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Department of Justice

Community consultation

Sex offending sentencing reforms

Sex offending sentencing reforms - invitation to comment

As part of the Government’s plan to protect vulnerable Tasmanians, it has committed to introducing laws that strengthen existing laws in relation to serious child sex offences.

The Sentencing Advisory Council of Tasmania published the Sex offence sentencing final report (pdf, 1.9 MB) in August 2015. In two parts, the Government will introduce amendments to give effect to some of the recommendations of the Sentencing Advisory Council on Sex Offence Sentencing and the Government’s commitment to mandatory sentences for serious child sexual offences.

Part one

  1. Amendments to the Sentencing Act 1997 to
    • include a list of aggravating factors that apply to sexual offences
    • provide for the limitation of the use of an offender’s good character in mitigation where that was of assistance to the offender in the commission of the offence and
  2. Amendments to the Criminal Code Act 1924 to introduce new offences to cover sexual intercourse with a young person in circumstances of aggravation.

Part two

This work will follow further advice from the Sentencing Advisory Council in relation to mandatory minimum sentences and mandatory treatment and supervision of sex offenders. Essentially the reforms will include:

  1. the introduction of legislation to provide for the on-going supervision or detention of serious sex-offenders who pose an unacceptable risk to society if released unconditionally at the conclusion of a term of imprisonment and
  2. the introduction of minimum mandatory sentences of imprisonment for serious child sexual offences.

Invitation to comment

The Government is seeking comments on part one of the reforms, namely the

Comment period

Please send your comments in writing to the Office of Strategic Legislation and Policy by Thursday 16 June 2016.

Email

legislation.development@justice.tas.gov.au

Mail

Office of Strategic Legislation and Policy

GPO Box 825

HOBART TAS 7001

Domestic Violence Orders (National Recognition) Bill 2016 - invitation to comment

National Domestic Violence Order Scheme - Domestic Violence Orders (National Recognition) Bill 2016 - invitation to comment

The Government is currently seeking feedback on the Domestic Violence Orders (National Recognition) Bill 2016.

The Tasmanian Government has agreed to adopt model laws to provide for the automatic recognition and enforcement of family or domestic violence orders across jurisdictional borders.

The provisions of the Domestic Violence Orders (National Recognition) Bill were agreed nationally by all first Ministers, Attorneys-General and Ministers for Police through the Council of Australian Governments and the Law Crime and Community Safety Council.

All jurisdictions have agreed to use their best endeavours to introduce the laws to Parliament by mid-2016.

The purpose of the Bill is to enable the automatic recognition and enforcement of family or domestic violence orders issued in Australia or New Zealand orders registered in Australia, across Australia’s jurisdictional borders.

The operation of the law will be underpinned by a comprehensive, purpose-built technical information sharing system that will allow information about various orders to be shared across jurisdictions. The development of the system is underway and this work is being led by the Commonwealth Government, through CrimTrac.

Download the Domestic Violence Orders (National Recognition) Bill 2016 (pdf, 518.1 KB)

Comment Period

Please send your comments in writing to the Department of Justice by Friday 27 May 2016.

Email

legislation.development@justice.tas.gov.au

Mail

Department of Justice

Office of Strategic Legislation and Policy

GPO Box 825

Hobart TAS 7001

Property Agents and Land Transactions Bill 2016

Property Agents and Land Transactions Bill 2016

Regulatory Impact Statement - May 2016

The Government is currently seeking feedback on the Property Agents and Land Transactions Bill 2016.

Some aspects of proposed changes to PALTA could potentially impose a cost restriction to service providers within the real estate industry which is likely to impact on the provisions of these services to consumers. Therefore, in accordance with the Subordinate Legislation Act 1992, a Regulatory Impact Statement (RIS) is to be considered by industry stakeholders and market participants and feedback provided to the Department of Justice before the proposed amendments are finalised.

The aspects of the Bill that are considered in the RIS are:

  • the introduction of a global licensing regime for real estate agents, property managers, auctioneers, property consultants and assistant property managers; and
  • extending continuing education to all property agents.

Other aspects of the Bill, not considered in the RIS, are:

  • Removal of provisions dealing with vendor disclosure and cooling off periods
  • Clarifying reporting requirements of the Property Agents Board and  Property Agents Trust and the processes for using the surplus in the Trust;
  • Supporting the introduction of the standard form contract provisions;
  • Clarifying the objection process for proposed new agents;
  • Removal of the current onerous requirement to maintain rolling registers;
  • Removing inconsistencies in relation to the advertising requirements;
  • Replacing multiple certificates with one certificate of appointment;
  • Consistent periods for renewal of licensing, based on financial years;
  • Simplifying Complaint Handling Procedures of the Board; and
  • Extending the compensation provisions to include protection of owners and tenants under the Residential Tenancy Act.

Download the Proposed amendments to the Property Agents and Land Transactions Act 2005 - Regulatory Impact Statement  - May 2016 (pdf, 115.0 KB)

Comment period

Please send your comments in writing to the Department of Justice by Friday, 17 June 2016.

Email

consumer.affairs@justice.tas.gov.au

Mail

Project Manager - Property Agents and Land Transactions Bill 2016

Department of Justice

PO Box 56

Rosny Park TAS 7018

Consultation on amendments to Registration to Work with Vulnerable People Act

Registration to Work with Vulnerable People Act Amendments 2015

Comment period for this Bill is closed.

The Bill is currently before Parliament.  Further information will be published once the Bill is passed.

Background

Tasmania’s Registration to Work with Vulnerable People scheme started on 1 July 2014 and is being phased in across sectors over three years.

Since the legislation started in July 2014, the Registrar of the scheme has sought to continuously improve the registration process.  This includes consultation with stakeholders through information sessions, regular meetings with large employers and volunteer bodies whose staff and volunteers require registration as well as service delivery agents and information providers in order to identify opportunities to improve the registration scheme.

Through these steps a number of changes have been identified to improve the registration scheme.

The proposed changes are also based on 18 months of operational experience in undertaking risk assessments.  This experience has informed Government of the challenges faced by the Registrar in administering the Act; and of the problems that cause delays for applicants and as a result of the delays there is more risk of harm to vulnerable people.

Despite the changes being identified through a separate process a number of these amendments are in line with the recommendations of the Working with Children Checks Report issued by the Royal Commission into Institutional Responses to Child Sexual Abuse on 17 August 2015.

The proposed changes aim to improve the safety outcomes for vulnerable people.  Amendments in the draft Bill include:

  • Providing the Registrar with power to monitor or audit whether an employer has engaged an unregistered person in a regulated activity. This is currently an offence but the Registrar does not have power to monitor compliance;
  • Instituting a legal obligation for all relevant information held by reportable bodies to be provided to the Registrar;
  • Providing for an Interim regulated activity should any doubt arise about whether a child related activity is covered by legislation;
  • Giving the Registrar the power to put an interim bar on a person engaging in an activity while their application is being processed and a full risk assessment is undertaken.

The draft Bill is available: Registration to Work With Vulnerable People Amendment Bill 2015 - Consultation Draft - 29 September 2015 (pdf, 533.9 KB)


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