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


SENTENCING AMENDMENT (ASSAULTS ON FRONTLINE WORKERS) BILL 2016 BILL 63 OF 2016

                                  TASMANIA

                                   __________


               SENTENCING AMENDMENT (ASSAULTS ON
                  FRONTLINE WORKERS) BILL 2016
                                   __________

                                  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 63]-XI

 


 

2

 


 

SENTENCING AMENDMENT (ASSAULTS ON FRONTLINE WORKERS) BILL 2016 (Brought in by the Minister for Health, the Honourable Michael Darrel Joseph Ferguson) 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 (Assaults on Frontline Workers) Act 2016. 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 63] 3

 


 

Sentencing Amendment (Assaults on Frontline Workers) Act 2016 Act No. of 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 (Assaults on Frontline Workers) Act 2016 Act No. of 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 administers or provides all or part of a community corrections program referred to in section 88 of that Act; and (d) a person who is a State Service officer, or a State Service employee, 5

 


 

Sentencing Amendment (Assaults on Frontline Workers) Act 2016 Act No. of s. 4 and who, pursuant to section 66 of that Act, is made available to, and serves, the Parole Board established under section 62 of that Act; and (e) any other person who is appointed or employed for the purposes of that Act; frontline worker means - (a) a correctional services officer; and (b) an ambulance officer; and (c) a police officer; and (d) a medical or social services officer; medical or social services officer means - (a) an enrolled nurse; and 6

 


 

Sentencing Amendment (Assaults on Frontline Workers) Act 2016 Act No. of 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 child safety officer. (b) by omitting from subsection (1)(a) "police officer" twice occurring and substituting "frontline worker"; (c) by omitting from subsection (1)(b) "police officer" and substituting "frontline worker"; (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 7

 


 

Sentencing Amendment (Assaults on Frontline Workers) Act 2016 Act No. of s. 4 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 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 8

 


 

Sentencing Amendment (Assaults on Frontline Workers) Act 2016 Act No. of s. 5 (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. 5. Repeal of Act This Act is repealed on the three hundred and sixty fifth day from the day on which it commences. Government Printer, Tasmania 9

 


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