Establishing a Sheriff’s Office

Under the Sheriff’s Act (Queensland) 2026, a Local Government Area may apply to the Minister for Justice to establish a Sheriff’s Office. Applications must show a demonstrated need — such as unresolved civil matters, limited local policing capacity, or regional remoteness — and include an operational integration plan outlining how the Office will connect to Queensland Police Service systems and protocols.

Councils must also provide a financial contribution. In cases of financial hardship, the State may fund up to the full operational benchmark. Before any application is considered, councils must conduct community consultation and show that residents support the establishment of a Sheriff’s Office.

Once approved, each Office operates within a standard framework set by the State, with staffing and funding scaled to local population, geography, and service demands.

What a Sheriff’s Office Does

The Sheriff leads the Office and holds statutory authority to enforce civil court orders, uphold local laws, maintain public order, and respond to summary offences. Sheriffs may investigate Priority II indictable offences (maximum penalty of seven years or less), such as stealing, wilful damage, or fraud below specified thresholds. They may prepare briefs of evidence for prosecuting authorities and, where authorised by regulation and certified through training, may prosecute certain summary offences in the Magistrates’ Court.

Sheriffs and Deputies may carry firearms only after completing accredited training and ongoing proficiency assessments. Every operational action is recorded, uploaded, and subject to oversight.

There are strict limits. Sheriff’s Offices cannot independently investigate Priority I indictable offences such as murder, armed robbery, or drug trafficking. They cannot conduct tactical or high-risk operations except to preserve life in emergency circumstances, and their authority applies only within their own Local Government Area.

Handling Serious and Minor Offences

The Act creates a clear boundary between minor and serious matters:

• Priority II offences (maximum penalty ≤ 7 years):
  The Sheriff’s Office may investigate with full legal authority. Deputies may assist under supervision.

• Priority I offences (maximum penalty > 7 years):
  Sheriffs and Deputies may act only to protect life, secure the scene, and notify QPS.
  QPS must be notified within one hour, and all authority transfers to police immediately upon their arrival.

All actions taken before police arrive must be recorded on body-worn cameras, logged in the State system, and reviewed by the Community Oversight Committee.

Powers of Deputies

Deputy Sheriffs may enforce local laws, serve legal documents, support civil enforcement, provide court security, and individually investigate Priority II offences (maximum penalty up to seven years). This includes taking statements, gathering evidence, and carrying out enquiries under the overall direction of the Sheriff.

Deputies may also exercise summary enforcement powers—such as issuing lawful directions, conducting necessary stops, or briefly detaining individuals—where required to maintain public order or address unlawful behaviour.

Deputies may attend Priority I incidents only to protect life, secure the scene, and ensure public safety. They cannot investigate Priority I offences and must hand them over to the police immediately upon their arrival. Deputies may carry firearms if certified but cannot prosecute matters in court.

SHERIFF’S MANDATE

The Sheriff is the head of the Office and holds a formal State mandate to enforce civil law, uphold local public order, and lead community-level policing efforts. The Sheriff has broader statutory authority than Deputies, supervising all operations within the Local Government Area, issuing compliance notices, swearing in staff, and serving as the principal point of contact with councils, courts, the Queensland Police Service, and the public.

The Sheriff may independently investigate Priority II indictable offences—including stealing, wilful damage, and lower-level fraud—and may direct Deputies to assist in any aspect of these investigations. The Sheriff may prepare briefs of evidence for prosecuting authorities and, in limited circumstances with specialist certification, may prosecute certain summary offences before a Magistrates’ Court.

Only the Sheriff may investigate Priority I offences, and only with written approval from the Queensland Police Service. In serious incidents, the Sheriff is responsible for stabilising the scene until QPS arrives, ensuring public safety, preserving evidence, and managing the formal transfer of command. The Sheriff is accountable for ensuring that all actions taken by the Office comply with State law, operational standards, and mandatory oversight requirements.