Validation Act 2023
An Act to amend the Coroners Act 1995 and the Legal Profession Act 2007
[Royal Assent 23 June 2023]
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Validation Act 2023 .
This Act commences on the day on which this Act receives the Royal Assent.
This Act is repealed on the first anniversary of the day on which it commenced.
PART 2 - Coroners Act 1995 Amended
In this Part, the Coroners Act 1995 is referred to as the Principal Act.
5. Section 18A inserted
After section 18 of the Principal Act , the following section is inserted in Part 3:18A. Validation of certain appointments
(1) In this section –appointed under State Service legislation, in respect of an office or position, includes –(a) an appointment to the office, or position, under the State Service Act 2000 or the Tasmanian State Service Act 1984; and(b) acting under a direction under section 21A of the Acts Interpretation Act 1931 in respect of the office or position.(2) For the purposes of this Act, the Minister is taken to have validly appointed a person to the position of the State Forensic Pathologist under this Act if –(a) on or after the commencement of this Act, but before the commencement of the Validation Act 2023, the person was appointed under State Service legislation to one of the following offices or positions within the State Service:(i) Director of Statewide Forensic Medical Health Services;(ii) Director – Statewide Forensic Medical Services;(iii) Director of Forensic Pathology Services;(iv) Statewide Director of Forensic Pathology Services;(v) Director of Forensic Pathology for Tasmania;(vi) Statewide Director of Forensic Pathology;(vii) Director Forensic Pathology; and(b) while so appointed to that office or position –(i) the person believed, on reasonable grounds, that he or she had also been appointed as the State Forensic Pathologist under this Act; and(ii) he or she purportedly performed the functions, and purportedly exercised the powers, of the State Forensic Pathologist.(3) Subsection (2) only applies in respect of a person while the person was appointed under State Service legislation to the relevant office or position for that person specified in subsection (2)(a) .(4) A function of the State Forensic Pathologist purportedly performed, or a power of the State Forensic Pathologist purportedly exercised, by a person is taken to have been validly performed or exercised if –(a) the function was performed, or the power was exercised, while the person was taken to have been appointed to the position of State Forensic Pathologist by virtue of this section; and(b) the function was performed, or the power was exercised, by that person in good faith.(5) For the avoidance of doubt, a person approved under section 35 to undertake coronial autopsies is taken to have been validly approved under that section if the person was approved by a person taken to have been appointed to the position of State Forensic Pathologist by virtue of this section.
PART 3 - Legal Profession Act 2007 Amended
In this Part, the Legal Profession Act 2007 is referred to as the Principal Act.
7. Section 660B inserted
After section 660A of the Principal Act , the following section is inserted in Part 8.2:(1) In this section –member means member of the Law Society;relevant Council, in respect of a decision or action taken under the 2012 By-laws during the relevant period, means the Council as constituted under the 2012 By-laws at the time at which the decision or action was taken;relevant period means the period commencing on 1 December 2012 and ending on 31 January 2023;2012 By-laws means the Law Society By-laws 2010, made at a meeting of the Council of the Law Society of Tasmania on 20 October 2012 and known as Statutory Rule 114 of 2012.(2) The 2012 By-laws are taken to have been validly made, and in force, under this Act for the duration of the relevant period.(3) Each of the following actions taken, or purportedly taken, during the relevant period is not invalid solely on the basis that the action was taken during the relevant period:(a) a decision made, or other action taken, by the relevant Council under the 2012 By-laws;(b) a decision made, or other action taken, under the 2012 By-laws by the executive committee, of the relevant Council, elected in accordance with the 2012 By-laws;(c) a decision made, or other action taken, in accordance with the 2012 By-laws that relates to the assets and finances of the Law Society;(d) a decision made, or other action taken, under the 2012 By-laws by a regional committee established in accordance with the 2012 By-laws;(e) a decision made, or other action taken, by the executive director of the Law Society in accordance with the 2012 By-laws;(f) an election held under the 2012 By-laws;(g) the filling of a casual vacancy, in the membership of the relevant Council, in accordance with the 2012 By-laws;(h) a meeting, including a general meeting, held in accordance with the 2012 By-laws;(i) a decision or resolution made at a meeting referred to in paragraph (h) ;(j) a resolution to expel a member, or a decision not to expel a member, that was made under the 2012 By-laws;(k) the suspension of a person's membership, or of a right, privilege or benefit of membership, that was made under the 2012 By-laws;(l) the approval of, or refusal to approve, an application made under the 2012 By-laws;(m) the payment of a fee required to be paid under the 2012 By-laws;(n) the affixing of the common seal of the Law Society in accordance with the 2012 By-laws.(4) For the avoidance of doubt, subsection (3) applies to each occurrence of an action specified in that subsection that occurred during the relevant period.
[Second reading presentation speech made in:
House of Assembly on 9 MAY 2023
Legislative Council on 31 MAY 2023]