Family Violence Reforms Bill 2018 - 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 the Criminal Code Act 1924 and Evidence (Children and Special Witnesses) Act 2001.

Family Violence Reforms Bill 2018

The Government is committed to employing a range of strategies to reduce levels of family violence in the State and to improving the way Tasmania’s justice system deals with perpetrators of family violence.

In the lead up to the March 2018 election, the Government announced that if re-elected it would strengthen family violence laws by creating a new offence of persistent family violence, to be modelled on other continuing offences in Tasmanian law.

A new persistent family violence offence will recognise that family violence offences can occur over a long period of time, which makes it difficult for victims to recall specific details and dates of individual acts of violence.

The Family Violence Reforms Bill amends:

  • the Criminal Code by inserting a new offence of persistent family violence;
  • section 125A of the Criminal Code to:
    • provide that the members of a jury are not required to agree on which unlawful sexual acts constitute the unlawful sexual relationship with a young person;
    • provide that in sentencing a person for an offence under s125A(2), the sentencing judge whilst being consistent with the jury’s verdict is to make her/his own findings as to the facts and sentence the accused accordingly.  In doing so, the judge does not need to ask the jury which of the unlawful sexual acts the jury agreed were proved for the maintenance of the sexual relationship;
  • the Evidence (Children and Special Witnesses) Act 2001 to be clear that a self-represented defendant is not permitted to cross-examine a witness who is the alleged victim of family violence during an application under parts 3 or 4 of the Family Violence Act 2004 or bail applications.

Download draft bill: Family Violence Reforms Bill 2018 (pdf, 338.4 KB)

How to make a submission

We must receive all written submissions on the draft Family Violence Reforms Bill 2018 by 5 pm on Friday, 31 August 2018.

You can make your submission either online, by email or by post.

Online

You can make your submission online by uploading it.

your can upload only docx, doc or pdf and not larger than 10 MB

Important: By submitting your file, you agree to publish it on this website.

Email

Email your submission to haveyoursay@justice.tas.gov.au.

Post

Mail your submission to:

Department of Justice
Office of the Secretary
GPO Box 825
Hobart tas 7001

Publishing submissions

Other than indicated below, submissions will be treated as public information and will be published on our 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.

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.