Introduction
The doctrine of supremacy of parliament is fundamental to representative democracy. Parliament has the power, within limits set by its constitution, to decide what the laws will be. This power includes the power to establish a court system and the general rules under which it will operate. However, under the doctrine of a separation of powers, courts have a responsibility to resolve matters of interpretation and disputation where Acts of parliament may be ambiguous or silent. Moreover, the exercise of these functions without apparent fear or favour implies a measure of judicial independence from the other branches of government. Apart from judges salaries that are established by a special tribunal, other resources required to operate Queensland's court system depend on allocations for which the Minister for Justice and Attorney General is the responsible minister.

Courts under a Federal System
Under the Australian Constitution, the division of powers at s.51 leads to a division between the jurisdiction of courts. Thus, the Federal and the Queensland court systems are two separate systems that exist under authority of the Australian and Queensland Parliaments respectively. 

Judges Salaries
The Judges (Salaries and Allowances) Act 1967 provides for a tribunal independent of the executive to report to parliament on salaries of judicial officers.

The Supreme Court
The Supreme Court Constitution Amendment Act 1861 declared the existence of the Supreme Court of Queensland. The Supreme Court Act 1991 is the current legislation governing the composition and operation of the Court, which consists of a Chief Justice, a President of the Court of Appeal, other judges of appeal, a Senior Judge Administrator, and such judges as are appointed by the Governor in Council. (s.11). Section 12 provides for the appointment of a Chief Justice who is responsible under s.13A for overseeing the work of the divisions of the Court.

Trial Division
The Supreme Court has an original jurisdiction in civil and criminal matters as well as responsibilities of judicial review of administrative decisions. The court has an unlimited jurisdiction in civil matters. The criminal jurisdiction involves serious crimes of murder, attempted murder, manslaughter and serious drug offences.

Background
The Parliament first established District Courts in 1866, abolished them in 1921 and re-established them in 1958 to ease the workload of the Supreme Court workload. The District Court of Queensland Act 1967 is the current legislation that governs the composition and operation of the District Court system. A Chief Judge oversees the work of the District Court consistent with the idea of an independent judiciary. 

Districts
In trying to facilitate administration of justice in the district in which the matter arises, the  provides for declaration of districts by regulation, subject to compatibility with Magistrate Court districts. (See District Court locations)

Where a charge is more serious, the Magistrate hears evidence and decides in a committal whether it is sufficient for the accused person to have a case to answer in a higher court. depending on the seriousness of the charge and the circumstances of the case, the magistrate may grant bail or order the accused to be held in custody pending trial in the higher court.

Federal Offences
Under arrangements with the Commonwealth Government, the Magistrates Court can deal with offences against federal laws. Generally prosecution occurs through the Commonwealth Director of Public Prosecutions, the Australian Government Solicitor or various officers authorised by Commonwealth Acts (as in Taxation Acts).

Small Claims Tribunal
Established under the Small Claims Tribunal Act 1973, the extent of the jurisdiction of a small claims tribunal is set out in s.16 with a 'prescribed amount' of not more than $7500. This may include considerations under s.18 of the Dividing Fences Act 1953. (see Small Claims Tribunal Fact Sheet)

Children's Court
The Children's Court has a jurisdiction under the Childrens Court Act 1992 and the Juvenile Justice Act 1992 in dealing with children under 17 years charged with criminal offences. Many of these provisions aim to rehabilitate young offenders. The law provides for hearings to occur in private and prohibits reporting of matters that can publicly identify young persons before the Court. (See also Department of Families - Home Page > Youth Justice)

Drugs (Rehabilitation of Offenders) Pilot program Court
The Pilot Program began in June 2000 and is due to end in December 2003. The Drug Rehabilitation (Court Diversion) Act 2000 aims to reduce various social costs associated with drug dependency and allows an Intensive Drug Rehabilitation Order as a sentencing option that avoids imprisonment.

Coroners Court
The Coroners Court has jurisdiction under the Coroners Act 2003 to investigate suspicious deaths. An important part of this inquisitorial process (in proceedings generally known as inquests) is to identify causes. The aim is to prevent recurrences of fatal incidents without pre-empting any subsequent civil or criminal court proceedings in regard to fault, blameworthiness or liability. 

Industrial Magistrates Court
This court deals with claims for unpaid wages, disputes regarding workers compensation and issues involving workplace health and safety. Appeals against the decision of an Industrial magistrate are heard in the Industrial Court. 

Justices of the Peace
The Justices of the Peace and Commissioners for Declarations Act 1991 continues an ancient honorary office of Justice of the Peace (JP). This contrasts with a Stipendiary Magistrate (SM) of comparatively recent origin as a paid judicial officer. The Act at s.31 allows a designation, depending on qualifications as Commissioner for Declarations (C.dec) JP (Magistrates Court), JP (Qualified) and JP (Commissioner for Declarations).

Two persons qualified as JP (Mags Ct) can constitute a Magistrates Court. A JP (Qual) has a power to issue warrants, among other things. A JP (C.dec) has a power to witness documents and declarations some fo which may be made under oath.

Background
The Supreme Court Act 1991 at Part 8 provides for ADR processes into the overall Queensland court system - that is, Supreme, District and Magistrate Courts. The objects of ADR are set out in s.94 and include reduction of cost, delay, technicality and formality in negotiating settlements and resolving disputes.

The District Court of Queensland Act 1967 at Part 7 provides for ADR processes in the District Court with objects set out in s.89) 

District Court of Similar provisions 

The ADR Process

Constitution of the Planning and Environment Court
The Local Government (Planning and Environment) Act 1990 abolished the Local Government Court and established the Planning and Environment Court. The Integrated Planning Act 1997 (herein called IPA) at s.6.2.1, repealed the Local Government (Planning and Environment) Act 1990 and re-enacted provisions in Chapter 4, Part 1 to continue the functioning of the Planning and Environment Court. District Court judges preside over the Planning and Environment Court and it is, for operational purposes, a division of the District Court system.

Moreover, every decision of the court is final, conclusive and unimpeachable on grounds of informality or want of form. (s.4.1.2(3)). The court is to operate openly and there are strict limits on matters that may be heard in chambers. (s.4.1.3). 

Queensland Planning and Environment Judgements
Recent written judgements of Queensland's Planning and Environment Court are available online in Portable Document Format (PDF) from the Queensland Courts website. The Australian Legal Information Institute website (AUSTLII) also contains judgements of the Queensland Planning and Environment Court since 1999.

Appeals to Court of Appeal
The Queensland Court of Appeal may grant leave to appeal from a decision of the Planning and Environment Court on a matter of law. A search on Queensland Court of Appeal cases involving the Planning and Environment Court on the Australian Legal Information Institute website (AUSTLII) gave the following results. 

Planning Decisions in other Jurisdictions
While planning law varies in detail between jurisdiction, it can also express some planning policies in the same or similar language. Where this similarity occurs, the decision of a court of the same or higher standing in another jurisdiction may be influential, though not necessarily binding on Queensland's Planning and Environment Court or the Court of Appeal.   

Background
The Land Court is a specialised legal tribunal. The qualifications of members reflect this specialisation, but rules regarding appointment, remuneration and termination are consistent with those of an independent  judiciary. 

Significant periods in Queensland's history saw major development under conditions where the Queensland Government was a landlord and a many voters were tenants or aspiring landholders. Accordingly, legislating the arrangements between landlord and tenants and dealing with the alienation of Crown land as freehold tended to be a dominant agenda item in parliamentary proceedings. The Land Court was an early attempt to provide checks and balances on the operations of the administration on matters related to Crown lands.

Various enactments, repeals and re-enactments established and continued operation of the Land Court and the Land Appeal Court over an extended period. The Land Court Act 2000 contains the current provisions relating to the Court's operations. Section 79 repeals the previous provisions contained in the Land Act 1962 and preserved in the Land Act 1994 at s.521.

Jurisdiction of the Land Court
In earlier times, the Court's jurisdiction involved issues of compliance with Crown land leasing conditions and assessment of rentals. Nowadays, the Court's has a jurisdiction as given to it under any Act of the Queensland Parliament (s.5). (See list of legislation giving jurisdiction to the Land Court)

In becoming specialised in disputes related to Crown land rentals, the Court became an appropriate forum to consider disputes involving land taxation. Land taxation occurs in relation to land tax (under the Land Tax Act) and local government rating (under the Local Government Act). Both Acts rely on Unimproved Capital Value (UCV) as defined in  the Valuation of Land Act 1944. UCV as a basis for assessment in particular cases is often a matter of dispute. A further extension of this jurisdiction allows the Court to decide matters involving compensation for compulsory acquisition of land under the Acquisition of Land Act.

In considering an appeal from a decision of the Land Court, the Appeal Court comprises a Supreme Court judge and two members of the Land Court other than the member whose decision is the subject of the appeal (s.58). In considering an appeal from a land tribunal, the Appeal Court comprises a Supreme Court judge and two members. If practicable, one of the members should be a member of the land tribunal other than the member whose decision is the subject of the appeal (s.59) Under the Act at s.3 and Schedule 2, a 'land tribunal' is one established under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991.

Appeals to the Court of Appeal
Provision exists in the Land Court Act 2000 at s.74(1)  for an appeal from the Land Appeal Court to the Court of Appeal, mainly on questions of law. However, the appeal can only occur with leave from the Court of Appeal of a judge of appeal by virtue of s.74(2).

Appeals to the High Court
Provisions exist for the High Court to grant leave to appeal where it deems a matter to be sufficiently important. 

Alternative Processes
The Land Court Act 2000 at s.37 applies many of the rules of Alternative Dispute Resolution established for the Supreme Court to the jurisdiction of the land Court.

Background
The objects of the Freedom of Information Act 1992 (FOI) at s.4 are to allow the community to have access to information held by government agencies so far as practicable. The meaning of 'agency' at s.8 is important to the general application of the Act. Since the meaning includes local government and government departments, the Act is therefore of some importance in ensuring accountability in planning and land development issues.

Right of Access
The  Public Records Act 2002 gives its purpose at  s.3 as ensuring public records are kept in a form usable by the public and therefore augments provisions of the  Freedom of Information Act 1992. The FOI at s.21 gives people a right of access to documents of an agency or official documents of a minister. Part 2 of the Act at ss.39-50 provides for a number of exemptions generally justifiable on grounds of public interest or personal privacy, notably relating to the cabinet at s.36, Executive Council at s.37, and investigations or audits by the ombudsman or Auditor-General at s.39.

A Commissioner is appointed by Governor in Council (at s.101G), for a term of not more than three years (s.101i). Section 101C sets out the Commissioner's functions which include dealing with refusals or undue delays in granting access to information. In conducting a review, s.89 provides that the commissioner must make a written decision and include reasons for the decision. The Commissioner may publish the decisions.

Background
The Land and Resources Tribunal Act 1999 has a jurisdiction under a number of Acts to deal with various matters related to land use, mining, native title, environmental protection and cultural heritage. (See About Us for a table and Annual Report 2001-2002 at p.3 for a list of Acts pertaining to the jurisdiction of the Tribunal). The jurisdiction related to mining replaces the earlier Mining Wardens jurisdiction.

Seemingly, organisation of the Tribunal attempts to merge specialised knowledge of the law with other specialised knowledge of the various issues with which the Tribunal must deal. 

the calls for increasing accountability on the part of the executive branch of government has given rise to administrative law as a specialised branch of law aimed in particular at administrative decision making. The Judicial Review Act 1991 (Qld) mirrors a number of provisions Commonwealth Administrative Decisions (Judicial Review) Act (Cwlth)

attaches particular importance to these issues by directing the issues at the first instance into the Supreme Court (at s.