Annulled Convictions Order 2009 (TAS)

The Annulled Convictions Order 2009 was issued under the authority of the Governor of Tasmania, acting on the advice of the Executive Council. This order pertains to the annulment of certain criminal convictions in Tasmania, in accordance with the Annulled Convictions Act 2003. The order specifically amends Schedule 1 of the Principal Act to include various child-related employment and work definitions from other states and territories of Australia.

The legal issues addressed in this order involve the interpretation and application of the Annulled Convictions Act 2003. The court had to determine whether the specified child-related employment and work definitions from other states and territories should be included in the list of offences eligible for annulment under the Principal Act. This required careful consideration of the language and intent of the relevant statutes from each jurisdiction to ensure consistency and fairness in the application of the Annulled Convictions Act.

The court found that the inclusion of these definitions was consistent with the objectives of the Annulled Convictions Act, which is to provide relief to individuals who have been convicted of certain offences but have since demonstrated rehabilitation and are now seeking to have their convictions annulled. The order was made to amend Schedule 1 of the Principal Act to incorporate these additional definitions, thereby expanding the scope of offences eligible for annulment. The reasoning behind this decision was to align the Tasmanian legislation with the broader Australian framework for managing convictions related to child-safe employment and work.

As a result of this order, the Annulled Convictions Act 2003 was amended to include specific child-related employment and work definitions from New South Wales, Victoria, Queensland, Western Australia, South Australia, and the Northern Territory. This amendment ensures that individuals convicted of offences in these categories, who have since demonstrated rehabilitation, can apply for the annulment of their convictions under the Principal Act.