A public-sector catastophy, requiring the passage of retrospective corrective legislation through Queensland-state parliament, led to the appointment of coroner Michael Barnes to the QLD Magistracy, it has emerged.
Magistrate Coroner Barnes momentarily served as a Magistrate in contravention of the Coroners Act 2003 and handed down in excess of 100 decisions over 3 weeks. These included a case in which Mr Barnes fined a fellow magistrate $400, and disqualified him from driving for three months, after he was caught behind the wheel with a blood alcohol reading of .075.
Legislative changes were rushed through Parliament late last month to validate that decision and others. Prior to amendment, the Coroners Act relevantly provided:
While a magistrate holds appointment as the State Coroner, the only functions and powers that the magistrate has are the functions and powers of the State Coroner.
The subsequent amendment, given legal force on 26 August, provides:
Despite subsections (4) and (5), the State Coroner-(a) may be appointed to act as, and perform the functions and exercise the powers of, the Deputy Chief Magistrate.
The amendment also specifies that sections of the Magistrates Act apply to the State Coroner while acting as Deputy Chief Magistrate.
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