Agency Details

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Agency ID2698
TitleMagistrate's Office, Maryborough
Agency TypeMagistrates Court
Start Date Circa 1/1/1861
End Date Current
Date NotesN/A
Abstract

Administration of Magistrates Court office

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Series

Series IDTitleFromTo
15131Police Magistrate's Letterbooks 7/6/1862 17/12/1910
15130Police Magistrate's Inwards Correspondence 1/1/1875 31/12/1895
15132Diary of Police Magistrate's Appointments 18/7/1885 5/1/1886
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 1/1/1861 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 7/12/1989
33Department of Justice and Corrective Services 7/12/1989 11/4/1991
100Department of Justice (II) 11/4/1991 29/9/1992
34Department of Justice and Attorney-General 29/9/1992 26/2/1996
120Department of Justice (III) 26/2/1996 29/6/1998
8620Department of Justice and Attorney-General (II) 29/6/1998 Current
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

Details of previous agencies do not exist or are unavailable.
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Subsequent Agencies

Details of subsequent agencies do not exist or are unavailable.
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Related Agencies

Details of related agencies do not exist or are unavailable.
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Finding Aids

This agency has no finding aids.
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Publication Notes
This agency has no publication notes.
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Remarks

Information Sources

New South Wales Government Gazette 1854, Vol. XXXV, No. 11, p. 184.
Queensland Blue Book 1860, p. 25
Queensland Government Gazette 1861, Vol. II, No. 1, p.3
Justices Act 1886
Queensland Government Gazette 1904, Vol. LXXXII, No. 30, p. 307
Queensland Blue Book 1905, p. 99
Queensland Government Gazette 1930, Public Service List 1930, Vol. CXXXV, No. 151, p.55
Justices Act Amendment Act 1941
Queensland Parliamentary Debates 1941, Vol. CLXXVII, p.177
Magistrates Act 1991
Skinner, L.E., "Law and Justice for the Colony of Queensland", Royal Historical Society of Queensland Journal, Vol. IX, No. 3, p. 104
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Legislation

Establishing N/A
Abolishing N/A
Administered Justices Act 1886
Justices Acts Amendment Act 1941
Magistrates Court Act 1921
Magistrates Act 1991
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Description
ESTABLISHMENT:
Prior to separation from New South Wales, on 23 January 1854, the Commissioner of Crown Lands for the Wide Bay and Burnett District was also appointed Police Magistrate for that district. Following separation, on 1 January 1861, a resident Police Magistrate, Maryborough was appointed.

FUNCTIONS:
Early colonial Police Magistrates not only heard cases in minor courts but also fulfilled a number of roles including supervision of the police and control of some public works expenditure. In 1905, the duties listed for the Police Magistrate, Maryborough in the Queensland Blue Book included Warden [Gold], Inspector of Pacific Islanders, Licensing Justice, Deputy Sheriff, Returning Officer, Member of Hospital Committee. By 1930, Police Magistrates by virtue of their positions were Licensing Magistrates.

Under the Justices Act 1886, the powers of Police Magistrates were strengthened, and they were given the authority to "in all cases act alone in the absence of other justices". In areas where no Clerk of Petty Sessions was appointed, the Police Magistrate could discharge that role. Police officers were required to "obey the warrants, orders, and directions" of justices (of the Peace), and justices were able to act outside the limits of their jurisdiction.

The Justices Acts Amendment Act 1941 changed the name from Police Magistrate to Stipendiary Magistrate to end confusion in the public mind that police magistrates were part of the police force. Under the Magistrates Act 1991, the title Magistrate is current.

ADMINISTRATIVE STRUCTURE:
Justices of the Peace could be appointed as Police Magistrates who were paid public servants responsible to the Colonial Secretary's Office and the subsequent agency, the Home Secretary's Office. From 27 January 1904, Benches of Magistrates and Clerks of Petty Sessions were responsible to the Justice Department. Under the Magistrates Act 1991, Magistrates must be qualified barrristers or solicitors; the Chief Magistrate may consult with Magistrates where appropriate and practicable to ensure the orderly exercise of the jurisdiction and power of Magistrates Courts; Magistrates must comply with every reasonable direction of the Chief Magistrate.




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Preferred Citation

Queensland State Archives Agency ID2698, Magistrate's Office, Maryborough
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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