Media release – Guy Barnett, Attorney-General and Minister for Justice, 28 November 2024

Progressing reforms to respond to crimes motivated by prejudice

The Tasmanian Government is cracking down on crimes motivated by race, discrimination and hate so every Tasmanian can feel safe, included and be the best they can be in our thriving multicultural society.

Amendments will be made to Section 11B of the Sentencing Act 1997 – which currently considers racially motivated attacks as an aggravating factor in sentencing – to include other attributes such as discrimination or hatred.

Attorney-General and Minister for Justice, Guy Barnett, said the amendments follow recommendations made to the Government by the Sentencing Advisory Council earlier this year.

“Today’s announcement is another measure we’re taking to ensure that Tasmanians are safe,” the Attorney-General said. “The Tasmanian Government is putting offenders on notice. This behaviour is anti-Tasmanian and it won’t be tolerated.

“We are sending a message to those people in our communities who are committing crimes that are motivated by prejudice, such as race or hate. We will throw the book at you.

“We are cracking down on knife crime, on hooning, on anti-social behaviour and more because we have heard time and again from our community who are sick of this behaviour.

“People have a right to feel safe in their community – no matter from where they come from, how they look, or what they do for work.

“Our 2030 Strong Plan for Tasmania’s Future cracks down on crime through stronger laws and tougher penalties so that our State is the best it possibly can be.

“I would like to thank and acknowledge the work of the Multicultural Council of Tasmania, the Sentencing Advisory Council and the Tasmanian Prejudice Related Violence Working Group.”

The proposed legislation will also seek to:

  • broaden the scope of the section so that it applies as a sentence aggravation factor in cases of prejudicial or hateful motivation based on other attributes in addition to race;
  • insert an illustrative, non-exhaustive list of groups or attributes which are to be captured by the broadened scope of the section; and
  • provide for an alternative legal test to establish the element of prejudicial or hateful motivation, to enable the aggravation factor to be made out where the offender has demonstrated hostility on the basis of an attribute that falls within the scope of the section.

A draft Bill will now be developed which will be released for public and stakeholder consultation in early 2025, before it is introduced to Parliament.

Media release – Felix Ellis, Minister for Police, Fire and Emergency Management, 28 November 2024

Protecting our most vulnerable from registered sex offenders

The Tasmanian Government is putting the safety of our children and most vulnerable at the forefront, with the introduction of some of the toughest child protection laws in the country.

The Community Protection (Offender Reporting) Amendment Bill 2024 will allow a parent or guardian of a child to ask about a specific person who has regular, unsupervised access to their child to see if they are listed on the sex offender register.

It will also allow a reportable offender’s details to be publicly displayed when their location and whereabouts are unknown.

Minister for Police, Fire and Emergency Management, Felix Ellis, said protecting our children and most vulnerable from sex offenders is an absolute priority – no ifs, buts, or maybes.

“Our reforms give power to our parents and caregivers by giving them the information they need to protect their children, and those most vulnerable in our community,” Minister Ellis said.

“These changes will also ensure our police have more powers to monitor the activities of sex offenders online.

“Through our Government’s 2030 Strong Plan for Tasmania’s Future, we are absolutely committed to the protection of our children, ensuring Tasmania remains the best place to live, work, and raise a family.

“I look forward to the Parliament’s full support in putting the protection of children ahead of the privacy of sex offenders.”

Media release – Equality Tasmania, 28 November 2024

TAS GOV HATE CRIME LAW COMMITMENT WELCOMED BUT FURTHER ACTION NEEDED

Equality Tasmania has welcomed the State Government’s decision to act allow harsher penalties for crimes against LGBTIQA+ people when they are motivated by prejudice, discrimination and hatred, but has called for more to be done to prevent such crime.

Today, Attorney-General, Guy Barnett, announced he will draft legislation implementing the Sentencing Advisory Council’s recommendation to allow judges to impose harsher penalties for crimes motivated by prejudice, discrimination and hate on a range of grounds including disability, religion, gender, sexual orientation, gender identity and sex characteristics.

Harsher penalties can already be imposed for crimes motivated by racial hatred.

Equality Tasmania spokesperson, Rodney Croome, said,

“We welcome Mr Barnett’s commitment because it shows the Government is taking hate crime against LGBTIQA+ people seriously.”

“Hate-motivated attacks against LGBTIQA+ Tasmanians are a serious and under-reported problem.”

“The proposed law reform should be complemented by further measures including Tasmania Police recognising, recording and gathering evidence when a crime is motivated by prejudice, discrimination or hate.”

“There should also be community education campaigns about the deep trauma caused by hate crime against members of minority communities.”

In 1997 the Sentencing Act was reformed to allow harsher penalties for crimes motivated by racial hatred.

In May this year the Sentencing Advisory Council recommended this be extended to cover other attributes including sexual orientation, gender identity and sex characteristics.

Sentencing Advisory Council report here: https://www.sentencingcouncil.tas.gov.au/reports