What it does
The Supreme Court of Queensland Act 1991 is the principal statute constituting and regulating Queensland's superior court of record. It defines the court's composition, divides it into the Court of Appeal and the Trial Division, and allocates jurisdiction between them (ss 4, 5, 28, 29, 45). The Court of Appeal inherits the jurisdiction formerly exercised by the Full Court and may exercise all jurisdiction and powers of the Supreme Court at law, in equity or under any Act (s 29(1)–(3)). The Trial Division exercises all remaining jurisdiction of the court (s 45(2)).
The Act confers administrative responsibility on the Chief Justice for the overall administration of the court and the orderly exercise of its jurisdiction (s 15(1)). The Chief Justice decides sittings and notice of sittings (s 16), may issue practice directions (s 17), and controls Supreme Court precincts (s 18). Parallel administrative responsibilities are given to the President of the Court of Appeal (s 32) and the Senior Judge Administrator for the Trial Division (s 51), each subject to the Chief Justice.
Detailed machinery is provided for judicial appointments. The Governor in Council appoints the Chief Justice, President, judges of appeal, Senior Judge Administrator and other judges by commission (ss 4, 12, 34, 37, 48). Acting judges, additional judges of appeal and reserve judges may be commissioned for limited periods, with strict eligibility, term and age criteria (ss 6, 6A, 39). A retired judge who begins hearing a proceeding before their commission ends remains seized of it (ss 6(8), 6A(4), 21(2)). Jurisdiction is not impaired by vacancies (s 7).
The Act mandates open justice but permits closure by order where public interest or the interests of justice require (s 8(2)). It preserves all pre-existing jurisdiction and power (s 10) and provides that repeal of the Supreme Court Act 1995 does not affect jurisdiction derived from it or earlier statutes (s 11). Part 9 authorises video-link facilities for detainees in certain criminal proceedings, treating the custodial end of the link as part of the court (ss 80–83). Registry arrangements, including regional and district registries, are established (s 65).