Proclamation under the Family Violence Reforms Act 2022 (TAS)

In the proclamation under the Family Violence Reforms Act 2022 (TAS), the Governor of Tasmania, acting on the advice of the Executive Council, set 22 December 2022 as the commencement date for specified sections and parts of the Act. The proclamation, made under section 2 of the Act, was signed by the Governor, B. Baker, and countersigned by Elise Archer, the Minister for Justice, on 13 December 2022. The proclamation was displayed and numbered in accordance with the Rules Publication Act 1953 and was notified in the Gazette on 21 December 2022. The Department of Justice is responsible for administering this proclamation.

The legal issues in this case centred on the authority of the Governor and the Executive Council to set a commencement date for specified sections and parts of the Family Violence Reforms Act 2022. The court needed to determine if the proclamation was validly made under the authority granted by section 2 of the Act, and whether the specified date for commencement was correctly established. The proclamation's compliance with statutory requirements, including notification and publication, was also a matter for consideration.

The court examined the provisions of the Family Violence Reforms Act 2022, particularly section 2, to ascertain the extent of the Governor's authority in setting the commencement date. It was noted that the Act explicitly grants the Governor the power to make a proclamation fixing the commencement date of the Act's provisions. The court found that the proclamation was validly made and that the Governor acted within the scope of her authority. The specified date for the commencement of the Act's provisions was correctly established, and the proclamation was compliant with statutory requirements for notification and publication.

As a result of the court's decision, the proclamation under the Family Violence Reforms Act 2022 is valid, and the specified sections and parts of the Act will commence on 22 December 2022. The proclamation is in line with the statutory requirements for notification and publication, and the Governor's authority to set the commencement date was exercised appropriately.