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Community consultation

Sentencing Legislation Amendment Bill

Sentencing Legislation Amendment Bill 2016

The Government is seeking your feedback on the Sentencing Legislation Amendment Bill 2016 (the Bill).

Over the course of the next five years, the Government plans to introduce laws to phase out suspended sentences of imprisonment.

This Bill provides for an extension of the court mandated drug diversion program to the Supreme Court.  It is the first step in the Government’s plan to phase out suspended sentences, while also providing for alternative sentencing options to replace suspended sentences.

The Bill proposes changes to the Sentencing Act 1997 to:

  • allow a judge of the Supreme Court to make a drug treatment order (DTO)
  • allow a Magistrate, other than a Magistrate who found an offender guilty, to make a DTO
  • allow a Court (either the Supreme Court or Magistrates Court) to take into account staffing and resourcing issues when determining whether or not to make a DTO
  • clarify the Court’s power to refuse bail for breaching a condition of a DTO and
  • allow a court to defer an offender’s sentence so that they can participate in a reintegration program.

Download the Sentencing Legislation Amendment Bill 2016 (pdf, 327.3 KB)

Comment period

Please send your comments on the Bill to the Department of Justice by 5pm on Wednesday 31 August 2016.

Email

legislation.development@justice.tas.gov.au

Mail

Department of Justice

Office of Strategic Legislation and Policy

GPO Box 825

Hobart TAS 7001

Historical Homosexual Convictions Bill 2016

Historical Homosexual Convictions Bill 2016

The Historical Homosexual Convictions Bill 2016 (the Bill) allows a person to apply to the Secretary of the Department of Justice to expunge a historical homosexual conviction.

The Bill sets out the legal effects of a conviction being expunged including the following

  • An expunged conviction is taken not to form part of the person’s official record.
  • A person is not required to disclose his or her expunged conviction to any other person including when giving evidence in legal proceedings.
  • A question about the person’s criminal history is taken not to refer to an expunged conviction.
  • An expunged conviction is not a proper ground for refusing or revoking any appointment.

Download the draft Bill and background material from the following links

Comments on the draft Bill should be made by close of business on Monday 25 July 2016, send comments to Legislation.Development@justice.tas.gov.au

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

Previous consultations

Previous consultations


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