Proclamation under the Disability Rights, Inclusion and Safeguarding Act 2024 (TAS)

The proclamation under the Disability Rights, Inclusion and Safeguarding Act 2024 (TAS) was issued by the Lieutenant-Governor of Tasmania, acting on advice from the Executive Council. The proclamation sets the commencement date for the Act at 1 July 2025. This Act was enacted to protect and promote the rights of individuals with disabilities within Tasmania, ensuring their inclusion in society and safeguarding their welfare. The Lieutenant-Governor, C. P. Shanahan, issued the proclamation on 26 May 2025, and it was subsequently displayed and numbered according to the Rules Publication Act 1953. The proclamation was notified in the Gazette on 4 June 2025, and it is administered by the Department of Premier and Cabinet.

The legal issues arising from this proclamation pertain to the validity of the Lieutenant-Governor's authority to set the commencement date for the Act and the procedural correctness of the proclamation process. It was essential to determine whether the Lieutenant-Governor acted within the bounds of the Act and whether the proclamation followed the requisite legislative procedures. Additionally, the court had to consider the implications of the Act's commencement date on the obligations of the Tasmanian government and relevant authorities to implement the provisions of the Act.

The court reviewed the statutory provisions of the Disability Rights, Inclusion and Safeguarding Act 2024 (TAS) and the relevant rules and procedures governing the issuance of proclamations. It found that the Lieutenant-Governor had the authority to fix the commencement date as per the Act. The court also examined the procedural correctness of the proclamation, including the timing and manner of its notification in the Gazette. It concluded that all procedural requirements were met, and the proclamation was valid. The court upheld the proclamation, confirming that the Act would commence as set out on 1 July 2025.