Review of Commissions of Inquiry Act 1995 and s194K of the Evidence Act 2001

1. Background

The Attorney-General, the Hon Guy Barnett, requested that the Tasmania Law Reform Institute (TLRI) examine and report on the operation of the Commissions of Inquiry Act 1995 (Tas) and the Evidence Act 2001 (Tas) s 194K. This reference was made in light of opportunities for reform identified by the Commission of Inquiry into the Tasmanian Government’s Responses to Child Abuse in Institutional Settings in its Final Report. In the Final Report, the Commission reflected on the operation of the Commissions of Inquiry Act 1995 (and other Tasmanian legislation) and made comment on reforms that may assist future inquiries and the Tasmanian population.

The Board of the TLRI accepted the reference.

2. Terms of Reference

To examine and report on the operation of the Commissions of Inquiry Act 1995, and section 194K of the Evidence Act 2001 (Tas) to:

1. examine the need for any extension of the powers of a Commission of Inquiry
2. examine any statutory limitations identified by the Commission of Inquiry into the Tasmanian Government's Responses to Child Sexual Abuse in Institutional Settings in its final report
3. specifically examine the appropriateness of sections 18 and 19 of the Commissions of Inquiry Act 1995 and section 194K of the Evidence Act 2001 (Tas) in the context of the practical experience of the Commission of Inquiry into the Tasmanian Government's Responses to Child Sexual Abuse in Institutional Settings, and
4. make recommendations for any necessary legislative change.