Changes to the operation of Queensland’s Magistrates Court

Queensland’s Magistrates Courts have implemented changes to court operations in response to the COVID – 19 pandemic.

From 30 March 2020, persons are prohibited from attending Court in any matter except:-

• By an aggrieved person who is applying for an urgent protection order pursuant to the Domestic and Family Violence Protection Act.
• The Media.
• With leave of the Court.

But the Police have issued me with a Notice to Appear in Court.  Do I still have to go?

All criminal matters where a Defendant has been issued with a Notice to Appear in Court or has been placed on bail to appear in Court will be adjourned to a date not less than two (2) months from the first appearance date.  No attendance is required by the defendant.  A Notice of Adjournment with the new date will be posted or sent by email to the Defendant and their legal representative.

Are the Courts hearing any matters?

The Mackay Magistrates Court is still operating but is only hearing the following matters:-

• Adults and children that have been arrested and held in custody in the watchhouse overnight.
• Urgent domestic violence applications including applications to vary domestic violence orders.
• Urgent child protection applications including applications to vary existing child protection orders.
• Bail applications including applications to vary bail.
• Domestic violence applications currently before the Court which have not been considered.
• Sentences, including lengthy sentences, where a person is likely to be released from custody.
• Where a Defendant is in custody- committal and summary mentions.
• Urgent regional Queensland Civil and Administrative Tribunal (QCAT) matters heard in the Magistrates Court.
• Applications under the Police Powers and Responsibilities Act 2000.
• Civil applications dealt with on the papers.
• Other urgent matters where leave is given by a Magistrate.

What if my driver licence has been suspended?

If you have had your driver licence suspended due to a drink driving offence, you may be eligible to apply for a section 79E Order which if granted allows you to continue driving until your charge has been heard and determined by the Court.  An application for a section 79E Order must be made within 21 days of the date the driver licence suspension was imposed.  If you think you need to apply for a section 79E Order, you should contact us immediately.

Similarly, if you have had your driver licence suspended due to a high range speeding offence or accumulation of demerit points while subject to a Good Driving Behaviour period, you may be able to apply for an Order that will also allow you to continue driving until your application is heard and determined by the Court.

Can I still see my lawyers?

Each of our three offices at Mackay, Proserpine and Cannonvale remain open and we will endeavour to keep each of our offices open so that we can continue to work for our clients.  Although we are limiting the number of face to face appointments with our clients, we are still able speak to you over the telephone to discuss any legal problems you need assistance with.