Proclamation under the Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019 (TAS)

This case involves a proclamation made under the Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019 (TAS), which was signed by the Governor of Tasmania. The proclamation fixes 1 May 2020 as the commencement date of the Act. The proclamation was made following the advice of the Executive Council and was subsequently displayed and numbered in accordance with the Rules Publication Act 1953. It was also notified in the Gazette on 29 April 2020, and is administered by the Department of Justice.

The central legal issue in this case was whether the proclamation made under the Act was valid and whether the commencement date of the Act was appropriately fixed. The court had to consider whether the proclamation was made in accordance with the requirements of the Act and whether the Governor had the authority to make such a proclamation.

The court found that the proclamation was valid and that the Governor had the authority to make it. The court noted that the Act provided for the Governor to make a proclamation fixing the commencement date of the Act, and that the proclamation was made in accordance with the requirements of the Act. The court also noted that the Executive Council had advised the Governor to make the proclamation, which further supported its validity. Therefore, the court concluded that the proclamation was valid and that the commencement date of the Act was appropriately fixed.

As a result of the court's decision, the Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019 (TAS) came into effect on 1 May 2020. This Act imposes liability on organisations for child abuse committed by their employees or agents, and provides a mechanism for victims to seek compensation. The Act also establishes a review process for organisations to challenge liability decisions.