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FACT SHEET
Justice and Related Legislation (Miscellaneous Amendments)
Bill 2012
This Bill make miscellaneous amendments to a number of mainly
Justice related Acts. In Brief the more significant amendments are as
follows:
(a) Section 7 of the Bail Act 1994 is amended to clarify that a Crown
Law officer may alter the date a person admitted to bail is to
appear in court on more than one occasion.
(b) The Building and Construction Industry Security of Payment Act 2009
is amended to:
Clarify the definition of "business day"
ensure that the minimum period allowed under section 19
is 20 days for residential home owners
ensure that the minimum payment period under section 20
is 20 days for residential home owners.
(c) The Civil Liability Act 2002 is amended to:
insert a new section to remove the right of an employer to
seek indemnification from an employee where the employer
is vicariously liable for the employee's action unless the
employee is guilty of serious or wilful misconduct; and
cap damages for loss of earning capacity in actions under
the Fatal Accidents Act 1934 in the same way as occurs in
other damages claims.
(d) Amend section 87A of the Corrections Act 1997 to include a
forensic patient within the meaning of the Mental Health Act 1996
being held in relation to a violent or sexual offence as a person
about whom eligible persons (mostly victims) will be entitled to
receive information about the offender.
(e) Section 10 of the Criminal Justice (Mental Impairment) Act 1999 is
amended to replace the references to a committal hearing with
references to a preliminary proceeding.
(f) The Evidence (Audio and Visual Links) Act 1999 is amended to
permit evidence to be given by audio visual link from overseas
countries.
(g) The Integrity Commission Act 2009 is amended to:
include the University of Tasmania in the definition of Public
Authorities; and
avoid the need for two annual reports at two different
times; and
limit the number of members appointed to an Integrity
Tribunal and deal with a situation where a number of Board
members may be ineligible to sit on a Tribunal.
(h) The Juries Act 2003 is amended by
extending sections 39(3)(a) and 40(a) to provide for a
situation where a court has reasonable grounds for
suspecting that a juror may not be impartial; and
deleting the words "in an emergency" from section 41(1)
(i) Section 607 of the Legal Profession Act 2007 is amended to clarify
that a person appointed as secretary to the Board of Legal
Education does not have to be an officer or employee in the State
Service.
(j) Section 42 of the Police Powers (Surveillance Devices) Act 2006 and
section 32 of the Police Powers (Controlled Operations) Act 2006 are
amended to require the inspection entity to report not later than
3 months after the end of each financial year on the results of
each inspection in that financial year.
(k) The Public Interest Disclosures Act 2002 and the Right to Information
Act 2009 are amended to include the University of Tasmania in
the Schedule of bodies to which the Acts apply.
(l) The Supreme Court Civil Procedure Act 1932 is amended to
provide for appeals to be made direct to the Full Court
from judgments of the Associate Judge that finalise the
rights of the parties,
provide for a power to make rules specifying which
judgements are to be regarded as final,
repeal section 191A and to make a minor correction to the
wording of section 197(1)(f).
(m) Amend section 7A of the Victims of Crime Assistance Act 1976
to provide for the collection of monies ordered to be paid to the
Crown under that section to be collected by the Director,
Monetary Penalties Enforcement and make consequential
amendments to section 3 of the Monetary Penalties Enforcement
Act 2005.
(n) The phrase "Court of Requests" is replaced with the phrase
"Magistrates Court (Civil Division)" in the Appeal Costs Fund Act
1968; Business Names Act 1962; Consumer Affairs Act 1988; Drains
Act 1954; Landlord and Tenant Act 1935;Married Women's Property
Act 1935; Supreme Court Civil Procedure Act 1932; Workers
Rehabilitation and Compensation Act 1932.
(o) Out-dated statutory rules made under the Trustee Act 1898 are
revoked.