State Litigator (Consequential Amendments) Act 2024
An Act to amend the Annulled Convictions Act 2003, the Crown Proceedings Act 1993, the Ombudsman Act 1978, the Personal Information Protection Act 2004, the Right to Information Act 2009 and the Supreme Court Civil Procedure Act 1932
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 State Litigator (Consequential Amendments) Act 2024 .
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This Act is repealed on the first anniversary of the day on which it commenced.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 - Annulled Convictions Act 2003 Amended
In this Part, the Annulled Convictions Act 2003 is referred to as the Principal Act.
5. Schedule 1 amended (Non-exempt applications)
Schedule 1 to the Principal Act is amended by inserting after item 3 in Part 1 the following item:3A. The State Litigator.
PART 3 - Crown Proceedings Act 1993 Amended
In this Part, the Crown Proceedings Act 1993 is referred to as the Principal Act.
7. Section 13 amended (Service, &c.)
Section 13(4) of the Principal Act is amended as follows:(a) by omitting "Solicitor-General" first occurring and substituting "State Litigator";(b) by omitting from paragraph (b) "Solicitor-General" and substituting "State Litigator".
8. Section 14 amended (Service of subpoenas, &c., on Ministers)
Section 14(2) of the Principal Act is amended by omitting "Solicitor-General" and substituting "State Litigator".
9. Section 25 inserted
After section 24 of the Principal Act , the following section is inserted in Part 4:25. Savings and transitional provisions consequent on State Litigator (Consequential Amendments) Act 2024
(1) In this section –commencement day means the day on which the State Litigator (Consequential Amendments) Act 2024 commences.(2) If, before the commencement day –that notice, on and after the commencement day, is taken to have been given to the State Litigator under section 14(2) , as in force on and after the commencement day.(a) the Solicitor-General has been given notice under section 14(2) , as in force immediately before the commencement day, of an application for leave to issue a subpoena or other process requiring a Minister to appear, in the Minister's official capacity, to give evidence or produce documents; but(b) the Solicitor-General has not been provided with an opportunity to be heard by the court, tribunal or other authority in relation to the matter –(3) If, before the commencement day –that court, tribunal or other authority, on or after the commencement day, may continue to determine the matter and, if appropriate, issue the subpoena or other process.(a) the Solicitor-General has been given notice under section 14(2) , as in force immediately before the commencement day, of an application for leave to issue a subpoena or other process requiring a Minister to appear, in the Minister's official capacity, to give evidence or produce documents; and(b) the Solicitor-General has been provided with an opportunity to be heard by the court, tribunal or other authority in relation to the matter; and(c) that court, tribunal or other authority has not determined the matter –
PART 4 - Ombudsman Act 1978 Amended
In this Part, the Ombudsman Act 1978 is referred to as the Principal Act.
11. Section 4 amended (Application of Act)
Section 4(2) of the Principal Act is amended by inserting after paragraph (d) the following paragraph:(da) the State Litigator;
PART 5 - Personal Information Protection Act 2004 Amended
In this Part, the Personal Information Protection Act 2004 is referred to as the Principal Act.
13. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by inserting after paragraph (l) in the definition of law enforcement agency the following paragraph:(la) the State Litigator;
14. Section 7 amended (Courts and tribunals)
Section 7 of the Principal Act is amended by inserting after paragraph (f) the following paragraphs:(fa) the State Litigator;(fb) any person employed in relation to the functions of the State Litigator;
15. Section 12A amended (Disclosure of information to Solicitor-General, &c.)
Section 12A of the Principal Act is amended by inserting after paragraph (d) the following paragraphs:(da) the State Litigator;(db) any person employed in relation to the functions or duties of the State Litigator;
PART 6 - Right to Information Act 2009 Amended
In this Part, the Right to Information Act 2009 is referred to as the Principal Act.
17. Section 6 amended (Exclusions of certain persons or bodies)
Section 6(1) of the Principal Act is amended by inserting after paragraph (i) the following paragraph:(ia) the State Litigator;
PART 7 - Supreme Court Civil Procedure Act 1932 Amended
In this Part, the Supreme Court Civil Procedure Act 1932 is referred to as the Principal Act.
19. Section 194G amended (Vexatious litigants)
Section 194G(3) of the Principal Act is amended by inserting "the State Litigator," after "Prosecutions,".
[Second reading presentation speech made in:
House of Assembly on 23 MAY 2024
Legislative Council on 20 JUNE 2024]