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Department of Justice

Community consultation

Criminal Code Amendment (Sexual Assault) Bill 2017

Criminal Code Amendment (Sexual Assault) Bill 2017

The Government is seeking your feedback on a draft Bill to amend the Criminal Code Act 1924.

The draft Bill introduces amendments to modernise the law of rape in Tasmania.

The draft Bill extends the crime of rape to include sexual penetration by inanimate objects as well as other body parts.

Download the Criminal Code Amendment (Sexual Assault) Bill 2017 (pdf, 198.7 KB)

Comment period

Please send your comments on the Bill to the Department of Justice by Friday 3rd February 2017.

Email

Legislation.Development@justice.tas.gov.au

Mail

Department of Justice
Office of Strategic Legislation and Policy
GPO Box 825
Hobart TAS 7001

Court Security Bill 2016

Court Security Bill 2016

The Government is seeking your feedback on the Court Security Bill 2016 (the Bill).

This Bill will replace the Admission to Courts Act 1916 and associated regulations which are limited and out-dated.  

The Bill is largely a consolidation of existing legislative provisions, as well as practice and provisions from interstate. The current legislation applies only to the courts, whilst the new legislation will extend to Tribunals as well. Some tribunals currently have little or no legislated powers to manage their premises or empower security personnel to take appropriate actions.

The key features of the Bill are as follows:

  • it provides for the appointment of security officers and security managers;
  • it sets out the powers and functions of security officers and security managers which include:
    • giving reasonable directions to the public entering or in the court premises;
    • requesting names and proof of identity of a person entering court premises;
    • removing a person from court premises; and
    • arresting a person without a warrant and use of reasonable force to do so.
  • it confirms that members of the public have a right, subject to certain qualifications, to enter and remain in areas of court/tribunal premises that are open to the public;
  • it provides for the closure of court or tribunal premises for security reasons;
  • it restricts the use of electronic and recording devices in court or tribunal premises; and
  • it creates various offences to enforce the security of courts and tribunals.

This Bill will confirm the ability of journalists and Australian legal practitioners to, for example, access their phone or tablet to check or send messages or access the internet to look up information in both the Supreme and Magistrates courts. However, they will not be able to record the proceedings on such a device.  

The Bill also provides a power for a judicial officer to expressly permit the use of an electronic or recording device (for example if approached by a citizen journalist) and to place restrictions on this use. This use must not be comprised of recording or transmitting the proceedings.

The Bill provides that the legislation does not apply at a care or treatment facility unless the person responsible for the management of the facility has agreed to it applying. This is to cover situations where proceedings are conducted at premises other than those of the court or tribunal, for example where a Mental Health Tribunal hearing is held at a secure mental health facility.

The Bill will bring Tasmania into line with the majority of Australian jurisdictions who already have similar provisions in place. It will provide clarity and certainty to those wishing to enter court premises and court security staff.

Download the Court Security Bill 2016 (pdf, 444.7 KB)

Comment period

Please send your comments on the Bill to the Department of Justice by Friday 10 February 2017.

Email

Legislation.Development@justice.tas.gov.au

Mail

Department of Justice
Office of Strategic Legislation and Policy
GPO Box 825
Hobart TAS 7001

Quad Bike Safety Taskforce

Quad Bike Safety

The Government is seeking your feedback on the Issues Paper Quad Bike Safety in Tasmania.

Issues paper

The paper identified the following key areas for potential action to improve quad bike safety in Tasmania;

  • Increasing rider awareness of risks
  • Improving rider skills
  • Greater rider protection
  • Government-led action

Download paper: Quad Bike Safety in Tasmania (pdf, 507.4 KB)

Comment period

Please send your comments to the Department of Justice by Tuesday 28 February 2017. Email submissions are preferred.

Submissions seeking to be treated as confidential should be clearly marked as ‘confidential’.

Submissions will be considered by the Taskforce in the development of a statewide quad bike safety plan.

Email

cbosinfo@justice.tas.gov.au

Mail

Consumer, Building and Occupational Services
PO Box 56
Rosny Park TAS 7018

Family violence reforms

Family violence reforms

The Government is seeking your feedback on the Consultation Paper Family Violence: Strengthening Our Legal Responses.

Consultation paper

The Consultation Paper Family Violence: Strengthening Our Legal Responses invites your feedback on seven issues identified for discussion as options to strengthen legislative frameworks to hold perpetrators of family violence to account and to improve the safety of victims of family violence.

The issues for consideration include:

  • breaches of protection orders by protected persons
  • mandatory reporting of family violence
  • definition of ‘family relationship’
  • law of self-defence in the context of family violence
  • effects of tendering no evidence in family violence cases
  • persistent contraventions of family violence order - perpetrator declarations
  • consequences of a persistent perpetrator of family violence declaration.

Download the Consultation Paper Family Violence: Strengthening Our Legal Responses (pdf, 984.1 KB)

Comment period

Please send your comments to the Department of Justice on the:

  • Consultation Paper by Monday 6 February 2017

All submissions will be treated in strict confidence.

Email

legislation.development@justice.tas.gov.au

Mail

Department of Justice

Office of Strategic Legislation and Policy

GPO Box 825

Hobart TAS 7001

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.