Question – Expungement of Historical Offences Act 2017

Questions asked by the Hon Meg Webb MLC on 24 June 2020  and answered by the Attorney General, the Hon Elise Archer MP, on 25 August 2020      

With reference to the Expungement of Historical Offences Act 2017 (‘the Act’) and, in particular, Section 32 under which the Minister for Justice is to cause an independent review of the operation of the Act to be completed within six months after the second anniversary of its commencement:

QUESTION (1)     What progress has the Minister made towards the review of the operation of the Act noting that it is required to be completed by October 2020?

QUESTION (2)     Have the persons who will carry out the review been appointed, noting that Section 32(1) of the Act requires that a majority of these persons must not be employees of the State or of any agency of the State?

QUESTION (3)     Will the persons carrying out the review include persons with legal expertise and, in particular, expertise in the laws and practices that have affected the LGBTI community in Tasmania?

QUESTION (4)     Will the persons carrying out the review include persons who are members of the Tasmanian LGBTI community with experience engaging with and representing the views of that community?

QUESTION (5)     Will the terms of reference for the review include:

(a)     feedback from all applicants for expungement and from those who are eligible but have not yet applied;

(b)     comparative analysis with other jurisdictions; and

(c)     consideration of possible additional ‘restorative justice’ initiatives, in addition to the expungement of criminal records, that could further address the harmful legacy of the historic laws covered by the Act?

QUESTION (6)     In light of the COVID-19 pandemic, does the Government intend to seek an extension to the deadline for the completion of the review to ensure a comprehensive review process can take place?

ANSWER:

The Tasmanian Government introduced the scheme as an important step forward in addressing previous laws that were unfair and unjust for many people in the community who endured disadvantage, discrimination and stigma.

As has been stated, section 32 of the Expungement of Historical Offences Act 2017 requires an independent review of the operation of the Act to be completed within 6 months after the second anniversary of the Act’s commencement.

Former Magistrate Melanie Bartlett has been appointed to lead an independent review of the operation of the Expungement of Historical Offences Act 2017.

Ms Bartlett was a full-time Magistrate based in the North-West from 2009 to 2015 and had previously served as a temporary Magistrate from 2005.

Ms Bartlett has also served as a member of the Mental Health Tribunal, the Guardianship and Administration Board, the Anti-Discrimination Tribunal and the Legal Aid Commission, as well as serving as President and Vice-President of the Law Society of Tasmania.

The Act, which commenced on 9 April 2018, provides a scheme enabling the expungement of charges and convictions for historical homosexual and cross­ dressing offences.

The review will report on the implementation of the Act and assess whether it is operating effectively and as intended.

It will include public and targeted consultation, and a call for submissions from stakeholder representative groups.

Women’s Legal Service Solicitor Taya Ketelaar-Jones will be assisting Ms Bartlett with the review.

At this stage, the Government’s intention is for the review to be completed within the required timeframes set out in the Act.