HOW DOES THE SHERIFFS ACT
WORK?
Establishment of Sheriff’s Offices
Under the Sheriff’s Act (Queensland) 2025, Local Government Areas (LGAs) may apply to the Minister for Justice and Attorney-General to establish a Sheriff’s Office within their jurisdiction. Approval is contingent on meeting strict criteria that demonstrate both need and readiness. These include:
Evidence of Need
Factors such as high volumes of unresolved civil matters, regional remoteness, or limited Queensland Police Service (QPS) presence are considered.Operational Integration Plan
The LGA must provide a detailed strategy showing how the proposed Sheriff’s Office will collaborate with QPS systems and services.Financial Commitment
Councils are generally required to co-fund operations, contributing a minimum of $150,000 annually. In cases of financial hardship, the State may cover up to 100% of costs upon Ministerial approval.
Once approved, the Sheriff’s Office must be established in compliance with a standardised operational framework. Funding and staffing levels are scaled to suit the community’s population, geography, crime rates, and service needs, as benchmarked annually by the Minister.
All applications must include evidence of public consultation and a summary of community feedback.
Powers of Sheriffs, Deputies, and Officers
Sheriffs may:
A Sheriff appointed under this Act is authorised to:
Carry and deploy a firearm, subject to successful completion of certified firearms training and ongoing proficiency assessments approved by the Queensland Police Commissioner.
Enforce civil court orders, including writs, summonses, evictions, seizure of assets, and compliance directives.
Respond to emergencies or breaches of public order within their jurisdiction, consistent with applicable Queensland law.
Investigate Priority II indictable offences independently, in accordance with the Offence Classification Matrix and relevant procedural requirements.
Investigate Priority I indictable offences independently, by the Offence Classification Matrix and relevant procedural requirements.
Submit briefs of evidence to prosecuting authorities for any matter lawfully investigated under this Act.
Prosecute summary offences before the Magistrates Court, where authorised by regulation and upon completion of an approved prosecution certification program.
Deputy Sheriffs may:
A Deputy Sheriff may exercise the following powers, subject to operational protocols and oversight:
Enforce local laws and council by-laws, including issuing infringement notices and ensuring compliance with municipal regulations.
Enforce civil court orders and serve legal process documents.
Carry a firearm in the execution of duty, provided they are certified and current under the applicable weapons licensing regime.
Assist in the investigation of Priority II offences under the direction or supervision of the Sheriff.
Attend Priority I incidents for the purposes of securing the scene, preserving life, or protecting public safety—only where the Sheriff or Queensland Police Service are unavailable or delayed.
Deputy Sheriffs are not authorised to:
Prosecute criminal matters before any court.
Independently investigate Priority I indictable offences.
Administer roadside breath or drug testing.
Sheriff’s Officers:
Sheriff’s Officers may be appointed to perform non-sworn operational and administrative functions, including:
Serving legal documents, assisting with courtroom logistics, and supporting civil enforcement operations.
Performing court security and custodial escort duties as directed.
Assisting with records management, public-facing enquiries, and non-urgent administrative tasks.
Sheriff’s Officers are not authorised to:
Carry weapons.
Investigate criminal offences.
Exercise use-of-force powers beyond what is permitted for civilian security officers under Queensland law.
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Each Sheriff’s Office operates within a single Local Government Area (LGA) and exercises clearly defined powers under the Sheriff’s Act (Queensland) 2025. These powers are designed to complement—not replace—state-level policing.
Enforcing Local Laws
Sheriff’s Officers bring local enforcement back to street level — stepping in where council reach ends and police priorities lie elsewhere. Their presence delivers immediate authority across the everyday issues that quietly erode public order:
Business licensing
Shutting down unlicensed operators and holding repeat offenders to account — especially where council warnings have been ignored.Noise complaints
Responding to persistent disturbances from parties, machinery, or animals — with real powers to issue fines, seize equipment, or escalate enforcement.Signage and public space regulations
Cracking down on illegal advertising, obstruction of footpaths, and public space misuse — restoring order where bylaws have gone unenforced.General by-law enforcement
Enforcing clean-up orders, removing hazards, and tackling chronic non-compliance around overgrowth, dumping, stray animals, and unsafe structures.Traffic and vehicle-related offences
Deputies can stop vehiclesfor expiredd registration, unsafe conditions, and reckless local driving. Impaired drivers may be detained pending QPS handover — no warnings, no excuses.
Civil Enforcement Duties
Acting under court authority, the Sheriff’s Office manages a range of civil matters such as:
Serving legal documents
Personally delivering summonses, subpoenas, and notices — with real-world follow-up for those who think they can ignore the courts.Enforcing court orders
Executing writs for possession, seizure, or compliance — including repossessions, property access, and compliance actions with backup when needed.Evictions and property recovery
Lawfully removing occupants, resolving tenancy disputes, and reclaiming property under court direction — no delays, no voluntary exit required.Debt recovery
Identifying, locating, and seizing goods or assets to satisfy civil judgments — especially where other agencies have failed to collect.
All actions are recorded on body-worn camera, logged digitally, and conducted in strict compliance with law.
Community Safety & Public Order
Sheriffs and Deputy Sheriffs are authorised to maintain public peace and attend to non-emergency incidents within their Local Government Area. Their responsibilities in this domain include:
Routine patrols
Maintaining a regular, high-visibility presence in hotspots and overlooked zones — especially where QPS coverage is thin or reactive.Community group engagement
Building ties with youth programs, elders, cultural reps, and local organisers — not to "consult", but to act on what’s been ignored.Responding to disturbances
Attending fights, anti-social behaviour, and property damage — in parks, town centres, or school zones — with the power to intervene and restore order.
Where appropriate, Sheriffs may issue infringement notices, disperse unlawful gatherings, or exercise de-escalation and intervention powers in accordance with applicable Queensland legislation. All actions are to be conducted in compliance with operational protocols, and body-worn camera activation is mandatory where practicable.
Summary Offence Response
Sheriffs and Deputy Sheriffs are empowered to respond to summary offences occurring within their jurisdiction, as defined under the Criminal Code Act 1899 (Qld) and Justices Act 1886 (Qld). These include, but are not limited to:
Public nuisance
Examples: Disorderly conduct, offensive language, public intoxication, and minor disturbances in public places.Trespass
Unlawful entry onto private or council-controlled property without consent or legal justification.Wilful damage
Intentional destruction or defacement of property, such as vandalism, graffiti, or broken fixtures.Common assault
Physical altercations involving pushing, striking, or other forms of non-aggravated physical contact.
Sheriffs and Deputy Sheriffs may lawfully:
Detain individuals suspected of committing a summary offence, pending transfer to the Queensland Police Service where required.
Collect evidence and prepare briefs for prosecutorial review.
Issue infringement notices where permitted by law.
Engage in diversionary or restorative processes in line with local justice initiatives, where applicable.
All actions must comply with the Police Powers and Responsibilities Act 2000 (Qld), and be recorded via body-worn camera. Use of force must be reasonable, proportionate, and fully documented.
Case Management & Assignment
Civil enforcement cases (e.g. seizures, evictions, summons) are assigned randomly using an internal allocation system
All assignments are audited quarterly by the Oversight Committee to prevent bias or abuse of authority
Sheriffs may override random assignment only in exceptional operational circumstances and must log the justification
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All law enforcement personnel undergo:
QPS-aligned certification programs
Annual refresher training
Tactical readiness, legal procedure, de-escalation, and ethics modules
Training programs are:
10 months minimum for Sheriffs (equivalent to QPS detective training)
6 months minimum for Deputies (equivalent to QPS recruit training)
No officer may perform armed duties or make arrests without completed certification.
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Each Sheriff’s Office operates on a shared funding basis:
The State Government covers up to 70% of costs
The LGA contributes the remaining 30%, unless it qualifies for a hardship exemption
Minimum State contribution: $385,000 per year per office
Annual Operational Benchmarks (set by the Minister) outline staffing, equipment, and technology standards
All financial contributions are published annually, and private donations are prohibited to prevent undue influence.
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Sheriff’s Offices must use digital systems that are compatible with QPS and state platforms. These include:
Body-worn cameras (mandatory for all enforcement actions)
Secure digital case files and evidence management
Real-time interagency communication tools
Public transparency dashboards (updated quarterly)
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The Act mandates a 2-year pilot program before statewide implementation. Pilot criteria:
Run in 3 to 5 LGAs, prioritising regional or remote areas
Evaluated jointly by QPS and the Auditor-General
Must meet 80% of defined performance indicators (e.g. response times, civil case resolution, public satisfaction)
The Act cannot be expanded unless Parliament is presented with a successful pilot evaluation report and explicitly approves expansion.
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Sheriffs and candidates may not hold or have recently held political office
No donations, endorsements, or affiliations with political parties allowed
All candidates must sign a declaration of neutrality
Breach of neutrality is grounds for disqualification or removal
Each office is subject to oversight from a Community Oversight Committee composed of:
One community representative (appointed by Council)
One representative each from QPS and the Department of Justice
Two independent experts in law, ethics, or governance
The Committee has power to:
Review operational fairness
Audit funding and assignments
Investigate complaints
Refer misconduct to the CCC or relevant authorities
A Misconduct Subcommittee publishes quarterly reports of all serious complaints or disciplinary actions.
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Councils may appoint or conduct elections for the role of Sheriff every 4 years.
Elected Sheriffs must meet eligibility requirements:
Over 30 years of age
No criminal record
Completed 10-month certified training program
Not affiliated with a political party in the past 5 years
Candidates are vetted by an Independent Panel before eligibility is confirmed.
Investigating Indictable Offences
The Sheriff’s Office is authorised to investigate indictable offences as classified under the Offence Classification Matrix, subject to procedural safeguards and interagency coordination.
rULES AROUND Priority II Indictable Offences
(Maximum statutory penalty of seven (7) years or less)
Examples include, but are not limited to:
Stealing (Criminal Code s 398)
Fraud (under statutory threshold) (Criminal Code s 408C)
Wilful damage to property (Criminal Code s 469)
Obstruction of lawful officers or interference with court orders
Limitations:
Priority I offences (maximum penalty exceeding 7 years) must first be escalated to the Queensland Police Service.
Deputy Sheriffs may not independently investigate indictable offences unless expressly authorised under law or direct instruction from either the QPS or the Sheriff, approved by the QPS, to work on the case.
Rules Around Serious Crimes (Priority I)
Where a Sheriff or Deputy Sheriff encounters an incident that is reasonably suspected to involve a Priority I indictable offence (e.g. homicide, armed robbery, drug trafficking, etc) the following protocol applies:
Immediate Scene Control
Officers may take urgent, lawful action necessary to preserve life, prevent further harm, or secure the area.Mandatory Notification
The Queensland Police Service must be notified as soon as it has been determined that a Priority 1 offence is happening, and no later than one (1) hour from the Sheriff’s or Deputy’s initial attendance.Transfer of Command
Upon arrival of QPS officers, all operational authority & command must be relinquished without delay. The Sheriff’s Office retains no immediate investigative authority beyond logistical support.The Sheriff, after receiving written confirmation from the QPS, may aid —, or independently:
Conduct criminal and summary investigations, gather statements, and collect physical and digital evidence.
Prepare briefs of evidence for referral to the Office of the Director of Public Prosecutions (ODPP) or other relevant prosecuting authority.
Liaise with the Queensland Police Service as required by regulation to ensure investigative coordination.
Deputy Sheriffs may assist with such operations or investigations under the direction of the Sheriff or a designated supervising officer.
Recording Requirements
All actions taken must be recorded via body-worn camera and documented in the official incident log. Breach of this protocol constitutes misconduct and is subject to disciplinary proceedings.
