Legislative change
The Commission of Inquiry provided 54 recommendations for changes to Tasmanian
laws. A number of proposed legislative changes have already progressed to the
Parliament of Tasmania and are being considered, this includes the creation of the Child
Safety Reform Implementation Monitor. Further legislative change is planned over the
course of implementing reform to 2029.
Legislative change:
The Justice Miscellaneous (Commission of Inquiry) Bill 2024 (introduced on 18 June 2024)
The Bill makes a range of amendments to protect children, improve the law’s response to victim-survivors of child sexual abuse and to hold offenders to account. It includes amendments to criminal and civil laws to:
- ensure organisations can make meaningful apologies for past child sexual abuse;
- extend offences for child sexual abuse in the Criminal Code;
- allow evidence relating to summary charges discontinued in certain circumstances to be used as relationship, tendency or coincidence evidence in later, different sexual or family violence offence proceedings; and
- provide that any alleged consent or acquiescence of a victim of child sexual abuse is not a mitigating factor in determining the appropriate sentence for the offender.
The Bill also amends the Registration to Work with Vulnerable People Act 2013 by providing further statutory guidance to the Registrar, reinforcing that suspension or cancellation of registration to work with children, including immediate suspension, is mandatory in certain circumstances.
The Commission of Inquiry recommendations addressed by this Bill are numbered 16.9, 16.13, 16.14, 16.18, 17.4 17.5 and 18.12.
The Evidence (Children and Special Witnesses) Amendment Bill 2024 (introduced on 18 June 2024)
The Bill progresses Commission of Inquiry recommendation 16.11(1), to expand and clarify protective procedures, which help witnesses in the Evidence (Children and Special Witnesses) Act 2001.
Specifically, the Bill:
- expands eligibility for support person assistance to adult complainants in proceedings relating to child sexual abuse;
- omits the current requirement that the accused person consents to a judge’s order that a special hearing is to occur. A special hearing is where evidence can be given and recorded before the trial to then be played during the trial so that the witness does not have to attend; and
- specifically recognises the use of screens, one-way glass or other devices to shield an ‘affected person’ or ‘special witness’ from seeing the defendant in court, if either type of witness chooses to give evidence in court.
The Child Safety Reform Implementation Monitor Bill 2024 (passed on 20 June 2024)
The Bill has established an independent reform monitor to oversee and report on the implementation of the recommendations of the Commission of Inquiry.
The Bill sets out the objectives and functions of the monitor, the relevant skills and experience required, as well as terms of appointment.
The Bill addresses Commission of Inquiry recommendation 22.1.