Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMMUNITY SERVICES (ABORIGINES) ACT 1984 - SECT 12

12 Appointment of magistrates to trust areas

(1) The Governor in Council may appoint a stipendiary magistrate to be responsible for 1 or more council areas and that appointment does not limit the magistrate in exercising his or her functions under any other Act.

(2) Subject to subsection (3), the magistrate appointed to a council area is to visit the area at least once every 3 months and inspect the records of the Aboriginal Court in the area.

(3) If a magistrate appointed to a council area believes that it is not necessary for him or her to personally visit the area, the magistrate is to--

(a) arrange for a clerk of the court of a Magistrates Court to visit the area at the times the magistrate would otherwise be required to attend; and
(b) arrange for a copy of the records of the Aboriginal Court to be forwarded to the magistrate for examination.

(4) The magistrate and a clerk of the court of a Magistrates Court at his or her discretion may communicate with any members of the Aboriginal Court and advise them of his or her opinions as to the harshness or leniency of sentencing by the Aboriginal Court or on any other matter the magistrate or clerk considers appropriate.

(5) Members of the Aboriginal Court are not bound to follow any such advice or opinion offered by a magistrate or clerk of the court.

(6) A clerk of the court of an Aboriginal Court who is requested under this section by a magistrate or clerk of the court of the Magistrates Court to provide a copy of the Aboriginal Court records is to take all reasonable steps to comply with that request.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]