Justice and Related Legislation (Miscellaneous Amendments) Act 2024
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Justice and Related Legislation (Miscellaneous Amendments) Act 2024
Justice and Related Legislation (Miscellaneous Amendments) Act 2024
An Act to amend the Coroners Act 1995 , the Criminal Code Act 1924 , the Legal Profession Act 2007 , the Police Offences Act 1935 and the Variation of Trusts Act 1994
[Royal Assent 13 December 2024]
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
1.
Short title
This Act may be cited as the
Justice and Related Legislation (Miscellaneous Amendments) Act 2024 .
2.
Commencement
(1)
Except as provided in this section, the provisions of this Act commence on the day on which this Act receives the Royal Assent.
(2)
Part 2
commences on a day to be proclaimed.
3.
Repeal of Act
This Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.
[Commences: Never commenced
PART 2 - Coroners Act 1995 Amended
[Commences: Never commenced]
4.
Principal Act
In this Part, the
Coroners Act 1995
is referred to as the Principal Act.
5.
Section 3
amended (Interpretation)
Section 3 of the Principal Act
is amended by inserting after
the definition of
detention centre
the following definition:
family violence
has the same meaning as in the Family Violence Act 2004 ;
6.
Section 24
amended (Jurisdiction of coroner to hold inquest into a death)
Section 24(1) of the Principal Act
is amended as follows:
(a) by omitting " section 25 " and substituting " sections 24B
and
25 " ;
(b) by inserting the following paragraph after
paragraph (ea) :
(eb) the coroner suspects that family violence has materially contributed to the death of the deceased; or
7.
Section 24B
inserted
After
section 24A of the Principal Act , the following section is inserted in Part 5:
24B.
Procedure where person charged with an offence before inquest
(1)
This section applies to a death, a fire or an explosion if
(a) the coroner intends to hold an inquest in relation to the death, fire or explosion; and
(b) before that inquest commences, a person has been charged before justices with one or more of the following offences:
(i) the murder of the deceased;
(ii) the manslaughter of the deceased;
(iii) the infanticide of the deceased;
(iv) causing grievous bodily harm to the deceased;
(v) causing the death of the deceased by dangerous driving;
(vi) dangerous driving, where the driving caused an accident that resulted in the death of the deceased;
(vii) an offence under section 32(1) of the Traffic Act 1925 arising out of an accident that resulted in the death of the deceased;
(viii) arson in relation to the fire;
(ix) unlawfully causing the fire;
(x) unlawfully causing the explosion.
(2)
The coroner may decide not to start an inquest in respect of a death, or a fire or an explosion, to which this section applies if, after the conclusion of the criminal proceedings for the relevant offence under
subsection (1)(b) , the coroner is of the opinion that there is no longer sufficient cause to hold the inquest.
(3)
An inquest that is held in respect of a death, or a fire or an explosion, to which this section applies, must not contain any finding which is inconsistent with the facts as determined during the criminal proceedings held in respect of the relevant offence under
subsection (1)(b) .
8.
Section 25
amended (Procedure at inquest where person charged with an offence)
Section 25 of the Principal Act
is amended by omitting
subsection (4)
and substituting the following subsection:
(4)
If, in the course of the criminal proceedings for an offence referred to in subsection (2), a person has been charged in respect of the offence, the inquest, on its resumption, must not contain any finding which is inconsistent with the facts as determined during those proceedings.
9.
Section 26B
inserted
After
section 26A of the Principal Act , the following section is inserted in Part 5:
26B.
Inquests relating to family violence
(1)
Despite
section 24B(2)
and
section 25(3) , a coroner may only decide not to hold, or resume, an inquest pursuant to
section 24(1)(eb)
into a death if
(a) the family violence, that the coroner suspects materially contributed to the death
(i) is the subject of criminal proceedings in any court; or
(ii) has been referred to in connection with criminal proceedings in any court; and
(b) as a result of the facts as determined during the criminal proceedings, the coroner
(i) no longer suspects that family violence materially contributed to the death; or
(ii) is satisfied that the contribution that family violence made to the death has been addressed and it would not be in the public interest to hold the inquest.
(2)
For the avoidance of doubt,
subsection (1)
applies to holding, or resuming, an inquest pursuant to
section 24(1)(eb)
into a death even if another provision in
section 24(1)
also applies in respect of the death.
10.
Sections 72AA
and
72AAB
inserted
After
section 72 of the Principal Act , the following sections are inserted in Part 8:
72AA.
Transitional provisions consequent on commencement of Justice and Related Legislation (Miscellaneous Amendments) Act 2024
(1)
Section 24, as in force immediately before the commencement of Part 2 of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024 , applies to a death that occurred before the commencement of that Part.
(2)
Section 25, as in force immediately before the commencement of Part 2 of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024 , applies to an inquest that has commenced before the commencement of that Part.
(3)
For the avoidance of doubt, section 24B does not apply in respect of an inquest that has commenced before the commencement of Part 2 of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024 .
(4)
Section 26B does not apply in respect of a death that occurred before the commencement of that section.
72AAB.
Review of certain amendments made by Justice and Related Legislation (Miscellaneous Amendments) Act 2024
(1)
The Minister is to cause a review of the operation of
section 24(1)(eb)
to be completed within 6 months of the second anniversary of the day on which section 6(b) of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024 commenced.
(2)
A review under
subsection (1)
is to include, but is not limited to, a review of
(a) the impact of
section 24(1)(eb)
on the workload of the Magistrates Court (Coronial Division); and
(b) the effect of that section, if any, on systemic reforms relating to family violence.
(3)
The Minister is to cause a copy of the review under
subsection (1)
to be tabled in each House of Parliament within 10 sitting-days of that House after the review is given to the Minister.
]
PART 3 - Criminal Code Act 1924 Amended
11.
Principal Act
In this Part, the
Criminal Code Act 1924
is referred to as the Principal Act.
12.
The amendments effected by this Part have been incorporated into the authorised version of the
Criminal Code Act 1924 .
13.
The amendments effected by this Part have been incorporated into the authorised version of the
Criminal Code Act 1924 .
PART 4 - Legal Profession Act 2007 Amended
14.
Principal Act
In this Part, the
Legal Profession Act 2007
is referred to as the Principal Act.
15.
The amendments effected by this Part have been incorporated into the authorised version of the
Legal Profession Act 2007 .
PART 5 - Police Offences Act 1935 Amended
16.
Principal Act
In this Part, the
Police Offences Act 1935
is referred to as the Principal Act.
17.
The amendments effected by this Part have been incorporated into the authorised version of the
Police Offences Act 1935 .
18.
The amendments effected by this Part have been incorporated into the authorised version of the
Police Offences Act 1935 .
PART 6 - Variation of Trusts Act 1994 Amended
19.
Principal Act
In this Part, the
Variation of Trusts Act 1994
is referred to as the Principal Act.
20.
The amendments effected by this Part have been incorporated into the authorised version of the
Variation of Trusts Act 1994 .
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