Quick fix to pick up judicial misstep
It has been revealed that a number of Queensland magistrates took the wrong oath of office, and in one case, made no oath at all.
Queensland’s new Attorney-General Yvette D'Ath said 16 acting and eight permanent magistrates took an incorrect oath or affirmation when they took on the job from 2013 onwards.
One magistrate was not required to make an oath of any kind.
The revelation has seen the Government rush to make legal amendments, due to fears that “those judicial officers would be prevented from exercising any of their powers and functions as a magistrate or acting judicial registrar,” Ms D’Ath said.
“The oversight potentially affects the continuing validity of the appointment of the relevant judicial officers.”
Essentially, the old oath was maintained after certain regulations relating to it changed.
So, the Government has rushed retrospective legislation through to cover for any issues that emerge from the administrative oversight.
Parliament was quick to pass the legislation, with hundreds of court cases potentially at risk, time was of the essence.