Proposed anti-consorting law goes too far: ALA submits alternative form of legislation
19th Sep 2018
The proposed anti-consorting law introduced into the Tasmanian Parliament yesterday goes too far and is a violation of individual rights, says the Australian Lawyers Alliance (ALA).
The ALA has drafted an alternative form of the legislation which was sent to all Members of Parliament this morning.
“Our goal is to assist the Honourable members of both Houses in debating alternative forms that a consorting law could take, if it is considered that a form of consorting law is required,” said ALA State President, Mr Fabiano Cangelosi.
The law tabled yesterday does nothing to address concerns shared by the ALA, the Law Society of Tasmania and Civil Liberties Australia during the public submission process.
“The proposed law, in its definition of ‘convicted offenders’, is so wide that it will be ripe for abuse, as has occurred in other Australian jurisdictions.
“It is attack on fundamental liberties and will expose a vast group of people to the risk of abuse of police power.”
The ALA also believes that the proposed law will force an appeals process that is an abortion of procedural fairness and justice, and could potentially involve the State of Tasmania in further litigation before the High Court of Australia.