Chief Executive of the Department of the Environment, Tourism, Science and Innovation v Magistrate Kahlert & another [2026] QSC 217 — Administrative Law & Prerogative Writs And Orders — Barrister AI
Chief Executive of the Department of the Environment, Tourism, Science and Innovation v Magistrate Kahlert & another
Order in the nature of certiorari against a Magistrate’s summary dismissal of a complaint for being out of time
indictable offences dealt with summarily on plaintiff’s election
Quick Take
1Where a statute requires summary proceedings to be commenced within one year of the offence coming to the complainant's knowledge, the 'offence' means the specific offence charged with all its legal elements; knowledge of a lesser offence sharing some but not all elements of the charged offence does not satisfy the requirement.
2'Wilfully' as defined in s 432(1) of the Environmental Protection Act 1994 (Qld) — meaning intentionally, recklessly, or with gross negligence — refers to the defendant's culpable state of mind about the contravention (the result), and is distinct from the concept of a 'willed' act concerned with physical control over conduct; a complainant who equates mere non-compliance with wilfulness lacks reasonable grounds for knowledge of the wilful offence.
3Where a complainant elects to prosecute an indictable offence under the Environmental Protection Act 1994 (Qld) by way of summary proceeding, the statutory time limit for summary proceedings applies; the existence of a mechanism permitting the defendant or Magistrate to convert the proceeding to a committal hearing does not displace that time limit.
