Judicial decisions have no oversight

THERE is no independent oversight of Queensland magistrates, with police or citizens forced to appeal decisions.

The Attorney-General and the Director of Public Prosecutions can also appeal district and supreme court decisions.

A spokesman for the Officer of the Chief Magistrate said there was no judicial commission in Queensland and said if a person took issue with a result, they could seek an appeal or review.

“The Chief Magistrate has administrative responsibility for the orderly and expeditious exercise of the jurisdiction and powers of the Magistrates Courts,” the spokesman said. “Due to the principle of judicial independence … this does not extend to directing, or influencing, or seeking to direct or influence the court’s judicial officers.

“Parties who have genuine concerns about the result of a case have the option of seeking an appeal or review.

“Magistrates meet annually at a statewide conference to review and discuss all issues involving their role, including sentencing.”

The Department of Justice and Attorney-General declined to say if magistrates or courts underwent peer reviews. The Queensland Law Society declined to comment.

Bravehearts founder Hetty Johnston said her organisation would be willing to provide an oversight role on child-safety matters, but would require funding to help.

“I wish there was (oversight) … we can’t afford it and we don’t have the resources to do it,” Ms Johnston said. “If we could do it, we would love to do it. If you look at the logic in some of the sentencing it doesn’t make sense.

“If you could find us a little grant to put someone on to do that, that would be awesome.”

Ms Johnston said Bravehearts was already assisting governments with legislation and offering advice on policy.

“Every government across the country, and every organisation that is running an inquiry, will come to us and ask for our input,” she said.

“Government legislation even comes to us under embargo before it’s released for our input.

“No one pays for that, we’re under the hammer, trying to do everything on a wing and a prayer, a little bit of hope and a couple of donations.”

LNP Leader Deb Frecklington said it was up to politicians to consider law changes if the community called for it.

“If sentences are not adequate, then it is up to politicians to listen to their community and consider changing the laws,” she said.