OUR COURTS
Criminal jurisdiction Total charges in the Childrens Court have fallen by 6.12% this year. As a result of the As indicated in the Introduction to this decline over the past three years, the total Annual Report, readers should refer to earlier charges for this year have now fallen below Annual Reports for detailed information the 2001–2002 level. on the extent of the Court’s criminal jurisdiction. The past 12 months have also seen an increase in the total number of defendants In the past twelve months, the total number (adults and children) charged with these of criminal charges (adults and children) offences. In 2004–2005 the number of that came before the Queensland Magistrates defendants was 189 568; this rose to Court increased substantially. In 2004–2005, 200 123 in 2005–2006. Again, the increase there was a total of 344 825 charges lodged was in adult defendants (6.17%) with a and in 2005–2006 this increased to decrease in child defendants (4.2%). This is 362 861. These statistics represent an consistent with the trend over the past fi ve increase in charges against adult offenders; years as shown in Table 1 below. however, they represent a continuing decline in charges lodged in the Childrens Court. As demonstrated in Table 1 below, over the previous four years there had been only a 3.1% increase in the number of charges against adults; whereas in the past twelve months alone there has been a 6.1% increase. Consequently, there has been a total 9.37% increase over the past fi ve years.
Table 1: Criminal summary—Adult and children defendants and charges lodged
Change over 2001–02 2002–03 2003–04 2004–05 2005–06 fi ve years
Magistrates Court
Number of charges lodged 310,736 314,824 318,212 320,314 339,851
Percentage change 1.32% 1.08% 0.66% 6.10% 9.37%
Number of defendants 169,304 176,174 171,571 178,555 189,574
Percentage change 4.06% -2.61% 4.07% 6.17% 12.0%
Childrens Court
Number of charges lodged 24,461 26,162 26,108 24,511 23,010
Percentage change 6.95% -0.21% -6.12% -6.12% -5.93%
Number of defendants 11,962 13,026 11,554 11,013 10,549
Percentage change 8.89% -11.30% -4.68% -4.21% -11.81%
38 Queensland Magistrates Courts Our courts
Summary Offences Act 2005 for the offence of public nuisance. This constitutes approximately 60% of all charges This has been the fi rst full year of operation laid (18 477 out of 30 976 charges). The next of the Summary Offences Act 2005 (the most prosecuted offences are being drunk Summary Offences Act) which commenced in a public place (7225), trespass (2115) and on 21 March 2005 and replaced the repealed unlawful possession of suspected stolen Vagrants, Gaming and Other Offences Act property (1310). 1931. As required by section 7 of the Act, the Table 2 below provides statistics on the Crime and Misconduct Commission have number of charges dealt with under the commenced a review of the use of the public legislation during the year. nuisance provision under the Summary As predicted in the 2004–2005 Annual Offences Act and its predecessor. Our court is Report, the most prosecutions have been being consulted as part of this review.
Table 2: Charges lodged statewide—Summary Offences Act 2005
Division 1—Offences about quality of community use of public places Begging/solicit donations in a public place 221 Being drunk in a public place 7225 Public nuisance 18477 Wilful exposure 190 Division 1 Total 26113
Division 2—Offences involving presence on property Trespass 2115 Unlawful entering, gathering or remaining on land, building or structure 102 Unregulated high-risk activities 86 Division 2 Total 2303
Division 3—Possession Offences Possession of graffi ti instrument 324 Possession of implement for an offence 255 Unlawful possession of suspected stolen property 1310 Division 3 Total 1889
Division 4—Offences relating to children or minors Tattooing of a minor 5 Division 4 Total 5
Division 5—Other offences Imposition 386 Sale of potentially harmful things 1 Throwing things at sporting events 4 Unlawful use or possession of motor vehicle 275 Division 5 Total 666
Grand Total 30976
Annual Report 2005–2006 39 Police interviews This is an important requirement because the certifi cates should help the court to accurately During the past year, the Queensland Court declare the time the offender has been held in of Appeal has reinforced the importance of presentence custody as being imprisonment police following correct procedures when already served under the sentence. questioning children, Indigenous people, people who may be intellectually impaired, and those who are intoxicated or under Justice and Other Legislation the infl uence of drugs. Sections 251 to 254 Amendment Act 2005 of the Police Powers and Responsibilities During the year the Justice and Other Act 2000 (the Police Powers Act) set Legislation Amendment Act 2005 (the Justice out procedures that must be followed in Amendment Act) brought about a number of these situations, including granting the signifi cant changes to the criminal law which interviewee access to a support person or a are relevant to our jurisdiction and powers. lawyer, or to have the interview delayed. The Bail Act 1980 (the Bail Act) was amended The Court of Appeal’s decision in R v LR by inserting subsection 11(4) to enable the [2005] QCA 368 is authority for excluding court to grant bail on a condition that the confessions under the unfairness discretion person participates in a program prescribed where the procedures set out in those under a regulation. This was to facilitate the sections of the Police Powers Act are not introduction of the Queensland Magistrates followed. This case concerned a young man Early Referral into Treatment (QMERIT) who was interviewed while still intoxicated Program and other diversion programs. and where his father’s request for a solicitor to be present was ignored. This authority The QMERIT program is a bail-based was also followed recently by His Honour diversion program which will be conducted Judge Wall QC in R v Parkinson [2006] in the Maroochydore and Redcliffe courts QDC 57, one of the proceedings concerning from August 2006 for defendants with the Palm Island riot where the Indigenous illicit drug use problems and who meet the defendant before the court was found to eligibility criteria for the program. have the mental age of a 7½ year old child. The Bail (Prescribed Programs) Regulation 2006 also prescribes the Homeless Persons Presentence Custody Certifi cates Court Diversion Program and the Cairns Since 19 November 2005, it has been Alcohol Remand and Rehabilitation Program mandatory under section 161 of the (CARRP) for the purpose of sub-section 11(4). Penalties and Sentences Act 1992 for the prosecution to give to a sentencing Associated amendments ensure that a magistrate a Presentence Custody Certifi cate. defendant does not commit an offence This certifi cate sets out any relevant time a against the Bail Act for failure to comply defendant has already spent in custody prior with such a condition and a court can not to sentence which must then be taken into revoke the bail for a breach of the condition. account. However, the court may vary the bail, including rescinding the condition. These certifi cates are usually prepared by the Department of Correctives Services but, The maximum penalty for contempt of understandably, there have been teething criminal proceedings under section 40 of problems. Sometimes, no certifi cate has the Justices Act 1886 (the Justices Act) has been prepared or presented and sometimes been increased from two penalty units or they are incorrect, especially when initial imprisonment for 14 days to 84 penalty time spent in watch house custody has not units or imprisonment for one year. This is been included. However, the Department of the same level as the maximum penalty for Corrective Services has been ready to work contempt of civil proceedings and achieves with the court to improve this situation and parity of contemptuous conduct committed in fulfi l the legislative objectives. the civil and criminal jurisdictions.
40 Queensland Magistrates Courts Our courts
Section 142 of the Justices Act has been The main categories of matters heard and amended to make it clear that a person determined by the courts are pleas of guilty, charged on the Bench Charge Sheet and contested hearings on pleas of not guilty, released on bail (including ‘cash bail’) may appeals and applications for driver licensing, be dealt with in his/her absence by the and appeals against administrative decisions procedure permitted under this provision. about licensing of drivers of taxis and buses.
Section 146A of the Justices Act which Table 3 provides statistics on the number allows a matter to be dealt with by a plea of of charges and applications dealt with this guilty in absentia has also been amended to year under transport and transport related make it clear that it applies if a defendant legislation. is required to appear for the hearing of a A comparison with the equivalent statistics complaint pursuant to a summons, or a for 2004–2005 reveals a signifi cant increase condition of the defendant’s bail, or a notice this year in defendants (from 81 430 to given to the defendant under the Bail Act. 86 507) and charges (83 285 to 90 717).
Sections 178B—178F of the Justices Act have The largest increase has been in unlicensed been amended to expand the operation of driving with 26 393 defendants and Part 6A to allow magistrates to use video 27 148 charges in 2004–2005 rising to 29 link to deal with matters of bail or remand 856 defendants charged with 30 478 offences where the defendant is at another court. this year. This is an increase of over 3000 in Previously Part 6A confi ned the use of each category. video link facilities to link court proceedings involving a ‘detainee’ with the detainee’s By comparison, the statistics for driving correctional institution. under the infl uence of alcohol or drugs has seen a much smaller increase from 29 199 Section 48 of the Juvenile Justice Act 1992 defendants with 29 359 charges to 29 827 has been amended to clarify that the court defendants with 29 885 charges this year. or a police offi cer may take into account the submissions of a Community Justice Group Another noticeable increase is the offence in deciding whether or not to grant bail to of driving without displaying learner’s an Aboriginal or Torres Strait Islander child. plates where there were 91 defendants and This brings the position of children into line charges in 2004–2005 compared with 383 with adults under the Bail Act. defendants and 393 charges in 2005–2006. This increase may be explained by the date of re-introduction of the requirement to Transport Operations display learner’s plates during the 2004–2005 reporting year. (Road Use Management) Increases in offending can also be observed Acts, rules and regulations, and against legislation for fatigue management. associated Acts For driving in excess of the maximum driving time, 76 defendants were prosecuted for 141 A substantial percentage of daily work charges in 2004–2005 compared with 92 in the Queensland Magistrates Courts is defendants for 218 charges in generated by hearing and determining 2005–2006. For driving without taking matters involving legislation that governs minimum rest time, there were 42 traffi c, driving of motor vehicles and prosecutions of 94 charges in 2004–2005 vessels, control of heavy vehicles and loads, compared with 67 prosecutions of 144 managing fatigue of drivers of buses and charges in 2005–2006. heavy vehicles, compliance with safety standards for vehicles and vessels, vehicle Although these numbers may appear small, registration and driver licensing. This work these increases cause concern because they involves both the Court’s registry staff and increase the exposure of drivers and members judicial offi cers. of the public to injury or death from fatigued drivers of heavy vehicles.
Annual Report 2005–2006 41 Table 3: Transport Operations Act—Charges and applications Defendants Charges
Transport Operations (Road Use Management - Mass, Dimensions and Loading) Regulation 2005 (Commenced 1 September 2005) Section 7—Excessive / Dangerous Overloading of Vehicle 87 104 Section 8—Excessive / Dangerous Overloading of Trailer 24 26 Other Sections 21 21 Sub-Total 132 151
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Section 6—Driving Unaccompanied on a Learner’s Permit 1,123 1,155 Section 19—Driving Without Displaying Learner’s Plates 383 393 Other Sections 163 166 Sub-Total 1,669 1,714
Transport Operations (Road Use Management—Fatigue Management) Regulation 1998 Section 15—Driving in Excess of Maximum Driving Time 92 218 Section 17—Driving Without Taking Minimum Rest Time 67 144 Other Sections 94 1,061 Sub-Total 253 1,423
Transport Operations (Road Use Management—Road Rules) Regulation 1999 Section 20—Driving Over Speed Limit 3,871 3,938 Section 291—Driving Vehicle Creating Unnecessary Noise or Smoke 873 898 Other Sections 5,744 5,975 Sub-Total 10,488 10,811
Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999 Section 5—Vehicle Not Complying with Standards 682 701 Section 17—Inspection Certifi cate Offences 32 42 Other Sections 88 121 Sub-Total 802 864
Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 Section 10—Driving an Unregistered Vehicle 3,987 4,080 Section 76—Non Display of Registered Plate or Label 1,681 1,791 Other Sections 103 162 Sub-Total 5,771 6,033
Transport Operations (Road Use Management) Act 1995 Section 78—Unlicensed Driving 29,856 30,478 Section 79—Driving While Under the Infl uence of Alcohol / Drugs 29,827 29,885 Other Sections 7,703 9,352 Sub-Total 67,386 69,715
Transport Operations (Road Use Management—Dangerous Goods) Regulation 1998 Section 104—Driving a Dangerous Load Without Required Signage 2 2 Section 144—Driving Without Prescribed Equipment 1 1 Other Sections 3 3 Sub-Total 6 6
TOTAL 86,507 90,717
42 Queensland Magistrates Courts Our courts
The Maritime and Other Legislation By comparison, Table 4 shows a decrease Amendment Act 2006, which applies to in the number of minor debt claims and disqualifi cation from holding or obtaining small claims lodged in 2005–2006. For the driver licences, has been assented to but has fi ve year period from 2001–2006, there has not yet been proclaimed in this reporting been an overall decrease of 21% in minor year. This new legislation is likely to lead to debt claims and 12% in small claims lodged. an increase in the workload of Queensland These decreases have caused an overall Magistrates Courts in future years. decrease of 2.3% in all civil lodgements over the past fi ve years.
Civil jurisdiction One possible explanation for the trend of an increase in civil claims, compared with a No major changes have occurred in the past decrease in minor debt claims, is the effect year in the Uniform Civil Procedure Rules of infl ation and cost of living increases over (UCPR) that signifi cantly impact on the a number of years. The present monetary operations of the Queensland Magistrates limits for this jurisdiction of $50 000 for civil Court in its civil jurisdiction. Therefore it is claims and $7500 for minor debt claims were a good opportunity to consider the trends set in 1998. Since then, the cost of fi ling revealed by the past few years’ statistics and a $7 500 minor debt claim has increased their signifi cance. by 18%, and of fi ling a $50 000 claim by The number of civil claims lodged in 2004– 20%. The professional costs for instituting 2005 increased by 11.2%. The question was a $50 000 claim have increased 32%. The raised in the Annual Report for that year as to amounts for fi ling fees and professional costs whether this increase marked the beginning will continue to rise as they are generally of an upward trend. In 2005–2006, a further reviewed annually and changes tend to increase of 8.6% was recorded which suggests refl ect CPI increases. that this is the case. Over the fi ve years from 2001–2002, there has been an increase of 16.1% in civil claims lodged.
Table 4: Civil summary—Claims lodged
Change over 2001–02 2002–03 2003–04 2004–05 2005–06 fi ve years
Civil claims 28,900 30,712 27,806 30,908 33,567
Percentage change 6.3% -9.5% 11.2% 8.60% 16.1%
Minor debt claims 18,866 17,231 12,888 15,674 14,903
Percentage change -8.67% -25.20% 21.62% -4.92% -21.0%
Small claims 18,637 17,537 18,766 16,813 16,409
Percentage change -5.90% 7.01% -10.41% -2.40% -12.0%
Total 66,403 65,480 59,460 63,395 64,879
Percentage change -1.39% -9.19% 6.62% 2.34% -2.3%
Annual Report 2005–2006 43 If the current trend continues and no Small Claims Tribunal adjustment is made to the monetary limits, litigants could fi nd themselves progressively The Small Claims Tribunal operates priced out of a jurisdiction designed to throughout Queensland in most Magistrates give quick, inexpensive access to the legal Courts, with all magistrates being appointed system for the resolution of relatively minor as referees. It is a Tribunal which deals with claims. Therefore, to ensure the continuing disputes of $7500 or less mainly between success of this approach, a review of the consumers and traders, traders and traders, monetary limits may well be timely. and tenancy disputes. When people cannot resolve these disputes, they may lodge Electronic fi ling their small claim through the Small Claims Registry at their local courthouse. The number of centres where facilities are available for electronic fi ling of claims and Over the past 12 months, 16 409 small default judgements has increased from 58 to claims applications were lodged with the 77 over the past year. The claims and minor Tribunal throughout the state. The Brisbane debts fi led electronically is now 8.25% of Small Claims Tribunal, situated in the total lodged. Magistrates Court Building at 363 George Street, processes the largest number of The system allows the user to lodge a court claims. General enquiries and claims are document without leaving the offi ce. To processed through the general registry on use the system it is necessary to subscribe the ground fl oor, with specialised hearing with the service provider—CITEC Confi rm. rooms—Rooms 28 and 29—situated on the CITEC is a fully commercial business of sixth fl oor. This year, the Brisbane registry the Queensland Government, located in the processed 6518 small claims from within the portfolio of the Department of Public Works. Brisbane metropolitan area and the town of Confi rm is an online CITEC service found on Beenleigh on Brisbane’s southern outskirts. the web at
44 Queensland Magistrates Courts Our courts
Jurisdiction of the Tribunal In Brisbane, the average time between lodgement and hearing ranges from seven The jurisdiction of the Tribunal involves to fourteen days for urgent claims, and from hearing disputes on the following matters: six to eight weeks for non-urgent claims. If • disputes between consumers and traders a claim is fi led and registry staff consider it • disputes between traders and traders needs an immediate hearing, it will be listed • claims for payment of money for in the main hearing room on three-days damages to property caused by, or arising notice to the parties. out of the use of a vehicle • disputes under the Dividing Fences Act Tribunal’s exercise of Abbreviated 1953 Mediation • tenancy disputes under the Residential The primary function of the small claims Tenancies Act 1994 referee is to attempt to bring the disputing • tenancy disputes under the Residential parties to a settlement acceptable to them as Services (Accommodation) Act 2002 provided in section 10 of the Small Claims Tribunal Act 1973 (the Small Claims Act). • warranty claims under the Property Where this cannot be achieved, the referee Agents and Motor Dealers Act 2000. proceeds to a hearing of the dispute and then Variations to the jurisdiction makes orders that are fair and equitable. During the 2005–2006 reporting year, no However, before the referee proceeds to a full legislation was passed that altered the hearing of the matter, in an attempt to settle jurisdiction of the tribunal. it to their mutual satisfaction before the referee is forced to resolve the matter, he/she Residential tenancies matters may refer the parties to an ‘Abbreviated The Residential Tenancies Act 1994 (the Mediation’. Tenancies Act) classifi es two distinct types In stating the extent of control the tribunal of claims, referred to as ‘urgent claims’ and has of its procedures, Section 37 of the Small ‘non-urgent claims’. Claims Act states: The claims deemed non-urgent under the Tenancies Act cannot be processed by the Save to the extent that the tribunal unless the parties have been to the Residential Tenancies Authority (RTA) procedure of small claims for conciliation. If the RTA is unable to tribunals is prescribed, every resolve the dispute, it will issue a ‘notice of tribunal shall have control of unresolved dispute’ to the party bringing the its own procedures and in the dispute and this document must be produced exercise thereof shall have before a claim can be fi led before the Small Claims Tribunal. The claims deemed urgent regard to natural justice under the Tenancies Act can be fi led without the parties attempting conciliation with the The authority of section 37 of the Act is used RTA and include the following examples: to this effect. • claims by a lessor to terminate the This successful process had its beginnings tenancy due to breach by tenant as a pilot at Hervey Bay and was then • claims by a tenant for emergency repairs extended to other courts in the Wide Bay • claims by either the lessor or the tenant area including Maryborough, Childers and to terminate the tenancy due to excessive Gympie. hardship • claims by a tenant to be removed from a tenant database.
Annual Report 2005–2006 45 The Wide Bay experience are advised that mediation will be available prior to the hearing and that priority for The initiative to include an Abbreviated the actual hearing will be given to parties Mediation referral process was fi rst trialled who attempt mediation. The parties are in 1997 at Hervey Bay Court. The pilot was also advised that, due to the number of run by then local Magistrate Barrett, with matters listed, some matters may have to be the cooperation of JAG’s Dispute Resolution adjourned to a further date for hearing. This Centre Coordinator at Hervey Bay, Ashley procedure allows claims to be set down for Eastall. hearing expediently and to quickly fi nalise Initially, the parties to small claims hearings claims where the respondent does not appear at Hervey Bay were ordered to a short or where the tribunal has no jurisdiction. mediation session with a visiting local Where both parties appear, the claim goes to mediator immediately prior to the start of mediation fi rst and then to hearing should the hearing for a fi nal opportunity to resolve mediation fail. This process has resulted in the dispute to their mutual satisfaction. 40% of the listed disputes being resolved without recourse to hearing and has resulted Once this pilot mediation process indicated in a marked reduction in ‘waiting time’ success in achieving the Small Claims Act’s between claim lodgement and resolution in objective, the process was adjusted to ensure these matters. that judicial time was not lost during the mediation process. The Small Claims Tribunal now incorporates the Abbreviated Mediation process in its Once formalised as a legitimate and cost process through the Dispute Resolution effective process, it was extended to local Centres in Cairns, Townsville, Mackay, courts at Maryborough, Childers and Rockhampton, Wide Bay, and at Centres Gympie. throughout South-East Queensland, allowing Today at Bundaberg, the Abbreviated more and more parties to resolve their Mediation process is often ordered in the disputes to their mutual satisfaction. course of a ‘callover’ of Tribunal matters and a mediator from the local JAG Dispute Communication and consultation Resolution Centre also attends the court to Residential tenancy disputes constitute 89% facilitate the mediation sessions on hearing of all small claims lodgements throughout dates of Small Claims Tribunal matters. the state. In order to increase community understanding of the work of the Tribunal The Brisbane experience in this area, Magistrate Randall, as full-time In an endeavour to reduce the waiting Tribunal referee, contributes articles to each time between fi ling and hearing of non- issue of the RTA magazine, and these articles residential tenancy claims in the Brisbane may be accessed at the Residential Tenancy Small Claims Tribunal, a similar initiative Authority’s website at
46 Queensland Magistrates Courts Our courts
Childrens Court While it is important that young people found guilty of an offence are held In its criminal jurisdiction, the Queensland accountable for their offending behaviour, Magistrates Court deals with the offending a primary objective because of their youth behaviour of young people (at present under is their rehabilitation and reintegration 17 years of age) who appear before it. The with family and community. One of the court also exercises jurisdiction under the ‘restorative justice’ approaches to youth Child Protection Act 1999 and deals with crime available to magistrates presiding in applications for a variety of child protection the Childrens Court has been Youth Justice orders. Conferencing (YJC).
Juvenile justice issues When an YJC order is made, an approved convenor facilitates a meeting between a Magistrates preside in Childrens Courts young offender and their family (or other throughout Queensland. When dealing with support people) and the victim (if they wish offenders in the Childrens Court, they are to attend) or their representatives and their bound by the provisions of the Juvenile support people. The conference participants Justice Act 1992. Section 2 of this Act sets and a representative from the police service out its objectives: are assisted by the convenor in talking about the offence, the effect of the crime, and Objectives of Act how the young person might work towards The principal objectives of this Act are— repairing the damage or harm that has (a) to establish the basis for the occurred. administration of juvenile justice; and The purpose of the conference is to give (b) to establish a code for dealing with the young person an opportunity to accept children who have, or are alleged to responsibility for their actions; understand have, committed offences; and the consequences; and attempt to make (c) to provide for the jurisdiction and amends through an apology, restitution proceedings of courts dealing with or some course of action. It also involves children; and the victim and the family in the decision- (d) to ensure that courts that deal with making process concerning the offending children who have committed offences behaviour and agreeing as to what may be deal with them according to principles an appropriate way for the offender to be established under this Act; and dealt with. (e) to recognise the importance of families of This process has often been the beginning children and communities, in particular of a young person’s social and personal re- Aboriginal and Torres Strait Islander connection with their family and community communities, in the provision of services and has led to the take-up of support designed to— services by the victim as well as the young (i) rehabilitate children who commit offender. offences; and (ii) reintegrate children who commit If the court orders that the conference is to offences into the community. be held before a sentence is imposed, the court may take the conference agreement into account and decide to take no further action. Alternatively, the court may look at the conference as part of the sentencing process and may proceed to impose any one of a range of sentences such as probation or community service.
Annual Report 2005–2006 47 Children and crime Child protection As indicated in the section of this report on When a situation arises where there is the criminal jurisdiction, the past 12 months a concern that a child needs protection, has seen a continued decrease in the number provisions of the Child Protection Act of child defendants and charges. 1999 require a magistrate to consider an application for the issue of an order to Table 5 below lists the 10 court centres ensure that the child is protected. Childrens which recorded the highest percentage of Court magistrates have power to make such defendants that are children. orders after considering evidence from parties concerned in the matter and being Court centres that dealt with more than 500 satisfi ed that an order is the only way to juveniles in the past year were Brisbane (974 secure the child’s safety and well-being. defendants on 2039 charges), Townsville Before a Child Protection Order can be (734 defendants on 1512 charges), considered, an Assessment Order must be Rockhampton (666 defendants on 1420 made to allow appropriate authorities to charges) and Beenleigh (646 defendants on investigate the child’s need for protection. 1617 charges). On certain occasions, urgent applications are made to magistrates and Temporary The courts at Cairns, Ipswich, Mackay and Protection Orders may be made. Southport each dealt with over 400 juvenile offenders. Applications for Temporary Assessment Orders are dealt with in chambers; however, in urgent circumstances outside court hours, applications can be made to magistrates by phone or fax. Applications for Court Assessment Orders and Child Protection Orders are dealt with before the court. The applications for Child Protection Orders are usually adjourned at the fi rst mention to enable the respondent parents or guardians to obtain legal advice and to allow them to have further discussions with the applicant regarding the alleged issues of concern.
Table 5: Court centres with highest percentage of children defendants
% of defendants Court Centre Defendants Charges that are children
Woorabinda 216 313 31%
Cherbourg 118 214 23%
Cunnamulla 107 174 23%
Aurukun 185 426 22%
Mitchell 21 40 19%
Murgon 161 460 16%
Doomadgee 66 260 16%
Charters Towers 63 110 13%
Atherton 127 244 12%
48 Queensland Magistrates Courts Our courts
The recent amendments to the Child This is the fi rst Annual Report which Protection Act 1999 require the parties to includes statistics of the lodgement of attend a family group meeting at which a applications for child protection orders. This Case Plan can be developed. The Case Plan is contained at Appendix 5. sets out what outcomes ought to be achieved for the safe care of the child and how the The largest number of applications and outcomes may be achieved. This procedure orders are at Southport where there have allows the parents and case workers to focus been 779 applications and 1734 orders. By on the issues that may be leading up to comparison, there were 577 applications and the child being in need of protection. If the 1152 orders made in Brisbane. Townsville is application is to be contested, the court will the other place at which an excess of 1000 order a conference to be held at which the orders were made (1177), while Beenleigh issues then in dispute will be discussed. The received the second highest number of conference process has been very successful applications (766). and a large number of applications have been fi nalised without the need for a formal As the statistics are based on the number of hearing. The Conference Chairman, Mr lodgements at each location, the fi gures for Malone now has two assistants to deal with Child Protection Applications dealt with by the conference demands statewide. They magistrates in Cape York and Torres Strait convened 583 conferences last year. Island communities are under represented. This is because a number of these The court always retains the responsibility applications are lodged in Cairns and then to make the fi nal determination of the transferred to these communities for hearing. application based upon the evidence disclosed by the material fi led by the parties. In arriving When the applications lodged at Cairns at this determination, the court takes into and then transferred to Cape York and account any agreement reached at conference. Torres Strait communities are added to the Prior to making fi nal orders, the court must applications lodged in those communities, also be satisfi ed that a Case Plan had been the position is as set out in Table 6. prepared and that it is appropriate for meeting the child’s assessed protection and care needs. The last column under ‘number of orders made’ is the total of all events relating to While the requirement for a Case Plan is a the matter at each location—that is, each positive legislative development, it has led to mention and hearing of the matter. a marked increase in the time taken to deal with each case.
Table 6: Child Protection—Applications lodged in Cape York 2005–2006
Files lodged at No. of child Cairns and protection Files lodged in transferred to Total fi les events per Location remote centres other locations lodged location
Aurukun 9 11 20 57
Bamaga 0 9 9 14
Kowanyama 4 1 5 12
Lockhart River 2 0 2 5
Pormpuraaw 1 4 5 11
Thursday Island 1 1 2 2
Weipa 4 1 5 23
TOTAL 21 27 48 124
Annual Report 2005–2006 49 Brisbane In Brisbane, the court sits in its ‘child Magistrate Tony Pascoe protection’ jurisdiction each afternoon. with Mr Arthur Eustace- In Brisbane, the Childrens Court is located Earl (Team Leader, Court Many urgent applications are dealt with in a complex separate from the Brisbane Services, Department after-hours by Brisbane magistrates through Magistrates Court at George Street. Because of Communities) and a roster system which provides telephone Mrs Samantha Hoffman of the volume of matters dealt with, a contact with a magistrate between 5pm and (Childrens Court magistrate is assigned to that court on a full- Coordinator JAG) in 9am on a daily basis. time basis. Magistrate Pascoe has presided as front of the mural in the Brisbane’s Childrens Court magistrate for ten courtyard at the Brisbane It has been both pleasing and rewarding to Childrens Court. years. His long-term involvement with the see the inner walls of the large courtyard at Childrens Court has enabled the Magistrates the Brisbane Childrens Court being turned Court to harness a great deal of expertise into a gallery of graffi ti art. An initiative of in juvenile justice matters—expertise that is the Department of Communities resulted in shared with the magistracy across the state community service work being performed and can be referenced at any time during (at appropriate times) by a number of sitting hours. juveniles who had appeared in the court. The project gave a number of young people The Brisbane Childrens Court complex also the opportunity to display their talents in provides a central venue for meetings with a constructive way that will be appreciated court stakeholders in the juvenile justice by the community for some time. The fi eld and provides a point of contact for photograph above sets out the humour and offi cers of government departments and ability of the young artists. public and private sector agencies who work in juvenile justice and child protection areas to maintain a close liaison with the court to ensure the effectiveness of its orders.
50 Queensland Magistrates Courts Our courts
Youth Murri Court Southport The Childrens Court in Brisbane convened This year specifi c reference is made to its fi rst Youth Murri Court in March Southport because of the large number of 2004. This court now sits once every child protection applications and orders three weeks. Previously, it sat once each there. This is a jurisdiction that is increasing month. Two elders or respected persons annually. As set out in the report on the of local Indigenous communities sit with South-East Region, on the basis of locally the magistrate and interact with the available statistics from the Department of defendant and their family during the Child Safety, there has been a 198% increase court proceedings. The magistrate discusses in child protection orders between 2001 and sentencing options with the elders and then 2005. makes a decision as to what is appropriate in the particular circumstances of the case. Over that period the Childrens Court list Interestingly, there has been a reduction in (which includes juvenile justice matters) has the numbers of Aboriginal and Torres Strait grown from one morning session per week Islander juveniles appearing before the to occupy one and a half days per week. In Brisbane Childrens Court since the inception reality, however, matters on the list occupy of the Youth Murri Court. Further research at least two days of magistrates time, being has to be conducted to identify the issues one and a half days sitting in court and at contributing to this reduction. least another half day outside court hours in reading and considering material and writing the more complex determinations arising from contested applications.
Annual Report 2005–2006 51 Domestic and Family Violence Table 7: Centres with over 1000 domestic and Domestic and family violence has family violence lodgements repercussions for the quality of life in every community. It affects people of Centre all ages, cultures, backgrounds and life experiences and there can be far reaching Southport 2333 fi nancial, social, health and psychological consequences. The impact of violence can Brisbane 1636 also have indirect costs, including the cost Beenleigh 1619 of the community bringing perpetrators to justice through the criminal court, or the Ipswich 1108 cost of medical treatment for injured victims; not to mention the physical and emotional Townsville 1077 damage that is caused to children who experience or witness such violence. Also of relevance is that there were 723 As shown in Appendix 3 in the year ending applications at the court at Holland Park 30 June 2006, there were 24 179 applications —an inner-southern suburb of Brisbane, 258 for protection orders under the Domestic applications at Coolangatta—a Southport and Family Violence Protection Act 1989. circuit centre, and 236 applications at There were 12 151 temporary protection Beaudesert—a Beenleigh circuit centre. orders and 16 032 protection orders granted. Throughout the year 3907 orders were varied Cairns, with 967 applications was just below and 285 orders were revoked. The total Townsville’s fi gure of 1077. There was a number of orders made in the Domestic and total of 1234 applications before the three Family Violence jurisdiction was 32 375. Sunshine Coast Courts—Maroochydore (737) Caloundra (296) and Noosa (201). More that 500 applications were dealt with in each of 18 Queensland Magistrates Court Statistics for the number of applications centres, with fi ve centres dealing with over lodged for protection orders for the past fi ve 1000 applications each as detailed in Table 7. years are outlined in Table 8. Details of the number of orders made and applications dismissed for the same period are in Table 9.
52 Queensland Magistrates Courts Our courts
Table 8: Applications lodged—Domestic and Family Violence Protection Act 1989
Change over 2001–02 2002–03 2003–04 2004–05 2005–06 fi ve years
Number of applications lodged 17,495 20,366 25,248 24,912 24,179
Percentage change 16.4% 24.0% -1.3% -2.9% 38.2%
Table 9: Orders made and applications dismissed —Domestic and Family Violence Protection Act 1989
Change over 2001–02 2002–03 2003–04 2004–05 2005–06 fi ve years
Number of orders made 22,581 26,115 34,023 33,658 32,375
Percentage change 15.7% 30.3% -1.1% -3.8% 43.4%
Number of applications dismissed 2,892 3,010 4,184 4,848 5,090
Percentage change 4.1% 39.0% 15.9% 5.0% 76.0%
Total orders made and applications dismissed 25,473 29,125 38,207 38,506 37,465 47%
These statistics demonstrate that, while there Dedicated waiting lounges for aggrieved has been a small decline in applications people have been available for some time and orders over the past two years, there at courthouses at Beaudesert, Bundaberg, has been a marked increase in the volume Cairns, Cleveland, Coolangatta, Gatton, of work in this jurisdiction over the past Holland Park, Maroochydore, Mackay, fi ve years with an increase of 38.21% in Noosa, Southport, Toowoomba and applications and an increase of 43.4% in the Townsville; however, the location of these orders made. rooms at most of these centres do not provide direct access to the courtroom. Recognising that domestic and family violence proceedings are emotional and, Plans are currently in progress to have in some cases, potentially volatile, there domestic violence/child witness facilities has been a court initiative to provide a constructed at the following court centres: calmer and more secure environment for parties in domestic violence proceedings. Biloela Charleville This has involved the inclusion of domestic violence waiting lounges when planning Charters Towers Goondiwindi the construction and refurbishment of Kingaroy Proserpine courthouses. These lounges will generally have en-suite facilities and direct access to Stanthorpe Weipa courtrooms, without the need to enter public Yeppoon areas. The intention is to avoid unnecessary trauma and distress that may occur from open confrontation between the parties.
Annual Report 2005–2006 53 Improved facilities have been included in This service addresses communication, each of our recently opened courthouses in violence and behavioural issues at a critical Brisbane, Thursday Island, and Caloundra; time and is able to explain court procedures, they have also been included in the plans for as well as choices available to respondents. the new Sandgate Magistrates Court which Counselling is available both before and is currently under construction. An example after court appearances, with options being of these facilities is available at the new presented for referral to anger management Brisbane courthouse: or parenting courses and other support • two Domestic and Family Violence programs. A similar service is provided by a courtrooms; volunteer—a trained male social worker—at the courthouse at Warwick on the Darling • separate access for the aggrieved and Downs. Regional Domestic Violence Action respondent to each court; Groups offer support to male respondents at • a waiting lounge with en-suite facilities both Cairns and Dalby. for aggrieved people, within a secure area and with direct access to courtrooms; Magistrates who have presided in the • a separate waiting area for respondents. domestic and family violence jurisdiction at Brisbane and Warwick since the operation Throughout the state, a network of of these services have reported that community groups concerned with domestic aggrieved people are well-informed and and family violence regularly attend well-supported. They have also reported that courthouses, particularly on days that are respondents who have received the benefi t dedicated to court callovers for domestic of prior assistance seem less confused, violence matters, to render practical and more aware of the issues to be addressed, administrative support to women who are and better informed of the court process seeking protection orders against violence. and options open to them. It has also been An example of the extent of this support is reported that these respondents are more the service offered by the support group at inclined to consent to initial orders without Toowoomba who travel to domestic violence admission which results in reduced court callovers at Dalby, Chinchilla, Oakey and time and less emotional distress for all Pittsworth to support aggrieved people. concerned.
At present, aggrieved people attending the Since 1993, the Gold Coast Domestic court complexes at Brisbane and Holland Violence Service has been operating a Park receive the benefi t of non-legal court assistance program at Southport counselling from professionally trained —our busiest domestic and family violence social workers from the Women’s Domestic court. Its Court Assistance Offi ce is situated Violence Court Assistance Service of the within the courthouse and is staffed on Legal Aid Offi ce. These people act as Court a full-time basis. The Suncoast Cooloola Assistance Workers both inside and outside Outreach Prevention and Education the courtroom. (SCOPE) organisation provides practical assistance and court support at Caloundra, Since February 2005, the DV Connect Gympie, Maroochydore, Noosa and Pomona Organisation has operated a Men’s Help courthouses. It also provides men’s programs Line which can be accessed by telephone and community education and prevention 24 hours a day, seven days a week across sessions. the state. In the Brisbane Magistrates Court in George Street, DV Connect provide male social workers each Tuesday, Wednesday, and Thursday who offer a free counselling service for male respondents prior to their court appearance.
54 Queensland Magistrates Courts Our courts
Implications of the Family Law The Amendment Act will also have other Amendment (Shared Parental implications for the domestic and family Responsibility) Act 2006 violence jurisdiction through: The Family Law Act 1975 will be amended • the displacement of the presumption from 1 July 2006 by the Family Law of equal shared parental responsibility Amendment (Shared Parental Responsibility) in cases involving domestic and family Act 2006 (the Amendment Act). violence; • the role of protection orders in The Amendment Act has attempted to determining the best interests of the simplify and improve the operation of children; and provisions dealing with the relationship • the requirement of undertaking family between state and territory protection orders dispute resolution before fi ling a family made to protect a person from domestic and law application being inapplicable family violence and parenting orders made if the court is satisfi ed that there are under the Federal Family Law Act to allow reasonable grounds to believe that there a child to spend time with a person. The has been family violence or a risk of purpose is to resolve inconsistencies between family violence by one of the parties to the two types of orders. the proceedings. As a result of these new provisions, an Concerns have been expressed by some existing protection order yields to a commentators that some of the changes parenting order. Further, state and territory brought by the Amendment Act may courts will only have power to revive, vary, exacerbate domestic and family violence discharge or suspend a parenting order if a litigation in state and territory courts with protection order is made or varied and it has the detrimental consequences associated before it material which was not before the with the increase in case loads; however, court which made the parenting order. only time will tell with the practical Because protection orders now yield to experience of applying this new legislation. parenting orders, state and territory courts The Chief Magistrate will deliver a paper on will have to ensure they continue to include the implications of the new legislation2 at a appropriate exceptions in protection orders Queensland Law Society (QLS) Master Series to avoid potential inconsistency with Family Law Conference later this year. subsequent parenting orders. Although the ability of state and territory courts to revive, vary, discharge or suspend a parenting order will be clarifi ed, experience in hearing domestic and family violence applications suggests that this will not be a power that will be used regularly.
2Paper on the Implications of the new Domestic Violence legislation was delivered on 19 August 2006.
Annual Report 2005–2006 55 Industrial Magistrates Court Claims for workers’ compensation An Industrial Magistrates Court is The Workers’ Compensation and constituted by a magistrate sitting alone and Rehabilitation Act 2003 (the Workers’ exists through Part 3 of Chapter 8 of the Compensation Act) enables injured workers Industrial Relations Act 1999 (the Industrial to apply for compensation for injury Relations Act). It is a court of record and has sustained at work or while going to or a civil and criminal jurisdiction. from work. An appeal to the Industrial Magistrates Court follows dissatisfaction The jurisdiction of the court includes claims with the outcome of a review by QComp for workers’ compensation; claims for on a WorkCover decision. The appeals are recovery of money; recovery of charges, full trials and are often quite lengthy. Many fees or premiums; and prosecutions of of these cases involve stress injury claims. offences committed at the workplace. Usually, it is clear that there is an injury Any Queensland Magistrate can sit as and that work is a signifi cant contributing an Industrial Magistrate anywhere in the factor. The issue often contested is whether State. However, in the past two years, or not the injury is excluded by reasonable approximately 65% of all WorkCover appeals management action taken by an employer in have been fi led in the Brisbane Magistrates a reasonable way. The graph below indicates Court where one magistrate is mainly the number of appeals lodged in Brisbane responsible for Industrial Court matters. and the rest of the State from July 2004 to The full-time Brisbane Industrial Magistrate June 2006. is also responsible for all Commonwealth prosecutions and applications (other than Family Law).
Graph 19: Location of WorkCover appeals lodged statewide—July 2004 to June 2006
80 Brisbane
Rest of state 70
60
50
40
30
20
10
0 July04 Aug Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June06
56 Queensland Magistrates Courts Our courts
Since 22 August 2005, the Queensland Workplace Relations Act 1996. Under federal Industrial Relations Commission (QIRC) has awards, amounts of $10 000 or less can also been given jurisdiction to hear these be determined under a more informal and appeals. From October 2005 to 30 June 2006, simplifi ed small claims procedure. 59 appeals have been lodged with the QIRC with the number of appeals peaking at 10 for Some statutory bodies, such as WorkCover each of the months of April, May and June Queensland, are empowered to recover of 2006. At this stage, most appeals remain charges, fees or premiums in the Industrial with the Industrial Magistrates Court. Magistrates Court, including claims to recover workers’ compensation premiums. It is too early to predict what effect this The Court also hears appeals against the option will have on the number of appeals quantum of the premiums. heard in the Industrial Magistrates Court; however, as indicated in graph 19, during Prosecution of offences committed the fi rst 10 months this dual system has at the workplace operated, there appears to have been a The Court hears prosecutions for offences, decrease in the number of appeals lodged including fraudulent workers’ compensation with our Court outside Brisbane; however, claims, failure to pay award wages and the rate of lodgement has remained benefi ts, and failure to keep wage records. relatively steady in Brisbane itself. These It also deals with prosecutions under the trends will be closely monitored. Workplace Health and Safety Act 1995 (the Discussions have occurred between our Court WPHS Act). These prosecutions involve and QComp about publishing Industrial charges that an employer has failed to Magistrates Court appeal decisions together ensure the workplace health and safety with appeal decisions of the Industrial Court of employees or members of the public. of Queensland on their website
3Select Issues under the Workplace Health and Safety Act 1995 (Qld), Ms K Richardson, Lecturer Faculty of Business and Informatics, School of Commerce, Central Queensland Univesity.
Annual Report 2005–2006 57 The Coroners Court The report of the Bundaberg Hospital Inquiry recommended that a full-time medical All Queensland magistrates who investigate offi cer be appointed to the Offi ce of State deaths reported to them are also coroners Coroner to assist in determining whether or under the Coroners Act 2003 (the Act). not deaths that occur in a medical setting should be investigated. There was also a The Act requires that sudden, suspicious, recommendation that the offi ce have access violent deaths, and those that occur to a panel of specialists to assist in such unexpectedly after a medical procedure, investigations. This was in accord with be referred to a coroner so that the cause a submission by the State Coroner to the of death can be established and the Inquiry. circumstances of the death examined. Local coroners act in accordance with directions Deaths in custody and deaths in care are issued by the State Coroner and receive given special attention as they relate to advice and assistance from the staff of Offi ce people whose youth, incapacity or situation of the State Coroner which is based at the makes them dependent on state offi cials. Brisbane Magistrates Court in George Street. These deaths are scrutinised to ensure that the relevant offi cial has discharged this The role and functions of the coroner and responsibility appropriately. a description of the coronial system are referred to in the 2004–2005 Annual Report. In 2005–2006, 3056 deaths were reported to coroners in Queensland. Coroners rely on reports prepared by forensic pathologists, police offi cers and other In December 2005, the Justice and specialist investigators to help them make Other Legislation Amendment Act 2005 their fi ndings and/or determine whether or was passed. This Act made a series of not an inquest is necessary. amendments to: A major focus of the coronial system is • the Births Deaths and Marriages the prevention of avoidable deaths by Registration Act 2003—to allow changes to law, practice or procedures registration of the death where a when the evidence presented at an inquest Queensland court or coroner makes a demonstrates that inadequacies in systems, fi nding of death but cannot specify training or regulation has contributed to a where the death occurred. death. • the Coroners Act 2003—to allow the local or appointed coroner to do deaths The Act places an emphasis on the making in custody investigations and allow local of preventative recommendations. For this or appointed coroners to be appointed to reason, fi ndings made by the State Coroner investigate certain other types of death or and the Deputy State Coroner are posted on be appointed for certain periods, etc. the State Coroner’s website
58 Queensland Magistrates Courts Our courts
Commonwealth jurisdiction The Commonwealth offences most frequently prosecuted in Queensland Magistrates Courts In Queensland, the Magistrates Court has are Social Security fraud, taxation offences jurisdiction to hear and determine matters and offences against the Customs Act 1901 under Commonwealth law. Most aspects of (Cth) (the Customs Act). Family Law are dealt with in the Federal Magistrates Court; however, Queensland The number of defendants in the magistrates exercise considerable jurisdiction Commonwealth jurisdiction has remained in other Commonwealth matters. These at the same level over the past two years mainly involve social security fraud, as well (3841 in 2004–2005; 3833 in 2005–2006); as customs and taxation prosecutions. A list however, there has been a signifi cant of Commonwealth lodgements is in increase in the number of charges laid—from Appendix 4. 8752 in 2004–2005 to 11 210 in 2005–2006. A large proportion of Commonwealth work is dealt with in the Brisbane Magistrates The statistical increase in the Commonwealth Court. Because of the volume of work, one jurisdiction this year has been partly due magistrate is assigned that work which is to about a 100% increase in charges under usually heard in Court 40. However, many the Taxation Administration Act 1953 (the matters originate elsewhere in the State and, Taxation Act) from 2762 to 5642 (with a in the larger regional centres, the work is corresponding increase in defendants from usually rotated around the magistrates at that 845 to 1252). These offences usually involve centre. failure to lodge income tax returns, fraud involving the Goods and Services Tax (GST), The Commonwealth Sentencing Scheme is and failure to lodge GST returns or to supply contained in the Crimes Act 1914 (Cth) (the requested information. Usually fi nes are Crimes Act). State provisions for sentencing imposed for these offences, with higher fi nes do not apply to federal offenders unless for repeat offenders and those who breach the provision is specifi cally adopted by the court orders. Commonwealth, for example, the Crimes Act adopts State law for making Community There has also been a signifi cant increase Service Orders and the commencement of this year in charges under the Criminal Code sentences. This Act permits penalties similar Act 1995 from 2381 to 3324 with over 30% to those prescribed in Queensland’s State increase in defendants from 1116 to 1453. Penalties and Sentences Act 1974 (the Offences under the Customs Act usually State Act), such as recognisances, fi nes, originate at International Airports and Community Based Orders and imprisonment. mainly involve the importation of prohibited However, unlike the State Act, the Crimes items. These items are often seeds, produce Act restricts the power of a judicial offi cer to (food items such as fruit), weapons or drugs. decide not to record a conviction. Because In these instances, the offences before the the recording of a conviction can often have Court usually consist of one charge of serious consequences for a defendant, when making a false statement and another of dealing with Commonwealth offences, the illegal importation. The offenders are often Court regularly receives applications for non-English speaking students from Asia or Orders under section 19B of the Crimes Act overseas tourists who have just disembarked which restricts the ordering of ‘no conviction’ from long fl ights in a state of tiredness and to cases where the charge may be proven do not heed the well-displayed signs at but the Court can elect to dismiss the charge, airports which are there to inform incoming discharge the person on a recognisance or passengers what they cannot bring into make a probation order, having regard to the the country. Usually these people have no matters set out in the section. previous criminal history.
Annual Report 2005–2006 59 The most common penalties imposed for This trend with Social Security cases may these types of offences are fi nes which can be due to Centrelink’s installation of new be quite large and convictions are recorded. computerised systems in 2004 and their This is because importation of food and subsequent development in consultation wood products, in particular, poses a great with the offi ce of the Commonwealth risk to Australia’s primary industries. Some Director of Public Prosecutions. local offenders choose to convert the fi nes Consequently, we understand that, with to Fine Option Orders which allow them the increase in computer tracking, many to undertake community service instead of frauds against Centrelink are now detected paying the fi ne. In a few exceptional cases, at an earlier stage than previously. In recognisances are imposed. most cases, convictions are recorded and defendants are sentenced by being released A comparison with the 2004–2005 Annual on recognisances to be of good behaviour Report also reveals a signifi cant increase or on orders to perform community service. in defendants and charges under the Great However, in the cases involving larger Barrier Reef Marine Park Act 1975 (from 21 amounts of money or repeat offending, defendants and 21 charges to 107 defendants imprisonment can result. In all cases, and 107 charges). Reparation Orders are made for the offender Areas where there have been decreases in to repay the Commonwealth through defendants and charges this year include monthly deductions over a period of time. offences against the Crimes Act 1914 (440 The exercise of Commonwealth jurisdiction defendants and 670 charges in 2004–2005; in the Magistrates Court is challenging and 154 defendants and 182 charges this year); interesting. In the Brisbane Magistrates the Social Security (Administration Act) Court, the magistrate assigned to Court 40 to 1999 (369 defendants and 718 charges in do this work has the opportunity to develop 2004–2005; 155 defendants and 267 charges expertise in this jurisdiction. this year); and the Social Security Act 1991 (105 defendants and 183 charges in 2004–2005; 40 defendants and 63 charges this year).
60 Queensland Magistrates Courts Our courts
The Drug Courts The Intensive Drug Rehabilitation Order (IDRO) made by a Drug Court is offender The Drug Court Act 2000 (Qld) (the Act) was rather than offence oriented and aims to passed by Parliament on 8 March 2006 and promote the offender’s wellbeing rather is an Act to provide permanent Drug Courts than merely punishing criminal behaviour. for intensive drug rehabilitation of drug Highly respected Australian criminologist dependent offenders. The Act commenced Arie Frieberg has aptly described such on 3 July 2006. Previously, Drug Courts had sentencing regimes as ‘prospective rather operated as a pilot program for some fi ve than retrospective’.5 years. The IDRO is underpinned by the concept of Drug Courts are located at Beenleigh, therapeutic jurisprudence which combines Southport, Ipswich, Townsville and the care elements of the health system and Cairns. There are 12 magistrates trained the control mechanisms of the criminal and allocated to convene Drug Courts in justice system.6 Queensland. The Act also ensures: The aim of diversion from the ‘mainstream • more eligible people are able to access courts’ to rehabilitation within a Drug Court Drug Courts than was previously is set out in section 3 of the Act. The stated possible. This has been achieved by objectives are: expanding the postcode areas that form (1) (a) to reduce the level of drug the Drug Courts’ catchment areas; dependency in the community • a speedy process of identifying by and the drug dependency of an ‘indicative assessment’ whether a eligible persons; and defendant is or is not an eligible person (b) to reduce the level of criminal to seek referral to Drug Courts; activity associated with drug • violent offenders cannot be referred dependency; and to Drug Courts and gives Drug Courts (c) to reduce the health risks greater scope to determine whether or associated with drug dependency not an offence is violent; of eligible persons; and • there are minimum requirements for the (d) to promote the rehabilitation of frequency of drug testing of offenders eligible persons and their re- taking part in the program to maintain integration into the community; effective risk management; and • offenders facing suspended sentences of (e) to reduce pressure on resources in up to four years are able to be referred the court and prison systems. to Drug Courts. (The previous maximum was three years.) (2) The objects are to be achieved by establishing drug courts.
5Said at the Drug Court National Conference in Sydney on 28 February 2002, in the Workshop discussion: ‘Therapeutic Jurisprudence and the Role of the Judicial Offi cer in a Therapeutic Court’.
6Magistrate Costanzo: see
Annual Report 2005–2006 61 The Drug Courts operate in collaboration During 2005–2006, the use of Treatment with other organisations. A Drug Court Team Teams has been expanded. The Treatment works within each Drug Court and consists of: Team manages participants who demonstrate • a police prosecutor from the Queensland compliance with their rehabilitation Police Service treatment. This means the participant is not required to attend court for review as often. • a defence solicitor from Legal Aid Instead, increased contact with treatment Queensland providers in a personalised Treatment • a corrective services offi cer from the Team forum supports and encourages the Department of Corrective Services participant, by helping directly with access • a clinical nurse consultant from to support or skills to address problems Queensland Health and explore techniques to prevent relapse. • a Drug Court Magistrate. The Treatment Team method provides opportunities for the participant to take Additionally, other government and non- greater responsibility for their rehabilitation. government agencies contribute support This management strategy also aims services to the program. These include the to achieve interagency consistency of Department of Housing, the Department of understanding, to minimise manipulation Communities and numerous rehabilitation or misinformation by the participant, and centres and accommodation providers. to provide a cohesive approach to the participant’s rehabilitation. This collaborative approach refl ects an understanding of the mix of skills necessary To assist these partnerships, a Joint Practices to identify eligible people for admittance to and Procedures Manual exists to integrate an IDRO and also to formulate appropriate and focus the resources and expertise of treatment regimes within the IDRO—for the various organisations involved in Drug example, the clinical nurse also helps with Courts on common goals that are consistent access to non-government rehabilitation with the objectives of the Drug Court. and treatment facilities (both in-patient and out-patient). In mid 2005, JAG nominated the Drug Court for the Premier’s Awards. The Drug Court won the award (jointly with another nominee) in the Innovation and Creativity Award section.
62 Queensland Magistrates Courts Our courts
The submission for the award included the The Drug Court offers a new approach following explanations about the Drug for the judiciary in dealing with drug Courts: related crime. The concept of ‘therapeutic jurisprudence’ guides the court when Through its intensive program of drug dealing with participants. The case treatment, the Drug Court supports management approach adopted by the participants and their families by offering court allows it to become closely involved them an opportunity for rehabilitation, with the progress and rehabilitation of to overcome their addiction and reclaim the participant. The court is available to their lives. Individual rehabilitation guide the participant, deliver praise and ( l–r) The Premier can take between 12–18 months and Treasurer the encouragement and impose sanctions to Honourable Peter depending on the extent of the addiction enforce compliance. An atmosphere of Beattie, Nancy Opie and underlying problems. In brief, trust is fostered with participants, who (Health), Magistrate the rehabilitation program is in three realise that the court will help them in Anne Thacker, Cathy stages: Abstinence, Consolidation and McCahon (JAG), their recovery. Raelene Berndt Reintegration. (Housing), Kate Martin (DCS), Penny Williams (LAQ), Greg Wiman (JAG), Rod Charles (QPS), Ken Day (Communities), Matthew Wallace (MIRVAC).
Annual Report 2005–2006 63 And further that: This is a most unusual case. It shows the benefi t to the community of orders made Very few drug-addicted offenders who under the Drug Rehabilitation (Court complete the Drug Court program return Diversion) Act 2000 (Qld). Had such an to prison, demonstrating that Drug Court order not been made, there seems little is helping to break the cycle of crime and reason to doubt that the applicant would drug addiction. have continued to commit offences with The Drug Court assists participants, the same relentless persistence that he their partners and children to maintain demonstrated prior to the making of a social environment free of drugs. that order on 22 June 2004. He has The program provides services such as not offended since 10 August 2004—the housing programs, counselling and close longest period of his adult life when he monitoring of drug abstinence necessary has not offended whilst not in custody. for effective parenting. The program Not surprisingly that has coincided with supports and stabilises families, thus the time in which he has been drug-free, protecting our children, and promotes as monitored by fortnightly urine testing. the integration of individuals back into His life is almost a text book case of the community life. direct link between illegal drug usage and addiction and criminal offending and the The cost savings to the Government diffi culties and set backs faced by those cannot be measured purely in terms who attempt to rehabilitate themselves. of the cost of the Drug Court versus imprisonment. The ‘intangible’ cost There is no doubt that the community savings, which cannot be accurately has benefi ted by the cessation in his measured, include crimes that are not criminal activity. So has the applicant. committed, prison terms that are not He now has a job, a partner and has served, families that are not splintered purchased a house. He is living a stable, into foster care, improved health and the productive life. avoidance of medical costs, and fi nancial The Drug Court has recently produced self-sustainability gained from continuous two short fi lms intended to provide better employment. information on what the Drug Court is all about and what is expected of defendants The effectiveness of the Drug Court program who seek to become participants on the was also recognised by Justice Atkinson Drug Court program. There has also been who, in the Queensland Court of Appeal news media coverage of the move from decision of R v Muller [2005] QCA 417 said pilot program to permanent Drug Court. of the IDRO in that case: The consistent theme of the messages to the community has been that drug dependent offenders are either in treatment or in prison.
64 Queensland Magistrates Courts Our courts
In South-East Queensland (SEQ), the Drug Of the 134 active participants on the 30 June Courts are able to manage up to 141 2006: participants on IDROs at any one time and • 49 were at the following facilities on in- 80 participants in North Queensland (NQ). patient programs—SEQ 28, Tsv 12, Cns 9: Between 6 June 2000 (when the program – Mirikai SEQ 6 commenced in SEQ) and 30 June 2006, there have been 1390 referrals to Drug Courts – Ozcare Tsv 7 (being 1020 in SEQ and 370 in NQ). – Moonyah SEQ 6 – Stagpole Street Tsv 2 Outcomes of referrals for this period have – Logan House SEQ 5 been as follows: – Salvation Army RS Tsv 3 • 774 Intensive Drug Rehabilitation Orders (IDROs) have been made—SEQ 568, – Fairhaven SEQ 7 Townsville (Tsv) 121, Cairns (Cns) 85. – Ozcare Cns 9 • 40 defendants await a Drug Court – Goldbridge SEQ 4 decision on eligibility—SEQ 30, Tsv 6, – Goori House SEQ 0 Cns 4. • 23 defendants absconded before • 85 were on out-patient programs—SEQ receiving an IDRO—SEQ 13, Tsv 6, Cns 4. 55, Tsv 13, Cns 17—including 22 in the Accommodation Support Program: • 553 ineligible defendants have been remitted to the Magistrates Court or – Beenleigh ASP SEQ 4 sentenced in the Drug Court—SEQ 409, – Townsville ASP NQ 2 Tsv 74, Cns 70. – Ipswich ASP SEQ 7 – Cairns ASP NQ 6 Of the 774 IDROs made: – Southport ASP SEQ 3 • 35 participants failed to appear and are currently at large (IDROs not yet As the Queensland Drug Courts move terminated)—SEQ 20, Tsv 13, Cns 2. into their initial ‘permanent’ phase, the • 417 participants have been removed from magistrates who convene the court are the program. These include defendants mindful that they must guard against the who have terminated from the program tendency for successful ‘pilot’ initiatives to at their own request and 4 people who lose their potency when they advance into a are deceased—SEQ 321, Tsv 52, Cns 44. ‘mainstream’ mode. Drug diversion programs rely on integration of many government • 134 participants were actively and non-government services and need the participating in their IDROs—SEQ 83, Tsv focused support of the providers of those 25, Cns 26. services to act as ‘partners’ with the Court’s • 188 participants had graduated—SEQ team to achieve the objectives stated in 145, Tsv 26, Cns 17. section 3 of the Act.
Annual Report 2005–2006 65 The challenge for magistrates is to balance The conference program consisted of short their duties as independent judicial offi cers presentations by ‘focus panels’ on various and decision makers in the court with their key elements and contemporary issues and role as a Drug Court team leader who has initiatives because justice administrators and meaningful engagement with the team judicial offi cers benefi t by understanding members—the legal, medical and social how to manage brokerage of robust and support professionals and administrators— effective operational relationships with who operate the rehabilitation programs at therapeutic providers who are implementing each centre. With the Drug Court’s continued court orders. For example, presentations focus on ‘local team’ practice, drug offenders included questions addressing: will have a high level of assistance to rehabilitate and become law-abiding, • Past and Future Sentencing Options effective members of their community. —Judicial Perspectives on ‘Justice delayed is justice denied’. How does this fi t with the necessary time taken to assess and Court Drug Diversion Initiatives treat a drug offender? What are the Conference justice implications of pre- and post- In May this year, our Drug Court magistrates sentence diversion strategies? participated in a two-day national • Therapeutic Intervention Perspectives conference in Brisbane entitled Court Drug —Harm minimisation; Therapeutic Diversion Initiatives. The conference was Jurisprudence and Punishment: How do funded through the Department of Justice they fi t together? and Attorney-General and was organised and convened by Queensland’s Drug • Evaluating Outcomes: How do we Court Manager, Mr Greg Wiman. Over 170 evaluate across programs, measure delegates from across Australia and from recidivism, and common data sets? overseas attended the conference. This successful conference provided The purpose of the conference was to attendees with the opportunity to make provide a forum to: important links and learn lessons on the evolving spectrum of Drug Courts and drug • energise initiatives to address the drug diversion initiatives. use of offenders through community based therapeutic intervention; and • evaluate and monitor developments with the aim of contributing to identifi cation of ‘best practice’ intervention models; and • defi ne tangible outcomes for the ongoing funding considerations necessary to support the new jurisprudence.
66 Queensland Magistrates Courts Our courts
Illicit Drugs Court Diversion As at 30 June 2006, 5792 offenders, Program including 203 juveniles, have been diverted into a Drug Assessment and Education The Illicit Drugs Court Diversion Program session. The program continues to enjoy a commenced as a pilot project in the high compliance rate of approximately 92%. Brisbane Magistrates Court on 28 March 2003 following the Council of Australian A two-year recidivism evaluation of Governments endorsement of the National juveniles under 17 and young people aged Illicit Drug Strategy. It became operational 19 to 25, diverted through the program on a statewide basis on 1 July 2005 as a on their fi rst appearance before the Court, result of a positive evaluation conducted in shows a very high 67% of no further re- September 2004. The program has received offending. The evaluation further revealed further Commonwealth Health Department that, in circumstances where a criminal funding until June 2008. This funding is history had been already established for administered by Queensland Health and is drug offending prior to accessing the resourced with three full-time staff. program, there are still 37% who have not re-offended. The aim of the program is to divert adults and juveniles with minor drug offences In August 2005, all states of Australia into counselling rather than the traditional participated in the National Illicit Drug penalty of a fi ne. It is running concurrently Diversion Initiative Evaluations Workshop with the Police Diversion Program and its in Sydney. Key fi ndings to emerge from head offi ce is located in Brisbane’s Roma the review indicated that, for some of Street Arrest Courts complex. the programs (mostly the court-based initiatives), participation may, at least in The program is being conducted within a the short-term, lead to improvements in legislative framework and is directed at health and social functioning, as well as offenders charged under the Drugs Misuse reductions in illicit drug use and criminal Act 1986 with possession of small amounts activity. All states were encouraged by these of illicit drugs for personal use, and/or early results to continue these programs to implements associated with illicit drug use, address offenders’ drug dependency and other than hypodermic syringes and needles. offending behaviours which, in turn, will To accommodate the program in 2005, a new cut the public health, welfare and social regulation was made under the Penalties and costs to the community. Sentences Act 1992 to prescribe the drugs and the quantities to which the program applies—for example, not more than 50 grams of cannabis sativa and not more than 1 gram of heroin.
Annual Report 2005–2006 67 The Queensland Murri Court Together, these groups are working to ensure the justice system is accessible to Indigenous The Murri Court is a Queensland Magistrates Queenslanders, that offenders understand Court, or a Childrens Court, that is the court process, and that they are given constituted by a magistrate and is designed the opportunity to address the cause of their specifi cally for Aboriginal and Torres Strait offending behaviour. Islander offenders. It was established by the Queensland Magistracy in response to the In October 2005, the government provided over representation of Indigenous people in for the payment of $36.40 to each elder for the justice system. their attendance at Murri Court as a ‘sitting allowance’ to cover the transportation, The Murri Court involves Indigenous elders or parking and incidental expenses incurred in respected persons in the court process. The role undertaking their voluntary service to the of elders and respected persons can include: Court. This addresses an issue raised by our • advising the magistrate about cultural court in the last Annual Report. issues; • assisting the offender in understanding Review of the Murri Court court processes; In September 2005, the Honourable Linda • assisting the magistrate to decide on a Lavarch MP, Attorney-General and Minister sentence that is most appropriate; and for Justice, commissioned a review of the • acting as a connection between the court Murri Court to assess its effectiveness and and the local Indigenous communities. whether or not it should be expanded and made a permanent statewide program. The role of elders and respected persons in the Murri Court is authorised under section The review was conducted by JAG’s 9(2)(o) of the Penalties and Sentences Act Strategic Policy Unit. Overall, 478 people 1992, and says that a court must consider provided feedback to the Review, either relevant submissions from Community Justice in their personal capacity or representing Groups, including elders and respected a government or non-government persons, when sentencing Aboriginal and organisation. Torres Strait Islander offenders.
To address Indigenous offenders’ behaviour, Some important outcomes of the Murri Courts have built and sustained review partnerships between a wide range of The review process has been instrumental stakeholders including: in obtaining additional funding for the • the Magistracy Murri Court. In May 2006, as part of the • elders groups and Community Justice Queensland Government’s 2006–2007 Groups Budget, $5.2m was provided for the Murri • Department of Corrective Services: Court over three years, commencing January Community Corrections 2007. This funding will allow: • Queensland Police Service: Prosecution • the creation of seven new positions to Service support the Murri Court—one Statewide Coordinator and Court Liaison Offi cer • Department of Communities: Youth for locations where Murri Courts are Justice Services and Court Services convened; • Aboriginal and Torres Strait Islander Legal Service • Queensland Health: Alcohol Tobacco and Other Drugs Service (ATODS) • Indigenous community and health services
68 Queensland Magistrates Courts Our courts
• the Chief Magistrate to take steps to • the presence of members of the release Murri Court magistrates from offender’s community in the court: their usual court duties, as required, to – assists the offender to be more take initiatives to build relationships to responsible for their offending maintain their local Murri Court. This behaviour; and would be achieved by the appointment of – increases the offender’s awareness of acting magistrates to replace Murri Court the impact of their offending on their magistrates during these periods; own community and the victim. • the organisation of a biennial conference involving the Chief Magistrate, Murri The Murri Court does not sentence offenders Court magistrates, Murri Court staff, who have committed major or serious elders and respected persons, and offences of violence as these types of Community Justice Group members to offences are dealt with in the District Court. discuss Murri and Torres Strait Islander The Murri Court has also received feedback criminal justice issues; that it is more effective in dealing with • training in court processes and cultural Indigenous offenders than other Magistrates awareness for all stakeholders in the Courts because: Murri Court, including the police, • the offender is acknowledged in the corrections offi cers, and government and process; and non-government service providers; • the offender is encouraged to change and • research to be done to examine the be reintegrated into the community. rehabilitative needs of Indigenous offenders as part of the Indigenous Stakeholders regard the Murri Court as criminal justice research agenda; an effective mechanism for increasing • the identifi cation and development of participation and ownership by the a range of diversionary programs to Indigenous community in the criminal improve Indigenous justice outcomes. justice process.
Support for the Murri Court Legislative base for the Murri Court The feedback that is available to the court As a result of the review, a legislative base from the review is that: is expected to be developed for aspects of • the involvement of elders and respected the Murri Court that require certainty and persons in the court process helps the consistency in approach. This will be done offender develop trust in the court. through face-to-face consultation with • the court’s problem-solving focus helps Indigenous community leaders and Murri offenders to undertake rehabilitation and Court stakeholders in areas where the Murri stop their offending conduct. Court sits. Any such legislation should allow • Murri Court stakeholders do not each Murri Court to retain fl exibility to regard the Murri Court as lenient in its adopt procedures suitable to the local court sentencing practices. The penalties are environment and to deal with local issues. onerous on the offender as they often involve treatment and close supervision.
Annual Report 2005–2006 69 In June 2006, as part of the NAIDOC national week of celebrations that acknowledges the history, culture and achievements of Aboriginal and Torres Strait Islander people, the Brisbane Murri Court received an Award of Excellence at the South-East Queensland NAIDOC Awards Night. The Aboriginal and Torres Strait Islander Women’s Legal Service nominated the Brisbane Murri Court for the award, with particular emphasis on the dedication of Indigenous elders who encouraged their Representatives of the Murri Court celebrate winning the ‘Award of Excellence’ with an community members to support the efforts afternoon tea at the Brisbane Magistrates court. of the Magistrates Court to form a Murri (l-r) Front—Rev Alex Gater, Aunty Monica Court in South-East Queensland in 2002 and O’Callaghan, Boni Robertson ,Magistrate Jacqui to provide voluntary service to it. Payne, Aunty Valda Coolwell Back—Uncle Albert Holt, Magistrate Zac Sarra, Uncle Paddy Jerome, Arrangements are in place to have the Chief Magistrate, Judge MP Irwin Award of Excellence displayed in Court 32, the courtroom specially designed for the Brisbane Murri Court. Brisbane Due to the increasing volume of work Caboolture in the adult Murri Court at Brisbane, the sitting time has been increased from each Following a year of contact and consultation Wednesday afternoon to a full day each between the Magistrates Court and members Wednesday. The change has allowed the of the Aboriginal and Torres Strait Island Magistrates in the Murri Court to keep communities between Brisbane and the the diary within reasonable limits and has Sunshine Coast, a Youth Murri Court was reduced the need to adjourn matters. One instituted at the Caboolture Magistrates of the philosophies behind the Murri Court Court on 24 February 2006. There is now is to have the offenders appear before the a committed group of elders who meet court voluntarily, rather than have warrants regularly to structure their involvement issued for their arrest for non-appearance. with the court. A total of eight elders have One of the reasons for imprisonment is that, been trained in justice issues and have sat after failing to appear a number of times, as members on the Court. A further seven defendants from any court are liable to people have been accepted by the elders imprisonment. By allowing the Murri Court group and are awaiting training. A total to deal with a larger number of matters of 17 defendants were dealt with in the each week, it has the benefi t of reducing the Youth Murri Court at Caboolture in the six number of adjournments and dealing with sittings conducted to 30 June 2006. Plans to cases more quickly, thus reducing the chance constitute a Murri Court for adult offenders of non-appearance. at Caboolture Magistrates Court is underway. This increase in sitting time has required Brisbane magistrates to devote more time to the court without additional resources; however, the funding of the three-year pilot will go some way to addressing this resource shortfall.
70 Queensland Magistrates Courts Our courts
offending profi le of the defendants prior to participating in the Murri Court process. That is, despite only 8.5% of offenders having no criminal history prior to Murri Court, 31% did not re-offend after participating in Murri Court. This is more than a three-fold increase in lawfulness.
An analysis of the nature of the re- offending showed that 67.7% of offenders committed minor offences and 32.3% committed indictable and/or violent Her Excellency Ms Quentin Bryce AC, Governor offences—despite 60.5% of offenders having of Queensland with Magistrate Hennessy, previous convictions in this category. Elders and Commmunity Justice Group members and court staff at Rockhampton. This does seem to represent a signifi cant reduction in serious offending.
In August 2005, our Murri Court team Rockhampton hosted a three-day seminar on Murri Court The Rockhampton Murri Court team have processes. This was an information sharing had a busy year both inside and outside seminar that was attended by people from the courtroom, and the court appears to be the Townsville/Thuringowa Community making an impact both locally and in more Justice Group, Magistrate Glasgow, Registrar distant places. Greg Johannesen, DATSIP Regional Manager Greg Anderson, Community Corrections Throughout the year, the Murri Court sat Offi cer Steve Summers and others including regularly and worked with adult and juvenile elders representing Ayr, Ingham, Charters offenders who had demonstrated a desire Towers, Hughenden, Richmond, Palm to address the issues in their life and move Island and Townsville. Every aspect of the away from offending behaviour. The elders, Murri Court process was explored and all Community Justice Groups and Indigenous participants shared their experiences. The service providers also participated in the elders from Rockhampton, Townsville, JAG Murri Court Review. Charters Towers and Palm Island inspired A preliminary analysis of the data from all who attended the seminar with the the Murri Court in Rockhampton shows wisdom and knowledge they imparted and that only 8.5% of offenders came to the the dedication and commitment they have process with no criminal history and 91.5% shown. The seminar was very successful of offenders had some criminal history. on a number of levels and Townsville has Of these, 31% of the offenders had minor now developed and implemented their own history (street and traffi c offences) and Murri Court process with the leadership 60.5% of the offenders had history for major of Magistrate Glasgow, supported by his offences (indictable and/or violence). Townsville colleagues and the Community Justice Group and elders. Of the defendants who have appeared before the Murri Court, 31% have not re-offended There has been signifi cant interest in and, of the 69% who did re-offend, over 60% the operation of the Murri Court from of them committed offences of a more minor various aspects of the community, both in nature than the subject offence. Although Queensland and around the country. over two-thirds of defendants did re-offend, this should be placed in the context of the
Annual Report 2005–2006 71 Her Excellency, Ms Quentin Bryce AC, involvement and input of members of the Governor of Queensland, and Mr Michael Indigenous community. Bryce visited Rockhampton and attended a session of the Youth Murri Court on 22 As a result of the level of public interest in August 2005 where the Governor observed the operation and outcomes of the Murri some young people going through the Murri Court, as well as the justice initiatives adopted Court process. Outside the court she shared at the Community Court at Woorabinda, afternoon tea with the elders, members of Magistrate Hennessy continues to receive the Community Justice Group, Magistrate many invitations to speak about her court Hennessy and other participants where she work—particularly about Domestic and Family expressed her thanks to the elders and the Violence Programs. During the year, she Community Justice Group for their efforts presented papers at the following conferences: on behalf of the troubled young people of • Queensland Law Society Northern the community and paid respect to their Legal Educator’s Conference at Cairns, dedication and community service. The November 2005 issues confronting children who commit • Australia New Zealand Society of offences were discussed along with the need Criminology Conference at Hobart, for more community services to support February 2006 children and young people. The elders • Centre for Domestic and Family Violence thanked the Governor for her interest and for Research Centre Forum on Indigenous acknowledging the efforts of members of the Domestic and Family Violence Prevention Indigenous community in Rockhampton. at Mackay, May 2006 On 4 October 2005, the Attorney-General • Queensland Law Society State Legal and Minister for Justice, Linda Lavarch, Educator’s Conference at Brisbane, June attended a sitting of the Adult and Youth 2006 Murri Court to observe its process. • AIJA International Therapeutic Jurisprudence Conference at Perth, June At the conclusion of the court session, 2006. she held discussions with the Murri Court team and acknowledged the high level Communication and understanding are the of cooperation between magistrates, the keys to the successful operation of Murri Magistrates Court registry, the Indigenous Court. The Rockhampton Murri Court team community, government departments, and have developed a DVD explaining the community organisations in the Murri Court operation of the Murri Court in Rockhampton process. The Attorney-General outlined her for the training/information of Community views on the potential future development of Justice Groups, magistrates and registry staff, the Court and sought input on various issues corrections offi cers, police prosecutors, and from the elders and Community Justice Department of Communities staff and to Group members. inform defendants about the process. The DVD was produced by the Bush TV production unit Her Honour, Judge Wolfe, Chief Judge of the in Rockhampton, an Indigenous organisation District Court, met with the Rockhampton specialising in television and other production Murri Court team in October 2005. She on Indigenous issues. Funding was provided travelled to Woorabinda to meet the local for this initiative by Milbi Incorporated and justice community to discuss the particular Department of Aboriginal and Torres Strait challenges that need to be met to assist their Islander People. The DVD has proved to be community. On her return to Rockhampton, very popular with copies being sought by she joined Magistrate Hennessy at a meeting interested courts and other groups around of members of the Fitzroy Basin Elders the country, as well as government agencies Committee and Community Justice Groups and Community Justice Groups all over (adult and youth) and discussed local issues Queensland. Over 100 copies have so far been on the changes in the criminal justice distributed. system that have resulted from signifi cant
72 Queensland Magistrates Courts Our courts
Island and Townsville, ten elders representing these areas visited the Rockhampton Murri Court for a three-day seminar referred to above. This seminar resulted in Youth and Adult Murri Courts being convened at the respective court centres, on a pilot basis, with an evaluation to be conducted by professionals from the James Cook University after twelve months’ operation.
The inaugural sitting of the Youth Murri (l-r) The late Kevin NganWoo, Coordinator of Townsville Thuringowa Community Justice Court occurred in Townsville on 15 February Group; Greg Johannesen, Registrar, Townsville; 2006. Our court recognises the wise counsel Carol Willie, Coordinator Rockhampton and commitment of Mr Eric Deeral, Mr Community Justice Group; Magistrate Monty Stubbins, Mrs Alice Dowden, sisters Glasgow, Townsville; Magistrate Hennessy, Rockhampton; Marion Calliope, DATSIP Ms Eva and Ms Elsie Kennedy and Ms Townsville; Greg Anderson, Regional Manager Renata Prior who regularly attend these DATSIP, Townsville. court sessions.
The Adult Murri Court held its fi rst sitting Townsville in Townsville on 2 March 2006 and has continued to sit each alternate Thursday. For more than three years, Townsville’s A sitting of the Murri Court has also been Childrens Court has been the weekly venue held at Palm Island. To date, 38 matters for three elders of the local Community have been referred to the Murri Court in the Justice Group who have participated, Townsville region and all but seven of those each Wednesday on a roster basis, in the matters have been completed within the fi rst sentencing processes involving young four months of its operation. Indigenous people who appear before the courts.
In the year ended 30 June 2003, over 60% of the 1135 young people who appeared before the Townsville Childrens Court were from an Indigenous background. In the three years that have passed since involving the elders in the court process, the number of Indigenous children who have appeared before the court has been reduced by approximately 30%. The contribution and involvement of the elders in the sentencing processes of the court has been, in no small way, a signifi cant contributing factor. Magistrate Glasgow and Elders Eva and Elsie In August 2005, following six months of Kennedy at the opening of the Youth Murri Court consultation with representatives of the at Townsville. Indigenous communities of Ayr, Ingham, Charters Towers, Hughenden, Richmond, Palm
Annual Report 2005–2006 73 Mount Isa One of these initiatives is the Murri Men’s Resource Centre which has been established Following the success of the Murri Court’s for at least six years; however, in recent pilot project in Mount Isa in the 2004–2005 times, its community functions have court year, the Murri Court held regular expanded signifi cantly. The centre is open sittings throughout this year. Apart from his every day and a Men’s Murri Group meets daily court duties and extensive travel for each Monday night from 6pm to 9pm. court circuits, Magistrate Manthey continues Volunteers collect participants who are to develop community and court stakeholder without transport and provide follow-up commitment to maintain the successful visits to their homes. Medical workers from operation of the Murri Court in Mount Isa. Abhealth regularly attend the meetings to To ensure the effectiveness of the Murri carry out routine health checks such as Court at Mount Isa, as well as the courts blood pressure and blood sugar levels as well of the Indigenous communities in which as give general health advice. Centrecare he presides in the remote areas of his workers also attend to provide information jurisdiction, Magistrate Manthey has found about training and job skills. there is a real need for trained Indigenous At the weekly meetings, there is an exchange interpreters to assist the Court in its future of ideas and experiences, particularly by operation. Many Indigenous offenders dealt elders who have experienced problems and with by the Court in Mount Isa and its overcome them. Initially, the young men circuit centres, come from the remote regions listen; but, as they gain confi dence within of Queensland and the Northern Territory the group, they participate in discussion and and either speak no English or struggle with begin to discuss their personal situations it as a second language. In the interests and gain insight into what has led to their of justice, it is vital that communications troubles. between the magistrate and defendants, as well as the members of the Community During the course of the year, several Justice Groups who help the magistrate, defendants who have appeared before the be facilitated to a reasonable level of Murri Court have been referred to this centre understanding. —either as part of their bail conditions or their sentence—and the results have been Magistrate Manthey meets regularly with very positive. elders and Indigenous respected persons throughout the far-west and gulf region, usually away from the court environment, and has actively supported local social and justice initiatives set up by members of the Indigenous community.
74 Queensland Magistrates Courts Our courts
Cairns Alcohol Remand and Homeless Persons Court Rehabilitation Program (CARRP) Diversion Program Through the continued collaborative Brisbane Magistrates Court approach and involvement of dedicated government and non-government During the fi rst half of 2005, Legal Aid organisations the Aborigines and Islanders Queensland (LAQ) conducted a pilot Alcohol Relief Service (AIARS) has continued program to represent homeless defendants to provide the Magistrates Court in Cairns who appeared before the Brisbane Roma and Mareeba with access to one-month Street Arrest Courts for street or public residential rehabilitation programs for order offences to assist the Court address alcoholic people charged with minor public the justice issues which concern these space offences. By incorporating such defendants. residency conditions in a Court Ordered The research drawn from this program Bail Program, the court is able to divert revealed that: offenders of Aboriginal and Torres Strait Islander background, who have previously • more than half the project’s defendants offended in this way, to a health-orientated had mental health issues; facility instead of a community correction • much of the anti-social behaviour centre. This Court Diversionary Program has exhibited by the project’s defendants was resulted in the number of repeat offenders a result of impaired decision-making appearing before the Court being reduced capability; by approximately 60%, with the rate of re- • a signifi cant number of the sample group offending of the remaining 40% who had of defendants failed to appear at Court been admitted to the program showing a on a subsequent appointed date; marked reduction. • all defendants assisted in the project In the course of the year, 37 offenders were were either receiving government admitted to the CARRP program; thirty-three benefi ts or had an extremely low income. of those people successfully completed the Through its involvement with this pilot required one-month rehabilitation program. program, the Court made plans, within Fifteen of those participants continued in the its existing budget, to establish a weekly residential program, on a self-referral basis, sitting at the Roma Street Arrest Courts to receive further rehabilitation support. especially to deal with defendants who The residential rehabilitation is supervised have homelessness and impaired capacity by AIARS at Douglas House in Cairns and issues. This ‘Special Circumstances’ Court, at Rose Colless Haven just outside Mareeba. with the cooperation of the prosecution Apart from health and life skills education, and the defendant, would apply therapeutic residents receive one-to-one medical jurisprudence within the context of statute consultations and counselling, and they and common law to achieve a more receive culturally appropriate social and comprehensive resolution to recurrent emotional support to re-engage with family offending by addressing obvious health, and communities for ongoing support. educational, relationship, fi nancial, cultural or other underlying issues. This program is now in its third year of operation and has proven to be highly In its June 2005 budget, the Department successful in helping Indigenous people of Justice and Attorney-General made suffering with alcoholism to receive effective provision to fund a two-year Homeless support, within residential rehabilitation, Persons Court Diversion Program (HPCDP) to give them the opportunity to effectively by appointing a Homeless Persons Court address their individual problems and make Liaison Offi cer (HPCLO) to its staff. healthy lifestyle changes.
Annual Report 2005–2006 75 This offi cer’s role is to assist the Court with Special Circumstances List assessment, referrals and access to public and private services on a daily basis. The Brisbane Magistrates Court commenced the operation of a Special Circumstances List To ensure this program achieved effective in the criminal jurisdiction on 4 May 2006. outcomes, some initial time was spent in This project is a twelve-month pilot which developing a management structure for the operates in association with the Homeless program. A small Project Steering Committee Persons Court Diversion Program and within has the overall management of the project; the Court’s current budget and resources. however, regular and valuable input fl ows to Defendants wishing to be considered for that committee from a Stakeholder Reference inclusion on the list are referred to the Group with representatives from the presiding magistrate convening Court 3 of the magistracy, from justice, health and social Roma Street Arrest Courts complex. This Court agencies and from a Client Reference Group operates each Thursday from 11am and is made up of homeless and incapacitated presently presided over by Magistrate Roney. people and their representatives.
The HPCLO was appointed in April 2006 The criteria for eligibility to be considered for and the Program commenced operating on a participation on the list is broadly as follows: daily basis in the Roma Street Arrest Courts • a plea of guilty; on 2 May 2006. Each day, people charged • a relatively minor charge typically with public space offences who are identifi ed involving public order issues; as homeless are given the opportunity to • that the defendant was homeless, as address the underlying issues that cause defi ned by the criteria, at the time of their offending by being referred to health, commission of the offence or at the time accommodation and other related services through Extended Bail Programs and of the court appearance; Community Based Court Orders. • the defendant suffers from impaired decision-making capacity because The program’s objectives are: of mental health issues, intellectual • improve the delivery of services by the disability or brain neurological disorders Court to homeless people charged with such as schizophrenia. public space and other minor offences; • improve coordination of service The charges are those that can be dealt with responses to homeless people charged summarily (by right or election). with public space and other minor On the defendant’s fi rst appearance offences; and before the Court, an assessment process • enable more effective disposition of is undertaken by the Homeless Persons these matters, including a reduction in Court Liaison Offi cer (HPCLO), Mr Phillip the number of fi nes and in the risk of Macey whose position is funded from the imprisonment through the negotiation Homeless Persons Court Diversion Program. of such fi nes with the State Penalties This will often include assessment by other Enforcement Registry (SPER). government and non-government agencies, The viability of making a dedicated offi ce/ many of which now provide a representative interview room available to the HPCLO in the court. These agencies currently include at the Roma Street complex is still being Brisbane Youth Service, Sisters Inside, Mental assessed. Plans are in place to establish Health Outreach, and Biala Community a database to assist the HPCLO manage Health Service. participants within the program and to evaluate the project. This pilot project will conclude in December 2007.
76 Queensland Magistrates Courts Our courts
The assessment process may conclude on Participants who have been successful on the day of the fi rst appearance but, if further the list have included those who have taken time is required, the matter is adjourned to positive steps to address the circumstances allow time for on-going assessment. During which had brought them before the Court. the adjournment period, the HPCLO keeps Examples of steps taken by successful in touch with the defendant, their carers participants are: or family to ensure the assessment process • undertaking Drug and Alcohol proceeds speedily. Rehabilitation Programs; At the next mention of the matter, a • completing Self Assessment and Lifestyle more complete picture of the defendant’s Programs; circumstances is usually available to the • re-engaging with a Mental Health Court, along with professional assessments Service; as to their suitability for a course of • re-commencing medication; treatment or some other program which may • securing permanent accommodation; help address the causes of their offending behaviour. These options are considered by • obtaining employment or undertaking the Court in consultation with the prosecutor, skill training. the defendant and their representative. The outcome of this process generally results in a management program being adopted.
If the defendant was homeless, the HPCLO will have made attempts to locate emergency accommodation for them and to ensure they have adequate sustenance according to the defendant’s circumstances.
A longer case management approach may be adopted in some cases to enable a defendant to attempt a program and to stabilise their medication and lifestyle. Each case is unique and can be managed quite differently.
Where defendants are managed over several months, they are invited to return to the Court voluntarily, if and when a need arises, so that the court remains informed about developments concerning them.
These defendants are typically sentenced by way of a recognisance (often referred to as a Good Behaviour Bond), or condition they complete a program or participate in a service such as the Community Mental Health Service.
Annual Report 2005–2006 77 Magistrates Court technology The court’s use of videoconferencing technology for this purpose is permitted New technology now operating at under section 178C of the Justices Act 1886. Magistrates Courts in Queensland is making Specifi c Practice Directions have been issued justice more responsive while protecting for the appearance of detainees by the use victims and vulnerable witnesses. State-of- of this technology in the George Street the-art technology such as digital recording, Brisbane Magistrates Court, Roma Street online transcription, closed circuit television, Arrest Courts, Beenleigh, Ipswich, Southport, and videoconferencing all help deliver better Maryborough and Hervey Bay. (Practice justice services. Direction 3 and 4 of 2005)
Videoconferencing allows evidence to be During 2006–2007, the court will continue taken from witnesses in remote locations to work with the Department of Corrective (including interstate and overseas) without Services to increase the use of video links witnesses travelling to the courtroom at with Correctional Centres. considerable expense to the community. This facility has greatly improved the operation As indicated in the discussion of the of the Magistrates Court in regional areas. criminal jurisdiction, during the year the Once it becomes fully operational at all court Justices Act was amended to expand the centers, magistrates based in large regional use of video link to allow magistrates towns will be able to conduct callovers of to deal with bail or remand where the their circuit work through videoconference defendant (who is no longer limited to being contact with those attending the circuit court a detainee) is at another court. Further and, therefore, deal more immediately with amendments will be sought to extend the short, uncontested matters that arise in the use of video link to include a defendant who smaller centres between the magistrate’s is at a place other than a court. This will be circuit visits. of particular value in the Torres Strait.
The court’s videoconferencing facility has Closed circuit TV (CCTV) facilities enable also been linked with Correctional Centres. vulnerable witnesses to give evidence This allows prison detainees to be dealt with from the secure environment of protected remotely on certain matters without being witness rooms and provides courts with the conveyed to and from courts in prison vans. opportunity to playback video evidence on courtroom monitors. The locations where This is a signifi cant cost and time saving CCTV facilities have been installed are listed practice for the court and the community in Appendix 13. with reduced witness travel costs for both plaintiff/prosecution and defendants as well as enabling professional witnesses, such as doctors and scientifi c experts, to maintain their professional commitments instead of spending time in court witness rooms, waiting to give evidence.
This process has also increased public safety by reducing the number of prisoners being transported in prison vans and has enabled more police and corrections offi cers to return to their core duties.
78 Queensland Magistrates Courts Our courts
Wi-Fi Audio and video signals are recorded in digital quality by a computer and recordings Free broadband internet access, using are simultaneously stored on the courtroom wireless technology, is now available in over computer and on a central server. All 80 courtrooms throughout Queensland. recordings are handled as fi les on a secure Called Wi-Fi, this technology makes it network, so there are no more reel-to-reel possible for people to access the internet or cassette tapes to handle. Security and without having to be connected to a hard- reliability of recordings is guaranteed. wired computer. It is also faster and more Court reporters and transcribers access the reliable than using a mobile phone to audio and video recording online from connect to the internet. Importantly, this their personal computer (PC) at a remote service is provided free-of-charge to improve location. They can also view a recording as access to the law for all those appearing the proceeding is occurring. A foot-pedal before the court. connected to the PC helps the transcription If practitioners or people appearing before process by allowing the transcriber to the court have a wireless device, such as control the play-out of the recording. Digital a notebook computer or Personal Digital recording was fi rst installed in the Brisbane Assistant, they can access the internet or Magistrates Court and is to be installed in all send and receive messages. This service major court centres in Queensland. provides court users with the means to access online information, or their Digital archiving and searching organisation’s resources, during a hearing. Finalised transcripts are printed and distributed to the parties on payment of the Wireless internet access is available at the requisite fees. Transcripts are archived with Brisbane Magistrates Court in—Courtrooms the original audio and video recordings 4, 5, 18, 19, 20, 21, 25, 27, 28, 32, 33, which are digitally archived. Authorised 34, 36, 37, 38, 40, the public foyer and parties can search original recordings and Registry on the Ground Floor, and in transcripts using their computer. the public waiting lounge on Level 5. It is also available in some courtrooms in Brisbane Magistrates Court technology the courthouses at Southport, Beenleigh, Ipswich, Maroochydore, Rockhampton, The Brisbane Magistrates Court at George Mackay, Townsville and Cairns. Street is the best example of the technology that operates in some of our courts and that Digital recording in courtrooms involves will be made available to other courts in the four cameras and eight microphones. The near future. record of court proceedings is made under the authority of the presiding magistrate. Within the Brisbane Magistrates Court there One camera and two microphones capture are a total of 21 courtrooms equipped with the submissions from the bar table occupied technology. Digital recording operates in by legal practitioners and litigants, while the all of those courtrooms. Each court has an other cameras and microphones are directed additional microphone input at the witness at the presiding magistrate and the witness box to allow a language interpreter service box. to be provided to the court. Hearing- impaired facilities operate in all courts and are available on request.
Annual Report 2005–2006 79 Seven of the courtrooms are known as ‘full – A document camera is available technology courts’. Each court has: to enhance or display paper-based • high quality videoconference facilities evidence or small objects via the (see below); courtroom video monitors. • the ability to link with vulnerable witness • multi-screen displays that include large rooms located elsewhere in the building; plasma and integrated LCD displays; • electronic evidence display, including • integrated telephone conferencing that VCR, DVD, computer, document camera uses the in-court public address system and audio: and microphones; – Multiple input locations (bar table, • automated operation via a central witness box and bench) are available touchscreen control system run by the to plug in a computer that allows depositions clerk. legal practitioners to present evidence either stored on their computer or In each of the fi ve remaining courtrooms an on CD/DVD ROM. This allows the integrated telephone conferencing facility, LEGEND: evidence to be displayed on all which connects with the in-court public monitors within the court. address system and microphones, is available. M: Magistrate – A document camera is available There are also four protected witness rooms D: Defence to enhance or display paper-based that are linked by closed-circuit television to P: Prosecutor evidence or small objects via the courtrooms. DC: Depositions Clerk courtroom video monitors. W: Witness Appendix 13 lists the courts in Queensland – Multi-screen displays that include 1. Individual monitor large plasma and integrated LCD with videoconferencing, CCTV, vulnerable display with local displays are available. witness rooms, Wi-Fi and digital recording as computer connection at 30 June 2006. An indication of the general and 240v power point • integrated telephone conferencing that layout of the technology in the courtroom is 2. Video cameras uses the in-court public address system depicted in this sketch. and microphones; 3. Microphones • automated operation via a central touchscreen control system run by the depositions clerk; • fi ve dedicated video cameras. Nine of the courtrooms are referred to as ‘basic technology courts’. Each has: • electronic evidence display, including VCR, DVD, computer, document camera and audio. – Multiple input locations (bar table, witness box and bench) are available to plug in a computer that allows Courtroom witnesses to present evidence either Front entrance to entrance Front stored on their computer or on CD/ DVD ROM. This allows the evidence to be displayed on all video monitors
within the court. Legal practitioners Gallery Gallery are also able to display material from their computers. Screens are built into the bar table and can be lowered out In court Video Conferencing AMX Panel Dock of sight, if not needed, to allow more large screen (DVD/Video evidence displays to all room on the bar table. court monitors)
80 Queensland Magistrates Courts Our courts
IT developments for the magistracy IT training Within weeks of commencing, Mr Larsen Laptop computers had the opportunity to conduct one-on- This year saw the continued implementation one training sessions on the laptop facility of the program to equip each magistrate with and its applications with many of the 76 a laptop computer for use in the courtroom, magistrates who were in Brisbane to attend on circuits, at conferences and at home to our three-day Annual State Conference. access cases and legislation, court forms, and other legal research material. In the fi rst half A high priority is to develop training of the year, all magistrates were provided sessions for magistrates to optimise the with a laptop computer, a docking station, use of laptops, remote access tokens, fl at screen monitor and associated hardware. Microsoft Word and Excel, the use of DVDs Once engaged in the docking station on the magistrate’s desk, the laptop is used in and CDs produced as evidence, and the chambers as a desktop computer and, when synchronisation of ‘off-line’ fi les when released from the docking station, can be going on circuit. Mr Larsen will also produce taken on circuit where they can be ‘redocked’ a schedule of equipment required for centres to the court system or used remotely with where magistrates visit on circuit that are secure identity tokens. On each occasion currently not online. the computer is closed down, all fi les are synchronised with the main server and fi les Sentencing database and emails are automatically updated when All Queensland courts are developing a the computer is re-engaged. comprehensive sentencing database known as QSIS (Queensland Sentencing Information Operational support Service). It uses software created by the In May this year, a Computer Systems New South Wales Judicial Commission. Offi cer (CSO) was appointed to assist the The Queensland Chief Justice has described magistracy throughout Queensland. The this as the most signifi cant development in purpose of this position is to provide recent years in streamlining our processes operational maintenance and support in the criminal justice system to achieve to all desktop information technology the object of increased consistency and and telecommunications services and predictability in this important area. Deputy facilities for magistrates. This is a welcome Chief Magistrate Hine is a member of the appointment, as previously all problems and Sentencing Database Steering Committee for enquiries were dealt with by the JAG IT ‘Help this important project. Desk’. The benefi t of the appointment is that magistrates are able to speak to one person With the assistance of our court’s regarding their requirements. Consequently, Information Technology Committee, we will the CSO will develop an intimate knowledge continue to undertake initiatives to equip a of the services and equipment used, the modern magistracy with the most up-to-date unique problems associated with travelling technology we can afford within our budget to remote centres on circuit, as well as future allocation. This will include an upgrade of requirements of the magistracy. Services our current technology and an emphasis on provided include support for personal training to maximise the computer capability computers, printers, photocopiers, facsimile of our court. machines and multifunction digital devices.
Mr Russell Larsen, who is presently acting in this position, gained extensive IT experience in the Australian Army, at CITEC and at JAG before his secondment to the Court.
Annual Report 2005–2006 81 Judicial Education and This year, six magistrates undertook the Professional Development orientation program before taking up duty at their regional centre. The program is Orientation Program regularly reviewed by Magistrate Herlihy, in consultation with the Chief Magistrate The Queensland Magistrates Court has and Deputy Chief Magistrate. Next year, developed a one-week orientation program, a short follow-up program will be held conducted at the Brisbane Magistrates within six months of appointment to Court, to help newly appointed magistrates develop the magistrate’s knowledge of court make a smooth transition to the bench. management and courtroom practices, as The course coordinator, Magistrate Herlihy, well as address matters that have arisen oversees a series of in-court and out-of- during the magistrate’s experience on the court sessions involving the full range of the bench. Court’s jurisdictions and the various Acts that Magistrates deal with on a daily basis, particularly the Justices Act 1886 and the Court Bench Book Penalties and Sentences Act 1992. In February 1993, the then Chief Stipendiary Magistrate, Mr S J Deer, introduced a Bench In the course of the orientation week, Book to support Queensland magistrates in the new magistrate is given ‘hands-on’ their role on the bench. In the preface to experience, in the presence of a mentoring that fi rst publication, the Chief Stipendiary magistrate, at the busy Arrest Court and Magistrate stated: Traffi c Court at the Roma Street complex, the Brisbane Childrens Court in Quay Street, and the Brisbane Magistrates Court The Bench Book is a live complex in George Street. The magistrate publication. New sections is given the opportunity to observe and will be added as deemed preside over court matters such as criminal necessary and amendments callovers and case allocations as well as will be made on a regular hearings involving domestic violence, small basis. This publication claims, licencing, and industrial matters. The orientation program also includes an is not intended to be an introduction session on coronial work with encyclopedia on case law or the State Coroner. statute law but rather a ready reference guide. To ensure the new magistrate can readily access information, legal research and Since its inception, the Magistrates Court other forms of technology available to the Bench Book has developed into a source court, sessions are conducted to introduce of ready reference on a wide range of the magistrates’ intranet portal facilities, jurisdictions and topics involving the court. Microsoft Word and Outlook, legal It has been a particularly helpful document research and online library access, and the for new magistrates as its contents are Queensland Sentencing Information Service. the distillation of magistrates’ experience Other orientation sessions are on judicial that are offered as suggestions on issues ethics, court behaviour, court administration and questions that a magistrate may have and court fi le management, as well as Bench in their daily work. It is still very much a Book referencing and an overview of the living document and its contents can be duties of the depositions clerks who assist now accessed electronically through the magistrates inside and outside court. Magistrates’ Intranet Portal.
82 Queensland Magistrates Courts Our courts
As in previous times, the Bench Book is • develop skills relevant to judicial offi ce, regularly reviewed and updated through the such as case management and judgement work of a committee of magistrates. This writing; year, the Bench Book Committee has been • broaden their understanding of the undertaking a review of the whole of the extent and consequences of diversity in existing book and adding new sections on our society and assist them in acquiring topics such as judgement writing, chamber skills to deal with that diversity; applications, drug court, imprisonment, • participate in educational programs that good behaviour bonds, and Industrial Court will help them maintain physical and matters including workers’ compensation. mental health while exercising judicial A number of magistrates, from inside and offi ce. outside the committee, have agreed to work on these topics and complete a draft of the Appendix 8 indicates the professional revised book by the end of October 2006. development opportunities extended to members of our magistracy this past year. Once the content of the document is At least 40 magistrates had the opportunity updated, we will hyperlink all these case, to attend at least one conference other statutory and other references to legal than our own Annual State Conference. reference search engines currently available Many Queensland magistrates presented on the magistracy’s intranet portal. papers and/or participated in conference presentations at some of these conferences. Because of the breadth of jurisdiction of the Queensland Magistrates Court, as the In November 2005, the Brisbane Magistrates list of legislation most commonly used by Court hosted a National Judicial College of magistrates highlights in Appendix 11, the Australia’s Travelling Judicial Professional Bench Book remains a valuable guide to Development Program. The conference the necessary framework of the numerous material was presented by experienced matters that must be covered in each judicial offi cers from other Australian jurisdiction; this, in turn, promotes the jurisdictions and 13 of our magistrates interests of justice through greater effi ciency participated in a two-day program. The and consistency. subject matter included sentencing, court craft, and expert evidence. Each session Conferences featured discussion and problem solving The court has continued to assist its by participants, with little formal lecture magistrates by offering them opportunities content. This gave our magistrates an to attend legal conferences and professional opportunity to revisit key areas of their development programs specifi cally designed work while benefi ting from exchanges for judicial offi cers. These opportunities with judicial offi cers from other Australian allow magistrates to: jurisdictions. • learn from the experience of others In February 2006, the court was also so they can identify and adopt best pleased to have 14 Queensland magistrates professional practices; attend a national conference that focused • broaden and enhance their legal on Sentencing. The conference was held education as the law develops; at the Australian National University at • broaden their understanding of the Canberra and was jointly sponsored by the processes and consequences of changes National Judicial College of Australia and in society; the Australian National University College of Law.
Annual Report 2005–2006 83 The presentations were conducted by The conference gave our magistrates new eminent judicial offi cers and academics from insights and a depth of knowledge that will around Australia and covered topics such as: greatly help them in their daily function as • perspectives on the sentencing process judicial offi cers. All who attended found this Canberra experience a most worthwhile • the impact of sentencing exercise in professional development. • sentencing discretion and guideline judgments Queensland Magistrates’ Annual • responding to community sentiment and State Conference the media Our 2006 Annual State Conference, held in • restorative justice Brisbane from Sunday 28 May to Wednesday • therapeutic jurisprudence 31 May, was attended by 76 Queensland • victims of crime magistrates. Visitors to the conference • vulnerable people and sentencing included Chief Magistrate Numapo and Senior Magistrate Inkung from Port Moresby • sentencing of particular offences, such as (PNG), Magistrate Dixon from Hobart (Tas) child sexual assault, corporate offenders, and Magistrate Lawrence from Rockingham and drug offenders (WA). • current research in sentencing.
Attorney-General and Minister for Justice Linda Lavarch opened the Queensland Magistrates Court’s State Conference and Her Excellency, Ms Quentin Bryce AC, Governor of Queensland delivered the keynote address. (back l–r) Chief Magistrate Judge Irwin (Queensland) Chief Magistrate Numapo (Papua New Guinea) and Deputy Chief Magistrate Hine; (front l–r) Magistrate O’Shea (Chairperson Conference Committee), Her Excellency Ms Bryce AC and Ms Lavarch MP.
84 Queensland Magistrates Courts Our courts
A new format had the conference dealt with matters very relevant to our role commencing on Sunday afternoon (instead as judicial offi cers and were practical in their of the Monday morning) for the delivery of approach to the subject. Apart from these the Chief Magistrate’s welcome and address. presentations, speakers were drawn from the Supreme Court, District Court, Family Court, We were privileged to have the Attorney- Queensland Bar Association, Government General, the Honourable Linda Lavarch, agencies, and magistrates from our own open the Conference and the keynote address court and from other states. was delivered by Her Excellency, Ms Quentin Bryce AC, Governor of Queensland. The Governor acknowledged the life problems Judicial awareness seminars magistrates confront in the courts on a Whenever possible, short seminars are daily basis, witnessing the extensive social conducted at the larger court centres such problems faced by those who appear in as Brisbane, Townsville and Cairns to keep court; she remarked that our skills in doing magistrates informed of developments so seemed to increase as the demands on in legislation as well as the availability magistrates became greater. of government and private rehabilitative programs which may be accessed in their Other outstanding presentations included sentencing role. The seminars are usually Professor Brett McDermott, Mater Child and for one hour and are held during a lunch Youth Mental Health Service, on ‘Evidence period or outside court hours. In Table 10 are from Children’; Professor Neil Brewer from examples of the types of seminars conducted Flinders University, South Australia on at the Brisbane Magistrates Court during this ‘Eyewitness and Identifi cation Evidence’; reporting year. and His Honour Judge Philip Nase from the District Court of Queensland on ‘Dealing with Contempt of Court’. These papers all
Table 10: Judicial Awareness Program—Brisbane Magistrates Court
Wednesday 14 September 2005 Lunchtime Seminar (1hr) Problem Gambling Information, Mr Neil Watt Offender Programs and Services Department of Corrective Services Wednesday 18 January 2006 Lunchtime Seminar (1hr) The Role the Community Forensic Mental Health Services play in the Criminal Justice System Ms Ness McVie, Clinical Manager Queensland Community Forensic Mental Health Service Wednesday 22 February 2006 Lunchtime Seminar (1hr) Sentencing Orders—Legislative Amendments and New Programs Department of Corrective Services Wednesday 15 March 2006 Lunchtime Seminar (1hr) The Role of the Offi ce of Adult Guardian in Queensland Ms Paul Scully, Adult Guardian, Queensland Thursday 11 May 2006 Afternoon Seminar (3hr) Public Space Law in the 21st century, Dr Tamara Walsh, TC Bernie School of Law, University of Queensland Tuesday 13 June 2006 Lunchtime Seminar (1hr) Developments in the Drug Treatment Courts in California USA 1998–2006 Judge Peggy Hora, Superior Court, Alameda County, California USA
Annual Report 2005–2006 85 Community information and Professional legal education legal education To give law students an opportunity to practise their skills, knowledge and values in Our Court recognises the importance of the context of the work they will encounter demystifying the court system for the in the workplace, Magistrates Courts, community, providing school students with particularly in larger centres adjacent to an insight into how the courts operate, as universities, are often the venue for mock or well as contributing to the professional legal education and training of those people ‘moot courts’ and work experience programs. seeking admission to the legal profession and This year, Brisbane magistrates presided others in the judicial system, such as police over three-hourly sessions of moot courts recruits. Therefore, we took the opportunity again this year to contribute to the involving law graduates participating in the community through these various activities. Bar Practice Course. This course is run by the Bar Practice Centre and is the platform School visits from which law graduates are prepared for admission as barristers. The moot trials are Most court centres throughout Queensland based on criminal and civil problems and host visits from groups of children and engage the graduates in practical advocacy their teachers from primary and secondary skills. Magistrates who actively participated schools and colleges so the students gain in the conduct of the Bar Practice Course are: an insight into our justice system and the operation of the courts. An example of these • Chief Magistrate, Judge Irwin visits is one that occurred at the Brisbane • Magistrate Cassidy Magistrates Court in November 2005, when • Magistrate Ehrich Magistrate Rinaudo, who was presiding in • Magistrate Nunan the Brisbane Coroners Court at the time, hosted a visit of 30 students from the Eagle • Magistrate Parker Junction Primary School. In the course of • Magistrate Sarra the visit, the children were given a half- • Magistrate Smith (WJ) hour talk by Magistrate Rinaudo on the law and the role of the courts. He talked about • Magistrate Thacker the responsibility of Parliament to make Planning has been underway to involve laws, the role and functions of the courts under the law, and the Magistrates Court’s Cairns magistrates in a series of moot place in the court system. He explained competitions in which law students from the how the court works, its jurisdictions, and Cairns Campus of James Cook University’s the role of the magistrate and the various Law Faculty will participate. participants—prosecution (Police and ODPP), defence, accused and witnesses—including This year, the Queensland University of oaths and affi rmations—and the different Technology (QUT) invited our involvement roles within the legal profession, such as in a Legal Internship Program for fi nal year barristers and solicitors. Some students were law students. Two students were assigned given an opportunity to fi ll these various to attend the chambers of two Brisbane roles to heighten their understanding magistrates, one day each week over a of them. This led to an opportunity for full semester, to use their legal knowledge Magistrate Rinaudo to fi eld questions from in practical activities assigned by the the group. Afterwards, the school group were magistrates, and to observe the law in accompanied to other courtrooms where action. At the completion of the program, they were able to observe a court in-session the interns were assessed by the magistrates. and see fi rst hand a functioning court. Very During their semester with the court, both positive feedback was received from the interns were involved with legal research in teachers and parents who attended. the updating of the Court Bench Book.
86 Queensland Magistrates Courts Our courts
This Legal Internship education initiative This year, WATL’s Work Experience Program proved to be a most rewarding exercise for involved placement of students with the court and the students as it entailed magistrates in Brisbane and Southport where a suffi cient period of contact to allow they ‘shadowed’ magistrates in their daily meaningful projects to be undertaken. There tasks and undertook legal research and is an article on the internship from QUT law library maintenance tasks for the magistrate. student, Michael Grosser, at page 160. The work experience program extends over several weeks; it not only provides the The court has maintained its links with the students with fi rst-hand insight into the Women and the Law Society (WATL) which practical application of the law, but also is a student-focused association of female provides an important link in the network and male law and non-law students and between law students and members of the professionals which operates within the legal profession. TC Beirne School of Law at Queensland University. One of the Society’s objectives is In addition to these legal education activities, to increase awareness of social implications Magistrates Dean and Smith (WJ) addressed of laws and policies and to ensure that legal recruits at the Queensland Police Academy education is situated within a social context. about the court system as part of the Police Recruits, Occupational Vocational Education (PROVE) program.
Deputy Chief Magistrate presiding in a Mock Court at Law Week Open Day, Brisbane Magistrates Court.
Annual Report 2005–2006 87 Law Week Community and legal contributions For the fi rst time, the Brisbane Magistrates The extent of involvement by members Court hosted a Law Week Open Day of the Queensland Magistracy in sharing on Sunday 21 May 2006 to provide an their legal knowledge and experience with opportunity for the general public to learn members of the community is outlined in how the law affects their day-to-day lives, to each of the reports from the six regions. conduct guided tours of the building and to hold mock courts to demystify the operations Another source of contribution is through of the court, and to answer questions about on-going involvement with community, careers in the law. education, and law organisations, as well as committees and associations involved On the ground fl oor of the building were with the practical development of the law. a series of booths with staff from 19 Magistrates’ participation in these bodies is government and non-government legal outlined in Appendix 9. agencies providing information on legal issues and careers in the law. Guided tours of the building were conducted throughout the day. These very popular tours took in the major courtrooms and included a demonstration of videoconferencing technology. Over 400 people attended the Open Day and, for many of the visitors, it was their fi rst experience of being inside a courtroom.
One of the most popular activities of the day were mock court sittings where members of the public observed fairytale characters, such as Goldilocks and Jack (of the beanstalk fame), being charged and tried for their fairytale ‘crimes’. Judge Irwin, Chief Magistrate of Queensland, and Deputy Chief Magistrate Hine presided over the trials, with students from the QUT Faculty of Law participating in the various courtroom roles.
The efforts of the many volunteers who gave up their Sunday to help make the Open Day such a success was very much appreciated by the court and the public.
88 Queensland Magistrates Courts Our courts
The RSMs have connected with stakeholders and the general community at an unprecedented level. Combined, they have travelled more than 120 000 kilometres in six months visiting their registries and attending community forums such as Community Cabinet Meetings, Ministerial Regional Community Forums, Regional Managers Coordination Network meetings, and numerous other community meetings. Signifi cant networks of invaluable contacts have been developed throughout the state that will continue to benefi t the Magistrates Courts Branch.
In the course of the reporting year, the Regional Services Managers were: • Rob White former Registrar at Atherton who was appointed to Far North Acting Court Administrator Rob White Queensland • Michael Bice former Registrar of the Offi ce of the State Coroner appointed to From the desk of the North Queensland Acting Court Administrator • Dennis Beutel, former Registrar at Roma appointed to Central Queensland by Rob White` • Len Radnedge, former Registrar at Signifi cant accomplishments have been Gladstone appointed to South-West made over the past 12 months in the Queensland Magistrates Courts Branch. The major • Stephanie Attard Principal Executive administrative achievement has occurred Offi cer Regional Services, Corporate with the introduction of the Regional Solutions appointed to the Sunshine Services Managers (RSMs). Six RSMs were Coast selected and appointed for six regions • Julie Steel, Manager, Community throughout the State and are based at Cairns, Operations, Department of Corrective Townsville, Rockhampton, Maroochydore, Services appointed to South-East Toowoomba and Brisbane to lead the change Queensland. processes in each region and to develop an improved service culture within the Training Magistrates Court Branch. This is being achieved through ongoing consultation, A marked commitment to training and effective communication and by offering development has seen offi cers from every positive mentoring to our Registrars and registry attend some form of training. their staff. Importance has been placed Leadership and personal development on improving registry performance by workshops have complemented process and sharing best practice processes to ensure systems training. In addition, a number of a professional commitment to support the induction training programs have ensured courts and judiciary. that new starters receive an optimum level of information about life in the Magistrates Courts.
Annual Report 2005–2006 89 Regional visits The Special Circumstances Court sits each Thursday in Court 3 at the Arrest Courts. Regular regional visits by the Court Both programs will enable magistrates to Administrator, often accompanied by the refer these offenders to accommodation, Director-General or the Deputy Director- health, counselling and other services that General or other senior departmental might help them avoid further contact with offi cers, have enabled them to meet the justice system. informally with staff to discuss current issues and needs in all our regions. The programs also aim to address the underlying causes of any offending to reduce Business Plan 2005–2006 the presence of homeless people in the court The Magistrates Courts Business Plan for system. 2005–2006 had a distinct focus on client service and support for the judiciary. Queensland Magistrates Early Referral into Particular attention has been made to Treatment (QMERIT) Pilot Program support vulnerable people using our courts. On 31 January 2005, Queensland Health and Reviews of policies and procedures have the Commonwealth Department of Health and ensured the Magistrates Courts Branch Ageing fi nalised a new Deed of Agreement continues to provide the standard of for the Queensland Illicit Drug Diversion service expected by all stakeholders and, in Initiative (QIDDI). The new agreement will be particular, the judiciary. supported by Commonwealth Funding, until 30 June 2008, for established programs being Signifi cant Events during 2005 Court Diversion and Police Diversion, as well –2006 as suffi cient funding to trial the new QMERIT pilot program. The Homeless Persons Court Diversion Program (HPCDP) Under the Deed of Agreement, Queensland The Homeless Persons Court Diversion Pilot Health and JAG assume joint lead-agency Program began in the Roma Street Arrest responsibility for the administration Courts in Brisbane on 2 May 2006. and oversight of QMERIT. The program commenced at the pilot locations of The program has two strands. The fi rst seeks Maroochydore and Redcliffe on 1 August to divert homeless people from the criminal 2006. justice system and deals mostly with low level offenders who come before the courts The QMERIT Program targets defendants at on a daily basis for matters including public an early stage in the criminal justice process nuisance, being drunk in a public place, and encourages individuals charged with failure to comply with a police direction and drug-related offences to undergo treatment wilful damage. for their illicit drug use problems while they are on bail. This form of pre-plea diversion The second strand of the program, the program is an alternative to imposing Special Circumstances List, expands on this treatment as a condition of sentence, such approach by identifying homeless people as occurs in the Drug Court Program, and with impaired decision-making capacity targets those defendants who are willing to —as a result of mental health problems, assume responsibility for their drug-related intellectual disability or brain neurological offending behaviour as early as possible in disorders—who would benefi t from the same the court process. magistrate supervising their case throughout the process.
90 Queensland Magistrates Courts Our courts
Major Magistrates Courts initiatives Illicit Drugs Diversion Program during 2005–2006 The Court Diversion Program began in the Brisbane Magistrates Court District Drug Court on 28 March 2003. This program is made The independent evaluation of the North available to adults and juveniles charged Queensland Drug Court pilot program with minor drug offences who are offered was published by the Australian Institute counselling to address their offending rather of Criminology in September 2005. The than the traditional penalty of a fi ne. It successful outcomes of the South-East went statewide on 1 July 2005 as a result Queensland and North Queensland pilots of of the positive evaluation conducted by the Drug Court resulted in the government’s Health Outcomes International Pty Ltd in decision to make the programs permanent. September 2004. The program has received The legislation was revised to consolidate further Commonwealth Health Department the successful aspects of the pilot and to funding until June 2008. At 30 June 2006, bring both pilot programs under the same 5792 offenders have been diverted, of which legislation; regulation then followed. This 203 were juveniles. The program continues resulted in the Drug Court Act 2000 being to maintain a very high compliance rate at passed on 15 March 2006 and proclaimed approximately 92%. on 3 July 2006 with the revised Drug Court Regulations 2006 being promulgated. Integrated Justice Information Strategy (IJIS) In March 2006, the Drug Court The IJIS project is a whole-of-government commissioned the production of two initiative that uses technology to streamline promotional videos to inform participants information sharing between criminal justice and interested organisations on how the agencies and to increase collaboration Drug Court operates and to be shown in within the criminal justice system. court waiting rooms to inform the public The fi rst component of this project to of the program and attract interested enable electronic transfer of bench charge participants. sheets from QPS to JAG was completed The Drug Court sponsored a conference on in June 2005. The next component of Court Drug Diversion Initiatives on 25 and this project has progressed to the point of 26 May 2006. The conference addressed business requirements being drafted. This the need to integrate court drug diversion functionality will include notifying the initiatives and to identify trends in this area. Departments of Corrections, Communities, Over 170 registrations were received from and Child Safety respectively when people of each Australian state and several overseas interest to them have been charged with an countries. offence.
On 30 June 2006, the Queensland-wide Electronic Court Lists for criminal justice program recorded its 188th graduate, with agencies went ‘live’ on 26 June 2006 37 graduations occurring during the year. and has progressively been rolled out to These graduates represented the diversion approximately 500 users in QPS, Corrections of sentences totalling over 250 years of and Communities. As a result, the need potential jail time into community based to produce manual court lists has been treatment options to address the causes of discontinued and led to administrative crime. savings for court registry staff.
Annual Report 2005–2006 91 The current processes within the courts • Enhancements to Court List Query —aims and across JAG, QPS, Corrections and to extend access to the Court List Query Communities for court results have been and to expand the search parameters and captured in a current state baseline. returned data through Court List Query. Redesign of business processes has • Restitution—aims to end the practice of commenced on the fi ve top priority restitution/compensation being ordered improvement areas. Additionally, the as a special condition of a Community business requirements from the Court Based Order, which will ensure JAG is Results initiative for input to the always responsible for the management Queensland Police Records Information of these types of orders through SPER. Management Exchange (QPRIME) project were delivered to QPS in March and the Civil Listing and Information Management business requirements from the Court System (CLAIMS) Results initiative for input to the ODPP Case The Civil Listing and Information Management system were fi nalised in June. Management System (CLAIMS) has been connected to an additional 58 locations Funding has been allocated to advance six in Queensland. The CLAIMS application new projects over a two-year period. These is now used in 77 Magistrates Courts and projects are: Queensland Government Agency Program • Agency Connectivity for Corrections (QGAP) offi ces across the state. The extended and Communities—aims to facilitate coverage of the CLAIMS application information exchange between these improves access to courts by solicitors, local agencies. governments, and other authorised agencies • Single Offender Identifi er—aims to by allowing electronic lodgement of claims identify unique persons who are and judgments. offenders and assign a unique identifi er. It will also provide a link between the Courthouse Security offender and all records of the offender Additional security offi cers and the in records of various criminal justice installation of Magnetometer machines system agencies. at the courthouses at Beenleigh, Cairns, • Reference Data Management—aims Maroochydore, Richlands, Ipswich, to establish the business processes Rockhampton, Mackay, Toowoomba and and technical infrastructure required Mount Isa increases ongoing commitment to support the ongoing creation and to the safety and protection of all occupants maintenance of reference data for future and users. This is in addition to security IJIS initiatives. offi cers who were employed at a further 16 • Single View Query—aims to share data courthouses to cover busier times, including across criminal justice system agencies domestic violence and Childrens Court to build a single view of an offender for callovers. authorised users. It also aims to provide The need for any further security at a generic facility to interrogate cross- courthouses will be monitored. agency information and provide a single consolidated read-only view for an offender, court case, criminal incident or document.
92 Queensland Magistrates Courts Our courts
Court technology Construction and upgrades of Magistrates Court buildings Wi-Fi Service Launched on Wednesday 24 May 2006, the Caloundra Courthouse Courts Wi-Fi Service is an important new Caloundra’s new $6m state-of-the-art initiative of JAG that provides broadband courthouse was offi cially opened on wireless internet access in many courtrooms 16 August 2005, by the Honourable across the state. Attorney-General and Minister for Justice, Linda Lavarch, the Member for Caloundra, The Courts Wi-Fi service is designed to be Mark McArdle MP, Member for Glasshouse, used by all court users, including solicitors, Carolyn Male MP, Chief Justice Paul de barristers and departmental staff whilst Jersey AC, Chief Magistrate Judge Marshall they are in court. The broadband internet Irwin, and Acting Director-General of JAG, service will allow legal representatives to Jim McGowan. stay in contact with their colleagues using such tools as e-mail and Instant Messaging. Nurdon Sirico of the Gubbi Gubbi people The service will also allow practitioners to gave the ‘welcome to country’ on behalf of browse the internet and connect to their the traditional owners, drawing a parallel offi ce systems where they have remote between the new courthouse and the access systems in place. ‘courthouses’ that were spread throughout the Caloundra region for thousands of years Wi-Fi is the fi rst of its kind in Australia in the form of Bora Rings. and is provided free-of-charge within courtroom environments. Wi-Fi has now The new building has many features been established in more than 87 courtrooms including two magistrates courts, holding located at Cairns, Townsville, Mackay, facilities, a registry offi ce, a vulnerable Rockhampton, Maroochydore, Brisbane, witness room, CCTV and video conferencing. Beenleigh, Southport and Ipswich. CCTV facilities will allow child witnesses and sexual assault victims to give evidence Videoconferencing from within the court complex, but away On 23 September 2005, the Crown from the courtroom. Prosecution Service in London were able The courthouse won the Local Content to interview a witness at Hervey Bay using Award over eight other nominations for videoconferencing equipment installed at major government projects in 2004–2005. the Hervey Bay court during an upgrade The award is an initiative of the Department completed in the previous reporting year. of State Development, Trade and Innovation to encourage contractors to use local subcontractors and suppliers.
A second award has been received for the 2005–2006 Sunshine Coast Master Builders Award for public buildings costing between $2m and $10m in the Sunshine Coast region. The project is now being judged along with the selected public buildings from other State regions for the State award.
Annual Report 2005–2006 93 Bowen Courthouse Northern Districts Courthouse The upgrade to the heritage-listed Bowen Funding for the new Northern Districts Courthouse commenced in November 2005 courthouse, now known as the Pine Rivers and will be completed later in 2006. courthouse, was approved in the previous reporting period. Contract documentation Once completed, Bowen will have a new for the construction is nearing completion courtroom, improved facilities for jurors, and tenders will be called in late 2006. and larger and more comfortable interview Construction is anticipated to be completed rooms. The front arcade area will be late 2007. enclosed by glass and air-conditioned, to provide a more comfortable public waiting Features of the courthouse will include: area. A lift has recently been installed and • two Magistrates Court courtrooms and improved access has been provided for chambers people with a disability. • registry offi ces The refurbishment will include CCTV • interview rooms facilities to enable child witnesses and • CCTV facilities sexual assault victims to give evidence from • facilities to enable child witnesses and a separate room within the court precinct. vulnerable witnesses to give evidence in a private and secure environment. Ipswich Courthouse The winning design for the new Ipswich Sandgate Courthouse courthouse has been announced by the Tenders for the appointment of a building Attorney-General and Minister for Justice. contractor have closed and construction is The fi ve-storey L-shaped design includes a expected to commence in October 2006 with civic square and design features in keeping completion in late 2007. with Ipswich’s unique cultural heritage. In The new Sandgate Courthouse will feature: contrast to the traditionally imposing and enclosed courthouses of the past, the new • magistrates’ courtroom and chamber courthouse will incorporate verandahs and • mediation room public spaces to enhance the feeling of • registry offi ces accessibility. • interview rooms Features of the courthouse will include: • accommodation for court support groups • eight Magistrates Court courtrooms • CCTV facilities. • three District Court courtrooms • large public waiting areas overlooking the courtyard and further to the large fi g trees in the TAFE grounds • videoconferencing facilities • CCTV facilities • a police watch house.
It is anticipated that construction will be completed by late 2008.
94 Queensland Magistrates Courts Our courts
Signifi cant events and initiatives They will also provide support for the planned for 2006–2007 fi nancial reporting requirements of the groups and work with the group Specialist Courts Program coordinators to access funding for other A Specialist Courts Program will be programs that the Community Justice established to manage the growing number of Groups wish to implement in their diversion programs. This new program will be communities. responsible for coordinating and developing diversionary initiatives, including: Continual Process Improvement Program • Illicit Drug Diversion Program (CPIP) Commencing in late 2006, the Magistrates • Drug Courts in North and South-East Court will begin a process to review its Queensland procedures. CPIP aims to deliver uniformity, • QMERIT Pilot Program consistency and simplicity of processes in • Murri Courts courts. The program has the potential to • Homelessness Persons Court Diversion revolutionise the way in which the courts do Program business by updating business processes. • Indigenous Community Justice Groups. The CPIP objectives are to: These initiatives aim to introduce • achieve uniformity, consistency and diversionary options for defendants with the simplicity in processes; intention of reducing the incidence of • analyse entrenched business processes, re-offending. identify the desired outcome and, where necessary, either remove processes all Indigenous Community Justice Groups together or re-engineer them to achieve Administrative responsibility for Community the desired outcomes more effectively; Justice Groups was transferred from the • document business requirements and Department of Aboriginal and Torres Strait prepare functional specifi cations to Islander Policy (DATSIP) to JAG on 1 July support future automation; 2006. • enhance current software applications to better support current and re-engineered Community Justice Groups play an important practices; role in the implementation of a range of initiatives to address the issue of Indigenous • develop best practice in customer service over-representation in the criminal justice standards; system. They support Indigenous victims • improve collation of workload statistics and offenders at all stages of the legal and preparation of key performance process, encourage diversionary processes, indicators; and develop networks with other agencies • implement training, effective to ensure that issues affecting Indigenous performance measurement, and career communities are addressed. development opportunities for staff; and During 2006–2007, JAG will provide training • introduce a high quality, consistent style and support to Community Justice Groups of communication in all publications, to enable them to deliver their services. correspondence, brochures, web sites and Offi cers from the department will focus on other externally delivered material. the training needs of the groups and their members, particularly on court and justice processes.
Annual Report 2005–2006 95 Dirranbandi (Police Station)
Caloundra
Thursday Island
Chinchilla Boulia (Police Station)
Brisbane
Pormpuraaw (Community Justice Centre)
Pomona
...places for holding local courts emote ts of circuits in r ch One of the benefi eresting places whi cult to access. areas is visiting int iffi would otherwise be d
At the conclusion of a court day in Bamaga, a visit to ‘Theistible. Tip’ of Australia was irres
John Lock Magistrate Brisbane
as the venue Courthouse w r eel drive ove members of the Australian Geographicd on e On Saturday 28ty August welcome 2005, to r twothe Romaweeks by four-wh for a communiad travelled fo etched a unique, despite plac a jury Society who h blazed by Harryarry ‘Captain Redford Starlight’ Redfor more the same trail attle drive. H when, in 1873 at Roma seems the jury wasattle his infamous c the contrary, he was acquitteddriving theby c lanch evidence to in Queensland’s legal history000 head of cattle.bushcraft It in overwhelming the solid for the theft of over 1 gle animal than essed in tres from ‘Bowen Downs’ near Aramac to ‘B impressed by Redford’s daring and trial. Local actors,the dr entrance to over 1200 kilome ditioners at re they were greeted Water’ near Adelaide,red by the without Crown met losingat thethe expea sin Bruce thouse whe plaque evidence offe Mayor of Roma, unveiling of a owed costume and onled horseback, them to theLavarch, cour the the town and General Linda ommunity for Romathe hospitality fl by Attorney- Harry Redford. Garvie andrating members the taleof the of cy all. al Region commemo nager, Centr and a great time was hadal Servicesb Ma Dennis Beutel, Region Participating in themmer Queen’s day Batonin Cairns— Relay es baton weighed on a hot sultry su the Commonwealth Gam 1.5kg and my allocated distance was 400, I metres. I knew that I would have to start some serious training—unfortunatelybility to carry a small, I concentrated on the a weight and not on my herunning! privilege. However made it and enjoyed t
Tom Braes Magistrate Mareeba
al Courthouse Cuppa courthouse on Gener At Goondiwindi volunteers from a local
Callover day, threevide free refreshments church group pro nts, some of whom mayourt… have to court clie e to attend c travelled some distanc
Andy Cridlandarwick Magistrate W
Tide and time waits for no man……
This is the Horn Island commuter bus about to attempt the vehicular ramp from the Horn Island Jetty to the shore. The walkway on the right leads to the Thursday Island ferry mooring. The magistrate, court personnel, and commercial passengers access Thursday Island by catching a commercial fl ight from Cairns to Horn Island Airport. The bus collects passengers from the airport terminal and conveys them to the jetty to await the arrival of the incoming ferry. People disembarking from the ferry are then conveyed back to the airport to catch the outgoing fl ight. Delay in ferry arrivals and high tides can sometimes cause anxiety to creep into the normal North Queensland optimism.
Trevor Black, Magistrates Cairns 100 Queensland Magistrates Courts