Evidence Amendment Bill 2020: Section 194K ‘Publication of certain identifying particulars prohibited’ - Have your say

The Tasmanian Government is committed to ensuring that public consultation processes are open and transparent and we are seeking your input on proposed amendments to section 194K of the Evidence Act 2001.

Evidence Amendment Bill 2020

The Evidence Amendment Bill 2020 replaces the current section 194K “Publication of certain identifying particulars prohibited” with a new section 194K that implements the Government’s commitment to provide victims of sexual crimes and offences the right to speak out publicly and identify themselves, if they wish to do so.

The final Bill will be available on the Parliament of Tasmania website once tabled.

Download the draft Bill: Evidence Amendment Bill 2020 (PDF, 168.7 KB)

Consultation

Public consultation on a draft Bill commenced on 13 December 2019 and concluded on 7 February 2020.

The consultation process was undertaken by the Department of Justice and was subject to the Government’s ‘Publication of Submissions Received by Tasmanian Government Departments in Response to Consultation on Major Policy Issues’ policy.

Further details on the policy and a link to the full document are available on the Department of Premier and Cabinet website.

The Department of Justice received 15 submissions that are required to be published in accordance with the policy.  As the Government’s consideration of all submissions has now concluded, those submissions that are required to be published have been made available.

Publishing submissions

Other than indicated below, submissions will be treated as public information and will be published on the Department of Justice website.

Submissions will be published once the Government’s consideration of submissions has concluded.

No personal information other than an individual’s name or the organisation making a submission will be published.

For further information, please read the Tasmanian Government Public Submissions Policy (external link).

Accessibility of submissions

The Government recognises that not all individuals or groups are equally placed to access and understand information. We are therefore committed to ensuring Government information is accessible and easily understood by people with diverse communication needs.

Where possible, please consider typing your submission in plain English and providing it in a format such as Microsoft Word or equivalent.

The Government cannot however take responsibility for the accessibility of documents provided by third parties.

Important information to note

  1. Your name (or the name of the organisation) will be published unless you request otherwise.
  2. In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), the Department will treat the submission as public.
  3. If you would like your submission treated as confidential, whether in whole or in part, please indicate this in writing at the time of making your submission clearly identifying the parts of your submission you want to remain confidential and the reasons why. In this case, your submission will not be published to the extent of that request.
  4. Copyright in submissions remains with the author(s), not with the Tasmanian Government.
  5. The Department will not publish, in whole or in part, submissions containing defamatory or offensive material. If your submission includes information that could enable the identification of other individuals then either all or parts of the submission will not be published.

Submissions received

  • Australian Lawyers Alliance
  • Australia’s Right To Know
  • Community Legal Centres Tasmania
  • Dr Helen Cockburn
  • Dr Rachael Burgin and Ms Saxon Mullins
  • End Rape on Campus Australia
  • Engender Equality
  • H Stevenson
  • Knowmore
  • Laurel House
  • Rape & Domestic Violence Services Australia
  • Sexual Assault Support Service
  • St Michael's Collegiate School
  • Tasmanian Council of Social Service
  • The Law Society of Tasmania

Information provided to the Government may be provided to an applicant under the provisions of the Right to Information Act 2009 (RTI). If you have indicated that you wish all or part of your submission to be treated as confidential, your statement detailing the reasons may be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure. You may also be contacted to provide any further comment.

Timeline

Consultation opens

13-Dec-2019

Consultation closes

07-Feb-2020

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