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Tasmania Law Reform Institute

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25.01.2022 Today we launched our final report, concluding our project into the emotive issue of claims to deceased estates. The report recommends that Tasmania’s existing laws enabling family members to dispute an inheritance should not be changed to cover assets that fall outside the estate, unless all Australian states and territories enact consistent laws. Otherwise any Tasmanian law might not be effective. A copy of our Final Report, and Easy Read summary can be found on our website.... https://www.utas.edu.au//pu/completed-law-reform-projects See more

23.01.2022 In January 2018, TLRI released its Final Report on Facilitating Equal Access to Justice: An Intermediary/ Communication Assistant Scheme for Tasmania?" On this topic, see the recent ABC Law Report radio program where Sally Kedge, Director of Talking Trouble Aotearoa New Zealand, provides an insight into the work of communication assistants in youth justice in New Zealand. See from 18:00 of the 28:22 episode. https://www.abc.net.au//de-radicalising-young-ter/11578642

23.01.2022 The Examiner (newspaper) 15/1/2020 Tasmania Law Reform Institute says review of government decisions is out of public reach https://www.examiner.com.au//decision-review-process-arca/... The Tasmania Law Reform Institute has requested the government improve how its decisions can be challenged by the public and reviewed by courts. The Judicial Review Act was established to allow for a review process of government decisions and actions with the intention to provide legal safeguards for public accountability. Dylan Richards from the institute said the system for judicial reviews was too complex, even for lawyers. He said this made the process inaccessible and costly to use. "When it originated 20 years ago, the Judicial Review Act was intended to simplify the process, making it more accessible to the general public," Mr Richards said. "Subsequent developments in the law have effectively defeated this purpose." He said community members and the legal fraternity in recent years had raised concerns that changes to legislation and government practice had undermined the objectives of the act. "It is vital that the people have a means to ensure transparency on the part of the government and judicial review is an important tool to achieve this," he said. The report identified the transfer of public decision-making to private bodies as an issue as there was no recourse to judicial review. It said governments have become increasingly more reliant on powers conferred by contracts and other agreements to implement programs and control service delivery which were not subject to judicial review. "Governments are also tending to outsource service delivery to a greater extent than they have in the past," the report said. "If they are not so subject, there is no way of ensuring that the government and its servants and agents are not exceeding their legal powers.

23.01.2022 Today we released our Review of the Judicial Review Act 2000 (Tas), the first comprehensive review of the Act since it commenced 20 years ago. Why does judicial... review matter? It's the principal mechanism to ensure that public law functions are carried out lawfully and fairly, and that decision-makers don't abuse their power. The Judicial Review Act was intended to provide an accessible means of reviewing government action. Our review responds to concerns that the current operation of the law fails to meets these objectives. In particular, the review looks at two key issues: 1. How changes in the legal landscape have affected access to, and outcomes of, judicial review. 2. Whether devolving government decision-making functions beyond the conventional notion of public decision makers puts some decisions outside the scope of the Act. The TLRI’s recommendations are designed to re-align the law with its original purpose within the context of changes to the public services, public decision makers and the structure of modern government. Read the report at http://bit.ly/2srwFa7 Photo: Reference group member, Ben Bartl (CLC Tas); TLRI Director, Terese Henning; Report Author Dylan Richards.

20.01.2022 This week we've waved goodbye to our wonderful Director, A/Prof Terese Henning. Terese has been the backbone of the TLRI for many years. She has maintained the rigour (and grammatical correctness) of our work, stood her ground on things that mattered, advocated for better, fairer laws, and nurtured and mentored staff and students. She's done it all with unmatched integrity, humility, and good humour. Go well, Terese, you'll be missed!

19.01.2022 Can police ask to see your phone? TLRI researcher, Dr Rebecca Bradfield, has published a great article on police powers to search a person’s mobile phone without a warrant. Dr Bradfield looks at the laws around Australia and calls for greater clarity and safeguards to ensure that people's rights are adequately protected. If you're interested in the full article but can't access, get in touch with us.

18.01.2022 https://youtu.be/5uG8Oeklnxs Please tell us what you think about our first 'explainer' video; designed to broaden the reach of our consultation and communication about important law reform issues.

17.01.2022 The Tasmania Law Reform Institute (TLRI) is pleased to announce the successful funding of a Privacy Law Reference for 2020-2021 by the Tasmanian Solicitor Guarantee Fund. The grant will support a reference by The Hon Meg Webb MLC that the TLRI inquire into, review and report on: 1. The current protections of privacy and of the right to privacy in Tasmania and any need to enhance or extend protections for privacy in Tasmania.... 2. The extent to which the Personal Information Protection Act 2004 (Tas) and related laws continue to provide an effective framework for the protection of privacy in Tasmania and the need for any reform to that Act. 3. Models that enhance and protect privacy in other jurisdictions (in Australia and overseas). In undertaking this reference, the Institute will consider and have regard to: a. the United Nations International Convention on Civil and Political Rights and other relevant international instruments that protect the right to privacy. b. relevant existing and proposed Commonwealth, State and Territory laws and practices c. any recent reviews of the privacy laws in other jurisdictions. d. current and emerging international law and obligations in this area. e. privacy regimes, developments and trends in other jurisdictions. f. the need of individuals for privacy protection in an evolving technological environment, and g. any other related matter. The TLRI is presently designing an inquiry plan and will call for expressions of interest for a dedicated researcher to assist us with the inquiry soon. The Solicitor Guarantee Fund is administered by the Solicitors' Trust, established under Legal Profession Act 2007, s 633, and the Tasmanian Attorney-General (Hon Elise Archer MP - Liberal Member for Clark). The TLRI expresses its gratitude to the Attorney General and SGF Grants Assessment Panel for supporting this important inquiry.

16.01.2022 We released our Issues Paper on the Legal Recognition of Sex and Gender last week. It examines recent changes to laws about recording sex & gender information on birth certificates. It also addresses the issue of consent to invasive medical procedures performed on intersex children, which can have long term adverse impacts. The Institute is calling for community feedback on the issues raised in the paper. To make sure your views are heard, make a submission before 20 Aug 2019. The Issues Paper (including an easy-read version), and a submission template are available on our webpage: https://www.utas.edu.au//publ/ongoing-law-reform-projects2

14.01.2022 https://theconversation.com/all-colours-of-the-rainbow-why-

14.01.2022 We are delighted to announce that applications are now open for the Dr Vanessa Goodwin Law Reform Scholarship! The scholarship offers a later year law or criminology student support for their studies and an opportunity to undertake a research internship with the Tasmania Law Reform Institute. It's a great chance to get involved in shaping Tasmania's laws, and a fitting tribute to Dr Goodwin's legacy. Applications are open until 31 October 2019. To apply, follow the link be...low: https://info.scholarships.utas.edu.au/AwardDetails.aspx See more

13.01.2022 Transparency is a fundamental tenet of a robust democracy. We support calls from our colleagues at the Institute for the Study of Social Change for campaign finance reforms. Other reforms that would improve democratic processes include strengthening provisions around misleading advertising during elections and increased transparency regarding ministerial access by lobbyists. To read the ISSC's report on Campaign Finance Reform in Tasmania, go to https://www.utas.edu.au//insight-ten-campaign-finance-refo

13.01.2022 Jurors’ use of social media and other internet activity during criminal trials is the focus of research we're undertaking. Today we released an issues paper authored by Jemma Holt, which invites submissions on this topic until 4 Oct 2019. Feedback received will inform a final report to the Attorney-General in early 2020. https://www.utas.edu.au//12/Jurors-and-Social-Media-IP.pdf

12.01.2022 Applications for the inaugural Dr Vanessa Goodwin Law Reform Scholarship close on 31 October 2019. Apply now for this wonderful opportunity to work with the Tasmania Law Reform Institute on a range of interesting projects.

05.01.2022 Today the Tasmania Law Reform Institute completed its year long inquiry into courts and the information age, funded by the Law Foundation of Tasmania. We recommended strengthening and standardising pre-selection education and post-empanelment judicial directions. Here is our overview on The Conversation. https://bit.ly/30GuITM... The Final Report (PDF 1.5mb) is here https://bit.ly/2RBoksZ Our explainer video is here (closed captions available) https://youtu.be/5uG8Oeklnxs

04.01.2022 Today we launched the final report on our project which reviewed Insanity & Fitness to Plead. The report concluded that fairer laws are needed for people with mental health or cognitive impairments. Reform is needed to ensure that vulnerable defendants in the criminal justice system have access to a regular trial wherever possible.... The Final Report, and an Easy Read summary can be found on our website. https://www.utas.edu.au//pu/completed-law-reform-projects

04.01.2022 A timeline installation acknowledging the history of Tasmanian Aborigines’ health and wellbeing, was launched yesterday at the UTas Medical Science Precinct. The Timeline project manager was TLRI Board member Rosie Smith. Our former director, Her Excellency Professor the Honourable Kate Warner AC, attended the launch. http://www.media.utas.edu.au//tasmanian-aboriginals-health

01.01.2022 Strangulation is often a red flag which indicates that family violence may escalate further. Introducing a specific offence of strangulation would provide a clear record of threatening behaviour.