Magistrates Court of Queensland Annual Report 2009–2010 Magistrates CourtMagistrates of Queensland Annual Report 2009–2010 Queensland Magistrates Court 363 George Street, Brisbane QLD 4000 GPO Box 1649, Brisbane, QLD 4001 PH 61 7 3247 4565 FX 61 7 3220 0088 Front Cover: www.courts.qld.gov.au Ipswich Courthouse and Coordinating Magistrate Donna MacCallum Acknowledgements Paul Marschke (Executive Director) Magistrates Court staff: Bernard Harvey, Claire Slater, Mark Crabtree, Maryanne May, Narelle Kendall, Ray Ward Courts Information Services: Charles Kooij External: Lisa Davies WARNING: Aboriginal and Torres Strait Islander peoples are warned that this document may contain images of deceased persons. Due care has been taken to ensure that all images have been used with the appropriate consent. CHAMBERS OF THE CHIEF MAgistrate Brisbane Magistrates Court 363 George Street Brisbane Qld 4000 GPO Box 1649 Brisbane Qld 4001 Ph: 61 7 3247 4565 Fax: 61 7 3220 0088 www.courts.qld.gov.au 29 October 2010 The Honourable Cameron Dick MP Attorney-General and Minister for Industrial Relations Level 18 State Law Building 50 Ann Street BRISBANE QLD 4000 Dear Attorney-General, In accordance with section 57A of the Magistrates Courts Act 1921 I enclose the report on the operation of the Magistrates Court for the year ended 30 June 2010. Yours sincerely, Judge Brendan Butler AM, SC Chief Magistrate Magistrates Court of Queensland | Annual Report 2009–2010 | 1 Contents Chief Magistrate’s overview 4 Magistrates professional The Magistrates 4 development 23 Professional development 5 Other professional development attendances 24 Contribution by female magistrates 5 Magisterial forum 26 Murri Courts 5 The Childrens Court Magistrate 26 The future 6 Palais de Justice 27 Acknowledgements 6 Breaking the Cycle domestic violence project 28 Conclusion 6 A path less travelled 30 Executive Director’s overview 8 A recent appointment 31 Highlights 8 Court performance by jurisdiction 32 Staff development and support 9 Criminal jurisdiction 33 Court buildings and facilities 9 Civil jurisdiction 35 The future 10 Domestic and family violence 37 Acknowledgements 10 Commonwealth 38 The Magistracy 11 Industrial Magistrates Court 38 Queensland’s magistrates 12 Childrens Court 38 Acting magistrates 14 Coroners Court 39 Judicial registrars 15 Office of the State Coroner 40 Innovative courts and programs 40 Magistrate appointments 16 Special Circumstances Court Diversion Program 41 Magistrate retirements 18 Drug Court 42 Illicit Drugs Court Diversion Program 43 Structure and operation 19 Committees 20 Magistrates internal committees 20 2 | Magistrates Court of Queensland | Annual Report 2009–2010 Indigenous justice 46 Appendices 68 Courts held in indigenous communities 46 Appendix 1 – Criminal lodgements 68 Indigenous language interpreters 46 Appendix 2 – Civil Claims 72 Community justice groups 46 Appendix 3 – Domestic and Family Violence applications and orders 76 Justices of the peace 48 Appendix 4 – Child Protection applications Queensland Indigenous Alcohol Diversion Program 48 and orders 80 Murri Court 49 Appendix 5 – Magistrates Court locations and circuits 85 Court administration 55 The Statistical Analysis Unit 55 Courts Capability and Development Unit (CCDU) incorporating the Training Support Unit (TSU) 55 Justice Services Support 56 Regional operations 56 Technology 61 Courts information services 61 Courthouses 62 Ipswich Courthouse 62 Brisbane Magistrates Court Major Hearing Court 63 Supporting organisations 64 Court Network 64 Mental Health Court Liaison Service 65 Magistrates Court of Queensland | Annual Report 2009–2010 | 3 Chief Magistrate’s overview In 2009-10 the Magistrates Court of Queensland continued its record of efficiently completing the heavy volume of work it receives. For the fifth year in a row the Court’s workload in its core criminal jurisdiction increased. Despite the increase, the court improved the clearance rates in both its criminal and civil jurisdictions. The criminal clearance rate, adult and juvenile combined, increased by one per cent to 101.5 per cent. Similarly, the clearance rates in all of the Court’s civil jurisdictions exceeded 100 per cent. In other words, the Court continued to clear more matters than it received, reducing the pending caseload. The magnitude of this achievement may be gauged from a comparison with other jurisdictions, based on the most recent Report on Government Services (RoGS) for the 2008-09 financial year. Although Queensland had the equal lowest (with NSW) ratio of magistrates across all States, with 1.6 magistrates per 100,000 people compared to the national average of 1.9, it had the highest number of criminal finalisations of all the States, and the third highest number of civil finalisations after New South His Honour Judge Brendan Butler AM SC Wales and Victoria. Chief Magistrate The magistrates The achievement of the Court in dealing with this heavy workload is due to the industry shown by its hardworking magistrates, acting magistrates and judicial registrars. In the reporting year, the total number of magistrates remained steady at 87. The year commenced with one position vacant, and during the year two magistrates retired, one resigned and four magistrates were appointed. Magistrates are located in 32 centres and circuit to a further 86 court locations throughout the length and breadth of Queensland. 4 | Magistrates Court of Queensland | Annual Report 2009–2010 When magistrates take leave, relief is provided from the Professional development ranks of acting magistrates. Of the 30 acting magistrates as at 30 June 2010, 12 were retired magistrates and the The quality of decision making in the Magistrates Court remainder were legally qualified experienced registrars is dependant on the knowledge and expertise of its of the Court. magistrates. Ongoing professional development is crucial to the maintenance of the Court’s high standards. In Townsville and Southport a judicial registrar’s position provides support to the magistrates. At the This year has seen the enhancement of opportunities beginning of the year there were four judicial registrar for magistrates to engage in professional development positions, but with the loss of some jurisdiction to the activities and to participate in the governance of their Queensland Civil and Administrative Tribunal (QCAT) on Court. 1 December 2009 that number was reduced to two. In addition to the Annual Conference, Regional Conferences were reinstituted. These were of one and a half days duration and allowed magistrates and acting Contribution by female magistrates to discuss legal issues of importance in magistrates their regions and to participate in legal development sessions in core jurisdictions. Of the four new magistrates appointed this year, two were women. These Regional Conferences, held at Townsville, Ipswich and Brisbane, were judged to be highly successful. Much has changed in regard to the participation of women in the Court during the past two decades. The first woman appointed a magistrate in Queensland was Murri courts Grace Kruger in 1990. The second, Magistrate Donna The Murri Courts, where indigenous elders sit with and MacCallum, was appointed in 1991. She is currently a advise magistrates at the sentencing of Indigenous Regional Coordinating Magistrate based at Ipswich. offenders, continue to play a significant role in Magistrate MacCallum appears on the cover of this addressing the need to provide justice to Aboriginal and Report. Torres Strait people in a culturally appropriate way. As at 30 June 2010 there were 30 female magistrates, Local Indigenous communities and local magistrates constituting 34% of the membership of the Court. They have continued to work together to establish new Murri serve in locations as diverse as Warwick in the south to Courts where they are needed. In the year a further Mount Isa and Cairns in the north. Female magistrates three Murri Courts were established. I was honoured to participate fully in the onerous circuit work of the Court. attend the official opening of the Charters Towers Murri History was made when Ms Diane Fingleton was court in that town on 16 February 2010. appointed the first female Chief Magistrate in 1999. The support of magistrates throughout the State for Since that time, female magistrates have continued to this innovative program reflects their commitment to take leadership roles in the Court, including as Regional the rehabilitation of indigenous defendants by assisting Coordinating Magistrates and as Committee Chairs. them to address the causes of their offending behaviour. A number of female magistrates speak of their diverse experiences as members of the Court in the Magistrate’s Forum later in this Annual Report. Magistrates Court of Queensland | Annual Report 2009–2010 | 5 The future I commend Magistrates Ehrich and Tynan, who retired after 14 and 11 years service respectively, on their long In my last Annual Report I nominated implementation and valuable service. Magistrate Ehrich served as of the recommendations in the report of the Review of Industrial Magistrate and as the Brisbane Murri Court Civil and Criminal Justice in Queensland delivered by the Magistrate, while Magistrate Tynan was the South Honourable Martin Moynihan AO QC in December 2008, East Queensland Drug Court Magistrate for two years as the outstanding challenge facing the Court. That during which she circuited between the three Drug remains correct. Court centres. I am pleased to say that both Magistrates