The Queensland Government logo | |
The ceremonial Coat of arms of Queensland | |
Formation |
|
---|---|
Australian state | Queensland |
Website | www |
Legislative branch | |
Legislature | Parliament of Queensland; |
Meeting place | Parliament House |
Executive branch | |
Main organ | Cabinet of Queensland |
Leader | Premier |
Appointer | Governor |
Meeting place | Parliament House |
Judicial branch | |
Court | Supreme Court |
Seat | Brisbane |
The Government of Queensland, also referred to as the Queensland Government, is the Australian state democratic administrative authority of Queensland. The Government of Queensland, a parliamentary constitutional monarchy, was formed in 1859 as prescribed in its Constitution, [1] as amended from time to time. Since the Federation of Australia in 1901, Queensland has been a state of the Commonwealth of Australia, and the Constitution of Australia regulates its relationship with the Commonwealth. Under the Australian Constitution, Queensland ceded legislative and judicial supremacy to the Commonwealth, but retained powers in all matters not in conflict with the Commonwealth. Key state government offices are located at 1 William Street in the Brisbane central business district.
The Government of Queensland operates under the Westminster system, a form of parliamentary government based on the model of the United Kingdom. The Governor of Queensland, as the representative of Elizabeth II, Queen of Australia, holds nominal power, although in practice only performs ceremonial duties. The Parliament of Queensland holds legislative power, while executive power lies with the Premier and Cabinet, and judicial power is exercised by a system of courts and tribunals.
The Parliament of Queensland is the state's legislature. It consists of Her Majesty The Queen (represented by the Governor), and a single chamber; the Legislative Assembly. Queensland is the only Australian state with a unicameral parliament after a second chamber, the Legislative Council, was abolished in 1922.
The Legislative Assembly has 93 members; one representing each electoral district in Queensland. Elections for the Legislative Assembly are held every four years.
The Cabinet of Queensland is the government's chief policy-making organ, and consists of the Premier and all ministers.
Portfolio | Minister | |
---|---|---|
| Annastacia Palaszczuk | |
| Jackie Trad | |
| Cameron Dick | |
| Kate Jones | |
| Yvette D'Ath | |
| Mark Ryan | |
| Mark Furner | |
| Anthony Lynham | |
| Mark Bailey | |
| Steven Miles | |
| Grace Grace | |
| Coralee O'Rourke | |
| Leeanne Enoch | |
| Shannon Fentiman | |
| Mick de Brenni | |
| Stirling Hinchliffe | |
| Craig Crawford | |
| Di Farmer | |
Assistant Ministers | ||
| Jennifer Howard | |
| Glenn Butcher | |
| Julieanne Gilbert | |
| Brittany Lauga | |
| Meaghan Scanlon | |
The Queensland Government delivers services, determines policy and regulations, including legal interpretation, by a number of agencies grouped under areas of portfolio responsibility. Each portfolio is led by a government minister who is a member of the Parliament. As of December 2019 [update] there were 23 lead agencies, called government departments, that consist of: [2]
A range of other agencies support the functions of these departments.
The judiciary of Queensland consists of the Magistrates Court, the District Court, and the Supreme Court, as well as a number of smaller courts and tribunals. The Chief Justice of Queensland is the state's most senior judicial officer.
The Magistrates Court is the lowest tier of the judicial hierarchy of Queensland. [3] The court's criminal jurisdiction covers summary offences, and indictable offences which may be heard summarily, but all criminal proceedings in Queensland begin in the Magistrates Court, even if they are not within this jurisdiction. [4] For charges beyond its jurisdiction, the court conducts committal hearings in which the presiding magistrate decides, based on the strength of the evidence, whether to refer the matter to a higher court or dismiss it. [4] The court's civil jurisdiction covers matters in which the amount in dispute is less than or equal to $150,000. [4] Appeals against decisions by the Magistrates Court are heard by the District Court. [4]
The District Court is the middle tier of the judicial hierarchy of Queensland. [5] The court has jurisdiction to hear all appeals from decisions made in the Magistrates Court. [5] Its criminal jurisdiction covers serious indictable offences (such as armed robbery, rape, and dangerous driving). [5] The court's civil jurisdiction covers matters in which the amount in dispute is more than $150,000 but less than or equal to $750,000. [5] Appeals against decisions by the District Court are heard by the Court of Appeal, a division of the Supreme Court. [5]
The Supreme Court is the highest tier of the judicial hierarchy Queensland. [6] The court has two divisions; the Trial Division and the Court of Appeal. The Trial Division's jurisdiction covers serious criminal offences (including murder and manslaughter), and civil matters involving claims of more than $750,000. The Court of Appeal's jurisdiction allows it to hear cases on appeal from the Trial Division, the District Court, and a number of other judicial tribunals in Queensland. [6] Appeals against decisions by the Court of Appeal are heard by the High Court of Australia.
There are several factors that differentiate Queensland's government from other Australian states. The legislature has no upper house. For a large portion of its history, the state was under a gerrymander that heavily favoured rural electorates. This, combined with the already decentralised nature of Queensland, meant that politics has been dominated by regional interests. Queensland, along with New South Wales, formerly operated a balloting system known as optional preferential voting for state elections. This is different from the predominant Australian electoral system, the full preferential voting system, and in practice is closer to a first past the post ballot (similar to the ballot used in the UK), which some say is to the detriment of minor parties. The next Queensland election will use full preferential voting.
These conditions have had notable practical ramifications for politics in Queensland. The lack of an upper house for substantial legislative review has meant that Queensland has had a tradition of domination by strong-willed, populist premiers, often with arguably authoritarian tendencies, holding office for long periods.
While most Australian states have their populations heavily concentrated in the capital cities, Brisbane accounts for only about 45 percent of Queensland's population. The strong decentralisation of the population made the state a stronghold for the National Party. Before the merger of the Queensland branches of the Liberals and Nationals as the Liberal National Party, the National Party had been the senior partner in the non-Labor Coalition since 1924. In other states and federally, the long-standing coalition between the Nationals and Liberals typically has the National Party as the junior partner.
A summary offence is a crime in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment.
The Family Court of Australia is a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate. Together with the Federal Circuit Court of Australia, it covers family law matters in all states and territories of Australia except for Western Australia, which has a separate Family Court. Its core function is to determine cases with the most complex law, facts and parties, to cover specialised areas in family law, and to provide national coverage as the national appellate court for family law matters.
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.
A justice of the peace (JP) is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates may be volunteers without formal legal training who perform a judicial role with regard to minor matters.
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases. A superior court is "superior" relative to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. The highest of the superior courts is the Supreme court.
Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.
District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These include:
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.
The Supreme Court of Queensland is the highest court in the Australian State of Queensland.
The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.
The Circuit Court of Ireland is an intermediate level court of local and limited jurisdiction in the which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes which are tried in either the Central Criminal Court or the Special Criminal Court. On the civil side the Circuit Court has a considerable parallel jurisdiction — including equitable remedies — with the High Court but normally cannot award damages of more than €75,000. The Circuit Court also hears de novo appeals from the District Court in both civil and criminal matters.
The Magistrates Court of Queensland is the lowest court in the court hierarchy of Queensland, Australia. All criminal proceedings in Queensland begin in the Magistrates Court, with minor offences being dealt with summarily, and more serious ones being referred to a higher court on the strength of evidence. Most criminal cases are first heard in the Magistrates Court, as are most civil cases. The Magistrates Court hears approximately 95% of all court cases in Queensland.
The District Court of Queensland is the second tier in the court hierarchy of Queensland, Australia. The Court deals with serious criminal offences such as rape, armed robbery and fraud. Juries are used to decide if defendants are guilty or not guilty.
The Children's Court of Queensland is a specialized court in Queensland, a state of Australia which deals with serious crimes committed by children under the age of seventeen years in the state.
The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.
The judiciary of Jamaica is based on the judiciary of the United Kingdom. The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Parish Court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.
The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years. The law of The Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is an ex officio member of the Court of Appeal, but only sits at the invitation of the President.
The Supreme Court of Tonga is the superior court in Tonga. It hears criminal and civil cases and acts as an appellate court for Tonga's inferior courts, the Magistrates' Courts.
The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.
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