HOW DOES THE SHERIFFS ACT 

WORK?

How a Sheriff’s Office is established

Under the Sheriff’s Act (Queensland) 2025, Local Government Areas (LGAs) can apply to the Minister for Justice to establish a Sheriff’s Office.

Applications must include:

  • Evidence of need – e.g. unresolved civil matters, regional remoteness, or limited QPS presence.

  • Operational integration plan – how the Office will link with QPS systems and services.

  • Financial commitment – councils contribute a minimum of $150,000 annually. (In hardship cases, the State may fund up to 100%.)

  • Community consultation – proof that local voices have been heard, and they have requested the establishment of a Sheriff’s office in their Local Government Area.

Once approved, each office operates under a standardised framework, with funding and staffing scaled to population, geography, and service needs.

What A SHERIFF’S Office can Do

The Sheriff, as head of the Office, is authorised to:

  • Enforce civil court orders (summonses, evictions, seizures, writs).

  • Enforce local ordinances and compliance matters.

  • Respond to disturbances and breaches of public order.

  • Investigate Priority II indictable offences (max penalty ≤ 7 years), such as stealing, fraud under threshold, and wilful damage.

  • Submit briefs of evidence to prosecuting authorities.

  • Prosecute summary offences in the Magistrates’ Court, if certified and authorised by regulation.

  • Carry firearms, but only after certified training and ongoing assessments.

Limits:

  • Sheriff’s Office cannot independently investigate Priority I indictable offences (murder, armed robbery, drug trafficking).

  • They cannot engage in tactical or high-risk operations without QPS coordination (unless in the act of preserving life).

  • Their powers stop at their own LGA boundary.

Handling Serious vs Minor Offences

The Sheriff’s Act sets clear boundaries:

  • Priority II offences (≤ 7 years) – Sheriff’s Office may investigate with full legal powers. Deputies may assist under direction.

  • Priority I offences (> 7 years, serious crimes) – Sheriff’s Office may act only to preserve life, protect the scene, and notify QPS.

    • QPS must be notified within 1 hour.

    • Once QPS arrives, command and investigation transfer immediately.

All actions must be:

  • Recorded on body-worn camera.

  • Logged in to the state system.

  • Reviewed by the Community Oversight Committee.

  • 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

  • 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.

  • 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.

  • 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)

  • 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.

    • 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.

    • 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.

Powers of Deputies & Sheriff’s Officers

Deputy Sheriffs may:

  • Enforce local laws and serve legal documents.

  • Assist with civil enforcement and court security.

  • Carry firearms (if certified).

  • Assist in Priority II investigations under the Sheriff’s supervision.

  • Attend Priority I incidents only to secure scenes, preserve life, and hand over to QPS.

They cannot:

  • Investigate Priority I offences independently.

  • Prosecute matters in court.

  • Conduct roadside breath or drug testing.

Sheriff’s Officers (non-sworn staff) may:

  • Serve legal documents and support civil enforcement.

  • Provide court security and custodial escort duties.

  • Assist with admin, records, and enquiries.

They cannot:

  • Carry weapons.

  • Investigate criminal offences.

  • Use force beyond ordinary civilian security powers.

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