Factsheet 5.1

The Role of the Judiciary

What is the Judiciary? judiciary must remain independent from the other two branches of government. This independence The judiciary is the branch of government is seen as a vital safeguard against corruption which administers justice according to and a cornerstone of democracy. By necessity the law. The term is used to refer broadly functions of the parliament and the Executive to the courts, the judges, magistrates, overlap, but the judiciary remains independent of adjudicators and other support personnel both the parliament and the Executive. who run the system. The courts apply the law, and settle disputes and punish Independence of the Judiciary law-breakers according to the law. Our judicial system is a key aspect of our Two safeguards exist to protect the independence democratic way of life. It upholds peace, of judges and magistrates: the way they are order and good government. Citizens look appointed and their system of tenure. The to the judiciary to uphold their rights Governor-in-Council – that is, the Governor in and governments look to the courts to consultation with government ministers – on the advice of the Attorney-General appoints judges and interpret laws. The judiciary must act 1 without fear of powerful interests, and magistrates , who have constitutionally guaranteed without favouring individual parties. A tenure. This means that unless they choose to court’s ability to deliver justice depends retire earlier, judges continue in office until they on its power to enforce its rulings. Only a are 70 and magistrates until they are 65. They can court of appeal can overturn the ruling of only be removed from office by the Governor if the a lower court. Parliament accepts a duly constituted tribunal’s finding of proven misbehaviour or incapacity. Separation of Powers Judges and magistrates cannot be removed from office simply because a government disagrees with As a British colony, Australia adopted their rulings. England’s legal codes and principles. Therefore, we operate under the Different Types of Courts Westminster system which embraces the doctrine of the Separation of Powers. The In Australia, we have federal as well as state and judiciary is one of the three branches territory courts. The state courts hear the vast of government, the other two being the majority of matters, from neighbourhood disputes parliament or the Legislature and the to murder. The federal courts deal with matters not Executive government, which is made covered by state law. up of the Governor, the Premier and The High Court of Australia is the highest of all Ministers. The role of parliament is to courts, and hears original matters as well as make the laws, the Executive government appeals from lower courts. There is also the carries out and enforces the laws, and the Federal Court of Australia, the Family Court of judiciary applies the laws in individual Australia and the Federal Magistrates Court of cases. Each branch of government has Australia. Generally, the federal courts hear its own powers and authority and each matters relating to corporations, trade practices, branch exercises some power over the industrial relations, bankruptcy, customs, other two branches, but no single arm has immigration and other areas of federal law as well more authority than another. Under the as mattersCaption relating to family law. doctrine of the separation of powers the Updated July 2015 P +61 7 3553 6000 www.parliament.qld.gov.au F +61 7 3553 6419 [email protected] building torun mootcourtstosimulate role. Lawstudents canaccessthecourt educative perform important courts an The judicial development. engaged inprogramsof continuing for retiringjudges. The Judgesareactively new judges,andvaledictory ceremonies practitioners, swearing-inceremoniesfor admission ceremoniesfornewlegal The SupremeCourtalsoconducts Other rolesoftheJudiciary sits asapanelofthreejudges. may occur). The Courtof Appeal generally (save insomecaseswhereJudgeonlytrial criminal trialsareheardbeforeajury the MagistratesCourt. All SupremeCourt the SupremeCourt,DistrictCourtand hears appealsfromthe Trial Divisionof than $750,000.ItsCourtof Appeal division where theamountindisputeisgreater serious drugoffences,andcivilmatters matters suchasmurder, manslaughterand The SupremeCourthearsseriouscriminal land development. disputes arisingover is adivisionoftheDistrictCourt,hears Planning andEnvironmentCourt,which only trialincertaincircumstances). The a jury(thoughthereiscapacityforJudge Court criminaltrialsareconductedbefore $150,000 butlessthan$750,000.District the amountindisputeisgreaterthan robbery andfraud,civilmatterswhere criminal matterssuchasrape,armed The DistrictCourtdealswithmoreserious in disputeislessthan$150,000. Court mayhearcivilmattersiftheamount District orSupremeCourt. The Magistrates for trialandwhetherthatshouldbethe that amattershouldgotohighercourt jury system. The magistratemaydecide judgments. Magistratestrialsdonotusea the magistratemakesalldecisionsand a matterinitsentirety, inwhichcase The MagistratesCourtmaydealwith increasing seriousness. courts hearcivilandcriminalmattersof District CourtandSupremeCourt. These hierarchy includingamagistratescourt, Each stateandterritoryhasacourt The RoleoftheJudiciary 1 predictability andaccountabilityoftheirprocess. democracy, distinctiveforthetransparency, Queensland courtsareacornerstoneofour Conclusion surviving familymembers. not madeadequateprovisionforthesupportof and therevisionofwillswheretestatorhas which relatestotheauthenticatingofwills, The SupremeCourtdealswithprobatematters, acts asanagencyforothergovernmentservices. births, deathsandmarriagesareregistered,it Magistrates Courtinruralareasistheplacewhere judges visittopresideovermatters. As well,the Court doublesashighercourtwhenDistrict the tri s59 ConstitutionofQueensland2001 al process.Inruralareas,theMagistrates Updated July 2015 Factsheet 5.1