OUR REGIONS

Northern Region NORTHERN REGION The Queensland Magistrates Court’s Northern Region covers an area which sweeps from Ayr on the coral coast, westward to the Northern Territory border, then north across the Gulf of Carpenteria and Cape York Peninsula to the many islands that dot the Torres Strait. Combine the azure and emerald of the reef and rainforests with the grey-greens of the savannah wilderness, of the western tableland and gulf shores with the rich ochre reds and browns of the far west and you have the kaleidoscope that is Northern Queensland. The region is home to two World Heritage Listed areas—the Wet Tropics Coastline from Cooktown to Townsville and the Great Barrier Reef. The communities and lifestyles within Thursday Island our region are as diverse as its landscape.

Throughout the region, 16 magistrates Weipa administer justice to over 33 communities from the following major court centres:

Cairns 6 magistrates Cooktown

Mossman Innisfail 1 magistrate Cairns Mareeba Atherton Normanton Innisfail Mareeba 1 magistrate Tully Georgetown Mount Isa 1 magistrate Ingham Palm Island NORTHERN REGION Townsville Ayr Townsville 6 magistrates Charters Towers Mount Isa Julia Creek Cloncurry Richmond Northern Relieving Hughenden Magistrate (based in Cairns) 1 magistrate

Cairns Table 11: The jurisdiction of the court based in Cairns Cairns Magistrates Court 2005–06 extends from Trinity Inlet in the south and stretches along the east and western shores Jurisdiction totals of Cape York to Thursday Island and Badu Island in the Torres Strait. Criminal Defendants 10 216 Childrens Court Defendants 475 With a population of over 124 000 residents in Cairns, a constant and heavy stream of Domestic Violence Applications 967 visitors from overseas and around Australia, Civil Claims 687 and over 80 000 vehicles registered in the city, the main components of our court work Minor Debt Claims 479 here is set out in Table 11. Small Claims 725

102 Queensland Magistrates Courts Our regions

This year, with an increase in the number Cairns circuit courts and Indigenous of magistrates from fi ve to six in the communities previous fi nancial year, we have been able Throughout the year, with the assistance to provide a second magistrate to help with of our Cairns-based Northern Relieving the continued growth of the daily workload Magistrate, we convened circuit courts at the of the Arrest Court. The implementation of centres detailed in Table 12. a summary hearing mention procedure has improved the daily listing of matters and Table 12: the effective use of court time. At 30 June Circuit calendar Cairns 2005–06 2006, hearing dates could be offered within Distance nine weeks of notifi cation that a matter will Circuit Frequency from Cairns proceed to trial. Aurukun Monthly 796km The court in Cairns is now the main centre Badu Island Quarterly 832km that handles reportable deaths for the region. There has been an increase in the volume of Bamaga Monthly 920km coronial work. Coen Bi-monthly 550km

Three magistrates have been trained and Cooktown Monthly 322km appointed to convene the Drug Court which sits twice weekly. The work of this Kowanyama Monthly 604km court is effective and rewarding; however, Lockhart River Monthly 755km the intensive teamwork required for its Pormpuraaw Monthly 673km successful operation takes a considerable proportion of the presiding magistrate’s time Thursday Island Monthly 782km each week. Weipa Monthly 801km The Court Alcohol Remand and Rehabilitation Program (CARRP) is used by The Queensland Magistrates Court Cairns magistrates as a sentencing option endeavours to provide access to justice to and continues to be a successful diversion people in their local community. Most of the program. This program has been described in Cairns circuit centres bring our magistrates detail in pervious annual reports. into close contact with Indigenous Australians and the magistrates have This year, the Cairns courthouse acquired developed an intense interest in Indigenous a videoconference link with the Lotus culture and Indigenous justice issues. Glen Correctional Centre which is used on a weekly basis for the hearing of bail Our circuit work has become busier each applications, hand-up committal hearings, year with an increase in juvenile and public and pleas of guilty to minor offences. nuisance type offending. Petrol sniffi ng, This facility has been well received by all despite the best efforts of community stakeholders including prisoners who are leaders, continues to affect many young no longer transported from Mareeba to the people. There has also been an increase courthouse at Cairns. Apart from improved in child protection issues. Although, security for the public, a substantial because statistics are currently based on fi nancial saving has resulted as fewer the place where the application is fi led, prisoner transfers mean fewer police escorts and this is generally Cairns, it is diffi cult to demonstrate this in statistical terms. and watch house staff are needed. However, we are pleased to report that there appears to have been a reduction in serious violent offences since the introduction of the local Alcohol Management Plan.

Annual Report 2005—2006 103 The court facilities at most other circuit centres are adequate; however, those at Lockhart River and Aurukun urgently need upgrading. In both of these centres, the Magistrates Court is required to sit within the confi nes of the local police station—a situation not in keeping with the perception of the independence essential for a magistrate to carry out judicial duties.

Access to our circuits is affected by weather and road conditions. This year, in March and April, the advent of cyclones Larry and Monica caused several of our circuits Gathering of Cairns Magistrates—November 2005 to be abandoned. With the cooperation of (back l–r) Magistrates Spencer, Previtera and Braes the Cairns Police Prosecution Corps, the (front l–r) Magistrates, Dwyer, Black and Kluck Aboriginal and Torres Strait Islanders Legal Service and the region’s court registry staff, three of our magistrates conducted longer At the beginning of the year, circuits in May and June to clear the backlog the workload at Cooktown required the of court matters caused by the cyclonic circuiting magistrate to preside there for disruptions. up to three days, sitting regularly from 7.30am to 8pm. The workload has now With the appointment of a Regional Services settled and it seems likely that the monthly Manager to our court this year, transport three-day sittings may be reduced to one problems have been greatly alleviated, or two days. When in Cooktown, the particularly those involving air charters, circuiting magistrates have often taken the and are more cost and time effi cient. The opportunity to visit the communities of Cairns magistracy particularly welcomes the Hopevale and Wujul Wujul where strong opportunity to have court support service Community Justice Groups have been representatives included on remote circuit formed. The magistrates have been working visits. The presence of representatives with these groups to establish protocols for such as Youth Justice Offi cers from the preparing and presenting reports to the court Department of Communities, and Community on offenders from their community. Their Corrections Offi cers from the Department of reports are extremely helpful to magistrates convening courts in remote Indigenous Corrective Services and, on occasion, offi cers communities. from the Department of Child Safety at these circuits, greatly helps the court to ensure that During the fi rst full year in the new the court orders made can be meaningfully courthouse on Thursday Island, the undertaken within each community. videoconferencing facilities have been used to allow magistrates to accept pleas and hear It is inevitable that more time and resources applications from defendants living on the will need to be devoted to Cape York in outer islands of the Torres Straits. Despite the the future. The court is also looking at cost not unexpected teething problems in having effi cient strategies for diverting the court the technology work consistently, it will be from one circuit centre to another as the used more frequently, to reduce considerably workloads at the various centres dictate. To the costs and dangers experienced by improve cost effi ciency, Bamaga is being defendants from remote islands travelling considered for inclusion in the Thursday either by air or in open dinghies to the Island circuit rather than the Cape York courthouse on Thursday Island. circuit.

104 Queensland Magistrates Courts Our regions

Magistrates in Cairns continue to interact positively with the community. They are actively involved with the staff and students of the James Cook University School of Law, with some students assigned to magistrates this year for work experience. In the near future, we hope that a formal work experience program can be developed to enable law students to work with magistrates in a voluntary capacity for the mutual benefi t of both the courts and the students.

Throughout the year, the Cairns’ magistrates have regularly been involved, as adjudicators, in moot competitions conducted by schools and colleges. One magistrate sits Magistrate Braes holding court at the Mt Garnett as a member of judiciary tribunals for Rugby Community Hall. League and Touch Football Associations. Magistrates have also given presentations at local and interstate conferences and provided in-service training on justice issues to The Court is convened in dedicated government agencies. courthouses at Mareeba, Atherton and Mossman, and uses the Queensland Mareeba Government Agency Offi ce at Georgetown During the year, Cairns Magistrate Braes, and the Community Hall at Mt Garnett for replaced Magistrate Lock as resident court. During the year, the Attorney-General magistrate at Mareeba. No one was more announced that a new courthouse will be delighted with this than Magistrate Braes, built at Mareeba. who, prior to his appointment had been a long term resident of Mareeba. This is part of Innisfail a policy of appointing magistrates to regional Situated 88 kilometres south of Cairns, areas in which they live or have lived as a Innisfail is positioned on the banks of the strategy to reduce the challenges associated Johnstone River at the junction of the Bruce with the transfer system. Highway (Highway One) and the Palmerston The magistrate at Mareeba divides his weekly Highway which connects the coast with the court time between the jurisdictions at Atherton Tablelands. Until Cyclone Larry, the Mareeba, Atherton and Mossman. A weekly population of the shire was approximately callover of matters at each of these courts 18 000 people with about 8000 people living ascertains the times and dates required in the town. to hear matters at each centre and results The resident magistrate at Innisfail also in a timely processing of court matters. This is an example of the fl exibility of the convenes court each fortnight at the Queensland Magistrates Court to ensure we Indigenous community at Yarrabah, home service its communities. The court diary of to just over 3000 people and situated the Mareeba-based magistrate also includes 102 kilometres north of Innisfail. He also circuits to Georgetown and Mt Garnett, conducts weekly court sessions at the busy three times each year. Access to Georgetown sugar town of Tully, located 52 kilometres usually involves a day trip by air and the Mt south of Innisfail. Garnett circuit entails a one day round trip of 316 kilometres by road.

Annual Report 2005—2006 105 The landscape, as well as the economy of One other issue that will affect the court the Innisfail area, received a severe blow on in the immediate future is the availability 20 March 2006 when Cyclone Larry scored of suitable housing as a base for the local a direct hit on the town. In addition to the magistrate because of the housing property massive destruction of property and natural destruction. fl ora and fauna, the resulting dislocation of facilities and services has been, and will Mount Isa remain for some time, quite profound. Mount Isa continues to be a very busy centre Even while the courthouses in Innisfail and served by its resident magistrate. Apart from Tully were being used as emergency relief convening a court in Mount Isa throughout distribution centres, the Magistrates Court the year, Magistrate Manthey covers a continued to function, apart from the week great deal of territory to convene courts in immediately following the cyclone while communities in the far-west and Gulf region the area was without any power. The actual of Queensland. Although aircraft or 4WD buildings suffered little direct damage and, vehicles are used to get these communities, once emergency power had been connected the cyclones can disrupt circuit plans when roads most signifi cant immediate problems were to and airstrips are fl ooded in the wet season. avoid fl ooded roads when travelling to conduct court and to determine the whereabouts of Except on Sundays, the court in Mount Isa people who were due to attend court but had sits daily, with judicial duties performed by been evacuated to other areas. Justices of the Peace when the magistrate is away. Once a month, for a full week, the Of the Yarrabah, Tully and Innisfail courts Magistrate does the Gulf court circuit with a administered in the area, only the workload of court support team. This involves fl ying into Innisfail itself has had any discernible change that might be attributed to the effects of the the Gulf area for court sittings at Normanton, cyclone. Mornington Island and Doomadgee. Every fourth month, the township of Burketown is Prior to the cyclone, there had been a general included in the circuit. In addition, the Court increase in the number of matters reaching sits in Cloncurry monthly and, every fourth the court. That increase, over 2004–2005 month, Magistrate Manthey continues onto fi gures appeared signifi cant and amounted to Julia Creek where, at the end of a day’s court about 13%. Since 20 March, there has been work, he returns to Mount Isa. The southern a noticeable slowing in the numbers. If the most centre serviced from Mount Isa is same growth rate to March is projected to the Birdsville which is visited annually at the end of this reporting year, what has occurred time of its nationally renowned horse racing since the cyclone is an actual reduction event, the Birdsville Races, to deal with the in numbers of matters before the court of numerous court matters that result from such slightly more than 30%. Even if the earlier a large event. The isolated towns of Boulia growth rate is not projected, the reduction and Dajarra are incorporated in a separate in numbers since the cyclone still seems court circuit which occurs four times each statistically signifi cant. year. One can only speculate at this stage as to the causes and possible duration of the change. It will be interesting to monitor, and perhaps try to interpret, the trends in future months and years.

106 Queensland Magistrates Courts Our regions

Table 13: Circuit calendar Mount Isa 2005–06

Annual frequency No of Return distance Transport Court centre of sittings court days from Mount Isa mode

Birdsville Once 1 1348km Chartered aircraft Boulia Quarterly 4 577km 4x4 Vehicle Burketown Quarterly 4 857km Chartered aircraft Camooweal Every four months 3 383km 4x4 Vehicle Cloncurry Monthly 12 240km 4x4 Vehicle Dajarra Quarterly 4 384km 4x4 Vehicle Doomadgee Monthly 12 936km Aircraft Julia Creek Every four months 3 516km 4x4 Vehicle Mornington Island Monthly 12 847km Chartered aircraft Normanton Monthly 12 995km Chartered aircraft

The Court’s work in this vast north-west violence applications when the Magistrate region has been signifi cantly improved is not on circuit, they also engender a sense through the training and appointment of ownership and responsibility for justice of Justices of the Peace (JP) in Gulf within their community. Recently fi ve JPs communities. After appointment, these were trained and sworn in at Mornington citizens undertake an important and Island and plans are being made for them to integral role in the court process within have the opportunity to undertake training their community. While their primary role in mediation. is to hold court to hear bail and domestic

Magistrate Manthey with newly sworn Justices of the Peace at Mornington Island.

Annual Report 2005—2006 107 A range of new technology was recently Townsville introduced at Mount Isa; however, until The Townsville Magistrates Court is the base some technical diffi culties are addressed, the for six Magistrates who service an area from videoconferencing facility has mainly been Palm Island in the east to Richmond in the confi ned to evidence-taking in trials. Our west (including the centres of Hughenden goal is to extend video technology to link the and Charters Towers) and from Ingham in magistrates in Mount Isa with Doomadgee, the north to Ayr in the south. Mornington Island and Normanton so that bail applications and remands can be dealt As the port for national and international with promptly. Teleconferencing is now exports from the rich mining, cattle and regularly used so the magistrate or JPs can sugar industries and a refi ning base for attend to urgent routine matters such as bail nickel and zinc, Townsville is a booming applications, Temporary Child Protection community strengthened by a large defence Orders and Domestic Violence Orders from base and a developing and signifi cant applicants at remote centres—thus saving tourism industry. The population of the people from travelling great distances to greater urban area of Townsville, including access justice at times of dire need. Thuringowa, was approximately 160 000 this year, making this dual-council city the Since December 2005, the Murri Court largest in the northern half of Australia8. The resumed sitting monthly at Mount Isa to Townsville—Thuringowa region’s building deal with Indigenous offenders. This court applications for this fi nancial year totalled operates with the support and input of $720m9. members of the Mount Isa District Justice Association Inc. (MIDJAI). A Youth Murri In Townsville, more court matters are Court will commence operating on a similar proceeding to hearing and the length of basis in the near future. (See Queensland trials has also increased. Murri Court report Page 74). There has been a signifi cant increase in Through community engagement between the court listings on Palm Island which MIDJAI and Magistrate Manthey since 2003, will result in more court sitting days being creative initiatives have been developed in allocated to that centre in the next year. Mount Isa to help the Indigenous Australians After the destruction of the Palm Island in the area reduce the level of offending court building in 2004, court sittings on and to take positive steps towards justice, Palm Island were held in temporary facilities advocacy and community support. Some of until earlier this year when a prefabricated these new directions include: two-room building was erected on the • establishing Adult Murri Court site of the old Police Station. This facility is a temporary one and is expected to be • establishing MIDJAI’s attendance at replaced by a multi-purpose Government the regular Magistrate’s Stakeholders complex in the near future. Meeting • establishing Men’s Murri Music Club • conducting Primary Health Checks at the watch house • accessing Intra-regional Detoxifi cation and Rehabilitation Programs.

8Australian Bureau of Statistics 2005

9Australian Bureau of Statistics 2005 Regional Building Approvals

108 Queensland Magistrates Courts Our regions

Due to adverse weather conditions or The Drug Court at Townsville has three unserviceable aircraft on two occasions magistrates with appointments to preside in this year, magistrates and their clerks the court. (See Drug Courts report at pages were obliged to spend unexpected nights 61 to 66). This specialist court began in on Palm Island. With such short notice Townsville in November 2002 and, up to the and no available accommodation, they period ending 30 June 2006, the court has were accommodated and provided for by had 26 participants graduate. This year, two the CEO of the Palm Island Council and Indigenous participants—Edward McLean the Department of Corrective Services and Ike Daisy graduated from the Court’s representative on the island. drug program and the magistrates shared in their celebration with their families. As in past years, elders of the local Community Justice Group have attended The Drug Court magistrates have found the the Childrens Court sittings at Townsville court’s videoconferencing facilities to be each Wednesday, to help the magistrate in essential in successfully operating the court considering options before sentencing young in Townsville and Cairns as it enables them Indigenous people who appear before the to ‘meet’ regularly with their Drug Court courts. Early in 2006, following six months support team members who work in the of consultation with representatives of the health and social support fi elds. Indigenous communities of Ayr, Ingham, Charters Towers, Palm Island and Townsville A number of magistrates are involved with a twelve-month pilot program began in each the Townsville community through their of those centres to hold separate Youth and personal contact with organisations such as Adult Murri Courts on a regular basis. (See universities, colleges and schools, disability Queensland Murri Court report page 73). support groups, sporting and service clubs, churches and public service entities such as The establishment of Murri Courts at these the Army Reserve. centres had been greatly championed by Kevin NganWoo who served as Coordinator During the past year magistrates presented of the Townsville Thuringowa Community papers at conferences and community Justice Group since its inception in 2002. gatherings, including: Kevin’s sudden death in early June 2006 • ‘Indigenous Sentencing’ and ‘Juvenile left the Court and its Indigenous community Justice’ by His Honour Magistrate with a great sense of loss but has increased Glasgow to James Cook University the determination of the Court team involved Students and Staff in Townsville with Indigenous justice initiatives to meet • ‘Child Abuse and Reporting Obligations’ the challenges he set for the Court and his by His Honour Magistrate Verra at a people. Kevin’s involvement in Townsville’s National Conference of Army Chaplains Indigenous issues were legendary and are in Townsville touched on at page 157 of this report. • ‘The Australian Constitution—How it impacts on peoples lives’ by Her Honour Magistrate Tonkin at the Townsville School Convention for Indigenous Students in Townsville • ‘Therapeutic Jurisprudence’ by Her Honour Magistrate Tonkin to a meeting of the Business Educators Association, NQ Branch in Townsville

Annual Report 2005—2006 109 When not in court, the Townsville For many years now, the Court at Townsville magistrates are often involved in conferences has been generously and ably served by a and meetings to help court stakeholders and vibrant group of dedicated volunteers. In community members to understand court June this year, JAG and the Court recognised processes and legislative requirements, and their service to the community when the to help establish networks for people to gain Chief Magistrate made a presentation of ready access to justice. One example was Certifi cates of Appreciation at a morning tea a meeting held this year at the Townsville ceremony at the courthouse. Hospital between Magistrate Smith (BL) and doctors, nurses, hospital administrators The Townsville courthouse was built in 1974 and police where he outlined the key and the accommodation now required for requirements of the Coroners Act 2003 to the operation of the Queensland Magistrates help them understand their obligations under Court has outgrown the available fl oor that Act. On another occasion, Magistrate space. A government funded study is Verra met with the Offi ce of Independent expected to commence shortly to evaluate Advocacy Service to discuss relevant issues accommodation options for all court involving homeless people, those with services in Townsville to determine how to learning diffi culties and/or with limited best accommodate these courts in future to communication skills, or who may have a cope with the increased demand for justice mental or intellectual impairment who come services. before the Court. Magistrates throughout the region acknowledge and appreciate the assistance of the Court’s registry staff in helping to maintain effi cient processing of a signifi cant and increasing Court workload. In particular, we thank the depositions clerks, especially those who attend circuit with us, for their efforts above and beyond the call of duty.

The magistrates have established a good professional relationship with the legal profession and prosecution corps in their centres, with the many Youth Justice offi cers of the Department of Communities, and with representatives of Department of Child Safety and Department of Community Corrections. We recognise the diffi culties all these people encounter in providing support for the court Acting Magistrate Scott Luxton (centre back) and those who come into contact with it, with Magistrates Glasgow, Brennan, Tonkin and Cull after taking his Oath of Offi ce at Townsville particularly in remote communities; we look Magistrates Court. forward to working more closely with them to improve the delivery of justice wherever the court is convened.

110 Queensland Magistrates Courts Our regions

Central Region CENTRAL REGION The Central Region of the Queensland Magistrates Court extends from Bowen in the north to Bundaberg in the south (822 km) and from Yeppoon in the east to Winton in the west (891km)—an area serviced by seven Magistrates.

From the rich black earth of coal draglines to the white purity of cotton balls, from the lush green of cane fi elds to the footprints of dinosaurs in the dusty ochre of the outback, from prime sheep-raising channel country to the beef capital, from the glistening ocean to the beckoning glint of hidden gemstones, Central Region has it all. It is said that Central Queensland is a cross-section of Bowen almost every iconic environment in the CENTRAL Proserpine REGION State—the Great Barrier Reef, the Outback, Mackay Sarina cattle country and the Coral Coast. Moranbah Winton Clermont Yeppoon Longreach Rockhampton The mainstays of the region are mining, cane, Barcaldine Emerald Blackwater Gladstone Blackall Springsure cattle production, sheep, fi shing and tourism. Biloela Bundaberg The population base is diverse and distributed Childers across a large area. Some magistrates in the region spend countless hours in road travel to hold court in wide-spread centres. The Emerald magistrate has the largest area to cover geographically, facing almost 2500km return travel to reach all of his courts. In fact, in the last half-year period only eight weeks court time was constituted in Emerald itself as Table 14 highlights.

Table 14: Emerald Magistrate’s Court Diary—6 months: January–June 2006

Circuit Courts Number of weeks Return distance travel

Emerald 8 weeks Home Base

Longreach 4 weeks 832km

Eastern Circuit: Blackwater, Clermont, Springsure, Moranbah 6 weeks 730km

Western Circuit: Alpha, Winton, Longreach, Blackall, Barcaldine 3 weeks 1405km

Mackay 2 weeks 768km

Brisbane: Coroners Court and Annual Magistrates Conference 2 weeks Air Travel

Annual Leave 1 week

Annual Report 2005—2006 111 Mackay and Rockhampton are the largest Technological upgrades have included the population centres. The region has been installation of videoconferencing facilities in blessed with a community that draws on Rockhampton and Mackay, CCTV facilities, many and varied cultural backgrounds, and improved technology for magistrates partly evidenced by increasing needs for and, in the courtroom for the profession at interpreters in the courts. Aboriginal, Torres large, with the addition of Wi-Fi. Strait Islander and Australian South Sea Islander elders and Community Justice The prevailing economic infl uence in the Groups continue to contribute to the region is the resources sector, with many community through Murri Courts and their more coal mines being developed in the wide-ranging work. Bowen Basin this year, particularly in the Moranbah and Blackwater areas. Gladstone Some remote communities face signifi cant and Biloela are also experiencing strong issues of low employment and inadequate growth in the mining and industrial sectors. facilities and services. One such The resources boom has seen the workforce community is Woorabinda (176km west double in recent years, which has an impact of Rockhampton). Unfortunately, such beyond the mining areas. With rents and environments often bring some of the property prices soaring to the extent that population into the direct focus of the courts, accommodation is scarce, many mining presenting challenges to the community families settle on the coast, particularly at and courts in effectively dealing with the Mackay and the Capricorn Coast. Miners are offending behaviour which can be seen to the super-commuters of the modern age. be the fallout from that environment. The Community Justice Groups in communities The increase in population (as well as the such as these do much to address this settlement patterns of that population), situation and to assist the courts. and the increase in disposable household incomes, present both benefi ts and Providing high quality and regular court interesting challenges for the community services to rural and remote communities and the Magistrates Courts servicing those means that magistrates see a lot of country communities. and maintain busy court lists. Stakeholders’ meetings that were held in the There have been signifi cant developments in region on issues such as domestic violence, court infrastructure in the region this year. child safety, youth justice, Indigenous issues Sarina courthouse (35km south of Mackay) and Committals Projects have involved is being restructured and refurbished along government departments and service with the construction of a new Police Station providers in court processes. to provide a more appropriate facility for the town. It is expected to be completed later in The Queensland Justices of the Peace 2006. Yeppoon courthouse has been listed Association held its conference in the for the addition of facilities to help those Rockhampton courthouse this year and was affected by domestic and family violence provided with a tour of the court facilities. when they come to court. A mock court and training session was held for local JPs in Rockhampton on sentencing and bail issues, as well as a tour of the watch house. Training for mediators by the Alternate Dispute Resolution Branch of JAG was also conducted in the courthouse.

112 Queensland Magistrates Courts Our regions

Throughout the year, magistrates of the Central Region is experiencing an economic region also attended and presented papers boom period with signifi cant growth on at regional Law Associations’ conferences at the back of the resources and tourism Rockhampton, Bundaberg and Cairns. Legal sectors. Increasing population translates to studies students from schools, TAFE and increasing levels of work for the court in other colleges visited the courts throughout all areas of law. Magistrates are striving to the region and were often addressed by provide regular, reliable and quality services magistrates. to the communities of Central Region, including smaller and remote communities, Our magistrates also presented papers at to continue to improve access to justice for national and international conferences, all people. in the areas of criminology, therapeutic jurisprudence, domestic and family violence, Maritime Law, and Indigenous issues.

Annual Report 2005—2006 113 North Coast Region NORTH COAST REGION The North Coast Region of the Queensland Magistrates Court borders the Brisbane Metropolitan Area at Caboolture and encompasses the popular beach-side towns and lush hinterland centres that make up the Sunshine Coast. To the north-west is the rural district of the Mary Valley with its centre at Gympie; further north, the Wide Bay-Burnett Region is serviced by Kingaroy in the west and, nearer the coast, by the historic river city of Maryborough and the rapidly growing tourist and business city of Hervey Bay—gateway to the world heritage- listed Fraser Island. NORTH COAST REGION Although the demographics of this entire Hervey Bay Gayndah region are diverse, each part of the region Maryborough

has experienced a substantial growth in Gympie Murgon population for a number of years now. Since Pomona Noosa Kingaroy 2004, the average annual population growth Nanango Nambour Maroochydore Landsborough Caloundra rate of the Wide-Bay/Burnett/Sunshine Coast Caboolture area of the State has exceeded the statewide fi gure of 2.1%10 and this trend is expected to continue. The current estimated population in the area is approaching 600 000.

The region’s community is served by 11 Table 15: magistrates—four based at Maroochydore, Kingaroy circuits–Distance and two at Caboolture and one each at frequency of travel Caloundra, Gympie, Hervey Bay, Maryborough and Kingaroy. The magistrates Return trip based at Maroochydore conduct regular distance Circuit Court(s) Frequency from Kingaroy circuit courts at Noosa and Nambour, while the magistrate at Gympie services the busy Cherbourg Monthly 104km Noosa Court three days each fortnight. Gayndah Monthly 296km The magistrate at Maryborough helps with the workload at Bundaberg fi ve days each Murgon Weekly 90km month. In this region, we are supported Nanango Fortnightly 50km by two Acting Magistrates and dedicated registry staff at 13 courthouses. Toogoolawah Monthly 218km

The largest circuit court in the region is performed by the magistrate based at Kingaroy. The frequency of and distance travelled on these circuits is set out in Table 15.

10Australian Bureau of Statistics 2005

114 Queensland Magistrates Courts Our regions

A new courthouse was opened at Caloundra Courthouses at Caloundra, Maroochydore, on 16 August 2005 with a magistrate Kingaroy, Noosa, Gympie, Maryborough and appointed to convene court there on a full- Hervey Bay have all been equipped with time basis from 12 September 2005. (See CCTV, videoconferencing and vulnerable article on page 156). This development has witness room facilities which have allowed led to a steady increase in the workload hearings to be conducted more effectively at Caloundra Court in the Childrens Court, where distance and vulnerability are in small claims, criminal, and domestic violence issue. In June 2006, the Maroochydore jurisdictions—with a commensurate decrease courthouse became a wireless internet at Maroochydore. As shown in Table 16, this (Wi-Fi) site. This facility will increase indicates that matters previously lodged and effi ciency in communication and legal dealt with at Maroochydore are now being referencing for the many legal practitioners handled at the local court—a factor that, no and others connected with the justice system doubt, is appreciated by the residents of the who attend the courthouse. Caloundra district.

Table 16: Extract of regional totals 2004–05—Comparison of Caloundra and Maroochydore

Caloundra Maroochydore Total

Crime—Adult Defendants 2004–05 664 6700 7364 2005–06 1964 6012 7976

Crime—Childrens Court 2004–05 0 332 332 2005–06 67 267 334

Civil Claims 2004–05 358 481 839 2005–06 296 542 838

Minor Debt 2004–05 97 422 519 2005–06 106 433 539

Small Claims 2004–05 48 659 707 2005–06 157 605 762

DV lodgements 2004–05 31 1068 1099 2005–06 296 737 1033

Annual Report 2005—2006 115 Early in 2006, a Murri Court was convened Table 17: at Caboolture and has continued to operate Caboolture Region 2004–05 regularly. In May 2006, the State Penalties and 2005–06 Enforcement Registry (SPER) commenced a Fines History Project at Caboolture Caboolture courthouse. For the 12 month period of the project, a SPER Offi cer has been seconded to Crime—Adult Defendants the Court’s registry to provide the Court with 2004–05 3899 a fi ne payment history of a defendant when 2005–06 4388 a magistrate is considering the imposing Crime—Childrens Court a fi ne as a sentencing option. The object 2004–05 308 of the project is to maintain the integrity 2005–06 350 of fi nes as a viable sentencing option—by either confi rming to the court a defendant’s Apart from court commitments, the prior acceptable form of compliance with magistrates in the North Coast Region fi ne orders or identifying a history that continue to actively engage with the would suggest such an option would be community outside court sitting hours. ineffective considering the defendant’s We regularly attend meetings with fi nancial circumstances and the burden that representatives of government departments paying a fi ne would have on the person and special interest groups to ensure a (this is in accordance with section 48 of high standard of court support. Our family the Penalties and Sentences Act 1992). The activities and special interests help keep project was commenced after consultation us informed about developments in our with local stakeholders including the respective communities. Our magistrates Department of Corrective Services, the local at Maroochydore preside in a Secondary Law Association and the Queensland Police Schools Moot Competition which is Service. conducted annually by the Sunshine Coast Lawyers Association. Each of our local Plans are underway to establish a QMERIT courts are regularly visited by students Pilot Program at Maroochydore Magistrates from secondary schools and colleges and, Court in August 2006. This is a voluntary, whenever an opportunity presents itself, bail based, pre-plea diversion program which Magistrates speak with the students to give will enable defendants charged with drug them an insight into our justice system. offences, who have a demonstrated and Our magistrate at Caloundra is regularly treatable drug problem, to access treatment requested to speak to local community and rehabilitation opportunities. groups and has developed important links Caboolture’s population growth, together with the community of her district. with an increase in the number of police Each member of the magistracy of the North and a proactive policing policy in the area, Coast Region is part of a cohesive team and has resulted in an increased workload in they work together with their respective the criminal jurisdiction and this trend court staff to ensure ready access to justice is expected to continue. This increase is for their fellow citizens. demonstrated in Table 17.

116 Queensland Magistrates Courts Our regions

Brisbane Region BRISBANE REGION The Brisbane Region of the Queensland Magistrates Court is urban and commercial in nature and covers the Brisbane metropolitan area that stretches from the shores of the Redcliffe Peninsula in the north to the southern sections of the Redlands District, encompassing the many islands of Moreton Bay in the east, and across to the eastern slopes of the D’Aguilar Range where Brisbane’s western suburbs have spread. Brisbane is Australia’s third largest city and, of Australia’s six capital cities, the largest in area, occupying 1140 square kilometres. It is home to around 1.5 million people11. BRISBANE REGION The region is served by 28 magistrates, with

23 of those based at the Brisbane Magistrates Petrie Redcliffe BRISBANE Sandgate Court and the remaining fi ve magistrates Wynnum are based at courts situated on the outer rim Cleveland of the region at Petrie, Redcliffe, Sandgate, Wynnum and Cleveland.

The 23 Brisbane-based positions include two part-time magistrates who, together, occupy one full-time magistrate’s position. That number also includes the State Coroner and Deputy Coroner, the Referee The main court complex is situated at 363 of the Small Claims Tribunal, the Childrens George Street in a state-of-the-art building Court Magistrate as well as the Industrial that was opened on 16 November 2004. Magistrate. Two Brisbane magistrates sit at This building houses a large court registry the outer Brisbane court centres on a weekly that services all the Court’s jurisdictions basis to ensure the workload of those courts including the Small Claims Tribunal. There is dealt with in a reasonable period of time. are twenty-fi ve hearing rooms throughout Longer hearings are adjourned to Brisbane. the complex—19 Magistrates Courts, two Coroners Courts, and four Small Claims hearing rooms. Court infrastructure The Brisbane Magistrates Court is made Two courtrooms on the fi rst level of the up of three complexes situated within building are dedicated for the use of the walking distance of each other—the Brisbane State Coroner and Deputy Coroner and their Magistrates Court in George Street, the Roma large administration offi ce is situated in an Street Arrest Courts, and the Childrens Court area adjacent to those courtrooms. in Quay Street.

11OESR Australian Demographic Statistics Qld Gvt 2005

Annual Report 2005—2006 117 court and justice administration offi ces, the Dispute Resolution Branch, and a day- detention and prisoner-transfer area. The conference room has been well used by various legal/community organisations for a number of public presentations and meetings this year.

The complex at 240 Roma Street is referred to as the Arrest Courts because the three courts that it houses deal with matters that arise immediately or soon after a person is arrested on an offence. While it is a Entrance to Brisbane Arrest Courts at much smaller complex, the three courts 240 Roma Street, Brisbane that operate at this location have, on some occasions throughout the year, processed over 200 defendants daily. These courts are serviced by a busy registry and the public area includes interview rooms that are On level 6 of the building, two courtrooms constantly in use by Duty Lawyers, legal have been assigned to the hearing of practitioners and their clients, volunteer domestic violence matters. Secure access court personnel, and offi cers of JAG and to these courtrooms is assured through a the Department of Corrective Services who specially designed, secure ‘waiting lounge’ work in the area of court diversion. Because for aggrieved people and their children. of the workload of the Illicit Drug Court This facility is made up of a lounge area Diversion Progam and the implementation with a kitchenette, an en-suite toilet and a of new pilot programs such as the Homeless glass-walled playroom where children can Persons Court Diversion Program and the play in view of the parent while pre-hearing Court’s Special Circumstances List, all of consultation is provided by Legal Aid’s Court Assistance professionals. A room has also which operate through referral of defendants been provided for DV Connect to provide appearing before the Arrest Courts, interview professional support for men involved in rooms and offi ce facilities are needed for domestic violence proceedings. On the same Court Liaison Offi cers who are working in level, four hearing rooms are reserved for the these areas. The Roma Street Arrest Courts Small Claims Tribunal. complex is expected to be refurbished next year to allow more offi ce accommodation Brisbane’s Murri Court is convened weekly for these Court Diversion Programs to in Courtroom 32 on level 7 in a unique operate more effectively. setting, as can be seen in the photograph in the Murri Court section of this report. Since March 1984, the Childrens Court sits On the same level is Court 34, the largest daily in a purpose-built complex located at courtroom in the complex which is often used Quay Street (off Roma Street). The waiting for trials involving a number of defendants, areas and courtroom environments of commissions of inquiry, and ceremonial this complex are designed to engender a events. comfortable atmosphere in which to resolve issues concerning youth and families. Within Apart from the courtrooms and hearing this complex there is a dedicated Youth rooms, the building accommodates Murri Court and a private offi ce for the use magistrates’ chambers, a library and of visiting elders. (See Childrens Court report conference room, a large court registry, on pages 50 to 51).

118 Queensland Magistrates Courts Our regions

New infrastructure Because of the substantial increase in court work at Southport, the number of magistrates The Sandgate courthouse refurbishment is working there has been supplemented by underway and all efforts are being made to not replacing Brisbane magistrates on leave; ensure minimal disturbance to court sittings instead, an acting magistrate is appointed during the process. The $4.7m complex is to Southport. This effectively provides being built on the existing site in Keogh Southport with one extra magistrate, even Street, adjacent to the police station. Within though it inevitably has an effect on the the complex there will be a magistrate’s Brisbane court list. Another example of this courtroom, a mediation room, holding collegiate approach within the court is the facilities, a registry offi ce, and public regular assistance given to the Brisbane waiting areas including interview rooms. Magistrates Court by the magistrates based at The new courthouse will have the latest Sandgate, Redcliffe, and Ipswich. technology, such as closed circuit television (CCTV) facilities to enable child witnesses Throughout the Brisbane Region, the and sexual assault victims to give evidence volume of work involving adult offenders from a separate room in the court precinct. in the criminal jurisdiction has increased substantially in three years. Court facilities in the Brisbane Region will be further improved in two years’ time with The Childrens Court matters for the region the completion of a proposed $11 m Pine have remained fairly constant over the past Rivers courthouse project which will be a three years, except in Brisbane where the new venue for the court operations that are number of defendants has dropped by 39%. currently conducted at the Petrie courthouse. This may be due, in part, to the effectiveness Construction on this project is expected to of the Youth Murri Court where once- begin late in 2006 and fi nish towards the constant offenders have responded well to end of 2007. rehabilitation initiatives implemented by that court. Court workload The daily court operations serviced by The civil jurisdiction has remained constant Brisbane Region’s 28 magistrates are in the ‘suburban’ court centres; however, the managed by Deputy Chief Magistrate Hine, Brisbane Magistrates Court has experienced the regional coordinating magistrate for an increase of approximately 25%. the Brisbane region, and are a large part of The comparative fi gures for the past three his administrative duties. Together with the years for the criminal, Childrens Court, and magistrates who manage the courts in the civil claims jurisdictions are detailed in outer centres of the region, he holds regular Tables 18 and 19. and frequent meetings with registry and court support personnel, as well as other stakeholders, to ensure that court workloads are managed at an optimum level.

Annual Report 2005—2006 119 Table 18: Number of defendants in criminal jurisdiction

Centre 2003–04 2004–05 2005–06

Criminal Jurisdiction—Adults Petrie 1900 2330 2804 Redcliffe 2869 3522 3475 Sandgate 2122 2811 3097 Cleveland 2228 2748 2994 Brisbane 27439 28394 31980

Childrens Court Petrie 212 173 235 Redcliffe 227 251 209 Sandgate 244 279 250 Cleveland 142 181 150 Brisbane 1590 1148 974

Table 19: Number of civil claims

Centre 2003–04 2004–05 2005–06

Civil Petrie 1133 1087 1262 Redcliffe 550 432 390 Sandgate 316 293 285 Cleveland 1322 1220 1237 Brisbane 20963 22925 26066

120 Queensland Magistrates Courts Our regions

Court improvement strategies Program or to be included in the Court’s Special Circumstances List Project. The Third Arrest Court object of this referral is to give the court In the course of the year, several court guidance in addressing the underlying management initiatives were undertaken problems that result in them being charged by the Brisbane magistracy to ensure with these offences by incorporating the effi cient operation of the court for residency and health requirements into the benefi t of the public, defendants and court orders to motivate their rehabilitation members of the legal profession. and to reduce their appearances before the court. Further details on these projects are With the increasing number of offenders available at pages 75 to 77. appearing daily before the Arrests Courts in Brisbane, it became necessary to open a Full day Chamber List third Arrest Court as a pilot. It had become Another initiative involving civil matters obvious from the increase in the court that commenced on 5 May 2006 is the workload that two magistrates were unable introduction of a full day Chamber List of to manage the volume of matters listed daily applications to be heard at the Brisbane before the two courts and still have time Magistrates Court. This pilot program has to deal with each matter in a considered all civil chamber matters being heard each way. Magistrates were working from 9am Friday instead of hearings by a Chamber until after 6pm on a regular basis; this also Magistrate Monday to Friday between 9am increased pressure on support staff. and 10am and 2pm to 2.30pm. Of course, the instigation of the extra court The Chamber List involves approximately 25 had implications for the resources of other matters. It is presided over by one magistrate organisations: it became necessary for the who may hand over a lengthy matter to Queensland Police Service to provide another a second magistrate. Matters are heard in prosecutor and for the Legal Aid Offi ce and order of brevity, with consent orders and the Aboriginal and Torres Strait Islanders adjournments taking priority. The court’s Legal Service to provide extra staff. This civil registry staff play an active role in the having been achieved, the new arrangements listing and managing of the Chamber List have been accepted and have operated by contacting the parties and their legal effectively; therefore, the arrangement will representatives midweek to ascertain the become permanent. status of matters since the fi ling date and ensure that drafts of orders being sought are Homeless Persons Court and Special placed with the fi les. Circumstances List Since May this year, magistrates presiding The reason for piloting a single Chamber in the Arrest Courts have had access to two List was to streamline the hearing of these new diversionary pilot projects. Magistrates matters into a single day to provide greater have been able to refer people who appear to effi ciency for the legal profession and their be homeless or have a mental disability clients, rather than ‘fi t them in’ around other and/or mental incapacity, and are charged court lists that operate from 10am and 2pm with public nuisance and minor street each day. Another reason was to develop offences, to the Homeless Persons Liaison expertise and effi ciencies in the type of Offi cer (HPLO). This offi cer is stationed applications that are usually listed, namely, at the Arrest Court and is present during summary and default judgement applications, court hours to assess people referred to applications to strike out pleadings, and other him for their eligibility to be included in interlocutory applications. the Homeless Persons Court Diversion Pilot

Annual Report 2005—2006 121 If this Chamber List pilot operates effectively, As Magistrates in Fiji do not have access to Brisbane magistrates may be in a position to computers, our Court arranged for a surplus commence court earlier in the day, thereby laptop computer to be donated to Magistrate increasing the volume of work processed in Khan for his use when he returned to Fiji. other jurisdictions. By bringing the practice The computer has enabled Magistrate Khan of the Magistrates Court into line with that to have access to the internet and email of other courts, the benefi ts to the legal functions which have greatly improved profession, their clients and the public communication and information sharing should be maximised. between the Fijian magistracy and their Queensland and Australian colleagues.

Visiting judicial offi cers In April 2006, a delegation from the In the course of the year, the Brisbane National Judges College of China located Magistrates Court has been host to visiting in Beijing visited the Brisbane Magistrates judicial offi cers from overseas and interstate. Court. They were welcomed by the Deputy Director-General, JAG and engaged in During September 2005 Magistrate discussions about the Murri Court and the Mohammed Khan, the resident Magistrate role of Justices of the Peace. Justice Byrne from Lautoka, Fiji spent two weeks at the of the Supreme Court, Judges Trafford- Brisbane Magistrates Court to gain insight Walker and Forde of the District Court and into our Court’s various jurisdictions, our Magistrate O’Shea from Bundaberg joined court management strategies, and the the Chief Magistrate, Judge Irwin in the discussions and on a tour of the Murri Court. operation of the Dispute Resolution Branch of JAG. At our Annual State Conference in May, all our magistrates had the opportunity to share ideas and experiences with Chief Magistrate John Numapo and Senior Magistrate Sasa Inkung from Papua New Guinea. Both magistrates had attended the National Court Drug Diversions Initiatives Conference which was held in Brisbane immediately prior to our state conference and, as a result of the links forged during their visit, communication has continued with them through email, particularly information on the application of therapeutic jurisprudence.

Magistrate Mohammed Khan (Fiji) with Deputy We also had the company of Magistrate Director-General (JAG) Jim McGowan and Chief Robert Lawrence from Rockingham, Western Magistrate Judge Irwin. Australia and Magistrate Peter Dixon from Hobart, Tasmania at our state conference. Magistrate Lawrence is the President of the Australian Magistrates Association and is well known to many of our magistrates. Magistrate Dixon was involved in two presentations at our conference —one involving the interesting concept of exchange programs of judicial offi cers between states and territories to broaden judicial experience.

122 Queensland Magistrates Courts Our regions

Visiting delegates from the Judicial College in Beijing.

Deputy Chief Magistrate Hine received a visit Judge Peggy Hora from the Superior Court from Sir Albert Palmer, Chief Justice of the of Alameda County, California USA, was Solomon Islands, in June 2006. The purpose guest at a lunchtime seminar held at the of Sir Albert’s visit was to gain insight into Brisbane Magistrates Court in June 2006. our court management practices, especially At the seminar organised by Mr Gregory our listing process and the daily allocation Wiman, JAG’s Drug Court Manager, she met of hearings to magistrates in court centres with magistrates, legal offi cers, government where several magistrates preside. policy offi cers and university lecturers and spoke on the trends developing in Drug Courts in America. One topic of particular interest to our magistrates was the trend of young women, often with children, who have methamphetamine addiction developed from ‘party drug’ use.

Residential rehabilitation options for women with children are not uncommon in the USA and are being tried in Queensland; however, they are relatively unheard of in other parts of Australia. Queensland’s response to meeting the need for opportunities for residential rehabilitation for drug addicted women caring for children is the Accommodation Support Program operated through the Drug Court. The seminar was Gathering of Magistrates with Sir Albert Palmer, Chief Justice Solomon Islands very thought-provoking and has resulted in (l–r) Magistrate Hall, Magistrate Roney, ongoing discussion between the attendees. Sir Albert Palmer, Magistrate Payne, Magistrate Sarra and Regional Coordinating Magistrate MacCallum.

Annual Report 2005—2006 123 Community involvement The operation of the Brisbane Murri Court is of special interest to Deputy Chief Magistrate Throughout the Brisbane Region, the Hine who has been involved with the Queensland Magistrates Courts regularly development of the Court from its earliest receive group visits from schools and stages. Together with Brisbane Magistrates secondary colleges from the Brisbane Sarra and Payne, he keeps in regular contact metropolitan area as well as from country with the Indigenous elders who volunteer to areas. Registry staff facilitate these visits and attend the court on a roster basis to assist a Magistrate from the Court usually takes the and advise the magistrates who convene that opportunity to engage with the students in court. A more detailed report on the Murri the courtroom to explain the court’s place in Court appears on page 70. our society and the role of magistrates. During Queensland’s Law Week (21–27 May Interaction with students at tertiary level 2006) Magistrate Thacker discussed the is particularly advanced through work operation of the Queensland Drug Court on experience programs such as the University radio. The Chief Magistrate and Deputy Chief of Queensland’s WATL program and the Magistrate presided in moot courts at the Queensland University of Technology’s Law Week Open Day which was held at the Internship Program. Brisbane Magistrates Court on Sunday 21 May 2006. Many Brisbane-based magistrates regularly give of their personal time to preside in moot The magistrates based at Brisbane have courts arranged by the law faculties of the attended lunch-hour seminars and meetings University of Queensland, the Queensland throughout the year to share information University of Technology and Griffi th on their court work and take advantage of University. Many magistrates also actively information sessions about new legislation participate in the conduct of the Bar Practice and rehabilitation programs that may be Course. (See Community information and incorporated into sentences. Legal education on pages 86 to 88). Future growth Throughout the year, Magistrates Dean and With the recent increase in urban density in Smith (WJ) addressed police recruits at the the inner-city region of Brisbane, as well as Queensland Police Academy about the court major new urban developments occurring in system and the vital role of evidence in its fringe areas such as Mango Hill in the north, proceedings. Springfi eld Lakes in the south-west, and the Redlands district in the east, government Brisbane magistrates often engage with the estimates forecast that the greater Brisbane community at special events which mark metropolitan area will house another 190 000 community activities and interests. For people by 2007, bringing the total population example, Magistrate Roney, who presides in the region to 1.8 million people. over the Special Circumstances List, attended the opening of the South Brisbane Inevitably, court lists in central Brisbane Homelessness Information and Referral and the outer suburbs will expand; however, Service in March 2006 and was involved in the magistrates of the Brisbane Region will activities at the New Farm Neighbourhood continue to develop and trial court listing and Centre during Homelessness Week this year. case management strategies to help meet the ever-present challenge of delivering justice in a timely manner to the people of Brisbane.

122006 Queensland Transport: Study of Brisbane Metropolitan Sub-Region 2007

124 Queensland Magistrates Courts Our regions

South-East Region SOUTH EAST The South-East Region of the Magistrates QUEENSLAND REGION Court covers all courthouses south of the Brisbane Magistrates Court in George Street.

The area is a long narrow strip of land running along the coast from just south of the Brisbane central business district (CBD) at suburban Holland Park, through the rapidly developing urban centre of Beenleigh, and along the Gold Coast corridor to the New South Wales border at Coolangatta. The region extends inland through the commercial centre of Nerang and the Gold Coast Hinterland to Beaudesert —a busy centre for horse breeding and beef cattle. The region covers urban and SOUTH EAST QUEENSLAND rural areas, with an emphasis on tourism REGION and business activities. It is an attractive and vibrant place to live with a temperate Holland Park Beenleigh climate, easy access to beautiful beaches, Beaudesert Southport and great economic opportunities. Because Coolangatta of its myriad of attractions, the region is the fastest growing in Australia.

It is well serviced by roads, the most important being the Pacifi c Highway (or, as it is locally known, the M1), which provides Beenleigh magistrates convene a weekly access to and from Brisbane. The M1 is, in court at Beaudesert Magistrates Court and, itself, a source of a considerable number of each month, two extra trial days are held traffi c offences that come before our courts, at Beaudesert. Southport magistrates travel the most alarming of which is high speed weekly to Coolangatta Magistrates Court, racing. and each month, one extra trial day is held at Coolangatta. The region’s courts are served by 12 magistrates in the following locations: Population demographics have a real • Beenleigh—4 magistrates impact on the type of work done by the • Beaudesert—served by circuit from courts in the South-East Region. Each Beenleigh court centre in the region has its own • Holland Park—1 magistrate personality. Beaudesert and Coolangatta Magistrates Courts retain an air of a quiet, • Southport—6 magistrates and 1 full time more country-style Queensland. Holland relieving magistrate Park is part of metropolitan Brisbane, while • Coolangatta—served by circuit from Beenleigh Magistrates Court is in the midst Southport. of another area of great urban growth.

Annual Report 2005—2006 125 Southport and Coolangatta The attraction of the Gold Coast to many people does mean there is a level of Southport Magistrates Court is one of the instability to the population. People new busiest courts in Queensland, servicing a to the coast can lack the support structures rapidly growing region. For example: available in their home communities. • Southport deals with more domestic Young people, who may be homeless and violence and child protection not receiving any social security benefi ts, applications than any other court centre are attracted by the lifestyle, the weather in Queensland. and the beach. Hence, the child protection, • only Brisbane deals with more criminal juvenile justice and domestic violence matters and civil claims (including small jurisdictions are continually busy. claims) than Southport. Due to the transient nature of a signifi cant As at June 2005, the Gold Coast population proportion of the population, there are high was estimated to be 490 398—an increase of numbers of renters rather than owners of nearly 80 000 from 1999. The Gold Coast is residential properties. This, in turn, leads to a by far the second largest city in Queensland, high number of residential tenancy disputes, surpassing Townsville, the third largest city, especially around peak holiday times, which by an estimated 330 000 people as at 30 June 2005.13 is refl ected in the high number of small claims matters. As well as the large permanent population, there are, throughout the year, temporary All the issues mentioned above are increases in population during annual exacerbated because many overseas holiday periods and special events. The nationals holiday here and, if and average number of tourists at the Gold when offences are committed by them, Coast each day has increased from 77 270 in interpretation services are usually needed 2000–2001 to 84 555 in 2004–2005.14 The which slows down the progress of court most signifi cant holiday periods are centred proceedings. around Easter and Christmas; however, visitor numbers also swell during the staging A marked increase in the region’s population of the Indy 300 and during Schoolies week, growth has meant an increasing workload a phenomena that occurs towards the end of and a backlog of cases in the courts. In November and early December each year. At addition, the area is now serviced by these times, the population is increased by three Queensland Police Districts—Gold holiday-makers which, unfortunately, means Coast, Logan and, more recently, Coomera. the amount of minor crime and drug and Increasing police numbers refl ect increasing traffi c offences coming before the Southport populations, which means increasing crime Magistrates Court also increases. leading to increasing numbers of defendants and charges that must be dealt with by our courts.

13Gold Coast City Council Annual Report 2004–05 and Townsville City Council Community Information Bulletin/Common Questions

14Gold Coast City Council Annual Report 2005–05

126 Queensland Magistrates Courts Our regions

While the number of criminal charges has In Southport, Magistrate Rinaudo assumed grown, the number of available court days responsibility for the coronial jurisdiction. has not. Hence, there is an unfortunate During the past year, he has made every delay in Southport for a trial or committal effort to streamline the coronial process hearing of up to six months, depending for the benefi t of all involved; particularly on the length of a matter. Delays in the for the next-of-kin of the deceased. This Magistrates Courts, ultimately, can lead to has been achieved through improved delays in matters coming before the Supreme communication with the Gold Coast Hospital and District Courts of Queensland—and this Mortuary staff, forensic pathologists and situation is not in the interests of victims of the police. The Coroner and his clerk have crime, defendants or justice. These delays attended meetings at the hospital on a are despite supplementing Southport’s regular basis and have facilitated meetings effective complement of six magistrates by with the police. an additional magistrate by not replacing magistrates on leave in Brisbane. A number of important issues have been addressed and resolved as a result of these To reduce the backlog in Southport, new meetings. Improved processing of coronial review procedures have been implemented matters has been achieved, wherever possible, to ensure that matters listed proceed on the by obtaining a Cause of Death certifi cate at day. This process has been successful to an early time or ensuring that autopsies are the extent that magistrates can be assured ordered and undertaken as soon as possible now of spending nearly all day, every day, to enable the next-of-kin to make funeral in court as fewer matters are being settled arrangements. unexpectedly on the day of the hearing. However, successfully managing the list Some delays continue to be experienced means added pressure on magistrates who when there are problems with identifi cation have no time allocated for reserve judgments because of a lack of next-of-kin or severe or other work outside the courtroom. decomposition. DNA testing continues to take too long for processing. Regular meetings between the Coordinating Magistrate, the profession and law A signifi cant number of police investigations enforcement supervisors have been useful were outstanding at the end of the last year. in addressing day-to-day issues as well With improved recording of information as attempting to address a more strategic and regular meetings with police at a high approach to coping with the pressures on level, the number of outstanding reports, the court. One memorable suggestion by particularly those that were some years old, the profession, Night Court, has not yet has reduced dramatically. Of course, some, progressed; however, it is an example of by their nature, will take a longer time to some of the more innovative approaches that complete—for example, those involving have been suggested. The holding of regular suspicious circumstances where police meetings with interested parties has kept investigations have failed to identify a magistrates in Southport in tune with the perpetrator. Thanks must go to the police requirements of the community. who assist the State Coroner for their support and assistance in maintaining cooperation with the Gold Coast police.

Annual Report 2005—2006 127 It should be noted, in particular, that Beenleigh and Beaudesert Magistrate Rinaudo spends a great deal of Approximately half-way between Brisbane his personal time outside court hours doing and the Gold Coast lies what used to be Coroner’s work as there is not suffi cient the sleepy town of Beenleigh. Although court time available to be allocated for this by-passed by the M1 national highway, purpose. Beenleigh has awoken to be one of the busiest provincial towns in south-east Magistrate Pirie has assumed responsibility Queensland. It services much of the light for the children’s jurisdiction at Southport industry that has sprung up along the for the past three years. This period has highway as well as the highly populated City seen a signifi cant growth in the jurisdiction. of Logan, another fast growing urban district Because of the legislative changes, and the to the south of Brisbane. changes to the jurisdiction, no comparative fi gures are available for the regional centre As a result of the huge population growth for children’s Care and Protection Orders. being experienced in its surrounding However, there has been an increase in districts, the Beenleigh Court is also those orders on the Gold Coast from 265 experiencing some of the same problems in 2001 to 792 in 200515—an increase of as Southport—although not yet to the same 198%. This increase is exacerbated by the extent. The case lists in Beenleigh currently fact that a Case Plan must now be presented allow a hearing to be listed about three to the court for its consideration. While months after the court is notifi ed that these plans are a positive development, a matter will be a trial. Like Southport, this process has led to a marked increase in Beenleigh has seen a marked increase in the the time taken in court to deal with each number of Child Care and Protection matters case. Southport now allocates one and one as a consequence of the Department of Child half court days weekly to the Childrens Safety developing an increased regional Court list (which includes juvenile justice presence in the areas south of Brisbane CBD. matters). This is a signifi cant increase from Beenleigh had the second largest number of one morning weekly fi ve years ago. The child protection matters in Queensland; it size of Care and Protection Applications, has the third highest number of criminal and including the amount of material fi led in civil lodgements (even without small claims); contested applications, has also increased. and it also has the second largest number of Again, regular meetings between the court applications in the domestic violence area. with relevant stakeholders, including the Departments of Child Safety, Corrective Services and the private profession, have signifi cantly helped to ensure that the needs of children and others are met effi ciently and within the legislative framework. Magistrate Pirie also spends a considerable amount of personal time outside court hours preparing matters to enable the Childrens Court to run smoothly. When this is taken into account, the matters on the Childrens Court list, in practical terms, occupy at least two days.

15Dept of Child Safety Statistics created by K. O’Neil 10/3/06

128 Queensland Magistrates Courts Our regions

Holland Park The greater use of modern technology continues with the roll-out of digital Holland Park is a one-magistrate centre recording equipment scheduled for courts in that is convened on a full-time basis by the region in August 2006 and access to a Magistrate Arnold, with extra assistance at new sentencing database coming online in least two days each week, from Magistrate the near future. All these exciting advances Quinlan from Wynnum and a relieving will, no doubt, increase the support to magistrate from Brisbane. A Brisbane magistrates which will result in greater magistrate also attends Holland Park for effi ciency. Childrens Court matters.

Apart from in-court and out-of-court This court is kept particularly busy by the judicial work, magistrates at each of our high number of traffi c offences committed centres take the opportunity to address on the M1 and provides a good example groups of local school and college students of how these offences on that stretch of when they visit our courtrooms to gain highway contribute to the workload of the an insight to justice in action. Tertiary courts positioned along its route. The court students involved in legal studies at Griffi th list currently allows listing of hearings after University’s Gold Coast campus and Bond two months which extends out to, but rarely University regularly attend our courts as part exceeds, three months. Court workloads at of their practical assignments. This year, one Holland Park have remained stable over the of our magistrates at Southport participated last twelve months; however, as the area in a work experience program that gave south-east of Brisbane CBD continues to a legal undergraduate the opportunity to grow, Holland Park will, inevitably, become closely observe the variety of legal work a busier court centre. dealt with, both in-court and out-of-court, by magistrates. Technology Some of the challenges discussed above As citizens of our region, through our have been alleviated by the continued family and social interests, the magistracy growth in the supply and use of technology. of the South-East Region feels a strong Our magistrates are now able to use their connectivity with the communities we serve. computers in courtrooms and this assists As our workload increases in this thriving greatly with receiving and processing region, we look forward to an increase in evidence and assessing electronic reference our number so that we may keep pace with to statutes and precedent cases. The use of the community’s need of timely access to videoconferencing is also expected to reduce justice. court lists. While state of the art equipment has been installed in courthouses within the region, the lack of suitable reciprocal equipment in places such as the Arthur Gorrie Correctional Centre has, to date, limited the use and effectiveness of this facility. However, its use in other areas, such as taking evidence from children, has proved invaluable. An improvement to the technology at the correctional centre would signifi cantly increase court effi ciency (as well as Corrective Services’ effi ciency).

Annual Report 2005—2006 129 South-West Region SOUTH WEST REGION The South-West Region of the Magistrates Court encompasses an oval-shaped area of Queensland that begins and ends at Stanthorpe and sweeps in a vast arc north- east to the outer western Brisbane suburb of Richlands, then north-west across the Great Dividing Range to Taroom, down to Queensland’s border apex with South Australia and New South Wales, and eastward along the state’s southern border.

The Regional Coordinating Magistrate for the South-West Region is currently based in the city of Ipswich. There are ten magistrates servicing 22 court centres in this region from

the bases listed below in Table 20. SOUTH WEST REGION Taroom Ipswich Charleville Mitchell Roma Chinchilla Dalby The city of Ipswich has a population of Oakey Toowoomba Gatton Pittsworth Ipswich approximately 140 000 and, in June 2005, it Cunnamulla St George Richlands Warwick was ranked third in Queensland’s ten fastest Goondiwindi Stanthorpe population growth local government areas16. It is Queensland’s oldest city and, arguably, has some of the best private and public colonial architecture, much of which has been preserved so that the inner city street scape retains an air of yesteryear.

Table 20: Circuit Centres for the South-West Region

Number of Court base magistrates Circuit centres

Charleville 1 Cunnamulla, Mitchell, Quilpie, Roma, Tambo

Dalby 1 Chinchilla, Dirranbandi, Millmerran, Oakey, Pittsworth, St George, Taroom

Ipswich 3 Assists in Brisbane 2 days per fortnight

Richlands 2 Assists in Brisbane when required

Toowoomba 2 Gatton 4 days per month

Warwick 1 Goondiwindi, Inglewood, Stanthorpe

16Qld Government OESR Regional Population Growth 2004–05

130 Queensland Magistrates Courts Our regions

Ipswich Magistrates Court is a study in emerging multicultural societies. While there is a signifi cant representation from the Indigenous community, there is also an increasing number of people from the Pacifi c Islands and Asia (mainly from Vietnam), which means there is a regular demand for interpreter services.

A Drug Court has also been convened in Ipswich each week since the initiation of the pilot program 2000.

Recent technical innovations within the Ipswich courthouse have improved our Court’s operation. The installation of video links with correctional institutions

Design of the new Ipswich Courthouse. has removed the need for prisoners to be brought in to court unnecessarily for mentions and adjournments. This has meant a great saving in court time and security A new courthouse is to be built to costs. The provision of vulnerable witness replace the current building which was rooms, wireless internet connections and opened in 1981. The new complex will digital recording of court proceedings has be built to a design sympathetic with its also been appreciated by the magistrates and surrounds. The building will be on South by court users. Street and will provide eight Magistrates Courts (including a Special Purpose Court) The magistrates at Ipswich hold regular and three District Courts. stakeholder meetings to ensure that services are provided in the most effi cient The Ipswich Magistrates Court is currently manner possible. There is a good working consulting with the local community and relationship with these groups and this members of the legal profession about the enables our court, which has a busy list, to possible establishment of a Murri Court. operate effectively. Although a number of attempts have been made in previous years, it appears that The court has, like so many others the success of the Brisbane Murri Court throughout the State, been assisted by the has infl uenced the community and legal invaluable services of the Court Support profession to engage with the court in this Volunteers. Some of those currently endeavour. The court is expected to be attending court have been providing this operational by the beginning of 2007. service for over ten years. Without them, the operation of the Court would be more Recently, Samoan community elders have diffi cult. From time-to-time, these volunteers requested permission to attend court to help provide support to families and friends in the sentencing process. This has been of defendants as well as the victims and conducted on an informal basis to date; witnesses who may be attending hearings. however, in time, we may see the rise of a court for people from these backgrounds, conducted along similar lines to the Murri Court.

Annual Report 2005—2006 131 In the near future, Mental Health Liaison Located nearby are the correctional facilities Offi cers will be stationed at the Ipswich at Wacol. The planned introduction of Magistrates Court to help assess people videoconferencing technology in 2006–2007 appearing before the Court who have mental to link the Richlands Court with correctional health issues. This is an area that has been facilities is much anticipated. This will of considerable concern to all magistrates allow court proceedings to be held in the and court users because there is a perception presence of prisoners, without the necessity that many people who may need help are of bringing them physically before the court, being diverted into the justice system rather and will provide effi ciency and security than the health system. This service makes it benefi ts to the court, corrective services, possible to identify those with mental health police and the community. issues at an earlier stage. The year culminated in the recognition The court is regularly visited by groups of of ongoing services provided by a willing students from the local schools and colleges band of Court Support Volunteers. These and most magistrates take the opportunity people freely give up their own time on a to speak to and answer some insightful daily basis to attend the court and provide questions from these students about the workings of the court and the justice system assistance. Their activities include arranging generally. Magistrates also endeavour to interviews with the duty solicitor, guiding attend as many local community functions people to the relevant courtroom, and as possible and to maintain contact with the providing assistance with documentation Ipswich community. on court matters. Often they are called upon to provide emotional support to Western Districts—Richlands victims, family and friends who attend court proceedings. Some of the volunteers This district embraces several outer western have tirelessly offered their services for suburbs of Brisbane and is situated adjacent over 15 years. It was important that their to growth areas along the western corridor signifi cant contribution to the courts was leading to Ipswich. It is a mixture of recognised in the presentation of Certifi cates sprawling urban development and industrial of Appreciation, by the Attorney-General, areas and, with the recent development of at a ceremony held on 1 June 2006 at the new residential areas, has led to an increase Richlands Magistrates Court. in the number of younger families residing in the district.

There is a diversity of culture and language with a strong Asian infl uence within the community. With a higher than average population with non-English speaking backgrounds, there is constant demand for interpretation services in our court. Unfortunately, this usually results in cases being dealt with more slowly and this can affect the court list.

The community is served by a new and modern Magistrates Court complex situated at Richlands. Regular meetings take place from time-to-time between the magistrates and the court’s stakeholders to review and assess the delivery of our justice services.

132 Queensland Magistrates Courts Our regions

Toowoomba of Appreciation to the volunteers at an offi cial ceremony at the courthouse in the With a population of over 90 000 residents, near future. Toowoomba is Queensland’s largest inland city. The city is situated 130 kilometres west Throughout the year, the Toowoomba of Brisbane and services the fertile Darling magistracy has appreciated the assistance Downs region which is known for its grain, of a barrister, Mr Daniel Toombes, who cotton, beef, pork and dairy industries. It is has been provided to the court through interesting to note that the most signifi cant the Advocacy and Support Centre, as a industries of employment in the district are six month project, to give legal advice, retail, health and community services, such support and representation to people with as secondary, tertiary and rural education an intellectual disability and/or mental centres17. incapacity who live within the Toowoomba community. Mr Toombes’ work commenced As a result of the Federal Government’s in 2005 and was funded through Legal Skilled Independent Regional (SIR) Visa, Aid Queensland after consultation with which allows skilled migrants who are willing the magistrates and local police. It has to commit three years to regional areas to gain led to positive outcomes for the court and permanent entry to Australia, Toowoomba the community. Shortly, the Queensland has experienced a 500 per cent rise, over the Forensic Mental Health Service will position past three years, in the number of resettled a Mental Health Liaison Offi cer at the court refugees—the majority of whom are from to help assess people appearing before the Southern Sudan18. The court, along with other court who may have mental health issues. essential services, has been required to cope with the sudden communication diffi culties The Toowoomba magistrates regularly involved with language and cultural consult with community leaders and court differences. The need for ready local access to stakeholders on justice issues. Throughout trained court interpreters has become obvious the year, discussions have been held with in Toowoomba as with a number of other domestic violence support organisations, centres. Child Safety Offi cers, Legal Aid solicitors and members of the watch house staff. One People attending court in Toowoomba are topic that has been raised in all of these given practical and emotional support from a meetings is the need for a refurbishment of dedicated team of Court Support Volunteers the courthouse at Toowoomba to provide from the local community who attend court adequate facilities for the varied needs of daily on a roster basis. Plans are in place to people who are required to attend court. have the Chief Magistrate present Certifi cates

Presentation of Certifi cates of Appreciation to court volunteers at Toowoomba Courthouse.

17Toowoomba City Council Report 2005 18DIMA Review of Resettlement Program 2005

Annual Report 2005—2006 133 Dalby distances, at considerable expense, by road —only for them to receive bail and then Dalby is situated north-west of Toowoomba have to be transported back to their home on the Warrego national highway which centre. Judicial time spent in travelling to runs from Brisbane to Darwin and lies at these centres for court callovers and short the crossroads of the Warrego, Moonie, matters will also be reduced and then used Condamine and Bunya state highways, that more productively. link all the capital cities of Australia. The 10 000 residents of this thriving country Refurbishment of the courthouse at town are only a few hours driving distance St George has recently commenced. At from the cities of Brisbane and Toowoomba present, apart from Dalby, only the courts and the Gold and Sunshine Coasts. at Oakey and Chinchilla have a permanent court recording facility and the equipping Each year, the Dalby-based magistrate and of the other courthouses with such essential depositions clerk travel 20 000 to 25 000 equipment is a priority. The aim is to install kilometres to convene courts in the district. equipment that became available as a result Often, the driving on circuit trips is done of the Brisbane Courts’ transition to digital during dawn and dusk hours and, with recording technology. the number of kangaroos that traverse the country highways at those times of day, In Dirranbandi the Magistrates Court sits travelling can be quite hazardous. The Dalby in the local police station. As is the case magistrate’s circuit program is detailed with the courts in Cape communities, this is below in Table 21. inconsistent with the reassurance of trust in judicial independence. Table 21: Dalby Circuits –Distance and frequency of travel Warwick Round trip distance from The city of Warwick is located at the Circuit centre Frequency Dalby junction of the New England and Cunningham Highways, 83 kilometres Chinchilla Monthly 167km south of Toowoomba. The population of Dirranbandi Quarterly 853km the Warwick Shire is estimated at 21 387 19 Millmerran Monthly 198km and, of them, 11 000 are city residents . The Warwick district is renowned for some Oakey Monthly 109km of Australia’s best agricultural and diary Pittsworth Monthly 174km produce; however, it has a wide range of industry that includes dairy processing, St George Monthly 606km maize milling, livestock transportation, and Taroom Quarterly 514km brick and paving manufacturing.

The circuit centres serviced by Warwick’s The anticipated installation of video links resident magistrate are Inglewood and next year at Dirranbandi, St George and the border towns of Goondiwindi and Taroom courthouses will enable the Dalby Stanthorpe. Over the past twelve months, magistrate to deal with urgent arrest matters Magistrate Cridland has travelled between from the home base without the need to 10 000 and 12 000 kilometres to attend have people who are held in custody at these courts. those centres, or at Roma, conveyed long

19Warwick Shire Council 2005 Annual Report

134 Queensland Magistrates Courts Our regions

Remoteness of western rural centres often Charleville means that magistrates are restricted when Charleville is situated on the banks of considering sentence options that would the Warrego River, approximately 740 be readily available to defendants in kilometres west of Brisbane. The area of regional cities. However, renovations at the Queensland that falls within Magistrate courthouses of Stanthorpe and Goondiwindi Costello’s jurisdiction includes the towns of this year included the construction of Cunnamulla, Mitchell, Quilpie, Roma and vulnerable witness rooms. Apart from Tambo and is equivalent in size to the State providing an opportunity for children to give of Victoria. Table 22 below indicates the their evidence to courts via CCTV, the suite distances he has to travel on his circuits. (which includes a toilet) has also enabled Corrective Services and Juvenile Justice Table 22: Charleville Circuits Offi cers from Warwick to conduct interviews –Distance and frequency of travel and urinalysis testing on court callover days Round trip as part of their pro-active monitoring of distance from the court’s Intensive Correction Orders and Circuit centre Frequency Charleville Intensive Rehabilitation Orders. Although Cunnamulla Monthly 400km these orders are onerous for the offender, they give them an opportunity to rehabilitate Mitchell Quarterly 360km themselves while living in the community Quilpie Quarterly 420km and undertaking community service, instead of being incarcerated. Importantly, DrugArm Roma Fortnightly 536km is now established in Warwick, Stanthorpe Tambo Quarterly 401km and Goondiwindi and their services are regularly used by Corrective Services. This structural and personnel infrastructure In each of these centres, the Magistrates has increased the court’s ability to Court is appreciated as an important part of prescribe more therapeutic sentences for the community. Apart from providing access youthful offenders at these centres. Other to justice, the staff at the local courthouses developments that have helped the court in often act as government agents, providing this region this year have been: services, advice and assistance to community members on a variety of issues. • the ability of Juvenile Justice offi cers to propose and supervise effective This year, the continuing drought has had conditional bail programs for juveniles an adverse impact on the people and local who reside in Killarney; economies of the far south-west and, in • the provision of support workers to help most centres, remoteness of locality results aggrieved people prior to hearings in the in a lack of readily available and affordable Domestic Violence jurisdiction at several legal representation. In the criminal court centres; and jurisdiction, public nuisance offences (such as wilful destruction of public and private • the establishment of a permanent offi ce property) appear to be on the increase, of the Aboriginal and Torres Strait with an over-representation of Indigenous Islanders Legal Service in Warwick people before the court. It is also concerning to attend more directly to Indigenous to note that 107 children were dealt with Australians at Warwick and its circuit in Cunnamulla’s Childrens Court this year centres. compared to 51 the previous year. The number of break-and-enter offences have been of particular concern to the people of Cunnamulla.

Annual Report 2005—2006 135 (l–r) Sylvia Wilson-Kuhbauch, Neil McShane (Police Prosecutor) Magistrate Costello, Peter Alexander (Registrar), Heidi Everitt and Christine Monaghan (Court Services Offi cers, JAG).

The community leaders of Cunnamulla are particularly pro-active in seeking Ambulance Service, Magistrate Costello government support to improve living has referred to various courses Probation conditions at that centre. Their driving Offi cers that may be suitable for offenders concern lies with a lack of recreation and to undertake during the course of their social activities for the town’s young people. Probation Orders. His contact with local Some time ago, the local disused picture Community Health Offi cers has resulted in theatre was converted into a youth sports a Community Health Clinic being set up in centre. A sports facilitator was engaged a spare room at the Cunnamulla courthouse to run sports training and activities at the each court callover day to provide free- centre. However, because there is no form of of-charge, voluntary health checks for transport to convey sports teams to regional people at the court. A senior nurse and a competitions, the Magistrates Court has health worker conduct the clinic and offer supported efforts to fund the acquisition of a a variety of examinations, including checks community bus. This vehicle would also help for diabetes and blood pressure and, where children from the local schools participate necessary, refer people onto the hospital for in regional educational activities. It would specialists’ attention. Another extremely also allow access to the large properties positive move for the court and the town owned and operated by local Indigenous this year has been the formation of a organisations for cultural education and Community Justice Group in Cunnamulla. camps for local young people. Group members attend court regularly and advise the magistrate on cultural and Magistrate Costello has welcomed the antecedent information about Indigenous support of Cunnamulla’s community leaders offenders who come before the court. This to address justice issues in Cunnamulla. group’s involvement with the court has Through his close association with the Royal already had positive impact on the rate of Flying Doctor Service and the Queensland recidivism.

136 Queensland Magistrates Courts Our regions

During the year, the courthouse at The fi rst series of simulator sessions was Charleville was re-roofed and covered car conducted at the Roma courthouse on accommodation was provided for judicial Monday, 8 May 2006. The Manager of and registry offi cers. The court’s witness Roma’s Community Corrections Offi ce has room was also upgraded. In Roma, the advised of very positive feedback from the Magistrates Court has been able to use the people who have undertaken the courses. CCTV facilities that were installed there this The objective of the program is that, by year for the benefi t of the court and the providing offenders an opportunity to better community. understand the impact of drink driving and speed, such offending will not be repeated. Use of driving simulator at Roma The courts within the South-West Region Courthouse are served by dedicated magistrates, some Following in-depth ground work by of whom can spend the best part of a day Magistrate Costello, people who come before driving to and from courts. The kilometres the Roma Magistrates Court on drink driving travelled by Magistrates based in Charleville, offences and speed related offences may be Warwick, Dalby and, to a lesser extent, given an opportunity to gain insight to their Toowoomba total many thousands each year. driving behaviour through two programs installed in a portable driving simulator The isolation of some of these locations positioned in the courthouse. The simulator does have an impact on access to justice; forms the basis of a Drink Driver Program however, with the improvement in and a Defensive Driving Program. communications, it is easier for advice The Drink Driver Program, designed for a and/or assistance to be obtained. Hopefully, person with a medium to high blood/alcohol it will soon be possible to conduct callovers reading, uses the simulator and special for some of these courts by video link goggles to allow a person to experience the from the ‘home centre’—thus making more differences in perception and behaviour effective use of the magistrate’s time and between driving in a sober state and driving more expeditious resolution of matters for over the prescribed alcohol limit. It also the benefi t of community members. We look uses a ‘walk-the-line’ detector, videos and forward to reporting on these developments a powerpoint presentation to re-enforce the and other improvements to the delivery of overall program message about how alcohol justice throughout the region next year. adversely infl uences the reactions of the body.

The Defensive Driving Program uses a simulator and a powerpoint presentation to indicate the necessary reaction times required when erratic driving behaviour and excessive speed are combined with a range of driving conditions that can be normally encountered. The programs are run by Safe Drive Training (Australia) Pty Ltd, a Brisbane based company, with their trainers and equipment brought to Roma for each session.

In appropriate cases, the court orders Portable driving simulator used for Drink Driver offenders to undertake the courses as and Defensive Driving Programs. conditions of a probation order and are provided as a voluntary alternative to the imposition of a fi ne.

Annual Report 2005—2006 137 138 Queensland Magistrates Courts