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 Government has committed to amending section 194K of the Evidence Act 2001 (Tas) to provide victims of sexual crimes the right to speak out publicly.

The Evidence Amendment Bill 2020 replaces the current section 194K with a new section that, inter alia, provides for the publication of identifying information about a victim of a sexual crime where prior to publication the victim:

  • has authorised the publication in writing;
  • is at least 18 years of age at the time of the publication;
  • was not coerced into agreeing to the publication; and
  • does not have a mental impairment that would make them incapable of reasonable judgment in respect of the publication.

The draft Bill also provides for safeguards to ensure there are appropriate protections for victims who do not wish to be identified and an offence for breach of the publication prohibition in addition to the existing contempt provision.

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

How to make a submission

We must receive all written submissions on the draft Evidence Amendment Bill 2020 by 5pm on Friday, 7 February 2020.

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

Submit online

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 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.