TAS

A Labor and Greens bill, which would allow parents to choose whether or not to have their baby’s sex recorded on the birth certificate, has passed the Tasmanian lower house. The bill also allows people over 16 to change the gender on their birth certificate if they make a statutory declaration and have the support…

The rules regarding cyclists in Tasmania both on roads and on paths are contained in the Road Rules 2009. The road rules apply to all vehicles including bicycles. They also set out some additional rules that apply only to bicycles and some rules that apply to motorists when encountering cyclists on the road. Additional rules…

The cultivation of cannabis is an offence in Tasmania unless it is done for medicinal purposes by a person licenced to grow cannabis under the federal licencing scheme. Cultivating controlled plants such as cannabis or opium poppies, is punishable by penalties at different levels depending on the amount of plant grown. While isolated voices have…

Sexual offences in Tasmania are governed by the Criminal Code Act 1924. This act covers a range of sexual offences against children as well as sexual assaults against adults. The majority of sexual offences against adults that exist under Tasmanian law relate to non-consensual sexual contact. Consent Consent is defined as ‘free agreement’ (Section 2A).…

The age of consent laws across Australia are notoriously inconsistent. While the age of consent stands at 16 in the majority of states and territories, it is 17 in South Australia and Tasmania. In all states, a mistaken but reasonable belief that the child was older than they in fact were can be used as…

A breach of a Family Violence Order in Tasmania is a serious criminal offence. In Tasmania, a court may make a Family Violence Order (FVO) under the Family Violence Act 2004. These orders generally prohibit a defendant from threatening, abusing, or assaulting a protected person of whom they are in a family or domestic relationship…

It is important to adhere to the court etiquette in Tasmania as it displays the requisite respect for the courts and legal system. Everyone must follow the court’s procedural rules. If you do not follow this etiquette, the judicial officers may require you to exit the court or they may find you in contempt of…

Firearms offences in Tasmania are governed by the Firearms Act 1996. In Tasmania, a person who owns or possesses a firearm must hold a licence and every firearm must be registered. Further, the range of firearms that a person can lawfully use, possess or collect is restricted. Anyone who isn’t authorised to have a firearm…

Since 2013 there has been a general offence of fraud in Tasmania under s 253A of the state’s Criminal Code. This is the most serious of the fraud-related dishonesty offences in Tasmania. A maximum penalty of 21 years imprisonment applies although, in practice, a much lesser penalty is usually imposed by the courts. What is…

The laws relating to the regulation of drugs and associated drug offences in Tasmania are contained in the Poisons Act 1971, the Criminal Code Act 1924 and the Misuse of Drugs Act 2001. These Acts specify different categories of drugs to which different rules and penalties apply. These categories include: narcotic substances (certain prescription drugs)…

The laws that apply for police when undertaking personal searches in Tasmania are in the Police Offences Act 1935, the Misuse of Drugs Act 2001, the Poisons Act 1971, the Firearms Act 1996 and the Family Violence Act 2004. Police can search a person or their premises for the purposes of investigating a crime if…

The management of complaints about police misconduct in Tasmania are covered by the Police Service Act 2003, the Ombudsman Act 1978 and the Integrity Commission Act 2009. Most complaints about police misconduct are dealt with by Tasmania Police, but more serious allegations can be dealt with by the Ombudsman or the Integrity Commission. The Ombudsman…

The law that deals with the Community Protection Offender Register in Tasmania is the Community Protection (Offender Reporting) Act 2005. The main purpose of the register is to: reduce the chances a person will re-offend aid the investigation of any future offences a person may commit. Only authorised persons can access the Community Protection Offender…

The laws regarding parole in Tasmania are in the Sentencing Act 1997 and the Corrections Act 1997. Parole in Tasmania is the release of a person from prison on strict conditions before the end of their sentence. It is different from remission because the person is still considered to be serving a jail sentence while…

Demerit points in Tasmania are recorded on a driver’s licence for a range of traffic and driving offences. If a person who holds a Tasmanian driver’s licence commits a demerit point offence interstate, the details are sent to Tasmania to be recorded on their driver’s licence records. For a person driving in Tasmania on an…

Community based sentencing in Tasmania permits a court to release an offender into the community under strict terms and conditions rather than apply penalties such as a prison sentence or fines. Community based sentencing has the potential to benefit not only offenders but also the community by directing offenders to undertake such programs as community…