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Magistrates Court of QueenslandAnnual Report 2009–2010

Magistrates Court of Q

ueensland Annual Report 2009–2010

Queensland Magistrates Court 363 George Street, Brisbane QLD 4000

GPO Box 1649, Brisbane, QLD 4001

PH 61 7 3247 4565 FX 61 7 3220 0088

www.courts.qld.gov.auFront Cover: Ipswich Courthouse and Coordinating Magistrate Donna MacCallum

WARNING: Aboriginal and Torres Strait Islander peoples are warned that this document may contain images of deceased persons. Due care has been taken to ensure that all images have been used with the appropriate consent.

Acknowledgements

Paul Marschke (Executive Director)

Magistrates Court staff: Bernard Harvey, Claire Slater, Mark Crabtree, Maryanne May, Narelle Kendall, Ray Ward

Courts Information Services: Charles Kooij

External: Lisa Davies

Magistrates Court of Queensland | Annual Report 2009–2010 | 1

CHAMBERS OF THE CHIEF MAgISTRATE

29 October 2010

The Honourable Cameron Dick MP Attorney-General and Minister for Industrial Relations 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 2010.

Yours sincerely,

Judge Brendan Butler AM, SC Chief Magistrate

Brisbane Magistrates Court 363 George Street Brisbane Qld 4000

GPO Box 1649 Brisbane Qld 4001

Ph: 61 7 3247 4565 Fax: 61 7 3220 0088

www.courts.qld.gov.au

2 | Magistrates Court of Queensland | Annual Report 2009–2010

Contents

Chief Magistrate’s overview 4

The Magistrates 4

Professional development 5

Contribution by female magistrates 5

Murri Courts 5

The future 6

Acknowledgements 6

Conclusion 6

Executive Director’s overview 8

Highlights 8

Staff development and support 9

Court buildings and facilities 9

The future 10

Acknowledgements 10

The Magistracy 11

Queensland’s magistrates 12

Acting magistrates 14

Judicial registrars 15

Magistrate appointments 16

Magistrate retirements 18

Structure and operation 19

Committees 20

Magistrates internal committees 20

Magistrates professional development 23

Other professional development attendances 24

Magisterial forum 26

The Childrens Court Magistrate 26

Palais de Justice 27

Breaking the Cycle domestic violence project 28

A path less travelled 30

A recent appointment 31

Court performance by jurisdiction 32

Criminal jurisdiction 33

Civil jurisdiction 35

Domestic and family violence 37

Commonwealth 38

Industrial Magistrates Court 38

Childrens Court 38

Coroners Court 39

Office of the State Coroner 40

Innovative courts and programs 40

Special Circumstances Court Diversion Program 41

Drug Court 42

Illicit Drugs Court Diversion Program 43


Indigenous justice 46

Courts held in indigenous communities 46

Indigenous language interpreters 46

Community justice groups 46

Justices of the peace 48

Queensland Indigenous Alcohol Diversion Program 48

Murri Court 49

Court administration 55

The Statistical Analysis Unit 55

Courts Capability and Development Unit (CCDU) incorporating the Training Support Unit (TSU) 55

Justice Services Support 56

Regional operations 56

Technology 61

Courts information services 61

Courthouses 62

Ipswich Courthouse 62

Brisbane Magistrates Court Major Hearing Court 63

Supporting organisations 64

Court Network 64

Mental Health Court Liaison Service 65

Appendices 68

Appendix 1 – Criminal lodgements 68

Appendix 2 – Civil Claims 72

Appendix 3 – Domestic and Family Violence applications and orders 76

Appendix 4 – Child Protection applications and orders 80

Appendix 5 – Magistrates Court locations and circuits 85


Chief Magistrate’s overview

His Honour Judge Brendan Butler AM SC Chief Magistrate

In 2009-10 the Magistrates Court of Queensland continued its record of efficiently completing the heavy volume of work it receives.

For the fifth year in a row the Court’s workload in its core criminal jurisdiction increased. Despite the increase, the court improved the clearance rates in both its criminal and civil jurisdictions. The criminal clearance rate, adult and juvenile combined, increased by one per cent to 101.5 per cent.

Similarly, the clearance rates in all of the Court’s civil jurisdictions exceeded 100 per cent. In other words, the Court continued to clear more matters than it received, reducing the pending caseload.

The magnitude of this achievement may be gauged from a comparison with other jurisdictions, based on the most recent Report on Government Services (RoGS) for the 2008-09 financial year.

Although Queensland had the equal lowest (with NSW) ratio of magistrates across all States, with 1.6 magistrates per 100,000 people compared to the national average of 1.9, it had the highest number of criminal finalisations of all the States, and the third highest number of civil finalisations after New South Wales and Victoria.

The magistratesThe achievement of the Court in dealing with this heavy workload is due to the industry shown by its hardworking magistrates, acting magistrates and judicial registrars.

In the reporting year, the total number of magistrates remained steady at 87. The year commenced with one position vacant, and during the year two magistrates retired, one resigned and four magistrates were appointed.

Magistrates are located in 32 centres and circuit to a further 86 court locations throughout the length and breadth of Queensland.


When magistrates take leave, relief is provided from the ranks of acting magistrates. Of the 30 acting magistrates as at 30 June 2010, 12 were retired magistrates and the remainder were legally qualified experienced registrars of the Court.

In Townsville and Southport a judicial registrar’s position provides support to the magistrates. At the beginning of the year there were four judicial registrar positions, but with the loss of some jurisdiction to the Queensland Civil and Administrative Tribunal (QCAT) on 1 December 2009 that number was reduced to two.

Contribution by female magistratesOf the four new magistrates appointed this year, two were women.

Much has changed in regard to the participation of women in the Court during the past two decades. The first woman appointed a magistrate in Queensland was Grace Kruger in 1990. The second, Magistrate Donna MacCallum, was appointed in 1991. She is currently a Regional Coordinating Magistrate based at Ipswich. Magistrate MacCallum appears on the cover of this Report.

As at 30 June 2010 there were 30 female magistrates, constituting 34% of the membership of the Court. They serve in locations as diverse as Warwick in the south to Mount Isa and Cairns in the north. Female magistrates participate fully in the onerous circuit work of the Court.

History was made when Ms Diane Fingleton was appointed the first female Chief Magistrate in 1999. Since that time, female magistrates have continued to take leadership roles in the Court, including as Regional Coordinating Magistrates and as Committee Chairs.

A number of female magistrates speak of their diverse experiences as members of the Court in the Magistrate’s Forum later in this Annual Report.

Professional developmentThe quality of decision making in the Magistrates Court is dependant on the knowledge and expertise of its magistrates. Ongoing professional development is crucial to the maintenance of the Court’s high standards.

This year has seen the enhancement of opportunities for magistrates to engage in professional development activities and to participate in the governance of their Court.

In addition to the Annual Conference, Regional Conferences were reinstituted. These were of one and a half days duration and allowed magistrates and acting magistrates to discuss legal issues of importance in their regions and to participate in legal development sessions in core jurisdictions.

These Regional Conferences, held at Townsville, Ipswich and Brisbane, were judged to be highly successful.

Murri courtsThe Murri Courts, where indigenous elders sit with and advise magistrates at the sentencing of Indigenous offenders, continue to play a significant role in addressing the need to provide justice to Aboriginal and Torres Strait people in a culturally appropriate way.

Local Indigenous communities and local magistrates have continued to work together to establish new Murri Courts where they are needed. In the year a further three Murri Courts were established. I was honoured to attend the official opening of the Charters Towers Murri court in that town on 16 February 2010.

The support of magistrates throughout the State for this innovative program reflects their commitment to the rehabilitation of indigenous defendants by assisting them to address the causes of their offending behaviour.


The futureIn my last Annual Report I nominated implementation of the recommendations in the report of the Review of Civil and Criminal Justice in Queensland delivered by the Honourable Martin Moynihan AO QC in December 2008, as the outstanding challenge facing the Court. That remains correct.

At the time of writing, the legislation implementing the first stage of those recommendations has passed into law and the Act will commence on 1 November 2010. The reforms will increase the criminal and civil jurisdictions of the Magistrates Courts and alter the committal process.

Considerable work has been done by the Court in anticipation of the implementation of those reforms. A successful Roundtable process with high level representation from major criminal law stakeholders has agreed on administrative arrangements to give effect to the legislative changes.

The Court is well prepared to implement these major reforms to its jurisdiction and processes.

AcknowledgementsI particularly acknowledge the important contribution made by each of the three magistrates who departed the Court in the course of the year.

I congratulate Her Honour Judge Katie McGinness on her appointment to the District Court. Judge McGinness served as a magistrate for almost four years, of which three were spent in Cairns where she distinguished herself as an enthusiastic and hardworking judicial officer.

I commend Magistrates Ehrich and Tynan, who retired after 14 and 11 years service respectively, on their long and valuable service. Magistrate Ehrich served as Industrial Magistrate and as the Brisbane Murri Court Magistrate, while Magistrate Tynan was the South East Queensland Drug Court Magistrate for two years during which she circuited between the three Drug Court centres. I am pleased to say that both Magistrates Ehrich and Tynan continue to support the Court in their capacity as acting magistrates.

The Court was fortunate to receive four highly skilled lawyers into the ranks of its magistrates this year. Three were practising barristers in regional centres and the fourth was registrar of the Holland Park Magistrates Court with 10 years experience as an acting magistrate. All four had over 15 years of post admission legal experience at the time of their appointment.

ConclusionThroughout the year I have been able to constantly draw support and encouragement from the members of the Court. Many magistrates have given of their time and effort to contribute in numerous ways to the administration of the Court. I thank them all.

I particularly acknowledge the support I receive from co-ordinating magistrates throughout Queensland. The magistrates who accept these leadership roles receive only nominal remuneration, but make a massive contribution to the effective administration of the Court. I could not manage without them. Once again special thanks go to Deputy Chief Magistrate Brian Hine who is a source of constant support and advice. My gratitude also goes to Ms Narelle Kendall, Ms Maryanne May and the dedicated staff of the Chief Magistrates office.


The Court relies heavily on its partnership with the Magistrates Court Branch of the Department of Justice and Attorney-General. I have a valued working relationship with Mr Paul Marschke, Executive Director, Magistrates Court Branch and I thank him and his staff for their continued support.

Finally, I acknowledge that the quality of justice delivered by the Court depends upon public confidence and the input of local communities. I applaud the work of all those involved in the court process including legal representatives, police prosecutors and support services. Together we all contribute to the success of Queensland’s largest and busiest court, the Magistrates Court.


Executive Director’s overview

Paul Marschke Executive Director Magistrates Courts

Our objectives to provide better services to courts’ users and our partners, promote a workplace culture that inspires staff to achieve results, and support service delivery through business innovation have driven our workload priorities over the last 12 months.

The Magistrates Court Branch is a dynamic combination of specialist units working together to support and meet the operational needs and performance of the Court. In 2009 -10, the Magistrates Court Branch comprised of:

• Magistrates Court Branch (MCB) Head Office

• Office of the State Coroner (OSC)

• Courts Innovation Programs (CIP)

• Statistical Analysis Unit (SAU)

• Justice Services Support (JSS)

HighlightsThe Murri Court now operates in 17 locations throughout Queensland, three more than in 2008-09, and we continue to lead the nation with the most Indigenous Courts of any Australian state.

An evaluation of the Murri Court program has been completed and its findings, along with those in the Queensland Indigenous Alcohol Diversion Program (QIADP), are being considered regarding future program developments.

The Queensland Civil and Administrative Tribunal (QCAT) commenced on 1 December 2009 amalgamating 18 separate tribunals and 23 jurisdictions. This represents one of the most significant reforms to the Queensland justice system in 50 years.

I congratulate Magistrates Court staff for their efforts and contribution to the successful transition of QCAT which presented significant challenges to our registries.


Judicial registrars were retained at the Southport and Townsville Courthouses during 2009–10, and will continue to work at these centres in 2010-11. From July 2009 to June 2010, the judicial registrars at these two locations presided over 10,217 criminal matters (including domestic violence matters), and 2,960 civil matters.

This year saw the last of the eight courthouses scheduled for transition to the Queensland Government Agent Program (QGAP). Taroom, Nanango, Gayndah, Toogoolawah, Tully, Mossman, Pittsworth and Childers are now fully functional QGAP offices and Registrars, Regional Managers and their staff are to be congratulated on the successful transition.

The completion of the transition brings the total number of Department of Justice and Attorney-General (JAG) led QGAP sites to 23. Each QGAP office provides essential information, face to face assistance and advice on a range of state and Federal Government services to clients in areas where access to services can be limited.

Staff development and supportThe Coroners Case Management System (CCMS) commenced operation on 1 July 2009. This purpose-built system significantly enhances the case management of coronial files and provides accurate information about deaths reported to coroners. The CCMS also interfaces with the National Coroners Information System to improve the quantity and quality of Queensland data. System enhancements were released in June 2010 to build on CCMS’ functionality.

Court buildings and facilities On 6 March 2010, the new $92 million Ipswich Courthouse was officially opened by Attorney-General Cameron Dick and Member for Ipswich Rachel Nolan. The new courthouse boasts 12 courtrooms, and provides separate entrances, corridors, lifts and waiting areas for judges, defendants and members of the public. The building has separate areas for vulnerable witnesses, victims of domestic and family violence, and specialist children’s and Murri courtrooms. The courthouse also features the latest in courtroom technology.

During 2009–10, videoconferencing facilities were installed in Gladstone, Bundaberg and Gympie courthouses, bringing the number of Magistrate Court videoconferencing sites to 61.

The videoconferencing capability reduces the need for prisoner transfers to court, which reduces costs and improves public safety by reducing the risk of attempted and actual escapes and assaults. They also enable child witnesses and victims of sexual assault to give evidence without confronting a defendant in the courtroom.

Three new Magistrates courtrooms are being constructed along with three new Magistrates chambers in the Southport Courthouse. An existing courtroom will also be enlarged to improve the court’s efficiency in managing the large number of arrest and first appearance matters.

The estimated cost of the project is $4 million. Construction commenced in May 2010 and will be completed in December 2010.

The $10.4 million refurbishment of the Toowoomba Courthouse continues, and will be completed in October 2010.

In 2010–11 the department plans to upgrade existing facilities at several Magistrates Courts including at Cairns, Beenleigh, Hervey Bay, Rockhampton and Southport.


The future2010-11 will see important changes for the Magistrates Courts.

The passing of The Civil and Criminal Jurisdiction and Modernisation Reform Act 2010 by the Queensland Parliament will have a positive effect on the Queensland Justice System by streamlining court processes and making better use of public resources.

Overseen by the Queensland Courts Service Executive (QCSE), a team of key Magistrates Court Branch staff have conducted an analysis of the business and system changes required to implement stage 1 of the Moynihan reforms within Queensland Courts.

Implementation of the reforms will include:

• new policy and procedures

• database changes

• training materials

• change management measures for Queensland Courts staff

Stakeholder meetings with all Queensland Courts business units, the Chief Magistrate, Legal Aid Queensland, Queensland Police Service and the Strategic Policy Unit are continuing to ensure The Civil and Criminal Jurisdiction and Modernisation Reform Act 2010 is implemented in a consistent and relevant manner for Queensland Courts and the community.

Preliminary discussions to define the scope of stage 2 of the Moynihan reforms have commenced and involve QCSE members, the Moynihan stage 1 project team and the Strategic Policy Unit.

Magistrates Court Branch staff are also playing a key role in the Merged Civil System project (MerCS).

When released, this new civil case management system will provide enhanced functionality as well as a consistent, Queensland-wide approach to database management for Magistrates, District and Supreme Courts registries.

The Magistrates Court Branch looks forward to the introduction of this new system and will continue to support and contribute to its development into 2010-11.

AcknowledgementsTo accomplish the goals and meet the challenges set, the Magistrates Court Branch fosters a collaborative and open relationship with the magistracy. I thank His Honour Judge Brendan Butler AM SC for his support and co-operation, and again look forward to working with him in meeting future challenges.

My congratulations go to the following Magistrates Court staff who have secured promotions, position upgrades and transfer at level positions during the year:

Promotions/ position upgrades/ transfers-at-level

Madonna Kraatz Sheryl Robertson

Jacqui Irving Kylee Lewis

Peter Guyatt Lee McDonell

Jane Slattery Astrid Entriken

Stacey Connell Sara Wood

Kate Voll Colin Petersen

Paul Ramage Wendy Siebrecht

Ashleigh Taylor Beverley Williams

Bernard Harvey Jackie Walters

Amy Elliott Peter Ellis

Kenneth Percy Gail Kidston

Scott Hastie Adair MacGregor

Brendan Eleison Yvonne Spry

Mark Koczan Robyn Bell

Simone Rohweder Sue Sondergeld

Raymond Lennox Sharon Weeding

Luke Massey Emma Dunkerton

Martha Phophang Anne Fisher-Charles

I thank all MCB staff and the Regional Managers for their co-operation and commitment during 2009 – 10, and look forward to continuing our efforts to achieve and deliver the highest possible standard of services to the Queensland community.


The Magistracy


Queensland’s Magistratesas at 30 June 2010

Beenleigh PJ Webber Co-ordinating Magistrate

JA McDougall

TI Morgan

JE White

Bowen AG Kennedy

Brisbane BJ Butler Chief Magistrate

BP Hine Deputy Chief Magistrate/Regional Co-ordinating Magistrate

MA Barnes State Coroner

CJ Callaghan Co-ordinating Magistrate

LM Bradford-Morgan Part-time Magistrate

CA Clements Deputy State Coroner

SL Cornack

JD Costello

WA Cull

JM Daley

PM Dowse Childrens Court Magistrate

EA Hall

PM Kluck

GC Lee Industrial Magistrate

JB Lock Brisbane Coroner

NF Nunan

LJ O’Shea

JV Payne

T Previtera

CG Roney Part-time Magistrate

BL Springer Relieving Magistrate

Bundaberg JM Batts

Caboolture PW Johnstone Co-ordinating Magistrate

B Barrett

Cairns RD Spencer Regional Co-ordinating Magistrate

J Bentley

TJ Black

SM Coates

AJ Comans

SL Pearson

JN Pinder

K Priestly Northern Coroner

Caloundra DM Fingleton

Charleville C Strofield


Cleveland BR Manthey

Dalby MP Quinn

Emerald JJ McGrath

gladstone JD Carroll

gympie MM Baldwin

Hervey Bay GJ Tatnell

WJ Smith Relieving Magistrate Wide Bay District

Holland Park TN Arnold

Innisfail JM Brassington

Ipswich DM MacCallum Regional Co-ordinating Magistrate

VE Sturgess

MR McLaughlin

Kingaroy GJ Buckley

Mackay DJ Dwyer

R Risson

Mareeba TJ Braes

Maroochydore CJ Taylor Regional Co-ordinating Magistrate

BA Callaghan

JA Hodgins

IT Killeen

Mount Isa C Wadley

Pine Rivers SD Guttridge

Redcliffe AJ Chilcott

Richlands ER Wessling Co-ordinating Magistrate

PJ Austin

Rockhampton AM Hennessy Regional Co-ordinating Magistrate

C Press

Sandgate O Rinaudo

Southport RG Kilner Regional Co-ordinating Magistrate

JJ Costanzo

TM Duroux

MJ Hogan

JL Hutton Southern Coroner

DE Kehoe Drug Court Magistrate

BP Kilmartin

KT Magee

MG O’Driscoll

CA Pirie

Toowoomba BT Schemioneck Co-ordinating Magistrate

KA Ryan


Townsville SM Tonkin Regional Co-ordinating Magistrate

BL Smith

RJ Mack

HB Osborne

PR Smid

LP Verra

Warwick AC Thacker

Wynnum Z Sarra

Acting MagistratesBeenleigh BL Kucks

Bowen RW Muirhead

Brisbane JP Barbeler*

G Dean*

W Ehrich*

M Halliday*

JM Herlihy*

R Quinlan*

AR Taylor

BF Tynan*

Bundaberg LN Lavaring

Caboolture PW Hasted

Cairns KJD McFadden

Cleveland RL Warfield

Cloncurry AM Walker

Dalby IR Rose*

HB Stjernqvist

Kingaroy RH Lebsanft

Mareeba R Heggie

Maroochydore DA Beutel

J Parker*

D Wilkinson*

Noosa GA Hillan*

Rockhampton MT Morrow

T Bradshaw*

Southport G Finger

GA Wilkie*

Toowoomba WA Cridland*

RJ Stark

Townsville SD Luxton

* Retired Magistrate


Judicial RegistrarsBeenleigh GH Kahlert Part-time

Southport RM Carmody Part-time

Townsville RJ Lehmann


Magistrate appointments

Magistrate Sandra Pearson

Cairns

Sworn in as a magistrate on 21 July 2009.

Magistrate Pearson commenced her legal career in 1991 as an instructing clerk in the Director of Public Prosecutions (DPP) Office in Brisbane. She completed her Bachelor of Law and was admitted to the bar in 1992, becoming a legal officer for the DPP in 1993. She became a crown prosecutor in Cairns in 1996 and the office legal practice manager in 1998. After 10 years with the Director’s Office Her Honour became a barrister in private practice in Cairns working in criminal, civil and family law, including complex trial and appeal work.

Magistrate Pearson is experienced with the demands of circuit work in the remote Cape York and Torres Strait Island communities, and has experience on the bench, having acted as a moot court judge for the Cairns State High School competitions and as a member of the judiciary for Cairns District Rugby Union.

A busy person who always finds time to contribute to the community, Her Honour has said she cannot wait to be a part of the volume and diversity of work in the Magistrates Courts.

Magistrate Terry Duroux

Southport

Sworn in as a magistrate on 23 April 2010.

Magistrate Duroux is extending his already extensive 30 years experience with the Magistrates Courts. Starting as a junior clerk in the Emerald Magistrates Court in 1980, His honour was admitted as a solicitor in 1994 and worked in private practice for six months before returning to the public service.

He was appointed as an acting magistrate and has increasingly found himself in that role, in many court locations throughout the state and often on short notice. His Honour most recently held the position of Registrar at the Holland Park Magistrates Court to which he was appointed in 2002.

Magistrate Duroux was sworn in as a magistrate early on 23 April 2010 in a short ceremony. The ceremony was short as he had already been scheduled to preside over court that day in his capacity as an acting magistrate.


Magistrate Jane Bentley

Cairns


Magistrate Bentley commenced employment as a law clerk with the Public Defenders Office (which later merged with the Legal Aid Office) from 1988 to 1996, and was admitted as a barrister in 1994. Her Honour was employed as a legal officer with the Queensland Police Service, and then the National Crime Authority where she provided advice in relation to the investigation of major and organised crime.

In 2001 Her Honour commenced work for the Commonwealth Director of Public Prosecutions, mainly prosecuting taxation fraud and commercial offending. She headed the Cairns office for the final 18 months.

Most recently, Her Honour was a barrister in private practice in Cairns, practising mainly in criminal and family law.

Magistrate Cameron Press

Rockhampton


Magistrate Press was born and raised in Rockhampton. He began his career in law in 1979 after finishing at North Rockhampton High School when he commenced as an articled clerk with a local firm of solicitors.

He became a partner in the firm in 1985 and then, for most of the past 10 years, has been a barrister where he has a particular expertise in civil law. His Honour has been a member of the Mental Health Review Tribunal for the last five years, and has been involved with several community organisations.

His Honour has said he will approach the role with a profound sense of responsibility and duty and will strive to always act in the best interests of justice and the community.


Magistrate retirementsMagistrate Katie Mcginness

Cairns

Magistrate McGinness commenced as a magistrate in Brisbane on 22 August 2005 and transferred to Cairns on 8 May 2006, where Her Honour remained for three years.

While in Cairns she undertook the arduous circuit courts to the Torres Strait and Cape York. On 16 July 2009 Magistrate McGinness retired from the ranks of the magistracy as she had been appointed a Judge of the District Court of Queensland.

Her Honour commenced her career in law in 1985 as a law clerk for the Public Defenders Office (which later merged with the Legal Aid Office). She remained there for 13 years, becoming in-house counsel after her admission to the Bar in 1988. She also was the Principal Legal Officer for the Commonwealth Director of Public Prosecutions for a year and a half.

While she argued matters before all levels of Courts including the Court of Appeal, she also appeared before the District Court, the Court in which she now presides.

Magistrate Walter Ehrich

Brisbane

Magistrate Ehrich was sworn in as a magistrate on 10 October 1994. He commenced in Brisbane before moving to Emerald in 1997. From Emerald, he visited many locations to conduct court while on circuit. He transferred to Beenleigh in 1999 and back to Brisbane in 2005. For two of the last three years His Honour was the Industrial Magistrate, and for one year the Murri Court Magistrate. He retired at the statutory retirement age on 12 August 2009, and was promptly appointed as a Relieving Magistrate. His Honour continues to exercise his experience by regularly holding Court in the Brisbane area.

Before his appointment as a magistrate, and after his schooling at Marist College Ashgrove His Honour was

a solicitor in private practice as a partner of a number of firms. He holds a Bachelor of Arts (BA) degree from Monash University, a Master of Laws (LLM) degree from the University of Queensland and is completing a Master of Arts (MA) degree at the University of New England.

Magistrate Barbara Tynan

Brisbane

Magistrate Tynan commenced in Brisbane on 26 November 1998. She moved to Toowoomba in 1999 and became the Toowoomba Co-ordinating Magistrate in 2002. Her Honour returned to Brisbane in 2003 before moving to Cleveland in 2004.

She became a Drug Court Magistrate in 2005 and in 2007 became the full time South-East Queensland Drug Court Magistrate, circuiting between the Southport, Beenleigh and Ipswich Magistrates Courts. Her Honour retired on 6 December 2009.


Structure and operation

There are 87 appointed magistrates, two of whom are part-time, occupying 86 magisterial positions.

There is also a pool of 30 appointed acting magistrates who relieve in magisterial positions as required. The pool includes 13 retired magistrates.

As a part of a two year trial there are also three appointed judicial registrars who occupy two judicial registrar positions (two judicial registrars are part-time).

The Chief Magistrate is the head of the Court and its senior judicial officer, responsible for:

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

• deciding the magistrates who are 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.

There is a Deputy Chief Magistrate who, in addition to exercising the functions of a magistrate, must exercise such other functions as the Chief Magistrate directs. The Deputy Chief Magistrate may act as Chief Magistrate if required.

The Chief Magistrate appoints regional co-ordinating and co-ordinating magistrates in each region to assist in the orderly disposition of Court business.

The regional co-ordinating magistrates are:

Brisbane Region BP Hine (Brisbane)

South-West Region DM MacCallum (Ipswich)

South Coast Region RG Kilner (Southport)

North Coast Region CJ Taylor (Maroochydore)

Central Region AM Hennessy (Rockhampton)

Northern Region SM Tonkin (Townsville)

Far Northern Region RD Spencer (Cairns)

The co-ordinating magistrates are:

Beenleigh PJ Webber

Toowoomba B Schemioneck

Caboolture PW Johnstone

Richlands ER Wessling

Brisbane CJ Callaghan


Committees

Court Governance Advisory committee

Members: Deputy Chief Magistrate Brian Hine; State Coroner Michael Barnes; Magistrates: Ron Kilner; Bronwyn Springer; Athol Kennedy.

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 committeesThe Magistrates Internal Committees provide vital support to magistrates across Queensland and assist the Chief Magistrate in fulfilling his responsibility of ensuring the orderly and expeditious running of the Magistrates Courts.

At the annual state conference, magistrates were invited by the Chief Magistrate to nominate for one or more of the new committees. A chairperson for each of the committees was selected by the Chief Magistrate from the pool of nominees.

The Chief Magistrate and Deputy Chief Magistrate are members of all the committees. The Principal Research Officer provides the secretariat and research support to the committees.

The committees’ structure and membership at 30 June 2010 is provided below.

Terms and Conditions committee

Committee Chair: Chief Magistrate Brendan Butler

Members: Deputy Chief Magistrate Brian Hine; State Coroner Michael Barnes; Magistrates: Orazio (Ray) Rinaudo; Robert Spencer; Christopher Callaghan; Graham Lee; Leanne O’Shea; Joseph Pinder.

This committee monitors developments in terms and conditions of appointment of judicial officers in Australian jurisdictions. Its recommendations inform the Chief Magistrate’s annual submission on magistrates’ terms and conditions.

Information Technology committee

Committee Chair: Deputy Chief Magistrate Brian Hine

Members: Chief Magistrate Brendan Butler; and Magistrates: Trevor Morgan; Orazio (Ray) Rinaudo; Trevor Black; Errol Wessling; Kevin Priestly; Janelle Brassington; Ross Risson.

The Information Technology Committee is an active sponsor of continuous improvements to court information and communication technology systems and provision of training to magistrates.

Judicial Professional Development committee

Committee Chair: Magistrate Leanne O’Shea

Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; State Coroner Michael Barnes; Magistrates: Janelle Brassington; Noel Nunan; Damian Carroll; John Costello; Annette Hennessy; Kerry Magee; Joseph Pinder; Orazio (Ray) Rinaudo; Anne Thacker; Kay Ryan.

Orientation programs for newly-appointed magistrates and ongoing professional development opportunities for magistrates, acting magistrates and judicial registrars are vitally important for the consistent


delivery of Magistrates Court justice services across Queensland.

The commitment the existing committee gives to professional development and the delivery of a broad range of judicial education for the Queensland magistracy is reflected in its expanded role.

Under the leadership of Magistrate Leanne O’Shea, 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: Magistrate Orazio (Ray) Rinaudo

Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; State Coroner Michael Barnes; Magistrates: Leanne O’Shea; Damian Dwyer; Narelle Kendall

Bench Book subcommittee

Committee Chair: Magistrate Janelle Brassington

Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; Magistrates: Leanne O’Shea; John Costello; Damian Carroll; Joseph Pinder; Kay Ryan; Kerry Magee; Michael Halliday.

Regional Conference planning subcommittee

Committee Chair: Magistrate Leanne O’Shea

Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; Magistrates: Joseph Pinder; Kay Ryan; Bronwyn Springer; Narelle Kendall.

Indigenous Issues committee

Committee Chair: Deputy Chief Magistrate Brian Hine

Members: Chief Magistrate Brendan Butler; Magistrates: Trevor Black; Graham Buckley; Pam Dowse; Annette Hennessy; Paul Johnstone; Bevan Manthey; Matt McLaughlin; Howard Osborne; Jacqui Payne; Tina Previtera; Michael Quinn; Ross Risson; Zac Sarra; Brian Smith; Cathy Wadley; Errol Wessling

All Murri Court magistrates are members of this committee which will continue to advise and make 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 Errol Wessling

Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; Magistrates: Graham Buckley; Sheryl Cornack; Kerry Magee; John Smith; Anne Thacker.

Led by Magistrate Errol Wessling this committee is one of the most active. The Magistrates Courts deals with over 300 pieces of legislation, which means that this committee is constantly consulted by agencies across the Commonwealth and state governments in relation to forms supporting proposed legislative changes. In addition to this, the committee conducts an annual review of Magistrates Courts bench forms.


Legislation committee

Committee Chair: Magistrate Bronwyn Springer

Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; Magistrates: Janelle Brassington; Athol Kennedy; James McDougall; John Smith; Errol Wessling.

Like its Forms Committee counterpart, the Legislation Committee is in constant consultation with government agencies responding to and making recommendations in relation to proposed legislative reforms affecting the Magistrates Courts.

Criminal Law committee

Committee Chair: Magistrate Anne Thacker

Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; Magistrates: Christopher Callaghan; John Costanzo; Annette Hennessy; Michael Hogan; Matt McLaughlin; Virginia Sturgess.

This committee will play a vital role supporting the magistracy in meeting the challenges of implementing the Moynihan Review and other criminal law reforms.

Domestic and Family Violence committee

Committee Chair: Regional Co-ordinating Magistrate Annette Hennessy

Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; Magistrates: Maxine Baldwin; Jennifer Batts; Janelle Brassington; Damian Carroll; Damian Dwyer; Leanne O’Shea.

This committee plays an important role supporting multi-agency responses to domestic and family violence issues.

Facilities and Safety committee

Committee Chair: Regional Co-ordinating Magistrate Robert Spencer

Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; Magistrates: Jennifer Batts; Trevor Black; Sheryl Cornack; Michael Quinn; Kay Ryan; Colin Strofield; and Paul Marschke; Kevin Stone.

The vast distances covered by Queensland magistrates; the great differences in the nature of facilities available for magistrates to constitute magistrates courts; and the many issues impacting on the safety and well-being of magistrates led to the creation of this committee.

The committee is led by Magistrate Robert Spencer and consults with invited departmental representatives. It seeks to identify and effectively manage facilities, safety, health and well-being issues affecting the magistracy.

Ethics committee

Committee Chair: Magistrate Orazio (Ray) Rinaudo

Members: Chief Magistrate Brendan Butler; Deputy Chief Magistrate Brian Hine; Magistrates: James McDougall; Joseph Pinder; Anne Thacker; Virginia Sturgess.

The internal governance structure of the magistracy would not be complete without the on-going commitment of the ethics committee.

Magistrate Rinaudo continues to lead this committee to support the ethical standards of the conduct of the magistracy.


Magistrates professional development

State conference

From 24 to 26 May 2010 the magistracy throughout the state met in the Brisbane Magistrates Court building for the annual Queensland Magistrates Conference.

The Honourable Cameron Dick, Attorney-General and Minister for Industrial Relations officially opened the conference, and retired Justice Martin Moynihan AO QC, the author of the 2008 Review of the Civil and Criminal Justice System in Queensland, delivered the keynote speech. Considering the far reaching changes proposed in his seminal work it was no surprise that the audience hung on to every word of his address.

The three days were filled with presentations and exercises to assist the magistrates in carrying out their work in the courts. Some of the topics covered were governance, Aboriginal English in courts, extemporaneous judgements and domestic violence. An open forum was also held.

The formal dinner for the conference was enjoyed by the magistracy and enhanced by the after dinner speech by Professor Trevor Warring.

State Magistrates Conference

For many magistrates who operate in small regional centres the State Conference is the only opportunity to catch up with their fellow magistrates. The sharing of experiences from all the different court locations throughout the state enhances the delivery of Justice and strengthens camaraderie.

Regional conferences

Three regional conferences were held this year, with the aim of benefiting the professional development of the magistracy. They are expected to become a permanent feature on the Magistrates calendar.

• The North Queensland Regional Conference was held in Townsville on 16 and 17 April 2010.

• The South Queensland Regional Conference was held in Ipswich on 7 and 8 May 2010.

• The Brisbane-Southport Regional Conference was held in Brisbane on 18 June 2010.

The conferences allow for more hands-on learning than the State Conference, and explore issues that are of concern to the particular region.


Topics covered included applications and personal injuries matters in civil proceedings and sentencing, evidence and defences in criminal proceedings. The content was described as relevant and important to magistrates’ duties and was well received.

Other professional development attendances*indicates attendance not funded by Magistrates Courts

Britain and Pacific Legal and Medical conference

17-24 July 2009, Oxford UK

O’Shea, LJ*

AIJA Indigenous conference

5-8 August 2009, Rockhampton Qld

Black, TJ

Buckley, GJ

Butler, BJ*

Fingleton, DM

Hennessy, AM

Manthey, BR

Payne, JV

Ryan, KA

Smith, BL

Smith, WJ

Wadley, C

NADRAC council

12 August 2009, Canberra ACT

Hodgins, JA*

NJCA Phoenix conference

17-21 August 2009, Broadbeach Qld

Chilcott, AJ

Mack, RJ

Magee, KT

McDougall, JA

McGrath, JJ

Nunan, NF

Pearson, SL

Ryan, KA

Sturgess, VE

Judgement Writing program

24-25 August 2009, Brisbane Qld

Batts, JM

Braes, TJ

Carroll, JD

Costello, JD

Daley, JM

Dwyer, DJ

Hodgins, JA

Payne, JV

Priestly, K

Ryan, KA

Strofield, C

White, JE

Queensland Mining Industry Health and Safety conference

23-26 August 2009, Townsville Qld

Vera, LP*

Homelessness conference

2-3 September 2009, Brisbane Qld

Hennessy, AM*

Roney, CG*

NADRAC council

3-4 September 2009, Sydney NSW

Hodgins, JA*

Children and the Law conference

7-10 September 2009, Prato Italy

Tonkin, SM*

Wadley, C*

Commonwealth Magistrate and Judges Association conference

28 September – 2 October 2010, Turks and Caicos Islands

Black, TJ*

AIJA Domestic Violence conference

1-3 October 2009, Brisbane Qld

Fingleton, DM

Hennessy, AM


JCA Colloquium

9-11 October 2009, Melbourne Vic

Butler, BJ*

Callaghan, BA

Thacker, AC

Drug Court training

13-16 October 2009

Coates, SM*

Central Queensland Law Association Annual conference

16-18 October 2009, Rockhampton Qld

Butler, BJ

LAWASIA conference

9-12 November 2009, Ho Chi Minh Vietnam

O’Shea, LJ*

Reframing for the Future seminar

10 November 2009, Brisbane Qld

Cornack, SL*

QCAT training

5 February 2010, Brisbane Qld

Baldwin, MM*

Hennessy, AM*

Hodgins, JA*

Smith, WJ*

Tonkin, SM*

Sentencing conference

6-7 February 2010, Canberra ACT

Comans, AJ

Cornack, CL

Costello, JD

Dowse, PM

Kilner, RG

O’Shea, LJ

IAJA Mental Health Issues and Administration of Justice conference

18-20 February 2010, Auckland New Zealand

Hennessy, AM*

Pan Europe Pacific Legal conference

5-12 April 2010, Paris France

Hall, EA*

DVCAN Qld Annual conference

20 April 2010, Brisbane Qld

O’Shea, LJ*

AIJA Non-Adversarial Justice conference

5-7 May 2010, Melbourne Vic

Osborne, HB*

Roney, CG

Wadley, C*

International Association of Women Judges conference

11-14 May 2010, Seoul South Korea

Coates, SM*

Hennessy, AM*

Previtera, T*

Springer, BL*

Thacker, AC*

Tonkin, SM*

NSW Magistrates conference

2-6 June 2010, Sydney NSW

Callaghan, CJ

QIADP Seminar

8 June 2010, Rockhampton Qld

Hennessy, AM*

Council of Chief Magistrates meeting

9-10 June 2010, Darwin NT

Butler, BJ

AAM conference

11-14 June 2010, Darwin NT

Bradford-Morgan, LM

Cull, WA*

Hall, EA*

Risson, R*

Wadley, C*

Australian Bar Association conference

24 June - 3 July 2010, Strasbourg France and London UK

Butler, BJ*

USA Pacific Legal conference

28 June – 2 July 2010, New York USA

Hine, BP*

O’Shea, LJ*


Magisterial forum

The Childrens Court Magistrate

Magistrate Dowse

The Brisbane Childrens Court is a purpose built construction situated on a narrow back street near the city’s CBD. It is nestled amongst back-packer hostels where hundreds of young people are enjoying parties, laughing and joking for hours on end, sharing their adventures and planning more travel and good times.

That is in stark contrast to the stories of despair, tragedy and shattered dreams of the hundreds of young people who are involved in the Youth Justice system or Child Protection matters in the Childrens Court on a daily basis.

The sad lives and circumstances that I hear each and every day in Court require me to think hard and long about how to break the cycle of hopelessness, and to show people not only how to open the door but to ensure they walk through it for help they need to make positive changes to their lives.

I have come to the realisation that there are children who are so broken that they can never be mended, and there are children and parents who simply don’t care and don’t wish to change their ways.

On the other hand, there are the stories of the wonderful inspirational children and their parents/carers who are prepared to work hard and do anything within their power to keep their families together, loving and safe and who instil in children that all-important sense of hope for the future.

Some of my beliefs have been turned upside down on many occasions, and it has become apparent that some parents have abdicated from their responsibilities to their children and do not even provide them with the most basic needs such as food, clothing or shelter. It is hard to believe, but children actually survive in such dysfunctional families, where nobody cares about them. Some of the children, some as young as 12, are expected to make their way to court on their own, and

without any money for a train fare or any preparation or support. These children carry a big load and they rarely get any credit for it.

In my view it is my responsibility to recognise these difficulties and make agencies assist these children with the wide variety of issues with which they present, in the hope that these strategies will educate the children in a way that will help break the cycle. It takes time, patience and understanding from everyone involved in the process.

Another damning statistic is that a large number of children in the Youth Justice system are subject to Child Safety Orders. In these cases, additional care has to be taken to find appropriate solutions to address the rejection and loneliness issues suffered by these children. I have no doubt that if these emotional matters were duly treated, offending behaviour would be substantially reduced as the children would not be self medicating with alcohol and/or illicit drugs.

There are concerns that young people with complex needs are placed with carers who are not adequately trained to deal with their charges’ issues, and who are not able to resolve conflicts without involving criminal sanctions. Services for troubled children must be available to provide practical assistance and support with counselling, information and referral services through a case co-ordinator, if possible.

Magistrates in the Childrens Court, are well placed to uncover new opportunities to innovate and continue to hear the voices of young people in the war on breaking the cycle of hopelessness.


Palais de Justice

Magistrate MacCallum

On 7 December, 2009, the new courthouse in Ipswich commenced operations. For months prior to that we had been eagerly anticipating leaving the courthouse in Limestone Street for the new building’s more modern facilities. We would not miss dodging the panels that would sometimes fall from the ceiling, the ragged carpet which was the cause of many an “interesting” entry into courtrooms and visits from a possum, which despite being regularly given immediate parole, frequently returned.

The move to the new building was a massive affair but was ably co-ordinated by the Principal Project Officer Capital Works Ian Murray, and the Acting Registrar at the time Warren Lutter, as well as all the wonderful staff. There was minimal disruption to the operation of the Court with it only being closed for one day. On that day all the chambers, courtroom contents and the working contents of the Registry etc were moved and amazingly everything arrived, mostly in one piece. The library, the

archives and non essential items were already in the building, having been gradually transferred in the three weeks prior to the move.

The new building has been christened the “Palais de Justice”. It is a truly remarkable environment in which to work. The scene from the top floor showcases Ipswich to its best advantage, giving views to many of the private schools and churches built in classic style, as well as some of the charming Queenslander houses for which Ipswich is known. In addition one can see some of the more majestic sandstone and bluestone mansions built by former mine managers and other prominent citizens which are an example of the wealth on which the city was built.

There are three magistrates based in Ipswich, and three Judges of the District Court. The new Court has 12 courtrooms, of which eight are dedicated to the Magistrates Court and the remainder house the operations of the District Court. Of the Magistrates Courts there is a dedicated Drug Court/Murri Court, a Childrens Court and a Court which has secure facilities for domestic violence clientele. It also has a major trial

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court, although we have frequently commented that there seem to be more seats at the Bench then at the Bar Table or in the dock!

The Murri Court is a wonderful design with the Bar Table curved in the shape of a boomerang and indigenous art work etched into the stone and timber panels both inside and outside the glass windows. All of the design in the room mirrors the curve of the Bar Table. The local indigenous community has been asked to supply art work for the corridor leading up to this court.

Some of the art in the building has been the cause for comment, particularly the “love heart” carved into the cement pillar at the entrance to the building, which has been the subject of many interesting interpretations.

The building is also home to the Ipswich Office of the Director of Public Prosecutions and the State Reporting Bureau. Next door is the new police station which has an interconnecting watch house, easing the transfer of prisoners to the various courtrooms.

The court represents the gold standard in technology. In addition to the usual Wi-Fi facilities and video links the courts are fitted with aids to assist the hearing impaired. All the Benches have computers, which assists with the electronic diary as well as providing immediate access to legislation and case law. There are also computer work stations outside the courtrooms that provide a further venue for quiet research.

This is the third major building housing courts in Ipswich. For the opening of the building in March 2010 former Magistrate Gordon Dean, and Barrister Andrew West, co-wrote a booklet, entitled “A Place for the Holding of Courts”, setting out a brief history of the Court in Ipswich. The publication notes that the first court was held in a room in the Queens Arms Hotel. In 1847 a small, rough-hewn courthouse and lock-up were built, and a further building was constructed around 1848 on the site of the present Post Office.

In 1859 a purpose built court was constructed on the corner of Roderick and East Streets. It was sandstone

faced, built in the Italian Romanesque style and is still standing, a testament to the craftsmen of bygone days. It served as the court until 1981 when the Limestone Street building was opened. It is interesting that the growth of Ipswich has been so rapid that the 1981 court only served the community for 28 years, compared with the 122 years that the old court was the centre of business. Hopefully the “Palais de Justice” will last the distance.

Overall it has been a wonderful experience and we have all entered into the spirit of our new residence by bringing in art and various decorator items to make the place more a home away from home. The pleasant working environment with my colleagues has been enhanced by the new and improved surroundings.

‘Breaking the Cycle’ domestic violence project

Magistrate Hennessy

Acting Senior Sergeant Josephine Griffin and Magistrate Hennessy

In March 2007, the Queensland Government endorsed the development of a whole of government strategy on domestic and family violence with the intention


of developing an integrated response to the issue in Queensland.

The model developed focuses on a co-ordinated approach to domestic violence and its underlying issues and utilises risk assessments and intensive case management of high risk clients and those in protracted domestic violence situations. Early intervention with people suffering domestic and family violence, and with those inflicting it, can reduce incidents of violence and lead to lasting positive changes.

The pilot project is called “Breaking the Cycle” and is running in Rockhampton for an 18 month period, commencing in November 2009. The pilot builds on the attempts in that court over the past couple of years to develop a more integrated court response to domestic violence based on existing court resources.

Breaking the Cycle has provided for additional resources for the court processes including a Legal Aid lawyer to assist and represent private aggrieved applicants for protection orders (including hearings) and a Duty Lawyer to represent respondents on applications and breach charges. Providing for legal advice and representation of parties at the first mention of matters in court has significantly assisted the process, ensuring that parties are making realistic and informed decisions with the support of a legal representative. Early referrals to Legal Aid for advice and or mediation of related issues, such as parenting and property matters, which is possible under the pilot, can also assist with early resolution of those issues.

Non government agencies have been provided with increased funding to provide a broader range of services: counselling services, safety upgrades for aggrieved residences, Temporary Accommodation Ouster Funds and Perpetrator Behaviour Change Programs.

Away from court, the Breaking the Cycle team, which consists of a Senior Sergeant of Police (the former Domestic Violence Liaison Officer), a Child Safety Officer and a Domestic Violence specialist from the private

sector, receive referrals from a number of sources. The largest and most immediate referral agency is the Queensland Police Service. When attending a domestic violence incident, police provide the opportunity of referral to both parties whether or not an application for a Protection Order is taken. Referrals, and whether they are accepted or declined, are noted on any application made to the Court. Referrals are also made by the Court, Legal Aid Office, DV Duty Lawyer, Department of Child Safety, Women’s’ Shelter, non-government organisations involved in domestic violence and other agencies.

The Breaking the Cycle team is a unique service delivery strategy. Contact is made by the team with the client within 24-48 hours of the acceptance of a referral.

A percentage of clients are already engaged with services, however, the team makes contact and provides an opportunity for all individuals and their family. A client may identify as only requiring one service, for example counselling. In such cases the Breaking the Cycle team will refer them to an appropriate service. This pilot has four full time Intensive Case Managers, (ICM), which are positioned in three non-government organisations.

ICMs provide targeted services for people affected by domestic and family violence who are assessed as having complex and/or multiple needs that require responses from within and across organisational boundaries. Integration between government and non-government and including indigenous organisations provide co-ordinated assistance to clients.

Success relies on an ongoing commitment by all stakeholders prepared to engage in integration of services and information exchange (within the limits of the pilot) and flexible service delivery with the primary focus on outcomes for clients.


A path less travelled – exploration in the social landscape of Cape York and the Torres Strait – a personal view.

Magistrate Coates

Cairns magistrates circuit to all major communities from Cairns North including Cape York. Bamaga, Lockhart River, Coen, Cooktown, Hopevale, Wujal Wujal, Weipa, Aurukun, Pormpuraaw and Kowanyama in the Torres Strait.

The Cairns magistrates also circuit to the Torres Strait Islands of Thursday, Saibai, Boigu, Yorke, Mer, Moa (St Pauls and Kubin Village), Yam, Darnley, Badu, Warraber and Mabuiag.

Each Cairns magistrate travels once a month on rotating six month circuits, one week per month.

This is a country which reflects the history of the pre and post contact colonial history. So what is there of interest?

The old saying that no two peoples are alike is akin to Europe where while generically referred to as “Europeans” it could not be said that the Swedish are like the Spanish. The same is true in Australia, where the Wik people of Aurukun are unlike the Kuku Yulangi from Wujal Wujal.

Magistrate Coates on the path less travelled

Not only are the people of this area diverse but the landscape is extraordinary. I often contemplate this diverse history when flying across this remarkable landscape.

While Captain Cook declared Australia for Great Britain on Possession Island (just off the tip of the Cape) in 1770, the Dutch skipper Willem Janszoon on the “Duyfken” was the first recorded European to make landfall in Australia, arriving on the western coast of Cape York at the Wenlock river for water and herbs in 1606, well before any landings of the Dutch in Western Australia.

Then there is the story of Narcisse Pelletier, a French cabin boy on the “Saint Paul” which in September 1858 struck a reef off Papua New Guinea. He then sailed in an open boat across the Coral Sea to North-East Cape York, a distance of some 1,200 kilometres.

Narcisse was abandoned by the boat’s other crew at Cape Direction (eastern coast of Cape York), where he was rescued by the Uutaalnganu speaking Sandbeach people who raised him to manhood. Narcisse was found by the crew of a pearling lugger in April 1875 and sent back to France.

The Torres Strait is moulded by different history and culture.

The islands of Boigu and Saibai are within swimming distance of Papua New Guinea. We hold court there in open halls. Saibai and Boigu are like Venice, sinking with rising sea levels.

Here each island court is as diverse as the next, moulded by sailors who for centuries passed through the Straits, as well as by the “Black Bird” trade with enslaved people from the Solomon Islands to Vanuatu who were shipped to Queensland, and the logical movement of immigrants from Papua New Guinea.

What do you need to undertake these circuits? Firstly a sense of humour, secondly a capacity to cope with the heat. Small aircraft often fly through the air like a try out for a bull ride in the Kowanyama rodeo. Finally


a capacity to cope with unpredictable events, cyclones, engine trouble and changes to the list.

A recent appointment

Magistrate Bentley

It has been a whirlwind five months since I received the phone call from the Attorney-General in April and was appointed as a magistrate in the idyllic location of Cairns.

A very learned colleague recently told me that there is no learning curve involved in being a magistrate - the line goes straight up, and this has certainly been my experience. The Magistrates Court deals with an astonishing variety of matters and I have no doubt that I will be learning for as long as I am here.

Luckily for me, my colleagues have supported and assisted me in every possible way. The Cairns Magistrates Court has eight permanent magistrates, including a coroner. All of them patiently give me advice whenever I ask for it, which has, so far, been on many occasions.

As well as their invaluable advice, I have already had opportunities to attend judicial education programssuch as the Magistrates Conference in Brisbane and the Regional Conference in Ipswich where I benefited from the collective wisdom and experience of magistrates from all over the state, as well as from District and Supreme Court Judges.

I also attended the Phoenix program on the Gold Coast in August 2010. It was a fantastic conference for new magistrates and I left feeling more confident and better equipped to deal with the myriad of issues and circumstances which can arise in our busy courts.

Cairns magistrates sit on circuit more than any other region in the state. So far, I have been to Cape York twice – doing the “Cape A” circuit. That circuit involves sitting in Weipa, Kowanyama and Coen. Never having been to Weipa before, I was surprised at what a

beautiful place it is. The sunsets over the beach, viewed from the balcony of the Weipa Fishing Lodge, are stunning.

I was also pleasantly surprised by the lists at Kowanyama and Coen. I had some expectation that I would encounter high levels of violent crime in the communities, however, so far most of the matters I’ve dealt with have involved public nuisance and driving offences.

The staff at the courthouses are very obliging and the community justice groups at Cairns and in the communities provide an invaluable resource to the court. The elders and others involved do a fantastic job for very little remuneration.

I have been especially fortunate to have the assistance of the court clerks who keep me on track, organise my day and tell me where to go on circuit. Without them I would (literally, in some instances) have been lost.

So, thanks to my colleagues and the fabulous court and support staff, my first five months have been a great, if challenging, experience and I look forward to (since the raising of the retirement age) the next twenty-five years.

Sunset at Weipa


Court performance by jurisdiction

The Magistrates Courts are the court 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.

Out 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.

While the Magistrates Courts finalises the vast majority of offences dealt with in the criminal justice system, the more serious criminal matters dealt with in the Supreme and District Courts of Queensland are also commenced in the Magistrates Courts. After the charges are tested in the Magistrates Courts through a committal hearing they are sent to the Supreme or District Courts where they are finalised.

In addition to the founding Justices Act 1886 and Magistrates Courts Act 1921, there are a number of other pieces of legislation that establish a variety of jurisdictions within the Magistrates Courts. Each of these Acts essentially limits the Court to dealing with particular kinds of matters 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 Court jurisdiction.

Covering these various jurisdictions the Magistrates Courts are required to deal with an extensive number of offences, claims, applications and appeals incorporated in well over 300 different pieces of legislation from Federal, state and local governments.

The work of the Magistrates Courts is generally broken up into the following jurisdictions: Criminal, Civil, Youth Justice, Domestic and Family Violence, Commonwealth, Industrial and Coronial.

Bowen Courthouse


Criminal jurisdiction

Gayndah Courthouse

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 and quasi-criminal matters. These matters are dealt with in the Magistrates Courts as constituted under the Justices Act 1886.

The Magistrates Courts hear and determine all 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 then it conducts a committal hearing to determine if there is sufficient evidence to have the matter proceed to the District Court or Supreme Court for determination.

The total number of defendants dealt with by the Magistrates Courts in the year of reporting is 214,491. This is an increase over last year of 4,992 (+2.38 per cent).

The total number of criminal charges dealt with by the Magistrates Courts in the year of reporting is 366,381. This is an increase over last year of 5,812 (+1.61 per cent).

Graph 1: Defendants in Criminal Proceedings

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Adults


The total figure includes both adult and juvenile defendants. In relation to adult defendants 202,966 adults were dealt with on 340,878 charges. This is an increase in the number of adult defendants over last year of 3,531 (+1.77 per cent) and an increase in the number of charges from last year of 2,966 (+0.87 per cent).

In relation to juvenile defendants 11,525 young people were dealt with on 25,503 charges. This is an increase in the number of juvenile defendants from last year of 1,461 (+14.51 per cent) and an increase in the number of charges from last year of 2,846 (+12.56 per cent).

Graph 2: Charges in Criminal Proceedings

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Moynihan Roundtable

Initiated and chaired by the Chief Magistrate, Judge Butler, the first Roundtable was held on 22 December 2009. The Moynihan Roundtables, as they have become known, have been, and continue to be an important mechanism for identifying workable business operating processes to support the legislative reforms introduced by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010.

Roundtable members include the Deputy Chief Magistrate, Brian Hine and Magistrate Christopher Callaghan; the Director of Public Prosecutions, Tony Moynihan SC; the Chief Executive Officer, Legal Aid Queensland, Anthony Reilly; Deputy Commissioner of Police, Ian Stewart and representatives of the following agencies: Queensland Police Service; Queensland Corrective Services, Legal Aid Queensland (including Aboriginal and Torres Strait Islander Legal Service), the Queensland Law Society, the Bar Association of Queensland, Department of Communities and Department of Justice and Attorney-General.

Key achievements to date include draft Administrative Arrangements which outline the division of responsibility between prosecuting entities in criminal matters; options for provision of legal assistance to defendants in criminal matters; the new disclosure and committal regimes; the way in which ex officio indictments may proceed; and principles of early communication and continuity from first appearance to conclusion of criminal matters.

A single Administrative Arrangement for the whole of Queensland is expected to be signed by key stakeholders in time for commencement of the Act. This will be supported by Practice Directions issued by the Chief Magistrate in consultation with Roundtable members.

The innovative solutions identified, robust discussions held and compromises negotiated within this group mean that these Roundtables will continue into 2010-11.


The workload in the criminal jurisdiction continues to grow. While it translates as a seemingly small increase of just above 2 per cent over the last year, that represents almost 5,000 more people who appeared before the Magistrates Courts than the year before, without an increase in resources.

It is inevitable that the criminal workload of the Magistrates Courts will increase through factors such as:

• the general population increase—the population in Queensland continues to grow at a rate above the national average

• the implementation of the recommendations from the 2008 Review of the Civil and Criminal Justice System conducted by Retired Justice Martin Moynihan AO QC—the government has accepted and is in the process of implementing recommendations from the Review to increase the range of offences able to be dealt with by the Magistrates Courts. The Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 which incorporates the first phase of these changes has been passed by parliament and will take effect from 1 November 2010. The Magistrates Court will be empowered to hear more cases summarily including more serious offences than it has had to deal with before. It is expected this will result in the Court dealing with matters of increased complexity and length. A reduction in the committal workload is expected to offset some of the extra work, however it is anticipated that overall the implementation of the Review recommendations will increase the criminal workload of the Magistrates Courts.

Civil jurisdictionThe Magistrates Courts, as established by the Magistrates Court Act 1921, may determine civil claims up to a value of $50,000.

In addition to the basic type of all encompassing claim this includes two types of limited claims called Minor Debt Claims and Small Claims.

A Minor Debt Claim can be made for a value of up to $7,500 and is a more cost-effective and less formal method of resolving a civil dispute than the normal type of claim, however it is limited to debts or liquidated claims. It uses a simplified procedure where the usual strict rules of evidence do not apply in the hearing, lawyers are not involved and there is no appeal allowed against the result.

A Small Claim is heard in the Small Claims Tribunal, as established by the Small Claims Tribunals Act 1973, and may be for a value of up to $7,500. It too is a more cost-effective and a less formal method of resolving civil disputes than the normal type of Claim, however it is limited to residential tenancy disputes, disputes between consumers and traders, claims for damages arising out of the use of a motor vehicle and warranty claims under the Property Agents and Motor Dealers Act 2000. When the Small Claim is lodged it is immediately given a hearing date and at the hearing the usual strict rules of evidence do not apply, lawyers are not involved and there is no appeal allowed against the result.

On 1 December 2009 the Queensland Civil and Administrative Tribunal (QCAT) commenced and took over the hearing of Minor Debt Claims and Small Claims, grouping them in their Minor Civil Disputes jurisdiction. In South-East Queensland members of QCAT hear these minor civil disputes however in the rest of Queensland magistrates continue to hear these matters on behalf of QCAT.


During 2009–10:

• a total of 41,061 claims were dealt with in the Magistrates Courts. This figure incorporates all Claims, Minor Debt Claims and Small Claims. This is a decrease from last year of 19,006 (-31.64 per cent). Minor Debt Claims and Small Claims were taken over by QCAT, which commenced operations on 1 December 2009.

• the number of claims dealt with was 30,695, an increase over last year of 1,411 (+4.81 per cent).

• the number of Minor Debt Claims dealt with was 5,130, a decrease over last year of 9,407 (-64.71 per cent). Minor Debt Claims were taken over by QCAT in December.

• the number of Small Claims dealt with also decreased to 5,236, which is 11,010 less than last year (-67.77 per cent). Small Claims were also taken over by QCAT.

The monetary limits in the civil jurisdiction have been in force for a number of years, however the Government has accepted and is in the process of implementing recommendations from the 2008 Review of the Civil and Criminal Justice System conducted by Retired Justice Martin Moynihan AO QC which include an increase in the monetary limits. The Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 which incorporates the increase in the monetary limits for the Supreme, District and Magistrates Courts civil jurisdiction has been passed by parliament and will take effect from 1 November 2010.

The additional claims the Magistrates Courts will deal with will of course be larger than any they have had to deal with previously. This increase in monetary jurisdiction will obviously impact on the workload of the Magistrates Courts.

Queensland Civil and Administrative Tribunal

The Queensland Civil and Administrative Tribunal (QCAT) commenced on 1 December 2009 under the Queensland Civil and Administrative Tribunal Act 2009.

QCAT is an entity apart from the Magistrates Courts and produces its own annual report.

QCAT has many jurisdictions however its largest jurisdiction is Minor Civil Disputes. This is an amalgamation of the Minor Debt and Small Claims jurisdictions that were previously a part of the Magistrates Courts. On 1st December 2009 when QCAT commenced the Magistrates Courts lost that portion of its work. Statistics in relation to Minor Civil Disputes will be reported in the annual report of QCAT.

While minor civil disputes are now in the QCAT jurisdiction and in South-East Queensland members of QCAT hear the minor civil disputes, in the rest of Queensland magistrates hear minor civil disputes as members of QCAT. Magistrates outside of South-East Queensland are continuing to hear these same matters just as they were before the change to QCAT.

From 1 December 2009 to the end of the reporting period Magistrates dealt with 5758 Minor Civil Disputes on behalf of QCAT.


Domestic and family violence

The purpose of the Domestic and Family Violence Protection Act 1989 is to provide for the safety and protection of people from further violence in a domestic relationship through the making of Protection Orders. It 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 self-represented, distraught at having details of their personal lives aired in Court, emotional in the face of a breakdown of the relationship to which the application relates, anxious about the future and they may be in fear of their safety.

The importance of Protection Orders is well recognised - they not only provide for the safety and security of the aggrieved person but also provide an element of control and stability which helps them to carry on with their lives.

The police often assist the aggrieved person in their applications to the Court by appearing for them. The police also have a responsibility to make applications for Protection Orders if they witness domestic violence.

In many centres Domestic Violence Support Services are available and they are of great benefit to the aggrieved person.

During 2009–10, applications for protection orders lodged in Queensland increased to 22,754, an increase of 1,685 lodgements (+7.99 per cent) over the previous year.

Pomona Courthouse


CommonwealthThe Judiciary Act 1903 (C’th) provides that state courts hold their same jurisdiction in relation to people who are charged with offences against the laws of the Commonwealth. While the proceeding is conducted according to state laws it is the Crimes Act 1914 (C’th) that sets out the sentencing provisions.

The main areas dealt with by the court under Commonwealth legislation are to do with taxation, social security and customs.

The number of charges dealt with by the Magistrates Courts during 2009–10 was 9,621, which is a decrease of 1,048 (-9.82 per cent) over last year.

The number of defendants dealt with was 3,276, which is a decrease of 390 (-10.63 per cent) over last year.

Industrial Magistrates CourtThe Industrial Relations Act 1999 authorises every magistrate in Queensland to sit as an industrial magistrate.

The matters industrial magistrates hear are: appeals against decisions of Q-Comp, wage claims and prosecutions that relate to workplace health and safety and electrical safety.

The number of appeals against decisions of Q-Comp dealt with by the Court throughout 2009–10 was 239, which is a decrease of 16 (-6.27 per cent) over last year.

The Industrial Magistrates Court shares the jurisdiction to hear these appeals with the Industrial Commission. The Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010, which will take effect from 1 November 2010, removes the ability for an Industrial Magistrate to hear these appeals leaving the jurisdiction solely in the hands of the Industrial

Commission. This reduction in workload will help to offset the increased workload in the Magistrates Courts due to the expanded criminal and civil jurisdictions.

Under the Workplace Health and Safety Act 1995 the Court dealt with 112 defendants who were charged with a total of 127 charges. That is a reduction of 31 defendants (-21.67 per cent) and 24 charges (-15.89 per cent) from last year.

Under the Electrical Safety Act 2002 the Court dealt with 34 defendants who were charged with a total of 119 charges. That is an additional nine defendants (+36 per cent) and a reduction in charges of three (-2.45 per cent) from last year.


Childrens CourtThe Childrens Court is established under the Childrens Court Act 1992 and provides for the appointment of a Childrens Court Magistrate. Magistrate Dowse is the Childrens Court Magistrate and sits at the Brisbane Childrens Court. The Act allows that any magistrate may constitute a Childrens Court when required.

In addition to its criminal jurisdiction under the Youth Justices Act 1992, the Childrens Court exercises 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 of Children Act 1964.

The Youth Justice Act 1992 was formerly known as the Juvenile Justices Act 1992, and that was its name at the start of the period covered by this report. On 29 March 2010 there were a number of amendments made to the Act, including the change of its title. The Youth Justices Act 1992 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.

As indicated under the heading Criminal Jurisdiction, during 2009–10, 11,525 young people appeared before the Childrens Court on a total of 25,503 charges. This is an increase from last year of 1,461 young people (+14.51 per cent) and 2,846 charges (+12.56 per cent).

The Magistrates Court deals with virtually all Childrens Court criminal matters, either finalising them or conducting a committal hearing before they are referred to the District Court, Supreme Court or Childrens Court of Queensland Judge. Childrens Court Magistrates finalised over 92 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 vast majority of these conferences are successful and result in all parties, including the victim, being satisfied with the outcome of the proceeding.

Child protection applications are heard in the Childrens Court, however, urgent applications may be made after hours by telephone or fax. Many of these applications are contested, but a large portion are resolved in court ordered conferences.

During the reporting year 3,532 child protection applications were lodged, a decrease of 543 (-13.32 per cent) over last year.

Further information about the operations of the Childrens Court can be obtained from the Childrens Court of Queensland Annual Report.

Childrens Court Magistrate Pam Dowse


Coroners CourtThe Coroners Court is established under the Coroners Act 2003 which requires the investigation of particular kinds of deaths. The Act establishes the role of the State Coroner who is responsible for overseeing and co-ordinating the coronial system. State Coroner Barnes is assisted by Deputy State Coroner Clements in this task. Additionally there are three regional Coroners: Magistrate Lock is the Brisbane Coroner; Magistrate Priestley is the Northern Coroner located at Cairns; and Magistrate Hutton is the Southern Coroner, located at Southport.

In addition to the full-time coroners all magistrates hold an appointment as a coroner under the Coroners Act 2003 and are able to carry out inquests.

During 2009–10 the number of deaths reported to coroners across Queensland was 4,256, which is an increase over last year of 511 (+13.64 per cent).

Coroners held 78 inquests during the reporting year, which is an increase over last year of nine (+13.04 per cent).

Further information in relation to the Coroners Court may be found in the Office of the State Coroner annual report.

Office of the State CoronerThe Office of the State Coroner (OSC) supports the State Coroner in administering and overseeing a co-ordinated coronial system in Queensland. The OSC provides legal and administrative support to the State Coroner, the Deputy State Coroner, the Brisbane Coroner, the Northern Coroner, the Southern Coroner and local coroners and registry staff in Magistrates Courts across the state. The Office also provides publicly accessible information to families and others about coronial matters, as well as maintaining a central point of contact for the coronial system.

The Registrar of the OSC is Brigita White. The OSC comprises 30 staff members. Of these, 22 are based in Brisbane, four in the Northern Coroner’s Office in Cairns and four in the Southern Coroner’s Office in Southport.

The Coroners Case Management System (CCMS) commenced operation on 1 July 2009. This custom designed system significantly enhances the case management of coronial files and provides more accurate information about deaths reported to coroners. The CCMS also interfaces with the National Coroners Information System to improve the quantity and quality of Queensland data. System enhancements were released in June 2010 to build on CCMS’ functionality.

In November 2009, the Coroners and Other Acts Amendment Act was enacted and made a range of mainly technical and procedural amendments to the Coroners Act 2003. The OSC was responsible for implementing the changes by advising stakeholders and court staff about the changes and revising forms and all publicly available information.

The OSC is responsible for administering the Burials Assistance Scheme and the Conveyance of Bodies program through the management of contracts with funeral directors and local authorities across the state. During 2009-10, the OSC commenced the tender and evaluation process for new government undertaker contracts in preparation for the expiration of existing

State Coroner Michael Barnes


contracts in December 2010. This process has included clarifying contractor boundaries which will assist in improving the provision of services across the state.

The Office of the State Coroner has also participated in regular forums with key stakeholders including Queensland Health, the Queensland Police Service, the Health Quality and Complaints Commission and representatives of the funeral industry, with a view to improving communication and interaction with our coronial partners.


Innovative courts and programs

The Magistrates Courts and the Department of Justice and Attorney-General have been working together to find new ways to address crime-related social problems such as drug and alcohol dependency, homelessness and other elements of social disadvantage that have led to the over-representation, in the criminal justice system, of people experiencing these conditions. To achieve this, a number of strategies and initiatives have been developed over the past few years.

In May 2006, the Courts Innovation Programs Unit was created within the Queensland Magistrates Courts to bring these strategies and initiatives together. Administrative and court resources support the efforts of ‘mainstream’ courts to develop and provide these initiatives and an expanding range of programs to address specific crime-related social problems. The role of this unit is to co-ordinate and support the various diversion programs, based on the principles of ‘therapeutic jurisprudence’, which have been developed by the Court to address some of the underlying factors which precipitate repeated criminal behaviour.

Given their experimental nature, the programs supported by the unit have been run as pilot programs, initially in a limited number of locations, for a set period of time. During the trial period, each initiative is fully evaluated to determine its viability.

The current initiatives supported by the unit are:

• Special Circumstances Court Diversion Program (Brisbane)

• Drug Courts in North and South-East Queensland (Cairns, Townsville, Southport, Ipswich and Beenleigh)

• Illicit Drugs Court Diversion Program (All courts)

• Queensland Magistrates Early Referral Into Treatment (QMERIT) drug diversion pilot program (Maroochydore and Redcliffe).

• Murri Courts (17 sites including five funded evaluation sites at Brisbane, Caboolture, Townsville, Mount Isa and Rockhampton)

• Community justice groups (52 funded groups and eight unfunded groups)

• Queensland Indigenous Alcohol Diversion Pilot Program (Cairns, Townsville and Rockhampton with outreach to Yarrabah, Palm Island and Woorabinda)

• Remote Justice of the Peace (JP) Program with eight discrete indigenous communities conducting JP Courts: Aurukun, Cherbourg, Kowanyama, Lockhart River, Mornington Island, Bamaga, Woorabinda and Pormpuraaw.

A description of the first four programs follows, while the other programs are described in the Indigenous Justice section.

Special Circumstances Court Diversion ProgramThe pilot Homeless Persons Court Diversion Program commenced in May 2006 in the Brisbane Magistrates Court district. Under the Queensland Governments Responding to Homelessness Initiative the program received funding as a two-year pilot ending in 2008.

In December 2008 the expanded Homeless Persons Court Diversion Program received further funding of $1.1M to cover its first year of operation, and $1.3M per year to cover the second and third years of the pilot. The Special Circumstances Court deals with people who have committed minor offences whose personal circumstances, such as mental illness, intellectual impairment, and/or homelessness have contributed to their offending behaviour.

Convening on Wednesdays, Thursdays and Fridays at the Brisbane Magistrates Court, 363 George Street, this Court provides a separate path through the court


process for adults pleading guilty to summary offences who are:

• homeless, or at risk of being homeless; or

• suffer from impaired decision-making capacity as a result of mental health issues, intellectual disability or brain/neurological disorders.

The program’s objective is to divert people assessed as eligible for the Special Circumstances Program, who are charged with summary offences, to relevant support services, such as health and accommodation services, and to interrupt the cyclical nature of their offending by addressing the underlying causes of their offending behaviour.

The diversion program continues to assist defendants by case-working with them towards permanent accommodation, and social needs. The program also continues to assist defendants with lifestyle issues which are frequently another reaction to their inability to secure permanent housing.

Since the commencement of the pilot, 1,369 people have been referred to the diversion program, of which 773 referrals were assessed as eligible. As at July 2010, there are 114 defendants active in the program.

Drug CourtsDrug Courts are now in their eighth year of operation in North Queensland, and their tenth year in South-East Queensland. They were established under the Drug Court Act 2000 to impose and oversee Intensive Drug Rehabilitation Orders (IDROs) and are an attempt to break the drugs-crime-imprisonment cycle for serious drug users. Drug Courts are at the ‘hard end’ of the court-sanctioned drug diversion spectrum. They provide intense rehabilitative intervention and supervision as an alternative to immediate imprisonment for entrenched drug-dependent offenders whose dependence on illegal drugs leads them into criminal behaviour.

Drug Courts are set up to achieve five specific goals:

• to reduce the illicit drug-dependence of offenders

• to reduce the criminal activity associated with illicit drug use

• to reduce the health risks associated with illicit drug use by offenders

• to promote the rehabilitation of drug offenders and their reintegration into the community

• to reduce the pressure on court and prison systems.

While the Department of Justice and Attorney-General is the lead agency for the Drug Courts, the program represents a joint initiative involving six other state public sector partners (Queensland Health; Queensland Corrective Services; Queensland Police Service; Legal Aid Queensland; Department of Communities; Housing and Homelessness Services), as well as non-government community-based service providers.

The length of each Drug Court Order is based on the individual offender’s circumstances; however most offenders who persevere on the program take about 15 months to complete all of the three phases – detoxification, stabilisation, and reintegration. While on the program, participants may be required to undergo rehabilitation in a residential centre setting, or they may be required to undertake community-based


intervention. A supported-accommodation setting is also available to assist in re-establishing appropriate resettlement goals in the short term.

To graduate from the program, participants are required to have achieved a substantial period of abstinence from illicit drugs and be either employed or have developed job-readiness skills by the end of the intervention.

The Drug Court program has been subject to a number of evaluations over the period of its development. The most recent being a study published in March 2008 by the Australian Institute of Criminology (AIC) into the recidivism of the first one hundred graduates of the program. The study found that graduates’ general offending declined by around 80 per cent compared to the twelve month period prior to their undertaking the program. This recidivism outcome is 17 per cent higher than that of two comparison groups – those Drug Court participants who did not finish the program, and a separate offender sample who had been sentenced to immediate imprisonment for similar drug-related offences. The study also found that after graduating the rate of property-related offending by graduates declined by 94 per cent compared with the pre-program period.

During the reporting year 2,276 referrals were made to the Drug Court, from which 1,375 Intensive Drug Rehabilitation Orders (IDROs) were made in the five Queensland Magistrates Courts that offer the program. At this time 849 ineligible candidates were returned to the mainstream courts for sentencing. Although 360 participants have successfully graduated from the program, 871 participants have been terminated from the program and sentenced, having been unable to remain drug and offence free, despite the intense supervision and support provided to them.

Because graduates have persevered on the program to completion, they have been sentenced, on graduation, to alternatives to actual imprisonment; consequently, the community has been saved the cost of resources equivalent to 538 years of actual imprisonment time.

At 30 June 2010, there were 144 participants still subject to an IDRO, of which 117 were actively participating in the Drug Court program.

Table 1: Drug Court supervised participants by region, as at 30 June 2010

Southeast Queensland

Townsville Cairns

Number enrolled 99 29 16

Number in community 52 22 12

Number in residential rehabs

23 5 3

Number absconded (warrants)

24 2 1

Total number referred 1,683 342 251

Total ineligible candidates 634 115 100

Total IDROs granted 1,023 214 138

Total number terminated 666 122 83

Total number graduated 260 60 40

At 30 June 2010, 31 participants were accommodated in specialised residential Rehabilitation Centres such as Mirikai, Moonyah, Logan House, Fairhaven, Goldbridge and Goori House in South-East Queensland and Stagpole Street, Ozcare and Salvation Army facilities in North Queensland; 31 participants were accommodated in Accommodation Support Programs in both regions.

Illicit Drugs Court Diversion ProgramThe Illicit Drugs Court Diversion Program, funded by the Commonwealth Department of Health and Aging through the Queensland Illicit Drug Diversion Initiative, began in the Brisbane Magistrates Court district in March 2003, and was rolled out in all Queensland Magistrates Courts in July 2005.

The Illicit Drugs Court Diversion Program is for offenders appearing in court in the early stages of drug-related criminal behaviour. Initially, the program was offered


to eligible offenders charged with minor drug offences under section 9 (possession of a dangerous drug) and section 10(2) (possession of a drug utensil) of the Drugs Misuse Act 1986. However, the scope was expanded when legislation was passed in September 2007, allowing offenders charged under section 10(4) of the Act (fail to dispose of a syringe and fail to take reasonable care with a syringe) to be included on the program.

This diversion program allows adult and juvenile offenders the option of rehabilitation through counselling and an opportunity to minimise their criminal history record because successful completion of the program means no conviction is recorded. The court places suitable candidates on a Recognisance Order (also known as a good behaviour bond), under section 19(1)(b) of the Penalties and Sentences Act 1992, with a condition to attend a drug assessment and education session. A qualified health service provider then conducts the combined assessment, education and counselling session with the offender, which is usually of about two hours duration. The offender is also provided with information and advice on the health effects of illicit drug use and the legal consequences of continued use.

Table 2: summary of statistical information Illicit Drugs Court Diversion Program

Result: Not Diverted

2,800

Diversion Program Completed

19,644 (90%)

Total Diversion Assessments

24,668

Diversion Process Incomplete 157 (0.7%)

Result: Diverted into Program

21,868

Diversion Program Terminated

2,067 (9.3%)

The compliance rate for counselling session attendance has consistently averaged 90 per cent. In default of compliance, action is taken to forfeit the offender’s recognisance and re-sentence the offender by the court.

A detailed review of recidivism patterns of program graduates was undertaken in November 2007. An analysis of all age groups, including juveniles, was examined for the period 2003 to 2007. The results indicate that the re-offending rate for program graduates is significantly lower (30 per cent) for first-time offenders compared with program graduates with a history of court appearances (67 per cent). These figures indicate that program participation, at least in the short term, could be a factor in reducing or delaying further illicit drug use and criminal drug activity.

Queensland Magistrates Early Referral Into Treatment ProgramThe Queensland Magistrates Early Referral Into Treatment program (QMERIT) commenced in August 2006 with pilot programs in the Maroochydore and Redcliffe Magistrates Courts. The program is funded by the Commonwealth Department of Health and Aging in support of the Queensland Illicit Drugs Diversion Initiative. QMERIT is for offenders with moderate drug offending histories. It encourages individuals who are charged with drug-related offences to take responsibility for their drug-related behaviour and undertake treatment for their illicit drug-use problems while they are on bail and before they are sentenced.

The QMERIT program is based on legislative amendments (section 11(4)) made to the Bail Act 1980 which allows magistrates to impose on a defendant, as a condition of bail, participation in a treatment program for a minimum of four months and, if required, to submit to an after-care program. This is a voluntary form of pre-sentence diversion program and is an alternative to


imposing treatment as a condition of sentence, such as the Drug Court program.

While on bail, the offender is obliged to engage in a drug treatment program, abide by any other conditions of bail and comply with the QMERIT Court Liaison and Case Management Service Agreement. Participants have the support and guidance of a caseworker and are required to appear monthly before the magistrate throughout the bail period, during which time the magistrate receives reports on the progress of the treatment.

Table 3: outcome statistics of offenders referred to QMERIT at Maroochydore and Redcliffe

Mar

ooch

ydor

e

Redc

liffe

Total: All referrals 680 502

Eligible referrals: admitted to Program 367 254

Ineligible referrals: (reason) 98 65

(Charged with indictable offences) (46) (9)

(Not an adult) (3) (2)

(No demonstrable drug problem) (14) (23)

(Not eligible for bail) (30) (28)

(Sexual violent offences) (5) (3)

Unsuitable referrals: (reason) 208 179

(Resides outside of effective treatment area) (18) (1)

(Already in court ordered treatment) (9) (5)

(Mental health problem) (8) (12)

(Unwilling to participate) (161) (84)

(Other) (12) (77)

Pending assessment referrals: 7 4

Mar

ooch

ydor

e

Redc

liffe

Total: admitted to Program 367 254

Current participants 37 23

Completed, not graduated (not drug free) 42 26

Breached 65 90

Withdrew 62 18

Transferred 1 0

graduated 160 97

Mar

ooch

ydor

e

Redc

liffe

Total: principal drug of concern 680 502

Cannabis 329 267

Amphetamines 170 102

Opiates 80 4

Poly drug 29 112

Other 72 17

An evaluation of the program by Turning Point Drug and Alcohol Centre was due for completion in 2008, but has been extended and is now due in October 2010.


Indigenous justice

Courts held in indigenous communitiesTo convene Courts at indigenous communities, magistrates fly and drive to remote and rural areas that are located from the South-West corner of Queensland to islands in the Torres Strait.

By holding Court in these remote communities, the local residents can observe the justice system at work which leads to greater trust and respect. In addition, the magistrate has access to critical information from the community which ensures that the Court is fully informed and that the offender is dealt with fairly.

The Magistrates Court recognises that it must have support, trust and respect from the indigenous community if it is to make a meaningful difference to the offender and the quality of life in that community.

Indigenous language interpretersIn indigenous communities, language can be a barrier to offenders’ understanding of how the legal process works, the reason why they are before the Court and the reasons for the decisions of the magistrate. Apart from the magistrate using language that is easily understood by the offender, the Court often needs an indigenous language interpreter to help communicate with the offender. Therefore, it is appreciated that, during 2008, the Attorney-General initiated an indigenous interpreters’ accreditation project in Aurukun.

Wik Mungkan Interpreters have successfully supported the Aurukun Circuit Court on a monthly basis since November 2008. They are engaged to provide interpreting support during the three consecutive court sitting days each month, which include a callover and Childrens Court.

This support to the Magistrates Court circuit assists greatly with improving communication between members of the Aurukun community and magistrates and judges, as well as other service providers and agencies.

Community justice groupsCommunity justice groups (CJG) have been operating in urban and remote communities since 1993.

There are two types of CJG — statutory and non-statutory. The statutory CJGs operate in discrete indigenous communities, usually in remote areas and are established by regulation under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984. This act confers a legislative role on the CJGs, in dealing with alcohol management issues. Non-statutory CJGs operate in both urban and regional areas of Queensland.

Each CJG is made up of volunteers from the elders and respected persons in the community. The co-ordinators of each group receive administrative support from a Regional Advisor employed by the Department of Justice and Attorney-General. New groups have been established in Goondiwindi and Tully-Cardwell, increasing the number to 52. The main aims of these groups are to:

• develop networks with agencies in their respective community to ensure that issues affecting indigenous communities are addressed and have a particular focus on the development of crime prevention programs

• support indigenous victims and offenders at all stages of the legal process

• support group members to participate in court hearings and sentencing processes as required by statute


• encourage diversionary processes such as civil and criminal mediation, youth justice conferencing, community service orders and supervised orders

• advise the relevant government agencies on issues about the possession and consumption of alcohol in a community area (Statutory groups only).

Under the Penalties and Sentences Act 1992, Youth Justices Act 1992, Childrens Court Act 1992 and the Bail Act 1980, when dealing with Aboriginal and Torres Strait Islander offenders in Queensland, judicial officers must take into consideration the submission of interested local CJGs.

During 2009-10, CJGs assisted more than 43,000 clients and made more than 4,000 oral and written submissions to the court.

This year, the state-wide Community Justice Reference Group met three times, which provided an opportunity to consult on the new Aboriginal and Torres Strait Islander Justice Strategy and the future Murri Court and Queensland Indigenous Alcohol Diversion Program model.

The CJG program is being independently evaluated by KPMG and will undertake a review of practice, operations, policy and legislation related to the operation of the program. They will also identify strategies to guide the future direction of CJGs. The evaluation is expected to be completed by 30 September 2010.

Certificate IV in Business Governance

At the end of 2008, a partnership was formed between the Department of Justice and Attorney General and the North Brisbane Institute of TAFE to deliver Certificate IV in Business (Governance) courses to members of Community Justice Groups across Queensland.

During 2009-10, 35 students have been awarded with a Certificate IV in Business (Governance). Successful students belong to Community Justice Groups from Lockhart River, Kuranda, Yarrabah, St George, Mossman,

Cairns, Doomadgee, Charters Towers, Townsville, Mount Isa, Cloncurry, Rockhampton, Maryborough, Cherbourg, Brisbane, Kowanyama, Pormpuraaw, Napranum and Cunnamulla.

Many CJGs have benefited from the training by acquiring new skills and improving existing performances, particularly in areas such as organisational management, roles and responsibilities of board members, financial management and accountability.

Communication with justice groups

As already highlighted, the community justice groups, including the elders and respected persons, are the cornerstone of a partnership between indigenous communities and the magistrates who sit in them. Information is provided to magistrates who are sentencing indigenous offenders because under the Penalties and Sentences Act 1992 and the Youth Justice Act 1992 they are required to consider relevant submissions from Community Justice Groups, including elders and respected persons. Magistrates use this information to deliver decisions more likely to result in positive lifestyle changes for offenders. As a result, benefits then flow to their family and the community in general.

Through consultation, during the court process, with CJGs, elders and other respected persons, magistrates are assisted in making culturally appropriate decisions. By understanding the issues in the community that result in offending behaviour, magistrates can then support CJGs in their efforts to rehabilitate offenders, advance positive lifestyle and behaviour change, and restore community values. CJGs are in the best position to assess the need for initiatives which rehabilitate individuals and repair fractured family relationships.

Importantly, the CJGs are a vital link between the court and offenders as they can help the offender better understand the court process. The offender is an active participant in the process if required to confront the elders of their community and accept responsibility for their behaviour.


Justices of the PeaceThe Remote Justices of the Peace (JP) Magistrates Court program offers Aboriginal and Torres Strait Islander people opportunities to play positive roles within the justice system and their communities.

In participating indigenous communities, two JPs constitute court in the absence of a magistrate.

The JPs have the responsibility for hearing and determining charges relating to simple offences or indictable offences which might be dealt with summarily where there is a guilty plea, and hear bail and domestic violence applications.

The program commenced in 1993 at three sites: Kowanyama, Bamaga and Thursday Island.

Since then, 18 communities have received training: Aurukun, Badu Island, Northern Peninsula Area, Cherbourg, Doomadgee, Hope Vale, Kowanyama, Lockhart River, Mornington Island, Mer Island, Mapoon, Napranum, Palm Island, Pormpuraaw, Thursday Island, Woorabinda, Wujal Wujal and Yarrabah.

JP Courts are held regularly in Aurukun, Cherbourg, Kowanyama, Lockhart River, Mornington Island, Bamaga, Woorabinda and Pormpuraaw.

Queensland Indigenous Alcohol Diversion ProgramThe Queensland Indigenous Alcohol Diversion Program (QIADP) began in July 2007 as a three-year pilot at Cairns (including Yarrabah), Townsville (including Palm Island), and Rockhampton (including Woorabinda). The goal is to improve indigenous health and reduce the over-representation of indigenous people in the criminal justice and child protection systems. The program is made up of two elements – a family intervention stream and a criminal justice stream.

The features of the QIADP criminal justice stream include:

• bail-based pre-sentence program (can still plead not guilty at end of program)

• voluntary 20-week program designed to reduce alcohol consumption which leads to criminal and parental neglect behaviours

• eligibility is determined by the magistrate (must be at least 17 years old, be of indigenous descent, eligible for bail, and be charged with offences that can be dealt with summarily)

• suitability is determined by an Alcohol, Tobacco, and Other Drugs Service clinical assessment (motivation, programs required and availability)

• participants are placed on an Individual Treatment Plan developed by Queensland Health which has input from Community Justice Groups and indigenous service providers

• the Plan is endorsed by the Court and the defendant is placed on bail on condition they participate in the QIADP program

• successful completion must be taken into consideration by the magistrate when the defendant is ultimately sentenced (Penalties and Sentences Act 1992 section 9 (2)(o) applies).

During the reporting year 793 participants were referred to Queensland Health for assessment. Of these 716 were referred through the criminal justice stream and 77 through the child safety stream.

From commencement to 30 June 2010, there have been 154 participants who have graduated from the program, 138 through the criminal justice stream and 16 through the child safety stream.

In addition, 55 participants are actively engaging in the program in the six pilot sites of Cairns, Yarrabah, Townsville, Palm Island, Rockhampton and Woorabinda; 38 through the criminal justice stream and 17 through the child safety stream.


The QIADP has been independently evaluated by Success Works. The final report is available on the Department of Justice and Attorney-General’s website.

The Evaluation Report cited positive findings in relation to the initial objectives of the program, including:

• improved health and social outcomes for participants

• reduced levels of alcohol consumption and offending

• improved parenting capacity and

• diversion of offenders from higher level penalties.

Murri CourtIt is of concern that indigenous Queenslanders are disproportionately over represented in our prisons and detention centres.

The Murri Court is effective in providing practical access to justice for Aboriginal and Torres Strait Islander offenders and provides responsive justice outcomes that focus on the rehabilitation and reintegration of indigenous offenders into their community.

The Government provided the department with $5.3M over four financial years from 1 January 2007 to support the operations of the Murri Court in five locations — Brisbane, Caboolture, Rockhampton, Townsville and Mount Isa.

In addition to appearing before a magistrate, the Murri Court brings defendants before elders and respected persons, who can provide advice to the magistrate about cultural issues, assist the offender in understanding court processes and provide advice to the magistrate on sentencing options that they consider appropriate for the offender.

Murri Court elders also act as a link between the court and services offered to and by local indigenous communities.

Three new Murri Courts have been established in Maryborough, Charters Towers and Toowoomba. This means that throughout the state, 17 Murri Courts are operating, the highest number of indigenous specific courts in any state or territory in Australia.

From 1 January 2007 to 30 June 2010, 2,389 referrals were made to the five evaluated Murri Courts. Of the 2,389 referrals, 1,833 have received a final sentence. This is inclusive of both the adult and youth Murri Court jurisdictions.

Statistics on the five adult evaluation courts indicate that 79 per cent of adult Murri Court participants were diverted from prison in 2009-2010.

Twelve “non-evaluation” Murri Courts have been established in Cairns, Caloundra, Charters Towers, Cherbourg, Cleveland, Coen, Ipswich, Mackay, Maryborough, Richlands, St George and Toowoomba.

The growth in the number of Murri Courts is testimony to the support for and success of the program within indigenous communities across Queensland.

Six Murri Court sash presentations have taken place this financial year, where Murri Court elders and respected persons have been presented with ceremonial sashes to recognise the special role they play within the state’s justice system. The sashes represent a “badge of office” for elders and respected persons who work so hard to service their community.

Evaluation of Murri Courts

The independent evaluation of the Murri Court program was completed in April 2010 and concluded that the program significantly improved the relationship between the Courts and indigenous communities, reduced bail breaches for failure to appear and provided a culturally appropriate Court environment for sentencing indigenous offenders that prompted participative justice.

Further funding has been provided in 2010-11 for Murri Courts and the Queensland Indigenous Alcohol


Diversion Program to maximise flexibility and explore greater efficiencies including the amalgamation of administrative functions.

The Murri Courts contribute to ensuring that criminal justice processes have a greater cultural legitimacy for indigenous offenders and their victims.

Murri Court Training and Support Initiative

On 21 May 2010 a graduation ceremony was held at the Brisbane Magistrates Court for the second iteration of the Brisbane Murri Court Training and Support Initiative (MCTSI).

The MCTSI is a six-week bail program delivered in two parts; the first part is a Living Skills Program which looked at positive self-awareness, self-control and self-expectancy, nutrition, budgeting and trust exercises with a strong emphasis on culture.

The Living Skills Program designed and delivered by the Brisbane Murri Court Case Co-ordinator assisted indigenous participants to gain a greater understanding of their cultural heritage and make informed decisions about the course they want their lives to take.

The second part saw participants undertake a Certificate 1 - General Construction Qualification which was delivered by the Construction Skills Training Centre in partnership with the Department of Justice and Attorney-General. The program was very successful with seven participants graduating with qualifications and each with a new perspective on their life.

The Brisbane Murri Court Case Co-ordinator has sourced further work experience for four graduates commencing at Bovis Lend and Lease’s, Supreme and District Courts building site. The graduates’ success and prospective employment will be taken into consideration when sentenced before the Brisbane Murri Court.

The Honourable Cameron Dick Attorney-General and Minister for Industrial Relations, Jennifer Huxley, Kerri Ward, Kenny Trindle, Lawrie Masso, Judge Butler, Scott Luxton, Michael Bice, Neville Huxley, Fay Mitchell, Dicky Davidson, Richard Homer, Mervyn Santo, Magistrate Smith


Charters Towers Murri Court opening

The Charters Towers Murri Court was opened by the Honourable Cameron Dick, Attorney-General and Minister for Industrial Relations on 16 February 2010. The ceremony opened with a blessing of the Courtroom conducted by Pastor Lawrie Masso and Pastor Tiquiri.

The Chief Magistrate, Judge Butler and the Acting Director-General, Mr Phil Clarke also attended. Judge Butler spoke about his and the Queensland magistrates support for the Murri Court. The Attorney-General also expressed his support for the Court and publicly thanked the elders for their time and commitment to establishing the Court. He then presented the elders with Murri Court sashes which the elders are able to wear in Court. The sashes are an acknowledgment of the significant role that the elders play in delivering just outcome for the indigenous community.

Mr Bill Jerri, the Co-ordinator of the Gudjal Community Justice Group, spoke about the work the Justice Group had been doing over the past ten years and how they had been working towards the establishment of a Murri Court.

The Charters Towers Murri Court sits once every two months for adult matters and once a fortnight for youth Murri Court (depending on numbers).

The Murri Court sash

Elders and respected persons volunteer their time in the courts, sitting with the Magistrate and offering culturally appropriate advice to persons appearing in court.

The elders and respected persons work collaboratively within the courts to make the courts more responsive to client needs, and better focussed on therapeutic and rehabilitative sentencing and bail outcomes.

The Murri Court sashes highlight the status and importance that the Murri Court elders command, and the key role they play in assisting Courts to dispense culturally relevant justice to the Indigenous people who appear.

The sashes were introduced by Brisbane Murri Court Case Coordinator Stephen Pitt, and its design, which is the result of a ‘Face of Murri Court’ competition in 2008, incorporates the colours of the Aboriginal and Torres Strait Islander flags.

The wearing of sashes by elders and respected persons in Court and during official functions helps to promote a uniform identity across all of the State’s 17 Murri Courts.

Honouring our elders

During 2009-2010, Queensland’s Murri Courts lost a number of much loved and respected elders. We take some time in this annual report to remember those we lost and the legacy they have left behind.

Aunty Alice Dowden

Townsville Murri Court Elder Aunty Alice Dowden passed away on 18 March. During a moving tribute in court the following day, Aunty Alice was remembered as having a heart of gold and being a firm, respected elder of great compassion and kindness.

A proud Wulgurukaba woman, Aunty Alice was one of the founding Townsville Murri Court elders and one of several people who worked hard and passionately to become the backbone of the court. As an elder, she was involved in Murri Court, youth Murri Court and the Queensland Indigenous Alcohol Diversion Program.


Aunty Alice firmly believed that changes in offending behaviour, which are the goal of the Murri Court, must be driven by those within the indigenous community. Her cheeky sense of humour and fun, her tough, firm character and her ability to connect with people coming through the court made her a respected, vital member of her community and the court.

While all who knew Aunty Alice were saddened by her passing, her commitment to building a strong Murri Court will continue as her legacy and an inspiration for her fellow Townsville Murri Court members.

Aunty Monica Callaghan

Aunty Monica O’Callaghan was a proud Kullilli woman who was born in Cherbourg. She passed away on 26 June at the age of 71 years. Aunty Monica was one of the founding elders on the inaugural Brisbane Murri Court in 2002 and continued to serve until her passing. Aunty Monica’s contribution and dedication to indigenous justice areas, the courts, and the Brisbane community was highly valued.

Before assisting the Murri Court, Aunty Monica worked with the Aboriginal and Torres Strait Islander Women’s Legal Service where she was a founding board member. She was the first indigenous prison liaison officer and worked with the prisoner league where she supported prisoners during their separation from their community and family. For 20 years, Aunty Monica also worked for Aboriginal Hostels Limited as manager of the Elly Bennett Hostel.

Aunty Monica was employed by the Australian Electoral Office to educate her people about their right to enrol to vote. Aunty Monica was a long serving member on the Queensland Parole Board and committed herself voluntarily to other boards such as One People of Australia League, Murri Watch, Bahloo and Nungeena organisations.

Aunty Monica helped many people during her life. She was an amazing, strong woman with a sharp wit who articulated her strong sense of justice through well-

spoken words. Aunty Monica possessed a resilient warrior spirit, at all times led by her actions, and was an honoured elder who will always be held in high esteem and forever remembered. Murri Court wishes to honour this great woman and pay their respect to her family.

Uncle Bill Hipkin

Respected Brisbane Murri Court Elder Uncle Bill Hipkin passed away at the age of 61 years on 25 August. Uncle Bill was an active member of the Brisbane adult and youth Murri Court and he also volunteered his time in the Special Circumstances Court.

Uncle Bill volunteered much of his time to visit schools and teach Aboriginal culture to children and the general community. He worked also alongside the Brisbane police liaison officers helping young people in trouble and assisting families who were experiencing rough times. Uncle Bill would also spend time speaking with staff and youth at the Brisbane Youth Detention Centre.

Painting of Uncle Bill Hipkin by artist Aunty Sally Harrison

Uncle Bill was born in Shoalhaven, New South Wales, on 16 August 1948. On 21 June 1951 Uncle Bill was committed into the care of the Aborigines Welfare Board where he spent seven years at Bomaderry Children’s Home, a United Aborigines Mission Home. Uncle Bill’s desire to share his life and experiences led him


to research and write a book Myths and Memories: Bomaderry Children’s Home, 1908-2008. His book was launched during the centenary commemoration held in May 2008 on the site of the former home.

Born Noel Vincent Harrison, Uncle Bill became known as Billy during his time at Bomaderry and took the name of Hipkin when he was adopted by a family in Victoria. Uncle Bill had a varied career that included undertaking a building apprenticeship in Victoria, and serving as a national serviceman in Vietnam from 1967–1968.

Uncle Bill was always confident and passionate about the courts and particularly liked working with young people. Uncle Bill was a man of discretion and understanding. He used his words wisely and always showed kindness and care. He was friendly, cheeky in a fun way, a man who showed generosity and he knew how to be respectful. He provided strength and understanding in the courts as he put his heart and soul into everything he did. A very honourable and strong family man, Uncle Bill showed pride in his culture, heritage and family. All who constitute the Murri Court in Brisbane would like to honour and pay their respects to this remarkable man and his family.

Uncle Joe Button

Respected Cherbourg community leader and Elder Uncle Joseph Button (Snr) passed away on 10 September 2009. Affectionately known as Poppa Joe, he was born in Cherbourg on 8 March 1924 and lived life as a proud descendant of the Wakka Wakka (Cherbourg) and the Koa people (Winton area). As a youngster living in Cherbourg, Uncle Joe lived a very cultural life where he was taught by his elders about his cultural heritage and making of Aboriginal artefacts.

Uncle Joe was a gentleman, community man and leader. He was one of the last of his generation and tribal people in Cherbourg. He was a strong Christian believer who loved the Lord and was dedicated in serving the Lord and his people. Uncle Joe was one of the first persons to join the Community Justice Group

(Cherbourg) and later became an honorary member of the Barambah Community Justice Group. The first statutory community justice group to start a Murri Court was Cherbourg where he actively sat for court duty since 2007.

Uncle Joe had a good working relationship with everyone from the police to young people. His valued contributions to the community involved Murri Court duties in Cherbourg and many prison visits. He would travel for three hours to visit Woodford Correctional Centre, waking up at 6am to travel by bus for the prison visit and would arrive back home at 7pm. He also visited Borallan, Brisbane Women’s and Arthur Gorrie correctional centres and the youth detention centre. Uncle Joe loved prison visits and talking with the men and women there. He was a very active community member, who also sat on various management boards and committees.

Uncle Joe attended the Australasian Institute of Judicial Administration Indigenous Courts Conference 2008 in Mildura (Victoria). This was the first time Uncle Joe had ever left Queensland. Uncle Joe provided strength, wisdom, knowledge and cultural significance to the Murri Court, to young people and to many Aboriginal and Torres Strait Islander communities in addition to the wider community.

As an honoured elder and leader for his people, Uncle Joseph Button Snr will always be held in high esteem and forever remembered. Murri Court takes this opportunity to honour a great leader and true gentleman.


Court administration

Consisting of the following units and regions, and working alongside the magistracy, the Magistrates Court Branch’s role involves the support and development of Queensland Magistrates Court operations and delivery of frontline services.

Statistical Analysis UnitThe SAU is tasked with undertaking project work associated with improving the department’s management of performance information and statistical data. The unit is managed by Daryl Villalba, who is assisted by three statistical officers.

The SAU performed the following tasks:

• collated and prepared statistics for advice to:

– the Attorney-General

– other justice agencies

– the media

– interested stakeholders

– universities

– members of the public

• co-ordinated the annual data collection for the Australian Government’s Report on Government Services (RoGS) and Criminal Courts Australia publications.

• liaised with and assisted the following organisations with the collection of statistics:

– National Criminal Courts Statistics Unit (NCCSU)

– Australian Bureau of Statistics (ABS)

– Court Practitioners Group (CPG)

– Council of Australian Governments - Steering Committee for the Review of Government Service Provision, Report on Government Services (RoGS)

– Office of Economic and Statistical Research (OESR)

• represented the Department of Justice and Attorney-General at various inter-departmental and inter-government forums and working groups such as Crime Statistics Network.

The Statistical Analysis Unit (SAU) will become part of the new Courts Performance and Reporting Unit (CPRU) in July 2010.

The CPRU will improve statistical services for Queensland Courts by making high quality, timely performance information readily available to those who need it to perform their roles.

Courts Capability and Development Unit (CCDU), incorporating the Training Support Unit (TSU) The Courts Capability Development Unit (CCDU) is committed to providing all Queensland Courts staff with on the job skills training. It incorporates the Training Support Unit (TSU) who offers assistance in relation to QWIC and CLAIMS via telephone or through its face-to-face courses. The CCDU team also relies on assistance from a network of experienced Courts staff throughout the state.

The team, led by Paul Ramage, Executive Manager, includes an administration officer, learning and development officer, training officers, and QWIC/CLAIMS training phone support officers.

The CCDU primarily conduct online and face-to-face training for staff of the Magistrates, District and Supreme Courts across Queensland. CCDU also provides courses and information sessions for external clients including community groups involved in the justice system.


There have been a number of milestones for the CCDU throughout 2009-10. They conducted 69 courses, eight regional weeks and 32 one-on-one sessions. The unit trained over 567 individual staff in person, and numerous staff via online training material.

CCDU provided QWIC training for 67 Queensland Corrective Services (QCS) employees across 34 offices. Following the training, on 19 May 2010 these employees were granted ‘read only’ access to the QWIC database. Streaming access to court event information has resulted in improved efficiency for QCS and Magistrates Court staff with a significant reduction in telephone enquiries between the two agencies.

The CCDU, in conjunction with Queensland TAFE, has delivered the nationally accredited qualifications of the Certificate IV in Government (Court Services) since June 2008, and the Diploma in Government (Court Services) since September 2009. Course units are relevant and aligned to the competencies required of officers in all Queensland Courts jurisdictions. The program has been expanded and is now operating with five CCDU assessors. This is a nationally recognised qualification with other states and territories joining the Queensland rollout.

To date, 49 staff have completed the Certificate IV in Government (Court Services) program, and 45 more are enrolled. Three staff have completed the Diploma of Government (Court Services) program, with 11 staff currently undertaking that course.

A number of other Australian and New Zealand jurisdictions have assessed the materials and delivery models developed by the Queensland CCDU, and provided positive feedback and expressed interest in adopting it. The Magistrates Court in the ACT has recently funded two Canberra based students to undertake the Queensland Department of Justice and Attorney-General Certificate IV in Government Court Services program. One staff member from the Federal jurisdiction of the Administrative Appeals Tribunal Brisbane Office has also joined this program.

Justice Services SupportJustice Services Support (JSS) provides information technology (IT) services in relation to the Queensland Wide Interlinked Courts (QWIC) and State Penalties Enforcement Registry (SPER) database systems, including IT services in relation to data extraction and reporting, systems analysis, software development and application support. JSS also provides software support for the Department of Justice and Attorney-General (JAG) components of the Integrated Criminal Justice (ICJ) interfaces and co-ordinates support for ICJ on behalf of all the criminal justice agencies involved in IJIS. The Director of JSS is Ron Huisman.

During 2009-10 JSS performed the following key activities:

• support and maintenance of the QWIC application

• support and maintenance of the SPER application

• support and maintenance of the ICJ interfaces and

• commissioned the Electronic Transmission of Court Results (ETCR) interface. This initiative electronically transmits court result information from JAG to Queensland Police Service, Department of Communities and the Office of the Director of Public Prosecutions.

Regional operationsSix Queensland Regional Managers oversee regional operations on behalf of the Department of Justice and Attorney-General. They are based in Cairns, Townsville, Rockhampton, Caloundra, Toowoomba and Brisbane. The Regional Managers ensure the best possible staff practice and encourage community engagement, while continuing to strengthen inter-agency networks through the innovative use of resources between regional agencies.


Far North Queensland region

The Regional Manager of the Far North Queensland region is Rob White. This region includes:

• nine Magistrates Courts Offices

• six QGAP offices (JAG is lead agency for four)

• one State Reporting Bureau centre

• one Dispute Resolution Centre

• one Supreme and District Courts designated stand alone registry (and one dual registry)

• one Murri Court

• two QIADP Courts

• three Community Justice Centres

• one Office of State Coroner

Regional highlights:

• Cairns Court continue to provide a number of Courts Innovation Programs such as the Murri Court in both adult and children's jurisdictions which operates fortnightly and the Drug Court, which operates weekly. The pilot bail-based Queensland Indigenous Alcohol Diversion Program (QIADP) is operating in Cairns and Yarrabah.

• Regional Manager Rob White attended Regional Managers Co-ordination Network (RMCN) meetings, Regional Community Forums and other local stakeholders meetings that have strengthened the region’s ability to better understand localised issues and respond in more appropriate ways to the needs of the community. The Regional Manager is also a member of the RMCN Indigenous Sub-committee which forms a framework of support to the Cape York Welfare Reform and Family Responsibilities Commission.

• All Department of Justice and Attorney-General centres in Far North Queensland participated in Queensland Law Week and NAIDOC week.

North Queensland region

Michael Bice is the Regional Manager of the North Queensland region, which consists of:

• 11 Magistrates Courts Offices

• four QGAP offices (JAG is lead agency for three)



• one Supreme and District Courts designated stand alone registry (and two dual Magistrates/District registries and two Magistrates/Supreme/District registries)

• three Murri Courts

• one Drug Court

• one QIADP Court

• one Victim and Finance Assistance Scheme (VFASS) Research and Training Officer


• On 16 February 2010, the Charters Towers Murri Court was officially opened by the Honourable Cameron Dick MP, Attorney-General and Minister for Industrial Relations. Also in attendance were the Chief Magistrate, His Honour Judge Brendan Butler AM SC, Mr Phil Clarke, Acting Director-General of the Department of Justice and Attorney-General and Michael Bice, Regional Manager, North Queensland Region.

• elders and respected persons from the Gudjal Justice Group were presented with sashes by the Attorney-General in recognition of their contribution to the Murri Court in Charters Towers. The event was well received by not only those in attendance but also by the Charters Towers community and has been the springboard to the successful operation of Murri Court at Charters Towers.

• In March 2010, the Mount Isa and Proserpine Courthouses launched their JP's in the Community


programs to encourage participation by community JP's in the confines of the courthouses.

Sunshine Coast/Wide Bay region

Acting Regional Manager of the Sunshine Coast/Wide Bay region Owen Glover represents:


• four QGAP office (JAG is lead agency for all)

• two State Reporting Bureau centres


• five Supreme and District Courts dual registries



• A fit-out of the second courtroom at Redcliffe has commenced which will be used by the Queensland Civil and Administrative Tribunal.

• The expansion of JAG-led QGAP offices in the courthouses at Gayndah, Nanango and Toogoolawah is now complete. Throughout the implementation rollout support was provided by Libby Bateman from the existing Murgon QGAP office in the region. This interoffice co-operative approach supported staff in the smooth implementation of QGAP services in the new centres.

Central Queensland region

The Central Queensland region under the management of Acting Regional Manager Jim Sondergeld comprises of the following:


• six additional places where Magistrates Courts are held

• 21 QGAP offices (JAG is lead agency for six)


• two Dispute Resolution Centres

• one Supreme and District Courts designated stand alone registry.

• three dual Magistrates/District registries

• three Magistrates/Supreme/District registries

• two Murri Courts

• one QIADP Court

• one Domestic and Family Violence Court


• The Attorney-General and Regional Manager Jim Sondergeld attended Community Cabinet in Bundaberg on 30-31 August 2009; Longreach/Barcaldine on 1-2 November 2009; and Emu Park/Rockhampton on 30-31 May 2010. Attending Community Cabinets allows the public to directly access the Ministers, and strengthens the region’s ability to provide better services to the community by gaining an understanding of issues that affect the region.

• The Regional Manager attended Regional Managers Co-ordination Network (RMCN) meetings, Regional Community Forums and other local stakeholders’ meetings throughout the region thereby strengthening the region’s ability to better understand localised issues and respond more appropriately to the needs of the community.

• In January 2010 a second magistrate was appointed to the Mackay Courthouse and a new magistrate was appointed to the Emerald Courthouse. The appointment of these magistrates provides consistent localised court services to the regions.

• Central Queensland Courts continue to provide a number of Courts Innovation Programs such as the Murri Court in adult and youth jurisdictions. The bail-based Queensland Indigenous Alcohol Diversion Program (QIADP) and the pilot Domestic and Family Violence Court are operating in Rockhampton Court.


• The Breaking the Cycle of Domestic and Family Violence initiative commenced in Rockhampton. This initiative brings together the Department of Communities, Child Safety, Queensland Police, Queensland Courts, Legal Aid Queensland and non-government organisations who provide diversionary programs to help break the cycle of Family and Domestic Violence. The initiative is a pilot program scheduled to run from November 2009 to July 2011.

• NAIDOC week was celebrated by many of the courts in the region with court staff participating in the organised events. The theme for NAIDOC Week in 2010 was Unsung Heroes – Closing the Gap by Leading Their Way.

• Several central Queensland courts including Mackay, Rockhampton, Gladstone, Bundaberg and Emerald participated in Law Week 2010. To help attract community interest in the services provided by the Department many activities were organised including moot courts, guided tours and information sessions.

• In the spirit of community engagement many of the Central Queensland Courts and QGAP offices have participated in community events.

– Clermont QGAP has been actively involved in the annual Gold and Coal Festival;

– Moranbah QGAP has been involved in the Annual Santa Run, providing presents to local underprivileged children; and

– Sarina QGAP has joint with local police to provide information and support to local schools.

South-West region

The appointed Regional Manager for the South-West Queensland (SWQ) region is Len Radnedge. His area includes:


• five QGAP offices (JAG is lead agency for all)


• seven dual Magistrates/District registries

• two Magistrates/Supreme/District registries

• two Murri Courts

• three Community Justice Centres


• Community Justice Groups at Toowoomba, St George, and Cunnamulla continued to provide indigenous offenders with local community representation in those Magistrates Courts.

• Cultural diversity continued to increase across the South-West region, with Sudanese, Vietnamese and South American migrants joining local workers in various industries in Toowoomba, Charleville and Oakey. The needs of these groups were identified, with the Regional Manager meeting and providing information to the Sudanese community through the Toowoomba Refugee and Migrant Support (TRAMS) service.

• Our courts continued to be supported by volunteer groups including Domestic Violence services, Justice of the Peace duties, and the provision of refreshments to court clients.

• Courts in the South-West Region participated in Law Week.

• The Regional Manager and Registrars further strengthened JAG’s profile across the region through attendance and participation at:

– Regional Ministerial Community Forums

– Regional Managers Co-ordination Network meetings (Ipswich, Toowoomba and Roma)

– Negotiation Table meetings (St George and Dirranbandi)


• The expansion of JAG-led QGAP offices in Pittsworth and Taroom Courthouses is now complete.

South-East region

The South-East Regional Manager, Sean Harvey’s area incorporates:

• nine Magistrates Courts Offices



• two District Court dual registries


• two Drug Courts

• one Special Circumstances Court

• one Office for Child Protection Conferencing


• A Murri Court has been established at Richlands Magistrates Court significantly increasing the capacity of the Court to meet the needs of indigenous people within the justice system.

• The Drug Court continues to provide effective court diversion for participants at the Beenleigh and Southport Magistrates Courts.

• Staff at the Brisbane Magistrates Court regularly conduct tours of the building and facilities for visiting school students. Highlights of the tour include a full explanation of court procedures, visits to the Murri Court and Ceremonial Court and the opportunity to sit in on an actual case. Over the last year 1,600 students from across South-East Queensland have taken part in these tours.

• The Southport Capital Works Project commenced on 12 April 2010 and will see the construction of three additional courtrooms and three Magistrates chambers, scheduled for completion by 14 October 2010.


Technology

Courts information servicesThe Courts Information Services Branch (CISB) provides support to the Magistrates Court and magistrates. It incorporates five teams:

• operations—provides user support and day-to-day administration for court-related applications as well as service desk support to judicial officers

• systems—manages and enhances court related applications

• audio visual—manages, supports and extends the audio and visual systems installed throughout the state

• Queensland Sentencing Information Service (QSIS)—provides a comprehensive collection of sentencing information to assist decision makers on, and before, the Bench

• Queensland Courts Communications (QCC)—develops and manages the communication materials used by the Supreme, District and Magistrates Courts throughout Queensland.

Operations

The Operations team provides an efficient support service to courts, judicial officers and staff during business hours and to courts operating on weekends and public holidays.

The operations team provides a service desk that increases efficiency by delivering to clients a single point of contact and access to a greater range of support skills.

The team also developed and deployed a new email tool to assist in support requests and delivered training so that new clients, including judicial officers and associates, can use the tool to its best effect.

Service officers assisted in upgrades to digital recording systems in courtrooms across the state and desktop replacements for judicial officers and staff.

Audio visual

During 2009–10, videoconferencing systems were installed in Gladstone, Bundaberg, and Gympie courthouses. The team now supports 149 videoconferencing sites throughout Queensland, including 32 Supreme and District Courts, 37 remote witness rooms (one which is a portable system for use in remote areas) and 19 Correctional Centres.

Digital recording

The Digital Recording team has maintained the digital recording system in 203 individual court and hearing rooms around the state. Software application upgrades, a regular program of computer hardware replacement and improvement to the core network infrastructure state-wide have enhanced the reliability of the system.

Queensland Courts communications

The Queensland Courts communications team delivers marketing and communication services to the Queensland Courts Services Executive, business units and the judiciary.

The team’s responsibilities include maintaining the Queensland Courts website and publication of printed materials, including annual reports.


Courthouses

Ipswich CourthouseThe Honourable Cameron Dick MP, Attorney-General and Minister for Industrial Relations opened the magnificent new Ipswich Courthouse on 6 March 2010.

Court was first held in Ipswich in the 1840s in the Queens Arms Hotel, moved into a purpose built lockup and courthouse built in a police paddock in 1847 and then in the 1850s found a new home in a timber cottage in Brisbane Street. In 1859 the court moved into the old courthouse in East Street where it remained for the next 120 years.

The last court building in Limestone Street has been in use since 1981, but could not be expanded to meet the population growth in the western corridor and a new courthouse was required.

The Ipswich region has been identified as one of the principal growth areas under the Queensland Government’s planning for South-East Queensland, and the new courthouse is designed to cope with the forecast increase of population in the region over the next 30 years.

The courthouse was the biggest infrastructure project in central Ipswich for more than a decade. The five-storey building is the centre piece of the city’s new $112M legal precinct, which also includes a new watch house and 24-hour police station.

The layout of the new courthouse features 12 courtrooms, including three District Court criminal jury courtrooms, a specialist Childrens Court and seven Magistrates courtrooms. It also provides separate entrances, corridors, lifts and waiting areas for judges, defendants and members of the public.

The courtrooms are equipped for videoconferencing, electronic display of evidence and digital recording. The building also includes the court registry, judicial chambers, office areas for court-related functions and a marriage room.

The specialist facilities include a suite for vulnerable witnesses to give video evidence, a family violence victims support area and interview rooms for agencies such as the Salvation Army and government support agencies.

Ipswich Magistrates Court. | Address: 43 Ellenborough Street PO Box 70, Ipswich Qld 4305 | DX: 41213, Ipswich, Telephone: (07) 3280 1720 | Facsimile: (07) 3280 1904 | Email: [email protected]


The separate waiting areas and contemporary technology such as closed-circuit television mean victims in particular can give their evidence without the additional trauma of facing alleged offenders in open court.

Increasing safety and enhancing security of all court users was a key focus in the design of the courthouse. It now delivers an even higher level of service to the local community with a greater focus on clients and the latest in technology.

Architecturally, the building is designed to cap the civic access of the Ipswich CBD located at the top end of South Street. This access leads into an open landscaped space at the front of an articulated glass, stonework and concrete façade.

The entrance is located to the side of this space and is flanked by artwork integrated into the coloured concrete structure and leads into a large double-level foyer, which features further artwork. Internally, the public areas outside the courtrooms look out over the courtyard and utilise the views of Ipswich and the surrounding hills. The internal finish of the building features wood panelling and stonework.

The glass façade of the building is orientated to the east and the north with the western façade being predominately concrete with shading. The building features a high level of outside light penetration into both the public areas and the courtrooms.

Rainwater harvesting is used for toilets and landscaping watering and solar water heating is also utilised. The building’s design included a 23,000-litre rainwater tank for garden maintenance and the incorporation of low-energy lighting and solar panels. These features deliver the equivalent of a four-star greenhouse rating for the precinct.

Brisbane Magistrates Court Major Hearing CourtIn September 2009 fitting out of the new Major Hearing Court was completed on the fourth floor of the Brisbane Magistrates Court building.

While the Brisbane Magistrates Court contained a few large courtrooms it was observed that a purpose built courtroom was needed to accommodate the increasingly frequent mammoth hearings involving multiple defendants with teams of representatives, boxes and boxes of exhibits, a multitude of journalists and a crowd of interested public.

The Major Hearing Court, court number 17, boasts three bar tables, a tiered public gallery and a large secure dock. The courtroom has been kept in use since its opening with a constant stream of large and lengthy hearings.

Major Hearing Court


Supporting organisations

Court NetworkCourt Network is a not-for-profit, Australian organisation which commenced in Victoria in 1980 and expanded to Brisbane in 2006 and to the Brisbane Magistrates Court in 2009. Working with paid staff and highly trained/supervised volunteers the service offers non-legal information, support and referral to all persons attending the court complex (which includes all individuals, families and friends going to court). Court Network was launched as follows:

1. December 2006

Brisbane Commonwealth Law Courts

2. January 2008

Brisbane Supreme and District Courts as part of the AccessCourts Program

3. October 2008

Brisbane Supreme and District Courts Information Kiosk

4. January 2009

Brisbane Magistrates Court

5. December 2009

Queensland Civil and Administrative Tribunal (Brisbane).

The service will be launched in Cairns and Townsville state Courts in August and September 2010 (respectively).

Strong relationships have been built with many external service providers to ensure quality and consistent referrals can be offered to any person attending court.

This has included identifying and liaising with existing court support organisations to ensure services are not duplicated and that they are aware of the new initiative. The organisation has strong working and referral relationships with Queensland Public Interest Law Clearing House (QPILCH), Legal Aid (including Duty Lawyers), Relationships Australia, Protect All Children Today (PACT), The Advocacy and Support Centre (TASC), Domestic Violence services, Corrective Services, Victims Assist Queensland, Forensic Mental Health, Prison Transport Group, Centrelink, Child Support Agency, Community legal services and other community and legal based services.

Networkers utilising the outreaching model of approach continues and as a result many members of the public are now approaching individual Networkers or the Networker’s room to seek their assistance. Networkers are required to attend at least three ongoing Continuous Education Programs offered throughout the year.

Due to the Networker’s highly visible presence by wearing distinctive pink lanyards and their constant vigilance in assisting when appropriate, the volunteers appear to be an integral part of Court support. They are recognised and known by Security and many Court staff. Networkers have also assisted by ensuring court users access the other court support programs located within

Court Networkers Brisbane Graduation 2009


its complex including Salvation Army and Domestic Violence services.

We wish to recognise the continued and valued support of the Chief Magistrate Judge Butler, Judiciary, Executive Director Paul Marschke, Department of Justice staff, Security and all persons who have actively contributed to the successful implementation of the service.

Towards the end of the 2009-10 period saw our valued team of highly trained Networkers in the Brisbane Magistrates Court grow to 18. With Teresa Snow and Leilani Darwin continuing their valued role as Brisbane Program Managers along with Lisa Davies ongoing role as Marketing and Communications Manager, our Queensland team now stands at four.

A Graduation Ceremony was held in October 2009 with eight graduates. Certificates were presented by Magistrate O’Shea and attended by Paul Ramage and Sara Wood from the Magistrates Court.

An additional Program Manager has been appointed in Townsville (2010-11 financial year focus) and we are set to engage a further staff member for Cairns courts (again 2010-11 focus).

The introduction of the Court Network Information Desk on the ground floor at the Magistrates Court in May 2010 has ensured court users are engaged from the onset and a warm thank you is extended to Tony Roser and to security for their ongoing support and feedback.

During this financial year (2009-10) Court Network has assisted over 3,059 court users in the Brisbane Magistrates Court.

Overall Court Network has assisted 22,457 court users in Brisbane during 2009-10.

Of those persons assisted in the Magistrates Courts.

• 66 per cent were related to criminal matters

• 57 per cent of persons assisted were male

• 66 per cent of assistance given was provision of information and 30 per cent for support

• 42 per cent of persons assisted were defendants.

Nic Bolto, the former Executive Director, left in July 2009 and we would like to acknowledge his pioneering work in the establishment of the service in Brisbane. He is now conducting research under the Churchill Fellowship on Court Support models. We would also like to extend a warm welcome to Deborah di Natale who commenced as Court Network’s Executive Director in February 2010.

Mental Health Court Liaison Service The Queensland Health Mental Health Court Liaison Service (CLS) is co-ordinated through the state-wide, Queensland Forensic Mental Health Service (QFMHS). This service provides mental health assessment and facilitates appropriate mental health care, where indicated, for people who are in custody and/or appearing before a magistrate. The service also has the capacity to co-ordinate diversion to inpatient mental health units for assessment and/or treatment, under the provisions of the Mental Health Act 2000.

The CLS was first established in the Brisbane Magistrates Court in May 1998, with a second site commencing in Townsville later that year. Additional funding in June 2006 enabled significant expansion of the service following consultation with stakeholders including Department of Justice and Attorney-General, Queensland Police Service, Legal Aid Queensland and Queensland Health. By early 2007 the CLS had successfully expanded to several larger Magistrates Courts. The service proved to be highly successful and underwent further expansion. In 2010, there is a CLS on site in 34 courts across the state with 18.5 full time equivalent staff. This team has extended to provide mental health advice using a consultation liaison approach to a further 50 courts across the state.

The CLS philosophy is underpinned by the National Statement of Principles for Forensic Mental Health (2002), Queensland Plan for Mental Health 2007-2017


(2008), Queensland Forensic Mental Health Policy (2002), the Mental Health Act 2000, the United Nations Rights of Detainees and the International Covenant on Civil and Political Rights (1999).

The CLS has an inclusive referral policy and a wide range of referral sources (see Table 4). Referrals are triaged and priority is established in accordance with clinical needs. Whenever possible, all persons who are referred to the CLS are offered an assessment. The Court Liaison Officers (CLOs) also actively provide the opportunity for mental health assessments to particular at risk groups of defendants, which include:

• people who have active suicidal ideation

• open clients of district mental health services

• people charged with certain offence types and

• people subject to involuntary provisions of the Mental Health Act 2000 and are returning to court from custody.

The key roles and functions of the CLS service are to:

• Provide clinical assessment, liaison, support and advice to individuals who have mental health needs and are involved in the criminal justice system.

• Provide written feedback to magistrates regarding the outcome of the assessment and any further intervention required.

• Provide advice, support and help to family and carers including how to access assessment, treatment and referral for people with mental health needs.

• Provide liaison, support and advice to departments, agencies or individuals involved in providing services to these consumers.

• Identify and divert individuals involved with the criminal justice system who have mental health needs to the most appropriate service for care (example district mental health services, Forensic Medical Officer, Prison Mental Health Service,

Alcohol and Drug Counselling services, General Practitioners).

• Notify the courts and district mental health services of individuals with mental health needs who may require special consideration in relation to their charges (example those individuals subject to chapter seven part two of the Mental Health Act 2000).

• Provide advice and/or education to the registrar of the court regarding issues related to mental health and the application of the Mental Health Act 2000 (example Justice Examination Orders).

• Provide advice and clarification to individuals due in court, their relatives/carers or legal representatives about issues related to mental health and the Mental Health Act 2000.

Queensland Mental Health CLS activity

The MH-CLS undertook 2,067 mental health assessments during the year 2009-2010. Males accounted for 80.3% of assessments and females 19.7%. Non-indigenous people made up 80.4% of the assessments, Aboriginal people 18.9% and Torres Strait Islanders 0.7%. Graph 3 indicates the diagnostic breakdown of the people assessed through the CLS in 2009-10 and Graph 4 indicates the referral interventions provided by the CLS.


Table 4: Referral sources

Referral Sources

Watch house/Police 1140 55.5%

Court Liaison Staff 530 25.8%

Legal Representatives 116 5.7%

Client Family 73 3.6%

FMO/Medical 50 2.4%

Magistrate 45 2.2%

District Mental Health Service 29 1.4%

Other 25 1.2%

Prison Mental Health Service 21 1.0%

Non-Government Organisation Staff 10 0.5%

Alcohol and Drug Workers 8 0.4%

Court Staff 6 0.3%

Graph 3: Diagnostic breakdown of individuals assessed through the CLS

0

5

10

15

20

25

30

Disorders

Alcohol + drugPsychoticMood

AnxietyOtherNot unwell

Diagnostic Outcomes

Graph 4: Referral interventions provided by the CLS

0

5

10

15

20

25

30

35

40

Alcohol and Drug ServiceOtherNo referral

Prison Mental Health ServiceDistrict Mental Health ServiceGeneral Practitioner/ Psychiatrist

Onward Referrals


Appendices

Appendix 1 – Criminal lodgementsMagistrates Court Childrens Court

Number of defendants

Number of charges


Number of charges

Total charges

% of state Total

% of defendants that

are children

Alpha 16 20 2 3 23 0.01% 11.11%

Atherton 1,063 1,659 63 155 1,814 0.50% 5.60%

Aurukun 787 1,045 67 126 1,171 0.32% 7.85%

Ayr 636 1,012 71 113 1,125 0.31% 10.04%

Badu Island 55 93 3 10 103 0.03% 5.17%

Bamaga 402 688 26 64 752 0.21% 6.07%

Barcaldine 79 116 6 54 170 0.05% 7.06%

Beaudesert 1,104 1,864 39 80 1,944 0.53% 3.41%

Beenleigh 10,791 19,622 606 1,299 20,921 5.71% 5.32%

Biloela 462 635 27 32 667 0.18% 5.52%

Birdsville 8 8 0 0 8 0.00% 0.00%

Blackall 53 101 1 1 102 0.03% 1.85%

Blackwater 315 442 18 33 475 0.13% 5.41%

Boigu Island 1 2 2 4 6 0.00% 66.67%

Boulia 53 79 2 4 83 0.02% 3.64%

Bowen 532 824 66 134 958 0.26% 11.04%

Brisbane 28,837 53,238 1,530 3,217 56,455 15.41% 5.04%

Bundaberg 3,964 6,261 184 490 6,751 1.84% 4.44%

Burketown 40 71 0 0 71 0.02% 0.00%

Caboolture 5,258 9,126 292 853 9,979 2.72% 5.26%

Cairns 10,030 16,010 773 1,946 17,956 4.90% 7.16%

Caloundra 2,025 3,657 93 193 3,850 1.05% 4.39%

Camooweal 60 105 0 0 105 0.03% 0.00%

Charleville 296 493 15 25 518 0.14% 4.82%

Charters Towers 442 796 16 44 840 0.23% 3.49%

Cherbourg 831 1,056 19 25 1,081 0.30% 2.24%

Childers 247 362 4 8 370 0.10% 1.59%

Chinchilla 367 618 12 33 651 0.18% 3.17%

Clermont 106 168 0 0 168 0.05% 0.00%

Cleveland 4,319 7,739 209 415 8,154 2.23% 4.62%


Magistrates Court Childrens Court


Number of charges


Number of charges

Total charges

% of state Total


are children

Cloncurry 290 440 28 43 483 0.13% 8.81%

Coen 193 230 1 1 231 0.06% 0.52%

Cooktown 538 743 32 64 807 0.22% 5.61%

Coolangatta 2,819 3,887 4 4 3,891 1.06% 0.14%

Cunnamulla 255 370 93 133 503 0.14% 26.72%

Dajarra 31 42 1 1 43 0.01% 3.13%

Dalby 773 1,383 47 110 1,493 0.41% 5.73%

Darnley Island 20 37 0 0 37 0.01% 0.00%

Dirranbandi 0 0 0 0 0 0.00% 0.00%

Doomadgee 531 869 19 73 942 0.26% 3.45%

Duaringa 42 63 0 0 63 0.02% 0.00%

Emerald 733 1,240 28 61 1,301 0.36% 3.68%

Gatton 996 1,722 60 142 1,864 0.51% 5.68%

Gayndah 161 250 1 8 258 0.07% 0.62%

Georgetown 74 106 5 15 121 0.03% 6.33%

Gladstone 2,699 4,494 141 377 4,871 1.33% 4.96%

Goondiwindi 461 850 27 82 932 0.25% 5.53%

Gympie 2,221 3,526 81 141 3,667 1.00% 3.52%

Hervey Bay 2,795 4,740 210 468 5,208 1.42% 6.99%

Holland Park 5,087 8,396 103 184 8,580 2.34% 1.98%

Hope Vale 159 213 2 2 215 0.06% 1.24%

Hughenden 79 116 7 12 128 0.03% 8.14%

Ingham 413 650 23 46 696 0.19% 5.28%

Inglewood 99 135 0 0 135 0.04% 0.00%

Innisfail 1,228 1,889 49 116 2,005 0.55% 3.84%

Ipswich 7,860 13,227 614 1,227 14,454 3.95% 7.25%

Julia Creek 25 36 0 0 36 0.01% 0.00%

Kingaroy 683 1,207 153 406 1,613 0.44% 18.30%

Kowanyama 581 769 12 13 782 0.21% 2.02%

Landsborough 1 1 0 0 1 0.00% 0.00%

Lockhart River 323 472 33 44 516 0.14% 9.27%




Number of charges


Number of charges

Total charges

% of state Total


are children

Longreach 407 703 2 2 705 0.19% 0.49%

Mabuiag Island 11 19 0 0 19 0.01% 0.00%

Mackay 4,312 6,937 314 941 7,878 2.15% 6.79%

Mareeba 1,686 2,528 151 254 2,782 0.76% 8.22%

Maroochydore 6,941 11,629 244 534 12,163 3.32% 3.40%

Maryborough 1,568 2,526 81 159 2,685 0.73% 4.91%

Mer Island 13 17 0 0 17 0.00% 0.00%

Millmerran 51 80 1 1 81 0.02% 1.92%

Mitchell 65 106 6 6 112 0.03% 8.45%

Moa Island 15 24 0 0 24 0.01% 0.00%

Monto 63 79 1 1 80 0.02% 1.56%

Moranbah 327 599 5 21 620 0.17% 1.51%

Mornington Island

747 916 14 22 938 0.26% 1.84%

Mossman 639 969 33 96 1,065 0.29% 4.91%

Mount Garnett 98 140 5 6 146 0.04% 4.85%

Mount Isa 2,531 3,902 294 637 4,539 1.24% 10.41%

Murgon 769 1,313 322 684 1,997 0.55% 29.51%

Nambour 757 1,135 0 0 1,135 0.31% 0.00%

Nanango 452 678 23 63 741 0.20% 4.84%

Noosa 2,113 3,274 68 203 3,477 0.95% 3.12%

Normanton 400 633 68 114 747 0.20% 14.53%

Oakey 249 361 10 13 374 0.10% 3.86%

Palm Island 678 1,035 68 111 1,146 0.31% 9.12%

Pine Rivers 3,619 6,814 271 680 7,494 2.05% 6.97%

Pittsworth 91 154 6 6 160 0.04% 6.19%

Pomona 0 0 0 0 0 0.00% 0.00%

Pormpuraaw 230 312 3 4 316 0.09% 1.29%

Proserpine 1,311 1,917 20 43 1,960 0.53% 1.50%

Quilpie 20 33 0 0 33 0.01% 0.00%

Redcliffe 3,984 6,671 198 407 7,078 1.93% 4.73%

Richlands 5,319 9,590 245 785 10,375 2.83% 4.40%




Number of charges


Number of charges

Total charges

% of state Total


are children

Richmond 51 83 0 0 83 0.02% 0.00%

Rockhampton 5,176 8,595 527 1,197 9,792 2.67% 9.24%

Roma 751 1,090 56 103 1,193 0.33% 6.94%

Saibai Island 18 28 2 2 30 0.01% 10.00%

Sandgate 2,444 3,937 195 408 4,345 1.19% 7.39%

Sarina 414 615 21 35 650 0.18% 4.83%

Southport 20,414 36,684 699 1,439 38,123 10.41% 3.31%

Springsure 13 18 0 0 18 0.00% 0.00%

St George 447 687 23 57 744 0.20% 4.89%

Stanthorpe 510 732 18 27 759 0.21% 3.41%

Tambo 26 50 0 0 50 0.01% 0.00%

Taroom 30 57 0 0 57 0.02% 0.00%

Thursday Island 310 556 26 69 625 0.17% 7.74%

Toogoolawah 141 212 1 2 214 0.06% 0.70%

Toowoomba 5,696 9,431 495 1,023 10,454 2.85% 8.00%

Townsville 14,941 22,485 667 1,464 23,949 6.54% 4.27%

Tully 571 862 5 8 870 0.24% 0.87%

Warraber Island 6 10 0 0 10 0.00% 0.00%

Warwick 1,111 1,885 79 166 2,051 0.56% 6.64%

Weipa 628 906 31 60 966 0.26% 4.70%

Winton 64 98 1 1 99 0.03% 1.54%

Woorabinda 396 525 88 136 661 0.18% 18.18%

Wujal Wujal 87 122 7 11 133 0.04% 7.45%

Wynnum 2,492 4,146 96 167 4,313 1.18% 3.71%

Yam Island 7 9 0 0 9 0.00% 0.00%

Yarrabah 531 666 63 123 789 0.22% 10.61%

Yeppoon 863 1,266 52 78 1,344 0.37% 5.68%

Yorke Island 13 16 0 0 16 0.00% 0.00%

Total 202,966 340,878 11,525 25,503 366,381 100% 5.37%


Appendix 2 – Civil Claims

Magistrates Court - Civil Claims lodged 2009-10

Civil Claims Minor Debt Claims Small Claims Total Claims

Atherton 72 12 14 98

Ayr 139 6 10 155

Barcaldine 3 8 2 13

Beaudesert 280 43 54 377

Beenleigh 1,437 675 3 2,115

Biloela 24 6 5 35

Blackwater 22 3 3 28

Bowen 61 10 13 84

Brisbane 14,405 578 1,999 16,982

Bundaberg 322 87 101 510

Caboolture 316 79 266 661

Cairns 628 142 301 1,071

Caloundra 183 37 90 310

Charleville 12 2 1 15

Charters Towers 27 10 9 46

Childers 12 9 5 26

Chinchilla 11 8 3 22

Clermont 12 6 2 20

Cleveland 407 289 - 696

Cloncurry 8 10 1 19

Cooktown 17 1 3 21

Coolangatta 198 60 62 320

Cunnamulla 4 - 3 7

Dalby 55 8 10 73

Emerald 45 37 9 91

Gatton 72 14 21 107

Gayndah 6 4 4 14

Gladstone 159 112 64 335

Goondiwindi 20 6 3 29

Gympie 114 22 52 188

Hervey Bay 117 55 77 249

Holland Park 682 152 2 836

Hughenden 2 - - 2




Ingham 62 5 2 69

Innisfail 192 18 13 223

Ipswich 693 77 340 1,110

Julia Creek 3 - - 3

Kingaroy 16 16 15 47

Landsborough 44 17 4 65

Longreach 26 6 5 37

Mackay 1,129 144 119 1,392

Mareeba 34 15 7 56

Maroochydore 368 232 175 775

Maryborough 85 26 32 143

Mitchell 1 2 - 3

Moranbah 26 2 4 32

Mossman 51 3 5 59

Mount Isa 194 43 27 264

Murgon 17 11 2 30

Nambour 116 135 29 280

Nanango 20 10 9 39

Noosa 155 40 45 240

Normanton 9 - 3 12

Oakey 27 2 7 36

Pine Rivers 894 59 101 1,054

Pittsworth 11 14 2 27

Pomona 28 7 4 39

Proserpine 156 36 48 240

Quilpie 1 - - 1

Redcliffe 128 25 2 155

Richlands 367 63 - 430

Richmond 2 5 - 7

Rockhampton 235 134 112 481

Roma 16 30 13 59

Sandgate 118 16 2 136

Sarina 30 6 2 38




Southport 3,221 974 540 4,735

St George 8 2 5 15

Stanthorpe 10 5 5 20

Taroom 1 - - 1

Thursday Island 15 3 5 23

Toogoolawah 12 4 3 19

Toowoomba 499 118 109 726

Townsville 1,483 235 202 1,920

Tully 30 15 6 51

Warwick 61 27 11 99

Weipa 7 4 - 11

Wynnum 191 47 - 238

Yeppoon 31 6 29 66

Total 30,695 5,130 5,236 41,061


Appendix 3 – Domestic and Family Violence applications and orders

Number of applications

Number of orders made

% of state TotalProtection

Order

Temporary Protection

Order

Vary Protection

Order

Revoke Protection

OrderTotal


dismissed

Alpha 1 1 0 0 0 1 0 0.00%

Atherton 162 162 30 67 0 259 18 0.71%

Aurukun 44 50 10 14 0 74 3 0.19%

Ayr 114 93 49 18 4 164 22 0.50%

Badu Island 3 13 2 2 0 17 0 0.01%

Bamaga 24 43 33 10 1 87 6 0.11%

Barcaldine 11 10 3 1 0 14 1 0.05%

Beaudesert 195 164 180 27 7 378 56 0.86%

Beenleigh 1,605 1,139 1,507 410 34 3,090 682 7.05%

Biloela 64 57 25 7 0 89 9 0.28%

Birdsville 0 0 0 0 0 0 0 0.00%

Blackall 5 6 0 1 0 7 2 0.02%

Blackwater 49 50 7 7 1 65 4 0.22%

Boigu Island 0 1 0 1 0 2 0 0.00%

Boulia 4 3 1 3 0 7 1 0.02%

Bowen 69 49 52 18 2 121 29 0.30%

Brisbane 1,320 1,039 779 191 16 2,025 381 5.80%

Bundaberg 591 462 311 118 4 895 194 2.60%

Burketown 3 2 1 1 0 4 0 0.01%

Caboolture 848 638 557 186 13 1,394 241 3.73%

Cairns 945 765 638 248 15 1,666 225 4.15%

Caloundra 337 236 272 72 12 592 125 1.48%

Camooweal 3 2 3 0 0 5 0 0.01%

Charleville 38 34 18 8 0 60 4 0.17%

Charters Towers 60 54 41 10 3 108 17 0.26%

Cherbourg 12 13 0 1 0 14 0 0.05%

Childers 23 13 14 1 0 28 9 0.10%

Chinchilla 45 47 49 10 0 106 6 0.20%

Clermont 14 12 6 5 0 23 4 0.06%

Cleveland 521 418 297 128 6 849 147 2.29%

Cloncurry 47 35 19 1 2 57 10 0.21%





Order


Order

Vary Protection

Order

Revoke Protection

OrderTotal


dismissed

Coen 15 10 4 3 0 17 5 0.07%

Cooktown 64 63 12 9 0 84 6 0.28%

Coolangatta 225 160 137 37 11 345 84 0.99%

Cunnamulla 34 31 11 7 0 49 10 0.15%

Dajarra 12 14 10 0 0 24 4 0.05%

Dalby 109 90 85 28 1 204 26 0.48%

Darnley Island 0 1 0 0 0 1 0 0.00%

Dirranbandi 0 0 0 0 0 0 0 0.00%

Doomadgee 46 45 17 5 0 67 5 0.20%

Duaringa 1 1 0 0 0 1 0 0.00%

Emerald 104 87 37 14 0 138 23 0.46%

Gatton 155 124 67 11 0 202 29 0.68%

Gayndah 38 32 19 8 0 59 7 0.17%

Georgetown 4 3 0 2 0 5 1 0.02%

Gladstone 325 277 218 82 6 583 73 1.43%

Goondiwindi 46 33 10 7 2 52 11 0.20%

Gympie 231 166 230 65 2 463 88 1.02%

Hervey Bay 416 313 236 69 9 627 135 1.83%

Holland Park 642 435 492 114 34 1,075 232 2.82%

Hope Vale 2 8 0 1 0 9 0 0.01%

Hughenden 16 14 3 1 0 18 1 0.07%

Ingham 73 61 27 3 0 91 13 0.32%

Inglewood 4 4 0 0 0 4 0 0.02%

Innisfail 153 103 133 81 22 339 55 0.67%

Ipswich 1,089 771 705 131 8 1,615 404 4.79%

Julia Creek 0 0 0 1 0 1 0 0.00%

Kingaroy 120 104 120 25 1 250 42 0.53%

Kowanyama 57 50 28 9 0 87 2 0.25%

Landsborough 1 0 0 0 0 0 0 0.00%

Lockhart River 25 25 6 6 0 37 1 0.11%

Longreach 34 25 13 7 2 47 8 0.15%





Order


Order

Vary Protection

Order

Revoke Protection

OrderTotal


dismissed

Mabuiag Island 0 1 3 0 0 4 0 0.00%

Mackay 485 428 264 103 0 795 97 2.13%

Mareeba 205 185 39 101 1 326 28 0.90%

Maroochydore 638 516 408 132 2 1,058 230 2.80%

Maryborough 271 196 83 14 3 296 113 1.19%

Mer Island 2 6 1 1 0 8 0 0.01%

Millmerran 0 0 0 0 0 0 1 0.00%

Mitchell 2 1 2 1 0 4 1 0.01%

Moa Island 2 1 3 0 0 4 0 0.01%

Monto 3 2 2 0 0 4 0 0.01%

Moranbah 43 35 26 4 1 66 14 0.19%

Mornington Island

41 38 7 5 0 50 4 0.18%

Mossman 109 96 20 44 1 161 15 0.48%

Mount Garnett 1 0 0 1 0 1 0 0.00%

Mount Isa 325 278 120 45 5 448 67 1.43%

Murgon 194 178 63 13 0 254 13 0.85%

Nambour 97 60 44 11 2 117 22 0.43%

Nanango 70 59 30 15 0 104 12 0.31%

Noosa 164 121 71 30 3 225 50 0.72%

Normanton 80 71 70 4 0 145 19 0.35%

Oakey 45 33 19 2 0 54 9 0.20%

Palm Island 143 124 78 9 0 211 19 0.63%

Pine Rivers 578 379 318 61 8 766 221 2.54%

Pittsworth 15 12 7 3 0 22 4 0.07%

Pomona 0 0 0 0 0 0 0 0.00%

Pormpuraaw 32 28 9 6 0 43 4 0.14%

Proserpine 139 119 114 11 3 247 32 0.61%

Quilpie 2 2 0 1 0 3 0 0.01%

Redcliffe 538 414 364 114 8 900 174 2.36%

Richlands 695 9 2 0 0 11 225 3.05%





Order


Order

Vary Protection

Order

Revoke Protection

OrderTotal


dismissed

Richmond 9 519 253 78 6 856 0 0.04%

Rockhampton 837 711 456 252 17 1,436 194 3.68%

Roma 77 65 49 21 0 135 12 0.34%

Saibai Island 3 5 2 0 0 7 0 0.01%

Sandgate 405 324 328 151 17 820 125 1.78%

Sarina 16 15 1 0 1 17 2 0.07%

Southport 2,344 1,641 1,857 424 101 4,023 733 10.30%

Springsure 0 0 0 0 0 0 0 0.00%

StGeorge 54 47 18 9 0 74 12 0.24%

Stanthorpe 53 47 16 9 0 72 13 0.23%

Tambo 1 0 1 0 0 1 0 0.00%

Taroom 8 5 7 0 0 12 0 0.04%

Thursday Island 93 70 58 17 0 145 8 0.41%

Toogoolawah 19 17 12 4 0 33 6 0.08%

Toowoomba 620 476 318 133 10 937 182 2.72%

Townsville 1,107 844 1,019 273 12 2,148 313 4.87%

Tully 53 34 38 19 10 101 18 0.23%

Warraber Island 0 2 0 0 0 2 0 0.00%

Warwick 149 120 47 24 1 192 40 0.65%

Weipa 77 60 42 14 0 116 12 0.34%

Winton 6 5 3 0 0 8 1 0.03%

Woorabinda 60 62 8 4 0 74 0 0.26%

Wujal Wujal 5 2 4 5 0 11 1 0.02%

Wynnum 373 294 212 79 6 591 125 1.64%

Yam Island 1 3 1 0 0 4 0 0.00%

Yarrabah 122 106 43 14 3 166 17 0.54%

Yeppoon 143 112 79 41 4 236 29 0.63%

Yorke Island 2 2 0 0 0 2 1 0.01%

Total 22,754 17,641 14,563 4,594 443 37,241 6,679 100%


Appendix 4 – Child Protection applications and orders



% of state total

Child Protection

Order

Extend Protection

Order

Interim Order

Revoke Protection

Order

Vary Protection

OrderTotal

Number of applications dismissed / withdrawn

Alpha 0 16 0 61 0 0 77 0 0.00%

Atherton 19 0 0 0 0 0 0 7 0.54%

Aurukun 7 11 0 18 0 0 29 1 0.20%

Ayr 9 1 0 25 0 0 26 2 0.25%

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

Bamaga 16 8 5 22 0 0 35 6 0.45%

Barcaldine 0 0 0 0 0 0 0 0 0.00%

Beaudesert 39 29 0 43 3 0 75 8 1.10%

Beenleigh 357 223 7 801 1 0 1032 63 10.11%

Biloela 5 3 0 8 0 0 11 0 0.14%

Birdsville 0 0 0 0 0 0 0 0 0.00%

Blackall 0 0 0 0 0 0 0 0 0.00%

Blackwater 0 0 0 0 0 0 0 0 0.00%

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

Boulia 0 0 0 0 0 0 0 0 0.00%

Bowen 7 8 1 7 0 0 16 0 0.20%

Brisbane 422 410 23 815 6 0 1254 27 11.95%

Bundaberg 38 56 2 81 1 1 141 7 1.08%

Burketown 0 0 0 0 0 0 0 0 0.00%

Caboolture 120 95 15 148 0 0 258 10 3.40%

Cairns 196 247 29 311 1 2 590 15 5.55%

Caloundra 35 33 6 48 1 0 88 1 0.99%

Camooweal 0 0 0 0 0 0 0 0 0.00%

Charleville 3 1 0 4 0 0 5 2 0.08%

Charters Towers 13 7 0 6 0 0 13 0 0.37%

Cherbourg 0 0 0 0 0 0 0 0 0.00%

Childers 0 0 0 0 0 0 0 0 0.00%

Chinchilla 2 6 0 3 0 0 9 0 0.06%

Clermont 0 0 0 0 0 0 0 0 0.00%

Cleveland 54 44 7 118 0 0 169 9 1.53%

Cloncurry 0 0 0 0 0 0 0 0 0.00%

Coen 0 0 0 0 0 0 0 0 0.00%




% of state total

Child Protection

Order

Extend Protection

Order

Interim Order

Revoke Protection

Order

Vary Protection

OrderTotal


Cooktown 8 10 0 23 0 0 33 0 0.23%

Coolangatta 0 0 0 0 0 0 0 0 0.00%

Cunnamulla 15 11 0 36 0 0 47 0 0.42%

Dajarra 0 0 0 0 0 0 0 0 0.00%

Dalby 55 46 5 42 0 0 93 3 1.56%

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

Dirranbandi 0 0 0 0 0 0 0 0 0.00%

Doomadgee 5 5 0 1 0 0 6 0 0.14%

Duaringa 0 0 0 0 0 0 0 0 0.00%

Emerald 20 21 0 40 0 0 61 5 0.57%

Gatton 6 6 0 0 0 0 6 0 0.17%

Gayndah 0 0 0 0 0 0 0 0 0.00%

Georgetown 0 0 0 0 0 0 0 0 0.00%

Gladstone 88 52 5 129 1 0 187 13 2.49%

Goondiwindi 9 7 0 14 0 0 21 0 0.25%

Gympie 17 22 4 38 0 0 64 1 0.48%

Hervey Bay 42 32 1 60 0 0 93 4 1.19%

Holland Park 39 39 0 55 0 0 94 8 1.10%

Hope Vale 2 2 0 6 0 0 8 0 0.06%

Hughenden 0 1 0 0 0 0 1 2 0.00%

Ingham 5 5 0 10 0 0 15 0 0.14%

Inglewood 0 0 0 0 0 0 0 0 0.00%

Innisfail 34 29 1 27 0 0 57 1 0.96%

Ipswich 241 235 16 672 2 0 925 28 6.82%

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

Kingaroy 38 26 1 45 0 2 74 3 1.08%

Kowanyama 7 6 0 12 0 0 18 0 0.20%

Landsborough 0 0 0 0 0 0 0 0 0.00%

Lockhart River 0 0 0 0 0 0 0 1 0.00%

Longreach 1 1 0 3 0 0 4 0 0.03%

Mackay 0 88 2 219 0 0 309 7 0.00%




% of state total

Child Protection

Order

Extend Protection

Order

Interim Order

Revoke Protection

Order

Vary Protection

OrderTotal


Mareeba 107 48 0 80 0 2 130 4 3.03%

Maroochydore 35 57 5 73 0 1 136 3 0.99%

Maryborough 62 24 2 57 0 0 83 2 1.76%

Mer Island 24 0 0 0 0 0 0 0 0.68%

Millmerran 0 0 0 0 0 0 0 0 0.00%

Mitchell 0 1 0 0 0 0 1 0 0.00%

Moa Island 1 0 0 0 0 0 0 0 0.03%

Monto 0 0 0 0 0 0 0 0 0.00%

Moranbah 0 0 0 0 0 0 0 0 0.00%

Mornington Island

0 0 0 1 0 0 1 0 0.00%

Mossman 1 0 0 0 0 0 0 0 0.03%

Mount Garnett 0 0 0 0 0 0 0 0 0.00%

Mount Isa 0 69 0 145 4 0 218 15 0.00%

Murgon 82 21 0 30 5 0 56 3 2.32%

Nambour 26 0 0 0 0 0 0 0 0.74%

Nanango 0 3 0 18 0 0 21 2 0.00%

Noosa 9 2 0 1 0 0 3 0 0.25%

Normanton 2 5 0 7 0 0 12 1 0.06%

Oakey 6 0 0 2 0 0 2 0 0.17%

Palm Island 7 4 0 0 0 0 4 0 0.20%

Pine Rivers 84 79 10 78 0 1 168 9 2.38%

Pittsworth 0 0 0 0 0 0 0 0 0.00%

Pomona 0 0 0 0 0 0 0 0 0.00%

Pormpuraaw 0 8 0 0 0 0 8 0 0.00%

Proserpine 11 17 2 33 0 0 52 0 0.31%

Quilpie 2 2 0 0 0 0 2 0 0.06%

Redcliffe 49 42 2 62 1 0 107 4 1.39%

Richlands 145 133 1 320 2 0 456 23 4.11%

Richmond 0 0 0 0 0 0 0 0 0.00%

Rockhampton 66 88 0 160 3 0 251 22 1.87%

Roma 22 23 0 24 0 0 47 1 0.62%




% of state total

Child Protection

Order

Extend Protection

Order

Interim Order

Revoke Protection

Order

Vary Protection

OrderTotal


Saibai Island 1 1 0 3 1 0 5 0 0.03%

Sandgate 0 0 0 0 0 0 0 0 0.00%

Sarina 0 0 0 0 0 0 0 0 0.00%

Southport 287 233 2 577 7 1 820 42 8.13%

Springsure 0 0 0 0 0 0 0 0 0.00%

St George 4 3 0 9 0 0 12 1 0.11%

Stanthorpe 3 3 0 3 0 0 6 0 0.08%

Tambo 0 0 0 0 0 0 0 0 0.00%

Taroom 0 0 0 0 0 0 0 0 0.00%

Thursday Island 12 18 0 16 1 0 35 2 0.34%

Toogoolawah 0 0 0 0 0 0 0 0 0.00%

Toowoomba 204 178 10 342 0 1 531 27 5.78%

Townsville 194 295 1 293 6 10 605 18 5.49%

Tully 24 23 1 25 0 0 49 1 0.68%

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

Warwick 25 23 9 69 0 0 101 0 0.71%

Weipa 7 12 0 24 0 0 36 0 0.20%

Winton 0 0 0 0 0 0 0 0 0.00%

Woorabinda 0 0 0 0 0 0 0 0 0.00%

Wujal Wujal 0 0 0 10 0 0 10 0 0.00%

Wynnum 55 55 8 76 5 0 144 0 1.56%

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

Yarrabah 0 0 0 0 0 0 0 0 0.00%

Yeppoon 1 1 0 0 0 0 1 0 0.03%

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

Total 3,532 3,313 183 6,489 51 21 10,057 414 100%


Appendix 5 – Magistrates court cocations and circuits

Court locations (Magistrate resident)

Beenleigh

Bowen

Brisbane

Bundaberg

Caboolture

Cairns

Caloundra

Charleville

Cleveland

Dalby

Emerald

Gladstone

Gympie

Hervey Bay

Holland Park

Innisfail

Ipswich

Kingaroy

Mackay

Mareeba

Maroochydore

Mount Isa

Pine Rivers

Redcliffe

Richlands

Rockhampton

Sandgate

Southport

Toowoomba

Townsville

Warwick

Wynnum

Circuit court locations (by centre)

Beenleigh: Beaudesert

Bowen: Ayr

Proserpine

Brisbane: Barcaldine

Longreach

Winton

Bundaberg: Childers

Cairns: Aurukun

Badu Island

Bamaga

Boigu Island

Coen

Cooktown

Darnley Island

Hope Vale

Kowanyama

Lockhart River

Mabuiag Island

Mer Island

Moa Island

Pormpuraaw

Saibai Island

Thursday Island

Warraber Island

Weipa

Wujal Wujal

Yam Island

Yorke Island

Charleville: Blackall

Cunnamulla

Mitchell

Quilpie

Roma

Tambo


Dalby: Chinchilla

Dirranbandi

St George

Taroom

Emerald: Alpha

Blackwater

Springsure

gladstone: Monto

gympie: Noosa

Hervey Bay: Maryborough

Innisfail: Tully

Yarrabah

Kingaroy: Cherbourg

Gayndah

Murgon

Nanango

Toogoolawah

Mackay: Clermont

Moranbah

Sarina

Mareeba: Atherton

Georgetown

Mossman

Mount Garnett

Maroochydore: Nambour

Mt Isa: Birdsville

Boulia

Camooweal

Cloncurry

Dajarra

Julia Creek

Rockhampton: Biloela

Duaringa

Woorabinda

Yeppoon

Southport: Coolangatta

Toowoomba: Gatton

Millmerran

Oakey

Pittsworth

Townsville: Burketown

Charters Towers

Doomadgee

Hughenden

Ingham

Mornington Island

Normanton

Palm Island

Richmond

Warwick: Goondiwindi

Inglewood

Stanthorpe

Queensland Magistrates Court 363 George Street, Brisbane QLD 4000

GPO Box 1649, Brisbane, QLD 4001

PH 61 7 3247 4565 FX 61 7 3220 0088

www.courts.qld.gov.auFront Cover: Ipswich Courthouse and Coordinating Magistrate Donna MacCallum

WARNING: Aboriginal and Torres Strait Islander peoples are warned that this document may contain images of deceased persons. Due care has been taken to ensure that all images have been used with the appropriate consent.

Acknowledgements

Paul Marschke (Executive Director)

Magistrates Court staff: Bernard Harvey, Claire Slater, Mark Crabtree, Maryanne May, Narelle Kendall, Ray Ward

Courts Information Services: Charles Kooij

External: Lisa Davies

Magistrates Court of QueenslandAnnual Report 2009–2010

Magistrates Court of Q

ueensland Annual Report 2009–2010

magistrates court of queensland · queensland magistrates court 363 george street, brisbane qld...

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