sec.21Transfer policy

### sec.21 Transfer policy The advisory committee, in conjunction with the Chief Magistrate, must make a policy ( transfer policy ) to guide decisions about which magistrates are to constitute Magistrates Courts at particular places. The advisory committee, in conjunction with the Chief Magistrate, may amend the transfer policy to ensure its continuing effectiveness. The transfer policy must set out the procedures to be used and the matters to be considered for the purposes of transfer recommendations and transfer decisions. The transfer policy may include other matters relevant to transfer recommendations or transfer decisions that the advisory committee considers appropriate but the policy must reflect the following principles— magistrates are expected to serve in regional areas; generally, a magistrate, under a transfer recommendation or transfer decision, is to constitute a Magistrates Court at the place for a period of between 2 and 5 years; generally, before making a decision about which magistrate is to constitute a Magistrates Court at a particular place, expressions of interest are to be called for from magistrates willing to constitute a Magistrates Court at the place; subject to subsection (5) , if no expressions of interest are received, magistrates without prescribed regional experience are to be considered for constituting a Magistrates Court at a place in regional Queensland before magistrates with prescribed regional experience; a magistrate is to be consulted before a decision is made about where the magistrate is to constitute a Magistrates Court; a magistrate’s personal circumstances are to be taken into account before a decision is made about where the magistrate is to constitute a Magistrates Court. The transfer policy must also provide that regard is to be had to a magistrate’s transfer history. In this section— magistrate’s transfer history means the number of places at which a magistrate has constituted a Magistrates Court, and the number of times a magistrate has been required to change residence in order to constitute Magistrates Courts at places, since the magistrate’s appointment as a magistrate. magistrates without prescribed regional experience means magistrates who have not constituted a Magistrates Court at a place or places in regional Queensland at all or for at least 2 years within the last 10 years. magistrates with prescribed regional experience means magistrates who have constituted a Magistrates Court at a place or places in regional Queensland for at least 2 years within the last 10 years. regional Queensland means that part of Queensland outside the Beenleigh, Brisbane, Caboolture, Cleveland, Gold Coast, Ipswich, Maroochydore and Redcliffe Magistrates Courts districts. s 21 ins 2003 No. 86 s 8 amd 2017 No. 17 s 168 ; 2022 No. 12 s 44 (sec.21-ssec.1) The advisory committee, in conjunction with the Chief Magistrate, must make a policy ( transfer policy ) to guide decisions about which magistrates are to constitute Magistrates Courts at particular places. (sec.21-ssec.2) The advisory committee, in conjunction with the Chief Magistrate, may amend the transfer policy to ensure its continuing effectiveness. (sec.21-ssec.3) The transfer policy must set out the procedures to be used and the matters to be considered for the purposes of transfer recommendations and transfer decisions. (sec.21-ssec.4) The transfer policy may include other matters relevant to transfer recommendations or transfer decisions that the advisory committee considers appropriate but the policy must reflect the following principles— magistrates are expected to serve in regional areas; generally, a magistrate, under a transfer recommendation or transfer decision, is to constitute a Magistrates Court at the place for a period of between 2 and 5 years; generally, before making a decision about which magistrate is to constitute a Magistrates Court at a particular place, expressions of interest are to be called for from magistrates willing to constitute a Magistrates Court at the place; subject to subsection (5) , if no expressions of interest are received, magistrates without prescribed regional experience are to be considered for constituting a Magistrates Court at a place in regional Queensland before magistrates with prescribed regional experience; a magistrate is to be consulted before a decision is made about where the magistrate is to constitute a Magistrates Court; a magistrate’s personal circumstances are to be taken into account before a decision is made about where the magistrate is to constitute a Magistrates Court. (sec.21-ssec.5) The transfer policy must also provide that regard is to be had to a magistrate’s transfer history. (sec.21-ssec.6) In this section— magistrate’s transfer history means the number of places at which a magistrate has constituted a Magistrates Court, and the number of times a magistrate has been required to change residence in order to constitute Magistrates Courts at places, since the magistrate’s appointment as a magistrate. magistrates without prescribed regional experience means magistrates who have not constituted a Magistrates Court at a place or places in regional Queensland at all or for at least 2 years within the last 10 years. magistrates with prescribed regional experience means magistrates who have constituted a Magistrates Court at a place or places in regional Queensland for at least 2 years within the last 10 years. regional Queensland means that part of Queensland outside the Beenleigh, Brisbane, Caboolture, Cleveland, Gold Coast, Ipswich, Maroochydore and Redcliffe Magistrates Courts districts. - (a) magistrates are expected to serve in regional areas; - (b) generally, a magistrate, under a transfer recommendation or transfer decision, is to constitute a Magistrates Court at the place for a period of between 2 and 5 years; - (c) generally, before making a decision about which magistrate is to constitute a Magistrates Court at a particular place, expressions of interest are to be called for from magistrates willing to constitute a Magistrates Court at the place; - (d) subject to subsection (5) , if no expressions of interest are received, magistrates without prescribed regional experience are to be considered for constituting a Magistrates Court at a place in regional Queensland before magistrates with prescribed regional experience; - (e) a magistrate is to be consulted before a decision is made about where the magistrate is to constitute a Magistrates Court; - (f) a magistrate’s personal circumstances are to be taken into account before a decision is made about where the magistrate is to constitute a Magistrates Court.