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Department of Justice

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

    Sentencing Amendment (Sexual Offences) Bill 2016 (pdf, 124.0 KB)

  2. Amendments to the Criminal Code Act 1924 to introduce new offences to cover sexual intercourse with a young person in circumstances of aggravation.
    Criminal Code Amendment (Sexual Offences) Bill 2016 (pdf, 336.9 KB)

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.

Comment period

The comment period for Part one is now closed.

Email

legislation.development@justice.tas.gov.au

Mail

Office of Strategic Legislation and Policy

GPO Box 825

HOBART TAS 7001