, the new Annual Report 2004—2005 2004—2005 Report Annual of the doctor who is to undertake it, and to of the doctor who is to undertake into account the views of the family of take the deceased when making these decisions. requires coroners to stipulate the type of the qualifi autopsy to be undertaken, A major change of the new system has been to reinvigorate the central role of the coroner in giving direction to the investigation from time of death through to the making of fi One of the challenges for coroners, court One of the challenges for coroners, court staff and legal practitioners has been the need to operate with two coronial systems deaths still running in parallel as “old” Act their way through the system. It is make anticipated that by the end of 2005 all of these matters will have been dealt with. Understandably there were still “teething” Understandably there were still “teething” problems to work through as police, doctors, their lawyers and funeral directors adjusted the practise and expectations to align with which very different focus of the new system a seeks to learn from sudden deaths with view to preventing similar deaths occurring in the future. This is the fi the the new coronial system introduced by 2003 Coroners Act on 1 December 2003. As such 2004 – 2005 was a year of consolidation after the initial had challenges of changing to a new system been met. The New Coronial System The New Coronial An inquest is part of an investigation. It is An inquest is part of which witnesses give a public hearing at examined by the evidence and are cross of those who have a legal representatives death – the family special interest in the relevant union and/ of the deceased, the At inquests, experts make or employer. aimed at reducing suggestions for changes of further deaths. the likelihood Mr Bill Randall Small Claims Tribunal Magistrate Randall continues to sit at presiding as referee Brisbane as the full-time referee. A second in the Small Claims In November 2004 the Brisbane Small magistrate assists the small claims referee Tribunal Brisbane. Claims Tribunal moved to the new on a regular basis for three days each week. Magistrates Court Building at 363 George In all other Magistrates Courts districts, the Street, Brisbane. Claims and general local magistrates deal with the small claims enquiries are processed through the general matters. registry on the ground fl oor of that building, with the hearing rooms – Rooms 28 and The monetary limit of this jurisdiction has 29 – being situated on the sixth fl oor. The remained at $7,500 since May 2000. registry processes all small claims within the On the fi gures provided to the court there Brisbane metropolitan area. Consequently, has been a reduction in the number of small small claims hearings are not dealt with claims fi led in the last four years as set out in the Magistrates Courts at Redcliffe, in Table 9: Sandgate, Wynnum, Cleveland, Beenleigh, Holland Park, or Richlands.

46 Queensland Magistrates Courts Our Courts 47 Small Claims nancial year, year, nancial . Where this cannot be ce training program, and Variations to the Jurisdiction Variations Mediation Project – Brisbane Small Small – Brisbane Mediation Project Tribunal Claims The primary function of the small claims referee is to attempt to bring the disputing parties to a settlement acceptable to them as of the provided in section 10 1973 Tribunal Act achieved, the referee proceeds to a hearing orders that of the dispute and then makes are fair and equitable. During the 2004 – 2005 fi no legislation was passed that altered the jurisdiction of the tribunal. and Consultation Communication In order to increase community understanding of the work of the tribunal, issue Mr Randall contributes articles to each and these articles are magazine of the RTA website www.rta.qld. available on the RTA past 12 months, he has also In the gov.au. addressed seminars for property managers, the Legal Aid offi Service. and Advocacy Advice the Tenant Mr Randall has also been involved in several projects involving Homelessness. The Chief Magistrate addressed a meeting Forum in September 2004 which of the RTA guide for Handling launched the new RTA Disputes. The Chief Magistrate and Tenancy Mr Randall were consulted on the content of this guide. An updated Memorandum of Understanding governing the interaction between the Courts was entered into during the and the RTA year. led in led makes makes Small Claims Lodged - Magistrates Court - Magistrates Lodged Claims Small led without the parties attempting Residential Tenancies Act 1994 Act Residential Tenancies claims by a tenant to be removed from a tenant database. claims by a lessor to terminate the tenancy due to breach by tenant; claims by a tenant for emergency repairs; claims by either the lessor or the tenant to terminate the tenancy due to excessive hardship; and 2001-2002 2002-2003 2003-2004 2004-2005 Change over Change 2004-2005 2003-2004 2002-2003 2001-2002 Claims Small years Change Percentage four 18,637 17,537 -5.9% 18,766 16,813 7.0% -10.4% -9.8% led and is considered by the registry staff conciliation with the RTA and include the conciliation with the RTA following examples: The claims deemed urgent under the Act The claims deemed urgent under the Act can be fi provision for two distinct types of claims, provision for two distinct types of claims, referred to as “urgent claims” and “non- The claims which are not urgent claims”. cannot be deemed to be urgent under the Act processed by the tribunal unless the parties have been to the Residential Tenancies If the RTA for conciliation. Authority (RTA) issue is unable to resolve the dispute, it will party a “notice of unresolved dispute” to the must bringing the dispute and this document be produced before a claim can be fi the tribunal. Annual Report 2004—2005 2004—2005 Report Annual • • • • The Residential Tenancies Matters Tenancies Residential to be in need of an immediate hearing, the matter will be listed in the main hearing room on three days notice to the parties. The average time between lodgement and hearing ranges from seven to fourteen days for urgent claims and from six to eight weeks for non-urgent claims. If a claim is fi Table 9: Table Small Claims Tribunal continued

In March 2005, an initiative was undertaken The vast majority of cases are dealt with to reduce the waiting time between fi ling in Brisbane where there is a permanent and hearing of non-residential tenancy industrial magistrate. However, all claims in the Brisbane tribunal. The core magistrates can operate in the jurisdiction of the initiative is the involvement of and do so throughout the state as part of two mediators provided by the Dispute their normal work as a magistrate. Resolution Branch of the Department of Justice and Attorney-General. All non- The industrial magistrates’ jurisdiction covers residential tenancy claims are listed for the following broad categories: staggered time slots each Thursday with the • claims for workers’ compensation; maximum limit being 26. • claims for recovery of money; The parties are advised that mediation • recovery of charges, fees or premiums; will be available prior to the hearing and and that priority for the actual hearing will be • prosecutions of offences committed at the given to parties who attempt mediation. workplace. The parties are also advised that due to the numbers of matters listed some matters Claims for Workers’ Compensation may have to be adjourned to a further date for hearing. The object of the procedure is Injured workers are entitled to compensation to allow claims to be set down for hearing for injuries sustained at work or going to expediently and to quickly fi nalise claims or from work. The current legislation is the where the respondent does not appear or Workers’ Compensation and Rehabilitation Act where the tribunal has no jurisdiction. 2003. This Act continues the jurisdiction of Where both parties appear, the claim goes to the industrial magistrate to hear appeals from mediation fi rst and then to hearing should decisions made by various bodies set up by mediation fail. that Act to administer the scheme.

To date the project has been operating for Broadly speaking, an injured worker makes nineteen weeks and has reduced the diary a claim for compensation from WorkCover. listing time from eight weeks to two weeks. That decision can be reviewed by Q-Comp on A total of 365 matters have been listed with application by the claimant or the employer. only one matter having to be adjourned Those decisions can then be the subject of because of unavailability of hearing time. appeal in the Industrial Magistrates Court and The mediators have dealt with 108 cases and it is those cases which most dominate the have settled 56 of those. work performed by the industrial magistrate. Generally, the issues considered are whether or not there has been an injury, whether or not the employment is a signifi cant contributing Industrial Magistrates Court factor causing the injury and whether or not The Industrial Magistrates Court exists in the claimant is a worker. The appeals are accordance with Chapter 8 of the Industrial hearing “de novo” (hearings afresh). They are Relations Act 1999. It is a court of record full trials and are commonly quite lengthy. and has civil and criminal jurisdiction. More and more “stress” claims are coming before the Industrial Magistrates Court and, An industrial magistrate can be any because of the issues involved, such hearings magistrate or acting magistrate. The sheer are usually lengthy. volume of work in Brisbane dictates the necessity for the appointment of a full The Workers’ Compensation and time industrial magistrate responsible Rehabilitation and other Acts Amendment for all work in the industrial jurisdiction Act 2004 (Qld) amends the Workers’ and Commonwealth prosecutions and Compensation and Rehabilitation Act 2003 applications (other than family law matters). (Qld).

48 Queensland Magistrates Courts Our Courts 49 Workers’ Workers’ (see section cant. Workers’ Workers’ nal appeal court Workplace Health Workplace (see section164(3)); ts, failure to keep wage ts, failure to keep : see sections 561 and 562. : see sections 561 and appeals from decisions made by and appeals from decisions and offences and wage claims under the 1999 Industrial Relations Act 341(2)); prosecutions under the 1995 and Safety Act appeals from review decisions, and non-reviewable decisions, on claims for compensation under the Compensation and Rehabilitation Act Compensation and Rehabilitation Act 2003 Appeals from Decisions of the of from Decisions Appeals Court Magistrates Industrial Appeals from decisions of the Industrial Magistrates Court are made to the Industrial Court of Queensland. These are industrial magistrates’ decisions on: • • • Recovery of Charges, Fees or Premiums Fees Charges, of Recovery such as WorkCover Some statutory bodies, to recover Queensland, are empowered in the charges, fees or premiums Court. This includes Industrial Magistrates to the premiums payable through Act Compensation and Rehabilitation 2003 payable concerning the premium WorkCover by an individual employer. at Committed Offences Prosecution of the Workplace that create There are a number of Acts offences which are prosecuted in the Industrial Magistrates Court. The areas covered include fraudulent claims for pay award compensation, failure to workers’ wages and benefi records, and failure to ensure the workplace health and safety of employees. The penalties imposed in these areas are signifi The Industrial Court is the fi Health for prosecutions under the Workplace and the Industrial Relations and Safety Act and for compensation claims under the Act, ‘Compensation and Rehabilitation Workers Act. . . This allows Industrial Relations Act 1999 Industrial Relations Act forum.uence the choice of cant respects, a careful assessment will Annual Report 2004—2005 2004—2005 Report Annual for the Industrial Magistrates to hear disputes concerning recovery of wages in the federal award area. A claimant may choose small claims’ procedures in the Industrial Magistrates Court if the amount pursued This is a more is not more than $10,000. informal procedure where the parties are not bound by the rules of evidence and the magistrate may act without regard to legal forms and technicalities. Jurisdiction is also conferred under the 1996 Relations Act Workplace The Industrial Magistrates Court jurisdiction arises from the lessNow that claims for recovery of wages of than $20,000 can be pursued in the Industrial Relations Commission, the number of claims pursued in the Industrial Magistrates Court has decreased. In both jurisdictions the application must be made within six years after the amount claimed became payable. Claims for Recovery of Money of for Recovery Claims However, one important consideration will be one important However, whether or not a party wishes to be legally represented at the hearing of the appeal. Court, the the Industrial Magistrates Unlike isright to legal representation in a hearing not automatic in the QIRC. It is not yet clear legalhow the QIRC will approach the issue of representation for these appeals. need to be made in each case to determine inneed to be made in each case to determine which forum a party should start an appeal. In some cases, the subject matter of the appeal may infl As the procedures of the Industrial Magistrates Court and QIRC differ in many signifi Under amendments introduced by the Under amendments an appeal against a amending Act, can be made to either decision by Q-Comp Court or the the Industrial Magistrates Relations Commission Queensland Industrial only be started with (QIRC). An appeal may on These changes will commence one body. a date yet to be proclaimed. Transport Operations Acts • Vehicle Standards and Safety – to ensure vehicles comply with safety standards Transport and traffi c matters make up a and requirements; substantial part of the work performed by • Vehicle Registration – to provide a Magistrates Courts throughout Queensland. system to register vehicles and to check The average citizen appearing before a compliance with other standards of Magistrates Court is more likely to be there vehicles being used in public places; for a breach of the legislation relating to the operation and/or control of vehicles than • Road Rules – to provide a safe and for any other offence. The most common effi cient system for the operation and offences include drink driving, unlicensed movement of vehicles; and driving, driving without due care and • Driver Licensing – to provide a system attention, and breaches of the road rules that ensures vehicle operators are safe such as speeding, failing to stop at a red and competent in the management and light, etc. control of vehicles.

The legislation administered under this The Court also deals with certain appeals heading is an indication of the varied and applications arising from either the Act nature of the work. The pieces of legislation or the Regulations. By far the largest number include: of matters are for appeals against licence • Transport Infrastructure Act 1994; suspension following the accumulation of demerit points and applications for a • Transport Operations (Marine Pollution) restricted licence following a fi nding or Act 1995; admission of guilt in some drink driving • Transport Operations (Marine Safety) Act charges. Appeals are also heard from 1994; administrative decisions to refuse licences to • Transport Operations (Passenger taxi drivers and bus drivers. Transport) Act 1994; Table 10 provides statistics on the number of • Transport Operations (Road Use charges and applications dealt with between Management) Act 1995; and 1 July 2004 to 30 June 2005, pursuant to • Transport Planning and Coordination Act this legislation: 1994.

In addition, regulations further govern the management and control of vehicles and these include: • Road Use Management – to provide for the control of vehicles under load or oversize; • Fatigue Management – to manage the fatigue of drivers in charge of heavy vehicles; • Passenger Transport – to provide for the operators of passenger transport to be accountable for performance and to ensure high levels of safety and effi ciency in meeting passenger needs;

50 Queensland Magistrates Courts Our Courts 51 81,340 83,285 81,340 Defendants Charges Defendants ehicle Standards and Safety) Regulation 1999 1999 and Safety) Regulation ehicle Standards Driver Licensing) Regulation 1999 Regulation 1999 Licensing) Driver – Fatigue Management) Regulation 1998 1998 Regulation – Fatigue Management) Regulation 1999 Registration) – Vehicle Goods) Regulation 1998 – Dangerous gement – Road Rules) Regulation 1999 – Road Rules) Regulation 1999 gement Transport Operation (Road Use Management) Regulation 1995 Regulation Management) (Road Use Operation Transport TOTAL TOTAL Section 14 Section 15 Section Sections Other Sub-Total – Management Use (Road Operations Transport 6 Section 19 Section Sections Other Sub-Total Management (Road Use Operations Transport 15 Section 17 Section Sections Other Sub-Total Mana (Road Use Operations Transport 20 Section 291 Section Sections Other Sub-Total 172 – V Management (Road Use 5 Operations Transport 80 93 Section 17 200 Section Sections 64 114 Other 345 Sub-Total 1,038 Management (Road Use Operations Transport 186 10 378 1,061 91 Section 76 Section Sections 192 Other 91 1,315 Sub-Total 1,344 76 1995 Act Management) Use (Road Operations Transport 78 93 42 Section 79 141 Section Sections 308 94 Other 211 4,543 Sub-Total 4,572 828 Management (Road Use Operations Transport 104 4,598 543 4,698 Section 144 852 Section Sections 9,943 Other Sub-Total 10,148 526 67 36 536 129 54 629 3,768 1,698 3,887 88 719 1,784 92 5,554 26,393 29,199 5,763 27,148 7,731 29,359 7,863 63,323 64,370 5 10 5 5 10 5 20 20 Annual Report 2004—2005 2004—2005 Report Annual Table 10 Table Court Administrator Signifi cant Events during 2004 – 2005 From the Desk of the Court Administrator Drug Court Program – by Paul Marschke In March 2005, Magistrate Costanzo The past twelve months have been completed his fi ve year association with the extremely rewarding in terms of the Drug Court in South East Queensland. His achievements of the administration tireless efforts are continued by Magistrate of the courts and its people. Thacker. As at 30 June 2005, 116 graduates had completed the program in South East There has been a major investment in staff Queensland. training with over 500 training placements in a variety of courses to assist staff to better There were 23 participants who graduated meet not only the needs of the judiciary from the North Queensland Drug Court but also to service the needs of our diverse pilot during the year bringing its total to 35 clients. graduates since it commenced in November 2002. Policy and procedures in our courts have been overhauled with the formation of a As at 30 June 2005, the Queensland wide panel to achieve best practice with new program celebrated its 151st graduate. This procedures and Circular Memoranda represented a 50% increase in the graduate distributed across the state. output of the program over the year and refl ected the Drug Court reaching maturity. Conferences are now occurring regularly which have enabled staff from as far away The pilot program legislation has been as Thursday Island to participate and extended to 31 December 2006. contribute. The program is described in detail on page Regular regional trips are being made by the 41 of this report. Court Administrator to experience fi rst hand the local issues and also the workload of the Illicit Drugs Court Diversion Program Registries. The positive evaluation of the Illicit Drugs The Magistrates Courts Branch has Court Diversion Program by Health Outcomes produced a Business Plan for 2005 – 2006. International Pty Ltd in September 2004 It is a dynamic document that sets out resulted in the program receiving additional the Magistrates Courts goals in line funding from the Commonwealth to roll out with the Department’s overall goals. It statewide to all Magistrates and Childrens provides a breakdown of the major work Courts commencing on 1 July 2005 until mid planned particularly to improve services to 2007. As at 30 June 2005, 1,986 offenders vulnerable people in the justice system. have been diverted, of which 100 were juveniles. The program continues to have a A major restructure is planned of compliance rate of approximately 93%. the Magistrates Courts Branch which provides strategic direction and service to courthouses. The fi rst appointments are expected by the end of the year. This will enable the Branch to provide a higher level of service to the Judiciary, Registries and to Senior Management of the Department.

52 Queensland Magistrates Courts Our Courts 53 oor of the Brisbane Magistrates Separate media rooms were arranged for Separate media rooms were arranged for other members of the media including ABC radio and The Courier Mail, where live broadcasts of the Inquiry could also be viewed via screens. The ABC radio station was also provided with digital recordings of the studios back to their proceedings to take for broadcasting and disseminating. Documents presented to the Commission were viewed using a document and displayed on large screens visualiser, both inside and outside the courtroom. The State Reporting Bureau provided a transcript of each day’s proceedings nightly to the Commission’s website. A wireless audio video link was installed A wireless audio video (ABC) to to allow the host broadcaster the courtroom broadcast directly from Coot-tha. This to their studio at Mt dispersed by the ABC broadcast was then to other television networks. the sound system Within the courtroom, to be linked enabled an audio feed microphone in the directly from every room, via the television cameras, to the Mt Coot-tha ABC station. As seating was limited in the courtroom, additional seating was installed in the public waiting area outside the courtroom, together with a large plasma screen. The proceedings could then be broadcast in real time directly to this screen for public viewing as well as to the chambers of the Commissioner on the 9th fl Court building. • • • • • • • At various stages during the hearing in Brisbane when the Commission was not in session, it was not uncommon for the media to broadcast their reports live from the actual courtroom. Despite the amount of public access granted the privacy of all visitors to to the Inquiry, the Magistrates Court was protected at all times. mmission of Commission of as well as the assistance ospital Co to the cant technical enhancements On 26 April 2005, Mr Anthony Morris QC was appointed by the Queensland Government to preside over a Commission of Inquiry into a number of wide-ranging health issues, including the allegations surrounding the appointment and at subsequent activities of Dr Jayant Patel the Bundaberg Hospital. Given the high there level of public interest in the Inquiry, was a strong commitment to ensure the media and public had full access to the proceedings where possible. With Court 34 of the Brisbane Magistrates Court selected as the appropriate location, the Department of Justice and Attorney-General assisted the Inquiry by providing a number of signifi Bundaberg H Inquiry existing facilities. Commissioners Daubney and Rafter later Commissioners Daubney and Rafter later expressed their gratitude in a letter to they the Chief Magistrate. In the letter, the extended their appreciation to not only all magistrates but also to court staff who to assist in the cooperated, unhesitatingly, smooth running of the Inquiry. At the conclusion of the seven month Mr Martin Daubney Commissioners inquiry, SC delivered their Rafter SC and Mr Tony Beattie, report to the Honourable Peter Premier and Minister for Trade. This Inquiry had extensive powers of investigation under the 1950 Inquiry Act of six senior police investigators and the full cooperation of the relevant government agencies and Crime and Misconduct Commission. Thoroughbred Racing InquiryThoroughbred Racing Racing The Queensland Thoroughbred hearings on levels 8 Inquiry held its public Magistrates Court to and 9 of the Brisbane manipulation or “bet hear evidence of price thoroughbred rorting” in the Queensland racing industry. Commissions of Inquiry of Commissions Annual Report 2004—2005 2004—2005 Report Annual Major Magistrates Courts At the same time the system was renamed Initiatives during 2004 – 2005 CLAIMS (Civil Listing and Information Management System). CLAIMS is a Java- Integrated Justice Information Strategy based application accessible via the Intranet. (IJIS) It uses the same menu and operating IJIS is a whole of government program structure as CRS, with a more contemporary to enable integration of justice agencies’ look and feel. CLAIMS is also capable of business processes and information producing notices and reports of a far technology systems, to support the vision of higher standard. seamless integrated criminal justice. There are currently 19 Courts using the Funding was provided in the 2003 – 2004 system for the efi ling of claims and default fi nancial year to progress with the Transfer judgments. All remaining Magistrates Bench Charge Sheet initiative. This initiative Courts and JAG-operated QGAP offi ces will concerns the initial charging of an offender be connected to CLAIMS and efi ling by the and the processing of that offender by the end of 2005. Queensland Police Service through to the Department of Justice and Attorney-General for the fi rst court appearance. Construction and Upgrades of Magistrates Court Buildings This involved the redesign, development and implementation of the process, documents, During the year the Department not only legislation and technology to support the opened the new Brisbane Magistrates Court electronic creation of charging of offenders. but also celebrated the offi cial openings of As a result, Bench Charge Sheets are now the new buildings and facilities at Thursday transferred by electronic link from the Police Island and Western Districts. Major Service to the courts. refurbishments were also completed at the Hervey Bay and Mackay courthouses. Work The software, processes and training required continues on the Caloundra Magistrates to facilitate the exchange of information Court and the upgrade of the Bowen and between the two agencies was progressively Murgon courthouse. implemented across the state between February and June 2005. This initiative During the fi nancial year 2005 – 2006, is aimed to achieve improved effi ciencies upgrades are planned to take place or have through the removal of duplicated processes commenced at Caloundra, Ipswich, Northern and procedures. The IJIS project team Districts, and Sandgate. are currently assessing further business requirements and solutions for the transfer Brisbane Magistrates Court of court results which will be completed by The new Brisbane Magistrates Court was February 2006. offi cially opened on 16 November 2004 by the Honourable Premier and Minister Civil Listing and Information for Trade Peter Beattie, the Honourable Management System Attorney-General and Minister for Justice In February 2005 the Civil Registry System Rod Welford, Minister for Public Works (CRS) was moved off its CITEC-owned server Robert Schwarten, Chief Justice Paul de onto one owned and operated by JAG. Jersey AC, Chief Magistrate Judge Marshall Irwin and Director-General Rachel Hunter.

54 Queensland Magistrates Courts Our Courts 55 Murgon Courthouse Murgon The upgrade to the Murgon Courthouse is continuing to commenced in 2005. Work complete improvements to the registry and court facilities. Funding for this project is by the Department of provided exclusively Public Works. Bowen Courthouse to the historic The design for the upgrade has been completed and Bowen Courthouse for the construction tenders have been called has undertaken work. The department planning to ensure careful and considered to the building are that any improvements the historic value of the with in keeping property. Courthouse Hervey Bay The $2 million upgrade of the Hervey Bay Courthouse was completed and opened on 22 April 2005. The original building design allowed for an extension to be built at a later date to accommodate regional growth. The additional facilities provided the will accommodate the circuit sitting of on District Court which will ease the load the neighbouring court at Maryborough. Videoconferencing equipment was also installed in one of the courthouse’s existing Magistrates Courts. In addition areas of to the existing courthouse were upgraded improve disabled access, such as installation of automatic doors into the Registry and the public waiting areas and alterations to There have public gallery and witness box. also been improvements in existing security arrangements. cantly improved cantly Annual Report 2004—2005 2004—2005 Report Annual The building has combined clever design with the latest environmental technologies, resulting in a courthouse with a four-star energy rating. The building features a design that reduces lighting needs through the use of natural light, but minimises direct sunlight, hence reducing air-conditioning loads. It has motion sensors that lower lighting and air-conditioning levels, solar collectors that preheat the building’s hot water and rainwater tanks that hold 46,000 litres for watering the surrounding gardens. client and justice service delivery for the client and justice service delivery for the The combined registry operates community. on the ground level, bringing together the operations of the Small Claims, Civil, General and Fines Registries, providing a single point for all counter service delivery. Importantly, the move into the new Brisbane the Importantly, Magistrates Court has signifi New technology and facilities such as videoconferencing, closed-circuit television and secure prisoner transfer areas have been installed to provide safer and more supportive amenities. The Brisbane Courthouse provides a better The Brisbane Courthouse provides a better small environment for local hearings such as claims and also provides improved support for victims and their families, and assists people vulnerable witnesses. Facilities to help with disabilities have also been installed throughout the building. The new building provides 25 hearing rooms The new building provides including a consisting of 19 courtrooms, courtrooms, and Murri court, two Coroners rooms. Other four Small Claims hearing court facilities include magistrates chambers, administration accommodation, and day detention and prisoner transfer areas. More than 250 people attended the opening More than 250 people smoking which included a traditional by Aunty Ella Gordon ceremony performed of Elders. from the Brisbane Council The new Thursday Thursday Island Courthouse Western Districts Courthouse Island Courthouse. The new Thursday Island courthouse, The new Western District Courthouse located located on the corner of Douglas and at Richlands was offi cially opened on 27 Jardine Streets, was opened on 4 May 2005. July 2004. The new courthouse is now Its modern facilities will enable the court servicing Brisbane’s western suburbs. The to service the eighteen surrounding island additional facilities available at the court are communities in the Torres Strait. a signifi cant benefi t to the local community.

The qualities of the new courthouse and a comparison with the previous courthouse at Inala are described in the essay by Magistrates Errol Wessling on page 77 of this report.

Caloundra Courthouse Construction of the new Caloundra Courthouse commenced in August 2004. The Attorney-General will offi cially open this new facility on 16 August 2005. Due to anticipated rapid growth in this region the court has been designed to allow expansion of up to six courtrooms in the future.

Tassie McDonald sang a traditional Islander hymn at the opening of the Thursday Island Courthouse.

56 Queensland Magistrates Courts Our Courts 57 cer to cer cation of cation cers and electronic cant Events and Events cant fi Drug Court Pilot Programs Pilot Drug Court During the year the Drug Court program legislation has been reviewed to identify amendments that might further improve the Drug Court’s operation and align both North and South East Queensland pilot programs. Security Upgrades Courthouse New funding of $2 million has been allocated in the Budget over the next two courthouses years to upgrade security in key throughout Queensland. security offi Additional security equipment will be installed in ten courthouses in 2005 – 2006 – Beenleigh, (Magistrates and higher Cairns, Townsville Courts), Ipswich, Southport, Maroochydore, Rockhampton, Mackay and Richlands. Signi for 2005 Planned Initiatives – 2006 Court Persons Homeless Pilot Program Diversion piloted in the Brisbane This program will be 2005 – 2006 as part Magistrates Court in of a government initiative to address homelessness. This program will access the viability of diverting homeless people with public to space offences and other minor offences health, accommodation, and other relevant services to address underlying causes of Funding of $0.56 their offending behaviour. million has been provided for the court pilot over the next two years, including the appointment of a Liaison Offi manage the program and to assist the courts to implement the necessary practices and procedures, including the identifi appropriate diversionary options. ce; Agreement ed as being suitable. facilities for child witnesses and victims of domestic violence; and videoconferencing facilities. registry offi public waiting areas including interview rooms; day rooms for external agencies such as community corrections and family services; one courtroom and chambers; mediation/conference room; holding facilities; Annual Report 2004—2005 2004—2005 Report Annual • • • • • • • • The new Sandgate Courthouse will provide the following facilities: Sandgate Courthouse Sandgate Funding was approved in the 2005 – 2006 Budget for the construction of a new Sandgate Courthouse. Design work has commenced with an anticipated commencement of construction in May 2006 with completion in May 2007. Funding was approved in the 2004 – 2005 Funding was approved in the 2004 – 2005 Budget for the purchase of land and construction of a new Northern Districts Courthouse to be known as the Pine Rivers Courthouse. The department has purchased a site on Gympie Road for the new facility. Design work has commenced with an anticipated commencement of construction in May 2006 with completion in May 2007. Northern Districts Courthouse Northern Districts was reached for the department to purchase was reached for the department has this site in 2005. The arranged with the Department of Public competition to be held for a design Works for a new Ipswich Courthouse with the preliminary designs to be submitted in November 2005. Funding has been approved in the 2005 Funding has been approved purchase and – 2006 Budget for land for a new Ipswich preliminary design of the disused Ipswich Courthouse. The site at Ellenborough Street Ipswich has TAFE been identifi Ipswich Courthouse Complex Courthouse Ipswich In-built speakers

Court Technology

Digital recording screen Microphone to dock

In-built cameras

Computer input terminals

Pop-up screens for video conferencing

58 Queensland Magistrates Courts Our Courts 59

Witness monitor Magistrate’s Monitor Magistrate’s

Annual Report 2004—2005 2004—2005 Report Annual

screen Videoconferencing Videoconferencing Court Technology The Information Management Branch has been upgrading the telecommunications Information Technology network, servers hosting the QWIC and This year saw the implementation of a SPER systems, and some regional servers. program to provide each magistrate in These upgrades are aimed at dramatically Queensland with a laptop computer as a improving the response times of computer replacement for their desktop computer. systems used in regional areas. The reasoning behind this decision was to allow magistrates to take their computers The minimum network bandwidth used at on circuit with them, to take them home smaller regional sites will increase from 64 to work on reserve decisions or do legal kbits to a minimum of 256 kbits, with links research, to allow them to take the laptops to major regional centres increased to a with them when attending conferences, and minimum of 1024 kbits. In many cases the to allow the laptops to be taken into court to increase in speed capacity will be 1984 kbits. access current legislation or cases in court. This should give magistrates in country areas faster access to information over the Magistrates can now be provided with a internet such as current legislation and legal secure ID Token to allow them to connect research. to the magistrate’s portal from home or anywhere else computer access is available. Wireless Technology This should be particularly helpful for In 2004 – 2005 the Magistrates Courts magistrates on circuit for accessing agreed to participate in a whole-of-Courts legislation and emails. initiative to establish a wireless Internet A docking station, fl at screen monitor, access service in selected courtrooms. mouse and keyboard are provided with the During 2005 – 2006 the wireless, or Wi-Fi, laptop. When in chambers a magistrate has service will be established in 32 courtrooms the same set up as a desktop computer. The across the Brisbane Magistrates Court magistrate then simply has to unclip the and courthouses in Southport, Beenleigh, laptop from the docking station to be able to Ipswich, Maroochydore, Rockhampton, take it with them for use elsewhere. The new Townsville and Cairns. laptops have been confi gured so that when Once established the Wi-Fi service will allow the machine is closed down all the fi les court users with a wireless capable device, are synchronised with the main server. The such as a notebook computer, to access the magistrates are then able to work offl ine on Internet for free using the Courts supplied decisions or other matters or on preparing broadband wireless service. While access to emails and, when they log on to the network inappropriate material will not be possible, again, the fi les are automatically updated court users will be able to access Internet and any emails sent. based resources which may aid them in their The fi rst phase of the program was to dealings with the Court. provide the laptops and a carry bag to all Parties before Court will be able to access, magistrates who go on circuit. in real time during a hearing, legislation The second phase of the program is for and browse other research materials. Parties another 32 laptops to be provided. These will also have email access and the ability laptops have been ordered and delivery is to connect to remote databases or systems. expected in July or August. Such access has proven to be of real benefi t within the Queensland Higher Courts where the technology was trialled early in the 2004 – 2005 year. Providing the capability for the legal representatives of Magistrates

60 Queensland Magistrates Courts Our Courts 61 nancial year. year. nancial nancial year. nancial nancial year. Additional video courts Additional nancial year. In 1996, the Courts (Video Link) Amendment In 1996, the Courts made legislative provisions for the Act technology for use of videoconferencing particularly for certain court proceedings, defendants held in custody. technology in The installation of this to increase, with courts has continued established in videoconference facilities 20 Magistrates Courtrooms throughout Queensland (including the Brisbane Childrens the Court), 16 of which were completed in last fi at two other sites are due to be completed in the near future, and a minimum of two for priority regional centres are also planned next fi At 30 June 2005, Magistrates Courts at Beenleigh, Brisbane, Caboolture, Cairns, Maroochydore, Ipswich, Mackay, Hervey Bay, and Southport, Thursday Island, Toowoomba capability. have videoconference Townsville Video courts at Caloundra and Rockhampton are due for completion next fi In addition, courts at Richlands, Cooktown have CCTV to enable witnesses and Wynnum to give evidence from the vulnerable witness room within the court building. Given the number of video courts being established statewide, and the legislative provisions for the use of this technology an assessment with defendants in custody, was conducted and a draft set of protocols developed that incorporated all relevant agencies. Discussions were had with magistrates and registrars from a number of Magistrates Courts within Queensland. The Townsville and Caboolture Magistrates Courts are currently using videoconferencing technology on a regular basis with the local correctional centres. A “video court” callover day and time has been established to facilitate the use of videoconferencing between defendants in custody and the court. ts of ts le of the building. ciency and ciency nancial and social costs allowing expert witnesses such as forensic scientists and specialist witnesses to give evidence by video link without having to leave their workplace. This reduces delays due to availability of witnesses and allows for a more timely and effective judicial process. allowing witnesses who reside away from the location of the court to give evidence without the fi associated with having to travel long distances and spend time away from home. enabling defendants in custody to appear in court for certain matters via video link from prison so they are not required to be physically transported to the court. Annual Report 2004—2005 2004—2005 Report Annual • • • using video links include: effectiveness. Whilst closed circuit TV (CCTV) facilities enable children and other vulnerable witnesses to give evidence from a separate witness room within the court precincts, videoconferencing technology not (video courts) allows courts to connect only to a room within the court building, but with any videoconferencing site located outside the court precincts, including interstate and overseas sites. Benefi Videoconferencing Videoconferencing The installation of separate vulnerable witness rooms, closed circuit TV facilities, and videoconferencing technology in a number of courts statewide is modernising the criminal justice system and providing access to the right tools and resources needed to improve effi The new Brisbane Magistrates Court, The new Brisbane Magistrates – 2005, is a completed during 2004 building with a technically advanced The number of “smart building” capabilities. of the introduction of the Wi-Fi service in 16 building’s courtrooms will further enhance the high technology profi Courts clients to access their remote systems Courts clients to access between the local would bridge the gap of the building and “smart” capabilities by organisations in the investment made knowledge systems. Court Technology continued

Allowing defendants to appear in this Accordingly, it was determined that a pilot manner for matters such as remand project be initiated between several major proceedings and bail applications has courts in the south east region and the resulted in a number of benefi ts, including Arthur Gorrie Correctional Centre. This fewer delays during these events and reduced pilot will provide an opportunity to collect safety risks to court staff, the general public, statistics and other useful data regarding and other parties involved. videoconferencing. In addition, it will enable the effectiveness of the recently developed The Queensland Police Service has indicated schedule and protocols to be monitored and their continued support for the use of video assessed. links to allow defendants in custody to appear in court from the prison facility. Practice Directions have been issued by the Police are generally responsible for the Magistrates Court (such as Practice Direction majority of prisoner transfers to and from No. 3 of 2005 in Appendix 11) to promote correctional centres, watchouses and courts the appearance of detainees via video link. statewide. Videoconferencing technology reduces the safety risk to all parties involved, including the defendants, and allows police Legal Education in the offi cers to spend more time focusing on their core duties. Magistrates Courts Queensland magistrates recognise the Individual contact was also made with the fundamental importance of professional majority of prisons to ascertain the current legal education and training for those people usage of their video link facilities and to seeking admission to the legal profession. identify any relevant issues, particularly on The magistracy is delighted to have scheduling requirements. Most correctional contributed again to such education and centres can only accommodate one training. videoconference at a time, resulting in a risk that as more courts (including the Supreme and District Courts) require defendants in The Bar Practice Course custody to appear by video link, double During the year, Brisbane magistrates booking is one of a number of problems continued to assist the Bar Practice Centre, likely to occur. In addition, daily prison a joint venture between the Bar Association routine includes “lockdowns” at specifi c of Queensland and the Queensland times where prisoners are generally not able University of Technology. As part of the Bar to be moved around the facility. Other issues Practice Course, law degree holders who identifi ed after discussions with prison and wish to become barristers participate in court staff included: mock hearings in the Magistrates Court at • lack of statistics illustrating the number Brisbane. The mock or moot trials involve of video link appearances held and the both criminal and civil matters and are results; and presided over by magistrates during three- hourly sessions. • confusion over appearance requirements due to inconsistency with remand warrant notations and other communication issues.

62 Queensland Magistrates Courts Our Courts 63 cance to cance ling and listing cial clinical cial whereby cial program th University Law School “The opportunity to witness the legal system from the perspective of the bench is a unique one for a law student. I have certainly found my studies enriched by seeing the practical application of what I was learning”. students participating in the program. This students participating in the program. This is also emphasised by a thank you note the from another participant which included following: The work experience exercise was intended exercise The work experience to be a mutually benefi could observe and the participating students of the Magistrates learn about the operations research and other Court whilst providing Over the ten week assistance to magistrates. one day a week with period, students spent variety of tasks ranging a magistrate doing a work. They from research to administrative also sat in on court proceedings. An article from one of the WATL participants, Ms Bridget Daley on page 78 highlights the practical signifi General Legal and Advanced Family Family and Advanced Legal General Law Clinics the magistracy continued to During the year, support the Griffi General Legal Clinics and Advanced Family General Legal Clinics and Advanced Law clinics. By arrangement, university students involved in the clinics are granted leave to appear in the Magistrates Court on behalf of clients of the Caxton Legal Centre Inc. The Chief Magistrate has been informed that previous students involved with the clinics have invariably found their appearances in the Magistrates Court extremely valuable in enhancing their appreciation and understanding of the practical operations of the legal process. to continue with The magistracy is keen its contribution to this benefi program. The magistracy joins with the participants in expressing appreciation to the staff of the court’s registry in the assistance given to the students in the fi of these matters. elds. ed legal subjects. Six law student or a law degree nal year Annual Report 2004—2005 2004—2005 Report Annual magistrates in Brisbane, including the Chief Magistrate and the Deputy Chief Magistrate, as well as magistrates at Ipswich and Southport, participated in the program. During May and June 2005 a WATL work During May and June 2005 a WATL weeks duration experience program of 10 was conducted within the Magistrates Court. The program was only open to members of who had completed two years of a WATL law degree or specifi Another level of involvement by the magistracy during the year was participation and the Law Society (WATL) in the Women is an active organisation program. WATL within the TC Beirne School of Law at the University of Queensland. It has a diverse membership and includes women and men, students of law as well as those from other faculties, and legal professionals as well as professional people from other fi seeks to improve and enhance legal WATL education and to maintain a dynamic relationship between the organisation and its members, the law school, staff, sponsors and the legal profession. Women and the Law (WATL) Work Work (WATL) Law and the Women Program Experience The University of Queensland’s PLEAT The University of Queensland’s PLEAT program includes a 15-week professional legal education phase. It is assisted by the contribution and involvement of practitioners and guest instructors, including two magistrates. The Chief Magistrate fully endorses the assistance given by magistrates having participated program, to the PLEAT directly in the program himself. If a fi as a solicitor of the holder seeks admission he or she may Supreme Court of Queensland, Legal Education enrol in the Professional program conducted and Training (PLEAT) of Law at the by the TC Beirne School he Alternatively, University of Queensland. or she may enrol in the Legal Practice Course (the Graduate Diploma in Legal Practice) conducted by the Faculty of Law at the University of Technology. Professional Legal Education and Education Legal Professional Program (PLEAT) Training Legal Education in the Magistrates Courts continued

Other Legal Education South East Queensland Many of our courts facilitate school tours and North Queensland other activities to educate students about the In Townsville, magistrates continue to assist judicial process. A South East Queensland students and are keen to do so in the future, example is the Petrie Magistrates Court. To especially law students from the James Cook assist the community in understanding the University of North Queensland in their judicial process, the Petrie Magistrates Court preparations for moot hearings. During the has joined with Queensland Fire and Rescue year, Townsville magistrates also provided Authority, Queensland Education, Queensland work experience opportunities for some Rail, Queensland Police Service, Meals on six Secondary School students and three Wheels and the Pine Rivers Shire Council in students from James Cook University. One the Petrie Community Safety and Prevention University student, studying behavioural Precinct. This is an education project science, completed a three month period of involving each of the stakeholders which work experience with the Townsville court. enables year seven students to experience, Acting Clerk of This student advised that she had gained a in a practical way, how communities and the Court Merilyn broad knowledge and understanding of the community infrastructures support their Newbery, students role of a social worker operating within the citizens. from Pine Rivers State legal system at this level. High School Matthew School tours, which were initiated in August Bowerman, Morgan Magistrate Previteria of Cairns joined Justice 2002, have expanded and developed in Reilly, Shaun Buzza Jones of the Supreme Court and Judge number and content over the years. On and Sian Hutchison Bradley of the District Court in judging the occasion, the court has accommodated up with Petrie Magistrate James Cook University Moot Competition to twelve tours in a month. Schools have Mr Michael Halliday. fi nal.

64 Queensland Magistrates Courts Our Courts 65 the ed by Law School as well th University th University Law School Visiting who are motivated, responsible and aware of who are motivated, community needs. limited participation Magistrates have a program in lecturing police with the PROVE practicable, recruits where recruits. Further, one shift in Module 2 are required to spend Court. (Station Duty) in a Magistrates to remains keen The Chief Magistrate in increase the participation of magistrates well as the PACE program as the PROVE who program. The latter is for police recruits have had previous policing experience. willing and are ready, magistrates Townsville at program able to participate in the PROVE The Academy. the North Queensland Police Chief Magistrate fully endorses any such participation. Other Educational Involvement Other Educational Magistrates also contribute to education in other ways as exemplifi involvement of Magistrate Sarra as a member of the Governing Council of the University of Southern Queensland (USQ) since 1998. This is a statutory appointment. Mr Sarra has also served on the Governance has and Legislation Committee at USQ and and been a liaison point between the Council the University’s Indigenous teaching and learning communities. The Chief Magistrate is a member of the Griffi is a member Committee and Magistrate Payne Committee at the of the Law Faculty Advisory Queensland University of Technology. who recently had Magistrate Kilner, conferred upon him a Doctor of Laws, has been a guest lecturer at both the Nathan and Gold Coast campuses of the Griffi as the University of Queensland and the Queensland University of Technology in Brisbane. He has also addressed the Gold Coast Bar Association as a part of its continuing legal education program. Magistrate Rinaudo is often called upon to deliver lectures and papers at legal education programs for young lawyers organised by the Queensland Law Society. cers es and describes cient police offi cant disparity between the perceived Annual Report 2004—2005 2004—2005 Report Annual Another level of assistance provided by magistrates in South East Queensland is Recruit their participation in the Police Education (PROVE) Occupational Vocational program conducted by the Queensland Police Service at its academy in Brisbane. The program aims to develop competent, PROVE ethical, effective and effi Police Recruit Occupational Vocational Vocational Occupational Recruit Police Program (PROVE) Education This year, Magistrate Halliday and Acting Magistrate Halliday and Acting This year, were Clerk of the Court, Merilyn Newbery, actively involved with Pine Rivers State with High School during Education Week Magistrate Halliday adjudicating at debates to select the school’s representative team at the annual Queensland Debating Union Debates. notions and beliefs of the students, staff and notions and beliefs of the students, staff and parents as to the operations of the court what actually happens. Such sessions give participants a much closer view of the court process and a more accurate understanding and appreciation of how the court operates. It is clear from the tour sessions that there is It is clear from the tour sessions that there a signifi the roles of people who work inside the illustration give a practical courtroom. To isand involve the students, the visiting group encouraged to actively participate in a mock trial devised and supervised by the magistrate with their members taking the parts of counsel, defence magistrate, prosecutor, thewitnesses and defendant. If time permits, bysession concludes with questions answered the magistrate. After arriving at Petrie Railway Station, After arriving at Petrie developedthe students attend programs before coming to by the other stakeholders Courthouse where they enter the the Petrie the court in session.public gallery to observe During the luncheon adjournment, Magistrate Halliday explains to the students the jurisdiction of the court, the types of matters howwith which it deals, the judicial process, the court works, and identifi travelled from all suburbs of the Brisbane travelled from all suburbs communities as far area, as well as outlying north to Noosaville. west as Gatton and Barbara Heath Breezeway Lattice 2004 Brisbane Magistrates Court

Barbara Heath’s art works relate to the body, ritual, rites of passage, and life transitions. While the fretwork design used in the door handles and lifts plates is inspired by the breezeway lattice above doors in traditional domestic Queensland architecture, it may also be seen as symbolically differentiating between public and private space. This differentiation is an expression of transition and access. The Breezeway Lattice door handle/lift plate art work provides an intimate and tactile experience, in that it is touched every day by the users of the building moving to and from the courtrooms. The art work subtly evokes the potential life changes that may occur within the courts.

Our People 66 Queensland Magistrates Courts Our People 67 ce in Townsville to ce in Townsville

ce and Crown Prosecutor’s Offi Annual Report 2004—2005 2004—2005 Report Annual Mr Buckley’s admission as a solicitor of the Supreme Court of Queensland in 1988 followed the completion of his law degree at Queensland and almost 20 years University of Technology service as Clerk of the Court at such regional Magistrates Courts as Mount Isa, Cooktown and Barcaldine. In the latter part of that service, Mr Buckley acted as magistrate in Longreach and Cooktown and as a visiting justice to the indigenous communities of Wujal. Hopevale and Wujal Mr Graham Buckley – Magistrate Maroochydore – Magistrate Buckley Mr Graham the Queensland Magistracy Immediately prior to his appointment to as a solicitor had worked on 4 January 2005, Mr Graham Buckley is located in the heart of in his own legal practice at Laidley which Mr District west of Brisbane. Whilst in Laidley, the Lockyer Valley Buckley had been actively involved in community organisations, the Chamber of particularly the Laidley Lions Club, Commerce and the Laidley Ambulance Committee. private practice in Townsville, Charters Towers, Mareeba servicing Charters Towers, private practice in Townsville, Mr Braes’s legal a large clientele throughout North Queensland. experience will stand him in experience and breadth of community our Court. good stead for the pace and diversity of New Appointments Cairns – Magistrate Braes Thomas Mr to the Magistracy in Prior to his appointment Braes had 2004, Mr Tom October Cairns on 11 Mareeba legal practice. been a partner in a of many North He is an active member from Queensland community bodies ranging Music Association Country the Charters Towers Foundation and to the Mareeba Wetland was awarded the Queensland Law Society 2002 for outstanding Community Legal Award as community service in legal work. He worked This a solicitor for 22 years in North Queensland. Magistrates experience extended from his work in the Court Offi Magistrates OUR PEOPLE New Appointments continued

Ms Margaret Cassidy – Magistrate Brisbane Ms Margaret Cassidy was appointed a magistrate at Brisbane on 10 January 2005. Prior to her admission as a barrister in 1994, Ms Cassidy studied law whilst lecturing in biochemistry at the Queensland University of Technology (QUT) and working on various medical research projects with the University of Queensland.

During her ten years at the Queensland Bar, Ms Cassidy developed a wide ranging practice which focused on family, criminal, anti- discrimination, and industrial law. She also lectured in Company Law, Taxation Law and Industrial Law at Griffi th University and Family Law at the QUT Bar Practice Course. Community organisations including the Women’s Legal Service and Aboriginal Women’s Legal Service benefi ted extensively from Ms Cassidy’s willingness to assist with her time and expertise on a pro bono basis throughout her time at the Bar.

Mr Damien Dwyer – Magistrate Cairns Mr Damien Dwyer was sworn in on 26 April 2005 in Brisbane and immediately moved to Cairns to take up his duties as a magistrate. Prior to his admission as a Barrister in 1990, Mr Dwyer had served in the Department of Justice for 15 years. During this time he worked in most Magistrates Court offi ces in North Queensland, including Mount Isa, and his experience included working as Relieving Clerk of the Court in Cairns and Clerk of the Court and Acting Magistrate on Thursday Island and at Cooktown. He also held positions as Offi cial Visitor to the Hopevale and Wugul Wugul communities.

Upon his admission, Mr Dwyer commenced private practice at the Bar in Mackay and, immediately prior to his appointment to the bench, he worked for the Aboriginal and Torres Strait and Islander Legal Service in Mackay. During his residency in Mackay, Mr Dwyer took an active interest in community affairs and was particularly involved with the Mackay Regional Community Legal Centre, the Mackay Regional Health Authority, and was a member of Boards attached to various Sugar Mills in the Mackay area.

68 Queensland Magistrates Courts Our People 69 rst rm of Barron ce of ce Annual Report 2004—2005 2004—2005 Report Annual He was admitted as a barrister in Queensland in 1979. After working He was admitted as a barrister in Queensland several years, Mr Morgan as a Brisbane based Crown Prosecutor for moved to Mackay in the early 1980s where he became the fi Mr Trevor Morgan – Magistrate Innisfail – Magistrate Morgan Trevor Mr at Brisbane on 12 Mr Trevor Morgan was sworn in as a magistrate of 25 years legal July 2004. His appointment was the culmination as a barrister and as a experience in both branches of the profession solicitor. Mr Kehoe’s swearing-in ceremony was a most Mr Kehoe’s swearing-in ceremony was Magistracy memorable occasion for the Queensland Kehoe who served with Mr Brian as his father, and as a the Department of Justice for many years was proudly in Queensland magistrate from 1975 to 1980, attendance. President immediately prior to his appointment President immediately prior to his appointment to the bench. taking on both practising private barrister in Mackay, criminal and civil work. In 1986, Mr Morgan took up a partnership with the Mackay solicitors fi and Allen where he gained further experience in commercial matters. In 1996 he returned to the Bar practising in Mackay and Brisbane, personal injury focusing on Criminal Law, and commercial matters. Shortly prior to his appointment to the bench, Mr Morgan acted as Counsel assisting the Commission of Inquiry into Foster Care in Queensland. Mr Dermot Kehoe – Magistrate Brisbane – Magistrate Kehoe Mr Dermot appointed to the Magistracy Mr Dermot Kehoe was serving as a solicitor in on 12 July 2004 after The last 23 of those years Queensland for 29 years. a Senior Solicitor with Legal Aid as he worked role, Mr Kehoe acquired Queensland. In this in many areas of the law, extensive experience jurisdiction. He particularly in the criminal in the Gold Coast District played an active part Law Association where he held the offi New Appointments continued

Mr John Parker – Magistrate Brisbane Mr John Parker was sworn in at Maroochydore on 14 June 2005 and commenced duty at Brisbane. Prior to his appointment, Mr Parker was the senior member of the Bar at Maroochydore where he based his busy practice for 15 years. At the time of his appointment, he was President of the Sunshine Coast District Bar Association and a part- time member of the Queensland Misconduct Tribunal.

Mr Parker commenced his career as a teacher in Queensland before emigrating to Canada where, while continuing teaching, he attained Degrees in Arts and Law from the University of Manitoba. Upon his admission as a Barrister and Solicitor in Manitoba in 1977, he was appointed a Crown Attorney and prosecuted in all courts in that Province until he returned to Queensland in 1984. Prior to commencing private practice at the Queensland Bar, Mr Parker conducted major prosecutions as a member of the staff of the Commonwealth Director of Public Prosecutions for several years.

Mr Orazio (Ray) Rinaudo – Magistrate Southport Mr Ray Rinaudo’s appointment as a magistrate at Southport on 28 February 2005 took the number of magistrates permanently located at that centre to eight.

Mr Rinaudo was admitted as a solicitor in Queensland in 1979 and had worked in legal practice in Brisbane for 25 years. Apart from his extensive experience in civil, criminal and commercial areas of the law, Mr Rinaudo had presided in mediations on behalf of the Building Services Tribunal, the Legal Aid Commission and the Queensland Law Society. During his role as Chairman of Arbitrations for the Real Estate Institute of Queensland, he conducted over 250 arbitrations and also held several offi cial positions with the Queensland Law Society, including the role of President in 1991 – 1992. Mr Rinaudo is a former part-time member of the Administrative Appeals Tribunal and a former part-time Commissioner of the Crime and Misconduct Commission. Apart from his considerable legal experience, Mr Rinaudo has dedicated considerable time to many educational and community bodies at a local, state and national level.

70 Queensland Magistrates Courts Our People 71 cial Visitor cial cer in family law ce to conduct mediation Annual Report 2004—2005 2004—2005 Report Annual Mr Alan Yorkston Mr Alan Yorkston 2004 1 April 1988 to 8th October Mr Dean Wilkinson 16 August 1996 to 29th December 2004 Mr Ken Lynn 9 June 1983 to 5 August 2004 Mr Keith Krosch October 1985 to 24 October 2004 31 Mr Noel Nunan Retirements Bradshaw Mr Tom October 2004 28 June 1984 to 31 Mr Walter Ehrich Mr Walter Ms Sheryl Cornack Mr Robert Quinlan 10 years Milestones 25 years She has also served as a part-time conciliator She has also served as a part-time conciliator of with the Anti-Discrimination Commission Queensland and acted as the Legal Offi During a legal career spanning almost 20 years, During a legal career as a legal offi Ms Springer had worked public sector and as a with the Queensland of various tribunals mediator and member Health Review Tribunal including the Mental and the Guardianship and Administration Tribunal. to the Capricornia Correctional Centre throughout engaged by 2002 and 2003. Ms Springer was often the Legal Aid Offi disputes in Central Queensland. Ms Bronwyn Springer – Magistrate Rockhampton – Magistrate Springer Bronwyn Ms was sworn in on 2 November Ms Bronwyn Springer 2004 at Rockhampton. Clerk of the Court for fi ve years. In those days it appeared you were transferred every fi ve years, requested or not.

In 1969 he was transferred to Wynnum, then Southport. During this time I completed my articles to Stephens and Tozer Solicitors and was admitted as a solicitor in 1975.

In February 1975 he was appointed Coroner in Brisbane where he served for a short time before being appointed to the Small Claims Tribunal. He continued in this work till his retirement in 1980. In those days local magistrates did not have the power to Vale—Brian Kehoe 1917 – 2005 determine small claims and he would cover the whole of Queensland in the course of the year. by Magistrate Dermot Kehoe, Southport My father always enjoyed his life in the Brian Kehoe was born at Warwick on 1 May Magistrates Court. I can remember a story my 1917. He attended St Patrick’s Convent and the mother Cecily told as to how she wished to Christian Brothers in Gympie before winning a go to Cairns for her honeymoon. My father teachers’ scholarship. After completing teachers’ said, “Don’t worry the Government will training, he had the opportunity of continuing send us there!”… and they did. Even though in this fi eld or joining the Public Service. disappointed when transferred to Murgon, my mother remembers having a most enjoyable He entered the Public Service and was time when there. My father always said there appointed to the Gympie Courthouse in are no bad towns in Queensland. 1938. Shortly after he was transferred to Rockhampton Court and, whilst there, relieved As a result of my father’s legal career, I was at Mt Morgan, Mackay and other places in encouraged to study law and both my parents Central Queensland. In 1941 he joined the were fortunate to live to see me be sworn local 42nd Battalion. He saw action in New in as a magistrate. They were very proud Guinea in the Milne Bay, Buna and Salamaua as it was the fi rst time that both father and campaigns. son have been sworn in as a magistrate in Queensland. Unfortunately they both died On discharge from the Army he rejoined the within nine months of my appointment. Magistrates Court at Gympie and continued to work there until he was elected as the member In the motion of condolence in the Legislative for the Queensland state seat of Nash in the Assembly on the 22nd February 2005, Mr 1953 election. His seat was lost as a result of Kerry Shine of the seat of Toowoomba North the Labor split of 1957. said as follows: “Brian Kehoe was a man of great principle, character and courage; a After this defeat he reapplied to rejoin the loyal, faithful and committed member of his Magistrates Court service. In the interests of faith; a loving husband and father; a man justice it was decided that, rather than leaving of humility and compassion. In his maiden him in Gympie, he be appointed to Cairns. I speech, he said of his predecessor (Thomas remember the house which was assigned to us Dunstan), ‘the name of Dunstan in Gympie well. To clean out the house, a hose was needed is synonymous with all that is upright and and the more you hosed the more dirt came out honourable, even though there are many who of the fl oor and walls. are politically opposed to him he holds the Within six months he was transferred back to highest possible place in their esteem, being Brisbane as Deputy Registrar where he remained one of nature’s gentlemen’. To those who for fi ve years until 1963. Just as we were knew Brian Kehoe, these words of his could settling down, he was transferred to Murgon as well be his own epitaph.”

72 Queensland Magistrates Courts Our People 73 es ring .303 rifl tted out as a trawler cer-Commanding Queensland cer-Commanding Chairman cer for Aborigines; to aid the naval ew in from Cairns ce Agency for Life, Fire, Motor Vehicle for Life, Fire, Motor Vehicle ce Agency eet of much smaller vessels and scoop ew into Normanton. Communications Offi Warden/Registrar; and Marine; Mining District Offi Hospital Boards, Port or Secretary of Local Sugar Cane Prices Authorities and Local remote outpost of Boards; and, in one was Knowledge Empire, Harbour Master. areas of endeavour required in all these became an issue. before Court duties the Registries throughout Queensland since 90s deal only with Court related matters. Quite boring after such great diversity. I digress to explain the Harbour Master was decidedly more Normanton entry. remote in the 60s than today and that title went hand in hand with that of Clerk of the Court. Prawn trawling and processing was in its infancy at the small nearby stage coastal settlement of Karumba. At one a large ocean going Russian ship “Van Gough”, ostensibly fi and processing vessel able to remain at sea for long periods, steamed into the Gulf and down to the area where about twenty small Australian vessels were working. They were, at that time, in International waters. After a short time learning the methods employed by the Aussies, the Russian began to steam through the local fl the locals up the catch. Understandably, became upset and began fi this is 1967 at the Russian ship. Remember, had not really thawed and the Cold War by then. An International Incident ensued. Class” patrol The RAN sent two “Attack boats into the Gulf from Darwin, the RAAF sent long-range aircraft from Townsville As Harbour Master, to patrol from the air. Boatman and I activated my Coxswain, “Gladys” at Karumba and a Pilot Vessel Pilot fl of Karumba. vessels on entry to the Port Provisioning of the vessels was arranged and the Naval Offi fl were established with Naval headquarters Canberra. Then the National press arrived, soundly creating utter confusion. ce. cer; Tobacco and cer; Tobacco nd some point to challenge. ce copy of the Third Edition of rst wise acts was to present me Annual Report 2004—2005 2004—2005 Report Annual with the offi Sessions registries of those days bear Petty no resemblance to the Magistrates Court The actual Court duties registries of today. of those years were minimal. The major functions, depending on their locations, consisted of Registration of Births, Deaths, and Business Marriages, Motor Vehicles Names and Stock Returns; Unemployment Workers and Social Security Pensions; Compensation Claims and weekly payments to Claimants; Public Curator Agency for Conveyancing, Will Drafting and Land Agent; State Electoral Administration; Registrar; Returning Offi Liquor Licences; State Government Insurance Perhaps articles such as this should only Perhaps have no Critics be published posthumously. you have gone to one to argue with after I am sure that great Courtroom in the sky. you will be well aware that lawyers are always able to fi One of his fi edited by of Queensland the Justices Act William Kennedy Abbot Allen and suggest that I should apply myself to a complete and utter understanding of all within its covers. For all these years I have been trying to do just that and, whilst being generally unsuccessful in that lofty ideal, recommend it to all who would practice in the Magistrates Court. – by Magistrate William McKay William Magistrate – by For Anyway this is the way I remember it. me it all began in the quaint picturesque 1957, – sugar town of Childers in February, to direct from my State Junior Examination Sessions Offi the position of Clerk, Petty older Of course the guiding light was a much gentleman known far and wide as the CPS Fortunately he Sessions. – Clerk of Petty was a person with great experience of life, A people, their strong points and foibles. man of great common sense. From Court of Petty Sessions to Sessions Petty of From Court Through the Court Magistrates Years From Court of Petty Sessions to Magistrates Court Through the Years continued

There was much excitement until the “Van As a consequence of the title of our Gough” voluntarily departed the area to jurisdiction having been altered from Court discharge its valuable hoard of banana of Petty Sessions to Magistrates Court by the prawns at Vladivostok. The south-eastern Justices Act Amendment Act 1964, the title Gulf and its people then returned to their of the offi cer-in-charge was altered from usual torpor. Clerk of Petty Sessions to Clerk of the Court. I was told a few years later by the Under Sometime subsequently, the Australian Secretary of the Department of Justice at the Government altered international boundaries time of the change that there had been an to declare the entire Gulf of Carpentaria error in drafting the amending Bill that had Australian territory. gone unnoticed into law. It had always been intended to change the name of the offi cer Magistrates were strategically placed at of the Court from Clerk of Petty Sessions various larger centres throughout the state to Registrar to conform with the title in the to enable them to service the more remote civil jurisdiction. Clerk of the Court was the centres by either train, bus, service vehicle, 1964 amendment and remains to this day. or by some kind citizen, lawyer or police offi cer who happened to be going that way The business of Magistrates Courts from the at the time. Country hospitality being what 50s to the 70s likewise varied little. They it was in those days, Courts were always consisted of the committal proceedings serviced regularly and on time. Although referred to, minor stealing and assaults there were disadvantages – I well recall permitted to be dealt with summarily, traffi c as a deposition clerk travelling with my offences including drink driving, spousal magistrate in the defendant’s solicitor’s and child maintenance applications and vehicle from Charleville to Tambo for a enforcement, and all the many and varied summary hearing on a plea of “not guilty”. prosecutions by Government and Local My magistrate quite rightly found the Authorities brought against the citizenry defendant “guilty”, then had his work cut for breaches of their regulations and by- out convincing the solicitor to take us back laws. Although many of these were minor to Charleville with him. Much safer to travel in nature, they could be major in quantity. by train or bus. All matters had to be heard and determined by a magistrate. The simplifi ed procedures At the larger provincial centres, Supreme of Section 142A of the Justices Act were Circuit Courts sat, when required, on a not introduced until much later in the 20th rostered basis. After the creation of District Century. If a defendant failed to appear in Courts on 16 December 1958, they also response to a summons which was properly began to service those centres. In my served on him as a result of a complaint, experience from the late 50s through the evidence suffi cient to substantiate the matter 60s to the middle 70s the nature of crimes of the complaint had to be heard on oath being dealt with varied little. They consisted from the complaining offi cer. In committal of very few murders, unlawful killings, proceedings, the provisions of Section rapes, sexual assaults, grievous bodily 110A of the Justices Act were similarly harms, armed robberies, cattle and sheep not introduced to much later in the 20th stealing with the odd horse thrown in, Century. In each and all of these matters, the evidence had to be given in person, orally burglary, break, enter and stealing and the on oath before the Court, and taken down like. All being dealt with on indictment in at the time in writing on a manual noiseless those higher jurisdictions after committal typewriter. Imagine the Court time consumed proceedings in Courts of Petty Sessions come in these torturously slow proceedings Magistrates Courts. executed by deposition clerks, few of whom were touch typists, most three fi ngers and one thumb specialists.

74 Queensland Magistrates Courts Our People 75 owing lled with red liquid. ed, he approached a large rm in a nearby city who, after to thec, parking and regulation Offences theft that arise because of the use of these theft that arise because need to obtain further substances and the are now overfl supplies. Our courts from substance abuse with people suffering is prevalent. and drug induced psychosis of the 50s and 60sIn the good old days six to a dozen armedthere may have been were always serious These robberies a year. major offences – banks, payrolls and behandguns being essential elements. I would surprised if current statistics did not support – butthe contention of that many each night they generally consist of service stations, corner stores, and defenceless old ladies, knives and syringes fi The matters we now deal with have also Most matters relating changed dramatically. to custody of children are now dealt with in the Family or Federal Magistrates Court; maintenance to the Child Support System; civil claims for motor vehicle damage has all but disappeared to Dispute Resolution; Traffi license applications system; Various ticketing to the authorities concerned and, since the introduction of modern breathanalysing machines, the improvement in the evidentiary provisions relating to the breath analysing instruments, and the unfortunate demise Esq LLB, there are very of Robert Brewer, few defended drink driving offences in the Courts. One rural myth goes something like this. Defendant was charged with drunk driving and approached his local solicitors to defend him in court. They advised him that, on the facts, they were prepared to appear for him, plead “Guilty” and argue mitigation. Not being satisfi criminal law fi hearing the facts, told him the same thing. His if I do it myself and get response was, “Well off what happens?” Lawyers response, “You start here Monday.” ling cabinets ling cance with cance at screen video. I am themselves, cking of the substances Annual Report 2004—2005 2004—2005 Report Annual Following on this technical revolution, many procedural alterations were instituted 142A and later still the – Sections 110A, with and Responsibilities Act Powers Police Notices to Attend and amendments to the at the streamlined until we arrive Bail Act, I remember well procedures of today. presiding in the 80s at committal proceedings toin taxation fraud charges that had come be referred to as “The Bottom of the Harbour A full compactus of ten fi Cases”. of ourwere installed along one complete wall largest courtroom to contain all the exhibit material that was required to be produced we are able to cope from time to time. Today, with this volume of documentary evidence with a computer and fl I recall taking depositions for one I recall taking depositions magistrate who took particularly pedantic in his own brand of notes of the evidence me to correct my shorthand then required witness was allowed depositions before the before the to sign them. Oh, I forgot, signed, they had to be depositions could be the great relief To read aloud to the Court. recording arrived. of all concerned – tape on-reel models, large cumbersome Firstly, age then cassettes, and now we usher in the recognition? of digital. What next? – Voice saw the beginning the 70s Unfortunately, of two gigantic problems for all courts increased across the nation. Populations particularly in urban coastal dramatically, Australia, and the explosion in the availability and frequent use of prohibited dangerous drugs. Over the years alcohol had been the root cause of many criminal offences but paled into insignifi sure there will be much more in the future. what was to come. With the increased availability of cannabis sativa, heroin, cocaine, lysergide and amphetamine in all its derivatives, serious crimes have increased exponentially and their nature becomes more depraved. There are not only the serious crimes of cultivation, manufacture, supply and traffi but the murders, rapes, armed robberies, burglaries, motor vehicle theft and common From Court of Petty Sessions to Magistrates Court Through the Years continued

The law in relation to punishment has also My First Eight Months changed dramatically over this period. Gone are the sentences of imprisonment with hard Experiences of a New Magistrate labour and imprisonment at the Queen’s – by Magistrate Thomas Braes pleasure. Life imprisonment can, in fact, mean something like nine years or a little Having resigned my position with the more. Whilst imprisonment, either to be Department of Justice 20 years ago, I had served or to be suspended, either wholly or no anticipation that I would ever return to partly, may still be imposed as a sentence the Magistrates Court where I commenced of last resort, the variety of other options my career. When the opportunity for has been magnifi ed. They range from appointment as a magistrate came, I endured Intensive Correction Orders and Probation some uncertainty about the prospect as I had Orders each with a myriad of conditions developed an increasingly successful legal which may be included, through Community practice in Mareeba. Having made up my Service Orders, Fines, Fine Option Orders mind that I would accept the appointment, it to Recognizances to be of good behaviour. was then diffi cult to contain my excitement at The most recent variation provides that the anticipation of commencing a new career if a defendant pleads “Guilty” to minor at the age of 49. It was also increasingly Drug Offences he can be placed on a good diffi cult to concentrate on my practice and to behaviour recognizance with the condition keep the impending appointment confi dential. that he attend a counselling session on the I was relieved when the appointment was evils of drug use. made public. Prior to commencing, I did what preparation I could, printing out and reading The dramatic population increases expected those several Acts which I believed would be and the volatile nature of matters coming the mainstay of a magistrate’s daily workload. before these Courts will ensure their I was fortunate to be able to spend a week continuation for posterity. prior to my appointment settling in to my comfortable work environment in Cairns and It has been my great pleasure to have sitting in court daily with one of the Cairns experienced and been intimately involved in magistrates. the never ending kaleidoscope of people and events that have taken place in the Courts of I was sworn in at Cairns on 11 October Queensland over the past 49 years. 2004 and carried out my fi rst judicial act that afternoon. It seems that, in the fi rst few weeks, I drew my fair share of unusual matters – including one where my decision to enter a plea of not guilty and to release the defendant on bail was taken by that defendant to judicial review in the Supreme Court.

I did my fi rst “Cape A Circuit” (Lockhart River, Coen, Weipa and Kowanyama) six weeks after my appointment. For the fi rst half of 2005, I was allocated the Cooktown Circuit being alternately two and three days per month. Although, as with no doubt most Magistrates Courts in Queensland, the Cooktown Court can be busy. The largest general day that I encountered was some 90 odd defendants on 150 charges concluding at 7.30 pm.

76 Queensland Magistrates Courts Our People 77 ux of Polynesian people who are the new ux of Polynesian The Inala courthouse continued to provide The Inala courthouse region of Brisbane services to the western age and population for some 40 years until to close on 16 growth caused its doors the building had July 2005. When opened, recent years the one courtroom. In more population growth region has seen a rapid was added to and an additional courtroom people who visited the the building. Many old courthouse will remember its crowded conditions and narrow hallways. The old the building has now been incorporated into Station complex. Inala Police The diversity of cultures within the region to the Wacol began with its proximity Immigration Area (now partly occupied by the prisons). The area of Richlands and Inala were inhabited by European migrants. With the change to immigration policies of the 80s more Asian people, particularly Vietnamese people, moved to the region. an In more recent years, the area has seen infl to the area. “Australians” the The modern and spacious surrounds of new complex at Richlands provide easy The new facility access to the community. with a includes two purpose built courtrooms third and smaller room available for tribunal and other court related work. Closed circuit television (CCTV) is located within one of the courtrooms. Planning is currently under way to upgrade to videoconferencing facilities. Being centrally located to Brisbane’s correctional facilities, this technology will lead to proceedings being disposed of by way of video link without the necessity to have prisoners transported to the Court at considerable savings to the community. rst magistrate was ne chambers and 1965. cially opened on 24 November Annual Report 2004—2005 2004—2005 Report Annual The original Inala Magistrates Court was offi Prior to that time an appearance in Court meant a bus to Darra, then a train to the then a walk up George Street to the old City, Magistrates Courts at the top of Adelaide Street in Brisbane. The fi The Western Districts Magistrates Court at Districts The Western new Richlands opened on 19 July 2004. The court complex proclaimed a new era for client and justice service delivery for those communities located in Brisbane’s western suburbs. It replaces the local courthouse previously situated at Inala. The Old and the New Wessling Errol Magistrate – by not appointed to the centre until 1968. Prior to that time, the centre was serviced by a visiting magistrate from Brisbane. From its early days to the late 80s, a substantial part of the daily business of the Court involved weighbridge/log book offences incurred at under the the nearby Gailes Weighbridge control of the Department of Transport. Western Districts Magistrates Magistrates Districts Western Court During my short tenure, I have had fair During my short tenure, variety of cases and exposure to the large is to contend matters that a magistrate as a Magistrates Court with. I have now sat Atherton, Mossman, in Cairns, Mareeba, Coen, Weipa, Innisfail, Lockhart River, and Bamaga. Any Kowanyama, Aurukun about giving up my uncertainty that I had been dispelled and I private practice has enjoy my work as a magistrate immensely. Although I am looking forward to taking I up appointment in Mareeba in October, will miss the companionship of the other magistrates and the fi courtrooms in Cairns. Work Experience in the The Phoenix Program Magistrates Court – by Magistrate Linda Bradford-Morgan, – by Bridget Daley Brisbane

As a student in my 3rd year of law at the The Phoenix program is an annual University of Queensland, I was fortunate conference convened by the National to be involved in the Women and the Law Judicial College of Australia (NJCA) in a Society (WATL) Magistrates Work Experience different state of Australia each year for the Program. WATL offered the opportunity on-going training of magistrates. The 2005 for six of their members to accompany venue was Joondalup, north of Perth. a magistrate for one day a week for 10 This year the NJCA, after liaison with the weeks. This allowed us to gain a ‘behind the Western Australian Attorney-General, scene’ view of how the Magistrates Court amalgamated the Phoenix program with operates, and an opportunity to assist the the Western Australian Annual Magistrates magistrate and/or clerks of the court with Conference held from 9 – 13 May 2005. administrative tasks. Consequently, all 30 Western Australia’s I accompanied Ms Thacker at the Beenleigh magistrates attended the conference. There Drug Court for the ten week period. I found were 14 delegates from the other states this experience particularly benefi cial as and Papua New Guinea including the three the Drug Court is still relatively new to new recruits from Queensland, Christine Queensland. Being able to attend the Drug Roney, Trevor Morgan and I. This high level Court Team’s morning meetings and to sit cooperation had two major advantages for with the clerks during proceedings gave newly appointed magistrates – the program me insight into a different court system and the people. of which I had limited knowledge and The program content was premised experience. The team and the clerks were on a rarely spoken-of fundamental welcoming and assisted me in understanding – as magistrates we can have a profound court terminology, procedures and the impact of the life of many Queenslanders. rehabilitation processes that underlie the Consequently, the mission statement of the operation of the Drug Court. program was to up-skill us not in black As well as attending the Drug Court, I had letter law (this is the province of ongoing the additional opportunity, after the offi cial self-education) but in how we form decisions program ended, to accompany Ms Thacker about people and their family and social in the Childrens Court and the Brisbane backgrounds, assess their credit and sentence Magistrates Court. This allowed me to appropriately. Secondly, the sharing of the experience the diversity and specifi city of vast experience of my colleagues in meeting the proceedings in these different courts. the many challenges presented by our offi ce in the predominantly interactive sessions I am thankful to Ms Thacker and to WATL was invaluable. for this opportunity to see fi rst hand a practical application of my Law Degree. Western Australia, like Queensland, covers Further, I would encourage any law students a large decentralised geographic area with to embrace similar opportunities that may be many regional courts covered by one or offered. two magistrates servicing communities with many indigenous people and people from many other cultures. The tyranny of distance necessarily decreases the resources of support agencies available to regional courts and demands more of country magistrates.

78 Queensland Magistrates Courts Our People 79 air (or air culty of culty Room Court cult fi – This interactive – Dr Brett McDermott esh out our idiosyncrasies – Judge Reynolds of – Judge Reynolds of cult or ineffective legal culties. – Professor George Hampel QC of Decision Making Decision Australia Western the District Court of on the preparation conducted this session It was the widely of ex tempore decisions. all delegates to reserve accepted practice of of magistrates few decisions. The resourcing of reasons in long to allow preparation issue for our interstate matters was also an also addressed the colleagues. This session of issue of time management. Justice Owen Supreme Court added Australian the Western his experiences in hearing long running commissions of inquiry and corporate litigation with months of transcript and deadlines for decisions. Independence Judicial our session examined scenarios that tested perceptions of the hierarchy that we work or in and the boundaries of administrative Chief managerial intervention. The attending Magistrates advanced the importance of consultation and communication. Witnesses Children as of the Brisbane Mater Child and Youth Mental Health Service Brisbane delivered a fascinating lecture on how children as reporters of events differ from adults and how age and gender affects reliability as witnesses. Dr McDermott is currently involved in a pilot program in Queensland operating with families using a multi- disciplinary model with intensive home support. Handling Dif Craft Court Situations Monash University transported us to the new Joondalup Courthouse and assigned roles in moots devised to fl gave and shortcomings. This exercise licence to delegates with dramatic fl aspirations) and illustrated the diffi dealing with diffi representation, drug-affected or intoxicated people, and people with mental illness or language diffi – This cation, bias, cation, – This session cers, both at work and privately, and privately, cers, both at work ect on issues of disqualifi cult aspects of our job. The conduct of cult aspects of our job. Annual Report 2004—2005 2004—2005 Report Annual is increasingly subject to scrutiny. Justice is increasingly subject to scrutiny. Kirby’s paper “Judicial Stress” considered the impact of the high component of crime in our work, the high volume, the inability to delegate, and expectations to ‘get it work related stress factors are These right’. exacerbated by the culture of our profession – only the weak complain. The answer to coping with feeling emotionally drained, dealing with peoples’ grief and emotion, and the pressure, and volume and repetition of work? Self-regulation – scheduling breaks taking holiday leave, and through the day, developing rewarding interests outside the a lifetime to work environment. It may take a national perfect the technique; however, survey of magistrates conducted in 2002 recorded that few of our ranks seek a career change. session was an opportunity to discuss diffi judicial offi A snapshot of the program follows: the program of A snapshot and Ethics Conduct Judicial Magistrates by Faced Challenges was chaired by Justice Cummins of the was chaired by Justice Cummins of the Supreme Court of Victoria and Justice Miller of the Supreme Court of Western Australia. Small groups examined scenarios to refl contempt of court, and dealing with the media. The session was accompanied by judicial articles on unconscious excellent prejudice and pre-judgment which invites us to consider in depth how our education, backgrounds and belief systems impact on our evaluations of the testimony of witnesses. During the conference I was struck by the During the conference my colleagues, their consummate skill of experiences, and their generosity in sharing where they dedication to the communities sessions were thought lived. The program a deep sense of how provoking and imbued The array have this job. privileged we are to had clearly speakers of highly respected of thought and effort dedicated a great deal into their presentations and papers. The Phoenix Program continued

Sentencing – Professor Arie Frieberg of The Salvation Army and Monash University presented an excellent Queensland Magistrates Court state-by-state analysis of sentencing trends, different sentencing options, and legislative – by Mr Russell McLeod, Brisbane Court changes in response to community concerns Chaplain, Salvation Army (indefi nite and extended sentences for serious sexual and violent offenders). There For more than a decade The Salvation were signifi cant variations in sentencing Army has maintained a fulltime Chaplaincy between the states and territories. presence in the Brisbane Magistrates Courts and Watch-house with Major Bruce Cultural Awareness and Diversity – Our Buckmaster ministering for nine of those responsibility to ensure that litigants years. Over more recent years, Salvation from diverse cultural backgrounds had Army Chaplains have commenced in other an understanding of court processes and courts around Queensland, predominantly on procedures was examined in this session. a part time basis, the latest being in Roma. The resources to assist people confronting Major Russell McLeod was appointed as the cultural diffi culties to adequately represent Brisbane Court and Watch-house Chaplain in themselves or instruct legal representatives January 2005 succeeding Captain Errol Hart. varied greatly throughout Australia. It was impressed upon us that the ultimate ‘A friend to the court’ is the traditional role responsibility to ensure fair treatment and of the Salvation Army Court Chaplain which avoid misunderstandings in communication effectively extends its various capacities to rests with the judicial offi cer. everyone connected with the court process, from defendants to magistrates, correctional Lifestyle and Stress Management – The staff, prosecutors, police and solicitors, concluding session examined how to achieve to the many individuals and families a “work-life balance’ and effective stress suffering under the various effects of crime. management as a tool to better discharge Predominantly, our attention is focused in our obligations to the community. the Magistrates Court but also extends to the District, Supreme and other Courts as Participation in the Phoenix program was requested. As part of a network of court a rewarding undertaking that required each services, our presence in the watch-houses delegate to refl ect on the nature of our and arrest courts of Brisbane and Ipswich work and how we discharge our obligations daily assist people who are attempting to as judicial offi cers. The candour among navigate their way through the geography, delegates in sharing their experience emotion and basic workings of the court engendered a sense of camaraderie and process. common purpose that was valued by all participants. The daily challenge of informing family (as well as employers and others) that their loved one is in custody generally follows the initial visit to the Watch-house each morning. From the parent who has desperately supported their child through years of self abuse and crime to the family member who is hearing for the fi rst time of charges laid by police, the phone contacts undertaken by the Court and Watch- house chaplains often become emotional support and referral sessions.

80 Queensland Magistrates Courts Our People 81 c ve cers/Ministers (Majors cers/Ministers The development of a more intimate support The development of in longer and more basis to people engaged is seen as a sequential involved court cases provided by the progression in the service people of Queensland. Salvation Army to the on Salvation Army The daily demands as unique and varied Court Chaplains are the threshold of the as the people who cross will courts and who, by the grace of God, we years continue to effectively serve for many the Brisbane Courts are to come. Currently, Beryl, served by volunteers (Margaret, Wally, Sheila, Lyn and Sharon) a Salvation Army and full-time prison chaplain (David Harris) Salvation Army Offi Russell and Lorraine McLeod and Major appointed to specifi Davey) who are Peter Robert Pratt who positions. One volunteer, fi in the Arrest Courts for almost worked years has recently retired due to ill-health His but misses the people of the court greatly. work is greatly appreciated and prized. of With the prospect of the commencement the a Special Circumstances Court pilot in next few months, the involvement of the Salvation Army in the Courts of Brisbane is set to continue to remain increasingly relevant and effective. t from a talk Annual Report 2004—2005 2004—2005 Report Annual The involvement of Major Lorraine McLeod with the Court Chaplaincy Department over the last few months has allowed the expansion of our services to the new Brisbane Magistrates Court at 363 George Street on a continual basis, without detracting from our work at the Courts at the 240 Roma Street precinct (which are often Courts”). referred to as the “Arrest The Salvation Army has continued to Program to Lifestyle develop its Positive assist the Drug Court. The Drug Court pilot Army begun in 2003 involving the Salvation chaplains (Ian Douglas and Major Bruce Robinson) at Beenleigh and then Ipswich, Lifestyle used the Salvation Army Positive Program as an elementary intervention tool to assist people evaluate and redirect their lives. With continual evaluation and Lifestyle Program development, the Positive is still used to service the Beenleigh and Ipswich Drug Courts. This program, managed by Salvation Army Chaplains, has recently as a been offered to the Brisbane Magistrates offer tool to assist people before the court to an opportunity to evaluate their lifestyle and develop a greater sense of equilibrium, a an understanding of their strengths and purpose to their lives. and cuppa with the chaplains when their and cuppa with the load becomes challenging to bear. Though the court process is often frightening Though the court process to the people facing and fear-provoking the invisible victims prosecution, it is often and emotional support. who require practical the families and Not only the complainants, with offences, but friends of those charged court staff and even also police, solicitors, benefi the occasional magistrate Commemorative Ceremonies “This building will satisfy a long felt need especially for lower Court work Extract of Transcript of Proceedings which for many years has functioned in premises belonging to an earlier Chief Magistrate’s Address at the period in the development of the Closing Ceremony – Magistrates Court State’s capital. Our lower Courts 179 North Quay Brisbane play a vital role in the maintenance 12 November 2004 of our democratic way of life. It is only proper therefore that our Judges, “This building was initially designed as Magistrates and all other people a speculative offi ce building. When the involved in the administration of Government later purchased it, it was justice, whether professionally or as converted for use by Courts. litigants, should be able to discharge their duties and obligations in Before coming to this building, the different comfortable, modern surroundings.” sections of the Magistrates Court was spread out all over Brisbane from one end of George In the same publication, the Deputy Premier Street to the other and at different times, and Treasurer of the day, the Honour Sir on Herschel Street. The building was called Gordon Chalk, said this: the Central Courts Building because when it commenced operations in December of 1974, “The opening of these new premises it housed the District Court in addition to the today marks a new era in the Magistrates Court. administration of the Law Courts of Queensland. They provide for more There were 12 Magistrate Court rooms effi cient operation of Magistrates and on the higher fl oors and 13 District Court District Courts and so should reduce rooms on the lower fl oors which were delays caused by overcrowding for a each fi tted out with jury boxes. Those jury number of years. Better facilities and boxes remain to this day although they services are provided for the legal have been converted to other uses such as profession, for juries, the public and seating for police prosecutors and lawyers for all those who use the Courts. waiting for their trials to be called. There The new buildings are adjunct to the was even a jury assembly area constructed development of the city area and are to hold 120 people and a kitchen dining in keeping with the requirements of a facility to provide meals for up to 84 jurors growing city and State.” simultaneously in six separate dining rooms although I understand this ceased when Well, the past three decades have taken their some jurors suffered food poisoning. The toll on this old building and similar words District Court moved to its current address could be said at the opening of our new on George Street around 1981 and 1982. premises next Tuesday.

When this building was opened on the This building belongs to an earlier period 18th of February 1975 the then Premier of of brown bricks and khaki yellow carpet. Queensland, the Honourable Sir Johannes It’s not diffi cult to imagine the clerks of Bjelke-Petersen, stated in the original that era dressed in their best Safari Suit booklet which was printed to coincide with style clothing and the Magistrates kitted the opening and which Magistrate Randall out, often in suits of brown, without robes has treasured for all these years, and I quote: as demonstrated in the 1979 Stipendiary Magistrates’ Conference photo which, until recently, has been hanging near my Chambers.

82 Queensland Magistrates Courts Our People 83 they will provide a much dent that ood of work and many future Judges were more pleasant place for Magistrates, Court more pleasant place litigants alike. staff, practitioners and The opening of the new building next Thursday will symbolically mark the beginning of a new era. It will be accompanied by a change in the form of address to Magistrates from your Worship This will create uniformity to your Honour. and remove confusion. I will no longer I’m sorry, Worship, be addressed as, “Your Magistrates will no longer be your Honour.” and it is appreciated Majesty”, called, “Your that this change, which has long been overdue, has been supported by the Chief Justice, the Chief Judge, the Bar Association as and the Queensland Law Society as well the Attorney-General. While we welcome the future and willingly embrace progress and change, we have to be mindful of the past and respectful of our traditions. Many Magistrates and Court other members of the judiciary, staff and legal practitioners, would have an extraordinary collection of memories centred in this building. There are also the litigants that have appeared in this building. They have ranged from an ex-Premier to colourful sporting entrepreneurs of notoriety, identities and citizens from all walks of life. If the walls could talk, the public who heard the stories would be captivated and entertained for years. There would be stories about the days of the street march when two Courts were trials in the 1970’s operating simultaneously to deal with the fl appearing as counsel for the defendants. many other cases of interest have Naturally, started in this building including the Fine Cotton trial and the “Bottom of the Harbour” prosecutions. I’m hopeful that our new premises, which I’m hopeful that our with the prospect of have also been built will be able to adapt meeting future growth, demands for an even to those increasing 30 years that this longer period than the I am the Magistracy. building has housed confi nal time from the booklet, heels. It was ares and platform “For a considerable time many employees have had to work in unsatisfactory conditions and I appreciate the tolerance and understanding which they have always shown.” “Enhance the dignity and the reputation of Queensland’s Law Courts.” nitely been a long felt need to move into Annual Report 2004—2005 2004—2005 Report Annual As you walked under the protective As you walked scaffolding of our impressive front entrance you would have appreciated that this today, building is literally falling down around us. Not only have the bricks been falling off the building but this week the Magistrates’ lift stopped working, the air-conditioning has been on the blink and even my phone gave up the ghost. All these are signs being sent to us that it is the right time to go. I would like to extend my recognition on I would like this occasion to all staff who have tolerated the decaying conditions in this building over recent years. The clerks of the court, the Registrars and their staff, have played an integral and valuable part in running like the Courts in this building. Persons, Jack Graham, who was in charge of the Court records in those days are reputed to our current computer than QWIC, be quicker based records system. the then Justice, Minister for Justice and the then Justice, Minister for Justice and Attorney-General, the Honourable Sir said: William Knox, To quote one fi To Having functioned in a building that so Having functioned in there has strongly belongs to the ‘70’s, defi that comfortable and modern surroundings will, to again adopt the words of the Premier in the original booklet for this building: It was the days, as this booklet shows, of It was the days, as this people with fl where the Court was probably also the days of typewriters recorded by the clattering reel to reel tapes before we moved through the new building, to cassettes and, in towards digital recording. Commemorative Ceremonies continued

One of our Magistrates whose memories past two days about the amount of time go back to his times as a depositions clerk they spent here as articled clerks. Anne in this building remembers, as I’m sure a recalls having to be evacuated for bomb number of you here today, the redoubtable threats on a number of occasions, although Mr Clyde Evans who was for many years I understand they stopped after the District the Industrial Magistrate. Apparently Court moved out of the building. those dealing with workers’ compensation references were conscious of the need to I also recall starting my professional career avoid “The Wrath of the Evans”, as it was here as many other prosecutors did because called, being brought down on their heads in the mid-’70’s there was a prosecutor’s when requesting a transfer to Court Number offi ce in this building. Like so many of you 11 in Brisbane. The regulations required here today, it was here that I appeared in my any transfer to meet the satisfaction of the fi rst trial and, coincidentally, it was also the Industrial Magistrate otherwise, I am told, place where I appeared in my last trial before the matter boomeranged. Noel Nunan.

Yesterday, when I was cleaning out my Like many of you, I gained valuable offi ce, I found the name plate of another experience from appearing against Industrial Magistrate, Mr J O Lee, was hidden experienced counsel in trials in this building away in the shelves behind some books and even if the trials were related to oversized I’m sure many of you recall him. I found crabs and adulterated sausages. At least the keys marked, “SSM, 179 North Quay.” It one High Court Judge, Mr Callinan QC, reminds us of the days before 1991 when we appeared in this Court and the Chief Justice were Stipendiary Magistrates. This, and other was reminding me only recently of his early elements of our history, will undoubtedly appearances here. fi nd their way into the time capsule which The advertising for the proposed apartments will be part of our new premises. next door, if anyone has paused to see Many of our current Magistrates were here it, announced that they will be called, on the opening of the building, although in “Evolution”. With the departure from this different roles. Tony Pascoe, the Children’s building today, this Court also undergoes an Court Magistrate and John Smith, who has evolution. It truly is the end of an era. It is recently joined us from Hervey Bay, were an era about which I am sure that those who working in the Magistrates Court offi ce are sitting at the bar table today also have when the building opened. Joan White many fond memories. was working in the District Court Registry. I would like to thank everybody who Shortly afterwards she made history by has come to help us say farewell shattering the glass ceiling by being the fi rst to this building. The sooner I stop female to lead the Judges’ procession into talking the sooner we will be able to Court, which many of you will recall from go outside and bid farewell to this earlier days. Bill McKay and Bill Randall building with some refreshments also came to this building not long after and, having said that, I adjourn the it opened and sat as Magistrates in that Central Courts at 179 North Quay for building. the last time and leave with the plea I know a number of you here today were that would the last person to leave Judges’ clerks in that building. Elizabeth please turn out the lights. The Court Hall was a clerk to Judges Ralph Cormack is adjourned.” and B M McLaughlin. Noel Nunan and Anne Thacker were reminding me over the

84 Queensland Magistrates Courts Chief Magistrate’s Address at the I remember that at a very early stage we The Key to the Opening Ceremony – Magistrates Court were given a virtual tour of the interior of Brisbane Magistrates 363 George Street Brisbane this building. Court building presented to the 16 November 2004 We have also been afforded demonstrations Chief Magistrate by on the state-of-the-art technology which It is the tradition, on the opening of a the Honourable the will now be used in the court rooms. Premier Peter Beattie courthouse constructed by the executive at the opening. arm of government, that the keys are Magistrates have also been invited to handed over and entrusted to the judiciary, provide input on issues such as shelving symbolising its independence from other requirements in the Magistrates’ library arms of government. through to the colour of the furnishings in Magistrates chambers. It is a signifi cant recognition of the stature of the Queensland Magistracy for the Premier When I was appointed to the position of Chief to hand over the keys today. Thank you Magistrate just over 14 months ago, little Premier Beattie. did I realise that my lack of interior design qualifi cations would be a cause for regret. This is a very exciting day for Magistrates, However, I would hope that the experience I staff and users of the Brisbane Magistrates now have in choosing fabrics and furnishings Court. It is a day that those who worked in would be recognised to some degree. the old Central Courts Building at 179 North Quay have been counting down the days, Having said that, I cannot take the credit for eager for it to happen. the aesthetic quality of chambers, etcetera.

All the Magistrates in Brisbane were Our People There has been a signifi cant amount of provided an opportunity to have some input planning leading up to today’s opening. The into these decisions, and I admit that I did Department is to be congratulated on its very not always vote for the winning selection. thorough consultation with Magistrates in the course of the planning for the new building.

Annual Report 2004—2005 85 Though it would have been diffi cult to make a poor decision choosing from the samples that were provided, as all were pleasing to the eye.

On behalf of the Magistrates, I would like to sincerely thank Barry Mulheran and Dennis Revell from Property Services for making these decisions so easy and also for their tireless efforts at ensuring, not only the Magistrates, but the Court staff as well, were all kept up-to-date with the progress on the building.

Their assistance has been invaluable in guaranteeing that the transition to the new building is as hassle-free as possible and that this new complex would meet all our demands and be ready for operation by tomorrow.

The magistracy is very pleased to be moving into this purpose-built courthouse. The fi rst of its kind aside from the Roma Street Arrest Courts. Auntie Ella Gordon In contrast to the old Central Courts Building at 179 North Quay, presenting a gift of magistrates and court staff will feel much better about coming to earth from the site work. of the new Brisbane Magistrates Court Litigants and their representatives should feel less stressed. The layout building on behalf of and amenities of this new court have been designed to remove a lot of the Brisbane Council the tensions and trauma associated with appearing in court, such as of Elders. separating parties involved in particular matters.

Additionally we are very proud to be moving into a building which is so environmentally friendly and I congratulate the government on their achievement in this regard and wish them well in those awards in which the design has been nominated.

It is with great pleasure that I accept the keys to this new courthouse.

Thankyou

Urn used for the traditional Smoking Ceremony placed in the entrance of the new Brisbane Magistrates Court building.

86 Queensland Magistrates Courts Daniel Templeman Confl uence 2004 Brisbane Magistrates Court

Confl uence aims to show us the central function of the courts. Two different forms meet as if to represent the dynamics of an altercation. The visual curiosity of the sculpture is its thought- provoking illusion of soft fl uid form that appears to move through rigid obstacles. The relationship between the two forms can be seen as the relationship between the human nature of citizens and the nature of the law.

Appendices Appendices

1. Criminal Lodgements ...... 90

2. Civil Claims ...... 94

3. Domestic and Family Violence Applications and Orders ...... 98

4. Commonwealth Lodgements ...... 102

5. Magistrates Circuits ...... 104

6. Places for Holding Magistrates Courts ...... 105

7. Professional Development ...... 106

8. Magistrates’ Participation on External Bodies ...... 108

9. Magistrates Committees ...... 109

10. Legislation Commonly Dealth With in the Magistrates Court ...... 110

11. Practice Directions ...... 115

88 Queensland Magistrates Courts Appendices 89 whom one or more criminal as – a person or organisation against ned standards as stipulated by the c charges in accordance with the national reporting nitions fi Annual Report 2004—2005 2004—2005 Report Annual The difference in the number of Applications lodged (ie Total and RoGS), is due to the The difference in the number of Applications lodged (ie Total of secondary applications in accordance with the national reporting standards exclusion Services as stipulated by the Report on Government Services. The Report on Government variation of a does not include secondary applications, that is, applications for revocation or domestic violence order which are lodged with the Magistrates Court. Magistrates Court – Domestic and Family Violence Applications Applications Violence and Family – Domestic Court Magistrates and Orders Report on Government Services. The Report on Government Services does not include charges Report on Government Services. The Report are a secondary process, for example, charges relating lodged with the Magistrates Court which breach of community service order of probation order, to breaches of penalties such as breach and breach of bail. Magistrates Court – Criminal Lodgements – Criminal Court Magistrates is due to the exclusion and RoGS), lodged (ie Total The difference in the number of Defendants of specifi Report on Government Services on Government Report produced by the Steering Committee for the Review of Report on Government Services (RoGS), Government Service Provision. Defendant A Defendant is defi De in this report enumerates this does not mean that the data published It should be noted that be involved in a number of separate as one individual or corporation may distinct individuals, corporations who have charges the reference period. Individuals or criminal cases during occasions within the reference period, are counted lodged with a Magistrates Court on multiple charge/s are lodged. as an additional Defendant each time a charges are lodged on the same day in the same Magistrates Court. the same day in the same Magistrates charges are lodged on Explanatory Notes Explanatory APPENDIX 1: Criminal Lodgements

Magistrates Court Childrens Court

Number of Defendants Number of Number of Defendants Number of Total % of State Total R.o.G.S. Charges Total R.o.G.S. Charges Charges Total Alpha 22 21 41 - - - 41 0.01% Atherton 908 849 1,530 64 59 120 1,650 0.48% Aurukun 576 499 968 104 102 230 1,198 0.35% Ayr 622 592 952 52 51 103 1,055 0.31% Badu Island 88 85 131 3 3 3 134 0.04% Bamaga 201 162 299 22 21 42 341 0.10% Barcaldine 71 69 110 - - - 110 0.03% Beaudesert 937 896 1,918 57 56 137 2,055 0.60% Beenleigh 10,362 9,426 21,581 626 575 1,658 23,239 6.74% Biloela 584 555 939 24 24 84 1,023 0.30% Birdsville 15 15 15 - - - 15 0.004% Blackall 56 56 96 2 2 4 100 0.03% Blackwater 225 211 326 4 4 6 332 0.10% Boulia 52 48 73 3 3 15 88 0.03% Bowen 616 566 979 18 17 40 1,019 0.30% Brisbane 28,394 26,728 57,640 1,148 1,038 2,156 59,796 17.34% Bundaberg 3,440 3,223 6,000 244 228 456 6,456 1.87% Burketown 40 36 54 - - - 54 0.02% Caboolture 3,899 3,581 6,745 308 269 575 7,320 2.12% Cairns 9,391 8,525 14,799 471 421 1,165 15,964 4.63% Caloundra 664 660 1,173 - - - 1,173 0.34% Camooweal 81 74 134 - - - 134 0.04% Charleville 287 258 623 14 13 33 656 0.19% Charters Towers 383 363 523 87 82 158 681 0.20% Cherbourg 187 187 233 75 74 165 398 0.12% Childers 217 209 292 4 4 12 304 0.09% Chinchilla 222 215 383 23 23 59 442 0.13% Clermont 44 40 64 - - - 64 0.02% Cleveland 2,748 2,572 6,757 181 168 501 7,258 2.10% Cloncurry 270 263 494 12 12 14 508 0.15% Coen 87 71 131 - - - 131 0.04% Cooktown 616 562 891 29 28 71 962 0.28%

90 Queensland Magistrates Courts Appendices 91 Coolangatta Cunnamulla Dajarra 1,291 Dalby 1,192 296 Dirranbandi 1,688 Doomadgee 272 24 Duaringa 3 55 Emerald 946 587 24 495 Gatton 893 51 54 3 Gayndah 445 51 37 Georgetown 1,893 51 723 3 89 Gladstone 754 123 51 2 1,691 892 138 Goondiwindi 681 207 0.49% 46 8 117 17 Gympie 725 855 67 1,272 2,667 2 198 Hervey Bay 0.21% 357 46 578 17 7 2,499 1,338 Holland Park 16 2,250 4 388 8 546 Hope Vale 0.65% 1,719 98 5,045 1,837 51 16 9 32 Hughenden 4,164 1,575 4 11 1,724 45 1,135 852 158 Ingham 4,006 50 0.01% 98 0.25% 33 - 2,942 Inglewood 3,084 29 144 32 9 34 0.03% 1,305 6,809 149 Innisfail 86 193 59 0.38% 1,487 360 99 29 - 154 Ipswich 34 58 0.43% 5,405 473 0.03% 182 79 Julia Creek 56 153 101 446 1.57% 4 Kingaroy - 1,529 460 1,236 55 0.13% 410 125 Kowanyama 93 309 0.36% 1,419 3,494 8,711 4 32 3,035 7,118 Lockhart River 682 - 45 1.01% 23 8,129 0.01% 2,408 0.88% 2.06% Longreach 433 17 656 14,531 45 Mackay 22 4 198 - 70 397 608 Mareeba 609 17 169 34 - Maroochydore 62 268 70 551 - 814 Maryborough 812 25 4,240 159 247 301 125 1,110 6,700 Millmerran 55 - - 1,595 0.05% 15,641 54 3,928 2,533 707 32 6,239 0.02% 1,636 14 4.54% 1,424 0.73% 0.21% 560 7,229 53 1,553 - 14,109 - 29 2,221 11 103 19 305 332 199 2,616 198 4 55 - 1,013 258 96 24 0.001% 19 175 317 0.29% 184 867 70 325 625 161 0.25% 722 190 67 0.02% 0.09% 339 7,854 14,831 627 2,560 518 2.28% 4.30% 1 3,134 0.18% 0.74% 0.91% 1 3 193 0.06% Total R.o.G.S. Charges Total R.o.G.S. Charges Charges Total Charges Charges Court R.o.G.S. Total Childrens Court Charges R.o.G.S. Magistrates Total Defendants Number of Number of Defendants Number of Number of Total State % of Criminal Lodgements continued Lodgements Criminal Annual Report 2004—2005 2004—2005 Report Annual Criminal Lodgements continued

Magistrates Court Childrens Court

Number of Defendants Number of Number of Defendants Number of Total % of State Total R.o.G.S. Charges Total R.o.G.S. Charges Charges Total Mitchell 88 83 113 6 5 10 123 0.04% Monto 9 9 9 - - - 9 0.003% Moranbah 227 213 479 9 8 19 498 0.14% Mornington Island 462 426 700 22 19 55 755 0.22% Mossman 823 776 1,113 27 23 41 1,154 0.33% Mount Isa 2,541 2,308 3,896 248 236 504 4,400 1.28% Murgon 738 641 1,204 266 246 692 1,896 0.55% Nambour 537 494 757 - - - 757 0.22% Nanango 382 356 571 26 23 48 619 0.18% Noosa 1,520 1,447 2,499 64 60 133 2,632 0.76% Normanton 447 416 712 33 30 86 798 0.23% Oakey 173 169 232 9 9 22 254 0.07% Palm Island 387 341 676 37 31 66 742 0.22% Petrie 2,330 2,217 4,533 173 167 344 4,877 1.41% Pittsworth 88 83 113 8 7 11 124 0.04% Pormpuraaw 324 279 466 2 2 3 469 0.14% Proserpine 989 956 1,455 6 6 13 1,468 0.43% Quilpie 32 32 49 - - - 49 0.01% Redcliffe 3,522 3,227 6,556 251 236 500 7,056 2.05% Richlands 4,885 4,425 9,568 335 302 679 10,247 2.97% Richmond 59 56 84 - - - 84 0.02% Rockhampton 5,039 4,714 9,113 631 591 1,271 10,384 3.01% Roma 497 450 929 48 47 96 1,025 0.30% Sandgate 2,811 2,657 6,437 279 270 852 7,289 2.11% Sarina 285 281 405 4 3 5 410 0.12% Southport 17,351 16,320 28,887 583 557 1,497 30,384 8.81% St.George 340 318 581 16 15 26 607 0.18% Stanthorpe 432 413 635 25 25 45 680 0.20% Tambo 24 23 38 - - - 38 0.01% Taroom 29 29 57 1 1 2 59 0.02% Thursday Island 524 441 914 35 32 76 990 0.29% Toogoolawah 267 262 387 4 4 20 407 0.12%

92 Queensland Magistrates Courts Appendices 93 10,188 24,511 344,825 166,230 166,230 320,314 11,013 Total R.o.G.S. Charges Total R.o.G.S. Charges Charges Total Charges Charges Court R.o.G.S. Total Childrens Court Charges R.o.G.S. Magistrates Total Defendants Number of Number of Defendants Number of Number of Total State % of Total Total 178,555 Toowoomba Toowoomba Townsville Tully 4,634 Warwick 4,242 10,689 Weipa 9,935 8,077 Winton 16,936 Woorabinda 1,237 336 637 704 Wujal Wujal 1,159 302 607 496 Wynnum 624 459 2,186 56 Yarrabah 787 442 1,895 935 20 Yeppoon 8,864 432 61 18,831 55 2,037 2.57% 5.46% 26 712 20 60 1,911 590 434 107 27 23 136 716 4,135 89 388 23 4 23 2,275 56 135 117 696 0.66% - 565 991 113 1,099 210 4 46 0.29% 69 800 - 758 274 54 0.23% 8 0.22% 4,409 64 1.28% 54 - 115 125 0.03% 23 94 690 0.01% 1,193 0.20% 0.35% Criminal Lodgements continued Lodgements Criminal Annual Report 2004—2005 2004—2005 Report Annual APPENDIX 2: Civil Claims

Civil Claims Minor Debt Claims Small Claims Total Claims Atherton 50 63 58 171 Ayr 135 51 62 248 Barcaldine 8 12 1 21 Beaudesert 347 130 103 580 Beenleigh 1,249 1,467 - 2,716 Biloela 45 27 31 103 Blackwater 47 4 14 65 Bowen 51 23 39 113 Brisbane 13,979 2,139 6,807 22,925 Bundaberg 269 176 216 661 Caboolture 487 1,396 650 2,533 Cairns 637 496 766 1,899 Caloundra 358 97 48 503 Charleville 53 25 8 86 Charters Towers 40 70 19 129 Childers 10 48 7 65 Chinchilla 44 11 20 75 Clermont 15 8 2 25 Cleveland 438 782 - 1,220 Cloncurry 25 5 12 42 Cooktown 29 10 4 43 Coolangatta 214 90 250 554 Cunnamulla 23 4 3 30 Dalby 66 79 25 170 Emerald 39 63 34 136 Gatton 106 35 62 203 Gayndah 32 28 11 71 Georgetown 2 - - 2 Gladstone 124 190 158 472 Goondiwindi 52 24 13 89 Gympie 126 106 133 365 Hervey Bay 121 174 180 475 Holland Park 925 419 - 1,344

94 Queensland Magistrates Courts Appendices 95 Hughenden Ingham Innisfail Ipswich 10 Julia Creek Kingaroy 44 204 Landsborough 6 744 Longreach 4 Mackay 15 144 54 27 Mareeba 264 Maroochydore - 16 Maryborough 7 27 47 357 75 Mitchell 61 481 783 93 Moranbah 16 158 11 Mossman 4 349 86 8 Mount Isa 24 292 422 1,791 Murgon 13 22 111 15 Nambour 9 373 43 15 Nanango 199 659 153 97 Noosa 33 4 92 18 Normanton 33 1,079 36 119 1,562 39 Oakey 111 44 Petrie 148 361 5 20 Pittsworth 27 191 469 7 40 Pomona 148 Proserpine 131 8 Quilpie 123 22 53 682 14 57 28 6 Redcliffe 122 356 Richlands 25 136 24 9 180 Richmond 165 645 74 41 Rockhampton 17 2 341 Roma 138 13 467 18 76 240 Sandgate 494 259 - 4 30 91 2 128 198 1 1,087 158 427 217 33 5 73 402 - 2 - 39 353 76 36 1 432 665 1,039 6 18 - 6 87 293 Claims Civil Claims Minor Debt Claims Small Claims Total Civil Claims continued Claims Civil Annual Report 2004—2005 2004—2005 Report Annual Civil Claims continued

Civil Claims Minor Debt Claims Small Claims Total Claims Sarina 31 19 26 76 Southport 3,129 2,623 2,353 8,105 Springsure - - - - St. George 14 29 12 55 Stanthorpe 19 16 13 48 Taroom 10 2 1 13 Thursday Island 8 82 79 169 Toogoolawah 38 8 11 57 Toowoomba 607 420 368 1,395 Townsville 1,296 573 690 2,559 Tully 41 28 27 96 Warwick 60 58 54 172 Weipa 5 4 2 11 Winton 4 7 2 13 Wynnum 266 166 - 432 Yeppoon 42 25 96 163 Total 30,908 15,674 16,813 63,395

96 Queensland Magistrates Courts Appendices 97 Magistrates Court Court Magistrates to inspect gather staff building new their a barbeque and enjoy open the staff day at held in November. Annual Report 2004—2005 2004—2005 Report Annual APPENDIX 3: Domestic and Family Violence Applications and Orders

Reference Period: 1 July 2004 to 30 June 2005 Inclusive

Number of Applications Number of Orders Made

Temporary Vary Revoke Number of Total R.o.G.S. Protection Protection Protection Protection Applications Order Order Order Order Total Dissmissed

Alpha 3 3 2 - - - 2 - Atherton 206 171 161 68 34 2 265 26 Aurukun 50 50 44 15 - - 59 4 Ayr 147 126 96 78 10 1 185 19 Badu Island 15 14 13 1 2 - 16 1 Bamaga 43 39 42 4 2 - 48 - Barcaldine 6 6 4 - - - 4 - Beaudesert 185 155 127 74 36 3 240 19 Beenleigh 1,801 1,551 1,143 1,278 264 2 2,687 488 Biloela 101 88 80 34 9 1 124 13 Blackall 8 8 5 2 - - 7 3 Blackwater 48 44 32 22 2 - 56 8 Boulia 6 6 3 4 - - 7 2 Bowen 70 63 51 29 6 1 87 14 Brisbane 1,752 1,510 1,230 847 197 10 2,284 275 Bundaberg 691 557 415 605 145 12 1,177 131 Burketown 10 10 9 12 - - 21 - Caboolture 832 677 509 407 121 20 1,057 212 Cairns 1,044 890 749 579 151 7 1,486 163 Caloundra 31 30 15 19 - - 34 10 Camooweal 7 6 6 5 - - 11 - Charleville 36 28 18 15 6 1 40 7 Charters Towers 91 77 56 50 7 - 113 22 Childers 21 14 14 2 5 - 21 1 Chinchilla 44 37 38 7 7 - 52 3 Clermont 16 12 10 5 3 - 18 4 Cleveland 654 550 443 399 121 2 965 80 Cloncurry 34 30 21 14 1 - 36 11 Coen 15 14 13 5 2 - 20 - Cooktown 86 79 78 56 7 - 141 7

98 Queensland Magistrates Courts Appendices 99 Protection Protection Applications Number of Orders Made Orders Number of e Applications and Orders continued Orders and e Applications Coolangatta Cunnamulla 312 Dajarra Dalby 37 269 Dirranbandi 35 202 Doomadgee 3 Duaringa 3 72 141 33 Emerald 64 3 Gatton 65 2 38 14 62 2 Gayndah 1 59 94 Georgetown 3 1 3 53 1 142 Gladstone 83 3 384 35 18 Goondiwindi 127 5 43 - 1 - Gympie 354 30 58 - 61 101 7 Hervey Bay 89 3 48 284 - - Holland Park 27 - 34 51 301 72 352 Hughenden 245 - 3 - 782 Ingham 222 1 - 13 - 11 291 42 - 84 11 4 128 662 Innisfail 17 97 - 169 3 231 Ipswich 6 20 476 - 51 17 - Julia Creek 55 1 150 7 153 274 - 103 1 Kingaroy 185 394 9 1,060 1 8 47 - 14 - 221 Kowanyama 6 71 40 3 899 110 46 Landsborough 430 20 - 37 176 25 85 1 4 67 Lockhart River - 674 2 1 7 4 1 Longreach 8 71 68 27 78 39 64 391 6 431 7 720 Mackay 1 988 2 1 Mareeba 51 42 19 59 - 14 7 117 6 Maroochydore 70 43 129 - 617 3 1,068 1 Maryborough 18 74 254 11 1 7 19 5 1 Millmerran 475 876 1,522 271 303 14 212 18 - - 72 10 411 234 652 4 10 182 2 201 9 57 242 - 188 - - 698 11 - 8 - 143 63 130 5 150 170 4 70 - 8 28 - 36 38 17 5 1 - 1 1,537 1 9 788 4 7 27 5 299 242 - 379 6 96 - 3 30 44 - 18 1 Temporary Vary Revoke Number of Number Revoke Vary Temporary Total R.o.G.S. Protection Protection Order Order Order Order Total Dissmissed Dissmissed Total Order Order Order Order Annual Report 2004—2005 2004—2005 Report Annual Applications Number of Domestic and Family Violenc and Family Domestic Domestic and Family Violence Applications and Orders continued

Number of Applications Number of Orders Made

Temporary Vary Revoke Number of Total R.o.G.S. Protection Protection Protection Protection Applications Order Order Order Order Total Dissmissed

Mitchell 14 12 9 5 - 2 16 2 Moranbah 23 20 13 15 2 - 30 8 Mornington Island 65 62 61 54 4 - 119 3 Mossman 102 83 76 41 18 - 135 12 Mount Isa 401 329 283 217 65 3 568 52 Murgon 127 116 109 86 18 - 213 18 Nambour 39 36 19 30 1 - 50 17 Nanango 83 73 53 70 7 - 130 34 Noosa 290 230 167 232 53 8 460 80 Normanton 81 73 67 83 8 - 158 8 Oakey 32 24 23 7 5 - 35 4 Palm Island 89 86 74 38 4 - 116 7 Petrie 593 513 420 414 83 8 925 77 Pittsworth 20 14 16 16 3 1 36 6 Pormpuraaw 36 34 34 14 2 2 52 1 Proserpine 80 66 54 34 8 2 98 21 Quilpie 2 2 2 1 - - 3 - Redcliffe 619 473 380 253 111 9 753 98 Richlands 860 752 560 349 71 10 990 172 Richmond 9 7 6 5 1 - 12 - Rockhampton 716 573 442 288 139 16 885 110 Roma 68 57 46 33 10 1 90 8 Sandgate 587 503 370 272 78 14 734 164 Sarina 16 14 12 1 2 - 15 1 Southport 2,359 1,907 1,391 1,202 310 34 2,937 716 St.George 42 41 29 18 - - 47 8 Stanthorpe 51 42 33 30 9 - 72 8 Tambo 3 3 1 2 - - 3 - Taroom ------1 Thursday Island 89 79 61 37 20 - 118 8 Toogoolawah 38 29 22 16 6 - 44 10

100 Queensland Magistrates Courts Appendices 101 Protection Protection Applications Number of Orders Made Orders Number of e Applications and Orders continued Orders and e Applications 912 20,831 16,414 13,389 3,569 286 33,658 4,848 Total 24, Total Toowoomba Toowoomba Townsville 711 Tully 1,121 Warwick 580 Weipa 906 466 Winton 109 163 700 Woorabinda 365 140 94 Wynnum 792 52 137 60 Yarrabah 11 113 87 180 52 Yeppoon 399 58 7 10 86 136 48 318 42 15 978 137 57 1,687 127 9 21 263 14 13 113 121 115 3 215 237 5 105 2 - - 27 222 3 90 149 54 1 10 - 37 3 13 - 12 55 - 593 3 63 15 155 - 2 100 172 1 2 10 11 Temporary Vary Revoke Number of Number Revoke Vary Temporary Total R.o.G.S. Protection Protection Order Order Order Order Total Dissmissed Dissmissed Total Order Order Order Order Annual Report 2004—2005 2004—2005 Report Annual Applications Number of Domestic and Family Violenc and Family Domestic APPENDIX 4: Commonwealth Lodgements

Defendants Charges

A New Tax System (Australian Business Number) Act 1999 1 1 Air Navigation Regulations 1947 1 1 Airports (Control of On-Airport Activities) Regulations 1997 53 53 Australian Crime Commission Establishment Act 2002 7 9 Australian Federal Police Act 1979 1 1 Aviation Transport Security Act 2004 1 1 Aviation Transport Security Regulations 2005 3 3 Bankruptcy Act 1966 59 63 Civil Aviation Act 1988 7 55 Civil Aviation Regulations 1988 9 36 The Commonwealth Electoral Act 1918-1966 16 16 Copyright Act 1968 31 188 Corporations Act 2001 159 179 Crimes (Aviation) Act 1991 8 8 Crimes (Currency) Act 1981 27 50 Crimes Act 1914 440 670 Criminal Code Act 1995 1,116 2,381 Customs Act 1901 113 140 Defence Act 1903 1 1 Environment Protection and Biodiversity Conservation Act 1999 4 5 Excise Act 1901 24 24 Extradition Act 1988 1 1 Family Law Act 1975 5 5 Financial Transaction Reports Act 1997 51 131 Fisheries Management Act 1991 32 34 Great Barrier Reef Marine Park Act 1975 21 21 Great Barrier Reef Marine Park Regulations 1983 10 12 Health Insurance Act 1973 4 171 Income Tax Assessment Act 1936 11 332 Maritime Transport and Offshore Facilities Security Regulations 2003 3 3 Migration Act 1958 7 11 National Health Act 1953 1 1 Occupational Health and Safety (Maritime Industry) Act 1993 2 3 Passports Act 1938 5 5

102 Queensland Magistrates Courts Appendices 103 3,841 8,752 Primary Industries Levies and Charges Collection Act 1991 1991 and Charges Collection Act Primary Industries Levies 1987 Proceeds of Crime Act 1995 and Property) Act of Persons Public Order (Protection 2 2 3 2 6 8 Defendants Charges Defendants Grand Total Grand Total Quarantine Act 1908 Quarantine Act 1992 Act Radiocommunications 1992 Act of Process Service and Execution 1999 Act Social Secutiry (Administration) 1991 Social Security Act 1959 Statutory Declarations Act 1993 Act Superannuation Industry (Supervision) 1974 Act Administration Taxation 1997 Act Telecommunications 224 1984 Act Strait Fisheries Torres 1995 369 Trade Marks Act 378 3 1996 Act Relations Workplace 718 16 Regulations 1996 Relations Workplace 1 5 16 1 2 105 845 183 2 2,762 1 12 1 1 12 10 8 1 11 34 Commonwealth Lodgements continued Lodgements Commonwealth Annual Report 2004—2005 2004—2005 Report Annual APPENDIX 5: Magistrates Circuits

BEENLEIGH DALBY KINGAROY ROCKHAMPTON Beaudesert Chinchilla Cherbourg Duaringa Dirranbandi Gayndah Mackay Millmerran Murgon Woorabinda BOWEN Oakey Nanango Yeppoon Mackay Pittsworth Toogoolawah Proserpine St. George Taroom SOUTHPORT MACKAY Coolangatta BUNDABERG Sarina EMERALD Childers Alpha TOOWOOMBA Barcaldine MAREEBA Gatton CAIRNS Blackall Atherton Aurukun Blackwater Georgetown Badu Island Clermont Mossman TOWNSVILLE Bamaga Longreach Mount Garnet Ayr Coen Moranbah Charters Towers Cooktown Springsure Hughenden Kowanyama Winton MAROOCHYDORE Ingham Lockhart River Caloundra Palm Island Pormpuraaw Nambour Richmond GLADSTONE Thursday Island Noosa Weipa Biloela Monto WARWICK MARYBOROUGH Inglewood CHARLEVILLE Bundaberg Goondiwindi GYMPIE Cunnumulla Stanthorpe Mitchell Noosa Quilpie MOUNT ISA Roma Birdsville INNISFAIL Tambo Boulia Tully Burketown Yarrabah Camooweal Cloncurry Dajarra Doomadgee Julia Creek Mornington Island Normanton

104 Queensland Magistrates Courts AppendicesAppendices 5 10 105 Coolangatta Southport Maryborough Hervey Bay Cleveland Bundaberg Noosa Beenleigh Wynnum Caloundra Maroochydore BRISBANE Redcliffe Inala Gympie Gladstone Sandgate Petrie Nambour Childers BRISBANE Monto Holland Park Holland Ipswich Pomona Beaudesert Caboolture Landsborough Rockhampton Gatton SEE INSET SEE Biloela Gayndah Murgon Warwick Cherbourg Tara Baralaba Kingaroy Yeppoon Toogoolawah Oakey Duaringa Pittsworth Chinchilla Nanango Mackay Mungindi Stanthorpe Taroom Dalby Roma Goondiwindi Toowoomba St George St Meandarra Woorabinda Sarina Blackwater St Lawrence St Bowen INSERT Moranbah Mitchell Bollon Clermont Springsure Proserpine Dirranbandi Emerald Alpha Ayr Townsville Great Palm Island Palm Great Wyandra Charters Towers Charleville Innisfail Tambo Yarrabah Cairns Cunnamulla Blackall Barcaldine Tully Cooktown Ingham Pentland Adavale Isisford Hungerford Muttaburra Atherton Yaraka Mossman Mareeba Hughenden Laura Quilpie Greenvale Wujal Wujal Thargomindah Hope Vale Einasleigh Lockhart River Lockhart Mount Garnet Mount Eromanga Georgetown Richmond Longreach Winton Jundah Chillagoe Windorah Coen Bamaga Kynuna Thursday Island Thursday Croydon Kowanyama Julia Creek Weipa Aurukun Pormpuraaw McKinlay Places for Holding Magistrates Courts Holding Magistrates for Places Note: Magistrate is Resident in Centres underlined. in Centres Resident is Note: Magistrate Normanton Cloncurry Badu Island Badu Boulia Bedourie Dajarra Birdsville Mornington Island Burketown Doomadgee Mount Isa Mount Camooweal Annual Report 2004—2005 2004—2005 Report Annual APPENDIX 6: APPENDIX APPENDIX 7: Professional Development

Youth Treatment Workshop Northern Territory Magistrates Conference Alcohol & Drug Foundation - Queensland Northern Territory Magistrates Court 30 June – 2 July 2004, West End, Brisbane 23-24 August 2004 Ayers Rock NT J Costanzo R Kilner

Court Technology – Updates and Public Interest Address by Lex Lasry QC Developments Conference Queensland Public Interest Law Clearing Sir Zelman Cowen Centre (Vic Uni) and AIJA House Incorporated 20-21 October 2004, Melbourne 27 October 2004, Brisbane T Morgan B Hine

Drug Court Conference Annual Conference Magistrates Court Local Courts of New South Wales 9 July 2004, Brisbane 1-3 September 2004, Sydney M Irwin W Ehrich J Costanzo A Thacker Australasian Therapeutic Community G Hillan Association National Conference R Spencer Gold Coast Drug Council Inc 27-29 October 2004, Surfers Paradise Homelessness Persons Workshop J Costanzo Department of Housing 21 October 2004, Brisbane Self Represented Litigants Forum W Randall 22nd AIJA Annual Conference Australian Institute of Judicial Child Witness Seminar Administration Australian Institute of Judicial Administration 17-19 September 2004, Sydney 30 July 2004, Sydney J Batts J Costanzo J Costanzo A Hennessy Annual Conference Annual Conference South Australian Magistrates Court Central Queensland Law Association 4-5 November 2004, Barossa Valley, SA 22-23 October 2004, Yeppoon J Gordon M Irwin A Hennessy ISPCAN 15th International Congress on Child Abuse and Neglect Queensland Mining Industry Health and International Society for Prevention of Child Safety Conference Abuse and Neglect Department of Natural Resources Mines and 19-22 September 2004, Brisbane Energy T Pascoe 16-18 August 2004 L Verra Annual Conference Western Australian Magistrates Court Challenge, Change & Cha Cha Cha … 10-12 November 2004, Fremantle WA A conference on Women, Feminism and the L O’Shea Law Women’s Legal Service Human Rights and Equal Opportunity 26-29 October 2004, Brisbane Commission Forum J Batts Sisters Inside S Cornack 22 September 2004, Brisbane J Daley A Thacker

106 Queensland Magistrates Courts Appendices 107 Indigenous Family Violence Prevention Prevention Violence Family Indigenous Forum and Family Violence Centre for Domestic Research University Central Queensland Qld 12-13 May 2005 Mackay J Payne A Hennessy Seminar Management Case Australian Institute of Judicial Administration NSW 25 February 2005, Sydney, B Hine Program Training Coroners National Judicial College of Victoria 12-13 May 2005 Melbourne VIC D Glasgow R Rinaudo Workshop Violence Domestic Australian Institute of Judicial Administration 4 March 2005, Melbourne, VIC B Gribbin the of the Reform for Society International Law Criminal 29-30 June 2005 Edinburgh UK M Irwin LAWASIAdownunder2005 Queensland Law Society LAWASIA, 20-24 March 2005, Gold Coast M Irwin A Hennessy Z Sarra Phoenix Program 2005 Program Phoenix National Judicial College of Australia WA 9-13 May 2005, Perth T Morgan C Roney L Bradford-Morgan 4th World Congress on Family Law and and Law on Family Congress World 4th Rights Children’s Congress World South Africa 20-23 March 2005, Cape Town, T Previtera At the Cutting Edge: Therapeutic Therapeutic Edge: the Cutting At Courts in Magistrates Jurisprudence and Geraldton Drug Court The Perth Magistrates Court WA 6 May 2005, Perth T Previtera Community Justice Group Coordinator’s Coordinator’s Group Justice Community Conference 7-8 December 2004, Brisbane B R Manthey Safe4Life Driver Licensing for Aboriginal Aboriginal for Licensing Driver Safe4Life in People Islander Strait Torres and People Queensland Queensland Transport 6 December 2004, Brisbane B R Manthey Colloquium 2004 Colloquium Judicial College of Australia Adelaide 1 October, M Irwin S Tonkin Courts for the 21st Century: Information Information Century: the 21st for Courts Management Department of Justice and Supreme QUT, Court of Queensland Brisbane 24 November 2004, T Morgan Annual Report 2004—2005 2004—2005 Report Annual APPENDIX 8: Magistrates’ Participation on External Bodies

Association of Australian Magistrates S Cornack

Australasian Coroners Society M Barnes (State Coroner)

C Clements (Deputy State Coroner)

Australian Institute of Judicial Administration Governing Council A Hennessy

Council of Chief Magistrates M Irwin (Chief Magistrate)

B Hine (Deputy Chief Magistrate)

Griffi th University Law School Visiting Committee M Irwin (Chief Magistrate)

Judicial Conference of Australia Governing Council D MacCallum

Impaired Driving Legislation Review Committee M McLaughlin

Monitoring committee on Review of Offi ce of Director of Public Prosecutions (Qld) M Irwin (Chief Magistrate)

Police Education Advisory Council M Barnes (State Coroner)

Queensland University of Technology Law Faculty Advisory Committee J Payne

Uniform Civil Procedure Rules Committee, Supreme Court of Queensland B Gribbin

A Thacker

University of Southern Queensland Governing Council; and Governance and Legislation Committee Z Sarra

Supreme Court Library Committee M Irwin (Chief Magistrate)

108 Queensland Magistrates Courts Appendices 109 Magistrates Committees Magistrates Training and Education of Magistrates of and Education Training for all magistrates. develop training for new magistrates and ongoing education To To consult with the Chief Magistrate on the annual submission to the Salaries and Allowances consult with the Chief Magistrate on the annual submission To Tribunal and to the Attorney-General on conditions and entitlements. Salaries and Allowances Committee and Allowances Salaries Resources and Budget Overview Committee and Budget Resources resources for magistrates to plan submissions for the annual budget. assess the needs for To Legislation Committee Legislation as it affects the jurisdiction of the magistracy and to respond to review proposed legislation To government on same. To oversee the introduction of any training in connection with introducing computer oversee the introduction To technology into the magistracy. Information Technology Committee Technology Information Indigenous Issues Committee Issues Indigenous to Indigenous people within the criminal justice system and, in overview issues relating To the Magistrates Courts. particular, Ethics Committee Ethics ethical standards for the magistracy. review and develop To Conference Planning Committee Planning Conference plan annual and regional conferences. To To discuss initiatives in the introduction of new systems into civil and criminal court of new systems into civil and criminal discuss initiatives in the introduction To some areas. possible parity in sentencing in procedures and to suggest Case Management and Comparative Sentencing Committee Sentencing and Comparative Management Case APPENDIX 9: APPENDIX Annual Report 2004—2005 2004—2005 Report Annual APPENDIX 10: Legislation Commonly Dealt With in the Magistrates Court

Acts Interpretation Act 1954 Adoption of Children Act 1964 Agricultural and Veterinary Chemicals (Queensland) Act 1994 Agricultural Chemicals Distribution Control Act 1966 Agricultural Standards Act 1994 Air Navigation Act 1937 Ambulance Services Act 1991 Animal Care and Protection Act 2001 Architects Act 2002 Associations Incorporation Act 1981

Bail Act 1980 Beach Protection Act 1968 Bills of Sale and Other Instruments Act 1955 Births, Deaths and Marriages Registration Act 2003 Body Corporate and Community Management Act 1997 Brands Act 1915 Building Act 1975 Building and Construction Industry Payments Act 2004 Building and Construction Industry (Portable Long Service Leave) Act 1991 Building Units and Group Titles Act 1980 Business Names Act 1962

Casino Control Act 1982 Charitable and Non-Profi t Gaming Act 1999 Chemical Usage (Agricultural and Veterinary) Control Act 1988 Child Care Act 2002 Child Protection Act 1999 Chiropractors Registration Act 2001 City of Brisbane Act 1924 Civil Liability Act 2003 Classifi cation of Computer Games and Images Act 1995 Classifi cation of Films Act 1991 Classifi cation of Publications Act 1991 Coastal Protection and Management Act 1995 Collections Act 1966 Commercial and Consumer Tribunal Act 2003 Commission for Children and Young People Act 2000 Commonwealth Place (Administration of Laws) Act 1970 Constitution Act 1867 Constitution of Queensland 2001 Consumer Credit (Queensland) Act 1994 Coroners Act 1958 Coroners Act 2003 Corporations (Queensland) Act 1990 Corrective Services Act 2000 Credit Act 1987 Crime and Misconduct Act 2001

110 Queensland Magistrates Courts Appendices 111 scation Act 2002 scation Act th University Act 1998 th University Act Crimes at Sea Act 2001 Crimes at Sea Act 1899 Criminal Code Act 1986 of Offenders) Act Criminal Law (Rehabilitation 1978 Offences) Act Criminal Law (Sexual 1945 Act Criminal Law Amendment 1995 Act Criminal Offence Victims Criminal Proceeds Confi 1980 Act Crown Proceedings 1889 Defamation Act 2001 Dental Practitioners Registration Act 1991 Dental Prosthetists Act and Dental Technicians 1967 Disposal of Uncollected Goods Act 1990 Dispute Resolution Centres Act 1953 Dividing Fences Act 2000 Domestic Building Contracts Act 1989 Act Domestic and Family Violence Protection 2000 Drug Rehabilitation (Court Diversion) Act 1986 Drugs Misuse Act 1989 Education (General Provisions) Act 1992 Electoral Act 2002 Electrical Safety Act 1994 Electricity Act 1994 Environmental Protections Act 1977 Evidence Act 1988 Evidence on Commission Act 1981 Diseases in Animals Act Exotic 1999 Explosives Act 1989 Fair Trading Act 1992 Financial Transaction Report Act 1990 Fire and Rescue Service Act 2000 First Home Owner Grant Act 1994 Fisheries Act 1981 Food Act 2000 Food Production (Safety) Act 1957 Forestry Act 1997 Fuel Subsidy Act 1991 Gaming Machine Act 1965 Gas (Residual Provisions) Act 2003 Gas Supply Act 1990 Gold Coast Motor Racing Events Act 1993 Government Owned Corporation Act Griffi 2000 Act Guardianship and Administration Annual Report 2004—2005 2004—2005 Report Annual Legislation Commonly Dealt With in the Magistrates Court continued

Health Act 1937 Health Practitioners (Professional Standards) Act 1999 Health Services Act 1991 Hire Purchase Act 1959

Industrial Relations Act 1999 Integrated Planning Act 1997 Introduction Agents Act 2001 Invasion of Privacy Act 1971

James Cook University Act 1997 Jury Act 1995 Justices Act 1886 Justices of the Peace and Commissioners of Declarations Act 1991 Juvenile Justice Act 1992

Keno Act 1996

Land Act 1994 Land Protection (Pest and Stock Route Management) Act 2002 Legal Aid Queensland Act 1977 Legal Profession Act 2004 Limitation of Actions Act 1974 Liquor Act 1992 Local Government (Aboriginal Lands) Act 1978 Local Government Act 1993 Local Government (Chinatown and the Valley Malls) Act 1984 Local Government (Queen Street Mall) Act 1981 Lotteries Act 1997

Magistrates Court Act 1921 Maintenance Act 1965 Major Sports Facilities Act 2001 Manufacture of Homes (Residential Parks) Act 2003 Maritime Safety Queensland Act 2002 Marine Parks Act 1982 Marine Parks Act 2004 Medical Practitioners Registration Act 2001 Medical Radiation Technologist Registration Act 2001 Mental Health Act 2000 Mineral Resources Act 1989 Mining and Quarrying Safety and Health Act 1999 Misconduct Tribunals Act 1997 Motor Accident Insurance Act 1994

National Crime Authority (State Provisions) Act 1985 Nature Conservation Act 1992 Nursing Act 1992

112 Queensland Magistrates Courts Appendices 113 Oaths Act 1867 Oaths Act 2001 Registration Act Occupational Therapists 2001 Act Optometrist Registration 2001 Act Osteopaths Registration 1891 Act Partnership 1988 (Limited Liability) Act Partnership 1984 Act Pawnbrokers 1971 Act Tax Pay-roll 1982 Act and Good Behaviour Peace 1992 Assembly Act Peaceful 1992 Act and Sentences Penalties 2001 Physiotherapists Registration Act 1989 Plant Protection Act 2000 and Responsibilities Act Powers Police 1990 Act Service Administration Police 1998 of Attorney Act Power 1982 Prisoners (Interstate Transfer) Act 2005 Private Employment Agents Act 2000 Property Agents and Motor Dealers Act 1974 Property Law Act 1999 Prostitution Act 2001 Psychologists Registration Act 1986 Public Safety Preservation Act 1996 Public Service Act 1978 Public Trustee Act 1991 Act Queensland Building Services Authority 1952 Queensland Law Society Act 1998 Act Queensland University of Technology 2002 Racing Act 1999 Radiation Safety Act 1962 Recording of Evidence Act 1988 Recreation Area Management Act 1962 Registration of Births Deaths and Marriages Act 1985 Regulatory Offences Act 2002 Residential Services (accommodation) Act 1994 Act Residential Tenancies 1994 Retail Shop Leases Act 1896 Sale of Goods Act 1984 Second Hand Dealers and Collectors Act 1981 Securities Industry (Application of Laws) Act 1993 Security Providers Act 1949 Supply Act Sewerage and Water 1973 Small Claims Tribunals Act 1986 Soil Conservation Act 1989 South Bank Corporation Act Annual Report 2004—2005 2004—2005 Report Annual Legislation Commonly Dealt With in the Magistrates Court continued

Speech Pathologists Registration Act 2001 State Buildings Protective Security Act 1983 State Housing Act 1945 State Penalties Enforcement Act 1999 Status of Children Act 1978 Stock Act 1915 Storage Liens Act 1973 Sugar Industry Act 1999 Summary Offences Act 2005 Surrogate Parenthood Act 1988

Terrorism (Commonwealth Powers) Act 2002 Timber Utilisation and Marketing Act 1987 Tobacco and Other Smoking Products Act 1998 Tobacco Products (Licensing) Act 1988 Torres Strait Fisheries Act 1984 Tow Truck Act 1973 Trade Measurement Act 1990 Trading (Allowable Hours) Act 1990 Training and Employment Act 2000 Transport Infrastructure Act 1994 Transport Operations (Marine Pollution) Act 1995 Transport Operations (Marine Safety) Act 1994 Transport Operation (Passenger Transport) Act 1994 Transport Operations (Road Use Management) Act 1995 Transport Planning and Co-Ordination Act 1994 Travel Agents Act 1988 Trust Accounts Act 1973

University of Queensland Act 1998 University of Southern Queensland Act 1998 University of the Sunshine Coast Act 1998

Vagrants Gaming and Other Offences Act 1931 Valuers Registration Act 1992 Vegetation Management Act 1999 Veterinary Surgeons Act 1936 Vocational Education, Training and Employment Act 2000

Wagering Act 1998 Water Act 2000 Weapons Act 1990 Wet Tropics World Heritage Protection and Management Act 1993 Wine Industry Act 1994 Workers Compensation and Rehabilitation Act 2003 Workplace Health and Safety Act 1995

114 Queensland Magistrates Courts Appendices 115 le a le le a le led; led; led; and ” as meaning ” as meaning , , approved entity approved entity nes “ nes nes “ nes defi defi led under this practice direction. direction. led under this practice Uniform Civil Procedure Rules 1999 Uniform Civil Procedure Rules 1999 Practice Directions Directions Practice of solicitors; or rm rm of solicitors; or Uniform Civil Procedure Rules 1999 Uniform Civil Procedure Uniform Civil Procedure Rules 1999 dential Collections and Investigations, and and document for the entity. document for the entity. Confi fi are approved to have documents electronically IRWIN Judge M.P. Chief Magistrate 6th September 2004 City Council. Toowoomba For the purposes of rule 975B(a)(ii) of the For the purposes of rule 975B(a)(ii) of the (ii) approved by a practice direction to have documents electronically fi an entity (a) is either – either (a) is (i) a solicitor or fi an entity that – (b) electronically fi has an agreement with a service provider for the service provider to Uniform Civil Procedure Rules 1999 Rules Procedure Civil Uniform Rule 975B of the No. 1B of 2004 No. 1B of APPENDIX 11: APPENDIX Annual Report 2004—2005 2004—2005 Report Annual (ii) an entity approved by a practice direction to have documents electronically fi (a) is either – either (a) is (i) a solicitor or fi an entity that – Uniform Civil Procedure Rules 1999 Rules Procedure Civil Uniform Rule 975B of the No. 1C of 2004 of No. 1C (b) has an agreement with a service provider for the service provider to electronically fi are approved to have documents electronically fi Mercantile. Credit Collection Services Australia, Benchmark Ltd., and Binks Bottomley & Co., Pty., IRWIN Judge M.P. Chief Magistrate 4th November 2004 For the purposes of rule 975B(a)(ii) of the Practice Directions continued

No. 6 of 2004

Amendment The purpose of this practice direction is to clarify the designation of courts consequent upon the closure of the Brisbane Central Courts building at 179 North Quay on 12 November 2004 and the opening of the Brisbane Magistrates Court building at 363 George Street on 16 November 2004.

1. Practice Direction No 4 of 2001 relates to the manner of appearance of defendants in custody at the court on ex offi cio call over days.

2. Practice Direction No 4 of 2001 is amended to substitute, for the reference to Court 5, reference to Court 20.

Judge Marshall Irwin Chief Magistrate 12 November 2004

No 7. of 2004

Amendment The purpose of this practice direction is to clarify the designation of courts consequent upon the closure of the Brisbane Central Courts building at 179 North Quay on 12 November 2004 and the opening of the Brisbane Magistrates Court building at 363 George Street on 16 November 2004.

1. Practice Direction No 8 of 2001 relates to the case management of summary proceedings in the criminal jurisdiction of the Central Courts at Brisbane.

2. Practice Direction No 8 of 2001 is amended to substitute for the references to Court 5, reference to Court 20.

Judge Marshall Irwin Chief Magistrate 12 November 2004

116 Queensland Magistrates Courts Appendices 117

cio ex offi ce of Magistrate. cers. The change in the reference to Court 18. Magistrates Court concerning matters that will lead to the presentation of matters that will lead to the Magistrates Court concerning indictments Annual Report 2004—2005 2004—2005 Report Annual Judge Marshall Irwin Chief Magistrate 12 November 2004 form of address is intended to promote uniformity between jurisdictions in Queensland, to form of address is intended to promote uniformity between jurisdictions in Queensland, remove confusion for members of the public and to recognise the judicial offi Chief AC, de Jersey This change has been made in consultation with The Honourable Paul of the District Court Chief Judge Wolfe, Justice of Queensland, Her Honour Chief Judge Patricia Justice Attorney General and Minister for MP, of Queensland, The Honourable Rod Welford Mr Glenn of Queensland, Mr Glenn Martin, President of the Bar Association of Queensland, Ferguson, President of the Queensland Law Society and has their support. The purpose of this Practice Direction is to remove the antiquated form of address “Your “Your The purpose of this Practice Direction is to remove the antiquated form of address which creates confusion with the titles of other Judicial Offi Worship” This Practice Direction applies to all Courts in Queensland in which magistrates preside. This Practice Direction applies to all Courts Form of Address in Court Address of Form Honour” and not are to be addressed as “Your As and from 17 November 2004, Magistrates Worship.” as “Your No. 9 of 2004 No. 9 of Judge Marshall Irwin Chief Magistrate 12 November 2004 2. the references to Court 5, Practice Direction No 3 of 2004 is amended to substitute for Amendment of courts consequent upon practice direction is to clarify the designation The purpose of this North Quay on 12 November Central Courts building at 179 the closure of the Brisbane at 363 George Street on 16 of the Brisbane Magistrates Court building 2004 and the opening November 2004. 1. the Brisbane Central Practice Direction No 3 of 2004 relates to the procedures in No. 8 of 2004 No. 8 of Practice Directions continued

No. 1 of 2005

Uniform Civil Procedure Rules 1999 Rule 975B of the Uniform Civil Procedure Rules 1999 defi nes “approved entity” as meaning an entity that –

(a) is either – (i) a solicitor or fi rm of solicitors; or (ii) an entity approved by a practice direction to have documents electronically fi led; and

(b) has an agreement with a service provider for the service provider to electronically fi le a document for the entity.

For the purposes of rule 975B(a)(ii) of the Uniform Civil Procedure Rules 1999, Bridgement Smith Cairns Pty., Ltd.; and Cairns City Council.

are approved to have documents electronically fi led under this practice direction.

Judge M.P. IRWIN Chief Magistrate 25th January 2005

No. 1A of 2005

Uniform Civil Procedure Rules 1999 Rule 975B of the Uniform Civil Procedure Rules 1999 defi nes “approved entity” as meaning an entity that –

(a) is either – (i) a solicitor or fi rm of solicitors; or (ii) an entity approved by a practice direction to have documents electronically fi led; and

(b) has an agreement with a service provider for the service provider to electronically fi le a document for the entity.

For the purposes of rule 975B(a)(ii) of the Uniform Civil Procedure Rules 1999, Proserve Professional Services Pty., Ltd.; and Jeffrey Hills and Associates Pty., Ltd.

are approved to have documents electronically fi led under this practice direction.

B.P. HINE Acting Chief Magistrate 29th June 2005

118 Queensland Magistrates Courts Appendices 119 cio callover cio ex offi rst available opportunity in cio callover days, the detainee will appear on cio callover on video link section178C(3)), the cio callover in court 38, the practitioner must apply provides for the use of video link facilities for certain proceedings before of video link facilities for certain proceedings provides for the use cio Callovers cio fi of cio callover day. The practitioner will be required to satisfy the requirements of cio callover day. proceeding; and and proceeding for the detainee’s bail or remand; detainee is in custody and the court. tal and ex practitioner must, at the callover, inform the magistrate. If the matter is a lengthy plea inform the magistrate. If the matter is a lengthy practitioner must, at the callover, the magistrate will set the matter down for sentence at the fi Court 20. required to be present in court (i.e. all parties do not consent to the detainee being required to be present in court (i.e. all parties do not consent to the detainee being sentenced at the committal or ex offi video link unless previously excused. each Monday in court 18 or ex offi or to the magistrate to have the detainee personally appear on the Committal callover ex offi section 178C(2) above. at the place the court is sitting with the detainee, or the detainee and the detainee’s at the place the court is sitting with the representative, at the correctional institution. may order the proceeding be conducted using video link facilities only if all parties may order the proceeding be conducted consent. facilities, unless the court, in the interests of justice, otherwise orders. facilities, unless the court, in the interests Justices Act 1886 Justices Act This direction supersedes Practice Direction No. 4 of 2001 and will apply as from the ex offi and will apply as This direction supersedes Practice Direction No. 4 of 2001 Judge Marshall Irwin Chief Magistrate 18 April 2005 callover on 28 April 2005 and the Committal callover on 26 April 2005. (3) If it is proposed to sentence the detainee for summary offences and the detainee is (2) On the Committal callover and ex offi Accordingly, the following procedures will apply – Accordingly, (1) On the mention day when the matter is originally set down for Committal callover (4) court The video link facilities may only be used to link the proceeding before the (3) the court In a proceeding, other than a proceeding for the detainee’s bail or remand, Commit in relation to the manner ofPractice Direction is to clarify the procedure The purpose of this on Committal and (defendants in custody) at the court appearance of detainees (1) This section applies to a proceeding if – or required to be present before a Magistrates Court for the (a) a detainee is entitled an offence with which the detainee is charged, including a (b) the proceeding is about are available linking the correctional institution where the (c) video link facilities (2) video link A proceeding for the detainee’s bail or remand must be conducted using the No. 2 of 2005 No. 2 of The 178C Use of video link facilities in proceedings days. follows:- In particular section 178C provides as a Magistrates Court. Annual Report 2004—2005 2004—2005 Report Annual Practice Directions continued

No. 3 of 2005

Appearance of Detainees 240 Roma Street and 363 George Street, Brisbane

The purpose of this Practice Direction is to clarify the procedure in relation to the manner of appearance of detainees (defendants in custody) at the Magistrates Courts at 240 Roma Street and 363 George Street, Brisbane.

The Justices Act 1886 provides for the use of video link facilities for certain proceedings before a Magistrates Court. In particular section 178C provides as follows:-

Use of video link facilities in proceedings 178C

(1) This section applies to a proceeding if – (a) a detainee is entitled or required to be present before a Magistrates Court for the proceeding; and (b) the proceeding is about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; and (c) video link facilities are available linking the correctional institution where the detainee is in custody and the court.

(2) A proceeding for the detainee’s bail or remand must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders.

(3) In a proceeding, other than a proceeding for the detainee’s bail or remand, the court may order the proceeding be conducted using video link facilities only if all parties consent.

(4) The video link facilities may only be used to link the proceeding before the court at the place the court is sitting with the detainee, or the detainee and the detainee’s representative, at the correctional institution.

Accordingly, the following procedures will apply – (1) On all proceedings for bail or remand, other than for the fi rst appearance, the detainee will appear on video link unless personal and video link appearance is excused. (2) If the detainee’s legal practitioner seeks a personal appearance of the detainee on proceedings to which paragraph (1) applies, the legal practitioner must fi rst apply to a magistrate and satisfy the requirements of section 178(2) above. (3) If it is proposed to sentence the detainee for summary offences and the detainee is required to be present in court (i.e. all parties do not consent to the detainee being sentenced on video link in accordance with section 178C(3)), the practitioner must, at the callover, inform the magistrate when seeking a remand for this purpose. If the matter is a lengthy plea the magistrate will set the matter down for sentence at the fi rst available opportunity in Court 20. (4) On all hearings the detainee will appear personally at court unless the parties consent to the detainee appearing by video link and the court makes an order in accordance with section 178(3).

This direction supersedes Practice Direction No. 4 of 2001 and No. 2 of 2005 and will apply to the Committal and ex offi cio callovers as from the ex offi cio and Committal callovers after the 1st August 2005; and from that date both callovers will be held in Court 18.

Judge Marshall Irwin Chief Magistrate 17 June 2005

120 Queensland Magistrates Courts Appendices 121 Annual Report 2004—2005 2004—2005 Report Annual CHIEF MAGISTRATE CHAMBERS OF THE COURT BRISBANE MAGISTRATES

21 October 2005

The Honourable Linda Lavarch MP Attorney-General and Minister for Justice GPO Box 149 BRISBANE QLD 4001

Dear Attorney 7A of the It is with great pleasure that I provide you with the Annual Report for nancial year in accordance with section 5 the 2004 – 2005 fi . Magistrates Courts Act 1921

I would also like to acknowledge and thank the following persons who have assisted in the preparation of this report: or; • Mr Paul Marschke, Court Administratvarious sections of the report • Magistrates who contributed to an, Braes, Ehrich, Gordon, Gribbin, (Magistrates Barnes, Bradford-Morg ehoe, Manthey, McKay, McLaughlan, Pascoe, Payne, Hennessey, Hine, K Randall, Roney, Thacker and Wessling);editorial committee (Magistrates Gordon, • Magistrates who constituted the Hine, MacCallum and Thacker); cer to the Chief Magistrate; cting Research Offi • Ms Jeannie Donovan, A roject Offi cer Magistrates Courts Branch; and • Ms Lee Williams, P • Ms Louise Vaughan who edited the report.

Yours sincerely,

Judge MP IRWIN CHIEF MAGISTRATE OFFICE: t 363 George Stree Brisbane 4000 POSTAL: GPO Box 1649 Brisbane 4001