Prisoners (Removal of Civil Disabilities) Act 1991 (TAS)

Prisoners (Removal of Civil Disabilities) Act 1991

An Act to remove certain civil disabilities of prisoners

[Royal Assent 30 May 1991]

Be it enacted by His 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:

1Short titleThis Act may be cited as the Prisoners (Removal of Civil Disabilities) Act 1991 . 2CommencementThis Act commences on the day on which it receives the Royal Assent. 3InterpretationIn this Act, unless the contrary intention appears – Court means the Supreme Court and includes a judge sitting in chambers; long term prisoner means a person who has been sentenced to a term of imprisonment exceeding 2 years and who, as a result of being so sentenced, is in prison; prisoner means a person who has been sentenced to a term of imprisonment and who, as a result of being so sentenced, is in prison. 4Prisoners may sue and be sued and enter into contracts (1)  Subject to subsection (2) , a prisoner may – (a) sue and be sued; and (b) enter into contracts. (2) A long term prisoner may not sue except by leave of the court before which it is intended to bring the proceedings. (3) A court shall not give leave for the purpose of subsection (2) unless it is satisfied that – (a) the proceedings are not an abuse of process; and (b) there is a prima facie ground for the proceedings. 5Administrator of prisoner's property (1) An application may be made to the Court for the appointment of an administrator of the property of a long term prisoner by – (a) the prisoner; or (b) a relative of the prisoner; or (c) a person with an interest in the care and management of the prisoner’s property. (2) The Court shall, after considering the merits of an application made to it in accordance with subsection (1) , either – (a) refuse the appointment of an administrator; or (b) appoint a person to be the administrator of the prisoner’s property on such terms and conditions as it considers to be the most appropriate in the circumstances. 6SavingNotwithstanding the amendments made to the Limitation Act 1974 by this Act, the provisions of the Limitation Act 1974 in force immediately before the commencement of this Act shall continue to apply to and in respect of causes of action arising before the commencement of this Act as if this Act had not been passed. 7Schedule 1Amendment of Acts

Section 7 The amendments effected by this Schedule have been incorporated into the authorised version of the following Acts:

(a) Criminal Code Act 1924 ; (b) Limitation Act 1974 .