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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
VALIDATION BILL 2023
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Repeal of Act
PART 2 - CORONERS ACT 1995 AMENDED
4. Principal Act
5. Section 18A inserted
18A. Validation of certain appointments
PART 3 - LEGAL PROFESSION ACT 2007 AMENDED
6. Principal Act
7. Section 660B inserted
660B. Validation of by-laws
[Bill 3]-VI
2
VALIDATION BILL 2023
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
LAURA ROSS, Clerk of the House
9 May 2023
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Coroners Act 1995 and the Legal
Profession Act 2007
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 Validation Act
2023.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 3] 3
Validation Act 2023
Act No. of 2023
s. 3 Part 1 - Preliminary
3. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.
4
Validation Act 2023
Act No. of 2023
Part 2 - Coroners Act 1995 Amended s. 4
PART 2 - CORONERS ACT 1995 AMENDED
4. Principal Act
In this Part, the Coroners Act 1995* is referred
to as the Principal Act.
5. Section 18A inserted
After section 18 of the Principal Act, the
following section is inserted in Part 3:
18A. Validation of certain appointments
(1) In this section -
appointed under State Service
legislation, in respect of an office
or position, includes -
(a) an appointment to the position, or
office, under the State Service Act
2000 or the Tasmanian State
Service Act 1984; and
(b) acting under a direction under
section 21A of the Acts
Interpretation Act 1931 in respect
of the office or position.
(2) For the purposes of this Act, the Minister
is taken to have validly appointed a
person to the position of the State
Forensic Pathologist under this Act if -
_______________________________________________________________
*No. 73 of 1995
5
Validation Act 2023
Act No. of 2023
s. 5 Part 2 - Coroners Act 1995 Amended
(a) on or after the commencement of
this Act, but before the
commencement of the Validation
Act 2023, the person was
appointed under State Service
legislation to one of the following
offices or positions within the
State Service:
(i) Director of Statewide
Forensic Medical Health
Services;
(ii) Director - Statewide
Forensic Medical
Services;
(iii) Director of Forensic
Pathology Services;
(iv) Statewide Director of
Forensic Pathology
Services;
(v) Director of Forensic
Pathology for Tasmania;
(vi) Statewide Director of
Forensic Pathology;
(vii) Director Forensic
Pathology; and
(b) while so appointed to that office
or position -
6
Validation Act 2023
Act No. of 2023
Part 2 - Coroners Act 1995 Amended s. 5
(i) the person believed, on
reasonable grounds, that
he or she had also been
appointed as the State
Forensic Pathologist
under this Act; and
(ii) he or she purportedly
performed the functions,
and purportedly exercised
the powers, of the State
Forensic Pathologist.
(3) Subsection (2) only applies in respect of
a person while the person was appointed
under State Service legislation to the
relevant office or position for that person
specified in subsection (2)(a).
(4) A function of the State Forensic
Pathologist purportedly performed, or a
power of the State Forensic Pathologist
purportedly exercised, by a person is
taken to have been validly performed or
exercised if -
(a) the function was performed, or
the power was exercised, while
the person was taken to have been
appointed to the position of State
Forensic Pathologist by virtue of
this section; and
(b) the function was performed, or
the power was exercised, by that
person in good faith.
7
Validation Act 2023
Act No. of 2023
s. 5 Part 2 - Coroners Act 1995 Amended
(5) For the avoidance of doubt, a person
approved under section 35 to undertake
coronial autopsies is taken to have been
validly approved under that section if the
person was approved by a person taken
to have been appointed to the position of
State Forensic Pathologist by virtue of
this section.
8
Validation Act 2023
Act No. of 2023
Part 3 - Legal Profession Act 2007 Amended s. 6
PART 3 - LEGAL PROFESSION ACT 2007 AMENDED
6. Principal Act
In this Part, the Legal Profession Act 2007* is
referred to as the Principal Act.
7. Section 660B inserted
After section 660A of the Principal Act, the
following section is inserted in Part 8.2:
660B. Validation of by-laws
(1) In this section -
member means member of the Law
Society;
2012 By-laws means the Law Society
By-laws 2010, made at a meeting
of the Council of the Law Society
of Tasmania on 20 October 2012
and known as Statutory Rule 114
of 2012;
relevant Council, in respect of a
decision or action taken under the
2012 By-laws during the relevant
period, means the Council as
constituted under the 2012 By-
laws at the time at which the
decision or action was taken;
_______________________________________________________________
*No. 24 of 2007
9
Validation Act 2023
Act No. of 2023
s. 7 Part 3 - Legal Profession Act 2007 Amended
relevant period means the period
commencing on
1 December 2012 and ending on
31 January 2023.
(2) The 2012 By-laws are taken to have been
validly made, and in force, under this Act
for the duration of the relevant period.
(3) Each of the following actions taken, or
purportedly taken, during the relevant
period is not invalid solely on the basis
that the action was taken during the
relevant period:
(a) a decision made, or other action
taken, by the relevant Council
under the 2012 By-laws;
(b) a decision made, or other action
taken, under the 2012 By-laws by
the executive committee, of the
relevant Council, elected in
accordance with the 2012 By-
laws;
(c) a decision made, or other action
taken, in accordance with the
2012 By-laws that relates to the
assets and finances of the Law
Society;
(d) a decision made, or other action
taken, under the 2012 By-laws by
a regional committee established
in accordance with the 2012 By-
laws;
10
Validation Act 2023
Act No. of 2023
Part 3 - Legal Profession Act 2007 Amended s. 7
(e) a decision made, or other action
taken, by the executive director of
the Law Society in accordance
with the 2012 By-laws;
(f) an election held under the 2012
By-laws;
(g) the filling of a casual vacancy, in
the membership of the relevant
Council, in accordance with the
2012 By-laws;
(h) a meeting, including a general
meeting, held in accordance with
the 2012 By-laws;
(i) a decision or resolution made at a
meeting referred to in
paragraph (h);
(j) a resolution to expel a member,
or a decision not to expel a
member, that was made under the
2012 By-laws;
(k) the suspension of a person's
membership, or of a right,
privilege or benefit of
membership, that was made
under the 2012 By-laws;
(l) the approval of, or refusal to
approve, an application made
under the 2012 By-laws;
11
Validation Act 2023
Act No. of 2023
s. 7 Part 3 - Legal Profession Act 2007 Amended
(m) the payment of a fee required to
be paid under the 2012 By-laws;
(n) the affixing of the common seal
of the Law Society in accordance
with the 2012 By-laws.
(4) For the avoidance of doubt,
subsection (3) applies to each occurrence
of an action specified in that subsection
that occurred during the relevant period.