New laws reaffirm Qld magistrates' power

Queensland's parliament is rushing through new laws to correct an administrative oversight that casts doubt on the authority of some of the state's newest magistrates.

Attorney-General Yvette D'Ath says magistrates, sworn in over the past two years, have been taking the wrong oath and at least one did not take an oath at all.

She says, since April 2013, magistrates have been taking the oath from a repealed act.

"The effect of taking and subscribing the incorrect oath or affirmation or not taking the subscribed oath or affirmation at all is that under (the act) ... those judicial officers would be prevented from exercising any of their powers and functions as a magistrate," Ms D'Ath said.

However, Ms D'Ath said the Magistrates Amendment Bill 2015, introduced into parliament on Thursday, would make the oath the new magistrates took just as valid as the oath they were supposed to take.

She said the new bill would declare the magistrates' powers and make their functions just as valid as if they had taken the correct oath.

It would also validate the power of the acting magistrate who did not take the oath at all, but he or she would have to take the oath within three months of the commencement of the bill.

"The government is of the view that the administration of the incorrect form of oath or affirmation, or failing to take an oath, has no effect on the legal correctness of judgments and orders made by the judicial officers," Ms D'Ath told parliament.

"(But) without retrospective remedial legislation, there is a serious risk of expensive and inconvenient disruption for parties who have ordered their affairs based on those judgments and orders."

Ms D'Ath said the government became aware of the oversight late last week.