Magistrates Court of Queensland Annual Report 2009–2010 Magistrates Court of Queensland Annual Report 2009–2010 of Queensland Annual Report Magistrates Court 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 At the time of writing, the legislation implementing the Ehrich and Tynan continue to support the Court in their first stage of those recommendations has passed into capacity as acting magistrates. law and the Act will commence on 1 November 2010. The The Court was fortunate to receive four highly skilled reforms will increase the criminal and civil jurisdictions lawyers into the ranks of its magistrates this year. Three of the Magistrates Courts and alter the committal were practising barristers in regional centres and the process. fourth was registrar of the Holland Park Magistrates Considerable work has been done by the Court in Court with 10 years experience as an acting magistrate. anticipation of the implementation of those reforms. All four had over 15 years of post admission legal A successful Roundtable process with high level experience at the time of their appointment. representation from major criminal law stakeholders has agreed on administrative arrangements to give effect to the legislative changes. Conclusion Throughout the year I have been able to constantly The Court is well prepared to implement these major draw support and encouragement from the members reforms to its jurisdiction and processes. of the Court. Many magistrates have given of their time and effort to contribute in numerous ways to the Acknowledgements administration of the Court. I thank them all. I particularly acknowledge the important contribution I particularly acknowledge the support I receive from made by each of the three magistrates who departed co-ordinating magistrates throughout Queensland. the Court in the course of the year. The magistrates who accept these leadership roles receive only nominal remuneration, but make a massive I congratulate Her Honour Judge Katie McGinness on contribution to the effective administration of the Court. her appointment to the District Court. Judge McGinness I could not manage without them. Once again special served as a magistrate for almost four years, of which thanks go to Deputy Chief Magistrate Brian Hine who is three were spent in Cairns where she distinguished a source of constant support and advice. My gratitude herself as an enthusiastic and hardworking judicial also goes to Ms Narelle Kendall, Ms Maryanne May and officer. the dedicated staff of the Chief Magistrates office.
6 | Magistrates Court of Queensland | Annual Report 2009–2010 The Court relies heavily on its partnership with the Magistrates Court Branch of the Department of Justice and Attorney-General. I have a valued working relationship with Mr Paul Marschke, Executive Director, Magistrates Court Branch and I thank him and his staff for their continued support.
Finally, I acknowledge that the quality of justice delivered by the Court depends upon public confidence and the input of local communities. I applaud the work of all those involved in the court process including legal representatives, police prosecutors and support services. Together we all contribute to the success of Queensland’s largest and busiest court, the Magistrates Court.
Magistrates Court of Queensland | Annual Report 2009–2010 | 7 Executive Director’s overview
Our objectives to provide better services to courts’ users and our partners, promote a workplace culture that inspires staff to achieve results, and support service delivery through business innovation have driven our workload priorities over the last 12 months.
The Magistrates Court Branch is a dynamic combination of specialist units working together to support and meet the operational needs and performance of the Court. In 2009 -10, the Magistrates Court Branch comprised of:
• Magistrates Court Branch (MCB) Head Office
• Office of the tateS Coroner (OSC)
• Cour ts Innovation Programs (CIP)
• Statistical Analysis Unit (SAU)
• Justice Services Support (JSS)
Highlights The Murri Court now operates in 17 locations throughout Queensland, three more than in 2008-09, and we continue to lead the nation with the most Indigenous Courts of any Australian state.
Paul Marschke An evaluation of the Murri Court program has been Executive Director Magistrates Courts completed and its findings, along with those in the Queensland Indigenous Alcohol Diversion Program (QIADP), are being considered regarding future program developments.
The Queensland Civil and Administrative Tribunal (QCAT) commenced on 1 December 2009 amalgamating 18 separate tribunals and 23 jurisdictions. This represents one of the most significant reforms to the Queensland justice system in 50 years.
I congratulate Magistrates Court staff for their efforts and contribution to the successful transition of QCAT which presented significant challenges to our registries.
8 | Magistrates Court of Queensland | Annual Report 2009–2010 Judicial registrars were retained at the Southport and Court buildings and facilities Townsville Courthouses during 2009–10, and will continue to work at these centres in 2010-11. From On 6 March 2010, the new $92 million Ipswich July 2009 to June 2010, the judicial registrars at these Courthouse was officially opened by Attorney-General two locations presided over 10,217 criminal matters Cameron Dick and Member for Ipswich Rachel Nolan. (including domestic violence matters), and 2,960 civil The new courthouse boasts 12 courtrooms, and matters. provides separate entrances, corridors, lifts and waiting areas for judges, defendants and members of the This year saw the last of the eight courthouses public. The building has separate areas for vulnerable scheduled for transition to the Queensland Government witnesses, victims of domestic and family violence, Agent Program (QGAP). Taroom, Nanango, Gayndah, and specialist children’s and Murri courtrooms. The Toogoolawah, Tully, Mossman, Pittsworth and courthouse also features the latest in courtroom Childers are now fully functional QGAP offices and technology. Registrars, Regional Managers and their staff are to be congratulated on the successful transition. During 2009–10, videoconferencing facilities were installed in Gladstone, Bundaberg and Gympie The completion of the transition brings the total number courthouses, bringing the number of Magistrate Court of Department of Justice and Attorney-General (JAG) led videoconferencing sites to 61. QGAP sites to 23. Each QGAP office provides essential information, face to face assistance and advice on a The videoconferencing capability reduces the need for range of state and Federal Government services to prisoner transfers to court, which reduces costs and clients in areas where access to services can be limited. improves public safety by reducing the risk of attempted and actual escapes and assaults. They also enable child witnesses and victims of sexual assault to give evidence Staff development and support without confronting a defendant in the courtroom. The Coroners Case Management System (CCMS) Three new Magistrates courtrooms are being commenced operation on 1 July 2009. This purpose-built constructed along with three new Magistrates chambers system significantly enhances the case management of in the Southport Courthouse. An existing courtroom coronial files and provides accurate information about will also be enlarged to improve the court’s efficiency deaths reported to coroners. The CCMS also interfaces in managing the large number of arrest and first with the National Coroners Information System to appearance matters. improve the quantity and quality of Queensland data. The estimated cost of the project is $4 million. System enhancements were released in June 2010 to Construction commenced in May 2010 and will be build on CCMS’ functionality. completed in December 2010.
The $10.4 million refurbishment of the Toowoomba Courthouse continues, and will be completed in October 2010.
In 2010–11 the department plans to upgrade existing facilities at several Magistrates Courts including at Cairns, Beenleigh, Hervey Bay, Rockhampton and Southport.
Magistrates Court of Queensland | Annual Report 2009–2010 | 9 The future The Magistrates Court Branch looks forward to the introduction of this new system and will continue to 2010-11 will see important changes for the Magistrates support and contribute to its development into 2010-11. Courts.
The passing of The Civil and Criminal Jurisdiction and Modernisation Reform Act 2010 by the Queensland Acknowledgements Parliament will have a positive effect on the Queensland To accomplish the goals and meet the challenges set, Justice System by streamlining court processes and the Magistrates Court Branch fosters a collaborative making better use of public resources. and open relationship with the magistracy. I thank His Honour Judge Brendan Butler AM SC for his support and Overseen by the Queensland Courts Service Executive co-operation, and again look forward to working with (QCSE), a team of key Magistrates Court Branch staff him in meeting future challenges. have conducted an analysis of the business and system changes required to implement stage 1 of the Moynihan My congratulations go to the following Magistrates reforms within Queensland Courts. Court staff who have secured promotions, position upgrades and transfer at level positions during the year: Implementation of the reforms will include: Promotions/ position upgrades/ transfers-at-level • new policy and procedures Madonna Kraatz Sheryl Robertson • database changes Jacqui Irving Kylee Lewis • training materials Peter Guyatt Lee McDonell Jane Slattery Astrid Entriken • change management measures for Queensland Stacey Connell Sara Wood Courts staff Kate Voll Colin Petersen Stakeholder meetings with all Queensland Courts Paul Ramage Wendy Siebrecht business units, the Chief Magistrate, Legal Aid Ashleigh Taylor Beverley Williams Queensland, Queensland Police Service and the Bernard Harvey Jackie Walters Strategic Policy Unit are continuing to ensure The Civil Amy Elliott Peter Ellis and Criminal Jurisdiction and Modernisation Reform Kenneth Percy Gail Kidston Act 2010 is implemented in a consistent and relevant Scott Hastie Adair MacGregor manner for Queensland Courts and the community. Brendan Eleison Yvonne Spry Mark Koczan Robyn Bell Preliminary discussions to define the scope of stage 2 Simone Rohweder Sue Sondergeld of the Moynihan reforms have commenced and involve Raymond Lennox Sharon Weeding QCSE members, the Moynihan stage 1 project team and Luke Massey Emma Dunkerton the Strategic Policy Unit. Martha Phophang Anne Fisher-Charles
Magistrates Court Branch staff are also playing a key I thank all MCB staff and the Regional Managers for their role in the Merged Civil System project (MerCS). co-operation and commitment during 2009 – 10, and look forward to continuing our efforts to achieve and When released, this new civil case management deliver the highest possible standard of services to the system will provide enhanced functionality as well as Queensland community. a consistent, Queensland-wide approach to database management for Magistrates, District and Supreme Courts registries.
10 | Magistrates Court of Queensland | Annual Report 2009–2010 The Magistracy
Magistrates Court of Queensland | Annual Report 2009–2010 | 11 Queensland’s Magistrates as at 30 June 2010
Beenleigh PJ Webber Co-ordinating Magistrate JA McDougall TI Morgan JE White Bowen AG Kennedy Brisbane BJ Butler Chief Magistrate BP Hine Deputy Chief Magistrate/Regional Co-ordinating Magistrate MA Barnes State Coroner CJ Callaghan Co-ordinating Magistrate LM Bradford-Morgan Part-time Magistrate CA Clements Deputy State Coroner SL Cornack JD Costello WA Cull JM Daley PM Dowse Childrens Court Magistrate EA Hall PM Kluck GC Lee Industrial Magistrate JB Lock Brisbane Coroner NF Nunan LJ O’Shea JV Payne T Previtera CG Roney Part-time Magistrate BL Springer Relieving Magistrate Bundaberg JM Batts Caboolture PW Johnstone Co-ordinating Magistrate B Barrett Cairns RD Spencer Regional Co-ordinating Magistrate J Bentley TJ Black SM Coates AJ Comans SL Pearson JN Pinder K Priestly Northern Coroner Caloundra DM Fingleton Charleville C Strofield
12 | Magistrates Court of Queensland | Annual Report 2009–2010 Cleveland BR Manthey Dalby MP Quinn Emerald JJ McGrath Gladstone JD Carroll Gympie MM Baldwin Hervey Bay GJ Tatnell WJ Smith Relieving Magistrate Wide Bay District Holland Park TN Arnold Innisfail JM Brassington Ipswich DM MacCallum Regional Co-ordinating Magistrate VE Sturgess MR McLaughlin Kingaroy GJ Buckley Mackay DJ Dwyer R Risson Mareeba TJ Braes Maroochydore CJ Taylor Regional Co-ordinating Magistrate BA Callaghan JA Hodgins IT Killeen Mount Isa C Wadley Pine Rivers SD Guttridge Redcliffe AJ Chilcott Richlands ER Wessling Co-ordinating Magistrate PJ Austin Rockhampton AM Hennessy Regional Co-ordinating Magistrate C Press Sandgate O Rinaudo Southport RG Kilner Regional Co-ordinating Magistrate JJ Costanzo TM Duroux MJ Hogan JL Hutton Southern Coroner DE Kehoe Drug Court Magistrate BP Kilmartin KT Magee MG O’Driscoll CA Pirie Toowoomba BT Schemioneck Co-ordinating Magistrate KA Ryan
Magistrates Court of Queensland | Annual Report 2009–2010 | 13 Townsville SM Tonkin Regional Co-ordinating Magistrate BL Smith RJ Mack HB Osborne PR Smid LP Verra Warwick AC Thacker Wynnum Z Sarra
Acting Magistrates
Beenleigh BL Kucks Bowen RW Muirhead Brisbane JP Barbeler* G Dean* W Ehrich* M Halliday* JM Herlihy* R Quinlan* AR Taylor BF Tynan* Bundaberg LN Lavaring Caboolture PW Hasted Cairns KJD McFadden Cleveland RL Warfield Cloncurry AM Walker Dalby IR Rose* HB Stjernqvist Kingaroy RH Lebsanft Mareeba R Heggie Maroochydore DA Beutel J Parker* D Wilkinson* Noosa GA Hillan* Rockhampton MT Morrow T Bradshaw* Southport G Finger GA Wilkie* Toowoomba WA Cridland* RJ Stark Townsville SD Luxton
* Retired Magistrate
14 | Magistrates Court of Queensland | Annual Report 2009–2010 Judicial Registrars
Beenleigh GH Kahlert Part-time Southport RM Carmody Part-time Townsville RJ Lehmann
Magistrates Court of Queensland | Annual Report 2009–2010 | 15 Magistrate appointments
Magistrate Sandra Pearson Magistrate Terry Duroux
Cairns Southport
Sworn in as a magistrate on 21 July 2009. Sworn in as a magistrate on 23 April 2010.
Magistrate Pearson commenced her legal career in Magistrate Duroux is extending his already extensive 30 1991 as an instructing clerk in the Director of Public years experience with the Magistrates Courts. Starting Prosecutions (DPP) Office in Brisbane. She completed as a junior clerk in the Emerald Magistrates Court in her Bachelor of Law and was admitted to the bar in 1980, His honour was admitted as a solicitor in 1994 1992, becoming a legal officer for the DPP in 1993. She and worked in private practice for six months before became a crown prosecutor in Cairns in 1996 and the returning to the public service. office legal practice manager in 1998. After 10 years with He was appointed as an acting magistrate and has the Director’s Office Her Honour became a barrister in increasingly found himself in that role, in many court private practice in Cairns working in criminal, civil and locations throughout the state and often on short family law, including complex trial and appeal work. notice. His Honour most recently held the position of Magistrate Pearson is experienced with the demands Registrar at the Holland Park Magistrates Court to which of circuit work in the remote Cape York and Torres Strait he was appointed in 2002. Island communities, and has experience on the bench, Magistrate Duroux was sworn in as a magistrate early having acted as a moot court judge for the Cairns State on 23 April 2010 in a short ceremony. The ceremony was High School competitions and as a member of the short as he had already been scheduled to preside over judiciary for Cairns District Rugby Union. court that day in his capacity as an acting magistrate. A busy person who always finds time to contribute to the community, Her Honour has said she cannot wait to be a part of the volume and diversity of work in the Magistrates Courts.
16 | Magistrates Court of Queensland | Annual Report 2009–2010 Magistrate Jane Bentley Magistrate Cameron Press
Cairns Rockhampton
Sworn in as a magistrate on 29 April 2010. Sworn in as a magistrate on 29 April 2010.
Magistrate Bentley commenced employment as a law Magistrate Press was born and raised in Rockhampton. clerk with the Public Defenders Office (which later He began his career in law in 1979 after finishing at merged with the Legal Aid Office) from 1988 to 1996, North Rockhampton High School when he commenced and was admitted as a barrister in 1994. Her Honour was as an articled clerk with a local firm of solicitors. employed as a legal officer with the Queensland Police He became a partner in the firm in 1985 and then, for Service, and then the National Crime Authority where most of the past 10 years, has been a barrister where she provided advice in relation to the investigation of he has a particular expertise in civil law. His Honour has major and organised crime. been a member of the Mental Health Review Tribunal for In 2001 Her Honour commenced work for the the last five years, and has been involved with several Commonwealth Director of Public Prosecutions, mainly community organisations. prosecuting taxation fraud and commercial offending. His Honour has said he will approach the role with a She headed the Cairns office for the final 18 months. profound sense of responsibility and duty and will strive Most recently, Her Honour was a barrister in private to always act in the best interests of justice and the practice in Cairns, practising mainly in criminal and community. family law.
Magistrates Court of Queensland | Annual Report 2009–2010 | 17 Magistrate retirements a solicitor in private practice as a partner of a number of firms. He holds a Bachelor of Arts (BA) degree from Magistrate Katie McGinness Monash University, a Master of Laws (LLM) degree from Cairns the University of Queensland and is completing a Master of Arts (MA) degree at the University of New England. Magistrate McGinness commenced as a magistrate in Brisbane on 22 August 2005 and transferred to Cairns Magistrate Barbara Tynan on 8 May 2006, where Her Honour remained for three Brisbane years. Magistrate Tynan commenced in Brisbane on 26 While in Cairns she undertook the arduous circuit courts November 1998. She moved to Toowoomba in 1999 and to the Torres Strait and Cape York. On 16 July 2009 became the Toowoomba Co-ordinating Magistrate in Magistrate McGinness retired from the ranks of the 2002. Her Honour returned to Brisbane in 2003 before magistracy as she had been appointed a Judge of the moving to Cleveland in 2004. District Court of Queensland. She became a Drug Court Magistrate in 2005 and in Her Honour commenced her career in law in 1985 as a 2007 became the full time South-East Queensland Drug law clerk for the Public Defenders Office (which later Court Magistrate, circuiting between the Southport, merged with the Legal Aid Office). She remained there Beenleigh and Ipswich Magistrates Courts. Her Honour for 13 years, becoming in-house counsel after her retired on 6 December 2009. admission to the Bar in 1988. She also was the Principal Legal Officer for the Commonwealth Director of Public Prosecutions for a year and a half.
While she argued matters before all levels of Courts including the Court of Appeal, she also appeared before the District Court, the Court in which she now presides.
Magistrate Walter Ehrich
Brisbane
Magistrate Ehrich was sworn in as a magistrate on 10 October 1994. He commenced in Brisbane before moving to Emerald in 1997. From Emerald, he visited many locations to conduct court while on circuit. He transferred to Beenleigh in 1999 and back to Brisbane in 2005. For two of the last three years His Honour was the Industrial Magistrate, and for one year the Murri Court Magistrate. He retired at the statutory retirement age on 12 August 2009, and was promptly appointed as a Relieving Magistrate. His Honour continues to exercise his experience by regularly holding Court in the Brisbane area.
Before his appointment as a magistrate, and after his schooling at Marist College Ashgrove His Honour was
18 | Magistrates Court of Queensland | Annual Report 2009–2010 Structure and operation
There are 87 appointed magistrates, two of whom are The regional co-ordinating magistrates are: part-time, occupying 86 magisterial positions. Brisbane Region BP Hine (Brisbane) There is also a pool of 30 appointed acting magistrates South-West Region DM MacCallum (Ipswich) who relieve in magisterial positions as required. The South Coast Region RG Kilner (Southport) pool includes 13 retired magistrates. North Coast Region CJ Taylor (Maroochydore) Central Region AM Hennessy (Rockhampton) As a part of a two year trial there are also three Northern Region SM Tonkin (Townsville) appointed judicial registrars who occupy two judicial Far Northern Region RD Spencer (Cairns) registrar positions (two judicial registrars are part-time). The co-ordinating magistrates are: The Chief Magistrate is the head of the Court and its senior judicial officer, responsible for: Beenleigh PJ Webber Toowoomba B Schemioneck • the orderly and expeditious exercise of the Caboolture PW Johnstone jurisdiction and powers of the Magistrates Courts Richlands ER Wessling • deciding the magistrates who are to constitute a Brisbane CJ Callaghan Magistrates Court at particular places
• assigning duties to magistrates
• issuing practice directions
• nominating a magistrate to be a co-ordinating magistrate for the purpose of allocating court work
• performing statutory functions.
There is a Deputy Chief Magistrate who, in addition to exercising the functions of a magistrate, must exercise such other functions as the Chief Magistrate directs. The Deputy Chief Magistrate may act as Chief Magistrate if required.
The Chief Magistrate appoints regional co-ordinating and co-ordinating magistrates in each region to assist in the orderly disposition of Court business.
Magistrates Court of Queensland | Annual Report 2009–2010 | 19 Committees
Court Governance Advisory committee Terms and Conditions committee Members: Deputy Chief Magistrate Brian Hine; State Committee Chair: Chief Magistrate Brendan Butler Coroner Michael Barnes; Magistrates: Ron Kilner; Members: Deputy Chief Magistrate Brian Hine; State Bronwyn Springer; Athol Kennedy. Coroner Michael Barnes; Magistrates: Orazio (Ray) The Court Governance Advisory Committee is Rinaudo; Robert Spencer; Christopher Callaghan; established under the Magistrates Act 1991. It supports Graham Lee; Leanne O’Shea; Joseph Pinder. the Chief Magistrate by providing advice on transfer This committee monitors developments in terms decisions and the general administration of the and conditions of appointment of judicial officers in Magistrates Courts. Australian jurisdictions. Its recommendations inform the The advisory committee has two permanent members Chief Magistrate’s annual submission on magistrates’ (the Deputy Chief Magistrate and the State Coroner) terms and conditions. and three temporary members, one of whom must be a magistrate who constitutes a Magistrates Court at a Information Technology committee place outside of the South-East Queensland Magistrates Courts districts. Committee Chair: Deputy Chief Magistrate Brian Hine Members: Chief Magistrate Brendan Butler; and Magistrates: Trevor Morgan; Orazio (Ray) Rinaudo; Magistrates internal Trevor Black; Errol Wessling; Kevin Priestly; Janelle committees Brassington; Ross Risson. The Information Technology Committee is an active The Magistrates Internal Committees provide vital sponsor of continuous improvements to court support to magistrates across Queensland and assist information and communication technology systems the Chief Magistrate in fulfilling his responsibility of and provision of training to magistrates. ensuring the orderly and expeditious running of the Magistrates Courts. Judicial Professional Development At the annual state conference, magistrates were invited committee by the Chief Magistrate to nominate for one or more of the new committees. A chairperson for each of the Committee Chair: Magistrate Leanne O’Shea committees was selected by the Chief Magistrate from Members: Chief Magistrate Brendan Butler; Deputy the pool of nominees. Chief Magistrate Brian Hine; State Coroner Michael The Chief Magistrate and Deputy Chief Magistrate are Barnes; Magistrates: Janelle Brassington; Noel Nunan; members of all the committees. The Principal Research Damian Carroll; John Costello; Annette Hennessy; Kerry Officer provides the secretariat and research support to Magee; Joseph Pinder; Orazio (Ray) Rinaudo; Anne the committees. Thacker; Kay Ryan.
The committees’ structure and membership at 30 June Orientation programs for newly-appointed magistrates 2010 is provided below. and ongoing professional development opportunities for magistrates, acting magistrates and judicial registrars are vitally important for the consistent
20 | Magistrates Court of Queensland | Annual Report 2009–2010 delivery of Magistrates Court justice services across Regional Conference planning Queensland. subcommittee The commitment the existing committee gives to Committee Chair: Magistrate Leanne O’Shea professional development and the delivery of a broad range of judicial education for the Queensland Members: Chief Magistrate Brendan Butler; Deputy magistracy is reflected in its expanded role. Chief Magistrate Brian Hine; Magistrates: Joseph Pinder; Kay Ryan; Bronwyn Springer; Narelle Kendall. Under the leadership of Magistrate Leanne O’Shea, the committee’s responsibilities include: Indigenous Issues committee • planning the annual state conference, a regional workshop for magistrates, and professional Committee Chair: Deputy Chief Magistrate Brian Hine development opportunities for acting magistrates Members: Chief Magistrate Brendan Butler; • maintaining and updating the Magistrates Bench Magistrates: Trevor Black; Graham Buckley; Pam Dowse; book Annette Hennessy; Paul Johnstone; Bevan Manthey; Matt McLaughlin; Howard Osborne; Jacqui Payne; Tina • dev eloping an orientation program for newly- Previtera; Michael Quinn; Ross Risson; Zac Sarra; Brian appointed magistrates Smith; Cathy Wadley; Errol Wessling
• identifying professional development needs across All Murri Court magistrates are members of this the magistracy committee which will continue to advise and make • identifying and co-ordinating professional recommendations to the Chief Magistrate on issues development opportunities. relating to indigenous persons within the criminal justice system and in the Magistrates Courts. Annual State Conference planning Forms Committee subcommittee Committee Chair: Magistrate Errol Wessling Committee Chair: Magistrate Orazio (Ray) Rinaudo Members: Chief Magistrate Brendan Butler; Deputy Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; Magistrates: Graham Chief Magistrate Brian Hine; State Coroner Michael Buckley; Sheryl Cornack; Kerry Magee; John Smith; Anne Barnes; Magistrates: Leanne O’Shea; Damian Dwyer; Thacker. Narelle Kendall Led by Magistrate Errol Wessling this committee is one Bench Book subcommittee of the most active. The Magistrates Courts deals with over 300 pieces of legislation, which means that this Committee Chair: Magistrate Janelle Brassington committee is constantly consulted by agencies across Members: Chief Magistrate Brendan Butler; Deputy the Commonwealth and state governments in relation Chief Magistrate Brian Hine; Magistrates: Leanne to forms supporting proposed legislative changes. In O’Shea; John Costello; Damian Carroll; Joseph Pinder; addition to this, the committee conducts an annual Kay Ryan; Kerry Magee; Michael Halliday. review of Magistrates Courts bench forms.
Magistrates Court of Queensland | Annual Report 2009–2010 | 21 Legislation committee Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; Magistrates: Jennifer Batts; Committee Chair: Magistrate Bronwyn Springer Trevor Black; Sheryl Cornack; Michael Quinn; Kay Ryan; Members: Chief Magistrate Brendan Butler; Deputy Colin Strofield; and Paul Marschke; Kevin Stone. Chief Magistrate Brian Hine; Magistrates: Janelle The vast distances covered by Queensland magistrates; Brassington; Athol Kennedy; James McDougall; John the great differences in the nature of facilities available Smith; Errol Wessling. for magistrates to constitute magistrates courts; and the Like its Forms Committee counterpart, the Legislation many issues impacting on the safety and well-being of Committee is in constant consultation with government magistrates led to the creation of this committee. agencies responding to and making recommendations The committee is led by Magistrate Robert Spencer and in relation to proposed legislative reforms affecting the consults with invited departmental representatives. Magistrates Courts. It seeks to identify and effectively manage facilities, safety, health and well-being issues affecting the Criminal Law committee magistracy. Committee Chair: Magistrate Anne Thacker Ethics committee Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; Magistrates: Christopher Committee Chair: Magistrate Orazio (Ray) Rinaudo Callaghan; John Costanzo; Annette Hennessy; Michael Members: Chief Magistrate Brendan Butler; Deputy Hogan; Matt McLaughlin; Virginia Sturgess. Chief Magistrate Brian Hine; Magistrates: James This committee will play a vital role supporting the McDougall; Joseph Pinder; Anne Thacker; Virginia magistracy in meeting the challenges of implementing Sturgess. the Moynihan Review and other criminal law reforms. The internal governance structure of the magistracy would not be complete without the on-going Domestic and Family Violence committee commitment of the ethics committee.
Committee Chair: Regional Co-ordinating Magistrate Magistrate Rinaudo continues to lead this committee Annette Hennessy to support the ethical standards of the conduct of the Members: Chief Magistrate Brendan Butler; Deputy magistracy. Chief Magistrate Brian Hine; Magistrates: Maxine Baldwin; Jennifer Batts; Janelle Brassington; Damian Carroll; Damian Dwyer; Leanne O’Shea.
This committee plays an important role supporting multi-agency responses to domestic and family violence issues.
Facilities and Safety committee Committee Chair: Regional Co-ordinating Magistrate Robert Spencer
22 | Magistrates Court of Queensland | Annual Report 2009–2010 Magistrates professional development
State conference For many magistrates who operate in small regional centres the State Conference is the only opportunity From 24 to 26 May 2010 the magistracy throughout the to catch up with their fellow magistrates. The sharing state met in the Brisbane Magistrates Court building for of experiences from all the different court locations the annual Queensland Magistrates Conference. throughout the state enhances the delivery of Justice The Honourable Cameron Dick, Attorney-General and and strengthens camaraderie. Minister for Industrial Relations officially opened the conference, and retired Justice Martin Moynihan AO QC, Regional conferences the author of the 2008 Review of the Civil and Criminal Three regional conferences were held this year, with the Justice System in Queensland, delivered the keynote aim of benefiting the professional development of the speech. Considering the far reaching changes proposed magistracy. They are expected to become a permanent in his seminal work it was no surprise that the audience feature on the Magistrates calendar. hung on to every word of his address. • The North Queensland Regional Conference was The three days were filled with presentations and held in Townsville on 16 and 17 April 2010. exercises to assist the magistrates in carrying out their work in the courts. Some of the topics covered • The South Queensland Regional Conference was were governance, Aboriginal English in courts, held in Ipswich on 7 and 8 May 2010. extemporaneous judgements and domestic violence. • The Brisbane-Southport Regional Conference was An open forum was also held. held in Brisbane on 18 June 2010. The formal dinner for the conference was enjoyed by the The conferences allow for more hands-on learning than magistracy and enhanced by the after dinner speech by the State Conference, and explore issues that are of Professor Trevor Warring. concern to the particular region.
State Magistrates Conference
Magistrates Court of Queensland | Annual Report 2009–2010 | 23 Topics covered included applications and personal injuries matters in civil proceedings and sentencing, Judgement Writing program evidence and defences in criminal proceedings. The 24-25 August 2009, Brisbane Qld content was described as relevant and important to Batts, JM magistrates’ duties and was well received. Braes, TJ Carroll, JD Costello, JD Other professional Daley, JM Dwyer, DJ development attendances Hodgins, JA Payne, JV *indicates attendance not funded by Magistrates Courts Priestly, K Ryan, KA Britain and Pacific Legal and Medical conference Strofield, C 17-24 July 2009, Oxford UK White, JE O’Shea, LJ* Queensland Mining Industry Health and Safety conference AIJA Indigenous conference 23-26 August 2009, Townsville Qld 5-8 August 2009, Rockhampton Qld Vera, LP* Black, TJ Buckley, GJ Homelessness conference Butler, BJ* 2-3 September 2009, Brisbane Qld Fingleton, DM Hennessy, AM* Hennessy, AM Roney, CG* Manthey, BR Payne, JV NADRAC council Ryan, KA 3-4 September 2009, Sydney NSW Smith, BL Hodgins, JA* Smith, WJ Children and the Law conference Wadley, C 7-10 September 2009, Prato Italy NADRAC council Tonkin, SM* 12 August 2009, Canberra ACT Wadley, C* Hodgins, JA* Commonwealth Magistrate and Judges Association conference NJCA Phoenix conference 28 September – 2 October 2010, Turks and Caicos Islands 17-21 August 2009, Broadbeach Qld Black, TJ* Chilcott, AJ Mack, RJ AIJA Domestic Violence conference Magee, KT 1-3 October 2009, Brisbane Qld McDougall, JA Fingleton, DM McGrath, JJ Hennessy, AM Nunan, NF Pearson, SL Ryan, KA Sturgess, VE
24 | Magistrates Court of Queensland | Annual Report 2009–2010 JCA Colloquium DVCAN Qld Annual conference 9-11 October 2009, Melbourne Vic 20 April 2010, Brisbane Qld Butler, BJ* O’Shea, LJ* Callaghan, BA Thacker, AC AIJA Non-Adversarial Justice conference 5-7 May 2010, Melbourne Vic Drug Court training Osborne, HB* 13-16 October 2009 Roney, CG Coates, SM* Wadley, C*
Central Queensland Law Association Annual conference International Association of Women Judges conference 16-18 October 2009, Rockhampton Qld 11-14 May 2010, Seoul South Korea Butler, BJ Coates, SM* Hennessy, AM* LAWASIA conference Previtera, T* 9-12 November 2009, Ho Chi Minh Vietnam Springer, BL* O’Shea, LJ* Thacker, AC* Tonkin, SM* Reframing for the Future seminar 10 November 2009, Brisbane Qld NSW Magistrates conference Cornack, SL* 2-6 June 2010, Sydney NSW Callaghan, CJ QCAT training 5 February 2010, Brisbane Qld QIADP Seminar Baldwin, MM* 8 June 2010, Rockhampton Qld Hennessy, AM* Hennessy, AM* Hodgins, JA* Smith, WJ* Council of Chief Magistrates meeting Tonkin, SM* 9-10 June 2010, Darwin NT Butler, BJ Sentencing conference 6-7 February 2010, Canberra ACT AAM conference Comans, AJ 11-14 June 2010, Darwin NT Cornack, CL Bradford-Morgan, LM Costello, JD Cull, WA* Dowse, PM Hall, EA* Kilner, RG Risson, R* O’Shea, LJ Wadley, C*
IAJA Mental Health Issues and Administration of Justice Australian Bar Association conference conference 24 June - 3 July 2010, Strasbourg France and London UK 18-20 February 2010, Auckland New Zealand Butler, BJ* Hennessy, AM* USA Pacific Legal conference Pan Europe Pacific Legal conference 28 June – 2 July 2010, New York USA 5-12 April 2010, Paris France Hine, BP* Hall, EA* O’Shea, LJ*
Magistrates Court of Queensland | Annual Report 2009–2010 | 25 Magisterial forum
The Childrens Court Magistrate without any money for a train fare or any preparation or support. These children carry a big load and they rarely Magistrate Dowse get any credit for it.
The Brisbane Childrens Court is a purpose built In my view it is my responsibility to recognise these construction situated on a narrow back street near the difficulties and make agencies assist these children with city’s CBD. It is nestled amongst back-packer hostels the wide variety of issues with which they present, in where hundreds of young people are enjoying parties, the hope that these strategies will educate the children laughing and joking for hours on end, sharing their in a way that will help break the cycle. It takes time, adventures and planning more travel and good times. patience and understanding from everyone involved in the process. That is in stark contrast to the stories of despair, tragedy and shattered dreams of the hundreds of young people Another damning statistic is that a large number of who are involved in the Youth Justice system or Child children in the Youth Justice system are subject to Protection matters in the Childrens Court on a daily Child Safety Orders. In these cases, additional care has basis. to be taken to find appropriate solutions to address the rejection and loneliness issues suffered by these The sad lives and circumstances that I hear each and children. I have no doubt that if these emotional matters every day in Court require me to think hard and long were duly treated, offending behaviour would be about how to break the cycle of hopelessness, and substantially reduced as the children would not be self to show people not only how to open the door but to medicating with alcohol and/or illicit drugs. ensure they walk through it for help they need to make positive changes to their lives. There are concerns that young people with complex needs are placed with carers who are not adequately I have come to the realisation that there are children trained to deal with their charges’ issues, and who are who are so broken that they can never be mended, and not able to resolve conflicts without involving criminal there are children and parents who simply don’t care sanctions. Services for troubled children must be and don’t wish to change their ways. available to provide practical assistance and support On the other hand, there are the stories of the wonderful with counselling, information and referral services inspirational children and their parents/carers who are through a case co-ordinator, if possible. prepared to work hard and do anything within their Magistrates in the Childrens Court, are well placed to power to keep their families together, loving and safe uncover new opportunities to innovate and continue to and who instil in children that all-important sense of hear the voices of young people in the war on breaking hope for the future. the cycle of hopelessness. Some of my beliefs have been turned upside down on many occasions, and it has become apparent that some parents have abdicated from their responsibilities to their children and do not even provide them with the most basic needs such as food, clothing or shelter. It is hard to believe, but children actually survive in such dysfunctional families, where nobody cares about them. Some of the children, some as young as 12, are expected to make their way to court on their own, and
26 | Magistrates Court of Queensland | Annual Report 2009–2010 Palais de Justice archives and non essential items were already in the building, having been gradually transferred in the three Magistrate MacCallum weeks prior to the move.
On 7 December, 2009, the new courthouse in Ipswich The new building has been christened the “Palais de commenced operations. For months prior to that we Justice”. It is a truly remarkable environment in which to had been eagerly anticipating leaving the courthouse work. The scene from the top floor showcases Ipswich to in Limestone Street for the new building’s more modern its best advantage, giving views to many of the private facilities. We would not miss dodging the panels that schools and churches built in classic style, as well as would sometimes fall from the ceiling, the ragged carpet some of the charming Queenslander houses for which which was the cause of many an “interesting” entry into Ipswich is known. In addition one can see some of the courtrooms and visits from a possum, which despite more majestic sandstone and bluestone mansions built being regularly given immediate parole, frequently by former mine managers and other prominent citizens returned. which are an example of the wealth on which the city was built. The move to the new building was a massive affair but was ably co-ordinated by the Principal Project Officer There are three magistrates based in Ipswich, and Capital Works Ian Murray, and the Acting Registrar at three Judges of the District Court. The new Court the time Warren Lutter, as well as all the wonderful staff. has 12 courtrooms, of which eight are dedicated to There was minimal disruption to the operation of the the Magistrates Court and the remainder house the Court with it only being closed for one day. On that day operations of the District Court. Of the Magistrates all the chambers, courtroom contents and the working Courts there is a dedicated Drug Court/Murri Court, a contents of the Registry etc were moved and amazingly Childrens Court and a Court which has secure facilities everything arrived, mostly in one piece. The library, the for domestic violence clientele. It also has a major trial Ipswich Courthouse
Magistrates Court of Queensland | Annual Report 2009–2010 | 27 court, although we have frequently commented that faced, built in the Italian Romanesque style and is still there seem to be more seats at the Bench then at the standing, a testament to the craftsmen of bygone days. Bar Table or in the dock! It served as the court until 1981 when the Limestone Street building was opened. It is interesting that the The Murri Court is a wonderful design with the Bar Table growth of Ipswich has been so rapid that the 1981 court curved in the shape of a boomerang and indigenous only served the community for 28 years, compared art work etched into the stone and timber panels both with the 122 years that the old court was the centre of inside and outside the glass windows. All of the design business. Hopefully the “Palais de Justice” will last the in the room mirrors the curve of the Bar Table. The local distance. indigenous community has been asked to supply art work for the corridor leading up to this court. Overall it has been a wonderful experience and we have all entered into the spirit of our new residence Some of the art in the building has been the cause for by bringing in art and various decorator items to make comment, particularly the “love heart” carved into the the place more a home away from home. The pleasant cement pillar at the entrance to the building, which has working environment with my colleagues has been been the subject of many interesting interpretations. enhanced by the new and improved surroundings. The building is also home to the Ipswich Office of the Director of Public Prosecutions and the State Reporting Bureau. Next door is the new police station which has ‘Breaking the Cycle’ domestic an interconnecting watch house, easing the transfer of prisoners to the various courtrooms. violence project
The court represents the gold standard in technology. In Magistrate Hennessy addition to the usual Wi-Fi facilities and video links the courts are fitted with aids to assist the hearing impaired. All the Benches have computers, which assists with the electronic diary as well as providing immediate access to legislation and case law. There are also computer work stations outside the courtrooms that provide a further venue for quiet research.
This is the third major building housing courts in Ipswich. For the opening of the building in March 2010 former Magistrate Gordon Dean, and Barrister Andrew West, co-wrote a booklet, entitled “A Place for the Holding of Courts”, setting out a brief history of the Court in Ipswich. The publication notes that the first court was held in a room in the Queens Arms Hotel. In Acting Senior Sergeant Josephine Griffin and Magistrate 1847 a small, rough-hewn courthouse and lock-up were Hennessy built, and a further building was constructed around 1848 on the site of the present Post Office. In March 2007, the Queensland Government endorsed the development of a whole of government strategy In 1859 a purpose built court was constructed on the on domestic and family violence with the intention corner of Roderick and East Streets. It was sandstone
28 | Magistrates Court of Queensland | Annual Report 2009–2010 of developing an integrated response to the issue in sector, receive referrals from a number of sources. Queensland. The largest and most immediate referral agency is the Queensland Police Service. When attending a domestic The model developed focuses on a co-ordinated violence incident, police provide the opportunity of approach to domestic violence and its underlying referral to both parties whether or not an application for issues and utilises risk assessments and intensive case a Protection Order is taken. Referrals, and whether they management of high risk clients and those in protracted are accepted or declined, are noted on any application domestic violence situations. Early intervention with made to the Court. Referrals are also made by the Court, people suffering domestic and family violence, and with Legal Aid Office, DV Duty Lawyer, Department of Child those inflicting it, can reduce incidents of violence and Safety, Women’s’ Shelter, non-government organisations lead to lasting positive changes. involved in domestic violence and other agencies. The pilot project is called “Breaking the Cycle” and The Breaking the Cycle team is a unique service delivery is running in Rockhampton for an 18 month period, strategy. Contact is made by the team with the client commencing in November 2009. The pilot builds on the within 24-48 hours of the acceptance of a referral. attempts in that court over the past couple of years to develop a more integrated court response to domestic A percentage of clients are already engaged with violence based on existing court resources. services, however, the team makes contact and provides an opportunity for all individuals and their Breaking the Cycle has provided for additional resources family. A client may identify as only requiring one for the court processes including a Legal Aid lawyer service, for example counselling. In such cases to assist and represent private aggrieved applicants the Breaking the Cycle team will refer them to an for protection orders (including hearings) and a Duty appropriate service. This pilot has four full time Lawyer to represent respondents on applications Intensive Case Managers, (ICM), which are positioned and breach charges. Providing for legal advice and in three non-government organisations. representation of parties at the first mention of matters in court has significantly assisted the process, ensuring ICMs provide targeted services for people affected that parties are making realistic and informed decisions by domestic and family violence who are assessed as with the support of a legal representative. Early referrals having complex and/or multiple needs that require to Legal Aid for advice and or mediation of related responses from within and across organisational issues, such as parenting and property matters, which boundaries. Integration between government and non- is possible under the pilot, can also assist with early government and including indigenous organisations resolution of those issues. provide co-ordinated assistance to clients.
Non government agencies have been provided with Success relies on an ongoing commitment by all increased funding to provide a broader range of stakeholders prepared to engage in integration of services: counselling services, safety upgrades for services and information exchange (within the limits of aggrieved residences, Temporary Accommodation the pilot) and flexible service delivery with the primary Ouster Funds and Perpetrator Behaviour Change focus on outcomes for clients. Programs.
Away from court, the Breaking the Cycle team, which consists of a Senior Sergeant of Police (the former Domestic Violence Liaison Officer), a Child Safety Officer and a Domestic Violence specialist from the private
Magistrates Court of Queensland | Annual Report 2009–2010 | 29 A path less travelled – Not only are the people of this area diverse but the landscape is extraordinary. I often contemplate this exploration in the social diverse history when flying across this remarkable landscape. landscape of Cape York and the While Captain Cook declared Australia for Great Britain Torres Strait – a personal view. on Possession Island (just off the tip of the Cape) in 1770, the Dutch skipper Willem Janszoon on the Magistrate Coates “Duyfken” was the first recorded European to make landfall in Australia, arriving on the western coast of Cairns magistrates circuit to all major communities from Cape York at the Wenlock river for water and herbs in Cairns North including Cape York. Bamaga, Lockhart River, 1606, well before any landings of the Dutch in Western Coen, Cooktown, Hopevale, Wujal Wujal, Weipa, Aurukun, Australia. Pormpuraaw and Kowanyama in the Torres Strait. Then there is the story of Narcisse Pelletier, a French The Cairns magistrates also circuit to the Torres Strait cabin boy on the “Saint Paul” which in September 1858 Islands of Thursday, Saibai, Boigu, Yorke, Mer, Moa (St struck a reef off Papua New Guinea. He then sailed in an Pauls and Kubin Village), Yam, Darnley, Badu, Warraber open boat across the Coral Sea to North-East Cape York, and Mabuiag. a distance of some 1,200 kilometres.
Each Cairns magistrate travels once a month on rotating Narcisse was abandoned by the boat’s other crew at six month circuits, one week per month. Cape Direction (eastern coast of Cape York), where he This is a country which reflects the history of the pre and was rescued by the Uutaalnganu speaking Sandbeach post contact colonial history. So what is there of interest? people who raised him to manhood. Narcisse was found by the crew of a pearling lugger in April 1875 and sent The old saying that no two peoples are alike is akin back to France. to Europe where while generically referred to as “Europeans” it could not be said that the Swedish are The Torres Strait is moulded by different history and like the Spanish. The same is true in Australia, where culture. the Wik people of Aurukun are unlike the Kuku Yulangi The islands of Boigu and Saibai are within swimming from Wujal Wujal. distance of Papua New Guinea. We hold court there in open halls. Saibai and Boigu are like Venice, sinking with rising sea levels.
Here each island court is as diverse as the next, moulded by sailors who for centuries passed through the Straits, as well as by the “Black Bird” trade with enslaved people from the Solomon Islands to Vanuatu who were shipped to Queensland, and the logical movement of immigrants from Papua New Guinea.
What do you need to undertake these circuits? Firstly a sense of humour, secondly a capacity to cope with the heat. Small aircraft often fly through the air like a try out for a bull ride in the Kowanyama rodeo. Finally Magistrate Coates on the path less travelled
30 | Magistrates Court of Queensland | Annual Report 2009–2010 a capacity to cope with unpredictable events, cyclones, beautiful place it is. The sunsets over the beach, viewed engine trouble and changes to the list. from the balcony of the Weipa Fishing Lodge, are stunning. A recent appointment I was also pleasantly surprised by the lists at Kowanyama and Coen. I had some expectation that I would encounter high levels of violent crime in the Magistrate Bentley communities, however, so far most of the matters I’ve It has been a whirlwind five months since I received dealt with have involved public nuisance and driving the phone call from the Attorney-General in April and offences. was appointed as a magistrate in the idyllic location of Cairns. The staff at the courthouses are very obliging and the community justice groups at Cairns and in the A very learned colleague recently told me that there communities provide an invaluable resource to the is no learning curve involved in being a magistrate - court. The elders and others involved do a fantastic job the line goes straight up, and this has certainly been for very little remuneration. my experience. The Magistrates Court deals with an astonishing variety of matters and I have no doubt that I I have been especially fortunate to have the assistance will be learning for as long as I am here. of the court clerks who keep me on track, organise my day and tell me where to go on circuit. Without them I Luckily for me, my colleagues have supported would (literally, in some instances) have been lost. and assisted me in every possible way. The Cairns Magistrates Court has eight permanent magistrates, So, thanks to my colleagues and the fabulous court and including a coroner. All of them patiently give me advice support staff, my first five months have been a great, if whenever I ask for it, which has, so far, been on many challenging, experience and I look forward to (since the occasions. raising of the retirement age) the next twenty-five years.
As well as their invaluable advice, I have already had opportunities to attend judicial education programssuch as the Magistrates Conference in Brisbane and the Regional Conference in Ipswich where I benefited from the collective wisdom and experience of magistrates from all over the state, as well as from District and Supreme Court Judges.
I also attended the Phoenix program on the Gold Coast in August 2010. It was a fantastic conference for new magistrates and I left feeling more confident and better equipped to deal with the myriad of issues and circumstances which can arise in our busy courts.
Cairns magistrates sit on circuit more than any other region in the state. So far, I have been to Cape York twice – doing the “Cape A” circuit. That circuit involves sitting in Weipa, Kowanyama and Coen. Never having been to Weipa before, I was surprised at what a Sunset at Weipa
Magistrates Court of Queensland | Annual Report 2009–2010 | 31 Court performance by jurisdiction
Bowen Courthouse
The Magistrates Courts are the court of summary In addition to the founding Justices Act 1886 and jurisdiction for the state of Queensland. Magistrates Courts Act 1921, there are a number of other pieces of legislation that establish a variety of They are established in law by the Justices Act 1886 and jurisdictions within the Magistrates Courts. Each of the Magistrates Courts Act 1921. Essentially the Justices these Acts essentially limits the Court to dealing with Act 1886 provides for the Magistrates Courts in the particular kinds of matters within a specialist court that conduct of criminal proceedings, and the Magistrates uses a modified set of rules. Examples are the Childrens Courts Act 1921 provides for the Magistrates Courts in Court Act 1992 which establishes the Childrens Court the conduct of civil proceedings. jurisdiction, and the Industrial Relations Act 1999 which Out of all the courts in Queensland it is the Magistrates establishes the Industrial Magistrates Court jurisdiction. Courts that most people will have contact with; over Covering these various jurisdictions the Magistrates 90 per cent of all matters that go before a Court in Courts are required to deal with an extensive number of Queensland do so before a Magistrates Court. offences, claims, applications and appeals incorporated While the Magistrates Courts finalises the vast majority in well over 300 different pieces of legislation from of offences dealt with in the criminal justice system, the Federal, state and local governments. more serious criminal matters dealt with in the Supreme The work of the Magistrates Courts is generally broken and District Courts of Queensland are also commenced up into the following jurisdictions: Criminal, Civil, Youth in the Magistrates Courts. After the charges are tested Justice, Domestic and Family Violence, Commonwealth, in the Magistrates Courts through a committal hearing Industrial and Coronial. they are sent to the Supreme or District Courts where they are finalised.
32 | Magistrates Court of Queensland | Annual Report 2009–2010 Criminal jurisdiction
Gayndah Courthouse
Approximately 96 per cent of all criminal matters in The total number of criminal charges dealt with by the Queensland are dealt with by the Magistrates Courts. Magistrates Courts in the year of reporting is 366,381. This is an increase over last year of 5,812 (+1.61 per cent). The overwhelming majority of the work of the Magistrates Courts involves criminal and quasi-criminal matters. Graph 1: Defendants in Criminal Proceedings These matters are dealt with in the Magistrates Courts as constituted under the Justices Act 1886. 220000 The Magistrates Courts hear and determine all State 210000 and Commonwealth summary offences. They also hear and determine a wide range of indictable offences. If 200000 the court does not have the jurisdiction to deal with an indictable offence then it conducts a committal hearing 190000 Youth to determine if there is sufficient evidence to have the 180000 matter proceed to the District Court or Supreme Court Adults for determination. 170000
The total number of defendants dealt with by the 160000 04-05 05-06 06-07 07-08 08-09 09-10 Magistrates Courts in the year of reporting is 214,491. Financial Year This is an increase over last year of 4,992 (+2.38 per cent).
Magistrates Court of Queensland | Annual Report 2009–2010 | 33 The total figure includes both adult and juvenile Graph 2: Charges in Criminal Proceedings defendants. In relation to adult defendants 202,966 380000 adults were dealt with on 340,878 charges. This is an increase in the number of adult defendants over last year 360000 of 3,531 (+1.77 per cent) and an increase in the number Youth of charges from last year of 2,966 (+0.87 per cent). 340000 In relation to juvenile defendants 11,525 young people were dealt with on 25,503 charges. This is an increase 320000 Adults in the number of juvenile defendants from last year of 300000 1,461 (+14.51 per cent) and an increase in the number of charges from last year of 2,846 (+12.56 per cent). 280000 04-05 05-06 06-07 07-08 08-09 09-10 Financial Year
Moynihan Roundtable Initiated and chaired by the Chief Magistrate, Judge Butler, the first Roundtable was held on 22 December 2009. The Moynihan Roundtables, as they have become known, have been, and continue to be an important mechanism for identifying workable business operating processes to support the legislative reforms introduced by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010.
Roundtable members include the Deputy Chief Magistrate, Brian Hine and Magistrate Christopher Callaghan; the Director of Public Prosecutions, Tony Moynihan SC; the Chief Executive Officer, Legal Aid Queensland, Anthony Reilly; Deputy Commissioner of Police, Ian Stewart and representatives of the following agencies: Queensland Police Service; Queensland Corrective Services, Legal Aid Queensland (including Aboriginal and Torres Strait Islander Legal Service), the Queensland Law Society, the Bar Association of Queensland, Department of Communities and Department of Justice and Attorney-General.
Key achievements to date include draft Administrative Arrangements which outline the division of responsibility between prosecuting entities in criminal matters; options for provision of legal assistance to defendants in criminal matters; the new disclosure and committal regimes; the way in which ex officio indictments may proceed; and principles of early communication and continuity from first appearance to conclusion of criminal matters.
A single Administrative Arrangement for the whole of Queensland is expected to be signed by key stakeholders in time for commencement of the Act. This will be supported by Practice Directions issued by the Chief Magistrate in consultation with Roundtable members.
The innovative solutions identified, robust discussions held and compromises negotiated within this group mean that these Roundtables will continue into 2010-11.
34 | Magistrates Court of Queensland | Annual Report 2009–2010 The workload in the criminal jurisdiction continues Civil jurisdiction to grow. While it translates as a seemingly small increase of just above 2 per cent over the last year, that The Magistrates Courts, as established by the represents almost 5,000 more people who appeared Magistrates Court Act 1921, may determine civil claims before the Magistrates Courts than the year before, up to a value of $50,000. without an increase in resources. In addition to the basic type of all encompassing claim It is inevitable that the criminal workload of the this includes two types of limited claims called Minor Magistrates Courts will increase through factors Debt Claims and Small Claims. such as: A Minor Debt Claim can be made for a value of up to • the general population increase—the population in $7,500 and is a more cost-effective and less formal Queensland continues to grow at a rate above the method of resolving a civil dispute than the normal type national average of claim, however it is limited to debts or liquidated claims. It uses a simplified procedure where the usual • the implementation of the recommendations strict rules of evidence do not apply in the hearing, from the 2008 Review of the Civil and Criminal lawyers are not involved and there is no appeal allowed Justice System conducted by Retired Justice against the result. Martin Moynihan AO QC—the government has accepted and is in the process of implementing A Small Claim is heard in the Small Claims Tribunal, as recommendations from the Review to increase established by the Small Claims Tribunals Act 1973, the range of offences able to be dealt with by and may be for a value of up to $7,500. It too is a more the Magistrates Courts. The Civil and Criminal cost-effective and a less formal method of resolving Jurisdiction Reform and Modernisation Amendment civil disputes than the normal type of Claim, however Act 2010 which incorporates the first phase of these it is limited to residential tenancy disputes, disputes changes has been passed by parliament and will between consumers and traders, claims for damages take effect from 1 November 2010. The Magistrates arising out of the use of a motor vehicle and warranty Court will be empowered to hear more cases claims under the Property Agents and Motor Dealers Act summarily including more serious offences than it 2000. When the Small Claim is lodged it is immediately has had to deal with before. It is expected this will given a hearing date and at the hearing the usual strict result in the Court dealing with matters of increased rules of evidence do not apply, lawyers are not involved complexity and length. A reduction in the committal and there is no appeal allowed against the result. workload is expected to offset some of the extra On 1 December 2009 the Queensland Civil and work, however it is anticipated that overall the Administrative Tribunal (QCAT) commenced and took implementation of the Review recommendations will over the hearing of Minor Debt Claims and Small Claims, increase the criminal workload of the Magistrates grouping them in their Minor Civil Disputes jurisdiction. Courts. In South-East Queensland members of QCAT hear these minor civil disputes however in the rest of Queensland magistrates continue to hear these matters on behalf of QCAT.
Magistrates Court of Queensland | Annual Report 2009–2010 | 35 During 2009–10: The monetary limits in the civil jurisdiction have been in force for a number of years, however the Government • a total of 41,061 claims were dealt with in the has accepted and is in the process of implementing Magistrates Courts. This figure incorporates all recommendations from the 2008 Review of the Civil and Claims, Minor Debt Claims and Small Claims. This is Criminal Justice System conducted by Retired Justice a decrease from last year of 19,006 (-31.64 per cent). Martin Moynihan AO QC which include an increase in Minor Debt Claims and Small Claims were taken the monetary limits. The Civil and Criminal Jurisdiction over by QCAT, which commenced operations on 1 Reform and Modernisation Amendment Act 2010 which December 2009. incorporates the increase in the monetary limits for • the number of claims dealt with was 30,695, an the Supreme, District and Magistrates Courts civil increase over last year of 1,411 (+4.81 per cent). jurisdiction has been passed by parliament and will take • the number of Minor Debt Claims dealt with was effect from 1 November 2010. 5,130, a decrease over last year of 9,407 (-64.71 per The additional claims the Magistrates Courts will deal cent). Minor Debt Claims were taken over by QCAT in with will of course be larger than any they have had December. to deal with previously. This increase in monetary • the number of Small Claims dealt with also jurisdiction will obviously impact on the workload of the decreased to 5,236, which is 11,010 less than last Magistrates Courts. year (-67.77 per cent). Small Claims were also taken over by QCAT.
Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal (QCAT) commenced on 1 December 2009 under the Queensland Civil and Administrative Tribunal Act 2009.
QCAT is an entity apart from the Magistrates Courts and produces its own annual report.
QCAT has many jurisdictions however its largest jurisdiction is Minor Civil Disputes. This is an amalgamation of the Minor Debt and Small Claims jurisdictions that were previously a part of the Magistrates Courts. On 1st December 2009 when QCAT commenced the Magistrates Courts lost that portion of its work. Statistics in relation to Minor Civil Disputes will be reported in the annual report of QCAT.
While minor civil disputes are now in the QCAT jurisdiction and in South-East Queensland members of QCAT hear the minor civil disputes, in the rest of Queensland magistrates hear minor civil disputes as members of QCAT. Magistrates outside of South-East Queensland are continuing to hear these same matters just as they were before the change to QCAT.
From 1 December 2009 to the end of the reporting period Magistrates dealt with 5758 Minor Civil Disputes on behalf of QCAT.
36 | Magistrates Court of Queensland | Annual Report 2009–2010 Domestic and family violence
Pomona Courthouse
The purpose of the Domestic and Family Violence The police often assist the aggrieved person in their Protection Act 1989 is to provide for the safety and applications to the Court by appearing for them. The protection of people from further violence in a domestic police also have a responsibility to make applications relationship through the making of Protection Orders. for Protection Orders if they witness domestic violence. It covers physical, emotional and financial violence In many centres Domestic Violence Support Services committed in spousal, intimate personal, family and are available and they are of great benefit to the informal care relationships. aggrieved person. This is a demanding area for the Courts as the parties During 2009–10, applications for protection orders are often self-represented, distraught at having details lodged in Queensland increased to 22,754, an increase of their personal lives aired in Court, emotional in the of 1,685 lodgements (+7.99 per cent) over the previous face of a breakdown of the relationship to which the year. application relates, anxious about the future and they may be in fear of their safety.
The importance of Protection Orders is well recognised - they not only provide for the safety and security of the aggrieved person but also provide an element of control and stability which helps them to carry on with their lives.
Magistrates Court of Queensland | Annual Report 2009–2010 | 37 Commonwealth Commission. This reduction in workload will help to offset the increased workload in the Magistrates Courts The Judiciary Act 1903 (C’th) provides that state courts due to the expanded criminal and civil jurisdictions. hold their same jurisdiction in relation to people who Under the Workplace Health and Safety Act 1995 the are charged with offences against the laws of the Court dealt with 112 defendants who were charged Commonwealth. While the proceeding is conducted with a total of 127 charges. That is a reduction of 31 according to state laws it is the Crimes Act 1914 (C’th) defendants (-21.67 per cent) and 24 charges (-15.89 per that sets out the sentencing provisions. cent) from last year. The main areas dealt with by the court under Under the Electrical Safety Act 2002 the Court dealt with Commonwealth legislation are to do with taxation, 34 defendants who were charged with a total of 119 social security and customs. charges. That is an additional nine defendants (+36 per The number of charges dealt with by the Magistrates cent) and a reduction in charges of three (-2.45 per cent) Courts during 2009–10 was 9,621, which is a decrease of from last year. 1,048 (-9.82 per cent) over last year.
The number of defendants dealt with was 3,276, which is a decrease of 390 (-10.63 per cent) over last year.
Industrial Magistrates Court The Industrial Relations Act 1999 authorises every magistrate in Queensland to sit as an industrial magistrate.
The matters industrial magistrates hear are: appeals against decisions of Q-Comp, wage claims and prosecutions that relate to workplace health and safety and electrical safety.
The number of appeals against decisions of Q-Comp dealt with by the Court throughout 2009–10 was 239, which is a decrease of 16 (-6.27 per cent) over last year.
The Industrial Magistrates Court shares the jurisdiction to hear these appeals with the Industrial Commission. The Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010, which will take effect from 1 November 2010, removes the ability for an Industrial Magistrate to hear these appeals leaving the jurisdiction solely in the hands of the Industrial
38 | Magistrates Court of Queensland | Annual Report 2009–2010 Childrens Court can address the harm caused. The vast majority of these conferences are successful and result in all parties, The Childrens Court is established under the Childrens including the victim, being satisfied with the outcome of Court Act 1992 and provides for the appointment of a the proceeding. Childrens Court Magistrate. Magistrate Dowse is the Child protection applications are heard in the Childrens Childrens Court Magistrate and sits at the Brisbane Court, however, urgent applications may be made after Childrens Court. The Act allows that any magistrate may hours by telephone or fax. Many of these applications constitute a Childrens Court when required. are contested, but a large portion are resolved in court In addition to its criminal jurisdiction under the Youth ordered conferences. Justices Act 1992, the Childrens Court exercises civil During the reporting year 3,532 child protection jurisdiction mainly under the Child Protection Act 1989, applications were lodged, a decrease of 543 (-13.32 but also under other legislation such as the Child per cent) over last year. Protection (Offender Prohibition Order) Act 2008 and the Adoption of Children Act 1964. Further information about the operations of the Childrens Court can be obtained from the Childrens The Youth Justice Act 1992 was formerly known as the Court of Queensland Annual Report. Juvenile Justices Act 1992, and that was its name at the start of the period covered by this report. On 29 March 2010 there were a number of amendments made to the Act, including the change of its title. The Youth Justices Act 1992 provides comprehensive law for dealing with young people who are charged with offences including the diversion of young people from the criminal justice system by such methods as police issuing cautions or courts ordering Youth Justice Conferencing.
As indicated under the heading Criminal Jurisdiction, during 2009–10, 11,525 young people appeared before the Childrens Court on a total of 25,503 charges. This is an increase from last year of 1,461 young people (+14.51 per cent) and 2,846 charges (+12.56 per cent). Childrens Court Magistrate The Magistrates Court deals with virtually all Childrens Pam Dowse Court criminal matters, either finalising them or conducting a committal hearing before they are referred to the District Court, Supreme Court or Childrens Court of Queensland Judge. Childrens Court Magistrates finalised over 92 per cent of all Childrens Court criminal matters.
Youth Justice Conferencing is a form of court diversion where the young person and their victim are brought together to discuss the offence and its impact on the victim and the community and how the young person
Magistrates Court of Queensland | Annual Report 2009–2010 | 39 Coroners Court Office of the State Coroner The Coroners Court is established under the Coroners The Office of the State Coroner (OSC) supports the State Act 2003 which requires the investigation of particular Coroner in administering and overseeing a co-ordinated kinds of deaths. The Act establishes the role of the State coronial system in Queensland. The OSC provides Coroner who is responsible for overseeing and co- legal and administrative support to the State Coroner, ordinating the coronial system. State Coroner Barnes is the Deputy State Coroner, the Brisbane Coroner, the assisted by Deputy State Coroner Clements in this task. Northern Coroner, the Southern Coroner and local Additionally there are three regional Coroners: coroners and registry staff in Magistrates Courts across Magistrate Lock is the Brisbane Coroner; Magistrate the state. The Office also provides publicly accessible Priestley is the Northern Coroner located at Cairns; and information to families and others about coronial Magistrate Hutton is the Southern Coroner, located at matters, as well as maintaining a central point of contact Southport. for the coronial system.
In addition to the full-time coroners all magistrates hold The Registrar of the OSC is Brigita White. The OSC an appointment as a coroner under the Coroners Act comprises 30 staff members. Of these, 22 are based in 2003 and are able to carry out inquests. Brisbane, four in the Northern Coroner’s Office in Cairns and four in the Southern Coroner’s Office in Southport. During 2009–10 the number of deaths reported to coroners across Queensland was 4,256, which is an The Coroners Case Management System (CCMS) increase over last year of 511 (+13.64 per cent). commenced operation on 1 July 2009. This custom designed system significantly enhances the case Coroners held 78 inquests during the reporting year, management of coronial files and provides more which is an increase over last year of nine (+13.04 per accurate information about deaths reported to coroners. cent). The CCMS also interfaces with the National Coroners Further information in relation to the Coroners Court Information System to improve the quantity and quality may be found in the Office of the State Coroner annual of Queensland data. System enhancements were report. released in June 2010 to build on CCMS’ functionality.
In November 2009, the Coroners and Other Acts Amendment Act was enacted and made a range of mainly technical and procedural amendments to the Coroners Act 2003. The OSC was responsible for implementing the changes by advising stakeholders and court staff about the changes and revising forms and all publicly available information.
The OSC is responsible for administering the Burials Assistance Scheme and the Conveyance of Bodies program through the management of contracts with funeral directors and local authorities across the state. During 2009-10, the OSC commenced the tender and State Coroner Michael Barnes evaluation process for new government undertaker contracts in preparation for the expiration of existing
40 | Magistrates Court of Queensland | Annual Report 2009–2010 contracts in December 2010. This process has included clarifying contractor boundaries which will assist in improving the provision of services across the state.
The Office of the State Coroner has also participated in regular forums with key stakeholders including Queensland Health, the Queensland Police Service, the Health Quality and Complaints Commission and representatives of the funeral industry, with a view to improving communication and interaction with our coronial partners.
Magistrates Court of Queensland | Annual Report 2009–2010 | 41 Innovative courts and programs
The Magistrates Courts and the Department of Justice • Murri Courts (17 sites including five funded and Attorney-General have been working together to evaluation sites at Brisbane, Caboolture, Townsville, find new ways to address crime-related social problems Mount Isa and Rockhampton) such as drug and alcohol dependency, homelessness • Community justice groups (52 funded groups and and other elements of social disadvantage that have eight unfunded groups) led to the over-representation, in the criminal justice system, of people experiencing these conditions. To • Queensland Indigenous Alcohol Diversion Pilot achieve this, a number of strategies and initiatives have Program (Cairns, Townsville and Rockhampton with been developed over the past few years. outreach to Yarrabah, Palm Island and Woorabinda)
In May 2006, the Courts Innovation Programs Unit was • R emote Justice of the Peace (JP) Program with eight created within the Queensland Magistrates Courts discrete indigenous communities conducting JP to bring these strategies and initiatives together. Courts: Aurukun, Cherbourg, Kowanyama, Lockhart Administrative and court resources support the efforts River, Mornington Island, Bamaga, Woorabinda and of ‘mainstream’ courts to develop and provide these Pormpuraaw. initiatives and an expanding range of programs to A description of the first four programs follows, while address specific crime-related social problems. The the other programs are described in the Indigenous role of this unit is to co-ordinate and support the Justice section. various diversion programs, based on the principles of ‘therapeutic jurisprudence’, which have been developed by the Court to address some of the underlying factors Special Circumstances Court which precipitate repeated criminal behaviour.
Given their experimental nature, the programs Diversion Program supported by the unit have been run as pilot programs, The pilot Homeless Persons Court Diversion Program initially in a limited number of locations, for a set period commenced in May 2006 in the Brisbane Magistrates of time. During the trial period, each initiative is fully Court district. Under the Queensland Governments evaluated to determine its viability. Responding to Homelessness Initiative the program received funding as a two-year pilot ending in 2008. The current initiatives supported by the unit are: In December 2008 the expanded Homeless Persons • Special Circumstances Court Diversion Program Court Diversion Program received further funding of (Brisbane) $1.1M to cover its first year of operation, and $1.3M per • Drug Courts in North and South-East Queensland year to cover the second and third years of the pilot. (Cairns, Townsville, Southport, Ipswich and The Special Circumstances Court deals with people Beenleigh) who have committed minor offences whose personal • Illicit Drugs Court Diversion Program (All courts) circumstances, such as mental illness, intellectual impairment, and/or homelessness have contributed to • Queensland Magistrates Early Referral Into their offending behaviour. Treatment (QMERIT) drug diversion pilot program (Maroochydore and Redcliffe). Convening on Wednesdays, Thursdays and Fridays at the Brisbane Magistrates Court, 363 George Street, this Court provides a separate path through the court
42 | Magistrates Court of Queensland | Annual Report 2009–2010 process for adults pleading guilty to summary offences Drug Courts who are: Drug Courts are now in their eighth year of operation in • homeless, or at risk of being homeless; or North Queensland, and their tenth year in South-East • suffer from impaired decision-making capacity as a Queensland. They were established under the Drug result of mental health issues, intellectual disability Court Act 2000 to impose and oversee Intensive Drug or brain/neurological disorders. Rehabilitation Orders (IDROs) and are an attempt to break the drugs-crime-imprisonment cycle for serious The program’s objective is to divert people assessed drug users. Drug Courts are at the ‘hard end’ of the as eligible for the Special Circumstances Program, who court-sanctioned drug diversion spectrum. They provide are charged with summary offences, to relevant support intense rehabilitative intervention and supervision as an services, such as health and accommodation services, alternative to immediate imprisonment for entrenched and to interrupt the cyclical nature of their offending drug-dependent offenders whose dependence on illegal by addressing the underlying causes of their offending drugs leads them into criminal behaviour. behaviour. Drug Courts are set up to achieve five specific goals: The diversion program continues to assist defendants by case-working with them towards permanent • to reduce the illicit drug-dependence of offenders accommodation, and social needs. The program also • to reduce the criminal activity associated with illicit continues to assist defendants with lifestyle issues drug use which are frequently another reaction to their inability to secure permanent housing. • to reduce the health risks associated with illicit drug use by offenders Since the commencement of the pilot, 1,369 people have been referred to the diversion program, of which • to promote the rehabilitation of drug offenders and 773 referrals were assessed as eligible. As at July 2010, their reintegration into the community there are 114 defendants active in the program. • to reduce the pressure on court and prison systems.
While the Department of Justice and Attorney-General is the lead agency for the Drug Courts, the program represents a joint initiative involving six other state public sector partners (Queensland Health; Queensland Corrective Services; Queensland Police Service; Legal Aid Queensland; Department of Communities; Housing and Homelessness Services), as well as non-government community-based service providers.
The length of each Drug Court Order is based on the individual offender’s circumstances; however most offenders who persevere on the program take about 15 months to complete all of the three phases – detoxification, stabilisation, and reintegration. While on the program, participants may be required to undergo rehabilitation in a residential centre setting, or they may be required to undertake community-based
Magistrates Court of Queensland | Annual Report 2009–2010 | 43 intervention. A supported-accommodation setting is At 30 June 2010, there were 144 participants still subject also available to assist in re-establishing appropriate to an IDRO, of which 117 were actively participating in resettlement goals in the short term. the Drug Court program.
To graduate from the program, participants are Table 1: Drug Court supervised participants by region, required to have achieved a substantial period of as at 30 June 2010 abstinence from illicit drugs and be either employed or have developed job-readiness skills by the end of the Southeast Townsville Cairns intervention. Queensland Number enrolled 99 29 16 The Drug Court program has been subject to a number Number in community 52 22 12 of evaluations over the period of its development. The most recent being a study published in March 2008 Number in residential 23 5 3 rehabs by the Australian Institute of Criminology (AIC) into the recidivism of the first one hundred graduates of Number absconded 24 2 1 (warrants) the program. The study found that graduates’ general offending declined by around 80 per cent compared Total number referred 1,683 342 251 to the twelve month period prior to their undertaking Total ineligible candidates 634 115 100 the program. This recidivism outcome is 17 per cent Total IDROs granted 1,023 214 138 higher than that of two comparison groups – those Drug Total number terminated 666 122 83 Court participants who did not finish the program, and Total number graduated 260 60 40 a separate offender sample who had been sentenced to immediate imprisonment for similar drug-related At 30 June 2010, 31 participants were accommodated in offences. The study also found that after graduating the specialised residential Rehabilitation Centres such as rate of property-related offending by graduates declined Mirikai, Moonyah, Logan House, Fairhaven, Goldbridge by 94 per cent compared with the pre-program period. and Goori House in South-East Queensland and Stagpole Street, Ozcare and Salvation Army facilities in During the reporting year 2,276 referrals were made North Queensland; 31 participants were accommodated to the Drug Court, from which 1,375 Intensive Drug in Accommodation Support Programs in both regions. Rehabilitation Orders (IDROs) were made in the five Queensland Magistrates Courts that offer the program. At this time 849 ineligible candidates were returned Illicit Drugs Court Diversion to the mainstream courts for sentencing. Although 360 participants have successfully graduated from Program the program, 871 participants have been terminated from the program and sentenced, having been unable The Illicit Drugs Court Diversion Program, funded by to remain drug and offence free, despite the intense the Commonwealth Department of Health and Aging supervision and support provided to them. through the Queensland Illicit Drug Diversion Initiative, began in the Brisbane Magistrates Court district in Because graduates have persevered on the program to March 2003, and was rolled out in all Queensland completion, they have been sentenced, on graduation, Magistrates Courts in July 2005. to alternatives to actual imprisonment; consequently, the community has been saved the cost of resources The Illicit Drugs Court Diversion Program is for offenders equivalent to 538 years of actual imprisonment time. appearing in court in the early stages of drug-related criminal behaviour. Initially, the program was offered
44 | Magistrates Court of Queensland | Annual Report 2009–2010 to eligible offenders charged with minor drug offences The compliance rate for counselling session attendance under section 9 (possession of a dangerous drug) has consistently averaged 90 per cent. In default of and section 10(2) (possession of a drug utensil) of compliance, action is taken to forfeit the offender’s the Drugs Misuse Act 1986. However, the scope was recognisance and re-sentence the offender by the court. expanded when legislation was passed in September A detailed review of recidivism patterns of program 2007, allowing offenders charged under section 10(4) graduates was undertaken in November 2007. An of the Act (fail to dispose of a syringe and fail to take analysis of all age groups, including juveniles, was reasonable care with a syringe) to be included on the examined for the period 2003 to 2007. The results program. indicate that the re-offending rate for program This diversion program allows adult and juvenile graduates is significantly lower (30 per cent) for first- offenders the option of rehabilitation through time offenders compared with program graduates with counselling and an opportunity to minimise their a history of court appearances (67 per cent). These criminal history record because successful completion figures indicate that program participation, at least in of the program means no conviction is recorded. The the short term, could be a factor in reducing or delaying court places suitable candidates on a Recognisance further illicit drug use and criminal drug activity. Order (also known as a good behaviour bond), under section 19(1)(b) of the Penalties and Sentences Act 1992, with a condition to attend a drug assessment and Queensland Magistrates education session. A qualified health service provider then conducts the combined assessment, education Early Referral Into Treatment and counselling session with the offender, which is Program usually of about two hours duration. The offender is also provided with information and advice on the health The Queensland Magistrates Early Referral Into effects of illicit drug use and the legal consequences of Treatment program (QMERIT) commenced in August continued use. 2006 with pilot programs in the Maroochydore and Redcliffe Magistrates Courts. The program is funded by Table 2: summary of statistical information Illicit Drugs the Commonwealth Department of Health and Aging Court Diversion Program in support of the Queensland Illicit Drugs Diversion Initiative. QMERIT is for offenders with moderate drug offending histories. It encourages individuals Total Diversion Assessments who are charged with drug-related offences to take 24,668 responsibility for their drug-related behaviour and undertake treatment for their illicit drug-use problems Result: Result: while they are on bail and before they are sentenced. Not Diverted Diverted into Program 2,800 21,868 The QMERIT program is based on legislative amendments (section 11(4)) made to the Bail Act 1980
Diversion Program Diversion Program Diversion Process which allows magistrates to impose on a defendant, as Completed Terminated Incomplete 19,644 (90%) 2,067 (9.3%) 157 (0.7%) a condition of bail, participation in a treatment program for a minimum of four months and, if required, to submit to an after-care program. This is a voluntary form of pre-sentence diversion program and is an alternative to
Magistrates Court of Queensland | Annual Report 2009–2010 | 45 imposing treatment as a condition of sentence, such as the Drug Court program.
While on bail, the offender is obliged to engage in a drug treatment program, abide by any other conditions of bail and comply with the QMERIT Court Liaison and Case
Management Service Agreement. Participants have the Maroochydore Redcliffe support and guidance of a caseworker and are required Total: admitted to Program 367 254 to appear monthly before the magistrate throughout the Current participants 37 23 bail period, during which time the magistrate receives Completed, not graduated (not drug free) 42 26 reports on the progress of the treatment. Breached 65 90 Table 3: outcome statistics of offenders referred to Withdrew 62 18 QMERIT at Maroochydore and Redcliffe Transferred 1 0 Graduated 160 97 Maroochydore Redcliffe
Total: All referrals 680 502 Maroochydore Redcliffe Eligible referrals: admitted to Program 367 254 Total: principal drug of concern 680 502 Ineligible referrals: (reason) 98 65 Cannabis 329 267 (Charged with indictable offences) (46) (9) Amphetamines 170 102 (Not an adult) (3) (2) Opiates 80 4 (No demonstrable drug problem) (14) (23) Poly drug 29 112 (Not eligible for bail) (30) (28) Other 72 17 (Sexual violent offences) (5) (3) Unsuitable referrals: (reason) 208 179 An evaluation of the program by Turning Point Drug and Alcohol Centre was due for completion in 2008, but has (Resides outside of effective treatment area) (18) (1) been extended and is now due in October 2010. (Already in court ordered treatment) (9) (5) (Mental health problem) (8) (12) (Unwilling to participate) (161) (84) (Other) (12) (77) Pending assessment referrals: 7 4
46 | Magistrates Court of Queensland | Annual Report 2009–2010 Indigenous justice
Courts held in indigenous This support to the Magistrates Court circuit assists greatly with improving communication between communities members of the Aurukun community and magistrates and judges, as well as other service providers and To convene Courts at indigenous communities, agencies. magistrates fly and drive to remote and rural areas that are located from the South-West corner of Queensland to islands in the Torres Strait. Community justice groups By holding Court in these remote communities, the Community justice groups (CJG) have been operating in local residents can observe the justice system at work urban and remote communities since 1993. which leads to greater trust and respect. In addition, the magistrate has access to critical information from There are two types of CJG — statutory and non- the community which ensures that the Court is fully statutory. The statutory CJGs operate in discrete informed and that the offender is dealt with fairly. indigenous communities, usually in remote areas and are established by regulation under the Aboriginal and The Magistrates Court recognises that it must have Torres Strait Islander Communities (Justice, Land and support, trust and respect from the indigenous Other Matters) Act 1984. This act confers a legislative community if it is to make a meaningful difference to role on the CJGs, in dealing with alcohol management the offender and the quality of life in that community. issues. Non-statutory CJGs operate in both urban and regional areas of Queensland. Indigenous language Each CJG is made up of volunteers from the elders and respected persons in the community. The co-ordinators interpreters of each group receive administrative support from a Regional Advisor employed by the Department In indigenous communities, language can be a barrier of Justice and Attorney-General. New groups have to offenders’ understanding of how the legal process been established in Goondiwindi and Tully-Cardwell, works, the reason why they are before the Court and the increasing the number to 52. The main aims of these reasons for the decisions of the magistrate. Apart from groups are to: the magistrate using language that is easily understood by the offender, the Court often needs an indigenous • dev elop networks with agencies in their respective language interpreter to help communicate with the community to ensure that issues affecting offender. Therefore, it is appreciated that, during indigenous communities are addressed and have 2008, the Attorney-General initiated an indigenous a particular focus on the development of crime interpreters’ accreditation project in Aurukun. prevention programs
Wik Mungkan Interpreters have successfully supported • support indigenous victims and offenders at all the Aurukun Circuit Court on a monthly basis since stages of the legal process November 2008. They are engaged to provide • suppor t group members to participate in court interpreting support during the three consecutive court hearings and sentencing processes as required by sitting days each month, which include a callover and statute Childrens Court.
Magistrates Court of Queensland | Annual Report 2009–2010 | 47 • encourage diversionary processes such as civil and Cairns, Doomadgee, Charters Towers, Townsville, Mount criminal mediation, youth justice conferencing, Isa, Cloncurry, Rockhampton, Maryborough, Cherbourg, community service orders and supervised orders Brisbane, Kowanyama, Pormpuraaw, Napranum and Cunnamulla. • advise the relevant government agencies on issues about the possession and consumption of alcohol in Many CJGs have benefited from the training by acquiring a community area (Statutory groups only). new skills and improving existing performances, particularly in areas such as organisational Under the Penalties and Sentences Act 1992, Youth management, roles and responsibilities of board Justices Act 1992, Childrens Court Act 1992 and the Bail members, financial management and accountability. Act 1980, when dealing with Aboriginal and Torres Strait Islander offenders in Queensland, judicial officers must take into consideration the submission of interested Communication with justice groups local CJGs. As already highlighted, the community justice groups, During 2009-10, CJGs assisted more than 43,000 clients including the elders and respected persons, are the and made more than 4,000 oral and written submissions cornerstone of a partnership between indigenous to the court. communities and the magistrates who sit in them. Information is provided to magistrates who are sentencing This year, the state-wide Community Justice Reference indigenous offenders because under the Penalties and Group met three times, which provided an opportunity Sentences Act 1992 and the Youth Justice Act 1992 they to consult on the new Aboriginal and Torres Strait are required to consider relevant submissions from Islander Justice Strategy and the future Murri Court Community Justice Groups, including elders and and Queensland Indigenous Alcohol Diversion Program respected persons. Magistrates use this information to model. deliver decisions more likely to result in positive lifestyle The CJG program is being independently evaluated changes for offenders. As a result, benefits then flow to by KPMG and will undertake a review of practice, their family and the community in general. operations, policy and legislation related to the Through consultation, during the court process, with operation of the program. They will also identify CJGs, elders and other respected persons, magistrates strategies to guide the future direction of CJGs. are assisted in making culturally appropriate decisions. The evaluation is expected to be completed by 30 By understanding the issues in the community that September 2010. result in offending behaviour, magistrates can then support CJGs in their efforts to rehabilitate offenders, Certificate IV in Business Governance advance positive lifestyle and behaviour change, and At the end of 2008, a partnership was formed between restore community values. CJGs are in the best position the Department of Justice and Attorney General and the to assess the need for initiatives which rehabilitate North Brisbane Institute of TAFE to deliver Certificate individuals and repair fractured family relationships. IV in Business (Governance) courses to members of Importantly, the CJGs are a vital link between the court Community Justice Groups across Queensland. and offenders as they can help the offender better During 2009-10, 35 students have been awarded with understand the court process. The offender is an active a Certificate IV in Business (Governance). Successful participant in the process if required to confront the students belong to Community Justice Groups from elders of their community and accept responsibility for Lockhart River, Kuranda, Yarrabah, St George, Mossman, their behaviour.
48 | Magistrates Court of Queensland | Annual Report 2009–2010 Justices of the Peace The features of the QIADP criminal justice stream include: The Remote Justices of the Peace (JP) Magistrates Court • bail-based pre-sentence program (can still plead not program offers Aboriginal and Torres Strait Islander guilty at end of program) people opportunities to play positive roles within the justice system and their communities. • voluntary 20-week program designed to reduce alcohol consumption which leads to criminal and In participating indigenous communities, two JPs parental neglect behaviours constitute court in the absence of a magistrate. • eligibility is determined by the magistrate (must The JPs have the responsibility for hearing and be at least 17 years old, be of indigenous descent, determining charges relating to simple offences or eligible for bail, and be charged with offences that indictable offences which might be dealt with summarily can be dealt with summarily) where there is a guilty plea, and hear bail and domestic violence applications. • suitability is determined by an Alcohol, Tobacco, and Other Drugs Service clinical assessment (motivation, The program commenced in 1993 at three sites: programs required and availability) Kowanyama, Bamaga and Thursday Island. • participants are placed on an Individual Treatment Since then, 18 communities have received training: Plan developed by Queensland Health which Aurukun, Badu Island, Northern Peninsula Area, has input from Community Justice Groups and Cherbourg, Doomadgee, Hope Vale, Kowanyama, indigenous service providers Lockhart River, Mornington Island, Mer Island, Mapoon, Napranum, Palm Island, Pormpuraaw, Thursday Island, • the Plan is endorsed by the Court and the defendant Woorabinda, Wujal Wujal and Yarrabah. is placed on bail on condition they participate in the QIADP program JP Courts are held regularly in Aurukun, Cherbourg, Kowanyama, Lockhart River, Mornington Island, • successful completion must be taken into Bamaga, Woorabinda and Pormpuraaw. consideration by the magistrate when the defendant is ultimately sentenced (Penalties and Sentences Act 1992 section 9 (2)(o) applies). Queensland Indigenous Alcohol During the reporting year 793 participants were referred Diversion Program to Queensland Health for assessment. Of these 716 were referred through the criminal justice stream and 77 The Queensland Indigenous Alcohol Diversion Program through the child safety stream. (QIADP) began in July 2007 as a three-year pilot at Cairns (including Yarrabah), Townsville (including Palm From commencement to 30 June 2010, there have been Island), and Rockhampton (including Woorabinda). The 154 participants who have graduated from the program, goal is to improve indigenous health and reduce the 138 through the criminal justice stream and 16 through over-representation of indigenous people in the criminal the child safety stream. justice and child protection systems. The program is In addition, 55 participants are actively engaging in made up of two elements – a family intervention stream the program in the six pilot sites of Cairns, Yarrabah, and a criminal justice stream. Townsville, Palm Island, Rockhampton and Woorabinda; 38 through the criminal justice stream and 17 through the child safety stream.
Magistrates Court of Queensland | Annual Report 2009–2010 | 49 The QIADP has been independently evaluated by Three new Murri Courts have been established in Success Works. The final report is available on the Maryborough, Charters Towers and Toowoomba. This Department of Justice and Attorney-General’s website. means that throughout the state, 17 Murri Courts are operating, the highest number of indigenous specific The Evaluation Report cited positive findings in relation courts in any state or territory in Australia. to the initial objectives of the program, including: From 1 January 2007 to 30 June 2010, 2,389 referrals • improved health and social outcomes for were made to the five evaluated Murri Courts. Of the participants 2,389 referrals, 1,833 have received a final sentence. • reduced levels of alcohol consumption and This is inclusive of both the adult and youth Murri Court offending jurisdictions.
• improved parenting capacity and Statistics on the five adult evaluation courts indicate • diversion of offenders from higher level penalties. that 79 per cent of adult Murri Court participants were diverted from prison in 2009-2010.
Twelve “non-evaluation” Murri Courts have been Murri Court established in Cairns, Caloundra, Charters Towers, It is of concern that indigenous Queenslanders are Cherbourg, Cleveland, Coen, Ipswich, Mackay, disproportionately over represented in our prisons and Maryborough, Richlands, St George and Toowoomba. detention centres. The growth in the number of Murri Courts is testimony The Murri Court is effective in providing practical access to the support for and success of the program within to justice for Aboriginal and Torres Strait Islander indigenous communities across Queensland. offenders and provides responsive justice outcomes Six Murri Court sash presentations have taken place this that focus on the rehabilitation and reintegration of financial year, where Murri Court elders and respected indigenous offenders into their community. persons have been presented with ceremonial sashes The Government provided the department with $5.3M to recognise the special role they play within the state’s over four financial years from 1 January 2007 to support justice system. The sashes represent a “badge of office” the operations of the Murri Court in five locations — for elders and respected persons who work so hard to Brisbane, Caboolture, Rockhampton, Townsville and service their community. Mount Isa. Evaluation of Murri Courts In addition to appearing before a magistrate, the Murri Court brings defendants before elders and The independent evaluation of the Murri Court program respected persons, who can provide advice to the was completed in April 2010 and concluded that the magistrate about cultural issues, assist the offender in program significantly improved the relationship between understanding court processes and provide advice to the Courts and indigenous communities, reduced the magistrate on sentencing options that they consider bail breaches for failure to appear and provided a appropriate for the offender. culturally appropriate Court environment for sentencing indigenous offenders that prompted participative Murri Court elders also act as a link between the justice. court and services offered to and by local indigenous communities. Further funding has been provided in 2010-11 for Murri Courts and the Queensland Indigenous Alcohol
50 | Magistrates Court of Queensland | Annual Report 2009–2010 Diversion Program to maximise flexibility and explore The Living Skills Program designed and delivered by greater efficiencies including the amalgamation of the Brisbane Murri Court Case Co-ordinator assisted administrative functions. indigenous participants to gain a greater understanding of their cultural heritage and make informed decisions The Murri Courts contribute to ensuring that criminal about the course they want their lives to take. justice processes have a greater cultural legitimacy for indigenous offenders and their victims. The second part saw participants undertake a Certificate 1 - General Construction Qualification which Murri Court Training and Support Initiative was delivered by the Construction Skills Training Centre in partnership with the Department of Justice and On 21 May 2010 a graduation ceremony was held at the Attorney-General. The program was very successful with Brisbane Magistrates Court for the second iteration of seven participants graduating with qualifications and the Brisbane Murri Court Training and Support Initiative each with a new perspective on their life. (MCTSI). The Brisbane Murri Court Case Co-ordinator has sourced The MCTSI is a six-week bail program delivered in two further work experience for four graduates commencing parts; the first part is a Living Skills Program which at Bovis Lend and Lease’s, Supreme and District Courts looked at positive self-awareness, self-control and building site. The graduates’ success and prospective self-expectancy, nutrition, budgeting and trust exercises employment will be taken into consideration when with a strong emphasis on culture. sentenced before the Brisbane Murri Court.
The Honourable Cameron Dick Attorney-General and Minister for Industrial Relations, Jennifer Huxley, Kerri Ward, Kenny Trindle, Lawrie Masso, Judge Butler, Scott Luxton, Michael Bice, Neville Huxley, Fay Mitchell, Dicky Davidson, Richard Homer, Mervyn Santo, Magistrate Smith
Magistrates Court of Queensland | Annual Report 2009–2010 | 51 Charters Towers Murri Court opening The sashes were introduced by Brisbane Murri Court Case Coordinator Stephen Pitt, and its design, which is The Charters Towers Murri Court was opened by the the result of a ‘Face of Murri Court’ competition in 2008, Honourable Cameron Dick, Attorney-General and incorporates the colours of the Aboriginal and Torres Minister for Industrial Relations on 16 February 2010. Strait Islander flags. The ceremony opened with a blessing of the Courtroom conducted by Pastor Lawrie Masso and Pastor Tiquiri.
The Chief Magistrate, Judge Butler and the Acting Director-General, Mr Phil Clarke also attended. Judge Butler spoke about his and the Queensland magistrates support for the Murri Court. The Attorney-General also expressed his support for the Court and publicly thanked the elders for their time and commitment to establishing the Court. He then presented the elders with Murri Court sashes which the elders are able to wear in Court. The sashes are an acknowledgment of the significant role that the elders play in delivering just outcome for the indigenous community.
Mr Bill Jerri, the Co-ordinator of the Gudjal Community The wearing of sashes by elders and respected persons Justice Group, spoke about the work the Justice Group in Court and during official functions helps to promote a had been doing over the past ten years and how they uniform identity across all of the State’s 17 Murri Courts. had been working towards the establishment of a Murri Court. Honouring our elders The Charters Towers Murri Court sits once every two During 2009-2010, Queensland’s Murri Courts lost a months for adult matters and once a fortnight for youth number of much loved and respected elders. We take Murri Court (depending on numbers). some time in this annual report to remember those we lost and the legacy they have left behind. The Murri Court sash Aunty Alice Dowden Elders and respected persons volunteer their time in the courts, sitting with the Magistrate and offering culturally Townsville Murri Court Elder Aunty Alice Dowden passed appropriate advice to persons appearing in court. away on 18 March. During a moving tribute in court the following day, Aunty Alice was remembered as having a The elders and respected persons work collaboratively heart of gold and being a firm, respected elder of great within the courts to make the courts more responsive compassion and kindness. to client needs, and better focussed on therapeutic and rehabilitative sentencing and bail outcomes. A proud Wulgurukaba woman, Aunty Alice was one of the founding Townsville Murri Court elders and one of The Murri Court sashes highlight the status and several people who worked hard and passionately to importance that the Murri Court elders command, and become the backbone of the court. As an elder, she the key role they play in assisting Courts to dispense was involved in Murri Court, youth Murri Court and the culturally relevant justice to the Indigenous people who Queensland Indigenous Alcohol Diversion Program. appear.
52 | Magistrates Court of Queensland | Annual Report 2009–2010 Aunty Alice firmly believed that changes in offending spoken words. Aunty Monica possessed a resilient behaviour, which are the goal of the Murri Court, must warrior spirit, at all times led by her actions, and was an be driven by those within the indigenous community. honoured elder who will always be held in high esteem Her cheeky sense of humour and fun, her tough, firm and forever remembered. Murri Court wishes to honour character and her ability to connect with people coming this great woman and pay their respect to her family. through the court made her a respected, vital member of her community and the court. Uncle Bill Hipkin
While all who knew Aunty Alice were saddened by her Respected Brisbane Murri Court Elder Uncle Bill Hipkin passing, her commitment to building a strong Murri passed away at the age of 61 years on 25 August. Uncle Court will continue as her legacy and an inspiration for Bill was an active member of the Brisbane adult and her fellow Townsville Murri Court members. youth Murri Court and he also volunteered his time in the Special Circumstances Court. Aunty Monica Callaghan Uncle Bill volunteered much of his time to visit schools Aunty Monica O’Callaghan was a proud Kullilli woman and teach Aboriginal culture to children and the general who was born in Cherbourg. She passed away on 26 community. He worked also alongside the Brisbane June at the age of 71 years. Aunty Monica was one of the police liaison officers helping young people in trouble founding elders on the inaugural Brisbane Murri Court and assisting families who were experiencing rough in 2002 and continued to serve until her passing. Aunty times. Uncle Bill would also spend time speaking with Monica’s contribution and dedication to indigenous staff and youth at the Brisbane Youth Detention Centre. justice areas, the courts, and the Brisbane community was highly valued.
Before assisting the Murri Court, Aunty Monica worked with the Aboriginal and Torres Strait Islander Women’s Legal Service where she was a founding board member. She was the first indigenous prison liaison officer and worked with the prisoner league where she supported prisoners during their separation from their community and family. For 20 years, Aunty Monica also worked for Aboriginal Hostels Limited as manager of the Elly Bennett Hostel.
Aunty Monica was employed by the Australian Electoral Office to educate her people about their right to enrol to vote. Aunty Monica was a long serving member on Painting of Uncle Bill Hipkin by artist Aunty Sally the Queensland Parole Board and committed herself Harrison voluntarily to other boards such as One People of Uncle Bill was born in Shoalhaven, New South Wales, Australia League, Murri Watch, Bahloo and Nungeena on 16 August 1948. On 21 June 1951 Uncle Bill was organisations. committed into the care of the Aborigines Welfare Board Aunty Monica helped many people during her life. She where he spent seven years at Bomaderry Children’s was an amazing, strong woman with a sharp wit who Home, a United Aborigines Mission Home. Uncle articulated her strong sense of justice through well- Bill’s desire to share his life and experiences led him
Magistrates Court of Queensland | Annual Report 2009–2010 | 53 to research and write a book Myths and Memories: (Cherbourg) and later became an honorary member Bomaderry Children’s Home, 1908-2008. His book was of the Barambah Community Justice Group. The first launched during the centenary commemoration held in statutory community justice group to start a Murri Court May 2008 on the site of the former home. was Cherbourg where he actively sat for court duty since 2007. Born Noel Vincent Harrison, Uncle Bill became known as Billy during his time at Bomaderry and took the name Uncle Joe had a good working relationship with of Hipkin when he was adopted by a family in Victoria. everyone from the police to young people. His valued Uncle Bill had a varied career that included undertaking contributions to the community involved Murri Court a building apprenticeship in Victoria, and serving as a duties in Cherbourg and many prison visits. He would national serviceman in Vietnam from 1967–1968. travel for three hours to visit Woodford Correctional Centre, waking up at 6am to travel by bus for the prison Uncle Bill was always confident and passionate visit and would arrive back home at 7pm. He also about the courts and particularly liked working with visited Borallan, Brisbane Women’s and Arthur Gorrie young people. Uncle Bill was a man of discretion and correctional centres and the youth detention centre. understanding. He used his words wisely and always Uncle Joe loved prison visits and talking with the men showed kindness and care. He was friendly, cheeky and women there. He was a very active community in a fun way, a man who showed generosity and he member, who also sat on various management boards knew how to be respectful. He provided strength and and committees. understanding in the courts as he put his heart and soul into everything he did. A very honourable and strong Uncle Joe attended the Australasian Institute of Judicial family man, Uncle Bill showed pride in his culture, Administration Indigenous Courts Conference 2008 heritage and family. All who constitute the Murri Court in in Mildura (Victoria). This was the first time Uncle Joe Brisbane would like to honour and pay their respects to had ever left Queensland. Uncle Joe provided strength, this remarkable man and his family. wisdom, knowledge and cultural significance to the Murri Court, to young people and to many Aboriginal Uncle Joe Button and Torres Strait Islander communities in addition to the Respected Cherbourg community leader and Elder Uncle wider community. Joseph Button (Snr) passed away on 10 September As an honoured elder and leader for his people, 2009. Affectionately known as Poppa Joe, he was born Uncle Joseph Button Snr will always be held in high in Cherbourg on 8 March 1924 and lived life as a proud esteem and forever remembered. Murri Court takes descendant of the Wakka Wakka (Cherbourg) and the this opportunity to honour a great leader and true Koa people (Winton area). As a youngster living in gentleman. Cherbourg, Uncle Joe lived a very cultural life where he was taught by his elders about his cultural heritage and making of Aboriginal artefacts.
Uncle Joe was a gentleman, community man and leader. He was one of the last of his generation and tribal people in Cherbourg. He was a strong Christian believer who loved the Lord and was dedicated in serving the Lord and his people. Uncle Joe was one of the first persons to join the Community Justice Group
54 | Magistrates Court of Queensland | Annual Report 2009–2010 Court administration
Consisting of the following units and regions, and – Office of Economic and tatisticalS Research working alongside the magistracy, the Magistrates Court (OESR) Branch’s role involves the support and development of • represented the Department of Justice and Attorney- Queensland Magistrates Court operations and delivery General at various inter-departmental and inter- of frontline services. government forums and working groups such as Crime Statistics Network. Statistical Analysis Unit The Statistical Analysis Unit (SAU) will become part of the new Courts Performance and Reporting Unit (CPRU) The SAU is tasked with undertaking project work in July 2010. associated with improving the department’s management of performance information and statistical The CPRU will improve statistical services for data. The unit is managed by Daryl Villalba, who is Queensland Courts by making high quality, timely assisted by three statistical officers. performance information readily available to those who need it to perform their roles. The SAU performed the following tasks:
• collated and prepared statistics for advice to:
– the Attorney-General Courts Capability and
– other justice agencies Development Unit (CCDU), – the media incorporating the Training – interested stakeholders Support Unit (TSU) – universities The Courts Capability Development Unit (CCDU) is – members of the public committed to providing all Queensland Courts staff with on the job skills training. It incorporates the Training • co-ordinated the annual data collection for the Support Unit (TSU) who offers assistance in relation to Australian Government’s Report on Government QWIC and CLAIMS via telephone or through its face-to- Services (RoGS) and Criminal Courts Australia face courses. The CCDU team also relies on assistance publications. from a network of experienced Courts staff throughout • liaised with and assisted the following organisations the state. with the collection of statistics: The team, led by Paul Ramage, Executive Manager, – National Criminal Courts Statistics Unit (NCCSU) includes an administration officer, learning and – Australian Bureau of Statistics (ABS) development officer, training officers, and QWIC/ CLAIMS training phone support officers. – Court Practitioners Group (CPG) The CCDU primarily conduct online and face-to-face – Council of Australian Governments - Steering training for staff of the Magistrates, District and Committee for the Review of Government Service Supreme Courts across Queensland. CCDU also provides Provision, Report on Government Services courses and information sessions for external clients (RoGS) including community groups involved in the justice system.
Magistrates Court of Queensland | Annual Report 2009–2010 | 55 There have been a number of milestones for the CCDU Justice Services Support throughout 2009-10. They conducted 69 courses, eight regional weeks and 32 one-on-one sessions. The Justice Services Support (JSS) provides information unit trained over 567 individual staff in person, and technology (IT) services in relation to the Queensland numerous staff via online training material. Wide Interlinked Courts (QWIC) and State Penalties Enforcement Registry (SPER) database systems, CCDU provided QWIC training for 67 Queensland including IT services in relation to data extraction and Corrective Services (QCS) employees across 34 offices. reporting, systems analysis, software development and Following the training, on 19 May 2010 these employees application support. JSS also provides software support were granted ‘read only’ access to the QWIC database. for the Department of Justice and Attorney-General Streaming access to court event information has (JAG) components of the Integrated Criminal Justice (ICJ) resulted in improved efficiency for QCS and Magistrates interfaces and co-ordinates support for ICJ on behalf Court staff with a significant reduction in telephone of all the criminal justice agencies involved in IJIS. The enquiries between the two agencies. Director of JSS is Ron Huisman. The CCDU, in conjunction with Queensland TAFE, has During 2009-10 JSS performed the following key delivered the nationally accredited qualifications of the activities: Certificate IV in Government (Court Services) since June 2008, and the Diploma in Government (Court Services) • support and maintenance of the QWIC application since September 2009. Course units are relevant and • support and maintenance of the SPER application aligned to the competencies required of officers in all Queensland Courts jurisdictions. The program has • support and maintenance of the ICJ interfaces and been expanded and is now operating with five CCDU • commissioned the Electronic Transmission of Court assessors. This is a nationally recognised qualification Results (ETCR) interface. This initiative electronically with other states and territories joining the Queensland transmits court result information from JAG rollout. to Queensland Police Service, Department of To date, 49 staff have completed the Certificate IV in Communities and the Office of the Director of Public Government (Court Services) program, and 45 more Prosecutions. are enrolled. Three staff have completed the Diploma of Government (Court Services) program, with 11 staff currently undertaking that course. Regional operations
A number of other Australian and New Zealand Six Queensland Regional Managers oversee regional jurisdictions have assessed the materials and delivery operations on behalf of the Department of Justice and models developed by the Queensland CCDU, and Attorney-General. They are based in Cairns, Townsville, provided positive feedback and expressed interest Rockhampton, Caloundra, Toowoomba and Brisbane. in adopting it. The Magistrates Court in the ACT has The Regional Managers ensure the best possible staff recently funded two Canberra based students to practice and encourage community engagement, while undertake the Queensland Department of Justice and continuing to strengthen inter-agency networks through Attorney-General Certificate IV in Government Court the innovative use of resources between regional Services program. One staff member from the Federal agencies. jurisdiction of the Administrative Appeals Tribunal Brisbane Office has also joined this program.
56 | Magistrates Court of Queensland | Annual Report 2009–2010 Far North Queensland region North Queensland region The Regional Manager of the Far North Queensland Michael Bice is the Regional Manager of the North region is Rob White. This region includes: Queensland region, which consists of:
• nine Magistrates Courts Offices • 11 Magistrates Courts Offices
• six QGAP offices (JAG is lead agency for four) • four QGAP offices (JAG is lead agency for three)
• one State Reporting Bureau centre • one State Reporting Bureau centre
• one Dispute Resolution Centre • one Dispute Resolution Centre
• one Supreme and District Courts designated stand • one Supreme and District Courts designated stand alone registry (and one dual registry) alone registry (and two dual Magistrates/District registries and two Magistrates/Supreme/District • one Murri Court registries) • two QIADP Courts • thr ee Murri Courts • three Community Justice Centres • one Drug Court • one Office of tateS Coroner • one QIADP Court Regional highlights: • one Victim and Finance Assistance Scheme (VFASS) • Cairns Court continue to provide a number of Courts Research and Training Officer Innovation Programs such as the Murri Court in both Regional highlights: adult and children's jurisdictions which operates fortnightly and the Drug Court, which operates • On 16 February 2010, the Charters Towers Murri weekly. The pilot bail-based Queensland Indigenous Court was officially opened by the Honourable Alcohol Diversion Program (QIADP) is operating in Cameron Dick MP, Attorney-General and Minister Cairns and Yarrabah. for Industrial Relations. Also in attendance were the Chief Magistrate, His Honour Judge Brendan Butler • Regional Manager Rob White attended Regional AM SC, Mr Phil Clarke, Acting Director-General of Managers Co-ordination Network (RMCN) meetings, the Department of Justice and Attorney-General and Regional Community Forums and other local Michael Bice, Regional Manager, North Queensland stakeholders meetings that have strengthened the Region. region’s ability to better understand localised issues and respond in more appropriate ways to the needs • elders and respected persons from the Gudjal of the community. The Regional Manager is also a Justice Group were presented with sashes by the member of the RMCN Indigenous Sub-committee Attorney-General in recognition of their contribution which forms a framework of support to the Cape to the Murri Court in Charters Towers. The event York Welfare Reform and Family Responsibilities was well received by not only those in attendance Commission. but also by the Charters Towers community and has been the springboard to the successful operation of • All Department of Justice and Attorney-General Murri Court at Charters Towers. centres in Far North Queensland participated in Queensland Law Week and NAIDOC week. • In March 2010, the Mount Isa and Proserpine Courthouses launched their JP's in the Community
Magistrates Court of Queensland | Annual Report 2009–2010 | 57 programs to encourage participation by community • two Dispute Resolution Centres JP's in the confines of the courthouses. • one Supreme and District Courts designated stand alone registry. Sunshine Coast/Wide Bay region • three dual Magistrates/District registries Acting Regional Manager of the Sunshine Coast/Wide Bay region Owen Glover represents: • three Magistrates/Supreme/District registries
• 18 Magistrates Courts Offices • two Murri Courts
• four QGAP office (JAG is lead agency for all) • one QIADP Court
• two State Reporting Bureau centres • one Domestic and Family Violence Court
• one Dispute Resolution Centre Regional highlights:
• five Supreme and District Courts dual registries • The Attorney-General and Regional Manager Jim Sondergeld attended Community Cabinet in • three Murri Courts Bundaberg on 30-31 August 2009; Longreach/ Regional highlights: Barcaldine on 1-2 November 2009; and Emu Park/ Rockhampton on 30-31 May 2010. Attending • A fit-out of the second courtroom at Redcliffe has Community Cabinets allows the public to directly commenced which will be used by the Queensland access the Ministers, and strengthens the region’s Civil and Administrative Tribunal. ability to provide better services to the community • The expansion of JAG-led QGAP offices in the by gaining an understanding of issues that affect the courthouses at Gayndah, Nanango and Toogoolawah region. is now complete. Throughout the implementation • The Regional Manager attended Regional Managers rollout support was provided by Libby Bateman from Co-ordination Network (RMCN) meetings, the existing Murgon QGAP office in the region. This Regional Community Forums and other local interoffice co-operative approach supported staff in stakeholders’ meetings throughout the region the smooth implementation of QGAP services in the thereby strengthening the region’s ability to better new centres. understand localised issues and respond more appropriately to the needs of the community. Central Queensland region • In January 2010 a second magistrate was appointed The Central Queensland region under the management to the Mackay Courthouse and a new magistrate of Acting Regional Manager Jim Sondergeld comprises was appointed to the Emerald Courthouse. The of the following: appointment of these magistrates provides consistent localised court services to the regions. • 15 Magistrates Courts Offices • Central Queensland Courts continue to provide a • six additional places where Magistrates Courts are number of Courts Innovation Programs such as the held Murri Court in adult and youth jurisdictions. The • 21 QGAP offices (JAG is lead agency for six) bail-based Queensland Indigenous Alcohol Diversion • two State Reporting Bureau centres Program (QIADP) and the pilot Domestic and Family Violence Court are operating in Rockhampton Court.
58 | Magistrates Court of Queensland | Annual Report 2009–2010 • The Breaking the Cycle of Domestic and Family • five QGAP offices (JAG is lead agency for all) Violence initiative commenced in Rockhampton. • two State Reporting Bureau centres This initiative brings together the Department of Communities, Child Safety, Queensland Police, • sev en dual Magistrates/District registries Queensland Courts, Legal Aid Queensland and non- • two Magistrates/Supreme/District registries government organisations who provide diversionary programs to help break the cycle of Family and • two Murri Courts Domestic Violence. The initiative is a pilot program • three Community Justice Centres scheduled to run from November 2009 to July 2011. Regional highlights: • N AIDOC week was celebrated by many of the courts in the region with court staff participating in the • Community Justice Groups at Toowoomba, St organised events. The theme for NAIDOC Week George, and Cunnamulla continued to provide in 2010 was Unsung Heroes – Closing the Gap by indigenous offenders with local community Leading Their Way. representation in those Magistrates Courts.
• Several central Queensland courts including • Cultural diversity continued to increase across the Mackay, Rockhampton, Gladstone, Bundaberg and South-West region, with Sudanese, Vietnamese and Emerald participated in Law Week 2010. To help South American migrants joining local workers in attract community interest in the services provided various industries in Toowoomba, Charleville and by the Department many activities were organised Oakey. The needs of these groups were identified, including moot courts, guided tours and information with the Regional Manager meeting and providing sessions. information to the Sudanese community through the Toowoomba Refugee and Migrant Support (TRAMS) • In the spirit of community engagement many of the service. Central Queensland Courts and QGAP offices have participated in community events. • Our courts continued to be supported by volunteer groups including Domestic Violence services, – Clermont QGAP has been actively involved in the Justice of the Peace duties, and the provision of annual Gold and Coal Festival; refreshments to court clients.
– Mor anbah QGAP has been involved in the • Courts in the South-West Region participated in Law Annual Santa Run, providing presents to local Week. underprivileged children; and • The Regional Manager and Registrars further – Sarina QGAP has joint with local police to strengthened JAG’s profile across the region through provide information and support to local attendance and participation at: schools. – Regional Ministerial Community Forums South-West region – R egional Managers Co-ordination Network meetings (Ipswich, Toowoomba and Roma) The appointed Regional Manager for the South-West Queensland (SWQ) region is Len Radnedge. His area – Negotiation Table meetings (St George and includes: Dirranbandi)
• 16 Magistrates Courts Offices
Magistrates Court of Queensland | Annual Report 2009–2010 | 59 • The expansion of JAG-led QGAP offices in Pittsworth and Taroom Courthouses is now complete.
South-East region The South-East Regional Manager, Sean Harvey’s area incorporates:
• nine Magistrates Courts Offices
• one State Reporting Bureau centre
• one Dispute Resolution Centre
• two District Court dual registries
• three Murri Courts
• two Drug Courts
• one Special Circumstances Court
• one Office for Child rotectionP Conferencing
Regional highlights:
• A Murri Court has been established at Richlands Magistrates Court significantly increasing the capacity of the Court to meet the needs of indigenous people within the justice system.
• The Drug Court continues to provide effective court diversion for participants at the Beenleigh and Southport Magistrates Courts.
• Staff at the Brisbane Magistrates Court regularly conduct tours of the building and facilities for visiting school students. Highlights of the tour include a full explanation of court procedures, visits to the Murri Court and Ceremonial Court and the opportunity to sit in on an actual case. Over the last year 1,600 students from across South-East Queensland have taken part in these tours.
• The Southport Capital Works Project commenced on 12 April 2010 and will see the construction of three additional courtrooms and three Magistrates chambers, scheduled for completion by 14 October 2010.
60 | Magistrates Court of Queensland | Annual Report 2009–2010 Technology
Courts information services Audio visual The Courts Information Services Branch (CISB) provides During 2009–10, videoconferencing systems support to the Magistrates Court and magistrates. It were installed in Gladstone, Bundaberg, and incorporates five teams: Gympie courthouses. The team now supports 149 videoconferencing sites throughout Queensland, • operations—provides user support and day-to-day including 32 Supreme and District Courts, 37 remote administration for court-related applications as well witness rooms (one which is a portable system for use as service desk support to judicial officers in remote areas) and 19 Correctional Centres. • systems—manages and enhances court related applications Digital recording • audio visual—manages, supports and extends the The Digital Recording team has maintained the digital audio and visual systems installed throughout the recording system in 203 individual court and hearing state rooms around the state. Software application upgrades, a regular program of computer hardware replacement • Queensland Sentencing Information Service and improvement to the core network infrastructure (QSIS)—provides a comprehensive collection of state-wide have enhanced the reliability of the system. sentencing information to assist decision makers on, and before, the Bench Queensland Courts communications • Queensland Courts Communications (QCC)— develops and manages the communication materials The Queensland Courts communications team used by the Supreme, District and Magistrates delivers marketing and communication services to the Courts throughout Queensland. Queensland Courts Services Executive, business units and the judiciary.
Operations The team’s responsibilities include maintaining the Queensland Courts website and publication of printed The Operations team provides an efficient support materials, including annual reports. service to courts, judicial officers and staff during business hours and to courts operating on weekends and public holidays.
The operations team provides a service desk that increases efficiency by delivering to clients a single point of contact and access to a greater range of support skills.
The team also developed and deployed a new email tool to assist in support requests and delivered training so that new clients, including judicial officers and associates, can use the tool to its best effect.
Service officers assisted in upgrades to digital recording systems in courtrooms across the state and desktop replacements for judicial officers and staff.
Magistrates Court of Queensland | Annual Report 2009–2010 | 61 Courthouses
Ipswich Courthouse The courthouse was the biggest infrastructure project in central Ipswich for more than a decade. The five-storey The Honourable Cameron Dick MP, Attorney-General and building is the centre piece of the city’s new $112M legal Minister for Industrial Relations opened the magnificent precinct, which also includes a new watch house and new Ipswich Courthouse on 6 March 2010. 24-hour police station.
Court was first held in Ipswich in the 1840s in the Queens The layout of the new courthouse features 12 Arms Hotel, moved into a purpose built lockup and courtrooms, including three District Court criminal jury courthouse built in a police paddock in 1847 and then in the courtrooms, a specialist Childrens Court and seven 1850s found a new home in a timber cottage in Brisbane Magistrates courtrooms. It also provides separate Street. In 1859 the court moved into the old courthouse entrances, corridors, lifts and waiting areas for judges, in East Street where it remained for the next 120 years. defendants and members of the public.
The last court building in Limestone Street has been in The courtrooms are equipped for videoconferencing, use since 1981, but could not be expanded to meet the electronic display of evidence and digital recording. population growth in the western corridor and a new The building also includes the court registry, judicial courthouse was required. chambers, office areas for court-related functions and a The Ipswich region has been identified as one of marriage room. the principal growth areas under the Queensland The specialist facilities include a suite for vulnerable Government’s planning for South-East Queensland, witnesses to give video evidence, a family violence and the new courthouse is designed to cope with the victims support area and interview rooms for agencies forecast increase of population in the region over the such as the Salvation Army and government support next 30 years. agencies.
Ipswich Magistrates Court. | Address: 43 Ellenborough Street PO Box 70, Ipswich Qld 4305 | DX: 41213, Ipswich, Telephone: (07) 3280 1720 | Facsimile: (07) 3280 1904 | Email: [email protected]
62 | Magistrates Court of Queensland | Annual Report 2009–2010 The separate waiting areas and contemporary Brisbane Magistrates Court technology such as closed-circuit television mean victims in particular can give their evidence without the Major Hearing Court additional trauma of facing alleged offenders in open court. In September 2009 fitting out of the new Major Hearing Court was completed on the fourth floor of the Brisbane Increasing safety and enhancing security of all court Magistrates Court building. users was a key focus in the design of the courthouse. It now delivers an even higher level of service to the local While the Brisbane Magistrates Court contained a community with a greater focus on clients and the latest few large courtrooms it was observed that a purpose in technology. built courtroom was needed to accommodate the increasingly frequent mammoth hearings involving Architecturally, the building is designed to cap the civic multiple defendants with teams of representatives, access of the Ipswich CBD located at the top end of boxes and boxes of exhibits, a multitude of journalists South Street. This access leads into an open landscaped and a crowd of interested public. space at the front of an articulated glass, stonework and concrete façade. The Major Hearing Court, court number 17, boasts three bar tables, a tiered public gallery and a large secure The entrance is located to the side of this space and dock. The courtroom has been kept in use since its is flanked by artwork integrated into the coloured opening with a constant stream of large and lengthy concrete structure and leads into a large double-level hearings. foyer, which features further artwork. Internally, the public areas outside the courtrooms look out over the courtyard and utilise the views of Ipswich and the surrounding hills. The internal finish of the building features wood panelling and stonework.
The glass façade of the building is orientated to the east and the north with the western façade being predominately concrete with shading. The building features a high level of outside light penetration into both the public areas and the courtrooms.
Rainwater harvesting is used for toilets and landscaping watering and solar water heating is also utilised. The building’s design included a 23,000-litre rainwater tank for garden maintenance and the incorporation of low- energy lighting and solar panels. These features deliver the equivalent of a four-star greenhouse rating for the precinct.
Major Hearing Court
Magistrates Court of Queensland | Annual Report 2009–2010 | 63 Supporting organisations
Court Network This has included identifying and liaising with existing court support organisations to ensure services are Court Network is a not-for-profit, Australian organisation not duplicated and that they are aware of the new which commenced in Victoria in 1980 and expanded initiative. The organisation has strong working and to Brisbane in 2006 and to the Brisbane Magistrates referral relationships with Queensland Public Interest Court in 2009. Working with paid staff and highly Law Clearing House (QPILCH), Legal Aid (including Duty trained/supervised volunteers the service offers non- Lawyers), Relationships Australia, Protect All Children legal information, support and referral to all persons Today (PACT), The Advocacy and Support Centre (TASC), attending the court complex (which includes all Domestic Violence services, Corrective Services, Victims individuals, families and friends going to court). Court Assist Queensland, Forensic Mental Health, Prison Network was launched as follows: Transport Group, Centrelink, Child Support Agency, Community legal services and other community and 1. December Brisbane Commonwealth Law Courts 2006 legal based services. 2. January Brisbane Supreme and District Courts Networkers utilising the outreaching model of approach 2008 as part of the AccessCourts Program continues and as a result many members of the public 3. October Brisbane Supreme and District Courts are now approaching individual Networkers or the 2008 Information Kiosk Networker’s room to seek their assistance. Networkers 4. January Brisbane Magistrates Court are required to attend at least three ongoing Continuous 2009 Education Programs offered throughout the year. 5. December Queensland Civil and Administrative 2009 Tribunal (Brisbane). Due to the Networker’s highly visible presence by wearing distinctive pink lanyards and their constant The service will be launched in Cairns and Townsville vigilance in assisting when appropriate, the volunteers state Courts in August and September 2010 appear to be an integral part of Court support. They are (respectively). recognised and known by Security and many Court staff. Strong relationships have been built with many external Networkers have also assisted by ensuring court users service providers to ensure quality and consistent access the other court support programs located within referrals can be offered to any person attending court.
Court Networkers Brisbane Graduation 2009
64 | Magistrates Court of Queensland | Annual Report 2009–2010 its complex including Salvation Army and Domestic • 42 per cent of persons assisted were defendants. Violence services. Nic Bolto, the former Executive Director, left in July 2009 We wish to recognise the continued and valued support and we would like to acknowledge his pioneering work of the Chief Magistrate Judge Butler, Judiciary, Executive in the establishment of the service in Brisbane. He is Director Paul Marschke, Department of Justice staff, now conducting research under the Churchill Fellowship Security and all persons who have actively contributed on Court Support models. We would also like to extend to the successful implementation of the service. a warm welcome to Deborah di Natale who commenced as Court Network’s Executive Director in February 2010. Towards the end of the 2009-10 period saw our valued team of highly trained Networkers in the Brisbane Magistrates Court grow to 18. With Teresa Snow and Mental Health Court Liaison Leilani Darwin continuing their valued role as Brisbane Program Managers along with Lisa Davies ongoing Service role as Marketing and Communications Manager, our Queensland team now stands at four. The Queensland Health Mental Health Court Liaison Service (CLS) is co‑ordinated through the state-wide, A Graduation Ceremony was held in October 2009 Queensland Forensic Mental Health Service (QFMHS). with eight graduates. Certificates were presented by This service provides mental health assessment and Magistrate O’Shea and attended by Paul Ramage and facilitates appropriate mental health care, where Sara Wood from the Magistrates Court. indicated, for people who are in custody and/or An additional Program Manager has been appointed appearing before a magistrate. The service also has the in Townsville (2010-11 financial year focus) and we are capacity to co-ordinate diversion to inpatient mental set to engage a further staff member for Cairns courts health units for assessment and/or treatment, under the (again 2010-11 focus). provisions of the Mental Health Act 2000.
The introduction of the Court Network Information Desk The CLS was first established in the Brisbane on the ground floor at the Magistrates Court in May Magistrates Court in May 1998, with a second site 2010 has ensured court users are engaged from the commencing in Townsville later that year. Additional onset and a warm thank you is extended to Tony Roser funding in June 2006 enabled significant expansion of and to security for their ongoing support and feedback. the service following consultation with stakeholders including Department of Justice and Attorney-General, During this financial year (2009-10) Court Network Queensland Police Service, Legal Aid Queensland has assisted over 3,059 court users in the Brisbane and Queensland Health. By early 2007 the CLS had Magistrates Court. successfully expanded to several larger Magistrates Overall Court Network has assisted 22,457 court users Courts. The service proved to be highly successful and in Brisbane during 2009-10. underwent further expansion. In 2010, there is a CLS on site in 34 courts across the state with 18.5 full time Of those persons assisted in the Magistrates Courts. equivalent staff. This team has extended to provide • 66 per cent were related to criminal matters mental health advice using a consultation liaison approach to a further 50 courts across the state. • 57 per cent of persons assisted were male The CLS philosophy is underpinned by the National • 66 per cent of assistance given was provision of Statement of Principles for Forensic Mental Health information and 30 per cent for support (2002), Queensland Plan for Mental Health 2007‑2017
Magistrates Court of Queensland | Annual Report 2009–2010 | 65 (2008), Queensland Forensic Mental Health Policy Alcohol and Drug Counselling services, General (2002), the Mental Health Act 2000, the United Nations Practitioners). Rights of Detainees and the International Covenant on • Notify the courts and district mental health services Civil and Political Rights (1999). of individuals with mental health needs who may The CLS has an inclusive referral policy and a wide range require special consideration in relation to their of referral sources (see Table 4). Referrals are triaged charges (example those individuals subject to and priority is established in accordance with clinical chapter seven part two of the Mental Health Act needs. Whenever possible, all persons who are referred 2000). to the CLS are offered an assessment. The Court Liaison • P rovide advice and/or education to the registrar of Officers (CLOs) also actively provide the opportunity for the court regarding issues related to mental health mental health assessments to particular at risk groups and the application of the Mental Health Act 2000 of defendants, which include: (example Justice Examination Orders). • people who have active suicidal ideation • P rovide advice and clarification to individuals due in • open clients of district mental health services court, their relatives/carers or legal representatives about issues related to mental health and the • people charged with certain offence types and Mental Health Act 2000. • people subject to involuntary provisions of the Mental Health Act 2000 and are returning to court Queensland Mental Health CLS activity from custody. The MH-CLS undertook 2,067 mental health The key roles and functions of the CLS service are to: assessments during the year 2009-2010. Males • Provide clinical assessment, liaison, support and accounted for 80.3% of assessments and females advice to individuals who have mental health needs 19.7%. Non-indigenous people made up 80.4% of and are involved in the criminal justice system. the assessments, Aboriginal people 18.9% and Torres Strait Islanders 0.7%. Graph 3 indicates the diagnostic • Provide written feedback to magistrates regarding breakdown of the people assessed through the CLS in the outcome of the assessment and any further 2009-10 and Graph 4 indicates the referral interventions intervention required. provided by the CLS. • Provide advice, support and help to family and carers including how to access assessment, treatment and referral for people with mental health needs.
• Provide liaison, support and advice to departments, agencies or individuals involved in providing services to these consumers.
• Identify and divert individuals involved with the criminal justice system who have mental health needs to the most appropriate service for care (example district mental health services, Forensic Medical Officer, Prison Mental Health Service,
66 | Magistrates Court of Queensland | Annual Report 2009–2010 Table 4: Referral sources Graph 4: Referral interventions provided by the CLS
Onward Referrals Referral Sources 40
35 Watch house/Police 1140 55.5% 30 Court Liaison Staff 530 25.8% 25
Legal Representatives 116 5.7% 20
Client Family 73 3.6% 15 FMO/Medical 50 2.4% 10 5 Magistrate 45 2.2% 0 District Mental Health Service 29 1.4% Prison Mental Health Service Alcohol and Drug Service Other 25 1.2% District Mental Health Service Other General Practitioner/ Psychiatrist No referral Prison Mental Health Service 21 1.0% Non-Government Organisation Staff 10 0.5% Alcohol and Drug Workers 8 0.4% Court Staff 6 0.3%
Graph 3: Diagnostic breakdown of individuals assessed through the CLS
Diagnostic Outcomes 30
25
20
15
10
5
0 Disorders
Alcohol + drug Anxiety Psychotic Other Mood Not unwell
Magistrates Court of Queensland | Annual Report 2009–2010 | 67 Appendices
Appendix 1 – Criminal lodgements
Magistrates Court Childrens Court % of Number of Number of Number of Number of Total % of state defendants that defendants charges defendants charges charges Total are children Alpha 16 20 2 3 23 0.01% 11.11% Atherton 1,063 1,659 63 155 1,814 0.50% 5.60% Aurukun 787 1,045 67 126 1,171 0.32% 7.85% Ayr 636 1,012 71 113 1,125 0.31% 10.04% Badu Island 55 93 3 10 103 0.03% 5.17% Bamaga 402 688 26 64 752 0.21% 6.07% Barcaldine 79 116 6 54 170 0.05% 7.06% Beaudesert 1,104 1,864 39 80 1,944 0.53% 3.41% Beenleigh 10,791 19,622 606 1,299 20,921 5.71% 5.32% Biloela 462 635 27 32 667 0.18% 5.52% Birdsville 8 8 0 0 8 0.00% 0.00% Blackall 53 101 1 1 102 0.03% 1.85% Blackwater 315 442 18 33 475 0.13% 5.41% Boigu Island 1 2 2 4 6 0.00% 66.67% Boulia 53 79 2 4 83 0.02% 3.64% Bowen 532 824 66 134 958 0.26% 11.04% Brisbane 28,837 53,238 1,530 3,217 56,455 15.41% 5.04% Bundaberg 3,964 6,261 184 490 6,751 1.84% 4.44% Burketown 40 71 0 0 71 0.02% 0.00% Caboolture 5,258 9,126 292 853 9,979 2.72% 5.26% Cairns 10,030 16,010 773 1,946 17,956 4.90% 7.16% Caloundra 2,025 3,657 93 193 3,850 1.05% 4.39% Camooweal 60 105 0 0 105 0.03% 0.00% Charleville 296 493 15 25 518 0.14% 4.82% Charters Towers 442 796 16 44 840 0.23% 3.49% Cherbourg 831 1,056 19 25 1,081 0.30% 2.24% Childers 247 362 4 8 370 0.10% 1.59% Chinchilla 367 618 12 33 651 0.18% 3.17% Clermont 106 168 0 0 168 0.05% 0.00% Cleveland 4,319 7,739 209 415 8,154 2.23% 4.62%
68 | Magistrates Court of Queensland | Annual Report 2009–2010 Magistrates Court Childrens Court % of Number of Number of Number of Number of Total % of state defendants that defendants charges defendants charges charges Total are children Cloncurry 290 440 28 43 483 0.13% 8.81% Coen 193 230 1 1 231 0.06% 0.52% Cooktown 538 743 32 64 807 0.22% 5.61% Coolangatta 2,819 3,887 4 4 3,891 1.06% 0.14% Cunnamulla 255 370 93 133 503 0.14% 26.72% Dajarra 31 42 1 1 43 0.01% 3.13% Dalby 773 1,383 47 110 1,493 0.41% 5.73% Darnley Island 20 37 0 0 37 0.01% 0.00% Dirranbandi 0 0 0 0 0 0.00% 0.00% Doomadgee 531 869 19 73 942 0.26% 3.45% Duaringa 42 63 0 0 63 0.02% 0.00% Emerald 733 1,240 28 61 1,301 0.36% 3.68% Gatton 996 1,722 60 142 1,864 0.51% 5.68% Gayndah 161 250 1 8 258 0.07% 0.62% Georgetown 74 106 5 15 121 0.03% 6.33% Gladstone 2,699 4,494 141 377 4,871 1.33% 4.96% Goondiwindi 461 850 27 82 932 0.25% 5.53% Gympie 2,221 3,526 81 141 3,667 1.00% 3.52% Hervey Bay 2,795 4,740 210 468 5,208 1.42% 6.99% Holland Park 5,087 8,396 103 184 8,580 2.34% 1.98% Hope Vale 159 213 2 2 215 0.06% 1.24% Hughenden 79 116 7 12 128 0.03% 8.14% Ingham 413 650 23 46 696 0.19% 5.28% Inglewood 99 135 0 0 135 0.04% 0.00% Innisfail 1,228 1,889 49 116 2,005 0.55% 3.84% Ipswich 7,860 13,227 614 1,227 14,454 3.95% 7.25% Julia Creek 25 36 0 0 36 0.01% 0.00% Kingaroy 683 1,207 153 406 1,613 0.44% 18.30% Kowanyama 581 769 12 13 782 0.21% 2.02% Landsborough 1 1 0 0 1 0.00% 0.00% Lockhart River 323 472 33 44 516 0.14% 9.27%
Magistrates Court of Queensland | Annual Report 2009–2010 | 69 Magistrates Court Childrens Court % of Number of Number of Number of Number of Total % of state defendants that defendants charges defendants charges charges Total are children Longreach 407 703 2 2 705 0.19% 0.49% Mabuiag Island 11 19 0 0 19 0.01% 0.00% Mackay 4,312 6,937 314 941 7,878 2.15% 6.79% Mareeba 1,686 2,528 151 254 2,782 0.76% 8.22% Maroochydore 6,941 11,629 244 534 12,163 3.32% 3.40% Maryborough 1,568 2,526 81 159 2,685 0.73% 4.91% Mer Island 13 17 0 0 17 0.00% 0.00% Millmerran 51 80 1 1 81 0.02% 1.92% Mitchell 65 106 6 6 112 0.03% 8.45% Moa Island 15 24 0 0 24 0.01% 0.00% Monto 63 79 1 1 80 0.02% 1.56% Moranbah 327 599 5 21 620 0.17% 1.51% Mornington 747 916 14 22 938 0.26% 1.84% Island Mossman 639 969 33 96 1,065 0.29% 4.91% Mount Garnett 98 140 5 6 146 0.04% 4.85% Mount Isa 2,531 3,902 294 637 4,539 1.24% 10.41% Murgon 769 1,313 322 684 1,997 0.55% 29.51% Nambour 757 1,135 0 0 1,135 0.31% 0.00% Nanango 452 678 23 63 741 0.20% 4.84% Noosa 2,113 3,274 68 203 3,477 0.95% 3.12% Normanton 400 633 68 114 747 0.20% 14.53% Oakey 249 361 10 13 374 0.10% 3.86% Palm Island 678 1,035 68 111 1,146 0.31% 9.12% Pine Rivers 3,619 6,814 271 680 7,494 2.05% 6.97% Pittsworth 91 154 6 6 160 0.04% 6.19% Pomona 0 0 0 0 0 0.00% 0.00% Pormpuraaw 230 312 3 4 316 0.09% 1.29% Proserpine 1,311 1,917 20 43 1,960 0.53% 1.50% Quilpie 20 33 0 0 33 0.01% 0.00% Redcliffe 3,984 6,671 198 407 7,078 1.93% 4.73% Richlands 5,319 9,590 245 785 10,375 2.83% 4.40%
70 | Magistrates Court of Queensland | Annual Report 2009–2010 Magistrates Court Childrens Court % of Number of Number of Number of Number of Total % of state defendants that defendants charges defendants charges charges Total are children Richmond 51 83 0 0 83 0.02% 0.00% Rockhampton 5,176 8,595 527 1,197 9,792 2.67% 9.24% Roma 751 1,090 56 103 1,193 0.33% 6.94% Saibai Island 18 28 2 2 30 0.01% 10.00% Sandgate 2,444 3,937 195 408 4,345 1.19% 7.39% Sarina 414 615 21 35 650 0.18% 4.83% Southport 20,414 36,684 699 1,439 38,123 10.41% 3.31% Springsure 13 18 0 0 18 0.00% 0.00% St George 447 687 23 57 744 0.20% 4.89% Stanthorpe 510 732 18 27 759 0.21% 3.41% Tambo 26 50 0 0 50 0.01% 0.00% Taroom 30 57 0 0 57 0.02% 0.00% Thursday Island 310 556 26 69 625 0.17% 7.74% Toogoolawah 141 212 1 2 214 0.06% 0.70% Toowoomba 5,696 9,431 495 1,023 10,454 2.85% 8.00% Townsville 14,941 22,485 667 1,464 23,949 6.54% 4.27% Tully 571 862 5 8 870 0.24% 0.87% Warraber Island 6 10 0 0 10 0.00% 0.00% Warwick 1,111 1,885 79 166 2,051 0.56% 6.64% Weipa 628 906 31 60 966 0.26% 4.70% Winton 64 98 1 1 99 0.03% 1.54% Woorabinda 396 525 88 136 661 0.18% 18.18% Wujal Wujal 87 122 7 11 133 0.04% 7.45% Wynnum 2,492 4,146 96 167 4,313 1.18% 3.71% Yam Island 7 9 0 0 9 0.00% 0.00% Yarrabah 531 666 63 123 789 0.22% 10.61% Yeppoon 863 1,266 52 78 1,344 0.37% 5.68% Yorke Island 13 16 0 0 16 0.00% 0.00% Total 202,966 340,878 11,525 25,503 366,381 100% 5.37%
Magistrates Court of Queensland | Annual Report 2009–2010 | 71 Appendix 2 – Civil Claims
Magistrates Court - Civil Claims lodged 2009-10 Civil Claims Minor Debt Claims Small Claims Total Claims Atherton 72 12 14 98 Ayr 139 6 10 155 Barcaldine 3 8 2 13 Beaudesert 280 43 54 377 Beenleigh 1,437 675 3 2,115 Biloela 24 6 5 35 Blackwater 22 3 3 28 Bowen 61 10 13 84 Brisbane 14,405 578 1,999 16,982 Bundaberg 322 87 101 510 Caboolture 316 79 266 661 Cairns 628 142 301 1,071 Caloundra 183 37 90 310 Charleville 12 2 1 15 Charters Towers 27 10 9 46 Childers 12 9 5 26 Chinchilla 11 8 3 22 Clermont 12 6 2 20 Cleveland 407 289 - 696 Cloncurry 8 10 1 19 Cooktown 17 1 3 21 Coolangatta 198 60 62 320 Cunnamulla 4 - 3 7 Dalby 55 8 10 73 Emerald 45 37 9 91 Gatton 72 14 21 107 Gayndah 6 4 4 14 Gladstone 159 112 64 335 Goondiwindi 20 6 3 29 Gympie 114 22 52 188 Hervey Bay 117 55 77 249 Holland Park 682 152 2 836 Hughenden 2 - - 2
72 | Magistrates Court of Queensland | Annual Report 2009–2010 Magistrates Court - Civil Claims lodged 2009-10 Civil Claims Minor Debt Claims Small Claims Total Claims Ingham 62 5 2 69 Innisfail 192 18 13 223 Ipswich 693 77 340 1,110 Julia Creek 3 - - 3 Kingaroy 16 16 15 47 Landsborough 44 17 4 65 Longreach 26 6 5 37 Mackay 1,129 144 119 1,392 Mareeba 34 15 7 56 Maroochydore 368 232 175 775 Maryborough 85 26 32 143 Mitchell 1 2 - 3 Moranbah 26 2 4 32 Mossman 51 3 5 59 Mount Isa 194 43 27 264 Murgon 17 11 2 30 Nambour 116 135 29 280 Nanango 20 10 9 39 Noosa 155 40 45 240 Normanton 9 - 3 12 Oakey 27 2 7 36 Pine Rivers 894 59 101 1,054 Pittsworth 11 14 2 27 Pomona 28 7 4 39 Proserpine 156 36 48 240 Quilpie 1 - - 1 Redcliffe 128 25 2 155 Richlands 367 63 - 430 Richmond 2 5 - 7 Rockhampton 235 134 112 481 Roma 16 30 13 59 Sandgate 118 16 2 136 Sarina 30 6 2 38
Magistrates Court of Queensland | Annual Report 2009–2010 | 73 Magistrates Court - Civil Claims lodged 2009-10 Civil Claims Minor Debt Claims Small Claims Total Claims Southport 3,221 974 540 4,735 St George 8 2 5 15 Stanthorpe 10 5 5 20 Taroom 1 - - 1 Thursday Island 15 3 5 23 Toogoolawah 12 4 3 19 Toowoomba 499 118 109 726 Townsville 1,483 235 202 1,920 Tully 30 15 6 51 Warwick 61 27 11 99 Weipa 7 4 - 11 Wynnum 191 47 - 238 Yeppoon 31 6 29 66 Total 30,695 5,130 5,236 41,061
74 | Magistrates Court of Queensland | Annual Report 2009–2010 Appendix 3 – Domestic and Family Violence applications and orders
Number of orders made Number of % of Temporary Vary Revoke Number of applications Protection state Total Protection Protection Protection Total applications Order Order Order Order dismissed Alpha 1 1 0 0 0 1 0 0.00% Atherton 162 162 30 67 0 259 18 0.71% Aurukun 44 50 10 14 0 74 3 0.19% Ayr 114 93 49 18 4 164 22 0.50% Badu Island 3 13 2 2 0 17 0 0.01% Bamaga 24 43 33 10 1 87 6 0.11% Barcaldine 11 10 3 1 0 14 1 0.05% Beaudesert 195 164 180 27 7 378 56 0.86% Beenleigh 1,605 1,139 1,507 410 34 3,090 682 7.05% Biloela 64 57 25 7 0 89 9 0.28% Birdsville 0 0 0 0 0 0 0 0.00% Blackall 5 6 0 1 0 7 2 0.02% Blackwater 49 50 7 7 1 65 4 0.22% Boigu Island 0 1 0 1 0 2 0 0.00% Boulia 4 3 1 3 0 7 1 0.02% Bowen 69 49 52 18 2 121 29 0.30% Brisbane 1,320 1,039 779 191 16 2,025 381 5.80% Bundaberg 591 462 311 118 4 895 194 2.60% Burketown 3 2 1 1 0 4 0 0.01% Caboolture 848 638 557 186 13 1,394 241 3.73% Cairns 945 765 638 248 15 1,666 225 4.15% Caloundra 337 236 272 72 12 592 125 1.48% Camooweal 3 2 3 0 0 5 0 0.01% Charleville 38 34 18 8 0 60 4 0.17% Charters Towers 60 54 41 10 3 108 17 0.26% Cherbourg 12 13 0 1 0 14 0 0.05% Childers 23 13 14 1 0 28 9 0.10% Chinchilla 45 47 49 10 0 106 6 0.20% Clermont 14 12 6 5 0 23 4 0.06% Cleveland 521 418 297 128 6 849 147 2.29% Cloncurry 47 35 19 1 2 57 10 0.21%
Magistrates Court of Queensland | Annual Report 2009–2010 | 75 Number of orders made Number of % of Temporary Vary Revoke Number of applications Protection state Total Protection Protection Protection Total applications Order Order Order Order dismissed Coen 15 10 4 3 0 17 5 0.07% Cooktown 64 63 12 9 0 84 6 0.28% Coolangatta 225 160 137 37 11 345 84 0.99% Cunnamulla 34 31 11 7 0 49 10 0.15% Dajarra 12 14 10 0 0 24 4 0.05% Dalby 109 90 85 28 1 204 26 0.48% Darnley Island 0 1 0 0 0 1 0 0.00% Dirranbandi 0 0 0 0 0 0 0 0.00% Doomadgee 46 45 17 5 0 67 5 0.20% Duaringa 1 1 0 0 0 1 0 0.00% Emerald 104 87 37 14 0 138 23 0.46% Gatton 155 124 67 11 0 202 29 0.68% Gayndah 38 32 19 8 0 59 7 0.17% Georgetown 4 3 0 2 0 5 1 0.02% Gladstone 325 277 218 82 6 583 73 1.43% Goondiwindi 46 33 10 7 2 52 11 0.20% Gympie 231 166 230 65 2 463 88 1.02% Hervey Bay 416 313 236 69 9 627 135 1.83% Holland Park 642 435 492 114 34 1,075 232 2.82% Hope Vale 2 8 0 1 0 9 0 0.01% Hughenden 16 14 3 1 0 18 1 0.07% Ingham 73 61 27 3 0 91 13 0.32% Inglewood 4 4 0 0 0 4 0 0.02% Innisfail 153 103 133 81 22 339 55 0.67% Ipswich 1,089 771 705 131 8 1,615 404 4.79% Julia Creek 0 0 0 1 0 1 0 0.00% Kingaroy 120 104 120 25 1 250 42 0.53% Kowanyama 57 50 28 9 0 87 2 0.25% Landsborough 1 0 0 0 0 0 0 0.00% Lockhart River 25 25 6 6 0 37 1 0.11% Longreach 34 25 13 7 2 47 8 0.15%
76 | Magistrates Court of Queensland | Annual Report 2009–2010 Number of orders made Number of % of Temporary Vary Revoke Number of applications Protection state Total Protection Protection Protection Total applications Order Order Order Order dismissed Mabuiag Island 0 1 3 0 0 4 0 0.00% Mackay 485 428 264 103 0 795 97 2.13% Mareeba 205 185 39 101 1 326 28 0.90% Maroochydore 638 516 408 132 2 1,058 230 2.80% Maryborough 271 196 83 14 3 296 113 1.19% Mer Island 2 6 1 1 0 8 0 0.01% Millmerran 0 0 0 0 0 0 1 0.00% Mitchell 2 1 2 1 0 4 1 0.01% Moa Island 2 1 3 0 0 4 0 0.01% Monto 3 2 2 0 0 4 0 0.01% Moranbah 43 35 26 4 1 66 14 0.19% Mornington 41 38 7 5 0 50 4 0.18% Island Mossman 109 96 20 44 1 161 15 0.48% Mount Garnett 1 0 0 1 0 1 0 0.00% Mount Isa 325 278 120 45 5 448 67 1.43% Murgon 194 178 63 13 0 254 13 0.85% Nambour 97 60 44 11 2 117 22 0.43% Nanango 70 59 30 15 0 104 12 0.31% Noosa 164 121 71 30 3 225 50 0.72% Normanton 80 71 70 4 0 145 19 0.35% Oakey 45 33 19 2 0 54 9 0.20% Palm Island 143 124 78 9 0 211 19 0.63% Pine Rivers 578 379 318 61 8 766 221 2.54% Pittsworth 15 12 7 3 0 22 4 0.07% Pomona 0 0 0 0 0 0 0 0.00% Pormpuraaw 32 28 9 6 0 43 4 0.14% Proserpine 139 119 114 11 3 247 32 0.61% Quilpie 2 2 0 1 0 3 0 0.01% Redcliffe 538 414 364 114 8 900 174 2.36% Richlands 695 9 2 0 0 11 225 3.05%
Magistrates Court of Queensland | Annual Report 2009–2010 | 77 Number of orders made Number of % of Temporary Vary Revoke Number of applications Protection state Total Protection Protection Protection Total applications Order Order Order Order dismissed Richmond 9 519 253 78 6 856 0 0.04% Rockhampton 837 711 456 252 17 1,436 194 3.68% Roma 77 65 49 21 0 135 12 0.34% Saibai Island 3 5 2 0 0 7 0 0.01% Sandgate 405 324 328 151 17 820 125 1.78% Sarina 16 15 1 0 1 17 2 0.07% Southport 2,344 1,641 1,857 424 101 4,023 733 10.30% Springsure 0 0 0 0 0 0 0 0.00% StGeorge 54 47 18 9 0 74 12 0.24% Stanthorpe 53 47 16 9 0 72 13 0.23% Tambo 1 0 1 0 0 1 0 0.00% Taroom 8 5 7 0 0 12 0 0.04% Thursday Island 93 70 58 17 0 145 8 0.41% Toogoolawah 19 17 12 4 0 33 6 0.08% Toowoomba 620 476 318 133 10 937 182 2.72% Townsville 1,107 844 1,019 273 12 2,148 313 4.87% Tully 53 34 38 19 10 101 18 0.23% Warraber Island 0 2 0 0 0 2 0 0.00% Warwick 149 120 47 24 1 192 40 0.65% Weipa 77 60 42 14 0 116 12 0.34% Winton 6 5 3 0 0 8 1 0.03% Woorabinda 60 62 8 4 0 74 0 0.26% Wujal Wujal 5 2 4 5 0 11 1 0.02% Wynnum 373 294 212 79 6 591 125 1.64% Yam Island 1 3 1 0 0 4 0 0.00% Yarrabah 122 106 43 14 3 166 17 0.54% Yeppoon 143 112 79 41 4 236 29 0.63% Yorke Island 2 2 0 0 0 2 1 0.01% Total 22,754 17,641 14,563 4,594 443 37,241 6,679 100%
78 | Magistrates Court of Queensland | Annual Report 2009–2010 Appendix 4 – Child Protection applications and orders
Number of orders made Number of % of Number of Child Extend Revoke Vary Interim applications state applications Protection Protection Protection Protection Total Order dismissed / total Order Order Order Order withdrawn Alpha 0 16 0 61 0 0 77 0 0.00% Atherton 19 0 0 0 0 0 0 7 0.54% Aurukun 7 11 0 18 0 0 29 1 0.20% Ayr 9 1 0 25 0 0 26 2 0.25% Badu Island 0 0 0 0 0 0 0 0 0.00% Bamaga 16 8 5 22 0 0 35 6 0.45% Barcaldine 0 0 0 0 0 0 0 0 0.00% Beaudesert 39 29 0 43 3 0 75 8 1.10% Beenleigh 357 223 7 801 1 0 1032 63 10.11% Biloela 5 3 0 8 0 0 11 0 0.14% Birdsville 0 0 0 0 0 0 0 0 0.00% Blackall 0 0 0 0 0 0 0 0 0.00% Blackwater 0 0 0 0 0 0 0 0 0.00% Boigu Island 0 0 0 0 0 0 0 0 0.00% Boulia 0 0 0 0 0 0 0 0 0.00% Bowen 7 8 1 7 0 0 16 0 0.20% Brisbane 422 410 23 815 6 0 1254 27 11.95% Bundaberg 38 56 2 81 1 1 141 7 1.08% Burketown 0 0 0 0 0 0 0 0 0.00% Caboolture 120 95 15 148 0 0 258 10 3.40% Cairns 196 247 29 311 1 2 590 15 5.55% Caloundra 35 33 6 48 1 0 88 1 0.99% Camooweal 0 0 0 0 0 0 0 0 0.00% Charleville 3 1 0 4 0 0 5 2 0.08% Charters Towers 13 7 0 6 0 0 13 0 0.37% Cherbourg 0 0 0 0 0 0 0 0 0.00% Childers 0 0 0 0 0 0 0 0 0.00% Chinchilla 2 6 0 3 0 0 9 0 0.06% Clermont 0 0 0 0 0 0 0 0 0.00% Cleveland 54 44 7 118 0 0 169 9 1.53% Cloncurry 0 0 0 0 0 0 0 0 0.00% Coen 0 0 0 0 0 0 0 0 0.00%
Magistrates Court of Queensland | Annual Report 2009–2010 | 79 Number of orders made Number of % of Number of Child Extend Revoke Vary Interim applications state applications Protection Protection Protection Protection Total Order dismissed / total Order Order Order Order withdrawn Cooktown 8 10 0 23 0 0 33 0 0.23% Coolangatta 0 0 0 0 0 0 0 0 0.00% Cunnamulla 15 11 0 36 0 0 47 0 0.42% Dajarra 0 0 0 0 0 0 0 0 0.00% Dalby 55 46 5 42 0 0 93 3 1.56% Darnley Island 0 0 0 0 0 0 0 0 0.00% Dirranbandi 0 0 0 0 0 0 0 0 0.00% Doomadgee 5 5 0 1 0 0 6 0 0.14% Duaringa 0 0 0 0 0 0 0 0 0.00% Emerald 20 21 0 40 0 0 61 5 0.57% Gatton 6 6 0 0 0 0 6 0 0.17% Gayndah 0 0 0 0 0 0 0 0 0.00% Georgetown 0 0 0 0 0 0 0 0 0.00% Gladstone 88 52 5 129 1 0 187 13 2.49% Goondiwindi 9 7 0 14 0 0 21 0 0.25% Gympie 17 22 4 38 0 0 64 1 0.48% Hervey Bay 42 32 1 60 0 0 93 4 1.19% Holland Park 39 39 0 55 0 0 94 8 1.10% Hope Vale 2 2 0 6 0 0 8 0 0.06% Hughenden 0 1 0 0 0 0 1 2 0.00% Ingham 5 5 0 10 0 0 15 0 0.14% Inglewood 0 0 0 0 0 0 0 0 0.00% Innisfail 34 29 1 27 0 0 57 1 0.96% Ipswich 241 235 16 672 2 0 925 28 6.82% Julia Creek 0 0 0 0 0 0 0 0 0.00% Kingaroy 38 26 1 45 0 2 74 3 1.08% Kowanyama 7 6 0 12 0 0 18 0 0.20% Landsborough 0 0 0 0 0 0 0 0 0.00% Lockhart River 0 0 0 0 0 0 0 1 0.00% Longreach 1 1 0 3 0 0 4 0 0.03% Mackay 0 88 2 219 0 0 309 7 0.00%
80 | Magistrates Court of Queensland | Annual Report 2009–2010 Number of orders made Number of % of Number of Child Extend Revoke Vary Interim applications state applications Protection Protection Protection Protection Total Order dismissed / total Order Order Order Order withdrawn Mareeba 107 48 0 80 0 2 130 4 3.03% Maroochydore 35 57 5 73 0 1 136 3 0.99% Maryborough 62 24 2 57 0 0 83 2 1.76% Mer Island 24 0 0 0 0 0 0 0 0.68% Millmerran 0 0 0 0 0 0 0 0 0.00% Mitchell 0 1 0 0 0 0 1 0 0.00% Moa Island 1 0 0 0 0 0 0 0 0.03% Monto 0 0 0 0 0 0 0 0 0.00% Moranbah 0 0 0 0 0 0 0 0 0.00% Mornington 0 0 0 1 0 0 1 0 0.00% Island Mossman 1 0 0 0 0 0 0 0 0.03% Mount Garnett 0 0 0 0 0 0 0 0 0.00% Mount Isa 0 69 0 145 4 0 218 15 0.00% Murgon 82 21 0 30 5 0 56 3 2.32% Nambour 26 0 0 0 0 0 0 0 0.74% Nanango 0 3 0 18 0 0 21 2 0.00% Noosa 9 2 0 1 0 0 3 0 0.25% Normanton 2 5 0 7 0 0 12 1 0.06% Oakey 6 0 0 2 0 0 2 0 0.17% Palm Island 7 4 0 0 0 0 4 0 0.20% Pine Rivers 84 79 10 78 0 1 168 9 2.38% Pittsworth 0 0 0 0 0 0 0 0 0.00% Pomona 0 0 0 0 0 0 0 0 0.00% Pormpuraaw 0 8 0 0 0 0 8 0 0.00% Proserpine 11 17 2 33 0 0 52 0 0.31% Quilpie 2 2 0 0 0 0 2 0 0.06% Redcliffe 49 42 2 62 1 0 107 4 1.39% Richlands 145 133 1 320 2 0 456 23 4.11% Richmond 0 0 0 0 0 0 0 0 0.00% Rockhampton 66 88 0 160 3 0 251 22 1.87% Roma 22 23 0 24 0 0 47 1 0.62%
Magistrates Court of Queensland | Annual Report 2009–2010 | 81 Number of orders made Number of % of Number of Child Extend Revoke Vary Interim applications state applications Protection Protection Protection Protection Total Order dismissed / total Order Order Order Order withdrawn Saibai Island 1 1 0 3 1 0 5 0 0.03% Sandgate 0 0 0 0 0 0 0 0 0.00% Sarina 0 0 0 0 0 0 0 0 0.00% Southport 287 233 2 577 7 1 820 42 8.13% Springsure 0 0 0 0 0 0 0 0 0.00% St George 4 3 0 9 0 0 12 1 0.11% Stanthorpe 3 3 0 3 0 0 6 0 0.08% Tambo 0 0 0 0 0 0 0 0 0.00% Taroom 0 0 0 0 0 0 0 0 0.00% Thursday Island 12 18 0 16 1 0 35 2 0.34% Toogoolawah 0 0 0 0 0 0 0 0 0.00% Toowoomba 204 178 10 342 0 1 531 27 5.78% Townsville 194 295 1 293 6 10 605 18 5.49% Tully 24 23 1 25 0 0 49 1 0.68% Warraber Island 0 0 0 0 0 0 0 0 0.00% Warwick 25 23 9 69 0 0 101 0 0.71% Weipa 7 12 0 24 0 0 36 0 0.20% Winton 0 0 0 0 0 0 0 0 0.00% Woorabinda 0 0 0 0 0 0 0 0 0.00% Wujal Wujal 0 0 0 10 0 0 10 0 0.00% Wynnum 55 55 8 76 5 0 144 0 1.56% Yam Island 0 0 0 0 0 0 0 0 0.00% Yarrabah 0 0 0 0 0 0 0 0 0.00% Yeppoon 1 1 0 0 0 0 1 0 0.03% Yorke Island 0 0 0 0 0 0 0 0 0.00% Total 3,532 3,313 183 6,489 51 21 10,057 414 100%
82 | Magistrates Court of Queensland | Annual Report 2009–2010 Appendix 5 – Magistrates court cocations and circuits
Court locations (Magistrate resident) Circuit court locations (by centre)
Beenleigh Beenleigh: Beaudesert Bowen Bowen: Ayr Brisbane Proserpine Bundaberg Brisbane: Barcaldine Caboolture Longreach Cairns Winton Caloundra Bundaberg: Childers Charleville Cairns: Aurukun Cleveland Badu Island Dalby Bamaga Emerald Boigu Island Gladstone Coen Gympie Cooktown Hervey Bay Darnley Island Holland Park Hope Vale Innisfail Kowanyama Ipswich Lockhart River Kingaroy Mabuiag Island Mackay Mer Island Mareeba Moa Island Maroochydore Pormpuraaw Mount Isa Saibai Island Pine Rivers Thursday Island Redcliffe Warraber Island Richlands Weipa Rockhampton Wujal Wujal Sandgate Yam Island Southport Yorke Island Toowoomba Charleville: Blackall Townsville Cunnamulla Warwick Mitchell Wynnum Quilpie Roma Tambo
Magistrates Court of Queensland | Annual Report 2009–2010 | 83 Dalby: Chinchilla Southport: Coolangatta Dirranbandi Toowoomba: Gatton St George Millmerran Taroom Oakey Emerald: Alpha Pittsworth Blackwater Townsville: Burketown Springsure Charters Towers Gladstone: Monto Doomadgee Gympie: Noosa Hughenden Hervey Bay: Maryborough Ingham Innisfail: Tully Mornington Island Yarrabah Normanton Kingaroy: Cherbourg Palm Island Gayndah Richmond Murgon Warwick: Goondiwindi Nanango Inglewood Toogoolawah Stanthorpe Mackay: Clermont Moranbah Sarina Mareeba: Atherton Georgetown Mossman Mount Garnett Maroochydore: Nambour Mt Isa: Birdsville Boulia Camooweal Cloncurry Dajarra Julia Creek Rockhampton: Biloela Duaringa Woorabinda Yeppoon
84 | Magistrates Court 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. Magistrates Court of Queensland Annual Report 2009–2010 Magistrates Court of Queensland Annual Report 2009–2010 of Queensland Annual Report Magistrates Court