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Magistrates Courts of Queensland Annual report 2012 – 2013

Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

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Page 1: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

Magistrates Courts of Queensland Annual report 2012 – 2013

Page 2: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

Brisbane Magistrates Court 363 George Street Brisbane PO Box 1649 Brisbane QLD 4001

CHAMBERS OF THE CHIEF MAGISTRATE PH +61 7 3247 4565

FX +61 7 3220 0088 www.courts.qld.gov.au

13 September 2013 The Honourable Jarrod Bleijie MP Attorney-General and Minister for Justice Level 18 State Law Building 50 Ann Street BRISBANE QLD 4000 Dear Attorney-General, In accordance with section 57A of the Magistrates Courts Act 1921 I enclose the report on the operation of the Magistrates Court for the year ended 30 June 2013. Yours sincerely,

Judge Brendan Butler AM SC Chief Magistrate

Page 3: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

Table of contents Chief Magistrate’s overview..........................................................................................4 Executive Director’s overview ......................................................................................8 Queensland’s Magistrates ............................................................................................11

Structure and operation ............................................................................................15 Court Performance .......................................................................................................20

Criminal jurisdiction ................................................................................................20 Civil jurisdiction ......................................................................................................30 Coronial Jurisdiction................................................................................................34

Departmental Support ..................................................................................................35 Magistrates Courts Service ......................................................................................35 Office of the Chief Magistrate .................................................................................36 Reform and Support Services ..................................................................................36

Supreme Court Library ................................................................................................37 Complaints Policy........................................................................................................38 Appendices...................................................................................................................39

Explanatory notes.....................................................................................................39 Appendix 1 – Criminal lodgements .........................................................................40 Appendix 2 – Civil claim lodgements .....................................................................43 Appendix 3 – Domestic and Family Violence Protection Applications ..................45 Appendix 4 – Child protection applications ............................................................48 Appendix 5 – Magistrates Courts locations and circuits .........................................51

Page 4: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

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Chief Magistrate’s overview It is with pleasure that I present the Magistrates Court of Queensland annual report for 2012-13. Over the past year the Court has continued to deliver justice to the people of Queensland in an efficient and accessible way. This achievement is due to the hard work of magistrates and court staff. For that they have my sincere thanks. Court Performance In the 2012-13 year magistrates have continued to manage a heavy workload notwithstanding increased lodgements in all the major jurisdictions of the Court. In the criminal jurisdiction an increase of over 4000 defendants (2.15%) and 13,700 charges (3.9%) occurred. Domestic violence applications increased by 8.02% and child protection applications by 4.63%. Civil claims were up by 2%. These increases need to be viewed in light of the Queensland court being recognised in the 2013 Report on Government Services as already having the highest number of criminal lodgements of any Australian magistrates court and equal lowest number of magistrates per 100 finalisations. These workload increases taken in conjunction with constraints on resourcing, particularly the reduced availability of relief for magistrates on leave, had an impact on clearance rates with the adult criminal clearance rate falling to 97.5%. On a positive note this rate is still within an acceptable range and the backlog of adult criminal matters over 12 months old continued to trend lower. Nevertheless, any future increases in workload will need to be closely monitored. In the adult criminal jurisdiction, our busiest, we dealt with just on 200,000 defendants during the year. I am proud of the way in which magistrates and judicial registrars rose to these challenges in the past year. Appointments and Retirements During the reporting period five experienced magistrates retired. They were Deputy Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service to the court and I again thank them and wish them an enjoyable retirement. Six new magistrates were appointed during the period. I welcome David O’Connell, Terrence Gardiner, Anthony Gett, Stuart Shearer, Haydn Stjernqvist and Penelope Hay. All have settled in well and are already proving to be valuable additions to the court. Four of these appointments were to new positions created on the Court. One position increased the complement of full time coroners and three represented a move

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from the use of acting magistrates to relieve against absences to the use of permanent full time magistrates for that purpose. I consider the increase in permanent full time magistrates to be a welcome change, increasing as it does the professionalism of the court. Importantly, Magistrate Orazio (Ray) Rinaudo was appointed Deputy Chief Magistrate to replace Magistrate Hine. A magistrate since February 2005, Deputy Chief Magistrate Rinaudo brings to the role an impressive record of legal and administrative accomplishment. His appointment was most welcome. Office of State Coroner Although it occurred after the end of the reporting period it is appropriate that I mention the appointment of Terry Ryan as State Coroner in the vacancy created by the retirement of Michael Barnes from that post. Magistrate Barnes served the maximum 10 year term as State Coroner having been the inaugural appointee to that position upon its creation. Magistrate Barnes has a prodigious capacity for work; in addition to his administrative responsibilities he bore a heavy court load and presided in a succession of major inquests. Importantly he guided the development of an effective coronial system for the State. Mr Barnes has now accepted appointment as a magistrate in New South Wales. With the welcome creation of an additional position of Central Coroner and the appointment of Magistrate O’Connell to that position, the Office of The State Coroner is now wholly staffed by full time coroners and is able to service the whole State. I welcome Magistrate Ryan as the new State Coroner. His strong background in legal administration will prepare him well for this unique position. The Court This is my last annual report as my five year term as Chief Magistrate is soon to come to a close. During those five years the Court, which is Queensland’s most numerous, has continued to grow and change. For most Queenslanders the Magistrates Court is the place where they are most likely to see the judiciary at work. Fully staffed, it is a court of 90 magistrates who are posted to 32 locations throughout the State. Sixty percent of magistrates have been appointed in the past 10 years. A mere 16 percent were court registrars prior to appointment, the remainder being chosen from practising lawyers. This broad range of backgrounds from all sectors of the profession makes for a balanced and well qualified magistracy. The recognition of magistrates as truly independent judicial officers is now well deserved. Although funding constraints during the year have resulted in the termination of some specialist courts, that did not mark an end to magistrates’ ability to refer appropriate candidates to diversionary programs. Rather, diversion now occurs through the

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mainstream court process. Magistrates continue to refer defendants to rehabilitative bail programs and sentencing options. The Queensland Courts Referral process, an innovative scheme co-ordinated within the Magistrates Court Service, is already operating successfully in Brisbane and will soon be extended to other centres. Acknowledgements I especially wish to thank all magistrates, judicial registrars and court staff for their dedication and hard work during the past year. In particular I thank the Regional Co-ordinating Magistrates and Co-ordinating Magistrates whose contribution has made the efficient running of a large and decentralized court possible. During most of the past year I enjoyed the benefit of Deputy Chief Magistrate Rinaudo’s support. I am in his debt. With his broad experience and steady judgment, he will be able to ensure there is a smooth transition to my successor. Special thanks also go to the staff of the Chief Magistrate’s Office who provide support to me and to magistrates statewide. Long term members of the Office, Nicola Azgin, Rachel Monaghan and Ray Ward in Brisbane, Dianne Long in Cairns and Audrey Watson in Southport continue to provide an indispensible service to the court. Over the past two years I have had exceptional support from Debbie Iselin as my Executive Assistant. I extend my sincere thanks to her for providing me with capable and considerate assistance. As Chief Magistrate I have been able to draw upon the skills of Principle Legal Officer, Maryanne May whose extensive legal and policy experience has proved invaluable when responding to law reform proposals, consulting with stakeholders and formulating professional development initiatives. I acknowledge her efforts with gratitude. During my five years in this position I owe a special debt to three people in particular. Deputy Chief Magistrate Brian Hine eased my introduction to the job. His long experience and detailed knowledge of the court was always at my disposal. I constantly benefited from his wise counsel. I thank him for his support and wish him an enjoyable retirement. Paul Marschke, the Executive Director, Magistrates Courts has always been there to respond to my requests and has always put the interests of the Court to the fore. His informed management of the Magistrates Courts Service has been of immense benefit to the magistracy. I am grateful for his unflinching support. A special mention must go to Narelle Kendall, my Executive Assistant for much of my term and latterly the Manager, Executive Support. Narelle also served two of my predecessors and gave each of us exceptional loyalty and commitment. I benefited immensely from her knowledge and assistance. Narelle has my sincere thanks and best wishes for her future.

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It has been a privilege to lead the Magistrates Court over the past 5 years. It has been a valuable and fulfilling experience. I have enjoyed sharing in that experience with my fellow magistrates. I leave confident that the court is in good shape to meet the challenges of the future. Judge Brendan Butler AM SC Chief Magistrate

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Executive Director’s overview The Magistrates Courts Service (MCS) comprises a number of specialist units working together to support and meet the operational needs and performance of Queensland’s Magistrates Courts. In administering the Queensland Magistrates Courts offices, the MCS Directorate comprises:

• Magistrates Courts Service directorate

• Brisbane Magistrates Court registry operations

• Office of the State Coroner (OSC)

• Courts Innovation Programs (CIP)

• Judicial Support Highlights

• On 13 August 2012 an additional magistrate was appointed as a full time coroner to the new position of Central Coroner in Mackay. Queensland now has seven full time coroners located in Cairns, Mackay, Brisbane and Southport. All reportable deaths are now reported to one of the seven coroners or registrar. The role of coronial registrar created in January 2012 has been made permanent due to its success in relieving the workload of the Brisbane based coroners. The registrar deals with less complex investigations such as natural causes deaths freeing up coroners to focus on protracted and complex matters.

• The introduction of the Offender Levy to Queensland Courts commenced on 21 August 2012. It is an administrative requirement legislated and authorised by Parliament via the Penalties and Sentences and Other Legislation Amendment

Act 2012, introduced by the Queensland Government to help pay for the cost of law enforcement and administration. While the levy is not an order of the court and does not form part of any sentence imposed by the court – it is applied to the court order after sentence and before the matter is sent to the State Penalties and Enforcement Registry for enforcement - the installation of the levy into the operations of the courts required amendments to the criminal database, policies and procedures, and training courses.

• The commencement of the Domestic and Family Violence Protection Act 2012 on 17 September 2012 has streamlined the provision of court services to people who are exposed to domestic violence. New safety protocols for court staff were drafted which contain guidelines for court staff in providing a safe environment, accurate information and adequate support for people using Queensland Courts who have experienced domestic violence. To further assist court staff new policies, procedures and training courses were also developed, including regional training to key staff.

• Commencing in January 2013, the Indigenous Sentencing List (the ISL) assists Aboriginal and Torres Strait Islander people who have committed an offence, and with consent, agree to participate with service providers and support agencies to address the underlying cause of their criminality. The ISLs have been established in a number of locations following the consultation with, and support of Elders, Community Justice Group members, the Aboriginal and

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Torres Strait Island Legal Service (ATSILS), the Queensland Police Service (QPS) and other partner agencies. This list provides an avenue for defendants who are granted bail in certain Magistrates Courts to engage in various programs to address their offending behaviour. The aim of the ISL is to give opportunities for families, community justice groups (CJGs) and Elders to participate in the sentencing process, while ultimately, a magistrate determines the sentence outcome.

• Queensland Courts Referral (QCR) commenced in the Roma Street Arrest Courts of the Brisbane Magistrates Court on 15 April 2013. QCR is a bail-based process which enables defendants to engage with non-government organisations and government agencies to address the causes of offending behaviour. They assist defendants with drug and/or alcohol dependency, mental illness, intellectual disability, cognitive impairment, and homeless people or those at risk of homelessness. Consultation has already been undertaken with stakeholders from the Southport and Beenleigh areas to engage in and provide a similar service to operate out of the Southport and Beenleigh Magistrates Courts. There is also consideration to expand the service into Ipswich, Mt. Isa, Townsville and Cairns.

The Future 2012–13 will see important changes to service delivery for the Magistrates Courts.

• The Magistrates Courts Service is utilising the International Framework for Courts' Excellence to enable self-assessment of performance and gauge where resources may need to be focussed to improve operation. A self-assessment survey completed by both magistrates and administrative/registry staff will identify what is considered to be the areas for attention to achieve best practice.

• Court ordered child protection conferencing under the Child Protection Act 1999 was previously undertaken by the Child Protection Conferencing Unit (CPCU) as part of the Magistrates Courts Service. The Unit transitioned service delivery to the Dispute Resolution Branch (DRB) prior to 30 June 2013. The unit had been staffed with three conference convenors all of which were based in the Brisbane Magistrates Court. The 33 state-wide based convenors that completed the preliminary training course facilitated by DRB are now eligible to be on the panel of convenors for child protection conferences.

Acknowledgements To achieve its service delivery goals and provide quality support to judicial officers, the Magistrates Court Service fosters a collaborative and open relationship with the magistracy. I thank His Honour Judge Brendan Butler AM SC for his support and co-operation throughout his term as Chief Magistrate, and wish him all the best for his future accomplishments, now that his time in the role has concluded. I look forward to working with his successor in meeting future challenges and providing effective, timely and responsive court services.

Page 10: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

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I thank all MCS staff and the Regional Directors for their cooperation, assistance and hard work during 2012-13 in meeting the challenges posed during that time. In the upcoming year we will continue our efforts to achieve and deliver the highest possible standard of services to the Queensland community. Paul Marschke Executive Director Magistrates Courts Service

Page 11: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

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Queensland’s Magistrates as at 30 June 2013

Beenleigh TI Morgan Co-ordinating Magistrate PM Dowse JA McDougall JE White Bowen H Stjernqvist Brisbane BJ Butler Chief Magistrate O Rinaudo Deputy Chief Magistrate MA Barnes State Coroner CA Clements Deputy State Coroner AC Thacker Co-ordinating Magistrate JB Lock Brisbane Coroner L O’Shea Childrens Court Magistrate LM Bradford-Morgan Part-time CJ Callaghan JD Costello WA Cull JM Daley EA Hall PM Kluck B Manthey JJ McGrath NF Nunan JV Payne T Previtera CG Roney Part-time BL Springer Bundaberg D Vasta Caboolture J Batts Co-ordinating Magistrate Cairns RD Spencer Regional Co-ordinating Magistrate K Priestly Northern Coroner JM Bentley TJ Black SM Coates AJ Comans A Gett SL Pearson JN Pinder Caloundra SM Tonkin Charleville T Gardiner Cleveland A Kennedy Dalby K Ryan Emerald S Shearer Gladstone RL Warfield Gympie MM Baldwin Hervey Bay GJ Tatnell

Page 12: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

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WJ Smith Relieving Magistrate Holland Park C Strofield Innisfail JM Brassington Ipswich DM MacCallum Regional Co-ordinating Magistrate VE Sturgess MP Quinn Kingaroy MW Bucknall Mackay RN Risson Co-ordinating Magistrate D O’Connell Central Coroner DJ Dwyer Mareeba TJ Braes Maroochydore BA Callaghan Regional Co-ordinating Magistrate JA Hodgins A Hennessy CJ Taylor Mount Isa RJ Madsen Pine Rivers SD Guttridge Redcliffe AJ Chilcott Richlands MR McLaughlin Co-ordinating Magistrate PJ Hay Rockhampton BJ Cosgrove Regional Co-ordinating Magistrate C Press Sandgate SL Cornack Southport RG Kilner Regional Co-ordinating Magistrate JL Hutton South-East Coroner JJ Costanzo TM Duroux MJ Hogan PW Johnstone DE Kehoe BP Kilmartin KT Magee MG O’Driscoll CA Pirie Toowoomba BT Schemioneck Co-ordinating Magistrate JD Carroll Townsville RJ Mack Regional Co-ordinating Magistrate HB Osborne PR Smid LP Verra C Wadley Warwick GC Lee Wynnum Z Sarra

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Acting Magistrates Beenleigh BL Kucks Bowen RW Muirhead Brisbane W Ehrich* J Gordon* JM Herlihy* R Quinlan* B Tynan* Bundaberg LN Lavaring Caboolture PW Hasted Ipswich WA Cridland* Maroochydore BD Barrett* J Parker* D Wilkinson* Noosa GA Hillan* Rockhampton MT Morrow T Bradshaw* Toowoomba RJ Stark Townsville R Lehmann B Smith* * Retired Magistrate

Judicial Registrars Beenleigh GH Kahlert Part-time Southport RM Carmody Part-time Townsville RJ Lehmann

Page 14: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

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Magistrate appointments Magistrate David O’Connell

Central Coroner, Mackay Appointed 13 August 2012

Magistrate Terrence Gardiner

Charleville Appointed 14 October 2012 Magistrate Anthony Gett

Cairns Appointed 14 January 2013

Magistrate Stuart Shearer

Brisbane Appointed 14 January 2013 Magistrate Haydn Stjernqvist

Bowen Appointed 14 January 2013 Magistrate Penelope Hay

Richlands Appointed 24 June 2013 Deputy Chief Magistrate Rinaudo

Magistrate Rinaudo was appointed to the position of Deputy Chief Magistrate on 24 June 2013

Magistrate retirements Magistrate Errol Wessling

Retired 26 August 2012

Magistrate Barry Barrett

Retired 2 September 2012

Magistrate Tom Killeen

Retired 1 January 2013 Deputy Chief Magistrate Brian Hine

Retired 1 February 2013 Magistrate Trevor Arnold

Retired 30 June 2013

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Structure and operation At the end of the reporting period there are 88 appointed magistrates. As two magistrates are part-time they occupy 87 of the 90 magistrate positions available, leaving three positions vacant. There is also a pool of 25 appointed acting magistrates who relieve in magistrates’ positions when magistrates are on leave. The pool includes 11 retired magistrates. Also there are three appointed judicial registrars who occupy two judicial registrar positions as two of the judicial registrars are part-time. The Chief Magistrate is the head of the Magistrates Courts and is its senior judicial officer, responsible for:

• the orderly and expeditious exercise of the jurisdiction and powers of the Magistrates Courts

• deciding who is to constitute a Magistrates Court at particular places

• assigning duties to magistrates

• issuing practice directions

• nominating a magistrate to be a co-ordinating magistrate for the purpose of allocating court work

• performing statutory functions.

The Deputy Chief Magistrate in addition to exercising the functions of a magistrate must exercise such other functions as directed by the Chief Magistrate. The Deputy Chief Magistrate may act as the Chief Magistrate if required. The Chief Magistrate appoints regional co-ordinating magistrates in each region and co-ordinating magistrates in the larger court locations to assist in the orderly disposition of court business. The regional co-ordinating magistrates are: Brisbane Region O Rinaudo (Brisbane) South-West Region DM MacCallum (Ipswich) South Coast Region RG Kilner (Southport) North Coast Region J Hodgins (Maroochydore) Central Region RN Risson (Mackay) Northern Region R Mack (Townsville) Far Northern Region RD Spencer (Cairns) The co-ordinating magistrates are: Beenleigh T Morgan Toowoomba B Schemioneck Caboolture J Batts Richlands MR McLaughlin Brisbane AC Thacker Mackay RN Risson

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Court Governance Advisory Committee Members: Deputy Chief Magistrate O Rinaudo; State Coroner M Barnes; Magistrates: A Chilcott; L O’Shea; R Spencer. The Court Governance Advisory Committee is established under the Magistrates Act

1991. It supports the Chief Magistrate by providing advice on transfer decisions and the general administration of the Magistrates Courts. The advisory committee has two permanent members (the Deputy Chief Magistrate and the State Coroner) and three temporary members, one of whom must be a magistrate who constitutes a Magistrates Court at a place outside of the South-East Queensland Magistrates Courts districts.

Magistrates internal committees as at 30 June 2013

The Magistrates Internal Committees provide vital support to magistrates across Queensland and advise the Chief Magistrate in fulfilling his responsibility of ensuring the orderly and expeditious running of the Magistrates Courts. The Chief Magistrate and Deputy Chief Magistrate are members of all the committees. The Principal Legal Officer provides the secretariat and research support to the committees. Terms and Conditions Committee Committee Chair: Chief Magistrate B Butler This committee monitors developments in terms and conditions of appointment of magistrates. Information Technology Committee Committee Chair: Deputy Chief Magistrate O Rinaudo The Information Technology Committee is an active sponsor of continuous improvements to court information and communication technology systems and training for magistrates. Judicial Professional Development Committee Committee Chair: Magistrate L O’Shea Orientation programs for newly-appointed magistrates and ongoing professional development opportunities for magistrates, acting magistrates and judicial registrars are vitally important for the quality and consistency of Magistrates Court justice services across Queensland.

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The committee’s responsibilities include:

• planning the annual state conference, a regional workshop for magistrates, and professional development opportunities for acting magistrates

• maintaining and updating the Magistrates Bench book

• developing an orientation program for newly-appointed magistrates

• identifying professional development needs across the magistracy

• identifying and co-ordinating professional development opportunities. Annual State Conference planning subcommittee Committee Chair: Deputy Chief Magistrate O Rinaudo Regional Conference planning subcommittee Committee Chair: Magistrate C Callaghan Indigenous Issues Committee Committee Chair: Chief Magistrate B Butler This committee makes recommendations to the Chief Magistrate on issues relating to indigenous persons within the criminal justice system and in the Magistrates Courts. Forms Committee Committee Chair: Magistrate K Magee This committee is one of the most active. The Magistrates Courts deals with over 300 pieces of legislation, which are frequently the subject of amendment. The committee advises on the drafting of forms for the use of magistrates when making orders and in addition conducts an annual review of those Magistrates Courts bench forms. Criminal Law Committee Committee Chair: Magistrate M McLaughlin This committee plays a vital role supporting the magistracy in meeting the challenges of implementing criminal law reforms and identifying criminal law issues for professional development of magistrates. Domestic and Family Violence Committee Committee Chair: Magistrate A Hennessy This committee plays an important role supporting multi-agency responses to domestic and family violence issues. The Domestic and Family Violence Protection

Act has been redrafted and the members of this committee were actively involved in consultation.

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Ethics Committee Committee Chair: Deputy Chief Magistrate O Rinaudo This committee contributes to policy and professional development guiding magistrates as to the ethical standards required of them in the conduct of their office. Youth Justice and Childrens Law Issues Committee Committee Chair: Magistrate L O’Shea This committee looks into issues that affect the Childrens Court jurisdiction of the Magistrates Courts. Civil Law Committee Committee Chair: Magistrate B Springer This committee looks at issues in relation to the civil jurisdiction of the Magistrates Courts; advising the Chief Magistrate about the drafting of Practice Directions and liaising with the Rules Committee to make recommendations for changes to the Uniform Civil Procedure Rules 1999.

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Magistrates professional development State conference The State Magistrates Conference held on 31 July 2012 to 2 August 2012 at the Brisbane Magistrates Court Building and Law Society House was attended by all magistrates from across the state. The keynote address by the Honourable Paul de Jersey, Chief Justice of Queensland was well received. A number of presentations covering court craft, identifying capacity issues in defendants, the new Domestic and

Family Violence Protection Act 2012, sentencing and technology provided information for the magistrates to assist them with carrying out their roles. Regional conferences Three regional conferences were held this year:

• The Brisbane and South West Regional Conference was held in the Brisbane Magistrates Court Building on 14 and 15 March 2013.

• The Far North and Northern Regional Conference was held in Townsville on 28 February and 1 March 2013.

• The North Coast and South Coast Regional Conference was held in the Brisbane Magistrates Court Building on 21 and 22 March 2013.

The regional conferences allow magistrates from the area to explore issues that are of concern to the particular region. Topics covered included updates on ethics, recusals, criminal law, admissibility of evidence, child protection, domestic and family violence protection, the Queensland Civil and Administrative Tribunal as well as information on civil law and sentencing. Attendance of a magistrate at both the State conference and a Regional conference meets the National Standard for Judicial Professional Development requirement that judicial officers participate in at least five days of professional development a year. Other professional development Each year the magistrates who are newly appointed are funded to attend a specialist national program, and a judgment writing workshop is held for those magistrates that wish to attend: National Judicial College of Australia Phoenix Magistrates Program 27-31 August 2012 Magistrates: M. Bucknall, K. Priestly, D. Vasta Judgment Writing Workshop 30-31 August 2012 Magistrates: A. Comans, B. Cosgrove, R. Madsen, K, Priestly, C. Wadley; Acting Magistrates: R. Lehmann, S. Luxton, R. Stark, M. Bice

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Court Performance The Magistrates Courts are the courts of summary jurisdiction for the state of Queensland. They are established in law by the Justices Act 1886 and the Magistrates

Courts Act 1921. Essentially the Justices Act 1886 provides for the Magistrates Courts in the conduct of criminal proceedings and the Magistrates Courts Act 1921 provides for the Magistrates Courts in the conduct of civil proceedings. Of all the courts in Queensland it is the Magistrates Courts that most people will have contact with; over 90 per cent of all matters that go before a court in Queensland do so before a Magistrates Court. In addition to the founding Justices Act 1886 and Magistrates Courts Act 1921, there are a number of other pieces of legislation which establish a variety of jurisdictions within the Magistrates Courts. Each of these Acts essentially limits the court to dealing with a particular kind of matter within a specialist court that uses a modified set of rules. Examples are the Childrens Court Act 1992 which establishes the Childrens Court jurisdiction and the Industrial Relations Act 1999 which establishes the Industrial Magistrates jurisdiction. In these various jurisdictions, the Magistrates Courts are required to deal with an extensive number of different types of offences, claims, applications and appeals incorporated in over 300 different pieces of legislation from Federal, State and local governments.

Criminal jurisdiction The work of the Magistrates Courts is generally understood to be broadly divided into two types of proceedings: criminal and civil. Matters are considered criminal if they are a proceeding for the prosecution of an offence. While the criminal jurisdiction obviously includes offences against the Criminal Code, other offences which are often not considered criminal also fall under this wide jurisdictional heading, including minor offences such as those contained in the Summary Offences Act 2005, traffic offences, and quasi-criminal offences. Quasi-criminal offences describe those regulatory offences prosecuted by Public Officers and include breaches of areas of law controlled by government agencies at the local, state and federal levels (eg. building codes, environment protection laws and taxation). Approximately 96 per cent of all criminal matters in Queensland are dealt with by the Magistrates Courts. The overwhelming majority of the work of the Magistrates Courts involves criminal matters, and these matters are dealt with in the Magistrates Courts as constituted under the Justices Act 1886.

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The Magistrates Courts hear and determine all Local, State and Commonwealth summary offences. They also hear and determine a wide range of indictable offences. If the court does not have the jurisdiction to deal with an indictable offence it conducts a committal hearing. This is to determine if there is sufficient evidence to commit the defendant to the District Court or Supreme Court so that the matter can be finalised there. So while the Magistrates Courts finalise the vast majority of offences dealt with in the criminal justice system, they also deal initially with the more serious criminal matters that are finalised in the Supreme and District Courts of Queensland. Appendix 1 contains a table showing the statistics for lodgements in the Criminal jurisdiction by defendant.

Total Criminal The total number of defendants dealt with by magistrates sitting as Magistrates Courts or the Childrens Court in the reporting year is 199,674. This is an increase in the number of defendants dealt with over last year of 4,216 (+2.15 per cent). The total number of criminal charges dealt with by magistrates in the year of reporting is 364,677. This is an increase from last year of 13,705 (+3.90 per cent). These total figures include both adult and juvenile defendants.

Magistrates Court (Adult Criminal) In relation to adult defendants 188,524 adults were dealt with on 336,726 charges. This is an increase in the number of adult defendants from last year of 4,807 (+2.61 per cent) and an increase in the number of charges from last year of 14,760 (+4.58 per cent).

Defendants in Criminal

Proceedings (Adult)

160000

170000180000

190000200000

210000

06-07 07-08 08-09 09-10 10-11 11-12 12-13

Financial year

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Charges in Criminal

Proceedings (Adult)

280000

300000

320000

340000

360000

06-07 07-08 08-09 09-10 10-11 11-12 12-13

Financial year

Childrens Court (Criminal Jurisdiction) The Childrens Court of Queensland is established under the Childrens Court Act 1992 and provides for the appointment of a Childrens Court Magistrate. Magistrate O’Shea is the Childrens Court Magistrate and sits at the Brisbane Childrens Court. The Act provides that any magistrate may constitute a Childrens Court when required. Its criminal jurisdiction is exercised under the Youth Justices Act 1992 and it provides comprehensive law for dealing with young people who are charged with offences, including the diversion of young people from the criminal justice system by such methods as police issuing cautions or courts ordering Youth Justice Conferencing. 11,150 young people appeared before Magistrates sitting as the Childrens Court during 2012-13 on a total of 27,951 charges. This is a decrease from last year of 591 young people (-5.03 per cent) and 1,055 charges (-3.63 per cent). Magistrates deal with virtually all Childrens Court criminal matters, either finalising them or conducting a committal hearing before referring them to the District Court, Supreme Court or Childrens Court of Queensland Judge to be finalised there. Magistrates sitting as the Childrens Court finalise over 93 per cent of all Childrens Court criminal matters. Youth Justice Conferencing is a form of court diversion where the young person and their victim are brought together to discuss the offence and its impact on the victim and the community and how the young person can address the harm caused. The majority of these conferences are successful and result in all parties, including the victim, being satisfied with the outcome of the proceeding. Further information about the operations of the Childrens Court can be obtained from the Childrens Court of Queensland Annual Report.

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Appendix 1 contains a table including statistics for criminal lodgements of the Childrens Court (Magistrates). For an explanation of the statistical method used in this report see the explanatory notes to the Appendices.

Defendants in Criminal

Proceedings (Youth)

9000

10000

11000

12000

06-07 07-08 08-09 09-10 10-11 11-12 12-13

Financial year

Charges in Criminal

Proceedings (Youth)

20000

22000

24000

26000

28000

30000

06-07 07-08 08-09 09-10 10-11 11-12 12-13

Financial year

Commonwealth The Judiciary Act 1903 (Commonwealth) provides that state courts have jurisdiction in relation to people who are charged with offences against the laws of the Commonwealth. While these proceedings are conducted according to state laws the sentencing is provided for by the Crimes Act 1914 (Commonwealth). The main areas dealt with by the court under Commonwealth legislation relate to taxation, social security, customs and immigration. The number of defendants before the Court on Commonwealth matters was 2,349, which is almost the same as last year with only an increase of 1 (+0.04 per cent). The

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number of charges for Commonwealth offences dealt with by the Magistrates Courts during 2012–13 was 9,950, which is an increase from last year of 2,237 (+29.00 per cent).

Industrial The Industrial Relations Act 1999 authorises every magistrate in Queensland to sit as an Industrial Magistrate. The matters Industrial Magistrates hear are wage claims and prosecutions that relate to workplace health and safety and electrical safety. Under the Workplace Health and Safety Act 1995 the court dealt with 65 defendants who were charged with a total of 69 charges. That is a reduction of 24 defendants (-26.96 per cent) and a decrease of 31 charges (-31.00 per cent) from last year. Under the Electrical Safety Act 2002 the court dealt with 10 defendants who were charged with a total of 15 charges. That is a decrease of 5 defendants (-33.33 per cent) and a decrease of 10 charges (-40.00 per cent) from last year.

Courts Innovation Program The Courts Innovation Program (CIP) responds to the needs of people from marginalised and disadvantaged backgrounds, especially those with multiple and complex needs, who interact with the justice system. Programs relate to both bail and sentencing options that provide opportunities for behavioural change and treatment of the influences of offending. In terms of program delivery, CIP has two specific program areas – Indigenous Justice Programs and Diversion & Referral Services. The programs seek to address the underlying causes of offending through the implementation of court support models that link into health and social service systems.

Indigenous Justice Programs

Community Justice Groups The Community Justice Group Program (the CJG Program) provides essential support and services to Aboriginal and Torres Strait Islander people within the criminal justice system. The Department of Justice and Attorney-General (DJAG) provides funding to Aboriginal and Torres Strait Islander organisations to develop strategies within their communities for dealing with justice-related issues, and to decrease Aboriginal and Torres Strait Islander peoples’ contact with the criminal justice system. CJGs are estimated to support over 5,000 Indigenous offenders and 3,000 victims of crime in communities throughout Queensland each year. CJGs develop strong working relationships with many non-government agencies to which they refer both victims and offenders to gain the support and assistance needed. These agencies

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include Aboriginal and Torres Strait Islander health organisations; rehabilitation centres; Relationships Australia; the Salvation Army; Centacare; employment agencies; sexual assault services; youth support groups; and men’s and women’s groups. Murri Courts The first Queensland Murri Court was established in Brisbane in 2002, and in its operating period there were 17 Murri Courts throughout Queensland. The Murri Court Program addressed Indigenous over-representation by providing culturally appropriate sentencing processes. Offenders pleaded guilty in the Magistrates Court to obtain access to the Murri Court. Elders and Respected Persons provided magistrates with cultural and practical advice regarding appropriate bail and sentencing options. Offenders and victims were also provided with support and guidance during the court process. Initiatives such as “Yarning Circles” allowed direct support and mentoring from Elders and Respected Persons. Innovative bail programs assisted with rehabilitation and provided interventions that developed future life skills that sought to reduce reoffending. In the reporting period, 1 July 2012 to 31 December 2012, prior to the cessation of the Murri Courts on 31 December 2012, 63 offenders were referred to the Murri Court. Of the 63 referred, 50 have graduated and received a final sentence, whilst 27 defendants were remitted to the Magistrates Court as they were assessed as not suitable for Murri Court. Indigenous Sentencing Lists The Indigenous Sentencing List (the ISL) assists Aboriginal and Torres Strait Islander peoples who have committed an offence and with consent, agree to participate with service providers and support agencies to address the underlying cause of their criminality. Following the cessation of Murri Court funding in December 2012 ISLs were established in a number of locations after consultation with, and support of, Elders, Community Justice Group members, the Aboriginal and Torres Strait Island Legal Service (ATSILS), the Queensland Police Service (QPS) and other partner agencies. This list provides an avenue for defendants who are granted bail in certain mainstream Magistrates Courts to engage in various programs to address their offending behaviour. The aim of the ISL is to give opportunities for families, community justice groups (CJGs) and Elders to participate in the sentencing process. Ultimately, a magistrate will determine the sentence outcome. The CJG Program has a role in supporting the ISL by engaging with groups such as ATSILS about bail applications and bail programs, as well as other government or non-government service providers, who can provide referrals to culturally appropriate programs that may assist the defendants to address the underlying causes of their offending behaviour. The CJGs provide support and encouragement to defendants through the referral process within the local community.

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Elders and Respected persons play a pivotal role in the ISL. The services provided by the Elders and Respected persons is voluntary. They provide cultural insight to the magistrate and stakeholders by advising on cultural practices, customs and behaviours. Elders and Respected persons are required in the course of their advisory role to

• advise on the content of pre-sentence reports (sometimes known as ‘cultural reports’);

• make recommendations to the magistrate during bail applications and on sentencing; and

• facilitate and coordinate men’s and women’s yarning circles, and any other programs conducted by various CJGs.

There are many government and non-government agencies that support the ISL including

• ATSILS;

• Other non-government agencies and rehabilitation centres;

• Queensland Police Service;

• Queensland Corrective Services (Probation and Parole); and

• Youth Justice Services (a division of the Department of Justice and Attorney-General).

Remote Justice of the Peace Program (JP Courts) The Remote Justices of the Peace (Magistrates Court) Program was initiated by the Queensland Government in 1993 as a component of its response to the recommendations of the Royal Commission into Aboriginal Deaths in Custody 1991. The Program offers Aboriginal and Torres Strait Islander community members, Elders and Respected persons opportunities to play positive roles within the criminal justice system. Since the program commenced there have been approximately 200 Justices of the Peace (Magistrates Court) that have been trained and sworn in, enabling them to constitute Magistrates Courts in discrete and prescribed Aboriginal and Torres Strait Islander communities throughout Queensland. Currently, Cherbourg, Kowanyama, Lockhart River, Aurukun, Bamaga and Pormpuraaw have active Remote Justices of the Peace (Magistrates Court).

Honouring the Elders

During 2012–13 we have been saddened by the passing of Aunty Beryl Gambrill, Aunty Clarissa Malone (Barambah Local Justice Group, Cherbourg), Uncle Frank Brown (Buranga Widjung Justice Group, Caboolture) and Aunty Lynette Ghilotti (nee Booth) of Woorabinda Community Justice Group.

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Elders have been a cornerstone of their Community Justice Groups. They provided valuable services to the people of Queensland, their tireless support and commitment to Indigenous youths, adults and other members of their communities is widely recognised, including their influential contribution to the existence and success of Murri Courts and the current operation of Indigenous Sentencing Lists. Indigenous communities across Queensland have recognised and identified with the Elders especially for their spiritual strength, wisdom, knowledge and cultural significance. Their passion is highly admired and respected by magistrates and court staff.

Diversion & Referral Services A set of multidisciplinary court referral programs is offered by the Department of Justice and Attorney-General (DJAG) providing a coordinated response with other agencies, including the Department of Health and Department of Communities, as well as an extensive range of non-government service providers, to ensure referral pathways are provided for defendants with certain identified needs. Drug Court The Drug Court program commenced in June 2000 and was legislatively governed by the Drug Court Act 2000 operating out of the Beenleigh, Southport, Ipswich, Cairns and Townsville Magistrates Courts. The Drug Court was a post sentence program that aimed at rehabilitating the more serious drug related offenders. Suspended imprisonment provided the ability for offenders to participate in an Intensive Drug Rehabilitation program that offered intensive case management, supervision and compulsory drug treatment for periods of 12 to 18 months. A balance of sanctions and rewards was used to strengthen the resolve of participants to maintain a drug free lifestyle and overcome their habitual drug dependence. An intensive regime that involved drug treatment, case management, supervision and urine testing was utilised, with access to a range of rehabilitative programs such as anger management, relapse prevention and life skills. Successful completion generally resulted in a non-custodial sentence or a reduced period of imprisonment. In May 2013, Parliament passed legislation that ended the Drug Court Program at 30 June, 2013. At program end all active participants were exited from the program, however there were still 53 offenders across the program that had absconded from the program and were subject to warrant. Offenders subject to warrant once apprehended are to be brought before a Magistrates Court to receive their final sentence.

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Special Circumstances Court Diversion Program The Special Circumstances Court Diversion Program (SCCD Program) evolved from the Homeless Persons Court Diversion Program commencing in May 2006 in the Brisbane Magistrates Court. The program engaged adult offenders who pleaded guilty or intended to plead guilty to a summary offence and met the eligibility criteria. Eligibility criteria included impaired decision making capacity as a result of mental illness, intellectual disability, cognitive impairment, brain or neurological disorders or if the defendant was homeless. The SCCD Program provided bail and sentencing options that linked defendants to support services to deal with the causes of their offending behaviour. It responded to an increasing concern among criminal justice agencies about the over-representation in the criminal justice system of people with complex needs such as mental illness, intellectual disability, cognitive impairment and homelessness. In the reporting year 2012-13, 32 people were referred to the diversion program for assessment, of which 29 referrals were assessed as eligible. In that time 20 people completed the program. Internal funding supported the continuation of the program up until the expiry of pilot funding on 31 December 2012. Queensland Courts Referral

Queensland Courts Referral (QCR) is a bail-based process which enables defendants to engage with non-government organisations (NGOs) and government agencies to address the causes of offending behaviour by assisting defendants with drug and/or alcohol dependency, mental illness, intellectual disability, cognitive impairment, and homeless people or those at risk of homelessness who come into contact with the criminal justice system. Queensland Courts Referral aims to

• provide short term assistance to defendants appearing on charges who have a health and/or social problem through referral to treatment or community support services; and

• reduce the likelihood of long term re-offending.

Offenders are linked to the QCR Case Assessment Group (CAG) where their needs are assessed and appropriate support identified for them to engage with outside of the court process. QCR commenced in the Roma Street Arrest Courts of the Brisbane Magistrates Court on 15 April 2013. Since commencement, 51 offenders were assessed as eligible, of which 36 had been referred. As at 30 June 2013, 14 received a sentence.

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Management is consulting with stakeholders from the Southport and Beenleigh areas to engage in and provide a similar service to operate out of the Southport and Beenleigh Magistrates Courts. There is also consideration to expand the service into Ipswich, Mt. Isa, Townsville and Cairns. Consultation with stakeholders in these regions will commence during the second half of 2013.

Court Diversion Program The Court Diversion Program is a specialised program aimed at diverting minor drug offenders from the criminal justice system. Offenders who plead guilty to eligible drug charges in a Magistrates Court or a Childrens Court (Magistrates Court) can, as a condition of a good behaviour bond, be referred by the magistrate to an information and education session as part of their order rather than having a fine or probation order imposed upon them.

Queensland Magistrates Early Referral Into Treatment Program The Queensland Magistrates Early Referral Into Treatment Program (QMERIT) program is a bail-based diversion program for defendants with illicit drug use problems. Currently the QMERIT program operates in the Maroochydore and Redcliffe Magistrates Courts. QMERIT engages defendants charged with an offence relating to illicit drug use with drug rehabilitation services through bail conditions. The aim of these services is to change defendants’ offending behaviour. QMERIT aims to give defendants the skills and confidence needed to improve their health and wellbeing and significantly reduce offending behaviour. During the 2012–13 financial year, 234 offenders were referred by the Magistrates Court to QMERIT for initial assessment. Of the 234 referrals, 171 offenders undertook the early referral into treatment program, and from this intake, 69 offenders have graduated and received a final sentence.

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Civil jurisdiction The work of the Magistrates Courts is generally understood to be broadly divided into two types of proceedings: civil and criminal. Essentially all proceedings that are not for the prosecution of an offence are considered civil. The term civil is derived from the area of civil litigation, but there are many other kinds of matters in the civil jurisdiction including applications for domestic violence protection orders and child protection applications.

Civil claims The Magistrates Courts, as established by the Magistrates Courts Act 1921, are able to determine civil claims up to a value of $150,000. The number of claims dealt with by the Magistrates Courts during the reporting year was 30,354, an increase of 578 from last year (+1.94 per cent). Appendix 2 contains a table showing the statistics for lodgements in the civil claims jurisdiction by the number of cases.

Claim Lodgements

28000

28500

29000

29500

30000

30500

31000

06-07 07-08 08-09 09-10 10-11 11-12 12-13

Financial year

Queensland Civil and Administrative Tribunal

The Queensland Civil and Administrative Tribunal (QCAT) is a separate entity apart from the Magistrates Courts and produces its own annual report. QCAT deals with many kinds of proceedings however its largest jurisdiction is minor civil disputes. In South-East Queensland Minor civil disputes are heard by specialised QCAT adjudicators. In the rest of the state, minor civil disputes are heard by magistrates sitting as ordinary members of QCAT.

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During the reporting year 25, 649 minor civil disputes were lodged with QCAT. Out of that total magistrates dealt with 36 per cent. Domestic and family violence The purpose of the Domestic and Family Violence Protection Act 1989 is to provide for safety and protection for people from further violence occurring in domestic relationships through the making of protection orders. The Act covers physical, emotional and financial violence committed in spousal, intimate personal, family and informal care relationships. This is a demanding area for the courts as the parties are often unrepresented and unfamiliar with court proceedings, and additionally may be distraught, emotional, anxious and in fear for their personal safety. The importance of protection orders is well recognised - they not only provide for the safety and security of the aggrieved person (the person seeking protection) but also provide an element of stability which helps them to carry on with their lives. The police may assist an aggrieved person in their application to the court by appearing for them, which is a great help in expediting the matter through the court and helping the aggrieved persons obtaining appropriate protection. The police also have a responsibility to make applications for protection orders should they witness domestic violence occurring. These applications are made by the police and pursued by them in the court until the making of a protection order. Usually this happens with the support of the aggrieved, but even where the aggrieved person opposes the making of an order, the police are obliged to continue with the application to obtain an order. In many centres domestic violence support services are available and they are of great benefit to the aggrieved people that come to court. They assist in explaining the process to obtain, and the value of, protection orders, as well as make the attendance at court less stressful. They also provide information about, and referrals to, other support services. During 2012–13 there were 23,794 applications for protection orders lodged in Queensland which is an increase from the year before of 1,767 (+8.02 per cent). Appendix 3 contains a table showing the statistics for lodgements in the domestic and family violence jurisdiction by the number of cases.

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Domestic Violence

Application Lodgements

18000

20000

22000

24000

06-07 07-08 08-09 09-10 10-11 11-12 12-13

Financial year

Childrens Court (Civil Jurisdiction) The Childrens Court is established under the Childrens Court Act 1992 and exercises its civil jurisdiction mainly under the Child Protection Act 1989, but also under other legislation such as the Child Protection (Offender Prohibition Order) Act 2008 and the Adoption Act 2009. Child protection applications are heard by magistrates sitting as the Childrens Court, and additionally, urgent temporary applications may be made after hours by telephone or fax. Many of the child protection applications are contested, but a large portion are resolved in court ordered conferences. During the reporting year 3,951 child protection applications were lodged, an increase from last year of 175 (+4.63 per cent). Further information about the operations of the Childrens Court can be obtained from the Childrens Court of Queensland Annual Report. Appendix 4 contains a table showing the statistics for lodgements in the Child Protection jurisdiction by the number of cases. For an explanation of the statistical method used in this report see the explanatory notes to the Appendices.

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Child Protection Application Lodgements

3000

3500

4000

4500

06-07 07-08 08-09 09-10 10-11 11-12 12-13

Financial year

Industrial The Industrial Relations Act 1999 authorises every magistrate in Queensland to sit as an Industrial Magistrate. Before 1 November 2010 Industrial Magistrates received appeals against decisions of QCOMP. The Civil and Criminal Jurisdiction Reform and Modernisation Amendment

Act 2010 removed the ability for Industrial Magistrates to receive these appeals leaving the jurisdiction solely in the hands of the Industrial Commission. Consequently the number of these appeals remaining in the Magistrates Courts is diminishing. The number of appeals against decisions of QCOMP dealt with by the court for the year of reporting was 13, which is a decrease from last year of 22 (-62.85 per cent).

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Coronial Jurisdiction The State Coroner is responsible for overseeing and coordinating an efficient coronial system which is administered by the Office of the State Coroner. All coroners are also magistrates. The Coroners Act 2003 requires particular kinds of deaths to be reported to a coroner for investigation. The coroner investigates with a view to making findings about the identity of the deceased person, when, where and how they died and the medical cause of death. In many cases coroners are able to make findings without convening an inquest. In the year of reporting on 13 August 2012 an additional magistrate was appointed as a full time coroner to the new position of Central Coroner. Queensland now has seven full time coroners located in Cairns, Mackay, Brisbane and Southport and a coronial registrar in Brisbane. All reportable deaths are reported to one of the seven coroners or the registrar. During 2012–13 the number of deaths reported to coroners across Queensland was 4,762, which is an increase over last year of 301 (+6.74 per cent). Coroners finalised 66 investigations by inquest during the reporting year. Further information in relation to the coronial system may be found in the Office of the State Coroner Annual Report.

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Departmental Support The Chief Magistrate and the Magistrates Courts receive administrative support from the Magistrates Courts Service and Reform and Support Services divisions of the Department of Justice and Attorney-General.

Magistrates Courts Service The Magistrates Courts Service has primary responsibility for strategic direction and operational management of Magistrates Courts across Queensland. The Service comprises all Magistrates Courts registries, the Directorate, the Office of the State Coroner, the Courts Innovation Program and Judicial Support Unit. The Service is led by Paul Marschke, the Executive Director and Principal Registrar of the Magistrates Courts. The role reports to the Deputy Director-General and works closely with the Chief Magistrate, Deputy Chief Magistrate, Coordinating Magistrates, other magistrates across the state and the Regional Directors who oversee Regional Operations. Regional operations There are four Regional Directors based in Townsville, Rockhampton, Caloundra, and Brisbane. The regions comprise:

North Queensland Sunshine Coast and Western Queensland Central Queensland South Queensland

Each Regional Director is responsible for leading and managing the delivery of justice services in each region including the Supreme, District, and Magistrate Courts registries. Registries Magistrates Courts can be held at 118 locations throughout Queensland. Currently 80 of those locations are permanently staffed registries with 23 of these registries also being Queensland Government Agency Program (QGAP) offices. The Magistrates Courts deal with hundreds of thousands of matters (charges, applications and claims) each year and this is managed through the hard work, commitment and professionalism of approximately 619 registry, administration and judicial support staff.

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Office of the Chief Magistrate As at June 2013, the Office of the Chief Magistrate consisted of nine permanent staff: Manager Narelle Kendall Courts Coordinator Nicola Azgin Courts Policy and Protocols Officer Ray Ward Executive Support Officer to the Chief Magistrate Debra Iselin Executive Support Officer to the Deputy Chief Magistrate Rachel Monaghan Administrative Officer – Cairns Dianne Long Administrative Officer – Townsville Deslei Lewis Administrative Officer – Southport Audrey Watson Principal Legal Officer Maryanne May The Office of the Chief Magistrate provides administrative support to magistrates, acting magistrates and judicial registrars in Queensland. The Office is situated in Brisbane, with staff also located in Cairns, Townsville and Southport. The Office provides support to the Chief Magistrate, and Regional Coordinating Magistrates in relation to issues pertinent to the regions, including the organisation of sittings for circuit courts, leave requirements, travel arrangements, accommodation bookings and the organisation of the magistrate’s conferences. The Office is responsible for the publication of the Chief Magistrate’s Notes and Practice Directions and rosters concerning magistrates. The staff also support the Chief Magistrate in discharging ceremonial functions such as the swearing-in of newly appointed magistrates and valedictory ceremonies for retiring magistrates. The Principal Legal Officer is located in Brisbane and has a role distinct from the other members of the Office. The Principal Legal Officer’s primary focus is to support the Chief Magistrate and Deputy Chief Magistrate by providing legal policy advice in respect of proposed legislative amendments and their impacts on the Magistrates Court jurisdiction. The Principal Legal Officer also supports the Chief Magistrate and Magistrates more generally by providing secretariat, legal and research support to the governance committees. She represents the Chief Magistrate on a variety of internal and cross-agency working groups and committees.

Reform and Support Services The Reform and Support Services (RSS) branch of the Queensland Courts Service provides administrative and technical assistance to court staff. It comprises of the following units:

• Information and Technology Branch (I&CT)

• Programs, Policy and Development Branch

• Reporting, Finance & Community Engagement

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Supreme Court Library As the primary legal information provider for the Queensland judiciary and legal

profession, the Library’s services include reference, research and document delivery,

as well as specialised current awareness services, judgment bulletins and indices that

offer ready access to the latest developments in Queensland law.

In 2012-13, the Library responded to a total of 155 reference enquiries and supplied

530 documents to Magistrates across Queensland. Of these requests, 102 enquiries

were from Brisbane-based Magistrates, with a further 53 requests made by

Magistrates based in regional Queensland.

The Library provides a range of current awareness services to members of the

Magistrates Court, including the Magistrates Legislation Bulletin, a specialised

updater tool designed for Magistrates across Queensland. Eight issues were published

in 2012-13. Other services include the Judicial Current Awareness service, a daily

news and current awareness newsletter tailored for the Queensland judiciary, as well

as the Queensland Legal Updater, a free weekly email bulletin designed to provide

legal professionals with up-to-date resources relevant to practice.

The Library maintains print collections in courthouses across the state, which are

supplemented by an ever-expanding collection of online resources available to

Magistrates via the Judicial Virtual Library (JVL) and members of the legal

professional through the Library’s main website at www.sclqld.org.au. The Library

also continues to service the Magistrates Court Library and chamber collections by

providing regular and ongoing maintenance of print subscription services and

processing new acquisitions.

In late 2012, the Library once again led the negotiations for subscription renewals on

behalf of the Courts and secured concessions and savings on online content for the

benefit of its users.

The end of August 2013 marks the end of a defining chapter for the Supreme Court

Library. Having seen the Library settled into its new premises, the Supreme Court

Librarian, Mr Aladin Rahemtula OAM, will retire after 30 years of dedicated service.

He has made an inspiring, remarkable and lasting contribution to the library and his

enterprising and astute guidance will be greatly missed.

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Complaints Policy The Magistrates Courts of Queensland have adopted a policy under which complaints about judicial conduct can be directed to the Chief Magistrate. Complaints can be made about magistrates (including acting magistrates) and judicial registrars in respect to their conduct as judicial officers or about delay in delivery of reserved judgments. Complaints about the result of a case or about a decision of a magistrate or judicial registrar that could be dealt with on appeal do not fall within the scope of the policy. The full policy document may be accessed on the Queensland Courts website or at: http://www.courts.qld.gov.au/__data/assets/pdf_file/0018/105813/mc-complaints-policy.pdf How can a complaint be made? You can make a complaint by:

• Emailing to [email protected]( mailto:[email protected] )

• Writing to the Chief Magistrate at the address shown below:

The Chief Magistrate GPO Box 1649 BRISBANE QLD 4001

You will need to include the following information with your complaint:

• Your full name

• Postal address

• Contact telephone number

• Case name and file number (if applicable)

• Details of the relevant events

• Any evidence you have that supports your complaint

• Whether you have reported your complaint to anyone else

• What action you would like to see as a result of your complaint. Acknowledgment of a complaint The Court will generally acknowledge receipt of a complaint within 7 working days. The Chief Magistrate will provide a considered response within 20 working days of receipt of a complaint. If it is not possible to respond within that time a letter will be sent outlining the reason for the delay.

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Appendices

Explanatory notes

Report on Government Services Counting Rules

The counting system used for the tables of statistics that follow in this report is that of the Report on Government Services (RoGS). Each year the Productivity Commission issues RoGS which compares the activity of courts across the nation. RoGS measures lodgements, as lodgements reflect community demand for court services. The different ways of counting a court’s workload reflect the variety of work undertaken within the courts. These are the counting units for the tables that follow: Criminal lodgements The units of measurement of workload used for criminal jurisdictions are lodgements based on the number of defendants and charges. Civil claim lodgements The units of measurement of workload used for civil jurisdictions are lodgements based on the number of cases. Domestic and family violence protection applications The units of measurement of workload for these applications are lodgements based on the number of cases. Child protection applications The units of measurement of workload used for these applications in Childrens Courts are lodgements based on the number of cases, except where there is more than one child involved in an application, in which case the counting unit is the number of children involved in the originating application. Definitions of key terms and indicators: Defendant The measurement of workload in the criminal jurisdiction. A defendant is “one defendant; with one or more charges; and with all charges having the same date of registration”. This means that a defendant will not be counted more than once on any particular day; however the same defendant will be counted once for each individual day that they have a charge registered against them. Case The measurement of workload in the civil jurisdiction. It is the issues, grievances or complaints that constitute a single and related series of disputes brought by an entity (or group of entities) against another entity (or group). Lodgement The initiation or commencement of a matter before the court. The date of commencement is counted as the date of registration of a court matter. The Report on Government Services can be found at: www.pc.gov.au/gsp/rogs

Childrens Court of Queensland Annual Report Please note that the Childrens Court of Queensland Annual Report uses a different counting system based on the Australian Bureau of Statistics (ABS) counting rules. The difference in the counting rules means the statistics in the two reports cannot be compared. The main difference is the unit counted in the RoGS counting rules is lodgements, which gives a measure of workload, while the unit counted in the ABS counting rules is disposals, which gives a measure of results. The Australian Bureau of Statistics can be found at: www.abs.gov.au

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Appendix 1 – Criminal lodgements

Magistrates Court Childrens Court

Number of Defendants

Number of Charges

Number of Defendants

Number of Charges

Total Charges

% of State Total

% of defendants

that are children

Alpha 29 36 0 0 36 0.01% 0.00%

Atherton 756 1,284 77 202 1,486 0.41% 9.24%

Aurukun 407 675 48 129 804 0.22% 10.55%

Ayr 627 1,027 16 36 1,063 0.29% 2.49%

Badu Island 26 39 1 1 40 0.01% 3.70%

Bamaga 280 482 19 37 519 0.14% 6.35%

Barcaldine 114 182 0 0 182 0.05% 0.00%

Beaudesert 1,193 2,117 28 52 2,169 0.59% 2.29%

Beenleigh 12,441 24,676 738 2,290 26,966 7.39% 5.60%

Biloela 486 833 29 52 885 0.24% 5.63%

Birdsville 5 7 0 0 7 0.00% 0.00%

Blackall 55 79 1 2 81 0.02% 1.79%

Blackwater 290 418 12 24 442 0.12% 3.97%

Boigu Island 9 13 0 0 13 0.00% 0.00%

Boulia 42 66 0 0 66 0.02% 0.00%

Bowen 549 1,064 23 51 1,115 0.31% 4.02%

Brisbane 26,325 51,412 1,332 2,914 54,326 14.90% 4.82%

Bundaberg 3,245 5,421 197 401 5,822 1.60% 5.72%

Burketown 18 45 2 2 47 0.01% 10.00%

Caboolture 5,575 10,592 329 799 11,391 3.12% 5.57%

Cairns 9,102 15,238 880 2,785 18,023 4.94% 8.82%

Caloundra 1,965 3,122 55 114 3,236 0.89% 2.72%

Camooweal 35 59 1 1 60 0.02% 2.78%

Charleville 335 607 17 43 650 0.18% 4.83%

Charters Towers 397 920 16 72 992 0.27% 3.87%

Cherbourg 412 502 2 8 510 0.14% 0.48%

Childers 210 299 4 7 306 0.08% 1.87%

Chinchilla 467 669 10 30 699 0.19% 2.10%

Clermont 92 127 3 11 138 0.04% 3.16%

Cleveland 3,485 6,750 194 464 7,214 1.98% 5.27%

Cloncurry 176 254 22 45 299 0.08% 11.11%

Coen 47 67 1 3 70 0.02% 2.08%

Cooktown 509 825 30 48 873 0.24% 5.57%

Coolangatta 1,650 2,288 1 1 2,289 0.63% 0.06%

Cunnamulla 288 486 37 65 551 0.15% 11.38%

Dajarra 26 50 0 0 50 0.01% 0.00%

Dalby 863 1,844 46 119 1,963 0.54% 5.06%

Darnley Island 18 28 1 1 29 0.01% 5.26%

Dirranbandi 0 0 0 0 0 0.00% 0.00%

Page 41: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

41

Magistrates Court Childrens Court

Number of Defendants

Number of Charges

Number of Defendants

Number of Charges

Total Charges

% of State Total

% of defendants

that are children

Doomadgee 339 553 38 56 609 0.17% 10.08%

Duaringa 52 68 0 0 68 0.02% 0.00%

Emerald 766 1,415 27 77 1,492 0.41% 3.40%

Gatton 1,106 1,889 41 91 1,980 0.54% 3.57%

Gayndah 203 316 20 51 367 0.10% 8.97%

Georgetown 57 93 2 2 95 0.03% 3.39%

Gladstone 3,318 5,092 106 235 5,327 1.46% 3.10%

Goondiwindi 402 896 23 151 1,047 0.29% 5.41%

Gympie 1,929 3,166 69 142 3,308 0.91% 3.45%

Hervey Bay 2,371 3,893 108 213 4,106 1.13% 4.36%

Holland Park 5,070 8,298 146 361 8,659 2.37% 2.80%

Hope Vale 41 78 5 9 87 0.02% 10.87%

Hughenden 91 138 3 4 142 0.04% 3.19%

Ingham 482 755 44 115 870 0.24% 8.37%

Inglewood 84 108 1 1 109 0.03% 1.18%

Innisfail 1,199 2,149 46 106 2,255 0.62% 3.69%

Ipswich 7,745 13,433 706 1,379 14,812 4.06% 8.35%

Julia Creek 33 40 0 0 40 0.01% 0.00%

Kingaroy 597 1,183 158 353 1,536 0.42% 20.93%

Kowanyama 616 790 11 19 809 0.22% 1.75%

Landsborough 0 0 0 0 0 0.00% 0.00%

Lockhart River 140 231 15 22 253 0.07% 9.68%

Longreach 328 606 19 54 660 0.18% 5.48%

Mabuiag Island 5 8 1 1 9 0.00% 16.67%

Mackay 4,065 7,065 142 343 7,408 2.03% 3.38%

Mareeba 1,531 2,499 116 393 2,892 0.79% 7.04%

Maroochydore 4,761 9,706 224 533 10,239 2.81% 4.49%

Maryborough 1,433 2,389 79 171 2,560 0.70% 5.22%

Mer Island 13 17 0 0 17 0.00% 0.00%

Millmerran 56 94 0 0 94 0.03% 0.00%

Mitchell 61 113 0 0 113 0.03% 0.00%

Moa Island 15 26 0 0 26 0.01% 0.00%

Monto 41 62 1 2 64 0.02% 2.38%

Moranbah 355 539 9 14 553 0.15% 2.47%

Mornington Island 749 1,013 23 90 1,103 0.30% 2.98%

Mossman 771 1,188 13 21 1,209 0.33% 1.66%

Mount Garnet 43 79 24 54 133 0.04% 35.82%

Mount Isa 2,070 3,616 152 276 3,892 1.07% 6.84%

Murgon 647 1,038 258 632 1,670 0.46% 28.51%

Nambour 540 795 0 0 795 0.22% 0.00%

Nanango 501 761 3 6 767 0.21% 0.60%

Noosa 1,419 2,368 42 75 2,443 0.67% 2.87%

Page 42: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

42

Magistrates Court Childrens Court

Number of Defendants

Number of Charges

Number of Defendants

Number of Charges

Total Charges

% of State Total

% of defendants

that are children

Normanton 268 440 20 44 484 0.13% 6.94%

Oakey 199 306 4 12 318 0.09% 1.97%

Palm Island 632 1,069 87 180 1,249 0.34% 12.10%

Pine Rivers 4,018 7,601 304 838 8,439 2.31% 7.03%

Pittsworth 54 76 1 1 77 0.02% 1.82%

Pomona 0 0 0 0 0 0.00% 0.00%

Pormpuraaw 198 318 5 11 329 0.09% 2.46%

Proserpine 1,002 1,778 9 19 1,797 0.49% 0.89%

Quilpie 23 48 0 0 48 0.01% 0.00%

Redcliffe 3,851 6,711 228 618 7,329 2.01% 5.59%

Richlands 5,486 10,879 377 1,092 11,971 3.28% 6.43%

Richmond 36 47 0 0 47 0.01% 0.00%

Rockhampton 5,666 10,397 380 982 11,379 3.12% 6.29%

Roma 688 1,128 20 51 1,179 0.32% 2.82%

Saibai Island 23 33 0 0 33 0.01% 0.00%

Sandgate 1,737 2,692 67 124 2,816 0.77% 3.71%

Sarina 422 688 28 59 747 0.20% 6.22%

Southport 18,865 33,696 627 1,729 35,425 9.71% 3.22%

Springsure 14 22 0 0 22 0.01% 0.00%

St.George 286 456 29 73 529 0.15% 9.21%

Stanthorpe 539 862 33 54 916 0.25% 5.77%

Tambo 20 31 0 0 31 0.01% 0.00%

Taroom 53 78 2 6 84 0.02% 3.64%

Thursday Island 293 542 48 131 673 0.18% 14.08%

Toogoolawah 200 301 7 12 313 0.09% 3.38%

Toowoomba 5,331 9,476 554 1,158 10,634 2.92% 9.41%

Townsville 13,531 22,569 1,079 2,887 25,456 6.98% 7.39%

Tully 497 759 9 22 781 0.21% 1.78%

Warraber Island 10 18 0 0 18 0.00% 0.00%

Warwick 1,095 2,110 71 223 2,333 0.64% 6.09%

Weipa 563 820 61 204 1,024 0.28% 9.78%

Winton 43 64 0 0 64 0.02% 0.00%

Woorabinda 432 590 37 64 654 0.18% 7.89%

Wujal Wujal 158 209 1 2 211 0.06% 0.63%

Wynnum 2,391 4,757 133 292 5,049 1.38% 5.27%

Yam Island 8 9 0 0 9 0.00% 0.00%

Yarrabah 413 566 48 131 697 0.19% 10.41%

Yeppoon 879 1,404 32 67 1,471 0.40% 3.51%

Yorke Island 6 7 2 4 11 0.00% 25.00%

TOTAL 188,524 336,726 11,150 27,951 364,677 100% 5.58%

Page 43: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

43

Appendix 2 – Civil claim lodgements

Location Civil claims

Atherton 97

Ayr 87

Barcaldine 8

Beaudesert 210

Beenleigh 1795

Biloela 16

Blackwater 14

Bowen 69

Brisbane 16055

Bundaberg 98

Caboolture 210

Cairns 411

Caloundra 90

Charleville 4

Charters Towers 22

Childers 2

Chinchilla 12

Clermont 15

Cleveland 867

Cloncurry 10

Cooktown 8

Coolangatta 103

Cunnamulla 9

Dalby 171

Emerald 81

Gatton 632

Gayndah 7

Gladstone 279

Goondiwindi 112

Gympie 75

Hervey Bay 63

Holland Park 276

Hughenden 2

Ingham 15

Innisfail 57

Ipswich 539

Julia Creek 3

Kingaroy 11

Landsborough 19

Longreach 9

Mackay 676

Mareeba 45

Maroochydore 278

Page 44: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

44

Location Civil claims

Maryborough 41

Mitchell 1

Moranbah 24

Mossman 20

Mount Isa 73

Murgon 6

Nambour 72

Nanango 8

Noosa 83

Normanton 1

Oakey 12

Pine Rivers 977

Pittsworth 8

Pomona 13

Proserpine 156

Quilpie 0

Redcliffe 106

Richlands 170

Richmond 1

Rockhampton 434

Roma 22

Sandgate 61

Sarina 12

Southport 2322

St George 80

Stanthorpe 7

Taroom 2

Thursday Island 5

Toogoolawah 4

Toowoomba 230

Townsville 1538

Tully 49

Warwick 32

Weipa 7

Wynnum 104

Yeppoon 111

Totals 30354

Page 45: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

45

Appendix 3 – Domestic and Family Violence Protection Applications

Number of Applications

Number of Orders Made

RoGS

(Originating Applications)

Protection Order

Temporary Protection

Order

Vary Protection

Order

Revoke Protection

Order

Total Orders

Number of Originating Applications Dismissed

% of State Total

(Originating Applications)

Alpha 0 0 0 0 0 0 0 0.00%

Atherton 132 116 26 39 0 181 15 0.55%

Aurukun 47 49 7 4 0 60 1 0.20%

Ayr 130 110 59 13 0 182 25 0.55%

Badu Island 8 9 2 0 0 11 0 0.03%

Bamaga 49 46 33 11 0 90 4 0.21%

Barcaldine 5 3 1 0 0 4 3 0.02%

Beaudesert 185 158 120 17 2 297 25 0.78%

Beenleigh 1,844 1,347 1,415 232 11 3,005 459 7.75%

Biloela 73 55 35 8 0 98 16 0.31%

Birdsville 0 0 0 0 0 0 0 0.00%

Blackall 5 3 3 1 0 7 0 0.02%

Blackwater 49 43 2 8 0 53 4 0.21%

Boigu Island 1 2 0 0 0 2 0 0.00%

Boulia 3 5 1 0 0 6 0 0.01%

Bowen 99 76 60 29 0 165 33 0.42%

Brisbane 1,261 1,029 589 148 1 1,767 273 5.30%

Bundaberg 444 362 229 80 0 671 106 1.87%

Burketown 2 1 2 0 0 3 0 0.01%

Caboolture 933 640 519 144 2 1305 285 3.92%

Cairns 1,065 867 430 173 0 1,470 198 4.48%

Caloundra 328 252 220 49 1 522 75 1.38%

Camooweal 1 0 0 2 0 2 0 0.00%

Charleville 37 29 9 4 0 42 7 0.16%

Charters Towers 54 43 25 10 0 78 10 0.23%

Cherbourg 0 0 0 1 0 1 0 0.00%

Childers 21 13 6 1 0 20 2 0.09%

Chinchilla 27 18 11 4 0 33 8 0.11%

Clermont 7 5 1 0 0 6 1 0.03%

Cleveland 631 540 426 96 1 1063 113 2.65%

Cloncurry 18 19 4 7 0 30 2 0.08%

Coen 15 12 1 2 0 15 0 0.06%

Cooktown 86 78 13 5 0 96 2 0.36%

Coolangatta 264 181 168 35 1 385 98 1.11%

Cunnamulla 39 29 9 1 0 39 6 0.16%

Dajarra 2 5 0 0 0 5 0 0.01%

Dalby 137 96 65 16 0 177 27 0.58%

Darnley Island 3 6 2 0 0 8 1 0.01%

Page 46: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

46

Number of Applications

Number of Orders Made

RoGS

(Originating Applications)

Protection Order

Temporary Protection

Order

Vary Protection

Order

Revoke Protection

Order

Total Orders

Number of Originating Applications Dismissed

% of State Total

(Originating Applications)

Dirranbandi 0 0 0 0 0 0 0 0.00%

Doomadgee 63 81 14 7 0 102 6 0.26%

Duaringa 1 1 0 0 0 1 0 0.00%

Emerald 140 111 35 20 0 166 19 0.59%

Gatton 141 103 72 21 2 198 38 0.59%

Gayndah 20 15 13 3 0 31 3 0.08%

Georgetown 3 6 0 0 0 6 0 0.01%

Gladstone 370 306 155 54 0 515 49 1.56%

Goondiwindi 37 33 18 2 0 53 9 0.16%

Gympie 302 229 168 65 1 463 70 1.27%

Hervey Bay 352 247 150 51 0 448 104 1.48%

Holland Park 697 536 533 96 2 1167 184 2.93%

Hope Vale 1 4 0 0 0 4 0 0.00%

Hughenden 8 7 1 0 0 8 2 0.03%

Ingham 44 39 17 5 0 61 7 0.18%

Inglewood 2 2 0 1 0 3 0 0.01%

Innisfail 192 152 150 52 4 358 35 0.81%

Ipswich 1204 923 555 141 0 1619 237 5.06%

Julia Creek 2 0 2 1 0 3 0 0.01%

Kingaroy 99 74 57 20 0 151 37 0.42%

Kowanyama 100 111 44 5 0 160 4 0.42%

Landsborough 0 0 0 0 0 0 0 0.00%

Lockhart River 23 17 4 2 0 23 1 0.10%

Longreach 23 25 7 7 0 39 2 0.10%

Mabuiag Island 0 1 0 1 0 2 0 0.00%

Mackay 549 454 330 94 0 878 86 2.31%

Mareeba 216 193 39 95 0 327 14 0.91%

Maroochydore 760 624 312 85 2 1023 144 3.19%

Maryborough 264 187 68 30 0 285 71 1.11%

Mer Island 2 3 2 0 0 5 0 0.01%

Millmerran 0 0 0 0 0 0 0 0.00%

Mitchell 9 7 2 0 0 9 0 0.04%

Moa Island 1 6 1 1 0 8 0 0.00%

Monto 2 2 0 1 0 3 0 0.01%

Moranbah 34 36 12 11 0 59 5 0.14%

Mornington Island 60 77 15 6 0 98 4 0.25%

Mossman 99 93 15 14 0 122 9 0.42%

Mount Garnett 1 1 1 1 0 3 0 0.00%

Mount Isa 464 396 171 199 0 766 34 1.95%

Murgon 152 138 39 11 0 188 19 0.64%

Nambour 48 27 23 9 0 59 9 0.20%

Nanango 59 44 26 8 0 78 11 0.25%

Page 47: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

47

Number of Applications

Number of Orders Made

RoGS

(Originating Applications)

Protection Order

Temporary Protection

Order

Vary Protection

Order

Revoke Protection

Order

Total Orders

Number of Originating Applications Dismissed

% of State Total

(Originating Applications)

Noosa 163 115 62 25 1 203 46 0.69%

Normanton 59 62 35 14 0 111 5 0.25%

Oakey 22 15 7 5 0 27 10 0.09%

Palm Island 108 93 45 17 0 155 6 0.45%

Pine Rivers 653 428 334 90 1 853 197 2.74%

Pittsworth 22 18 8 2 0 28 5 0.09%

Pomona 0 0 0 0 0 0 0 0.00%

Pormpuraaw 25 23 4 2 0 29 2 0.11%

Proserpine 162 148 82 26 0 256 27 0.68%

Quilpie 0 0 0 0 0 0 2 0.00%

Redcliffe 628 502 406 171 4 1,083 113 2.64%

Richlands 668 467 307 80 1 855 204 2.81%

Richmond 5 5 2 0 0 7 1 0.02%

Rockhampton 991 868 335 174 0 1377 116 4.16%

Roma 67 61 17 15 0 93 11 0.28%

Saibai Island 2 6 0 1 0 7 0 0.01%

Sandgate 410 340 251 81 1 673 78 1.72%

Sarina 18 11 11 3 0 25 1 0.08%

Southport 2,156 1,587 1,300 252 25 3,164 567 9.06%

Springsure 1 1 1 0 0 2 0 0.00%

St.George 28 26 4 3 0 33 7 0.12%

Stanthorpe 50 40 10 0 1 51 9 0.21%

Tambo 2 2 0 0 0 2 2 0.01%

Taroom 2 4 0 0 0 4 0 0.01%

Thursday Island 92 64 63 16 0 143 11 0.39%

Toogoolawah 12 10 7 5 0 22 3 0.05%

Toowoomba 692 544 338 127 1 1,010 124 2.91%

Townsville 1114 830 690 192 4 1716 276 4.68%

Tully 53 44 55 16 4 119 9 0.22%

Warraber Island 0 2 2 0 0 4 0 0.00%

Warwick 168 119 68 25 1 213 45 0.71%

Weipa 79 72 21 8 0 101 7 0.33%

Winton 8 3 2 1 0 6 9 0.03%

Woorabinda 82 76 16 4 0 96 3 0.34%

Wujal Wujal 9 10 2 0 0 12 0 0.04%

Wynnum 330 249 184 65 2 500 67 1.39%

Yam Island 0 0 0 1 0 1 0 0.00%

Yarrabah 191 187 71 22 1 281 8 0.80%

Yeppoon 170 117 66 21 0 204 38 0.71%

Yorke Island 3 2 3 0 0 5 0 0.01%

Total 23794 18709 12353 3723 77 34,862 5,021 100%

Page 48: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

48

Appendix 4 – Child protection applications

Number of Applications

Number of Orders Made

R.o.G.S. Child

Protection Order

Extend Protection

Order

Interim Order

Revoke Protection

Order

Vary Protection

Order Total

Number of Applications Dismissed / Withdrawn

% of state total

Alpha 0 0 0 0 0 0 0 0 0.00%

Atherton 7 19 0 71 2 0 92 0 0.18%

Aurukun 1 6 2 16 1 0 25 0 0.03%

Ayr 7 10 0 18 0 0 28 0 0.18%

Badu Island 0 0 0 0 0 0 0 0 0.00%

Bamaga 1 0 0 15 3 0 18 0 0.03%

Barcaldine 0 0 0 0 0 0 0 0 0.00%

Beaudesert 29 30 0 138 0 0 168 3 0.73%

Beenleigh 488 501 5 1854 16 6 2382 27 12.35%

Biloela 3 0 0 10 0 0 10 0 0.08%

Birdsville 0 0 0 0 0 0 0 0 0.00%

Blackall 0 0 0 0 0 0 0 0 0.00%

Blackwater 15 7 0 15 0 0 22 0 0.38%

Boigu Island 0 0 0 0 0 0 0 0 0.00%

Boulia 0 0 0 0 0 0 0 0 0.00%

Bowen 9 10 5 8 0 0 23 0 0.23%

Brisbane 420 430 16 1573 7 6 2032 23 10.63%

Bundaberg 26 63 0 83 2 0 148 0 0.66%

Burketown 0 0 0 0 0 0 0 0 0.00%

Caboolture 167 165 7 366 0 6 544 11 4.23%

Cairns 241 262 2 1011 6 9 1290 27 6.10%

Caloundra 37 41 2 43 4 0 90 3 0.94%

Camooweal 0 0 0 0 0 0 0 0 0.00%

Charleville 16 21 0 12 0 5 38 0 0.40%

Charters Towers 5 10 0 67 0 0 77 0 0.13%

Cherbourg 0 0 0 0 0 0 0 0 0.00%

Childers 0 0 0 0 0 0 0 0 0.00%

Chinchilla 0 0 0 4 0 0 4 0 0.00%

Clermont 0 0 0 0 0 0 0 0 0.00%

Cleveland 74 91 7 85 10 4 197 2 1.87%

Cloncurry 14 0 0 13 0 0 13 7 0.35%

Coen 4 1 0 1 0 0 2 7 0.10%

Cooktown 5 11 0 18 0 0 29 1 0.13%

Coolangatta 1 1 0 0 0 0 1 0 0.03%

Cunnamulla 32 27 0 28 0 0 55 1 0.81%

Dajarra 0 0 0 0 0 0 0 0 0.00%

Dalby 21 33 1 81 0 0 115 0 0.53%

Darnley Island 0 0 0 0 0 0 0 0 0.00%

Dirranbandi 0 0 0 0 0 0 0 0 0.00%

Page 49: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

49

Number of Applications

Number of Orders Made

R.o.G.S. Child

Protection Order

Extend Protection

Order

Interim Order

Revoke Protection

Order

Vary Protection

Order Total

Number of Applications Dismissed / Withdrawn

% of state total

Doomadgee 11 7 0 35 0 0 42 0 0.28%

Duaringa 0 0 0 0 0 0 0 0 0.00%

Emerald 28 27 1 42 0 0 70 1 0.71%

Gatton 0 0 0 0 0 0 0 0 0.00%

Gayndah 0 0 0 0 0 0 0 0 0.00%

Georgetown 0 0 0 0 0 0 0 0 0.00%

Gladstone 56 55 5 203 1 3 267 5 1.42%

Goondiwindi 19 15 0 93 0 0 108 8 0.48%

Gympie 25 51 1 16 6 0 74 0 0.63%

Hervey Bay 123 126 18 233 4 1 382 12 3.11%

Holland Park 10 10 0 4 0 0 14 2 0.25%

Hope Vale 0 2 0 3 0 0 5 0 0.00%

Hughenden 0 0 0 0 0 0 0 0 0.00%

Ingham 0 3 0 12 0 0 15 0 0.00%

Inglewood 0 0 0 0 0 0 0 0 0.00%

Innisfail 39 47 7 147 1 6 208 0 0.99%

Ipswich 366 408 6 1439 15 3 1871 14 9.26%

Julia Creek 0 0 0 0 0 0 0 0 0.00%

Kingaroy 65 54 1 144 7 4 210 0 1.65%

Kowanyama 2 4 0 12 0 0 16 0 0.05%

Landsborough 0 0 0 0 0 0 0 0 0.00%

Lockhart River 1 3 0 7 0 0 10 0 0.03%

Longreach 18 16 3 18 0 0 37 4 0.46%

Mackay 68 84 4 77 1 0 166 3 1.72%

Mareeba 23 18 0 38 0 2 58 2 0.58%

Maroochydore 69 80 1 217 6 7 311 6 1.75%

Maryborough 68 56 1 142 6 0 205 4 1.72%

Mer Island 0 0 0 0 0 0 0 0 0.00%

Millmerran 7 0 0 7 0 0 7 0 0.18%

Mitchell 2 1 0 2 0 0 3 0 0.05%

Moa island 0 0 0 0 0 0 0 0 0.00%

Monto 0 0 0 0 0 0 0 0 0.00%

Moranbah 0 0 0 0 0 0 0 0 0.00%

Mornington island 8 10 0 4 0 3 17 2 0.20%

Mossman 0 4 0 4 0 0 8 0 0.00%

Mount Garnet 1 1 0 0 0 0 1 0 0.03%

Mount Isa 97 97 5 156 9 9 276 10 2.46%

Murgon 28 16 0 53 0 4 73 1 0.71%

Nambour 0 0 0 0 0 0 0 0 0.00%

Nanango 0 0 0 0 0 0 0 0 0.00%

Noosa 10 11 2 21 0 0 34 1 0.25%

Normanton 4 4 0 10 5 0 19 0 0.10%

Oakey 0 0 0 0 0 0 0 0 0.00%

Page 50: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

50

Number of Applications

Number of Orders Made

R.o.G.S. Child

Protection Order

Extend Protection

Order

Interim Order

Revoke Protection

Order

Vary Protection

Order Total

Number of Applications Dismissed / Withdrawn

% of state total

Palm Island 4 16 0 30 0 0 46 0 0.10%

Pine Rivers 108 135 1 227 4 7 374 2 2.73%

Pittsworth 0 0 0 0 0 0 0 0 0.00%

Pomona 0 0 0 0 0 0 0 0 0.00%

Pormpuraaw 1 10 0 16 0 0 26 0 0.03%

Proserpine 12 12 0 11 1 0 24 0 0.30%

Quilpie 0 0 0 0 0 0 0 0 0.00%

Redcliffe 81 81 1 288 1 1 372 4 2.05%

Richlands 128 133 1 213 0 1 348 8 3.24%

Richmond 0 0 0 0 0 0 0 0 0.00%

Rockhampton 76 230 11 766 0 3 1010 3 1.92%

Roma 10 17 0 83 1 0 101 2 0.25%

Saibai Island 0 0 0 0 0 0 0 0 0.00%

Sandgate 0 0 0 0 0 0 0 0 0.00%

Sarina 0 0 0 0 0 0 0 0 0.00%

Southport 274 263 0 674 6 5 948 21 6.93%

Springsure 0 0 0 0 0 0 0 0 0.00%

St.George 2 2 0 30 0 0 32 3 0.05%

Stanthorpe 2 3 0 4 0 0 7 0 0.05%

Tambo 0 0 0 0 0 0 0 0 0.00%

Taroom 0 0 0 0 0 0 0 0 0.00%

Thursday Island 8 13 0 32 3 0 48 0 0.20%

Toogoolawah 0 0 0 0 0 0 0 0 0.00%

Toowoomba 243 281 7 733 2 0 1023 14 6.15%

Townsville 158 345 0 628 21 9 1003 14 4.00%

Tully 6 6 0 24 0 0 30 0 0.15%

Warraber Island 0 0 0 0 0 0 0 0 0.00%

Warwick 17 17 0 83 0 0 100 0 0.43%

Weipa 5 5 0 20 0 0 25 0 0.13%

Winton 2 2 0 3 0 0 5 0 0.05%

Woorabinda 0 0 0 6 0 0 6 0 0.00%

Wujal Wujal 0 0 0 0 0 0 0 0 0.00%

Wynnum 43 50 0 109 3 1 163 0 1.09%

Yam Island 0 0 0 0 0 0 0 0 0.00%

Yarrabah 0 0 0 0 0 0 0 0 0.00%

Yeppoon 0 0 0 0 0 0 0 0 0.00%

Yorke Island 0 0 0 0 0 0 0 0 0.00%

TOTAL 3951 4570 123 12649 154 105 17601 258 100%

Page 51: Magistrates Courts of Queensland · Chief Magistrate Brian Hine and Magistrates Errol Wessling, Barry Barrett, Tom Killeen and Trevor Arnold. Each had given long and valued service

51

Appendix 5 – Magistrates Courts locations and circuits