Innovative courts, programs and technology Annual Report 2006—2007 89 Homeless Pilot Program
Homeless Persons Court Liaison Officer, Mr Philip Macey assesses defendant’s eligibility following referral to Brisbane’s Homeless Persons Court Diversion Program
The Homeless Persons Court Diversion Management consultants have been Program (HPCDP) and Special Circumstances appointed to evaluate the HPCDP to assess List (SCL) continued to operate throughout its effectiveness and its requirements for the the period 1 July 2006 to 30 June 2007. An future. Because of the overlap between this outline of these justice initiatives can be read program and the SRL, this evaluation will in the Court Overview at page 54. also be relevant to the SCL. The evaluation will conclude in November 2007. Both projects have now developed protocols and practices for referral to the respective court lists as well as management through the lists to finalisation or removal from the list. They receive the support and advice from three groups—a Steering Committee, a Stakeholder’s Reference Group and a Client Reference Group.
90 Magistrates Courts of Queensland Homeless Persons Court The main sources of referral have been from Diversion Program Pilot defendants themselves, non-government and government service organisations, The program operates each week day at magistrates presiding in other courts, Brisbane’s arrest courts at 240 Roma Street. private legal firms, Legal Aid Queensland, The objectives of this program are to: prosecutors and officers (including • improve the delivery of services by the watchhouse staff) from the Queensland court to homeless people charged with Police Service, Duty Solicitors attending public space and other minor offences; court and other specialist court services such as Forensic Mental Health, Drug Diversion • improve coordination of service Programs and Probation services. responses to homeless people charged with public space and other minor Since February 2007, the Court Liaison offences; Officer for the program (Mr Macey) has been • enable more effective disposition of located in a purpose built office at the arrest these matters, including a reduction courts. in the number of fines and the risk of imprisonment through negotiation A database has been developed to support of such fines with the State Penalties the program and provide information Enforcement Registry. relevant for evaluation of the pilot. In May 2007, a full-time administrative support This is generally achieved through admitting worker was employed to support the the defendants to special bail programs, program and maintain the database. recognisances to be of good behaviour or community based orders. This program is Funding for the pilot project has been also prescribed for the purpose of the Bail provided by JAG through the State Act 1980. Government’s 2005 initiative: Responding to Homelessness. JAG anticipates that this The pilot program has been operating for funding can continue until June 2008. 13 months. During this period referrals have steadily increased. As at 30 June 2007, the Court received 416 referrals on the basis of homelessness. 264 of these defendants were assessed and 142 of them were determined as suitable for support and diversion from the mainstream criminal justice system. The attrition between the number referred and the number assessed (152) is mostly attributable to the referred defendants not presenting for assessment at the court or their self selecting out of the program once it has been explained to them by the Court Liaison Officer.
Annual Report 2006—2007 91 Special Circumstances List
The operation of the Special Circumstances List pilot relies on personnel from government and non-government organisations who attend court sessions to provide ‘same day support’ to the Court and defendants through immediate assessment and identification of case management options. Magistrate Roney (left) conferring with (L-R) Mr H Jones,solicitor ATILS; Ms V Brewer, Qld Corrective Services officer; Mr P Macey, Court Liaison Officer; Ms M Bowers, Hart 4000 (a service provider for homeless people).
From 4 May 2006, the Brisbane Magistrates • the defendant appears to suffer from Court included the operation of a Special impaired decision-making capacity, Circumstances List in its criminal jurisdiction either as a result of mental health issues as part of the HPCDP. The Court considers (including where drug and alcohol matters referred to the List each Thursday induced), intellectual disability, or brain/ in Arrest Court 3 before Magistrate Roney. neurological disorders. Although this initiative has no funding outside the court’s current budget, it has used As at 30 June 2007, 187 defendants had the services and resources of the HPCDP. been referred to the List. Of these, 132 were added to the List as a result of being assessed Eligibility criteria for referral to the SCL as suitable for support and diversion from include the following circumstances: the mainstream criminal justice system • a relatively minor charge typically and the remaining 55 were referred to involving public order issues the Special Circumstances List without a formal assessment being undertaken. This • a plea of guilty occurred in most instances due to insufficient • the defendant was homeless, as defined resources being available to complete the by the criteria, at the time of commission assessment or as a result of the referred of the offence or at the time of the court defendants self selecting out of the program appearance before an assessment could be undertaken.
92 Magistrates Courts of Queensland While the List remains a pilot, the Officers from government and non- supervising Court accepts a maximum of government organisations regularly attend five new referrals each week. Most referrals to provide ‘same day support’ to the are made by other magistrates, members Court and defendants through immediate of the Queensland Police Service, legal assessment and identification of case practitioners and out-reach workers from management options. These organisations non-government services. On occasions, include: defendants being case-managed on the List • Brisbane Youth Services have accompanied friends to the Court to • City Community Health Centre (BIALA) surrender on warrants and be dealt with by reference to the SCL. • Homeless Health Outreach Team (HHOT) • Peel Street Clinic The nature and quality of the outcomes • Sisters Inside delivered to those who are sentenced through the Special Circumstances List • Salvation Army. is being evaluated as part of the HPCDP The nature of the assistance required centres evaluation which will be completed in around accommodation, health or drug use November this year. issues, and usually a combination of all these.
The List is supported by the Court Liaison Defendants are assessed for SCL eligibility Officer for HPCDP and it receives the co- by the HPCDP Court Liaison Officer. This operation and support of Queensland’s may occur before their referral or on their Police Prosecutions and Community first appearance at the Court presiding Corrections Services, as well as legal over the SCL. The assessment process may practitioners from the Brisbane office of conclude on the day of first appearance but, Legal Aid Queensland. if further time is required, the matter will be A regular group of volunteer law students adjourned to allow for on-going assessment. attend court each Thursday. They help This assessment will also include a review with the reception and management of of diversion pathways provided by other defendants before their court appearances government and non-government agencies, and work under the guidance of the Court many of which provide a representative to Liaison Officer. Members of the HPCDP the court. These agencies include Jobcare, Client Reference Group—people who have HHOT and agencies that support homeless had a ‘lived experience’ and improved their people such as HART4000 and Brisbane own situations—attend court to provide Homeless Service Centre. emotional support to SCL defendants. During the period between court appearances, the HPCDP Court Liaison Officer endeavours to keep in contact with the defendants and their carers or family to support the SCL process.
Annual Report 2006—2007 93 Speical Circumstances List continued
At further reviews of each matter, the Court Successful participants have taken positive gains a more complete understanding of steps to address the circumstances that the defendant’s circumstances and, with brought them to court and some of these the assistance of professional assessments, steps include: the underlying causes of the defendant’s • undertaking drug and alcohol programs offending behaviour come to light and • completing self-assessment and lifestyle medical treatment or suitable programs can programs be offered to the defendant to address the behavioural problems. • re-engaging with mental health services • re-commencing medication The court considers these options in • securing accommodation or help to consultation with the defendant, the obtain accommodation services rather defendant’s legal representative, the than remaining homeless on the street, prosecutor, and other professional people and supporting the defendant. The outcome of this process usually leads to the • in some cases, securing employment or establishment of a management plan in training. conjunction with the sentence imposed. In January 2007, Magistrate Roney and Defendants may also be released on a Mr Macey had an opportunity to attend conditional bail program which, like their courts that preside over matters similar to sentence, can encompass arrangements for those of our SCL in South Australia (with assessment and participation in medical the Chief Magistrate) and in Victoria. This treatment and practical social assistance and visit provided them with an opportunity counselling to address the underlying cause to share ideas with judicial and court of offending. officers working in this area of justice and has resulted in much reflection A longer case management approach may about the ‘way forward’ for Queensland’s be taken to allow a defendant to attempt a Special Circumstances List. The inspiration program and to stabilise their lifestyle; each drawn from the visit has already led to case is unique and can be managed quite some initiatives practised in those States differently. being introduced in a preliminary way in Queensland’s List. Typically, these defendants are sentenced to a recognisance (often a Good Behaviour The Court appreciates the cooperation of Bond), or on condition they complete a all stakeholders in the implementation program or participate in a service such as a and conduct of the HPCDP and SCL pilots Mental Health Program. and is most indebted to government and non-government outreach providers for If defendants are managed over a number the services they have undertaken for the of months, they are invited to return to Court and its defendants. The outcome of the court voluntarily, if and when a need the evaluation of both justice initiatives is arises, to obtain further advice, support or eagerly awaited. assistance.
94 Magistrates Courts of Queensland Drug Court
The relationship between illicit drug use and • to promote the rehabilitation of eligible criminal behaviour is now widely accepted. persons and their re-integration into the In an attempt to break the illicit drugs- community crime-imprisonment cycle, the Queensland • to reduce pressure on resources in the Drug Court, which was introduced in 2000, court and prison systems. provides a jail diversion sentencing option. The Court helps suitably motivated drug- The functions of a Drug Court Magistrate dependent offenders who qualify under the are specified in the DCA. There is a panel eligibility requirements of the Drug Court of Drug Court Magistrates who are able Act 2000 (the DCA). to preside when required. Training was conducted during the year and a total of 19 The Drug Court is currently held at the magistrates are now appointed to preside. Magistrates Courts at Beenleigh, Southport, Magistrate Thacker has been the SEQ Drug Ipswich, Townsville, and Cairns. Initial pilots Court Magistrate since 2003; Magistrates in these courts were completed on 3 July Tonkin and Verra preside in the Townsville 2006 and the Drug Court then became a Drug Court; and Magistrates Spencer and permanent sentencing option at these courts. McGuiness preside in the Cairns Drug Court. These magistrates regularly confer and, this The goals of the Drug Court, under s3 of the year, took the opportunity to meet formally DCA, are: to discuss Drug Court operations at a special • to reduce the level of drug dependency conference held following the Annual in the community and the drug Magistrates Conference. dependency of eligible persons • to reduce the level of criminal activity associated with drug dependency • to reduce the health risks to the community associated with drug dependency
Magistrate Thacker presiding in Drug Court at Beenleigh Magistrates Court
Annual Report 2006—2007 95 Drug Court continued
The Drug Court is an innovative program The Drug Court is greatly helped by non- that sits at the ‘hard end’ of the diversion government agencies that provide residential spectrum—it is not an easy option for rehabilitation services, under contract to offenders. It involves an Intensive Drug Queensland Health, and by agencies that Rehabilitation Order (known as an IDRO) provide community housing assistance and which provides intense rehabilitative support, under contract to the Departments intervention and supervision for of Housing and Communities. more serious offenders (excluding sex offenders and violent offenders) who face The Drug Court is also very appreciative imprisonment of up to four years, who are of the free introductory Positive Lifestyle drug dependant, and who have committed Program service offered by the Salvation offences because of that dependency. The Army during the pre-sentence period, which imprisonment sentence is suspended when introduces Drug Court applicants to the the offender enters the IDRO. The actual discipline associated with the IDRO program. length of the IDRO varies, based on the Together, the integrated, holistic approach circumstances of individual offenders; of Drug Court concentrates complementary however, most offenders who persevere on resources to address the multiple issues that the program require between 12 and 18 often prevent drug-addicted offenders from months’ intense commitment to complete all making a sustained effort to overcome their program phases. addiction and to remove themselves from The Drug Court program is a whole-of- the drugs and crime lifestyle cycle. government initiative which involves Unfortunately to date, Drug Court is not collaboration between seven public sector always able to help drug-addicted women. partners (the Departments of Justice, The Court continues to try to identify Health, Corrections, Police, Housing and appropriate gender-specific assistance for Communities, and Legal Aid Queensland). women as most residential rehabilitation During this year, all parties recommitted to facilities focus primarily on help for men. Of the program by signing an interdepartmental specific concern to the Court is that drug- Memorandum of Understanding confirming addicted women with young children find it their agreed roles in the Drug Court. particularly difficult to sustain commitment The IDRO is different from a traditional to the IDRO regime. court sentencing order because, in the Drug Court, the magistrate retains a continuing role as a post-sentence case manager. This management strategy is achieved in collaboration with a team made up of representatives from Health, Corrections, Police and Legal Aid. Together, this team supervises the behaviour of the Drug Court participant who must report regularly to the Drug Court for a review of their progress. During the course of the IDRO, a participant’s engagement with treatment is rewarded for good progress and sanctioned for regress.
96 Magistrates Courts of Queensland Graph M Graph N
Drug Court referrals Intensive Drug Rehabilitation Orders
% 11% 12
% % 5 4 1 1
7
4
%
7
4
%
74% South East Queensland 74% South East Queensland 14% Townsville 15% Townsville 12% Cairns 11% Cairns
Graph O Graph P
Drug Court referral results Intensive Drug Rehabilitation Orders results
2 6 %
3
9
%
%
7
5
%
1
6
1
1
%
2
%
2
%
2
%
39% Remitted to Magistrates Court 26% Graduated or sentenced to Court 11% Actively participating 2% Awaiting eligibility decision 2% Fail to appear 2% Absconded 61% Removed from program 57% Intensive Drug Rehabilitation
Annual Report 2006—2007 97 Drug Court continued
The Drug Court has now been operating Of the 105 active participants as at 30 June in Queensland for seven years. Statistics 2007: show that, at 30 June 2007, 1621 referrals • 47 were on in-patient programs at the have been made to the Drug Courts—1200 following rehabilitation facilities— in South East Queensland (SEQ); 233 in Townsville (Tsv); and 188 in Cairns (Cns). Mirikai (SEQ) 7 Moonyah (SEQ) 8 From the 1621 referrals: • 924 Intensive Drug Rehabilitation Orders Logan House (SEQ) 4 (IDROs) have been made (SEQ 680, Tsv Fairhaven (SEQ) 7 143, Cns 101) Goldbridge (SEQ) 5 • 37 defendants await a Drug Court decision on eligibility (SEQ 31, Tsv 3, Goori House (SEQ) 3 Cns 3) Ozcare (TSV) 2 • 29 defendants absconded before Stagpole Street (TSV) 2 receiving an IDRO and are currently at large (SEQ 19, Tsv 5, Cns 5) Salvation Army RS (TSV) 2 • 631 ineligible defendants were returned Ozcare (CNS) 7 to the Magistrates Court for sentence, or were sentenced in the Drug Court (SEQ • 59 were in out-patient programs (SEQ 470, Tsv 82, Cns 79). 33, Tsv 21, Cns 5), including 20 in the Accommodation Support Program (ASP) Of the 924 IDROs made: at the following venues— • 23 failed to appear and are currently at Beenleigh ASP 5 large (IDROs not yet terminated) (SEQ 16, Tsv 6, Cns 1) Ipswich ASP 5 • 558 have been removed from the Southport ASP 6 program. These include defendants Townsville ASP 3 who have left the program at their own request and 4 who died whilst under the Cairns ASP 1 program (SEQ 416, Tsv 76, Cns 66) The combined total of prison sentences that • 105 are actively participating in their were avoided by suspension of the sentence IDROs (SEQ 67, Tsv 26, Cns 12) and admission to rehabilitation equals 4057 • 238 people have graduated (SEQ 182, months or 338 prisoner years for those who Tsv 31, Cns 25). have graduated the program as at 30 June This is represented by Graph P. 2007. This represents a significant reduction in pressure on prison resources.
98 Magistrates Courts of Queensland However, the value of this innovative court The Australian Institute of Criminology to the Government and the community (AIC) has independently evaluated the cannot be measured purely in terms of the program in both the north and south of the cost of the Drug Court versus the cost of State. Results have shown that graduates of imprisonment. ‘Intangible’ cost savings the Drug Court program were significantly include the number of crimes uncommitted less likely to offend compared with those and medical costs avoided by Drug Court who were not offered the program and graduates whose drug use and offending were sentenced to prison—and that those patterns have been reduced by the program. graduates who did subsequently offend had The substantial investment in Drug Court reduced the seriousness of the offending. has additional beneficial returns to the wider community when families are reunited—free The final of three reports by the AIC—a of drugs—and when former addicts enter recidivism study of the first 100 graduates or return to the workforce. Reduced health over a two-year period since graduation—is risks to the community, reduced pressure expected to be publicly available later in on insurance premiums and reduced 2007. This will be followed by a stakeholder demands on police services and social conference to workshop the results of all support agencies are all further indirect evaluations of the program to ensure best consequences of the Drug Court program. practice across the State.
At present, a close watch is being kept on the effects of the Corrective Services Act 2006 as it relates to court-ordered parole. It appears to be having an impact on whether or not offenders choose to take up an IDRO or, if they do so, whether or not they choose to persevere under the order, given the likelihood of short-term parole release as an alternative to the difficult and intensive rehabilitation-orientated conditions of the Drug Court IDROs. Although it is too early to draw definitive conclusions, it may be that the impact of this legislation will result in a different demographic of offenders who take up IDROs.
Annual Report 2006—2007 99 Courts supported by Community Justice Groups
In November 2006 members of Cairns’ Gumba Gumba Elders Justice Group met with the Townsville Magistracy and members of Townsville/Thuringowa Community Justice ATSI Corporation at the Townsville Magistrates Court to observe Murri Court proceedings
When dealing with Aboriginal and Torres There are two types of Community Justice Strait Islander offenders in Queensland, Groups—Statutory and Non-Statutory. The judicial officers must take into consideration Statutory Community Justice Groups operate the submission of interested local Community in discrete Indigenous communities and Justice Groups under the provisions of the are established in Deed of Grant in Trust Penalties and Sentences Act 1992, Juvenile (DOGIT) communities and have a legislative Justices Act 1992, Childrens Court Act 1992 role in dealing with alcohol management and the Bail Act 1980. issues. The Non-Statutory Community Justice Groups operate in urban and Community Justice Groups have been regional areas of Queensland. Each group is operating in urban and remote communities made up of a number of volunteers drawn since 1993 and responsibility for their from the community’s elders and respected funding and operation was transferred persons and the coordinator of each group from the Department of Aboriginal and receives administrative support from a Torres Strait Islander Policy (DATSIP) to the Regional Advisor employed by JAG. Department of Justice and Attorney-General (JAG) on 1 July 2006.
100 Magistrates Courts of Queensland A list of the 41 Community Justice Groups Queensland magistrates liaise with that operate in Queensland appears in Community Justice Groups, through each Appendix 8. The main aims of these groups group’s coordinator, before holding court are to: in the group’s community. As English is • develop networks with agencies in their often the second or third language of many respective community to ensure that indigenous defendants, the Court relies on issues affecting Indigenous communities group members to help with interpretation are addressed and have a particular during proceedings. In addition, group focus on the development of prevention members help to prepare and submit pre- programs sentence reports for court appearances and provide oral submissions to the court under • support Indigenous victims and offenders the legislation which has been previously at all stages of the legal process referred to. In remote communities, group • support members to participate in court members also volunteer their time to hearings and sentencing processes as supervise adult and juvenile offenders required by statutes placed on Court Orders. The Group’s • encourage diversionary processes such contribution is immeasurable and is highly as civil and criminal mediation, youth valued by all magistrates. justice conferencing, community service orders and supervised orders The magistracy in Cairns and Mareeba regularly interact with 19 different • monitor, regulate and advise the Community Justice Groups from department and other relevant agencies communities spread across Cape York and on issues about the possession and throughout the Torres Strait Islands. One of consumption of alcohol in a community the many effective groups in the far-north area (statutory groups only). is that operating at Coen, 574km north-west During 2006–2007, JAG focused on the of Cairns, and some of this group’s activities training needs of the groups and their are highlighted in an article at page 141 of members, particularly in court and justice this report. processes. The groups’ coordinators were Community Justice Groups which operate also provided with support for the financial in the Gulf region are Mornington Island, reporting requirements and received Doomadgee and Normanton. The magistrate assistance in getting funding for programs at Mount Isa works closely with these to implement in their communities. groups when he attends regular circuits and Regional training forums have been held through videoconferencing sessions when at Toowoomba, Rockhampton, Townsville, he is presiding in Mount Isa. The Cloncurry Cairns, Mount Isa and Thursday Island. Justice Association meets with the visiting Conflict Management training was provided magistrate several times each year to discuss to the groups by training officers from the justice issues and its members help the Dispute Resolution Branch of JAG. These Court with submissions and advice when forums brought Community Justice Group matters involving Indigenous children are members together for the first time since dealt with during sittings. 2004 and enabled the groups to network and workshop issues within their region.
Annual Report 2006—2007 101 Courts supported by Community Justice Groups continued
The Mount Isa District Justice Association The Townsville/Thuringowa Community has played an active role in the Justice Group supports the Adult and Youth implementation and development of the Murri Courts in Townsville and are actively Murri Court in that city and has formed engaged in programs which are playing an several supportive groups to help Indigenous important role in curbing youth offending. people reduce the level of offending in the Similarly, the Yoombudda gNujeena Adult region. Over the past twelve months, many Community Justice Group and the Milbi members of the various groups operating in Youth Community Justice Group are both the Mount Isa magistrate’s jurisdiction have actively involved in Rockhampton’s Murri completed their training to become a Justice Court processes and each group supports of the Peace and can now preside over bail both adults and youths to meet their post- applications in their communities in the court obligations. absence of the magistrate. Members of the Cherbourg Barambah Justice Groups at Yarrabah and Innisfail Group participate in Murri Court sittings assist the Innisfail magistrate when the convened by the Kingaroy magistrate at Court is dealing with Indigenous offenders. Cherbourg. This is the first Murri Court As well, both groups are involved in established in an Indigenous community. projects to stop young people being The Dalby magistrate has regular contact brought before the court by focusing on with St George’s Community Justice Group proactive crime-prevention strategies. For during circuits and has benefited from example, the Yarrabah Community Justice oral submissions from members of the Group is working with Bama Ngappi Toowoomba Community Justice Group on Ngappi cooperative at Yarrabah to develop the antecedents of Indigenous offenders at an innovative program that focuses on court hearings in Dalby from time to time. diverting young people from custody by learning and acquiring the skills so they can As has been mentioned previously, the secure and retain full-time employment. The work of members of Community Justice program is run over six to twelve months Groups is time consuming and voluntary. and addresses harmful behaviours such They are highly respected members of their as substance abuse, anger management, community and are greatly admired and self harm and domestic violence as well as valued by magistrates and court staff who giving support to find jobs through training recognise their efforts and dedication and schemes and work experience. The program who rely on their services. also provides driving tuition and supports young people to obtain drivers licenses. Innisfail’s Community Justice Group has developed and commenced a proactive program to reduce the number of young people appearing in Court on street offences. Members of the Justice Group take part in regular night patrols encouraging young, intoxicated people to accompany them to safe places off the street.
102 Magistrates Courts of Queensland Murri Court
Her Excellency Ms Quentin Bryce AC, Governor of Queensland, with Mr Michael Bryce met with the Chief Magistrate, Magistrates and elders and respected persons of Brisbane’s Murri Court after attending hearings of the Court
Murri Courts have experienced significant Apart from the five Evaluation Courts, four growth in the past year as a result of new Murri Courts have commenced in the increasing awareness of the benefits of past 12 months at Cherbourg—the first in the program to Indigenous communities, an Indigenous community (21 November as well as the maturing of the program 06), Ipswich (12 February 07) Coen (March itself. Further support has also followed 2007) and Cleveland (24 May 07). Most a Departmental Review of the program, Murri Courts offer both adult and childrens’ presented to the Government in December (youth) sentencing options. 2006, and the introduction of financial support for five existing Murri Courts. A Murri Youth Court will commence at Following the Departmental Review, these Caloundra in July, followed by another at existing five Murri Courts (the Evaluation Cairns in September. Courts) at Brisbane, Rockhampton, Murri Courts are initiated through joint Townsville, Mount Isa, and Caboolture agreements between local magistrates and began specifically-funded operations in elders from local Indigenous communities January 2007. From January 2007, $5.2m is to support the program. Murri Courts available, over three years, for departmental operate within a normal Magistrates staff to coordinate the activities of the Court framework; however, they provide Murri Court and the Indigenous community additional opportunities for greater in each location, to support the work involvement of elders, the defendant’s undertaken by Murri Court Magistrates, to family, and with comment from any local provide an expense allowance for elders Community Justice Group. The cooperative volunteering their time to attend Murri involvement of the Indigenous community Court, to provide training for elders, and to with the Murri Court Magistrate leads to meet other related costs of the Murri Court. better engagement and understanding of the legal process and the opportunity to understand offending behaviour from an Indigenous cultural perspective.
Annual Report 2006—2007 103 Murri Court continued
The goals of the Murri Court are to reduce To help achieve these goals, seven new the over-representation of Indigenous program staff positions were created within offenders in prison, to improve attendance the Department in January 2007 to monitor rates in court, to decrease the re-offending and support the activities of the five rate, to reduce the number of Court Orders Evaluation Courts which are part of the two- breached by Indigenous offenders, and year formal evaluation of the achievements to strengthen the partnership between of the program which began on 1 January the Magistrates Court and Indigenous 2007. communities with Indigenous justice issues. Data on the operation of the Evaluation Courts is being collected and referrals have Graph Q: Adult (Evaluation) Murri Courts been recorded in both adult and youth —Referrals per month by location jurisdictions.
40 Brisbane Townsville Rockhampton Mt Isa 35 Brisbane 30 Magistrates Payne and Herlihy have presided 25 over the Brisbane Adult Murri Court during the reporting period, with Magistrate 20 Pascoe presiding over the Brisbane Youth Number 15 Murri Court. Both the Brisbane Youth and Adult Murri Courts have been designated 10 Evaluation Courts. 5 A Murri Court Case Coordinator has been 0 appointed as part of the funding and Jan-07 Feb-07 Mar-07 Apr-07 May-07 Jun-07 evaluation process and is working closely Month/Year with Brisbane Murri Court magistrates and elders to identify local counselling and Graph R: Youth (Evaluation) Murri Courts support service providers to improve the —Referrals per month by location availability of alternative sentencing options to imprisonment, where appropriate. Brisbane Mt Isa 25 Rockhampton Caboolture Identified service providers are then Townsville encouraged to provide their rehabilitation 20 services to help Indigenous offenders who are referred to them and to promote 15 their reintegration into their community. The referrals have included employment, housing and family support services. Number 10 The Brisbane Adult Murri Court is the 5 busiest in Queensland with one court list each week. There has been considerable interest in its operation. Its court sessions 0 are regularly visited by judicial officers and Jan-07 Feb-07 Mar-07 Apr-07 May-07 Jun-07 dignitaries from interstate and overseas as Month/Year well as by local community members.
104 Magistrates Courts of Queensland In October 2006, Her Excellency Ms Over the past year, Magistrate Allingham Quentin Bryce AC, Governor of Queensland, and the newly-appointed Caboolture Murri accompanied by Mr Michael Bryce, visited Court Coordinator have been extending the the Court when it was in session and support network of the Court to include later met with the Murri Court elders and traditional elders from Bribie Island. The respected persons who support the court in Court welcomed Aunty Marj Grant as a its work. Caboolture Murri Court elder in early 2007.
The Brisbane Adult Murri Court tries to All Caboolture Murri Court elders have minimise the number of court appearances undergone training in the past year to for a defendant as this reduces the risk of ensure they are aware of administrative and bail breaches or the amount of time held in ethical requirements of Murri Court. Further custody awaiting determination. training, in the form of Accreditation for Youth Justice Conferencing, is also currently The Court’s access to sentencing options being canvassed. Youth Justice Conferencing as an alternative to imprisonment, has been identified by the elders as having combined with the advice of elders on the potential to become a practical and the appropriateness of these options, has culturally-appropriate dispute resolution resulted in only 23% of defendants serving process, albeit with more Indigenous input. any additional time in custody following sentence in the Brisbane Adult Murri Court. The Caboolture Youth Murri Court currently sits every third Friday. The Court is The Brisbane Youth Murri Court is held considering an adult jurisdiction to extend monthly. This Court’s sentencing process the scope of the Court. addresses the needs of the young person by creating a nurturing environment and promoting respect and dignity for all Cherbourg attending. The Murri Court at Cherbourg was initiated The Brisbane Youth Murri Court saw the by Magistrate Guttridge as the first Murri retirement of Brisbane Childrens Court Court in an Indigenous Community. It has Magistrate Pascoe on 22 June 2007. Mr been sitting since November 2006, with Pascoe was appointed to the Queensland the process reported as beneficial by all magistracy in 1988 and to the Childrens involved. Court in 1996. His compassion towards children and young people has been a The Indigenous community in Cherbourg hallmark of Brisbane Youth Murri Court values input into the court process, while since it was established in March 2004. Mr the offenders have an opportunity to greater Pascoe is wished all the best in his future understand the impact of their offending endeavours. behaviour.
Magistrate Dowse has been appointed to the Magistrate Guttridge has commented that: Brisbane Childrens Court and will continue “The offender also has greater input into the Youth Murri Court as a part of her role. the sentencing process and understands more clearly why the penalty is being imposed. That is, they do not leave Caboolture court wondering what has happened A Youth Murri Court was established in and what sentence they have been given. Caboolture in February 2006 and has been They leave court knowing the sentence operating successfully with the cooperation, that has been imposed and understand goodwill and commitment of the local why it has been imposed. In those circumstances there is a greater access magistracy and Indigenous elders. to real and understandable justice.”
Annual Report 2006—2007 105 Murri Court continued
Cleveland Cleveland Murri Court is held every second Thursday afternoon. Cleveland provides Cleveland Murri Court was officially opened both Adult and Youth Murri Courts. Seven on 24th May 2007. The Cleveland Murri elders or respected persons have been Court is an initiative of Magistrate Tynan, selected to advise the magistrate on cultural in consultation with the local Indigenous issues. Two elders sit with the magistrate on community. The goodwill of local elders was each court date. Elders or respected persons instrumental in achieving this significant selected for Cleveland Murri Court are Boni milestone for the local Indigenous Robertson, Colleen Costello, Delma Barton, community. Cliff Campbell, Helen Martin, Margaret Iselin and Joan Hendrix.
Stradbroke Island elder Margaret Iselin states that up to 15 defendants can go through Murri Court on each Murri Court day. Whilst Mrs Iselin says it is too early to make any judgment about the effectiveness of the Murri Court, the experience has identified some key areas in which her community can help to improve the rehabilitation of offenders.
Many offenders are placed on Community Based Orders by the Murri Court. Male offenders may be directed to perform community service under the supervision Magistrate Tynan, community dignitaries and Indigenous elders enter the of the Minjerribah Moorgumpin elders Cleveland courthouse during the smoking ceremony conducted at the opening organisation on Stradbroke Island. Here they session of the Murri Court in May 2007. (Photograph courtesy of The Redland Times) help with ground-keeping and maintenance duties as part of the order. Mrs Iselin has observed a lot of defendants not complying with their orders and would like to see some type of employment or skills-based training made accessible for defendants so that they are working full time.
Mrs Iselin sees the Stradbroke elders playing a greater role in mentoring young people on the Island and helping younger ones take responsibility for their lives. The Indigenous community is encouraged that the magistrate listens and takes into account elder advice when making determinations.
Magistrate Tynan and Mr John Close (Manager, Goori House) with Minjerribah Moorgumpin elder, Aunty Margaret Iselin as she receives a plaque of appreciation from Chief Magistrate Judge Irwin after the opening ceremony of the Murri Court at Cleveland courthouse. (Photograph courtesy of The Redland Times)
106 Magistrates Courts of Queensland Ipswich Newly-established community programs, such as Indigenous Men’s and Women’s Ipswich Murri Court was officially Groups, are being used by the Murri Court. opened on 12 February 2007. Murri Court These programs were developed through the operates at the Ipswich Court every second Social Justice Group following identification Monday afternoon of each month. Seven of the needs of defendants going through representatives from the Ipswich Social the Murri Court. The programs are still in Justice Group have been selected to advise their infancy; however, $10 000 provided the magistrate on cultural issues at Murri through JAG funding to the Ipswich Social Court sittings. They are Rosie Connors, Justice Group is being used to develop the Phillip Connors, Gayle Munns, Vern Yasso, Indigenous Men’s Group program. Joanne McConnell, Joseph Kirk, and Elizabeth Bong. The Indigenous Women’s Group works in partnership with Cambu Health, the Social The three Ipswich magistrates who share Justice Group members and Queensland the Murri Court work are Magistrates Corrective Services. Defendants attending McLaughlin, MacCallum and Daley. the Women’s Group are counselled through Protocols allow community representatives services provided by ATODS, Goori House, sitting in Murri Court to receive the pre- and Queensland Health. sentence reports prior to court.
Usually, four to six defendants attend Mount Isa each Murri Court sitting. The Court tries to identify ways that the defendant’s The Mount Isa Murri Court has been behaviour might be changed—such as a established since February 2004. Its practices referral to voluntarily attend a program have been refined over time following the such as Alcohol and Tobacco and other implementation of various bail options and Drugs Service (ATODS) counselling or procedures and has evolved into a unique grief counselling. Follow-up and on-going Indigenous sentencing forum. Bail programs support is given to the defendant by the run for a minimum of three months and up Social Justice Group after court. to six months, depending on the response of the client. Non-compliance with the bail program may result in the matter being returned to mainstream Magistrates Court.
The practices that set Mount Isa apart are:
a bail program that forms the basis of client rehabilitation to include conditions such as • reporting to the Community Justice Group and complying with directions of the group • attending ATODS
The official opening of Ipswich’s Murri Court was well attended by both legal • attending the weekly Murri Men's or and community members of Ipswich as well as government officers. Murri Women's Support Group meetings. L-R: Mr V Yasso, member of Murri Court’s Advisory Panel; Ms F Craigie, Regional Murri Court Case Coordinator; Magistrate MacCallum, Regional Corordinating Magistrate; Judge Irwin, Chief Magistrate; Ms J Grantham, Deputy Director-General JAG; Ms T Oertel, traditional land owner
Annual Report 2006—2007 107 Murri Court continued
imprisonment is not imposed in the Mount Rockhampton Isa Murri Court (except on immediate parole release) because Establishment of Murri Court in Rockhampton in 2003 has continued as • one of the aims of the Murri Court is a cornerstone of justice for Indigenous to address the over-representation of Communities in the Rockhampton region. Indigenous people in prison It has also been a process that has • if imprisonment cannot be avoided, the strengthened and enriched the Indigenous request for transfer to Murri Court is not community and the Magistrates Court. made by Court stakeholders Murri Court’s major component in • this protects the elders from the wrath Rockhampton is the collaboration in of the community, as it is still widely the delivery of services by community believed that the elders ‘sentence’ the organisations and government agencies offender in addressing the over-representation of • it portrays Murri Court as being a Indigenous people in custody. An important rehabilitative forum. outcome for the wider community has been the change in offending behaviours of Men’s Business and Women’s Business is Indigenous offenders. Indigenous partners implemented in Murri Court and its bail in the program believe it has empowered the programs, which means Indigenous community to be more involved • this customary rite, applied in Murri in the delivery of services and, importantly, Court, enables male and female elders to ‘Break Down Barriers to Justice’ and have to talk separately with offenders and a say in the Rockhampton Magistrates Court. their spousal partners, allowing free Major achievements in 2006–2007 for discussion in a safe environment Rockhampton Murri Court, community and • offenders and their partners attend elders include: Women's or Men's Support Groups • release of the Review of Murri Court, • the counselling of both parties is a Murri Court Brochure and Murri Court cornerstone of the family healing process News • cultural appropriateness is maintained. • recognition and payment of expenses of elders who attend Murri Court These principles are applied to Youth and • employment of a Murri Court Adult Murri Court, with the exception of the Coordinator in Rockhampton length of the Youth Bail Program, which extends for no longer than three months. • establishment of a Specialist Courts unit, including Murri Court, Indigenous Community Justice Programs, and the Queensland Indigenous Alcohol Diversion Program, all working together and striving to deliver a comprehensive service for Indigenous people in the Magistrates Court • elders attending relevant workshops to expand their knowledge in the operation of Community Justice Groups, Murri Court, and of the involvement of the Departments of Youth, Justice, and Corrective Services in court activities and to develop partnerships with all services for positive outcomes
108 Magistrates Courts of Queensland Townsville The Townsville Adult Murri Court has been sitting every second Thursday throughout 2006−2007 with 125 referrals to the Court. The Youth Murri Court sits each Wednesday. Since January 2007, the Youth Murri Court has had 16 referrals of young offenders who risked detention (for whom Pre-Sentence Reports were ordered). Other offenders appearing before the Court were dealt with through Formal Reprimands and Good Behaviour Bonds.
This year, the Adult Murri Court has had Indigenous advisers to the Murri Court in Rockhampton defendants from Ingham, Charters Towers L-R: Ms D Hustler, elder; Ms C Willie, Murri Court case coordinator; and Palm Island. Murri Court has been Ms E Alley, elder; Ms M Green, elder; Ms C Coolwell, elder; Ms D Beatson, Regional Advisor for Indigenous Justice Programs held at Palm Island when defendants from Palm Island have been unable to return to Townsville due to weather or financial • Youth Murri Court began operating restrictions. The defendants have had weekly this year to ensure all Indigenous support from their respective Community youth have the opportunity of the Justice Groups, who have appeared in court support and monitoring of elders and for these matters. Community Justice Groups whilst on Defendants in the Adult Murri Court Orders. who are allowed bail must comply with Elders comments on Murri Court include: special conditions including to report to the Community Justice Group to enable • ‘We just want to help,’ Connie Coolwell completion of a cultural report and to • ‘I just want to be there for the youth and Queensland Corrective Services to complete adults,’ Dorothy Hustler a Pre-Sentence Report. These reports are • ’We will assist as much as we can,’ Edna then delivered to the Presiding Magistrate Alley and play a vital role in the process because • ‘The work is rewarding,’ Olive Donald they provide a detailed history of the defendant which is usually unavailable in a • ‘We are so grateful for Magistrate mainstream court process. Hennessy,’ Fitzroy Basin elders. Community Justice Groups often play an Elder representatives have expressed their important role after a defendant is sentenced thanks to Magistrate Hennessy for her in the Murri Court. Many defendants are initiative in the establishment of Murri Court required to report to the Justice Group as in Rockhampton. part of a Probation Order. This then enables Indigenous offenders to have ongoing support and to reinforce the need to attend any programs or visits to the Probation Office.
Annual Report 2006—2007 109 Queensland Magistrates Early Referral Into Treatment Program
The Queensland Magistrates Early Referral The program is intensive and usually runs Into Treatment (QMERIT) Program is a for a period of 12–16 weeks. It is undertaken bail-based diversion program which has while the defendant is on bail prior to their been operating as a pilot at the Redcliffe charges being dealt with by the Court. and Maroochydore Magistrates Courts since Upon meeting eligibility requirements, the August 2006. Its focus is to help suitably defendant is assessed by a team of health motivated offenders to overcome their professionals to ascertain the individual’s problematic drug use and end their associated issues and needs. The resulting assessment criminal behaviour through court-enforced report is submitted to the court and the and supervised treatment programs. magistrate determines whether or not to admit the defendant into the program. If This innovative program is governed by admitted, the defendant’s agreement to Practice Direction 4 of 2006 which is found participate is incorporated as part of their at Appendix 2. bail conditions. They then commence an Eligibility for program assessment is subject individual treatment plan recommended to a number of factors which include being by the assessment team and, during their over 18 years of age, eligible for bail, and participation in the program, they are suitable for release on bail into the program. supported by a case worker. Treatment can Further, defendants must consent to the entail: program and reside in an area where they • case management can participate in the program. Their offences must be related to problematic illicit drug use • detoxification and be able to be dealt with summarily. Post- • medication plea referrals for assessment can be made in • residential rehabilitation appropriate cases. • day treatment To 30 June 2007, a total of 204 defendants • individual counselling. were referred to the program. Of these, 91 defendants were deemed suitable Day treatment involves one-on-one to participate and 19 defendants have counselling, group work, grief and loss graduated. counselling, budgeting advice, as well as referral to specialists’ services for issues The source of most referrals has been such as sexual abuse counselling. defendant’s legal representatives; however, referrals can come from the defendants The program may be commenced before themselves as well as from police officers the defendant enters a plea on the charges and the presiding magistrate. which placed him/her before the court— therefore, eligibility for the program is not dependant on the person pleading guilty to offences. A plea may be entered at any time before the defendant completes the program. The Court deals with the charges against the defendant when the program is completed or terminated.
110 Magistrates Courts of Queensland If the defendant pleads guilty or is found Although programs such as QMERIT can guilty of the charges for which he or she lengthen the court process and use more has participated in QMERIT, the successful court time, they present defendants with completion of the program is a matter supportive opportunities to turn their lives which may be placed before the court to around and can lead to reduced offending be considered in mitigation of penalty. and fewer social problems within in the However, as it is a voluntary program, its community. unsuccessful completion is not a matter that can be placed before the court. Evaluation of the program will commence in July 2007. Because the program is so intensive and personalised, there is currently a cap on the number of defendants who can participate in the program at each court centre. Redcliffe can have up to 29 defendants undertaking the program and Maroochydore’s capacity is 49 defendants.
When the program first commenced, it took up to six weeks for the Court to accept its first participant. At present, four or five defendants are referred to the program at each of the court centres on a weekly basis.
Annual Report 2006—2007 111 Illicit Drugs Court Diversion Program
The Illicit Drugs Court Diversion Program The different counselling packages are has offered magistrates a very important designed by Queensland Health for various alternative sentencing option for people age groups as well as an individual charged with minor drug offences in all Indigenous program. Each package is Queensland Magistrates Courts for the past structured to address the differing needs and two years. This innovative program began the drug-offending behaviour of different as a pilot in the Brisbane Magistrates Court individuals, such as juveniles 14−18, young District over four years ago on 28 March adults 19−25, adults 26−40, older adults 2003 and became state-wide on 1 July 2005. 40+, and Indigenous people.
Most drug offences in Queensland involve Each session is personalised and the possession of small amounts of illicit drugs offender is asked to consider their use of for personal use. The Court Diversion illicit drugs and any problems they may Program is not a ‘soft option’ or about be experiencing. They are provided with decriminalisation or legalisation of the use information and advice on the health effects of illicit drugs. It is an innovative approach of illicit drug use, the legal consequences of to addressing illegal drug use and, in turn, continued use, and they develop a personal offending behaviour. This is done through plan to address their drug-offending one-on-one counselling, with continued behaviour. support if the offender desires. Diversion is about helping to prevent a new generation Since April 2003 when the program of drug users committing drug-related commenced, 9518 offenders, including 296 crimes that come at an enormous cost to our juveniles, have been diverted into a Drug communities. Assessment and Education session. The compliance rate continues to remain at a The program allows adult and juvenile high 91%. In the year ending 30 June 2007, offenders, charged with minor drug offences 3726 offenders were diverted. Program (consistent with the amounts generally participation in the past two years is as associated with personal use), the option of follows: rehabilitation through counselling and gives them a chance to keep their record ‘clean’ 2005-06 2006-07 3687 3633 with no conviction recorded against their Adults 113 93 name. Juveniles Total 3800 3726 Before diversionary programs were introduced, the most common penalty was a fine. Over the years, this penalty has proven ineffective in reducing the use of illegal drugs. The Court Diversion Program offers the opportunity for offenders to be diverted from court and placed on a recognisance with a condition of attending a Drug Assessment and Education Session.
112 Magistrates Courts of Queensland The program continues to divert offenders Improved processes and procedures, as well charged under ss9 and s10(2) (a) and (b) of as court systems that are more ‘user friendly’ the Drugs Misuse Act 1986 (possession of for all our stakeholders, are continually dangerous drug and possession of utensil); being sought. Consequently, court officers however, in August 2007, new legislation visit Queensland courts to obtain valuable to include syringe charges (failure to feedback, to present workshops for all dispose and failure to take reasonable care) stakeholders, and to offer training to is expected to be debated and passed in enhance the understanding of the program Parliament. This will give more first-time and to highlight its positive aspects. drug offenders the opportunity to seek rehabilitation rather than to be issued with a The Court Diversion Program continues to fine. Although no conviction is recorded for be funded through Commonwealth Health, those who take this opportunity by agreeing administered by JAG and managed by four to enter into the conditional recognisance staff. It is currently funded until June 2008. and who complete the program, failure to complete the program may result in the offender being returned to the court for sentencing.
Annual Report 2006—2007 113 Cairns Alcohol Remand and Rehabilitation Program
In March 2003, in response to the problems including that they are released only to of public drunkenness and disorderly an authorised representative of the service behaviour which was then prevalent in provider and that they reside at a particular Cairns, Mr Arthur Poa, Counsellor/Program rehabilitation facility. Manager of Douglas House Substance Use Rehabilitation Service in Cairns, initiated a If the offender complies with the bail meeting of representatives of state and local conditions and participates in the program, governments with representatives of the the court will receive recommendations from local judiciary, police and legal services. the rehabilitation service provider, including whether or not a further remand is necessary As a result, a residential rehabilitation to continue with the program for a period program was developed, with the assistance of up to two months. The magistrate may of the Aboriginal and Islanders Alcohol grant a further remand after considering the Relief Service (AIARS) and Ozcare, for recommendation or may elect to sentence persistent offenders to help them address the defendant for the substantive offence. their alcoholism and homeless issues and to divert them from the court and prison As CARRP is a prescribed program for the system. This innovative program is now Bail Act, a breach of the bail condition is known as The Cairns Alcohol Remand not an offence; however, when the offender and Rehabilitation Program (CARRP) and reappears in court, the magistrate may elect is funded through government grants. In to sentence on the outstanding substantive September 2005, the program was extended charges. to operate at Mareeba. During the first two years of the program’s The supervised residential rehabilitation operation, up to ten participants could be accommodation is located at Douglas House accommodated at any one time at both in Cairns and at Rose Colless Haven just Cairns and Mareeba and, importantly, 60% outside Mareeba. Apart from health and life of CARRP participants did not re-offend skills education, residents receive one-to- within a period of 12 months. one medical consultations and counselling. The number of repeat offenders is now Importantly, they also receive culturally so low that, during 2006−2007, only ten appropriate social and emotional support to offenders were admitted to the program. re-engage with family and communities for In the previous year, 37 offenders were ongoing support. admitted to the program.
When an offender is brought before the Magistrates in Cairns and Mareeba have court, the magistrate may consider that been impressed with the effectiveness they meet the eligibility criteria for court of this program. From the magistracy’s diversion. Provided the defendant consents perspective, the success of CARRP in these to participate, they are remanded in custody two communities may be indicative of the for 24 hours to enable AIARS or Ozcare to potential effectiveness of the Queensland conduct an assessment. If the offender is Indigenous Alcohol Diversion Program considered suitable for the program, they which commences as a three-year pilot in will be remanded for the recommended July 2007 at Townsville, Palm Island, Cairns, period of the residential program (usually Yarrabah, Rockhampton and Woorabinda. one month) and admitted to bail on their own undertaking, subject to conditions
114 Magistrates Courts of Queensland Queensland Indigenous Alcohol Diversion Program
The Queensland Indigenous Alcohol Successful completion of the program may Diversion Program (QIADP) is a three- year be placed before the court to be considered trial program which will operate from our in mitigation of penalty when the Court centres at Cairns (with outreach participant is sentenced. As it is a voluntary to Yarrabah), Townsville (with outreach opt-in program, its unsuccessful completion to Palm Island) and Rockhampton (with is not a matter to be placed before the court outreach to Woorabinda) from 2 July 2007. on sentence.
It is a voluntary treatment program for By the end of 2007, accommodation is Indigenous people who appear in either planned for up to 130 participants in QIADP the Magistrates Court for alcohol-related at any one time. To assist magistrates, offences (the criminal stream) or in the court staff, legal practitioners and program Childrens Court for child protection matters administrators, to correctly apply the where alcohol misuse plays a part in the eligibility criteria and procedures when concerning circumstances (the family dealing with referrals to this program, the intervention stream). Chief Magistrate published Protocol No 1 of 2007. The criminal stream will operate as a bail- based program and the family intervention The magistrates at Cairns, Townsville and stream will operate through case plan. Rockhampton are pleased to have the The program will last for five months. opportunity to trial this program and will Each participant will be case-managed give their full support to the local QIADP on a tailor-made program developed by treatment teams. health professionals to meet the issues and needs of the individual. The local QIADP Treatment Teams will be made up of professionals from up to eight different government departments and agencies. The Court will regularly review the participant’s progress during the program period and, on its completion, may make orders that will help the participant move from the program onto post-program outreach support.
Annual Report 2006—2007 115 Technological innovations
Magistrate Black presiding in court at Thursday Island hearing a bail application by videoconference link with police and defendant on SaiBai Island which is located 4km from the Papua New Guinea mainland
CCTV and videoconferencing The court continues to place emphasis on the use of videoconferencing technology. CCTV and/or videoconferencing, together It saves time and cost for the court and the with vulnerable witnesses/domestic violence community through reduced witness travel waiting rooms, continues to be installed costs and less disruption and inconvenience in our courts as they are refurbished, and for witnesses who can give evidence from videoconferencing is installed together with their home base rather than travelling to CCTV in new courts. This makes justice and waiting at court to give evidence. more responsive while protecting victims and vulnerable witnesses. Videoconferencing systems have been supplied to Doomadgee and Mornington Our courts now have 34 in-court Island. They have been used to facilitate court videoconference systems and 27 vulnerable during severe monsoonal weather which witness rooms that link to courtroom prevents the Mount Isa magistrate circuiting systems and are also used for remote there on some occasions. The equipment witness videoconferencing into our courts. has also been used for prison contact for prisoners and their immediate family.
116 Magistrates Courts of Queensland It has also been used for a Legal Aid client • 20 Video Court appearances from conference. This enables the community to Woodford Correctional Centre to have access to justice without the need to Richlands Magistrates Court. travel long distances. This reduces the cost of transportation and Over the coming year, videoconferencing court time, and enhances security. The systems will be installed to support Arrest success of this pilot will be used to improve Courts at Beenleigh and Southport and, the processes for defendant appearances importantly, in regional courts such as to extend Video Court, where appropriate, Weipa, Cooktown and Normanton. This is a throughout Queensland. significant step in improving peoples’ access to justice in remote locations. The success of this Video Court pilot will be used to improve the processes in other The court continues to use courts throughout Queensland. Our court videoconferencing for defendants in will continue to work with the Department custody. This is often called Video Court. of Corrective Services to increase the use of This allows bail and remand matters to this technology. be heard without the need to convey detainees to and from court. This increases Amendments are expected soon to the public safety and enables more police and Justices Act 1886, to extend the use of corrections officers to devote their time to videolinks by magistrates from cases where their core duties. Videoconferencing is done the defendant is a detainee or is at another in accordance with s178C of the Justices court, to cases where the defendant is at Act 1886 and is supported by Practice a place other than a court. This will be of Directions for the Brisbane Magistrates particular benefit in the Torres Strait to Court, (including the Arrest Courts), the alleviate the costs and danger experienced Beenleigh, Ipswich, Southport, Maryborough by people who have to travel by air or and Hervey Bay Courts and, most recently, under Practice Direction 5 of 2006 for the open dinghies from remote islands to the Richlands Magistrates Court. Thursday Island Court for minor court matters. A pilot was conducted at Richlands Magistrates Court from 1 January 2007 to 30 June 2007 to use videoconferencing in as WiFi service many situations as possible. This reduces the cost of transportation and court time, and The WiFi service, which provides free enhances security. broadband internet access using wireless technology to people attending our courts, During that pilot, the physical transfer has been expanded to Maryborough, Hervey of prisoners who appeared at Richlands Bay and Toowoomba. It has also been Magistrates Court was reduced by over 40%. installed in more courtrooms in the existing This is demonstrated by the figures at page centres at the Brisbane Magistrates Court 129 of this report. A review of the pilot at George Street, Southport, Beenleigh, revealed the following outcomes. Ipswich, Maroochydore, Rockhampton, • 160 prisoner transfers from Arthur Mackay, Townsville and Cairns. Gorrie Correctional Centre (AGCC) to Richlands Magistrates Court This innovative service is now available in • 132 Video Court appearances from AGCC more than 120 courtrooms in 15 centres to Richlands Magistrates Court throughout the state and has been very positively received by court users. • 24 prisoner transfers from Woodford Correctional Centre to Richlands Magistrates Court
Annual Report 2006—2007 117 Technological innovations continued
Remote access Deputy Chief Magistrate Hine was a member of the Sentencing Database Steering Magistrates now have remote access to their Committee that developed QSIS. He is now intranet and emails, through a secure access a member of the Data Focus Group which ID device, to the State Government Citrix gives on-going consideration to the type Server. The issue of Citrix connectivity has of content to be included in QSIS and been a problem, especially for magistrates determines how that content should be used. on circuit. A new Citrix portal was released in June 2007 which provides an improved user experience, with the ability to open QComp Electronic Database of full screen windows and provide access to Appeal Decisions virtual drives, regardless of whether access was through the new 3G mobile wireless The Magistrates Court was involved with solution or through a third-party computer another electronic database innovation—the with internet connectivity. This was achieved development and launch of QComp’s through a new 3G USB connection card and electronic database of appeal decisions a wireless antenna that plugs directly into the known as QWCDEC (pronounced Quick computer. A limited pilot with magistrates in Deck). It is available at
118 Magistrates Courts of Queensland The project developed a proposal for Multifunction printers the planning, funding, implementing and maintaining of physical network Magistrates’ printers have been replaced with infrastructure and services across all three Multi-function devices (MFD) which have agencies. Although it is necessary to keep fax, scan, copy and print capability. The the information of each agency segregated MFDs have increased efficiency, particularly from the other, the use of common designs in processing various applications and and standards make the upgrade more warrants, through being able to send and viable. Agencies agreed that the model receive documents by fax, scan documents, would allow reliable service delivery by and then email them to legal representatives, a single entity, without jeopardising the the police or other entities. operational imperatives of the Police Service and Corrective Services or the independence of the Courts and statutory bodies. Information technology education Under this model, Information Technology Services for JAG remain accountable for Continuing software education and the the delivery of network services to the promotion of the use of technology to Courts. The size and scope of the Network enhance the effectiveness of magistrates is will benefit Queensland magistrates because a continual challenge because of the vast the speed of access will be greatly improved, distances between court locations. However, particularly for magistrates on circuit at the Research and Reference Librarians from smaller or remote centres where legal the JAG Library have been able to travel research or email use is quite slow at present. to various centres to train magistrates, including to Beenleigh, Caloundra, Charleville, Cleveland, Gladstone, Gympie, Digital dictation Ipswich, Kingaroy, Maroochydore, Rockhampton, Southport, Toowoomba, and Until this reporting year, it has been Warwick. necessary for magistrates to word process their own decisions because there was a lack of available administrative support. This year, JAG provided administrative assistants in Brisbane, Southport, Cairns and Townsville, whose responsibilities include word processing magistrates’ decisions and other materials such as legal papers for presentation at conferences. A trial using two digital dictation devices is taking place in Brisbane to help streamline the work of the administrative assistants.
Annual Report 2006—2007 119 Court administration 120 Magistrates Courts of Queensland From the desk of the Court Administrator
The upgrade of the historic Bowen Courthouse and the establishment of three new Murri Courts are just two of the highlights from the 2006-07 financial year. Changes in the way we collect and maintain information, train our staff and conduct our business have also lead to significant improvements across the Magistrates Courts during this period.
Perhaps the most significant operational change has been the Early Payment of Fines Project. Under this initiative, over 90% of court-ordered monetary penalties are immediately referred to the State Penalties Enforcement Registry (SPER) for collection. This provides clients with numerous payment options as well as maximising fines collections, allowing Magistrates Court Court Administrator Paul Marschke staff to offer improved court support and client services.
I recommenced as the Court Administrator in February 2007 and, since that time, have taken the opportunity to visit many courts across Queensland including Townsville, Cairns, Rockhampton, Bowen, Emerald, Ingham, St George, Moranbah, Sarina, Mackay, Proserpine, Ayr, Clermont, Blackwater and Yeppoon. These visits have allowed me to experience firsthand the working conditions of my staff across the regions.
I wish to take this opportunity to thank Mr Rob White, Regional Services Manager, Far North Queensland, and Ms Stephanie Attard, former Regional Services Manager, Sunshine Coast/Wide Bay Region for their hard work and commitment during my absence.
Significant career opportunities arose in July 2006, following the retirement of 15 Registrars and senior staff. The filling of these vacancies saw the appointment of a new generation of Court Registrars—and the appointment of Susie Warrington, our first female Principal Registrar.
Annual Report 2006—2007 121 From the desk of the Court Administrator continued
Regional Services Managers Mr Rob White, Far North Queensland region There are six Regional Services Managers (RSMs) appointed to regions throughout the Rob White joined the Queensland state to ensure best possible staff practice Magistrates Court in 1980 at Brisbane and encourage community engagement and subsequently worked at Ipswich, in the justice system. They are based Coolangatta, and Innisfail before in Cairns, Townsville, Rockhampton, appointment as Assistant Clerk of the Court Maroochydore, Toowoomba and Brisbane. (since retitled Deputy Registrar) at Cairns RSMs are focussed in their commitment in 1992. Atherton was his next place of to foster client service and support the call, with his appointment as Registrar in career development of our court staff. This 1996. Rob spent ten years as Registrar until encompasses not only identifying training appointed to his current position of Regional and development opportunities, but also Services Manager, Far North Queensland in includes the mentoring of Registrars and November 2005. one-on-one contact with all court staff. Rob’s region includes seven Magistrates The RSMs have also continued to strengthen Courts from Thursday Island in the north, inter-agency networks by the innovative Innisfail in the south, and Weipa in the west. use of resources between regional agencies. There are also two Queensland Government They have actively promoted justice services Agency Program (QGAP) offices and ten throughout their regions, and developed and Police Clerks of the Court. maintained a range of external and internal Within the region there are: relationships. A brief outline on each • Court Registry Offices at Atherton, manager and the registries and offices that Cairns, Innisfail, Mareeba, Mossman, come under their control follows. Thursday Island and Tully • QGAP Offices at Cooktown and Weipa • A QGAP Office (where JAG is not the lead agent) at Georgetown • Police Clerks of the Court based at Aurukun, Bamaga, Chillagoe, Coen, Croydon, Einasleigh, Kowanyama, Lockhart River, Pormpuraaw and Yarrabah.
Mr Michael Bice, North Queensland region
Michael Bice was appointed as the Regional Services Manager for North Queensland in November 2005. Michael has a wealth of experience in courts’ administration from Court Administrator Paul Marschke with senior administrative officers his previous capacity as a Courts Registrar of the Court and Acting Magistrate. He was also the first Registrar appointed to the Office of the State Coroner in January 2005.
122 Magistrates Courts of Queensland Michael’s region includes eight Magistrates • QGAP Offices (where JAG is not the lead Courts from Ingham in the north, Proserpine agent) which provide Registry Services at in the south, and Mount Isa in the west. Blackall, Monto and Winton There are also four QGAP offices and 13 • Police Clerks of the Court based at Alpha, Police Clerks of the Court. Baralaba, Duaringa, Isisford, Jundah, Muttaburra, St Lawrence, Windorah and Within the region there are: Yaraka. • Court Registry Offices at Ayr, Bowen, Charters Towers, Cloncurry, Ingham, Dennis will take up duties as Regional Mount Isa, Proserpine and Townsville Services Manager, Sunshine Coast and Wide • QGAP Offices at Julia Creek, Normanton Bay Region on 2 July 2007. and Richmond • A QGAP Office (where JAG is not the Mr Michael Webb, lead agent) at Hughenden Sunshine Coast/Wide Bay region • Police Clerks of the Court based at (acting RSM) Bedourie, Birdsville, Boulia, Burketown, Michael Webb commenced as a clerk in the Camooweal, Dajarra, Doomadgee, Magistrates Court at Pittsworth in 1987. Great Palm Island, Greenvale, Kynuna, He has also worked at Gatton, Toowoomba, McKinlay, Mornington Island and Brisbane and Ipswich and was appointed Pentland. Deputy Registrar at Ipswich in 1998 and as Registrar at Brisbane in 2001. Mr Dennis Beutel, Central Queensland region Michael was appointed Manager, Courts Operations, Magistrates Courts Branch, in Dennis Beutel began his career at 2005 and recently had the opportunity to Maroochydore Magistrates Court in 1974. relieve as Regional Services Manager for the Throughout his service, Dennis has served Sunshine Coast/Wide Bay region for four in various capacities (including as an Acting months. Magistrate) at Maroochydore, Gympie, The Sunshine Coast/Wide Bay region includes Mackay, Brisbane, Maryborough, Mitchell, 17 Magistrates Courts from Hervey Bay in the Blackall, Bowen, Nambour, Noosa, Roma north, Sandgate in the south, and Gayndah and Rockhampton. in the west. There is also one QGAP office In November 2005, Dennis was appointed to located in the region. the position of Regional Services Manager Within the Sunshine Coast/Wide Bay region: of the Central Queensland area. Dennis’ • Court Registry Offices at Caboolture, region includes nine Magistrates Courts Caloundra, Gayndah, Gympie, Hervey Bay, from Mackay in the north, Childers in the Kingaroy, Landsborough, Maroochydore, south, and Winton in the west. There are Maryborough, Nambour, Nanango, Noosa, also nine QGAP offices and nine Police Petrie, Pomona, Redcliffe, Sandgate and Clerks of the Court. Toogoolawah Within the region there are: • A QGAP office at Murgon.
• Court Registry Offices at Biloela, Stephanie Attard, the former Regional Blackwater, Bundaberg, Childers, Services Manager for the Sunshine Coast/ Emerald, Gladstone, Longreach, Mackay Wide Bay Region briefly relieved as Court and Rockhampton Administrator in mid-December 2006 before • QGAP Offices at Barcaldine, Clermont, accepting a secondment as Assistant Director Moranbah, Sarina, Springsure and of Finance, Financial Services. Stephanie will Yeppoon take up her new role as Acting Director, State Recording Bureau, on 2 July 2007.
Annual Report 2006—2007 123 From the desk of the Court Administrator continued
During Stephanie’s absence, Michael Mr Sean Harvey, Sherwin, Registrar at Redcliffe, also relieved South East Queensland as Regional Services Manager and Dennis Beutel, Regional Services Manager Central Sean Harvey began his career in JAG in Queensland, will permanently take up duties 1978, working in the Magistrates Courts in in this Region on 2 July 2007. Brisbane. After eight years, he moved to the former Courts Program, now the Justice A significant achievement for the year within Administration Branch. He has since worked the Sunshine Coast/Wide Bay region included in many areas of JAG including as Registrar a Sorry Day Event held at Caloundra of Justices of the Peace, Budget Officer for Magistrates Court on 26 May 2007. The Courts, Manager of GST Implementation, event included a Welcome to Country for Executive Officer in the Director-General’s Magistrate Fingleton, in recognition of Office, A/Executive Manager Operational her services to Indigenous issues in the Review, and Manager of the Workforce community. Planning Unit in the Organisational Capability Branch. Sean recently renewed Mr Len Radnedge, his relationship with the Magistrates Court South West Queensland region by commencing as the Acting Regional Len Radnedge has worked with the courts Service Manager for the South East Region for 36 years, starting his career in his home and, in February 2007, was permanently town of Charleville in 1971. Since then, Len appointed to the role. has worked in many centres throughout Queensland, including Charleville, The South East Queensland region includes Caboolture, Townsville, Roma, Rockhampton, nine Magistrates Courts that covers Brisbane Gladstone and now as Regional Services and south to Coolangatta. Manager for South West Queensland. Within the region there are: Len’s region is one of the more • Court Registry Offices at Beaudesert, geographically diverse regions and Beenleigh, Brisbane, Cleveland, includes 16 Magistrates Courts that extend Coolangatta, Holland Park, Richlands, from Ipswich in the east, Stanthorpe and Southport and Wynnum. Goondiwindi in the south, Cunnamulla and Charleville in the west, and Taroom in the north. There are also two QGAP offices and Courts Innovation Programs 11 Police Clerks of the Court. The Courts Innovation Programs Unit Within the region there are: of JAG has been developed to support • Court Registry Offices at Charleville, diversionary options for offenders earlier Chinchilla, Cunnamulla, Dalby, Gatton, in their offending history and to support Goondiwindi, Ipswich, Oakey, Pittsworth, alternative sentencing options for people Roma, Stanthorpe, Taroom, Toowoomba whose offences are a result of drug or and Warwick alcohol addiction. This initiative is also • QGAP Offices at Mitchell and St George responsible for the coordination of strategies to reduce Indigenous over-representation in • A Department of Mines Office (where the criminal justice system. court is convened every three months) at Quilpie Mr Peter Kent, formerly of the Courts • Police Clerks of the Court based at Strategy Unit, was appointed Director of the Adavale, Bollon, Dirranbandi, Eromanga, Courts Innovation Programs (CIP) in May Hungerford, Meandarra, Mungindi, 2006. His role is to promote administrative Tambo, Tara, Thargomindah and economies and improve service across all Wyandra. these various initiatives.
124 Magistrates Courts of Queensland The CIP Unit currently consists of seven January 2007 also saw the provision of initiatives, these are; additional funding by the government that • Community Justice Groups enabled six Murri Court Case Co-ordinators to be employed and commence duties in • Murri Court Brisbane, Rockhampton, Townsville and Mt • Queensland Indigenous Alcohol Isa. These officers support the previously Diversion Program (QIADP) established Murri Courts (with a Brisbane • Drug Court based Case Co-ordinator supporting the Youth Murri Court at Caboolture) and, as far • Illicit Drugs Court Diversion Program as capacity exists, assist with Murri Court • Queensland Magistrates Early Referral operations at a growing number of new Into Treatment Program (QMERIT) locations. The early successes of the Murri • Homeless Persons Court Diversion Court initiative has seen the establishment Program Pilot of new Murri Courts at Cherbourg, Ipswich Coen, and Cleveland during the current Although the CIP Unit was established in financial year and proposed expansions into May 2006, there has been a significant at least three new sites in 2007-08. growth in the types of diversionary and treatment programs offered and the number The continuing success of Murri Court will of staff employed to deliver these services at least partially depend on the ability and in the last twelve months. The transfer drive of the Case Co-ordinators as they seek to establish true diversionary options of responsibility for Community Justice aimed at giving the sentencing Magistrate Groups (CJG’s) from the former Department an alternative to incarceration. In Brisbane of Aboriginal and Torres Strait Islander contacts have already been established with Policy (DATSIP) occurred in July 2006 and Indigenous employment agencies so that resulted in the employment of a Manager Murri Court participants have a chance to and 11 Regional Advisors who facilitate the be gainfully employed rather than having to activities of group members as they strive resort to crime. to support indigenous offenders and victims through the criminal justice process. The Queensland Indigenous Alcohol Diversion Program (QIADP) is another CIP In recognition of the valuable work that initiative that aims to improve the health of the 41 grant funded CJGs undertake in Indigenous people and reduce the number helping to redress the over representation of Aborigines and Torres Strait Islanders in involved in the criminal justice and child the justice system, the Government provided protection systems. Although not scheduled an extra $1 million in January 2007 to train to commence until July 2007, the CIP Unit group members and to provide appropriate has employed a Manager and three Court levels of administrative assistance. Case Co-ordinators who have been working proactively in the latter half of this year The extra money has meant that all groups with the magistrates and officers from the are now equitably funded and has enabled partner agencies of Queensland Health, five members from each group to undertake a five day training workshop focused on Legal Aid Queensland, Aboriginal Torres making court submissions and resolving Strait Islander Legal Service, Department community conflict. A total of 188 members of Communities, Queensland Police participated in the forums at the following Service and Department of Premier and locations: Toowoomba (21), Rockhampton Cabinet to implement the program at the (25), Townsville (19), Mount Isa (14), Cairns three pilot sites of Cairns, Townsville and (78) and Thursday Island (31). Rockhampton.
Annual Report 2006—2007 125 From the desk of the Court Administrator continued
At the conclusion of the three year In Queensland, the Illicit Drug Diversion pilot program it is anticipated that an Initiative (QIDDI) funds the Court Diversion independent evaluation will find that QIADP Program (available in all Queensland Courts) has had a significant effect on reducing and QMERIT (currently being piloted in instances of crime and child neglect caused Redcliffe and Maroochydore). The success of by severe alcohol use and dependency. these two programs in addressing lower- end personal drug use crimes is currently On 1 July 2006, seven years after the being assessed via a number of evaluation Drug Court was first piloted at Beenleigh, studies funded by the Commonwealth. It is Southport and Ipswich, it became a anticipated that the positive results being permanent entity at those three locations as achieved by the Illicit Drugs Court Diversion well as in Townsville and Cairns. Program (91% of offenders complying with The decision to incorporate this diversionary their court ordered treatment programs) and program into the day-to-day running of the early indications of QMERIT outcomes, will Queensland Magistrates Court acknowledges be reflected in the 2007-2008 evaluations the successes that have been achieved to and will convince the Federal Government date such as the avoidance of resource of the efficacy in continuing to fund the costs to manage an estimated 338 years initiatives upon the conclusion of the current of imprisonment that the 238 Drug Court funding in June 2008. graduates would have incurred to the The court based drug diversion staff has community had they not been diverted from been working actively over the year to prison to drug rehabilitation. Mainstreaming ensure that magistrates, registry staff, private the Drug Court program has not meant that solicitors and barristers, police prosecutors the requirement to keep the model effective, and Legal Aid solicitors are fully aware of relevant and cutting-edge has in any way the positive aspects of these programs and diminished. this culminated in a Remind Retrain Re- Late in 2006 the residential requirements educate Workshop for over 40 participants for Drug Court participants at the Beenleigh from throughout the state being conducted Court was expanded to include all localities in Brisbane in June 2007. south of the Brisbane River. An expansion The 2006-2007 financial year saw the of the Cairns region is presently being consolidation of a Homeless Persons Court considered to ensure that the program Diversion Program (HPCDP) operating continues to work at optimal capacity. out of the Brisbane Arrest Courts. Further The preceding initiatives demonstrate information about this pilot project is at that the Magistrates Court encourages the page 90 and page 91. various State government departments to In addition to the $304 000 the Government work cooperatively to produce effective allocated to fund this initiative, the court diversion programs. However, the department assigned additional money to Illicit Drugs Court Diversion Initiative and provide office accommodation adjacent to Queensland Magistrates Early Referral Brisbane’s Arrest Courts and administrative into Treatment (QMERIT) programs support for the Court Liaison Officer. have introduced a third branch to the partnership in the form of funding by the Commonwealth Department of Health and Ageing.
126 Magistrates Courts of Queensland A Community Development Assistance The evaluation database will incorporate Grant from Brisbane City Council has some of the best technical solutions to funded two initiatives of this pilot program collecting information from a wide variety which have had a beneficial impact on of sources. It will allow parties to input service delivery. These have been the data from their own locations via a secure commissioning of a participant database and connection over the internet and facilitate the establishment of a peer-based support the migration of data from partner “parent” program for participants. This funding will databases, to eliminate double entry be used to develop the understanding and problems. Offenders will be monitored as skills of homeless people engaged with the they potentially move from one initiative HPCDP as well as members of the client to another (eg. Murri Court to QIADP) and, when applicable, as they re-appear on the reference group and to support homeless Court’s Case Management System. These people attending the program. data linkages will allow for the longitudinal The pilot program has funding until June monitoring of offenders should they re-enter 2008. In April 2007, an independent the court system. In this way we will be able organisation was contracted by JAG and to see if our interventions are working to began an evaluation of the pilot program. reduce offending and appearances in court. An interim report will be made in July 2007 and the evaluation will be finalised by November 2007. The evaluation, which Office of the State Coroner includes case studies, stakeholder interviews, The State Coroner is responsible for data analysis, process mapping and bench administering and overseeing the coronial marking, will determine the future of the system in Queensland. program. It will also provide the information that would be required to support any The Office of the State Coroner supports the future budget bid to extend or establish a State Coroner and helps to deliver a more consistent and efficient coronial system. The permanent program beyond June 2008. Office of the State Coroner provides legal Perhaps the initiative that holds the and administrative support for the State most significant promise for the Courts Coroner, the Deputy State Coroner, local Innovation Programs Unit is the coroners and registry staff in Magistrates development of a dedicated evaluation Courts across the State. The Office also database which is being tailored to capture provides publicly accessible information the essential features of each of the to families and others about the coronial seven initiatives. The database seeks to system as well as maintaining a central point of contact for coronial matters. include information from the Courts Case Management System and from partner One of the most significant projects for agencies (such as Alcohol Tobacco and the Office of the State Coroner currently Other Drug Services) in a way that will be being developed, and will be available over most informative to the evaluations being the next year, is a new case management conducted for each diversionary program. system designed specifically for coronial To this end the contracted evaluators are matters. This system will help coroners and being asked for their input into the design coronial staff to manage coronial files and of the database and the range of variables it will provide more detailed and accurate incorporates to clearly identify the outcomes information about these files. Approval of each program under evaluation. was obtained to commence developing the system in 2007 and the business analysis phase was completed by 30 June 2007. The new case management system is to be implemented from 1 July 2008.
Annual Report 2006—2007 127 From the desk of the Court Administrator continued
In June 2007, Ms Brigita White was The CCDU also conducted several courses appointed as Registrar of the Office of the for external clients and community groups State Coroner. Brigita has been with JAG to give them a better understanding of since 2003 and has performed a range of court procedures. These courses have legal and policy roles, including at Crown included programs in QWIC for external Law, at Strategic Policy, and as JAG’s users, Introduction to Courts for State Cabinet Legislation and Liaison Officer. Penalties Enforcement Registry (SPER), and the Queensland Police Service Murri Court Coordinator Training and Drug Diversion Staff training workshops.
The Courts Capability and Development The CCDU is also planning to introduce Unit (CCDU) continued its commitment to new courses over the next 12 months training of staff at the Magistrates, Supreme including Digital Recording (July 2007), and District Courts. QWIC Financials (August 2007), Family Law (November 2007) and Deputy Registrar/ During 2006−2007, the Induction/ Management Development (in 2008). Orientation course that provides new employees with an overview of the CCDU also administers the Training court’s functions was completed by 120 Support Unit (TSU), a dedicated team that participants. A large number of staff provides on-line assistance to staff at courts also took the opportunity to further throughout Queensland when updating the develop their knowledge in areas such as criminal or civil databases. It is estimated Queensland Wide Interlinked Courts (QWIC) that, during the past year, TSU helped over for Beginners, Intermediate and Advanced 16 000 callers. (a total of 234 staff); Domestic Violence Awareness (60 participants); Civil Law for Beginners, Intermediate and Advanced (75 Workload Data Project participants); Depositions (48 participants); and Court Clients and You (60 participants). The Workload Data Project aims to generate an automated monthly report that will The benefits of access to these courses measure the volume of work performed by were extended outside Brisbane by the the Magistrates Courts in Queensland. The CCDU which provided 60 staff members in information generated by the project will regional areas with training tailored to their be used as an aid to assess the impact of individual registry needs. Regional staff the introduction of new processes, identify also travelled to Brisbane for bulk training training needs, and support future resource programs, covering a variety of subjects, planning. which allowed a further 80 participants to improve their skills and knowledge. A The program began in September 2006 considerable amount of time, effort and and has received significant input from commitment was invested by both the Registrars and staff. The program will CCDU and the Regional Services Managers submit its first report in late 2007. in a joint initiative to provide significant staff training to strengthen leadership and management skills. Courses included Practical People Management, Leadership Development and the Ombudsman’s Good Decision Making course.
128 Magistrates Courts of Queensland Child Protection Conferencing With the introduction of online conferencing facilities and digital recording The Child Protection Conference team technologies, the in-court environment is convened 632 child protection conferences now technically sophisticated and highly during the year; this represents an increase integrated. It requires centralised technical of 49 (or 9%) over the previous year. These expertise and the effective management conferences continue to be enormously of resources to provide continued support successful, with only 75 of these matters for the future. Services offered by the CTG subsequently requiring a court hearing. include a call-centre operation that will This is an increase of 16 (or 27%) over the respond to any issues involving sound, previous year’s figure. recording, and transcription in the court. During the coming year, there will be ongoing consultation with stakeholders to ensure this office maintains a high Videoconference Pilot standard of professionalism for all clients. To increase the use of videoconferencing for Additionally, in conjunction with the defendants in custody, a pilot was conducted Child Safety Directors, further discussions and work will be undertaken on the with Arthur Gorrie Correctional Centre JAG initiatives of the Queensland Child (AGCC) and the Richlands Magistrates Protection Strategy 2007−2010 and Action Court between 1 January 2007 and 30 Plan 2007−2008. June 2007. With the support of Magistrate Wessling and Practice Direction 5 of 2006, videoconferencing was used in as many Court Technology Group situations as possible. During the pilot, the use of Video Court reduced the physical The Court Technology Group (CTG) transfer of prisoners from Arthur Gorrie is responsible for the performance and Correctional Centre to Richland Court by maintenance of in-court technology such over 40%. This includes: as digital audio and videoconference recording systems in all court and • 160 prisoner transfers from Arthur tribunal jurisdictions throughout Gorrie Correctional Centre (AGCC) to Queensland. Digital technology offers Richlands Magistrates Court tapeless technology that can be recorded, • 132 Video Court appearances from AGCC monitored, played back, packaged, shared to Richlands Magistrates Court and stored. Videoconferencing technology • 24 prisoner transfers from Woodford offers the live transmission of audio and Correctional Centre to Richlands full-motion video images between multiple Magistrates Court locations. These technologies offer great benefits in the operations of the court. • 20 Video Court appearances from Woodford Correctional Centre to The procurement, installation, management Richlands Magistrates Court. and maintenance of various assets that are used to record evidence, to enable a video This reduces the cost of transportation and conference, and to operate closed circuit court time, and enhances security. The facilities and public address systems was success of this pilot will be used to improve previously done by various areas within the processes for defendant appearances the Justice Administration Division. to extend Video Court, where appropriate, This decentralised approach resulted in throughout Queensland. inefficiencies in technical advancement, asset management, and the coordination of overall strategies to advance in-court technology.
Annual Report 2006—2007 129 From the desk of the Court Administrator continued
Significant initiatives for 2007– The CCDU will use a new training initiative 2008 with the introduction of the Evolve training platform which will enable staff to complete Perhaps the biggest initiative over the next training courses on-line. It will forward 12 months will be the introduction of a pilot pre-course and post-course readings which project that will involve the use of Judicial can be accessed by participants on either Registrars in the Magistrates Courts. The their work or home computer and can be pilot will commence on 1 January 2008 and, revised at any time. All applications will with funding approval for two years, it is have examinations which will be monitored certain to be a time of great change for the by the CCDU. magistracy. In September 2007, the Maryborough Judicial Registrars will hear matters, Magistrates Court will celebrate its 130 including minor debt claims and small year anniversary. An honour board of claims, some domestic violence applications, past magistrates and registrars will be chamber applications, criminal mentions, constructed and a booklet produced uncontested bail applications and hand- outlining the history of the courthouse as up committals without cross-examination. part of the activities. This innovation will mean that magistrates will be able to allocate court time to other matters, such as contested hearings, so they Refurbishment of existing can be dealt with in a more timely manner courthouses than is currently possible. St George The redeveloped Queensland Courts website, An upgrade to the St George courthouse was to be launched in late 2007, will break new officially opened on 26 March 2007. Having ground by combining information for the originally been built in the late 1800s, it public, including educational institutions is now the oldest, continuously working and the legal profession, from the courthouse in Queensland. The upgrade Magistrates, District and Supreme Courts. has provided new facilities including The site will provide more accessible court waiting rooms and an ensuite for the use information for the community under the of vulnerable witnesses, victims of crime, new Queensland Courts visual identity. and the family violence support group. A Designed to help court-users, ranging from new-look courtroom and registry have also self-represented litigants to lawyers and been fitted with upgraded air-conditioning, other members of the community, it will lighting and electrical systems. include information about areas such as the Murri Court, the Drug Court and other Bowen innovative court programs, as well as the The upgrade of the Bowen courthouse was Small Claims Tribunal and the Childrens opened to the public on 19 December 2006. Court of Queensland. Topics will include The construction of a new courtroom, larger frequently-asked questions, guides to and more comfortable interview rooms, and criminal and civil court procedures, court closed circuit television facilities that allow technology, and useful legal terms. child witnesses and sexual assault witnesses to give evidence from a separate room in the court precinct has ensured better facilities for all users of the building.
130 Magistrates Courts of Queensland Maryborough Construction of new Planning has been completed on courthouses improvements to the Maryborough Pine Rivers Magistrates Court Courthouse with the construction of a prisoner cell and reception facility. This The building contractors for the new will feature an innovative flyover to bring Pine Rivers Magistrates Court have been defendants into the building at the first appointed and the $11 million courthouse level. Construction is planned for late 2007. will be built in the heart of Strathpine on Gympie Road. This state-of-the-art facility will feature two magistrates courtrooms, chambers, a registry, interview rooms, and closed-circuit television (CCTV) facilities to allow child witnesses, vulnerable witnesses and domestic violence victims to give evidence in a private and secure environment.
Construction began in February 2007 and is expected to be completed in March 2008.
Ipswich Court
Design sketch of the Pine Rivers Magistrates Court which is expected to be The winning design for the new Ipswich completed in March 2008 Court, a joint venture by Ainsley Bell Murchison (ABM) Architects and Cox Rayner Architects, was announced last year. The new courthouse will be built on the former TAFE site in Ellenborough Street and will be the most substantial public building project to have been undertaken in Ipswich in a decade.
The five-storey building will be a striking blend of glass and steel and will include eight magistrates courtrooms, three district courtrooms, chambers, registry, a watchhouse and a large public waiting area overlooking a courtyard. It will have Design sketch of new courthouse being constructed at Ipswich state-of-the-art technology including videoconferencing and closed-circuit television (CCTV) facilities to enable child witnesses, vulnerable witnesses and domestic violence victims to give evidence in a private and secure environment.
On-site works are anticipated to commence in mid-2007 and the new building is expected to be completed in early 2009.
Annual Report 2006—2007 131 From the desk of the Court Administrator continued
New Sandgate Magistrates Court Vale John Marsland Work is progressing on the new $4.7 million Sadly, a great colleague and friend, John Sandgate Magistrates Court. The court Marsland passed away during February operations have been moved to one end of 2007. John was a driving force in the existing building on a temporary basis. implementing many of the initiatives in the The other end of the building has been Magistrates Court that we take for granted. demolished to allow room on the site to He was the Project Director for State construct the new courthouse. Penalties Enforcement Registry and went on to play key roles for the Digital Recording The new building will feature a magistrates Project and the Video Conferencing Business courtroom, a mediation room, magistrate’s Cases. John was also committed to ensuring chambers, registry offices, interview rooms, that data integrity improvements and and accommodation for court support enhancements continued to be made to the groups. Queensland Wide Interlinked Court (QWIC) It will also include the latest technology system. such as closed-circuit television (CCTV) The successes of these projects and facilities to enable child witnesses, initiatives are a direct result of John’s vulnerable witnesses and domestic violence leadership and drive to succeed. He will victims to give evidence in a private and be sadly missed. A memorial to John will secure environment. be provided through an exhibition of Construction began in late 2006 and will be Magistrates Court recording equipment as completed in August 2007. part of an historical display which is being developed for the Brisbane Magistrates New Mareeba Court Court. This will be opened during the next 12 months. A new courthouse for Mareeba is being designed and will be built in 2008. This will be a single courtroom building and will be built in conjunction with a new police station and watchhouse.
132 Magistrates Courts of Queensland