Department of Justice
The Government is seeking your feedback on four new Bills that have been developed to replace the Justices Act 1959.
The Bills are scheduled for tabling in late May 2017. There will be at least 12 months between Royal Assent and proclamation to allow for all the necessary administrative changes to be made and for necessary Rules and Regulations to be completed.
The Bills are as follows:
This Bill establishes the “high level” framework for the criminal and general jurisdiction of the Magistrates Court.
In addition to restating essential features of the Justices Act, this Bill provides legislative foundation for a number of initiatives, procedural changes and changes to the law, including the following:
Magistrates Court (Criminal and General Division) Rules are being developed to provide for electronic filing of applications, service of process and other similar procedural matters. The Rules will commence when the relevant legislation commences.
This Bill replaces Part XA of the Justices Act 1959. While the basic principles behind that Part are retained, the new Bill up-dates provisions and improves the operation and availability of restraint orders for the protection of individuals in the community.
Restraint Order Rules are being developed to provide for electronic filing of applications, service of process and other similar procedural matters. The Rules will commence when the relevant legislation commences.
Download the Restraint Orders Bill 2017 (pdf, 499.5 KB)
This Bill replaces Part II of the Justices Act 1959. Part III Extra-Territorial Justices is not being replaced as section 5 of the Oaths Act 2001 provides for attestation by justice in other jurisdictions.
The Bill is far more comprehensive than the current provisions. It sets out eligibility criteria and the duties of a Justice of the Peace to undergo specified training, be reasonably available and active, comply with the code of conduct and inform the Secretary of any relevant change in his or her personal circumstances. The Bill also contains specific provisions on the suspension or removal from office of a Justice of the Peace.
The Bill provides that if a current Justice of the Peace is eligible and notifies the Secretary in writing that he or she wishes to continue in the office then he or she will be taken to have been appointed as a Justice of the Peace under the new legislation.
Download the Justices of the Peace Bill 2017 (pdf, 443.9 KB)
This Bill contains the major amendments to other legislation consequential on the replacement of the Court of Petty Sessions by the Magistrates Court (Criminal and General) Division. The following Acts are amended:
Please send your comments on the Bill to the Department of Justice by 31 March 2017.
Department of Justice
Office of Strategic Legislation and Policy
GPO Box 825
Hobart TAS 7001