Justice and Related Legislation (Miscellaneous Amendments) Act 2025
An Act to amend the Coroners Act 1995, the Corrections Act 1997, the Tasmanian Civil and Administrative Tribunal Act 2020 and the Workers Rehabilitation and Compensation Act 1988
[Royal Assent 20 October 2025]
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 Justice and Related Legislation (Miscellaneous Amendments) Act 2025 .
(1) Except as provided in this section, the provisions of this Act commence on the day on which this Act receives the Royal Assent.(2) Parts 2 and 5 commence on a day or days to be proclaimed.
This Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.
PART 2 - Coroners Act 1995 Amended
In this Part, the Coroners Act 1995 is referred to as the Principal Act.
5. Section 58C inserted
After section 58B of the Principal Act , the following section is inserted in Part 8:58C. Certain records to be provided to senior next of kin in certain circumstances
(1) In this section –coronial authority, in respect of a deceased person, means –(a) the Chief Magistrate; or(b) the coroner who has jurisdiction to investigate the death of the deceased person;coronial record means any of the following records in relation to an investigation of a death under this Act:(a) the following records, if held by the Magistrates Court (Coronial Division):(i) a report, in respect of the investigation or death, that is prepared by, or on behalf of, the State Forensic Pathologist or by a pathologist, or medical practitioner, approved under section 35 ;(ii) any other record or document, including any photograph, that –(a) contains evidentiary material from the investigation; or(b) is made under this Act in relation to the investigation or death; or(c) is made as part of an autopsy performed under section 36 in relation to the death;(iii) a transcript, or recording, of oral evidence given to the court in respect of the investigation;(b) a record referred to in paragraph (a) if the record is able to be provided lawfully to the Magistrates Court (Coronial Division) under this Act or any other Act.(2) The senior next of kin of a deceased person may request to be provided with a copy of one or more coronial records prepared in respect of the deceased person.(3) A request under subsection (2) –(a) is to be made in writing to a coronial authority; and(b) may relate to a specific coronial record, or all coronial records, prepared in respect of the deceased person to whom the request relates.(4) Subject to subsection (5) , if a request is made to a coronial authority under subsection (2) in respect of a coronial record, the coronial authority must provide a copy of the record to the person who made the request within 28 days after the request is made or such later period as agreed between the person and the coronial authority.(5) A coronial authority may only refuse a request under subsection (2) in respect of a coronial record if the coronial authority is satisfied, on reasonable grounds, that –(a) the coronial record is unable to be released by virtue of section 57 , or another provision of this Act or any other Act; or(b) the release of the coronial record to the senior next of kin would be –(i) an unreasonable intrusion on the privacy of a person referred to in the record, other than the deceased person to whom the request relates; and(ii) contrary to the public interest due to that intrusion on the privacy of the person; or(c) the release of the coronial record would be likely to prejudice –(i) the investigation of a breach, or possible breach, of the law; or(ii) the enforcement or proper administration of the law; or(iii) the fair trial of a person; or(d) the release of the coronial record would be contrary to national security or personal security.(6) If a coronial authority is satisfied that subsection (5) applies in respect of a coronial record, the coronial authority may redact or modify a copy of the record to the extent necessary, in the opinion of the coronial authority, to enable the record to be released under this section.(7) A coronial authority may order that a coronial record, released to a senior next of kin under this section, not be published.(8) A coronial authority may only make an order under subsection (7) if the coronial authority is satisfied, on reasonable grounds, that the publication of the coronial record is contrary to the public interest.(9) A person must not publish a coronial record contrary to an order under subsection (7) .Penalty: Fine not exceeding 50 penalty units.(10) If a senior next of kin who has made a request under this section is aggrieved by one or more of the following matters in respect of the request, the senior next of kin may appeal the matter:(a) a decision that a record is not a coronial record for the purposes of the request;(b) a failure to provide a copy of the coronial record as required under subsection (4) ;(c) a decision that subsection (5) applies in respect of a coronial record to which the request relates including, but not limited to, whether an intrusion on the privacy of a person is unreasonable;(d) the making of an order under subsection (7) in respect of a coronial record released under the request.(11) An appeal under subsection (10) is to be determined by –(a) if the appeal relates to a request, under this section, determined by the Chief Magistrate as a coronial authority – the Supreme Court; and(b) in any other case – the Chief Magistrate.(12) A person aggrieved by a decision of the Chief Magistrate in respect of an appeal under subsection (11)(b) may appeal the decision to the Supreme Court.(13) On the hearing of an appeal under subsection (10) or (12) , the person determining the appeal may do one or more of the following:(a) affirm, or quash, the decision specified in subsection (10) to which the appeal relates;(b) affirm, amend, revoke or substitute the order under subsection (7) to which the appeal relates;(c) make any further orders as the person thinks fit in the circumstances.
PART 3 - Corrections Act 1997 Amended
In this Part, the Corrections Act 1997 is referred to as the Principal Act.
7. Section 68 amended (Statutory non-parole period)
Section 68(2)(b) of the Principal Act is amended by omitting "an order under section 19 of the Sentencing Act 1997 " and substituting "a declaration under section 7 of the Dangerous Criminals and High Risk Offenders Act 2021 ".
8. Section 69 amended (Prisoner not to be released on parole in certain circumstances)
Section 69(2) of the Principal Act is amended by omitting " section 19 of the Sentencing Act 1997 " and substituting " section 7 of the Dangerous Criminals and High Risk Offenders Act 2021 ".
PART 4 - Tasmanian Civil and Administrative Tribunal Act 2020 Amended
In this Part, the Tasmanian Civil and Administrative Tribunal Act 2020 is referred to as the Principal Act.
10. Section 98 amended (Representation)
Section 98(3) of the Principal Act is amended as follows:(a) by omitting from paragraph (b) "Act; or" and substituting "Act.";(b) by omitting paragraph (c) .
PART 5 - Workers Rehabilitation and Compensation Act 1988 Amended
In this Part, the Workers Rehabilitation and Compensation Act 1988 is referred to as the Principal Act.
12. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:(a) by omitting the definition of accredited person and substituting the following definition:accredited person means –(a) in relation to the issuing of a certificate under this Act –(i) a nurse practitioner acting in accordance with section 77I ; and(ii) a person accredited under section 77C ; and(b) in any other case, a person accredited under section 77C ;(b) by inserting the following definition after the definition of notified dispute :nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the nursing profession who is endorsed by the Nursing and Midwifery Board of Australia to practise as a nurse practitioner;
13. Section 77I inserted
After section 77H of the Principal Act , the following section is inserted in Division 2A:77I. Nurse practitioner taken to be accredited in certain circumstances
(1) A nurse practitioner is taken to be an accredited person for the purpose of issuing a certificate under this Act if the nurse practitioner –(a) is employed, or engaged, as a nurse practitioner –(i) in an emergency department of a public hospital, or private hospital, within the meaning of the Health Service Establishments Act 2006; or(ii) in prescribed circumstances or for a prescribed purpose; and(b) in issuing the certificate, is acting in accordance with that employment or engagement and within the scope of practice that applies to the nurse practitioner in that employment or engagement; and(c) issues the certificate in accordance with the protocol in force, under subsection (3) , at the time when the certificate is to be issued.(2) The Secretary of the responsible Department in relation to the Health Service Establishments Act 2006 is to prepare a protocol that specifies the circumstances in which, or the conditions under which, a nurse practitioner may issue a certificate under this Act.(3) A protocol prepared under subsection (2) –(a) must be approved by both of the following, before the protocol is in force:(i) the Secretary of the responsible Department in relation to the Health Service Establishments Act 2006;(ii) the Board; and(b) comes into force 7 days after it has the approvals required under paragraph (a) or on such later day as is specified in the protocol; and(c) is to be published on the website maintained by, or on behalf of, the Department responsible for the Health Service Establishments Act 2006 while the protocol is in force.
[Second reading presentation speech made in:
House of Assembly on 11 SEPTEMBER 2025
Legislative Council on 24 SEPTEMBER 2025]