AN OUTLINE of the HISTORY of the QUEENSLAND POLICE FORCE 1860-1949 [By COMMANDER NORMAN S

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AN OUTLINE of the HISTORY of the QUEENSLAND POLICE FORCE 1860-1949 [By COMMANDER NORMAN S 340 AN OUTLINE OF THE HISTORY OF THE QUEENSLAND POLICE FORCE 1860-1949 [By COMMANDER NORMAN S. PIXLEY, M.B.E., V.R.D., R.A.N.R.] (Read at a meeting of the Historical Society of Queensland, Inc., on July 27th, 1950.) With separation there devolved on the Colony of Queensland responsibility to maintain law and order in the community and to provide protection for colonists in isolated parts. There existed at that time a small number of Police in Brisbane and Ipswich and a Native Mounted Police Force. In order to give an idea of the continuity of the enforcement of law and order in Queensland, it is necessary to revert to the earliest days of settlement. Due to the fact that the headquarters of the Force were in Sydney until the date of separation (10.12.59) and that unified control of the Queensland body was not achieved until 1st January, 1863, earlier details are somewhat sketchy. Since 1863, however, the annual reports of the Commissioners of Police are available and have proved of great assistance. No discussion regarding the history of the Queensland Police would be complete without refer­ ence to the legal side of its origin; so as to give this section some variety, reference has been made in this paper to some contemporary laws of interest as affect­ ing early conditions. The strength of the Force and the population of Queensland at the time each Commissioner assumed office is given so as to show the growth in the com­ plexity and responsibilities of the office over the years from 1863 until 1949. Although there are not in the Police Force any "units" in the military sense, this term has been used to include special sections of the Force such as Water Police, Detectives, Native Police and others. Having asked the Commissioner, Mr. John Smith, if I might be allowed to seek information from his records for this paper, it was with great pleasure that I received within a short time, information com- 341 piled by Sub-Inspector R. V. Woodbury in such detail that it substantially comprises, verbatim in most re­ spects, this paper I read to-day. I wish to thank the Commissioner for his co­ operation and to particularly express to Inspector Woodbury my thanks and my appreciation of the re­ search and other work he carried out with such thor­ oughness and care. I should like to thank Sub-Inspector Jordan also for having furnished me extracts from the report of the Select Committee for the Management and Work­ ing of the Police Force which sat in 1869; also to thank Mr. Pring of the Oxley Memorial Library for his cus­ tomary help. General Remarks Regarding the Origin of The Queensland Police Force In considering the origin of the Queensland Police we must trace its development as a continuation of the New South Wales Force which may be said to have had its beginning in Sydney on 7th August, 1789, when Governor Phillip instituted a night-watch of "Worthy and Trustful Citizens" at Parramatta, Toongabbie, Hawkesbury and Sydney. A mounted force was sub­ sequently formed (in 1824) in Sydney by Governor Brisbane; but it was under military control and wore semi-military uniform. From the time the colony was first settled there were laws calling for enforcement by some organised body; for so much of the law of England, both com­ mon and statute, as was applicable to the situation, conditions, and requirements of the infant colony was deemed to be in force (Halsbury's Laws of England, 2nd Ed. Vol. XI. P. 243). This state of affairs was emphasised on 25th July, 1828, when "The Australian Courts Act, 1828" (9 Geo. 4. c. 83) (Imperial), form­ ally declared such law to be in force in the Colony of N.S.W. as at 25th July, 1828. There were, therefore, in force several Imperial Acts, some of which had interesting titles, such as: "All men shall be ready to pursue Felons" (3 Ed. 1. c 9). "An Act to redress Disorders in common In­ formers" (18 Eliz. c 5) ; and "An Act to prevent the throwing or firing of Squibbs, Serpents and other Fireworks" (9 Wm. HI., c 7): 342 There were also in existence Acts recently passed by the N.S.W. Parliament specially to deal with evils peculiar to the conditions of the colony, a notable example being "The Bushrangers Act of 1830" (11 Geo. IV. No. 10), the title of which speaks for itself and which gave any person authority to arrest without warrant any person suspected to be a transported felon. The onus of proving that such person was "free" lay upon the person charged. The Act further gave power to any person to arrest a person found armed under circumstances leading to the suspicion that such person may be or intend to be a "robber." In 1833 police organisation as such was further developed by an Act (4 Wm. IV. No. 7) which provided for the appointment of two or more police magistrates for the Town and Port of Sydney whose duties were to suppress tumults, riots, affrays, and breaches of the peace, and who could be authorised by the Governor to swear-in a police force. By "The Police Act of 1838" (2 Vic. No. 2), the police system was extended to Parramatta, Windsor, Maitland, and Bathurst, and such other towns as the Governor might proclaim. "The Water Police Act of 1840" (4 Vic. No. 17) gave the Governor power to appoint water police under a justice of the peace who was appointed Superinten­ dent of Water Police. Their duties were mainly con­ cerned with searching for stowaways, searching ships and arresting seamen ashore without leave passes. This Act was amended by "The Water Police Act of 1843 (7 Vic. No. 21) which vested in a Police Magis­ trate the powers previously held by the Superintendent of Water Police. "The Police Act Amendment Act of 1848" (11 Vic. No. 44) gave a police magistrate's power to a justice resident in any town where no Police Magistrate was appointed (with consequent authority for such justice to swear in police for his jurisdiction). By this time Courts of Petty Sessions were being held at various places throughout the territory now known as Queens­ land, viz., Moreton Bay, Ipswich, Cressbrook and Dar­ ling Downs. In 1850 an Act was passed (14 Vic. No. 38) where­ by a constabulary was established and placed under an Inspector-General of Police, which title survived in N.S.W. until about 1924, when it was changed to Com­ missioner (The Act of 1850 was repealed in 1852 by 343 the Act 16 Vic. No. 33, which enacted similar provi­ sions in many respects). Neither of these Acts, how­ ever, united the police force of N.S.W. as a unit under one control. In 1853 two Acts were passed, further extending the police force and its power. 1st: 17 Vic. No. 14, which gave the police power to act in any part of the Colony. (Before this they were appointed only to a particular district) and 2nd: 17 Vic. No. 36, which made the Water Police subject to the general super­ vision and control of the Inspector-General of Police, at the same time providing that they had to obey the orders of the Water Police Magistrate who was the superintendent of such force. It also provided for the apprehension of deserters and for the licensi^ig of sea­ men's lodging houses. "The Water Police Act of 1855" (19 Vic. No. 8) enabled the Act to be applied to Newcastle and other ports as required. "The Police Act of 1855" (19 Vic. No. 24) gave Police Magistrates and justices power to appoint special constables when necessary. It also dealt with persons having possession of anything reasonably sus­ pected of having been stolen. The N.S.W. force had not been amalgamated into one body with a Departmental Head up to the time of the separation of Queensland. (This amalgamation did not take place until 1862 when the N.S.W. Act (25 Vic. No. 16) was passed. December 10th, 1859, saw the separation of Queensland from New South Wales. A proclamation dated 24th December, 1859, stated, inter alia, that laws in force as at the time of the proclamation were to be continued except so far as they were varied or repealed. Although an Inspector-General of Queensland Police, as will be seen later, was appointed from and including 13th January, 1860, there does not seem to have been any attempt to treat the Police Force of the State as a single unit until 1863 when "The Police Act of 1863" (27 Vic. No. 11) was enacted, which Act pro­ vided that it was lawful for the Governor with the advice of the Executive Council to appoint a Commis­ sioner of Police who under the direction of the Home Secretary was to be charged with the superintendence of the Police Force of the whole colony including the Native Police Force. The Act also provided that the term "Police Force" included the Water Police Force. 344 The Act also provided for the appointment of Inspec­ tors, Sub-Inspectors, Sergeants and Constables, thus creating a Police Force composed substantially as it is comprised to-day. "The Police Act of 1863" (27 Vic. No. 11) came into force on 1st January 1864. Acts amending this Act were passed in 1891, 1911, 1912, 1921, 1924 and 1928, none of which, however, altered the main plan for policing the state.
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