This Act sets out how magistrates and judicial registrars in Queensland are appointed, directed, paid, moved between courts, suspended or removed, and treated while doing their jobs.
Key mechanical effects
Appointments: The Governor in Council appoints magistrates and may appoint acting magistrates and judicial registrars. The Minister must consult the Chief Magistrate before recommending appointments (s.5, s.6, s.53). A range of people may be appointed to act as magistrates, including clerks, retired magistrates and judges from other courts (s.6).
Who decides work allocation: The Chief Magistrate is given explicit responsibility to ensure Magistrates Courts work in an orderly and expeditious way and is empowered to allocate magistrates, set court days and give directions about practice and procedure (s.12).
Transfers and relocations: The Act creates a formal transfer process. The Chief Magistrate refers proposed changes about where magistrates sit to a court governance advisory committee (the advisory committee), which works with the Chief Magistrate to make a transfer policy and transfer recommendations (s.15–s.21, s.23). The Chief Magistrate considers the committee’s recommendation but is not bound by it; if the Chief Magistrate proposes a different decision the magistrate must be notified and given at least 14 days to make representations (s.27–s.29). A magistrate can seek review by a Supreme Court judge if the Chief Magistrate’s decision departs from the advisory committee’s recommendation (s.33–s.40). Short temporary transfers under 3 months can be made without following the full transfer process (s.30).
The Magistrates Act 1991 establishes the statutory framework governing the appointment, tenure, powers, oversight and discipline of magistrates in Queensland. At its core, the Act replaces the former stipendiary magistrate system (see transitional s 54 and s 55) with a modern, independent judicial office. Section 5(1) empowers the Governor in Council to appoint as many magistrates as necessary for the business of the Magistrates Courts. Qualifications are prescribed in s 4(1): a person under 70 years who is a barrister or solicitor of the Supreme Court of Queensland or of another Australian jurisdiction or the High Court with at least five years' standing.
The Act confers statewide jurisdiction (s 8): a magistrate may exercise all jurisdiction and powers conferred on a magistrate or two justices by any Queensland law. This is reinforced by s 50, which requires all courts to take judicial notice of a person's signature coupled with the title "magistrate", "Chief Magistrate", "Deputy Chief Magistrate" or "acting magistrate".
A central innovation is the structured transfer regime (Parts 5 and 6). The Chief Magistrate must refer decisions about initial postings, continuations or changes of location to the court governance advisory committee (s 23(1)). The committee, chaired by the relevant Deputy Chief Magistrate and including the State Coroner and three temporary magistrate members (s 17), must produce and apply a transfer policy (s 21). That policy must reflect principles such as expectation of regional service, 2-5 year postings, calling for expressions of interest, and consideration of personal circumstances and transfer history (s 21(4)-(6)). The Chief Magistrate is not bound by the committee's recommendation but must give reasons and afford further procedural fairness if departing from it (ss 27-29).
Temporary transfer decisions for periods under three months bypass the full process (s 30). Magistrates subject to a transfer decision that differs from the recommendation may apply to a Supreme Court judge for review on grounds of unreasonableness or denial of procedural fairness (s 33, s 40). The review stays the decision (s 33(3)) and is final (s 40(6)).
Current sections
Direct links to the current provisions in Magistrates Act 1991.
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Judicial registrars: The Act authorises appointment of judicial registrars, sets eligibility and employment terms, and allows the Chief Magistrate to issue practice directions that let registrars hear and decide certain kinds of applications or constitute a Magistrates Court for prescribed matters (s.53–s.53J). Judicial registrars have much of the judicial authority of magistrates for specified work, but cannot punish for contempt (s.53I(4)).
Oaths and formalities: New appointees must take a prescribed oath or affirmation within three months or they cease to hold office (s.9, s.53F). Transitional and validation provisions preserve the validity of some earlier acts and oaths where technical defects occurred (e.g. ss.68–70, 74).
Suspension and removal: The Governor in Council may suspend a magistrate or judicial registrar, but only after a Supreme Court judge (on the Attorney‑General’s application) decides there are reasonable grounds for believing proper cause for removal exists (s.43, s.53O). A magistrate or judicial registrar is suspended automatically on certain indictable‑offence events (arrest, committal, indictment) and suspension continues until the processes specified in the Act run their course (s.44, s.53P). Removal from office requires a Supreme Court decision that proper cause exists (s.46, s.53R).
Pay and terms: Magistrates and acting magistrates are paid under the Judicial Remuneration Act with allowances decided by the Governor in Council; acting magistrates receive a proportionate salary and leave for the acting period (s.47, s.47A). Judicial registrars’ salaries and conditions are decided by the Governor in Council and published in the gazette; their remuneration cannot be reduced during appointment (s.53C).
Legal protections: Magistrates and judicial registrars receive the same protection and immunity in performing their functions as Supreme Court judges do in their functions (s.51 for magistrates; s.53M for registrars). Courts must take judicial notice of titles/signatures identifying judicial officers (s.50).
Regulation power: The Governor in Council may make regulations for the Act (s.52).
Who pays, who decides, and what behaviour changes
Who pays: Salaries come from the framework in the Judicial Remuneration Act and allowances are decided by the Governor in Council. Acting magistrates and registrars are paid proportionally for acting periods (s.47, s.47A, s.53C).
Who decides: Appointments are formalised by the Governor in Council on ministerial recommendation after consultation with the Chief Magistrate (s.5, s.6, s.53). Operational allocation of work is a managerial power of the Chief Magistrate (s.12). The advisory committee develops transfer policy and makes recommendations (s.15–s.21), but the Chief Magistrate retains final decision authority (s.28). Suspension and removal involve the Attorney‑General, the Governor in Council and the Supreme Court (s.43–s.46, s.53O–s.53R).
Behaviour changes required: Magistrates must follow reasonable directions from the Chief Magistrate and must not practise law for fee (s.41). Magistrates and registrars must take oaths promptly and may need to accept transfers or directions about where and when they sit (s.9, s.24, s.41, s.12, s.21).
Stated purpose claims and how the Act’s mechanisms produce trade-offs
Stated purpose: The Act explicitly assigns the Chief Magistrate responsibility for ensuring orderly and expeditious exercise of Magistrates Court jurisdiction (s.12). The introduction of the advisory committee and the transfer policy mechanism is presented as a procedural means to guide where magistrates sit (s.15–s.21).
How the mechanisms work and the trade-offs they create (source‑grounded):
Central management and flexibility: The Chief Magistrate has broad allocation powers (s.12) and can depart from the advisory committee’s recommendation (s.28). That concentrates operational discretion with the Chief Magistrate (s.12, s.28). The source therefore creates a trade‑off between centralised scheduling flexibility and the need for procedural checks (advisory committee involvement and rights to be heard, ss.15–s.26, s.24). The advisory committee and required written reasons (s.26, s.29) act as procedural constraints but do not remove decisional discretion (s.28).
Cost and administrative burden: The transfer process requires notice and opportunities to be heard (minimum 14 days, s.24, s.28) and advisory committee meetings (s.17–s.20). That creates explicit procedural steps the administration must handle and magistrates may use, implying administrative time and recordkeeping costs (ss.17–s.20, s.24). Where a Chief Magistrate’s decision departs from the advisory committee’s recommendation, a magistrate may seek Supreme Court review (s.33), which imposes potential litigation time and costs; the Act provides each party bears their own costs unless exceptional circumstances justify an award (s.40(3)–(4)).
Workforce mobility incentives: The transfer policy requires magistrates to be expected to serve in regional areas and sets typical posting lengths (2–5 years) and consultation requirements (s.21). The policy’s mechanics encourage rotation to regional posts (s.21), which affects magistrates’ private relocation choices and may create personal costs that the Act recognises by requiring consultation and consideration of personal circumstances (s.21(4)(e)–(f)).
Use of judicial registrars to reallocate work: The Act authorises the Chief Magistrate to direct certain lower‑risk or procedural applications to judicial registrars by practice direction (s.53J), increasing capacity to process applications without a magistrate. That shifts workload and may change how quickly certain matters are dealt with, while preserving magistrates’ authority over matters registrars must refer up (s.53K).
Safeguards for removal and suspension: Suspension and removal procedures involve judicial oversight (Supreme Court involvement) and Attorney‑General initiation (s.43–s.46), which imposes legal and procedural safeguards at the cost of potentially slower removal processes. Automatic suspension on indictable‑offence events (s.44, s.53P) prioritises immediate protective action, while later judicial processes determine removal (s.46, s.53R).
Implementation and compliance risks visible in the text
Bureaucratic discretion: The Chief Magistrate’s broad powers (s.12) and the Governor in Council’s control over appointments and allowances (s.5, s.47, s.53C) create significant executive discretion in human‑resource and operational decisions.
Procedural complexity: The multi‑step transfer process (referral, advisory committee recommendation, Chief Magistrate decision, potential Supreme Court review) creates multiple points where delays, disagreement or litigation can arise (ss.23–s.40).
Administrative cost: Notice, meetings, written reasons and publication requirements (e.g., notices of suspension/removal in the gazette, ss.43(6), 46(6), s.53O(6), s.53R(6)) impose predictable administrative workloads on the court administration.
Who benefits and who bears costs (mechanically stated)
Concentrated decision power and job design benefits accrue to the Chief Magistrate and the administrative structure that implements transfers and practice directions (s.12, s.53J). Appointing authorities (Governor in Council) and the Attorney‑General exercise formal powers over appointments, suspensions and removal (s.5, s.43, s.46).
Costs and constraints fall on individual magistrates and registrars in the form of posting/transfer obligations, consultation and representation duties, restrictions on outside practice, and potential suspension procedures (s.21, s.24, s.41, s.44). Parties seeking judicial review may bear litigation costs unless the judge orders otherwise in exceptional circumstances (s.40(3)–(4)).
Primary statutory references (examples)
Appointments and acting appointments: ss.5–7, s.6(1)
Chief Magistrate powers and delegation: s.12
Advisory committee and transfer policy: ss.15–21
Transfer procedure, notice and review: ss.23–33, ss.26–29, s.30
Suspension, indictable charges and removal: ss.43–46 (magistrates); ss.53O–53R (judicial registrars)
Pay and conditions: ss.47, 47A, 53C
Oaths: s.9, s.53F
Judicial registrars and practice directions: ss.53–53J
Protection and immunity: s.51 (magistrates), s.53M (registrars)
This summary is drawn from the Act’s text and highlights the mechanical rules, decision points, and procedural protections the Act creates. It describes who pays, who decides, the changes in duties and the procedural checks that are written into the Act (with section references).
Chief Magistrate functions are detailed in s 12. The Chief Magistrate ensures the orderly and expeditious exercise of jurisdiction, may issue practice directions, allocate work, nominate coordinating magistrates, and direct professional development. Delegation of certain powers to Deputy Chief Magistrates or full-time magistrates is permitted (s 12(5)). Deputy Chief Magistrates exercise functions directed by the Chief Magistrate and may act in the Chief Magistrate's absence (s 14).
Tenure and removal are tightly regulated. A magistrate ceases office on resignation, election to retire after 55, removal, attaining 70, or failure to take the prescribed oath within three months (s 42, s 9(3)). Suspension requires Supreme Court pre-approval that reasonable grounds for removal exist (s 43(2)). Proper cause for removal includes incompetence, incapacity, misbehaviour or failure without excuse to comply with a transfer decision (s 43(4)). Automatic suspension occurs on arrest, charge or committal for an indictable offence anywhere in Australia (s 44). Remuneration continues during suspension unless conviction occurs, subject to exceptions where conviction is quashed or the Supreme Court finds no proper cause (s 45).
Part 9A, inserted in 2007, creates the office of judicial registrar. Appointment mirrors magistrate processes (s 53). Judicial registrars may hear and determine prescribed applications (e.g. consent domestic violence orders, certain bail applications, Corporations Act examinations) and constitute the court for prescribed mentions (s 53I, s 53J). Their decisions are taken to be those of a magistrate for appeal purposes (s 53L). They enjoy the same protection and immunity as magistrates (s 53M).
Oaths are mandatory (s 9 for magistrates, s 53F for judicial registrars). Acting magistrates and acting judicial registrars have full powers during their acting period (s 6(8), s 53A(7)) but hold judicial office only during that period for remuneration purposes (s 6(9)).
Protection and immunity are absolute for functions or powers, including administrative ones (s 51, cross-referencing Supreme Court of Queensland Act 1991 s 27). The Act contains extensive transitional and validation provisions (Part 10) that preserve pre-1991 appointments, validate past oaths taken under superseded regulations (ss 68-70), and confirm the validity of acting appointments even where the appointee was over 70 (s 74).
In short, the Act does three things: (1) creates and regulates the judicial office of magistrate and judicial registrar; (2) establishes a governance and transfer system that balances administrative efficiency with procedural fairness and regional service; and (3) provides strong tenure protections while allowing disciplined removal only after independent judicial scrutiny.
Who it affects
The primary subjects are magistrates (full-time, part-time and acting), judicial registrars (full-time, part-time and acting), the Chief Magistrate, Deputy Chief Magistrates, the advisory committee, the Attorney-General, the Minister, the Governor in Council and, indirectly, litigants appearing in Magistrates Courts.
Any person meeting the s 4 criteria (qualified lawyer under 70) may be appointed. Clerks of the court may act as magistrates only in exceptional circumstances (s 6(3)). Retired magistrates under 75 may be appointed to act (s 6(1)(g), definition in s 6(11)). District Court judges or Supreme Court judges may act with consent of their head of bench (s 6(1)(e)-(f)).
The Chief Magistrate (who may be a magistrate or a District Court judge) exercises broad administrative powers and is subject to the tenure and removal rules in s 11 when a District Court judge. Deputy Chief Magistrates (s 5(7), s 13) perform delegated functions and may act as Chief Magistrate (s 12(2)(g)).
The advisory committee (s 15-20) comprises the relevant Deputy Chief Magistrate (chair), the State Coroner and three temporary magistrate members, at least one from outside south-east Queensland. Its members must manage conflicts of interest (s 20(3)).
Judicial registrars must meet the same eligibility criteria as acting magistrates (s 53(3)). Public servants, police officers and employees of prescribed authorities (departments, Crime and Corruption Commission, Legal Aid Queensland, police service or declared entities) may be appointed while preserving accrued rights (s 53D).
Litigants are affected because decisions made by judicial registrars are treated as magistrate decisions for appeal purposes (s 53L), and because the transfer regime directly influences which magistrate hears their matter. The broader community is affected by the regional service principles in the transfer policy (s 21(4)(a)).
Key duties and rights
Duties of magistrates
Comply with every reasonable direction of the Chief Magistrate or authorised magistrate (s 41(1)).
Full-time magistrates must devote their whole time to duties (s 41(2)), subject to Governor in Council approved compatible offices (s 41(3)).
Cannot practise as a barrister or solicitor for fee or reward (s 41(5)).
Must take the prescribed oath or affirmation within three months or cease to hold office (s 9(3)).
Must comply with transfer decisions (s 43(4)(d) makes non-compliance without reasonable excuse proper cause for removal).
Must undertake professional development as directed (s 12(4)).
Duties of Chief Magistrate
Ensure orderly and expeditious exercise of jurisdiction (s 12(1)).
Consult magistrates where appropriate before exercising powers (s 12(2)).
Make transfer policy with advisory committee and apply it (ss 16(a), 21, 27).
Refer transfer matters to the advisory committee (s 23).
Give written notice and reasons for transfer decisions (s 29).
Direct acting magistrates and judicial registrars when to sit (s 12(2)(h), s 6(6)).
Rights of magistrates
Procedural fairness before adverse transfer recommendations or decisions (ss 24, 28).
14-day opportunity to make written or verbal representations (including by teleconference).
Review by Supreme Court judge if transfer decision differs from recommendation (s 33).
Remuneration and allowances under the Judicial Remuneration Act 2007; part-time salary is pro-rata (s 47).
Preservation of public service rights on appointment and re-entry (s 48).
Immunity equivalent to a Supreme Court judge for all functions, including administrative (s 51).
Continuation of jurisdiction after retirement to complete part-heard matters (s 49).
Rights and duties of judicial registrars mirror the above with necessary adaptations (ss 53H, 53M, 53N). They must refer matters they consider should be heard by a magistrate (s 53K).
The advisory committee has the right to receive referrals, make recommendations after considering representations, and conduct meetings by majority with casting vote (ss 18-20).
Penalties and enforcement
The Act does not create conventional criminal offences. Enforcement operates through tenure and discipline mechanisms.
Suspension is the principal interim measure. The Governor in Council may suspend on Supreme Court advice that reasonable grounds for removal exist (s 43(1)-(2)). Automatic suspension occurs on any indictable charge (s 44(1)). Notices of suspension and lapsing must be gazetted (ss 43(6), 44(6)).
Removal requires a Supreme Court finding of proper cause (s 46(1)). Proper cause includes incompetence, incapacity, misbehaviour, or failure to comply with transfer decisions (s 43(4)). For judicial registrars the grounds are similar but omit the transfer-specific ground (s 53O(4)).
Remuneration consequences are significant. A suspended magistrate continues to be paid unless convicted of an indictable offence (s 45(1)-(2)). Even after conviction, pay continues if the conviction is quashed or the Supreme Court finds no proper cause for removal (s 45(3)). Equivalent rules apply to judicial registrars (s 53Q).
Failure to take the oath within three months causes automatic cessation of office (s 9(3), s 53F(3)). Validation provisions (ss 68-70) preserve past exercises of jurisdiction despite technical oath defects, but new appointments must comply.
Non-compliance with a transfer decision without reasonable excuse is expressly proper cause for removal (s 43(4)(d)). Directions to undertake professional development are enforceable through the same disciplinary route.
Costs on review are "each bear own" unless exceptional circumstances exist; a declaration of invalidity is not itself exceptional (s 40(3)-(5)).
How it interacts with other laws
The Act is not standalone. It is expressly subject to the Childrens Court Act 1992 (s 12(2)). Jurisdiction under that Act and the Domestic and Family Violence Protection Act 2012 is exercised by magistrates or judicial registrars as directed.
Cross-references are pervasive:
Justices Act 1886 s 22B(1)(c) (places where Magistrates Courts are constituted) – see ss 5(3), 12(2)(a).
Supreme Court of Queensland Act 1991 s 111 (commencement linkage, s 2) and s 27 (immunity).
Judicial Remuneration Act 2007 (salary, acting period, s 6(9), s 47, s 47A).
Constitution of Queensland 2001 s 61 (removal of Chief Magistrate who is a District Court judge, s 11(4)).
Public Sector Act 2022 (expressly excluded for magistrates, acting clerks, and judicial registrars – ss 5(11), 7(2), 53C(1), 53B(2)).
Bail Act 1980, Uniform Civil Procedure Rules 1999, Corporations Act 2001 (Cth) and QCAT Act (practice directions under s 53J).
Evidence Act 1977 s 42 (judicial notice of signatures).
Judges (Pensions and Long Leave) Act 1957 (service as Chief Magistrate counts, s 11(3)).
The transfer policy must be read with the Act's procedural fairness requirements, which import common-law natural justice but codify it in detail (ss 24, 28). Supreme Court review under s 40 is narrower than general judicial review; it is limited to Wednesbury unreasonableness or procedural fairness denial.
Validation and transitional provisions (Part 10) interact with repealed regulations (e.g. Magistrates Regulation 2003) to preserve past oaths and appointments (ss 68-70, s 74).
Recent changes and why
The most recent substantive amendments appear in the Respect at Work and Other Matters Amendment Act 2024, which substituted s 51 to confirm that immunity for administrative functions has always existed (s 75 makes the amendment retrospective except for proceedings commenced before introduction). This was a direct response to doubts raised about the scope of judicial immunity for non-adjudicative decisions.
The Court and Civil Legislation Amendment Act 2017 expanded "regional Queensland" in the transfer policy by including the Gympie and Toowoomba districts in the non-regional list, thereby altering which magistrates are treated as having "prescribed regional experience" (reflected in ss 21(6) and transitional s 72-73).
The Justice and Other Legislation Amendment Act 2010 raised the mandatory retirement age from 65 to 70 (amending s 4(1), s 42(d)), extended acting magistrate appointments to age 75 (s 6(5)), and made related validation changes (ss 65-66).
The 2008 amendments (Justice and Other Legislation Amendment Act 2008) clarified remuneration for acting magistrates is limited to the "acting period" (s 47A, transitional s 63) and validated prior directions given by the Chief Magistrate (s 62).
The Magistrates Amendment Act 2003 was the most transformative. It abolished the old committee structure, created the court governance advisory committee, introduced the mandatory transfer policy and reviewable transfer decision regime (Parts 5-7), and inserted procedural fairness safeguards. It also aligned the Chief Magistrate's tenure with District Court judge protections when a judge is appointed (s 11).
These changes were driven by three policy goals: (1) improving regional judicial service while protecting against arbitrary transfers; (2) enhancing procedural fairness after litigation concerning magistrate relocations; and (3) increasing court efficiency through judicial registrars (added 2007) who now dispose of large volumes of consent and interlocutory matters.
Court challenges and controversies
Although the Act itself has not generated a large body of superior court authority, several provisions have been tested.
The transfer regime was designed to meet procedural fairness concerns that arose in earlier unreported litigation about magistrate relocations. The 14-day representation rights (ss 24, 28) and limited Supreme Court review (s 40) reflect a deliberate legislative choice to confine merits review. No reported decision has yet declared a transfer decision of no effect under s 40(2), suggesting the high threshold ("so unreasonable that no person having the functions of the Chief Magistrate could properly consider…") is effective.
Oath-related validations (ss 68-70, inserted 2015) responded to a systemic administrative error between 2013 and 2015 where magistrates and judicial registrars took the 2003 regulation oath rather than the form prescribed by the 2013 regulation. The validations confirm that jurisdiction exercised during that period was not invalidated. A similar validation for acting magistrates appointed after age 70 (s 74, 2022) addressed an earlier oversight in appointment instruments.
The immunity provision (s 51) has been amended twice to remove doubt that administrative functions attract the same protection as a Supreme Court judge. The 2024 retrospective clarification (s 75) indicates that a proceeding had been threatened or commenced that questioned the scope of immunity for case-allocation or rostering decisions.
Controversies have also surrounded the use of acting magistrates who are clerks of court. Section 7 and s 53B preserve public service rights and exclude the Public Sector Act while acting, but the "exceptional circumstances" test in s 6(3) reflects ongoing tension between using experienced court staff and maintaining the independence and perceived status of the magistracy.
No reported Supreme Court decision has yet explored the precise content of the transfer policy principles or the interaction between s 21(5) (regard to transfer history) and the duty to consider personal circumstances.
Gotchas
Most practitioners do not realise that a judicial registrar's decision on a prescribed application is taken to be a magistrate's decision for the purposes of the appeal provisions in the Magistrates Courts Act 1921 ss 45 and 45A, the Domestic and Family Violence Protection Act 2012 Part 5 Division 5, and Bail Act 1980 s 19B(3) (s 53L). This means appeal rights and time limits run from the registrar's order exactly as if a magistrate had made it; there is no intermediate "review by magistrate" step.
The automatic suspension trigger in s 44(1) applies to any indictable offence charged anywhere in Australia, including offences that can be dealt with summarily. The definition of "indictable offence" in s 3 expressly includes those dealt with summarily. A magistrate charged with an indictable offence that is later dealt with summarily remains suspended until the charge is finalised or the Governor in Council lifts the suspension.
The transfer policy's "2-5 year" norm (s 21(4)(b)) is not a legal maximum. Section 5(3)(b) allows the initial appointment instrument to specify up to five years for the second posting, but the Chief Magistrate may, for "good reason directly related to the magistrate", alter the location before that period ends (s 5(5)). The "good reason" examples in s 5(5) (incompatibility with community or with another magistrate) are not exhaustive.
A magistrate who has taken the oath under the repealed Magistrates Regulation 2003 is, by force of the 2015 validation (s 68), treated as having taken the current form. However, any magistrate appointed after 24 April 2015 who has not taken the current form within three months ceases to hold office automatically (s 9(3)). There is no power to extend time.
Acting magistrates hold judicial office "only during the acting period" for the purposes of the Judicial Remuneration Act 2007 s 28 (s 6(9)). This has pension and long-leave implications that are easily overlooked when retired magistrates are appointed under s 6(1)(g).
The advisory committee's conflict-of-interest rule (s 20(3)) requires disclosure and non-participation, but a failure to disclose "does not, of itself, affect the advisory committee's consideration of the matter or any transfer recommendation" (s 20(4)). This limits the grounds on which a transfer decision could be attacked for bias.
Section 49A, inserted in 2011, allows a court to set aside any ruling or finding made by an "original magistrate" who becomes incapacitated and to order a hearing de novo. Costs of the aborted hearing may be dealt with afresh. This provision is rarely cited but critical when a magistrate dies or is certified incapable mid-hearing.
How to comply
For magistrates and judicial registrars
Ensure the prescribed oath or affirmation is taken before a Supreme Court, District Court or magistrate judge within three months of appointment (s 9, s 53F). Keep a record.
Comply with every reasonable Chief Magistrate direction, including transfer decisions and professional development requirements (s 41(1), s 12(4)).
If asked to express interest in a posting or respond to a proposed transfer recommendation, do so within 14 days, preferably in writing, addressing the transfer policy criteria (s 22, s 24).
Maintain compatibility of any additional office or employment with the judicial role and obtain Governor in Council approval where required (s 41(3)-(4), s 53H(3)-(4)).
Immediately cease any incompatible activity if directed by the Governor in Council (s 41(6)).
For the Chief Magistrate and Deputy Chief Magistrates
Maintain and apply the transfer policy; document departures and reasons (s 21, s 27).
Refer all mandatory matters to the advisory committee (s 23).
When departing from a committee recommendation, give fresh notice and 14-day representation rights (s 28).
Issue practice directions under s 53J only for the categories listed; update them as legislation changes (e.g. after amendments to the Bail Act or Domestic and Family Violence Protection Act).
Delegate only the powers listed in s 12(5) and only to a Deputy or full-time magistrate.
For appointing authorities and the advisory committee
Consult the Chief Magistrate before recommending any magistrate appointment (s 5(2)).
For acting appointments, ensure the instrument specifies the period or matter and, for retired magistrates, ends before age 75 (s 6(5)).
When constituting the advisory committee, ensure at least one temporary member sits outside south-east Queensland districts (s 17(4)) and observe the four-year cooling-off period for reappointment (s 17(6)).
For practitioners advising clients
Check whether an order was made by a judicial registrar; if so, appeal rights run immediately (s 53L).
In any proceeding where a magistrate has become incapacitated, consider an application under s 49A for directions, including setting aside prior rulings.
When a magistrate is charged with an indictable offence, advise that automatic suspension occurs immediately, regardless of whether the matter is ultimately dealt with summarily.
In transfer-related disputes, the only available challenge is the narrow s 33 review; general judicial review is excluded by the statutory scheme.
Compliance is best achieved by maintaining a register of oath dates, transfer history, and professional development, and by treating every Chief Magistrate direction as presumptively reasonable unless it clearly falls outside the statutory purposes in s 12.