Tasmanian Government Logo

Department of Justice

Community consultation

Racial motivation legislation

Racial motivation legislation

The Government is seeking your feedback on a draft Bill to amend the Sentencing Act 1997.

The draft Bill introduces an amendment to provide that a court, when determining the appropriate sentence for an offender, is to take into account as an aggravating circumstance that the offence was motivated by racial hatred or prejudice.

Download the Sentencing Amendment (Racial Motivation) Bill 2016 (pdf, 89.7 KB).

Comment period

Please send your comments on the Bill to the Department of Justice by Friday 30 September 2016.

Email

legislation.development@justice.tas.gov.au

Mail

Department of Justice

Office of Strategic Legislation and Policy

GPO Box 825

Hobart TAS 7001

Sentencing amendment legislation

Sentencing amendment legislation

The Government is seeking your feedback on a draft Bill to amend the Sentencing Act 1997 and the Monetary Penalties Enforcement Act 2005.

The draft Bill introduces amendments to allow courts to impose fines without recording a conviction and for the Monetary Penalties Enforcement Service to enforce those fines.

These amendments will give courts more options when sentencing offenders and will reassure the public that courts have the power to appropriately sentence offenders.

Download the Fines Without Recording Convictions Bill 2016 (pdf, 200.9 KB).

Comment period

Please send your comments on the Bill to the Department of Justice by Friday 30 September 2016.

Email

legislation.development@justice.tas.gov.au

Mail

Department of Justice

Office of Strategic Legislation and Policy

GPO Box 825

Hobart TAS 7001

Anti-Discrimination Amendment Bill 2016

Anti-Discrimination Amendment Bill 2016

The Government is seeking your feedback on the Anti-Discrimination Amendment Bill 2016 (the Bill).

The Government is proposing amendments to the Anti-Discrimination Act 1998 (the Act) to ensure that there is an appropriate balance between providing protection from discrimination and unlawful conduct whilst allowing for genuine public debate and discussion on important issues.

Section 17(1) of the Act prohibits conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of specified protected attributes. These protected attributes are gender, race, age, sexual orientation, lawful sexual activity, gender identity, intersex, marital status, relationship status, pregnancy, breastfeeding, parental status, family responsibilities and disability.

Section 19 of the Act prohibits the incitement of hatred, serious contempt for or severe ridicule of a person or group of persons on the basis of race, disability, sexual orientation or lawful sexual activity or religious belief, affiliation or activity.

Section 55 of the Act provides an exception to sections 17(1) and 19 for certain conduct, including a public act done in good faith for academic, artistic, scientific or research purposes or for any purpose in the public interest.

The Bill proposes changes to the exception in section 55 of the Act to introduce a reasonableness test so that the exception will only apply if the public act was done reasonably and in good faith, and to make it clear that the exception applies to public acts done for religious purposes.

The Bill also seeks to address concerns that the current threshold for acceptance of a complaint under the Act is too low. The Bill proposes changes to various provisions in the Act to require the rejection or dismissal of a complaint made under sections 17(1) or 19 in certain, specified circumstances.

The Bill does not make repeal or make any changes to sections 17(1) or 19 of the Act.

Download the Anti-Discrimination Amendment Bill 2016 (pdf, 107.7 KB).

Comment period

Please send your comments in writing to the Department of Justice.

Email

legislation.development@justice.tas.gov.au

Mail

Department of Justice

Office of Strategic Legislation and Policy

GPO Box 825

Hobart TAS 7001

Review of Asbestos Compensation Act - public comment invited

Review of Asbestos Compensation Act: open for public comment

Comments close: 14 October 2016

An independent review is being conducted of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011.

Section 187 of the Act requires that an independent review be undertaken every 5 years. This is the first review.

The review is being conducted by Michael Stevens and overseen by the WorkCover Tasmania Board, on behalf of the Tasmanian Government.

Amongst other things, this review will assess the extent the Act provides for:

  • fair and appropriate compensation, and the payment of certain expenses, for people who have contracted asbestos-related diseases in the course of their employment as workers in Tasmania
  • the prompt and effective resolution of applications and payment of expenses
  • certain judgements and agreements about someone contracting asbestos-related diseases in the course of their employment.

It will also examine the asbestos compensation scheme’s:

  • ongoing viability and sustainability
  • performance in terms of entitlements, premiums and coverage.

Mr Stevens will meet with:

  • major stakeholders involved with the asbestos compensation laws
  • a sample of successful and unsuccessful complainants
  • NGOs such as Asbestos Free Tasmania.

His report from the review will be tabled by the Government before both Houses of Parliament by October 2017.

To make your submission

Written submissions must be lodged by 14 October 2016:

If you have any queries about the Review, please call Brad Parker on 6166 4747 who will arrange for one of the review team to contact you.

Terms of Reference

Inactive consultations

Inactive consultations


Reviews more than 5 years old have been archived. If you require any information regarding these please contact us at web.support@justice.tas.gov.au and we can offer assistance.