The TLRI is pleased to launch its 8th Research Paper. This research paper examines the operation of the Commissions of Inquiry Act 1995 (Tas) and section 194K of the Evidence Act 2001 (Tas), focusing on the need for any extension of the powers of a Commission of Inquiry. It considers statutory limitations identified by the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings and assesses the appropriateness of sections 18 and 19 of the Commissions of Inquiry Act 1995 (Tas) and section 194K of the Evidence Act 2001 (Tas) based on the Commission’s practical experience.
In its report, the Institute has made 14 recommendations for reform including those relating to:
Notifications concerning adverse findings against individuals
Under the Act, if a commission intends to make adverse findings and findings of misconduct about a person, the commission must give that person an opportunity to know about and respond to those findings.
The TLRI made recommendations to make that process more flexible for future commissions of inquiry to implement (Recommendations 1 and 2).
Processes for naming witnesses under s 194K of the Evidence Act 2001
The TLRI recommended that witnesses be removed from s 194K of the Evidence Act 2001 (as it was intended as a protection to complainants and not witnesses). The TLRI also suggested that consideration be given to creating a separate power for a court to decide to make a non-publication order for a witness if that was appropriate to avoid undue distress or embarrassment (See Recommendations 9 – 12).
Other recommendations
The TLRI also made recommendations in relation to the application of client legal privilege and other privileges to Commissions of Inquiry (Recommendations 3 – 6), closed hearings and restrictions on reporting (Recommendations 7 and 8).
Funding for this project was provided by the Department of Justice. Click here to view report.
For enquiries, please contact the TLRI on (03) 6226 2069, or email Law.Reform@utas.edu.au