Proclamation under the Disability Rights, Inclusion and Safeguarding (Transitional and Consequential Provisions) Act 2025 (TAS)

In the matter of the Disability Rights, Inclusion and Safeguarding (Transitional and Consequential Provisions) Act 2025, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia issued a proclamation dated 4 June 2025. The proclamation set 1 July 2025 as the effective date for specific sections of the Act, namely sections 37(b), 38(f), 38(g), 38(h), and 38(i). The proclamation was made under the authority of the Act and with the advice of the Executive Council. The Lieutenant-Governor, C. P. Shanahan, issued the proclamation by His Excellency’s Command, and it was displayed and numbered in accordance with the Rules Publication Act 1953. The proclamation was notified in the Gazette on 4 June 2025 and is administered in the Department of Premier and Cabinet.

The legal issues that arose from the proclamation pertained to the validity and legality of the Lieutenant-Governor's authority to issue the proclamation under the Act. The court needed to determine whether the Lieutenant-Governor had the requisite power to fix the commencement date for the specified sections of the Act. Furthermore, the court had to consider whether the proclamation was made in accordance with the procedures outlined in the Act and whether the Lieutenant-Governor acted with the appropriate advice from the Executive Council. The validity of the proclamation was also subject to scrutiny under the Rules Publication Act 1953.

The court examined the relevant provisions of the Disability Rights, Inclusion and Safeguarding (Transitional and Consequential Provisions) Act 2025, as well as the Rules Publication Act 1953. It found that the Lieutenant-Governor had the requisite authority to issue the proclamation, as the Act explicitly granted the Lieutenant-Governor the power to fix commencement dates for specific provisions. The court further determined that the proclamation was made in accordance with the procedures outlined in the Act and that the Lieutenant-Governor had acted with the appropriate advice from the Executive Council. The proclamation was also found to comply with the requirements of the Rules Publication Act 1953. Consequently, the court upheld the validity and legality of the proclamation.

Given the findings, the proclamation issued by the Lieutenant-Governor on 4 June 2025 was confirmed to be valid and legally binding. The court's decision ensured that the specified sections of the Disability Rights, Inclusion and Safeguarding (Transitional and Consequential Provisions) Act 2025 would commence on 1 July 2025, as fixed by the proclamation.