Magistrates Court (Criminal and General Division) Bill 2019 - Have your say

The Tasmanian Government is committed to ensuring that public consultation processes are open and transparent. We are seeking your input on the Magistrates Court (Criminal and General Division) Bill 2019 (pdf, 1.5 MB).

This Bill is designed to increase efficiencies in the Magistrates Court and will update the processes and procedures for the criminal jurisdiction of the Magistrates Court, known as the Court of Petty Sessions, currently provided by the Justices Act 1959.

This is an outdated piece of legislation that is difficult to understand and does not provide the necessary legislative basis upon which to operate a modern Court.

The new Bill includes a framework for the disclosure of prosecution evidence in summary offences that will ensure that a defendant receives full disclosure of the case against them at the earliest opportunity.

Over the years, the various other jurisdictions of the Magistrates Court have been created as Divisions of that Court. For example, the Administrative Appeals Division, the Children’s Division, the Civil Division, and the Coronial Division, each created by a new Act and operating in accordance with a purpose-specific set of rules.

The criminal jurisdiction of the Magistrates Court is the only jurisdiction remaining to be updated.

Initial consultation on the Bill was conducted in 2017. It has now been revised to address concerns raised by stakeholders.

Contact officer for this consultation is Emma Gunn (ph. 6165 4924).

Publishing submissions

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

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

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

Please read the Tasmanian Government Public Submissions Policy (external link) for more information.

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.

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.

The Right to Information Act 2009 and confidentiality

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.