Queensland History

The history of Sheriff in Queensland exhibits a number of elements common to its older counterpart in New South Wales. The office evolved to accommodate the vast area over which the Supreme Court had jurisdiction. It has developed a regionalisation of resources, involving the appointment of Deputy Sheriffs, to address this problem. The Office in Queensland also suffered problems of personal liability for the Sheriff’s acts or defaults.

Queensland’s origins are in the convict settlement at Moreton Bay. Independent status as a State was attained in 1859. Prior to that time it was part of New South Wales.

The effect of the New South Wales Supreme Court’s territorial jurisdiction in what is now Queensland would have been inconsequential in terms of the duties that the New South Wales Sheriff would have had to assume. The often starving convict colony at Moreton Bay would have had no call for the service of process, and only the occasional infliction of the death penalty, which the Lieutenant Governor would have been quite able to arrange without the benefit of his own Sheriff.

The slow and uncertain growth of a free settlement in the area around Moreton Bay and eventually northwards meant that a distinct Office of Sheriff was not required until 1861. the appointment and duties of the sheriff were made clear in the Supreme Court Constitution Amendment Act of 1861 and subsequently re-enacted by the Supreme Court Act of 1867. The third English charter of Justice was the model on which this legislation was based.

The Sheriff assumed a role along the lines of his New South Wales counterpart, executing court process and orders, including the death penalty. He was responsible for prisons until 1890; the detention of persons appearing in Court; and the summoning of civil and criminal juries. Until early in the twentieth century the sheriff would escort judges on circuit.

The confusion that had arisen in New South Wales concerning the Sheriff’s position relative to the Governor and the Colonial Office was avoided by the Queensland legislation. The act authorised the Governor to appoint the Sheriff “to hold office during pleasure”. The Sheriff was empowered to appoint his own officers.

However, the legislation was unsatisfactory in two important aspects. Firstly, the Sheriff was not obliged to execute any process greater than one hundred miles (200 kms) distant from where the Court sat. The size of Queensland made this provision impractical. Secondly. The possibility for the Sheriff’s personal liability for acts or defaults remained unaddressed by the legislation.

The Sheriff’s Act of 1875 remedied these two deficiencies. The Governor in Council alone would appoint bailiffs or high bailiffs at such towns and places as he considered necessary. Every bailiff so appointed was deemed to be an officer of the Sheriff. Actions brought against the Sheriff were defended in his official capacity and any damages or costs to be recovered were to be paid by the Treasurer out of consolidated revenue. This reform went further than the similar reforms that had occurred in New South Wales in 1843. The New South Wales legislation had merely lightened the burden of personal liability, while not removing it. New South Wales Sheriffs after 1843 remained liable in damages if a debtor in execution escaped from custody, but not for the debt itself.

Further staff resources were given to the Queensland Sheriff by means of the Supreme Court Act of 1895, providing for the Governor in Council to appoint duly qualified persons for the central Supreme Court jurisdiction of Queensland. This officer became known as the Central Sheriff, Rockhampton. This regionalisation of the sheriff’s authority through the appointment of deputies and bailiffs extended the process that had begun with the appointment of a Northern Sheriff in 1874 by legislation. Presently, twenty-seven Deputy Sheriffs service each of the other court districts in Queensland. The Queensland Sheriff, situated in Brisbane, has twenty-five bailiffs under his control. Each of the remaining court districts has its own bailiffs, on a full-time or part-time basis.

The Sheriff is also the Marshal in Admiralty for Queensland and has the responsibility for arresting ships in accordance with Admiralty law. The Chief Bailiff acts as Deputy Marshal. Selected Deputy Sheriffs at major court centres are also Deputy Marshals.

The incumbents of the Office of Sheriff have been:-

• W.A. Brown
• A.E. Halloran
• Captain William Townley
• Phillip Pinnock
• William Archibald Douglas
• William Henry Carvosso
• Joseph S. Emerson «‹›» 1933 – 1958
• Charles Leslie Christopherson «‹›» 1958 – 1969
• William George Foster «‹›» 1969 – 1978
• Edgar Philip Laracy «‹›» 1978 – 1980
• David Chisolm Bernays «‹›» 1980 – 1984
• Kenneth Tomas Toogood «‹›» 1984 – 1985
• Edmund Francis Green «‹›» 1985 – date

Queensland has an area of 1,727,000 square kilometres with a population (June 1990) of 2,907,000. (Australia: 7,682,000 square kilometres – population 17,085,000) – Australian Bureau of Statistics 1991.