Attorney-General – Legislative Resources and Consultation

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Dr Rosalie Woodruff MP
December 6, 2023

Dr WOODRUFF - There's a lot of legislative reforms that are slated for completion before 1 July next year, many of them in the Department of Justice. Are there additional resources being allocated to DoJ, and in particular to OPC, to achieve those deadlines? Can you outline some details on that for the committee, please?

Mr BARNETT - Yes, I can, and thank you very much for the question. The first thing to say is it is a priority of our Government to implement the 191 recommendations. As you know we have 54 legislative initiatives that we are now progressing. It's a very huge, significant body of work over many years of course, including next year with the independent monitor legislation, and the Commission for Children and Young People establishment legislation in the first quarter also and to have that up and progressing, all being well, by 1 July. We are very much shoulder to the wheel.

In terms of the budget, I will pass to the secretary to respond to that question.

Ms WEBSTER - There are 13 legislative reforms before 1 July 2024, as I understand it, and Ms Bourne is leading that program of work. There has been $1 million allocated to the Department of Justice for that process. We've already had discussions with OPC regarding additional resourcing required because we recognise there will need to be resource for OPC as well as for the department. We're taking a somewhat different approach in terms of the department because we actually have the lion's share of most legislation that goes through the parliament. We will do the work in briefing OPC, developing the minutes and drafting instructions based on advice from the particular agencies.

Of course, if it's Department of Justice there will be no issues there, but if it's for, say, Education, Children and Young People or Health, we will get policy work undertaken by that agency and that will be provided through to Ms Bourne's area. We have a dedicated team that will be working on just commission of inquiry legislative reform and we have recruitment under way for that now.

Dr WOODRUFF - Thank you. There's a lot of legislation to balance and obviously much of this legislation is critically important to numbers of stakeholders in Tasmania because it is about setting us up to have a child-safe future. I know that there will be a lot of people who want to engage in this process. If you think you're busy, imagine someone in an NGO or just a person in the community who is following this very closely. Most of them don't get paid to do this work. When will you be providing the consultation time line and the processes for engagement? I would suggest what they're looking for is that there will be XYZ pieces of legislation and on this day we'll open it up. People need to manage themselves. They can't be snowed by trying to follow this on a website. It's too important. Are you planning on doing that work?

Mr BARNETT - That's a really good question. Community engagement, feedback and consultation is really important to the Government and certainly the department will be doing that. I just wanted to indicate that we've already been doing that, particularly in a range of legislative initiatives. In recent times, the state's child and youth safe organisation framework, which is going to commence on 1 January 2024, has already passed and is being implemented, and the reportable conduct scheme likewise.

I will pass to the deputy secretary to answer that question with regard to that engagement and how that works, but we are looking forward to that.

Ms BOURNE - It is a relevant point given the volume of work. A steering committee is overseeing the legislative reform process particularly related to commission of inquiry recommendations, and it met for the first time last week. It includes membership of all impacted agencies including the Department of Justice, Department of Premier and Cabinet, DECYP (Department for Education, Children and Young People) and the Department of Health.

Dr WOODRUFF - So it is all government departments. It is not a community sector?

Ms BOURNE - No, that is right. This is the agency-led steering committee to make sure that there is oversight of this large legislative program. As the Attorney-General and the secretary have said, this is significant reform to the way that we ordinarily progress legislation with the Department of Justice taking the lead for the drafting instructions and taking the bill through the parliamentary process. The consultation process is key to all of that.

Work started on the schedule so we are clear about what needs to happen in the first half of 2024. That steering committee has started looking at the best way to engage existing lived experience consultation networks, noting the volume of reform and not wanting to overload or duplicate effort in going out to relevant stakeholders, particularly victims/survivors, to have input into those legislative processes. Work is well under way to establish the schedule so we can try to manage that as best as possible.

Dr WOODRUFF - One of the points I would make is that people with lived experience are very important. However, they are not necessarily experts in legislation. It is their advocates such as the Women's Legal Service, Community Legal Centres, the sexual violence sector services, Laurel House, SASS, all of those bodies, are the ones that need to have this in advance. They need a time line so they know when they have to dedicate staff and I imagine they would also like to be part of a formal advisory committee. There are 13 pieces of legislation. The expectation from the sector is to have as much engaged conversation in your development of this legislation up-front to make it faster and to help the process. Will you consider convening a sector-wide body?

Mr BARNETT - Thank you for the question and the sensible approach that is underlying your question of engagement, consultation and getting that feedback. Today, I met with Women's Tasmania and the Legal Aid Commission on different matters -

Dr WOODRUFF - Do you mean the Women's Legal Service?

Mr BARNETT - Women's Legal Service. Yes,

Dr WOODRUFF - You said Women's Tasmania.

Mr BARNETT - My apologies for that. Yes, the Women's Legal Service, and the Legal Aid Commission on related matters. We are planning regular meetings. As a heads up, I am looking forward to that and engaging with them and with many others, not only in the legal space but in the justice space. It is an important point. The deputy secretary would like to add to that.

Ms BOURNE - It is something that we really need to continue to think through. You raise a good point regarding making sure that the way we disseminate information about proposed reform is done in a way that it reaches the most people and enlivens the most feedback. We talked about using three existing consultation networks: Children and Young People's Consultation Network; the Tasmanian Aboriginal Consultation Network and the Lived Experience Network

We are still discussing the best way to enliven that work so as to make sure that there is no duplication of effort. The point about round making sure we make the best use of advocates is one that we will certainly explore further.

Dr WOODRUFF - Thank you. Finally, in your response, you did not have consultation proposed for the amendments to the Evidence (Children and Special Witnesses) Act and the Civil Liabilities Act in relation to limitations on apologies. I assume that you didn't write it in there that you were going to do public consultation. I assume that you will be doing all of those ones?

Mr BARNETT - That's on our list of action and certainly -

Dr WOODRUFF - It's action but not public consultation.

Mr BARNETT - Oh, there will be. I can assure you there will be public consultation with respect to each of those legislative initiatives, be assured. Do you want to add to that?

Ms BOURNE - No, thank you, Attorney-General, that's right.

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