Tasmanian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


SENTENCING AMENDMENT (ASSAULT OF CERTAIN FRONTLINE WORKERS) BILL 2019 BILL 18 OF 2019

                                   TASMANIA

                                    __________


                SENTENCING AMENDMENT (ASSAULT OF
               CERTAIN FRONTLINE WORKERS) BILL 2019
                                    __________

                                   CONTENTS
          1.      Short title
          2.      Commencement
          3.      Principal Act
          4.      Section 16A amended (Mandatory imprisonment for offence
                  causing serious bodily harm to certain frontline workers)
          5.      Repeal of Act




[Bill 18]-XI

 


 

2

 


 

SENTENCING AMENDMENT (ASSAULT OF CERTAIN FRONTLINE WORKERS) BILL 2019 (Brought in by the Minister for Justice, the Honourable Elise Nicole Archer) A BILL FOR An Act to amend the Sentencing Act 1997 Be it enacted by Her 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: 1. Short title This Act may be cited as the Sentencing Amendment (Assault of Certain Frontline Workers) Act 2019. 2. Commencement This Act commences on the day on which this Act receives the Royal Assent. 3. Principal Act In this Act, the Sentencing Act 1997* is referred to as the Principal Act. _______________________________________________________________ *No. 59 of 1997 [Bill 18] 3

 


 

Sentencing Amendment (Assault of Certain Frontline Workers) Act 2019 Act No. of 2019 s. 4 4. Section 16A amended (Mandatory imprisonment for offence causing serious bodily harm to certain frontline workers) Section 16A of the Principal Act is amended as follows: (a) by inserting the following subsection before subsection (1): (1AA) In this section - ambulance officer means - (a) an officer of the Ambulance Service, within the meaning of the Ambulance Service Act 1982; and (b) an authorised officer, within the meaning of that Act; and (c) a volunteer ambulance officer, within the meaning of that Act; child safety officer means a person who is a State Service officer, or a State 4

 


 

Sentencing Amendment (Assault of Certain Frontline Workers) Act 2019 Act No. of 2019 s. 4 Service employee, employed or appointed to provide services, related to the protection of children, under the Children, Young Persons and Their Families Act 1997; correctional services officer means - (a) a correctional officer, within the meaning of the Corrections Act 1997; and (b) a probation officer, within the meaning of that Act; and (c) a person who is a State Service officer, or a State Service employee, and who administers or provides all or part of a program that is - (i) a community 5

 


 

Sentencing Amendment (Assault of Certain Frontline Workers) Act 2019 Act No. of 2019 s. 4 corrections program referred to in section 88 of that Act; or (ii) provided for the purposes of this Act to persons who are subject to community correction orders; and (d) a person who is a State Service officer, or a State Service employee, and whose duties include - (i) monitoring persons who are subject to home detention orders; or (ii) having regular contact with persons who 6

 


 

Sentencing Amendment (Assault of Certain Frontline Workers) Act 2019 Act No. of 2019 s. 4 are subject to home detention orders; or (iii) supervising persons who have the duties referred to in subparagraph (i) or (ii); and (e) a person who is a State Service officer, or a State Service employee, and who, pursuant to section 66 of the Corrections Act 1997, is made available to, and serves, the Parole Board established under section 62 of that Act; and (f) any other person who is appointed or employed for the purposes of the Corrections Act 1997; frontline worker means - 7

 


 

Sentencing Amendment (Assault of Certain Frontline Workers) Act 2019 Act No. of 2019 s. 4 (a) a correctional services officer; and (b) an ambulance officer; and (c) a police officer; and (d) a medical or social services officer; hospital means - (a) a private hospital within the meaning of the Health Service Establishments Act 2006; and (b) a State-funded hospital; hospital attendant means a person employed or engaged by a hospital as an attendant; medical or social services officer means - (a) an enrolled nurse; and 8

 


 

Sentencing Amendment (Assault of Certain Frontline Workers) Act 2019 Act No. of 2019 s. 4 (b) a registered nurse; and (c) a person who is registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession; and (d) a medical orderly or hospital attendant; and (e) a child safety officer; medical orderly means a person employed or engaged by a hospital as a medical orderly. (b) by omitting from subsection (1)(a) "police officer while the police officer" and substituting "frontline worker while the frontline worker"; (c) by omitting from subsection (1)(b) "police officer" and substituting "frontline worker"; 9

 


 

Sentencing Amendment (Assault of Certain Frontline Workers) Act 2019 Act No. of 2019 s. 4 (d) by omitting from subsection (2) "police officer" twice occurring and substituting "frontline worker"; (e) by inserting the following subsections after subsection (9): (10) For the purposes of this section, a frontline worker - (a) who is a volunteer ambulance officer is taken to be on duty when he or she is performing, attempting to perform, or supporting the performance of, a function relating to the provision of ambulance services, within the meaning of the Ambulance Service Act 1982, pursuant to a direction of the Commissioner of Ambulance Services, within the meaning of that Act; or (b) who is an ambulance officer by virtue of paragraph (a) or (b) of the definition of ambulance officer in subsection (1AA) is taken 10

 


 

Sentencing Amendment (Assault of Certain Frontline Workers) Act 2019 Act No. of 2019 s. 4 to be on duty when he or she is performing, attempting to perform, or supporting the performance of, a function relating to the provision of ambulance services, within the meaning of the Ambulance Service Act 1982; or (c) who is a medical or social services officer is taken to be on duty when he or she is acting, or at a place, in the course of his or her appointment or employment as such an officer; or (d) who is a correctional services officer is taken to be on duty when he or she is acting, or at a place, in the course of his or her appointment or employment as such an officer. (11) Nothing in subsection (10) is to be taken to limit the circumstances in which a frontline worker is on duty for the purposes of this section. 11

 


 

Sentencing Amendment (Assault of Certain Frontline Workers) Act 2019 Act No. of 2019 s. 5 5. Repeal of Act This Act is repealed on the first anniversary of the day on which it commenced.

 


[Index] [Search] [Download] [Help]