TAS

In Tasmania, some criminal matters and a few civil matters are determined by a jury. The right to trial by a jury is based on the principle that limits should be placed on the power of the state over people’s lives. However, the vast majority of criminal matters in Tasmania are dealt with summarily (in…

Neighbourhood disputes can often be resolved informally by talking to your neighbour and letting them know when their actions are affecting you. When this is not possible, the dispute may need to be taken to arbitration, to a Tribunal or to your local council. This article briefly outlines the procedures for dealing with different types…

The only youth detention centre in Tasmania is the Ashley Youth Detention Centre. It is operated by Children and Youth Services and houses both males and females between the ages of 10 and 18. Young people aged over ten who are charged with criminal offences in Tasmania can be remanded or sentenced to detention under…

The Tasmanian Animal Welfare Act 1993 regulates the treatment of animals under human care or charge, including domestic animals and animals held for commercial purposes. The act defines animal as including all live vertebrate animals except for humans. The act stipulates that humans having control of animals have a duty of care and sets out…

Tasmania this week became the first Australian jurisdiction to make the listing of babies’ apparent sex on birth certificates optional. The Tasmanian Senate this week passed the Justice and Related Legislation (Marriage Amendment) Bill, despite the opposition of the Liberal government. Under the new legislation, Tasmanians aged over 16 will also be able to change…

Tasmanian legislation allows courts to declare a person a dangerous criminal if they fulfill certain criteria. A declaration that an offender is a dangerous criminal means that the person is not released from custody until the declaration is discharged. In practice, this can mean that an offender remains in custody for many years beyond the…

In Tasmania, when a court sentences an offender to a term of imprisonment, it can order that the term of imprisonment be suspended in whole or in part. When a person is given a suspended sentence, they are allowed to live in the community and do not have to serve the term provided they abide…

In December 2018, the Tasmanian government passed legislation allowing courts to sentence offenders to home detention orders. Under Part 5A of the Sentencing Act 1997, an offender can now be ordered to be at a specified premise and to comply with strict conditions including electronic monitoring. Home detention orders allow courts to impose custodial sentences…

The Tasmanian victims of crime assistance scheme is governed by the Victims of Crime Assistance Act 1976. The scheme allows persons who have been affected by acts of violence to obtain monetary compensation for their injuries and reimbursement for expenses incurred as a result of those injuries. Injuries may be physical injuries (including pregnancy) or…

Imprisonment is the most severe penalty that Tasmanian courts can impose. Tasmania has four prisons, being Risdon Prison Complex, Mary Hutchinson Women’s Prison, Ron Barwick Minimum Security Prison and the Hobart Reception Centre. All of these prisons are publicly operated by the Tasmanian Department of Justice. Tasmania had a prison population of 596 on 30…

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…