Justice Miscellaneous (Royal Commission Amendments) Bill 2022 - Have your say

The Tasmanian Government is committed to providing opportunities for community involvement in the development of Government policy.

As such, we are seeking your input on Justice Miscellaneous (Royal Commission Amendments) Bill 2022.

In 2017 the Criminal Justice Report of the Royal Commission into Institutional Responses to Child Sexual Abuse (the Royal Commission) made 85 recommendations aimed at supporting victims and survivors to effectively participate in criminal proceedings and receive appropriate support throughout the process.

The legislative reforms proposed by the Justice Miscellaneous (Royal Commission Amendments) Bill 2022 will:

  • Introduce a new crime of ‘failing to protect’ a child, within a relevant institution, from a substantial risk of sexual abuse by an adult associated with the institution;
  • Create a presumption that a child or young person under 17 years of age, or any person with a mental impairment, does not consent to sexual intercourse where the offender is in a position of authority in respect of the victim;
  • Remove all remaining limitation periods that apply to child sexual abuse offences in Tasmania;
  • Facilitate greater admissibility of tendency and coincidence evidence in child sexual abuse trials through the adoption of the Uniform Evidence Act as agreed by state and territory governments;
  • Enable parties to bring interlocutory appeals in child sexual abuse offence matters; and
  • Extend the classes of vulnerable witnesses who are eligible for their pre-recorded police interviews to be used as their evidence in chief in criminal proceedings.

The Tasmanian Government is committed to improving victim-survivors' experience of the criminal justice system, and access to justice. The Government also recognises that criminal justice reforms must be carefully considered to ensure that those aims are met and those who would offend against our children are dealt with according to community expectations.

How to make a submission

We must receive all written submissions on the draft Bill by 5pm on 7 October 2022.

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

Submit online

All fields are required

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 the Department of Justice website.

Submissions will be published [insert information about when submissions will be published after the introduction of the Bill.

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

For further information, please contact: Amber Mignot (Director, Child Abuse Royal Commission Response Unit) or read the Tasmanian Government Public Submissions Policy (external link).

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.

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.