{"id":"BILL-TAS-justice-and-related-legislation-miscellaneous-amendments-bill-2026-12-of-2026","name":"Justice and Related Legislation (Miscellaneous Amendments) Bill 2026","slug":"justice-and-related-legislation-miscellaneous-amendments-bill-2026","collection":"bill","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-01-01","administeringDepartment":null,"currentVersion":{"id":446191,"registerId":"BILL-TAS-justice-and-related-legislation-miscellaneous-amendments-bill-2026-12-of-2026:current","compilationNumber":null,"startDate":"2026-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:48:27.801Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Justice and Related Legislation (Miscellaneous Amendments) Bill 2026\n\n[Bill 12]-VIII\nTASMANIA\n__________\nJUSTICE AND RELATED LEGISLATION\n(MISCELLANEOUS AMENDMENTS) BILL 2026\n__________\nCONTENTS\nPART 1 – PRELIMINARY\n1. Short title\n2. Commencement\n3. Repeal of Act\nPART 2 – LOCAL GOVERNMENT (HIGHWAYS) ACT 1982\nAMENDED\n4. Principal Act\n5. Section 46 amended (Permission to carry out various works in\nrelation to highways)\nPART 3 – LOCAL GOVERNMENT ACT 1993 AMENDED\n6. Principal Act\n7. Section 28ZK amended (Notification of determination of code of\nconduct complaint)\nPART 4 – RETIREMENT VILLAGES ACT 2004 AMENDED\n8. Principal Act\n9. Section 14B amended (Tribunal may order increase in recurrent\ncharges in certain circumstances)\n\n2\nPART 5 – TASMANIAN CIVIL AND ADMINISTRATIVE TRIBUNAL\nACT 2020 AMENDED\n10. Principal Act\n11. Section 115 substituted\n115. Changes to time limits\n12. Section 160A inserted\n160A. Further amendment of regulations not prevented\n13. Section 162 inserted\n162. Savings provision consequent on Justice and Related\nLegislation (Miscellaneous Amendments) Act 2026\n14. Schedule 2 amended (General Division)\n15. Schedule 3 amended (Protective Division)\nPART 6 – TASMANIAN CIVIL AND ADMINISTRATIVE TRIBUNAL\nREGULATIONS 2021 AMENDED\n16. Principal Regulations\n17. Schedule 2 amended (Fees)\n\n[Bill 12] 3\nJUSTICE AND RELATED LEGISLATION\n(MISCELLANEOUS AMENDMENTS) BILL 2026\n(Brought in by the Minister for Justice, Corrections and\nRehabilitation, the Honourable Guy Barnett)\nA BILL FOR\nAn Act to amend the Local Government Act 1993, the Local\nGovernment (Highways) Act 1982, the Retirement Villages\nAct 2004 and the Tasmanian Civil and Administrative\nTribunal Act 2020 and regulations made under that Act\nBe it enacted by Her Excellency the Governor of Tasmania, by\nand with the advice and consent of the Legislative Council and\nHouse of Assembly, in Parliament assembled, as follows:\nPART 1 – PRELIMINARY\n1. Short title\nThis Act may be cited as the Justice and Related\nLegislation (Miscellaneous Amendments) Act\n2026.\n2. Commencement\nThis Act commences on the day on which this\nAct receives the Royal Assent.\n3. Repeal of Act\nThis Act is repealed on the first anniversary of\nthe day on which it commenced.\n\nJustice and Related Legislation (Miscellaneous Amendments)\nAct 2026\nAct No. of 2026\ns. 4 Part 2 – Local Government (Highways) Act 1982 Amended\n4\nPART 2 – LOCAL GOVERNMENT (HIGHWAYS) ACT\n1982 AMENDED\n4. Principal Act\nIn this Part, the Local Government (Highways)\nAct 1982* is referred to as the Principal Act.\n5. Section 46 amended (Permission to carry out\nvarious works in relation to highways)\nSection 46 of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (8)\n“subsections (9) and (10)” and\nsubstituting “subsection (9)”;\n(b) by omitting subsection (10).\n_______________________________________________________________\n*No. 57 of 1982\n\nJustice and Related Legislation (Miscellaneous Amendments)\nAct 2026\nAct No. of 2026\nPart 3 – Local Government Act 1993 Amended s. 6\n5\nPART 3 – LOCAL GOVERNMENT ACT 1993\nAMENDED\n6. Principal Act\nIn this Part, the Local Government Act 1993* is\nreferred to as the Principal Act.\n7. Section 28ZK amended (Notification of\ndetermination of code of conduct complaint)\nSection 28ZK(6)(a) of the Principal Act is\namended by omitting “Magistrates Court\n(Administrative Appeals Division)” and\nsubstituting “Tasmanian Civil and\nAdministrative Tribunal”.\n_______________________________________________________________\n*No. 95 of 1993\n\nJustice and Related Legislation (Miscellaneous Amendments)\nAct 2026\nAct No. of 2026\ns. 8 Part 4 – Retirement Villages Act 2004 Amended\n6\nPART 4 – RETIREMENT VILLAGES ACT 2004\nAMENDED\n8. Principal Act\nIn this Part, the Retirement Villages Act 2004* is\nreferred to as the Principal Act.\n9. Section 14B amended (Tribunal may order increase\nin recurrent charges in certain circumstances)\nSection 14B of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (6) “Subject\nto subsection (7), the” and substituting\n“The”;\n(b) by omitting subsection (7).\n_______________________________________________________________\n*No. 50 of 2004\n\nJustice and Related Legislation (Miscellaneous Amendments)\nAct 2026\nAct No. of 2026\nPart 5 – Tasmanian Civil and Administrative Tribunal Act 2020 Amended s. 10\n7\nPART 5 – TASMANIAN CIVIL AND\nADMINISTRATIVE TRIBUNAL ACT 2020 AMENDED\n10. Principal Act\nIn this Part, the Tasmanian Civil and\nAdministrative Tribunal Act 2020* is referred to\nas the Principal Act.\n11. Section 115 substituted\nSection 115 of the Principal Act is repealed and\nthe following section is substituted:\n115. Changes to time limits\n(1) The Tribunal rules may provide for the\nTribunal to, on the application of the\napplicant or another party to proceedings,\nor on its own initiative, extend or shorten\na time limit for doing anything in\nconnection with any proceedings, or the\ncommencement of proceedings, despite\nthe time limit otherwise imposed under\nthis Act or a relevant Act.\n(2) A time limit may be –\n(a) extended or shortened subject to\nconditions specified by the\nTribunal; and\n_______________________________________________________________\n*No. 24 of 2020\n\nJustice and Related Legislation (Miscellaneous Amendments)\nAct 2026\nAct No. of 2026\ns. 12 Part 5 – Tasmanian Civil and Administrative Tribunal Act 2020 Amended\n8\n(b) extended even if the original time\nlimit has ended.\n12. Section 160A inserted\nBefore section 161 of the Principal Act, the\nfollowing section is inserted in Division 3:\n160A. Further amendment of regulations not\nprevented\nThe amendment of a provision of\nregulations made under this Act, or any\nother Act, by an Act amending this Act\ndoes not prevent that or any other\nprovision of the regulations from being\namended or rescinded by a subsequent\nregulation.\n13. Section 162 inserted\nAfter section 161 of the Principal Act, the\nfollowing section is inserted in Division 3:\n162. Savings provision consequent on Justice and\nRelated Legislation (Miscellaneous\nAmendments) Act 2026\nProceedings commenced or instituted in\nthe Resource and Planning stream in\nrelation to the Retirement Villages Act\n2004 before the commencement of the\nJustice and Related Legislation\n(Miscellaneous Amendments) Act 2026\n\nJustice and Related Legislation (Miscellaneous Amendments)\nAct 2026\nAct No. of 2026\nPart 5 – Tasmanian Civil and Administrative Tribunal Act 2020 Amended s. 14\n9\nare to be heard and determined in that\nstream as if that Act had not commenced.\n14. Schedule 2 amended (General Division)\nSchedule 2 to the Principal Act is amended as\nfollows:\n(a) by omitting the definitions of health\npractitioner and National Law from\nclause 1 of Part 1;\n(b) by omitting paragraph (ra) from clause 3\nof Part 8;\n(c) by omitting from clause 4(1)(b)(i) of Part\n8 “resource economics”;\n(d) by omitting from clause 4(1)(b)(xiii) of\nPart 8 “.” and substituting “;”;\n(e) by inserting the following subparagraph\nafter subparagraph (xiii) in clause 4(1)(b)\nof Part 8:\n(xiv) resource economics.\n15. Schedule 3 amended (Protective Division)\nSchedule 3 to the Principal Act is amended as\nfollows:\n(a) by omitting the definition of Division\nfunction or power from clause 1 of Part\n1;\n\nJustice and Related Legislation (Miscellaneous Amendments)\nAct 2026\nAct No. of 2026\ns. 15 Part 5 – Tasmanian Civil and Administrative Tribunal Act 2020 Amended\n10\n(b) by omitting the definition of government\ndepartment from clause 1 of Part 4;\n(c) by omitting the definitions of restrictive\nintervention and service provider from\nclause 1 of Part 4;\n(d) by omitting “;” from the definition of\nspouse in clause 1 of Part 4 and\nsubstituting “.”;\n(e) by omitting the definition of State\nauthority from clause 1 of Part 4.\n\nJustice and Related Legislation (Miscellaneous Amendments)\nAct 2026\nAct No. of 2026\nPart 6 – Tasmanian Civil and Administrative Tribunal Regulations 2021\nAmended\ns. 16\n11\nPART 6 – TASMANIAN CIVIL AND\nADMINISTRATIVE TRIBUNAL REGULATIONS 2021\nAMENDED\n16. Principal Regulations\nIn this Part, the Tasmanian Civil and\nAdministrative Tribunal Regulations 2021* are\nreferred to as the Principal Regulations.\n17. Schedule 2 amended (Fees)\nSchedule 2 to the Principal Regulations is\namended by inserting after paragraph (b) in item\n6 the following item:\n6A. Application under section 115 of the Act to extend\nor shorten time limit\n60\n_______________________________________________________________\n*S.R. 2021, No. 85\nGovernment Printer, Tasmania","sortOrder":0}],"analysis":{"summary":{"status_summary":"The Justice and Related Legislation (Miscellaneous Amendments) Bill 2026 was introduced in the Tasmanian House of Assembly by the Minister for Justice, Corrections and Rehabilitation.","complexity_score":3,"likely_questions":["Why was subsection (10) of the Local Government (Highways) Act removed?","What was the effect of the removed subsection (7) in the Retirement Villages Act on recurrent charges?","How does changing the appeal body from the Magistrates Court to TASCAT affect the cost and speed of reviews?","Why does the bill automatically repeal after one year?","Who is affected by the new fee for extending or shortening time limits at TASCAT?"],"complexity_factors":["Multiple unrelated statutes amended in one bill","Changes involve technical deletions and cross-reference updates","Sunset clause adds a procedural nuance","Some amendments affect jurisdiction and procedural rights (e.g., time limits, appeal body)"],"plain_english_summary":"This omnibus bill makes minor technical amendments across Tasmanian laws and regulations, chiefly shifting certain procedural rules to the Tasmanian Civil and Administrative Tribunal, removing a prior limit on tribunal-ordered increases to retirement village recurrent charges, and giving TASCAT broader discretion to vary time limits (with a new application fee). It also deletes and reorganises several definitions and updates cross‑references.\n\nIt affects local councils, retirement village residents and operators, and parties appearing before TASCAT; the changes are administrative with limited stated policy rationale."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Bill appears to be a set of targeted, housekeeping and procedural amendments to update references (moving matters to TCAT), expand TCAT’s procedural discretion, tidy definitions, provide a small fee, and preserve transitional rights for existing cases. Those changes are consistent with a narrow ‘miscellaneous amendments’ purpose rather than a substantial broadening of policy scope. The measure does not materially expand the range of activities regulated beyond the principal Acts’ existing subject‑matter; however, some deleted subsections may alter specific entitlements or limits within those Acts — those are textual adjustments rather than an increase in overall legislative scope."},"complexity_factors":["Amendments spread across 4 principal Acts and one set of regulations (multiple instruments to check).","Replacement of an entire section (s.115) introducing broad Tribunal discretion and conditional powers (higher interpretive weight).","Insertion of transitional/savings provision (s.162) that requires tracking of pre‑commencement proceedings separately.","Removal of multiple defined terms from two Tribunal Schedules (Schedules 2 and 3) — effects depend on cross‑referenced material in the Principal Act.","Deletion of specific subsections in other Acts (Local Government (Highways) Act s.46(10); Retirement Villages Act s.14B(7)) but the Bill does not reproduce the deleted text — requires checking original Acts to evaluate substance.","Addition of a new fee item to regulations (fee $60) which creates an interdependence between primary legislation and subordinate instruments.","Self‑repeal of the amending Act after one year — procedural quirk requiring clarification about whether amendments persist (they do), which can confuse non‑specialists."],"plain_english_summary":"**What this Bill does (mechanically)**\n\n- Makes short, targeted textual changes to four Acts and the Tasmanian Civil and Administrative Tribunal (TCAT) regulations. The changes are largely procedural: updating references, removing some subsections and definitions, widening the Tribunal’s ability to change time limits, and adding a small application fee. (See Parts 2–6 and the inserted sections and fee item.)\n\n- Starts and ends quickly: the Act takes effect on Royal Assent and the Act itself is repealed one year after commencement. The amendments it makes to other Acts and the regulations remain written into those principal laws; the one‑year repeal removes the amending statute as an instrument rather than undoing the text changes in the principal Acts. (Short title, commencement and repeal: Part 1.)\n\n**Key individual changes and who they affect**\n\n- Local Government (Highways) Act 1982 (Part 2, s.5): deletes one subsection of s.46 and updates a cross‑reference. That change affects anyone who seeks permission to carry out work on or near highways (typically councils, utilities and private applicants). To understand the practical effect you must check the existing s.46 text in the Principal Act — the Bill removes a specific limitation or rule contained in subsection (10).\n\n- Local Government Act 1993 (Part 3, s.7): replaces the reference to the “Magistrates Court (Administrative Appeals Division)” with “Tasmanian Civil and Administrative Tribunal” in the code‑of‑conduct notification provision (s.28ZK(6)(a)). This moves the post‑disciplinary review/notification pathway from the Magistrates Court to TCAT. Affected parties include local government councillors, councils and people involved in code‑of‑conduct complaints.\n\n- Retirement Villages Act 2004 (Part 4, s.9): removes a qualifying subsection that previously limited a Tribunal power to order increases in recurrent charges (s.14B(6) and (7)). This changes how the Tribunal can order increases in residents’ recurrent charges; the practical impact depends on the removed text in subsection (7). Affected parties are retirement village residents and operators.\n\n- Tasmanian Civil and Administrative Tribunal Act 2020 (Part 5):\n  - Replaces s.115 so that the Tribunal’s rules may allow the Tribunal itself, or a party, to extend or shorten any procedural time limit (including after the original time limit has ended) and to do so subject to conditions (new s.115(1)–(2)). This expands TCAT’s procedural discretion and affects any party who must meet Tribunal filing or procedural deadlines.\n  - Inserts s.160A to make clear that where this Act or another Act amends regulations, those regulations (or others) can still be amended or rescinded later by regulation. In short, statutory amendment of subordinate regulation provisions does not block future regulation changes.\n  - Inserts a savings/transitional provision (s.162) preserving that proceedings already started in TCAT’s Resource and Planning stream under the Retirement Villages Act 2004 are to continue in that stream as if the amending Act had not commenced — this prevents sudden transfer of live matters to a different stream.\n  - Amends the Tribunal Schedules (Schedules 2 and 3) by removing or moving a number of defined terms (for example, removing definitions such as health practitioner, National Law, government department, restrictive intervention, service provider, State authority) and relocating “resource economics” within a paragraph; these changes alter or simplify the list of matters and definitions used to determine which Division hears particular kinds of disputes. Affected bodies include parties who bring matters under the Tribunal’s General and Protective Divisions, and administrators who allocate cases.\n\n- TCAT Regulations 2021 (Part 6, s.17): inserts a $60 fee (item 6A) for an application under the new s.115 to extend or shorten a time limit. This imposes a small cost on parties seeking Tribunal relief about procedural deadlines.\n\n**Stated purposes (as expressed by the amendments) and an operational check against practical consequences**\n\n- Stated or implied aims: modernise references (replace an old court name with TCAT), streamline Tribunal procedure by giving the Tribunal flexible control of time limits, tidy administrative definitions and schedules, allow continued subordinate regulation changes, and preserve fairness for pending cases (transitional savings). These are express in the text changes (for example, s.7, s.115, s.160A and s.162).\n\n- Practical trade‑offs and implementation issues:\n  - Increased Tribunal discretion over time limits (new s.115) raises flexibility (reduces harsh procedural dismissals) but increases uncertainty for parties about finality and predictable deadlines. That could alter litigation tactics: parties may be less incentivised to comply promptly if extensions are readily granted, or conversely may need to budget for additional applications and hearings. The Tribunal can impose conditions when it alters time limits (s.115(2)(a)), which can limit misuse but requires rulemaking and consistent judicial practice.\n  - The $60 application fee (regulation Schedule 2 item 6A) is low, so it creates a small administrative cost and modest revenue for TCAT; it may deter only the most marginal or frivolous applications. It does not remove the substantive access to relief but slightly raises the cost of seeking an extension.\n  - Replacing the Magistrates Court reference with TCAT for code‑of‑conduct notifications moves review work into an administrative tribunal environment with specialist processes; that can reduce duplication but may change procedural rules, costs and avenues of appeal available to parties. Check whether appeal routes and costs differ between the two forums to assess net effect on litigants.\n  - Removal of specific subsections and defined terms (in the Highways Act, Retirement Villages Act and TCAT Schedules) simplifies the statute text but may also narrow or broaden Tribunal jurisdiction and operational definitions in ways not fully visible without comparing the deleted text. For instance, removing subsection (10) of s.46 (Highways Act) or subsection (7) of s.14B (Retirement Villages Act) will change substantive entitlements or limits; whether that benefits operators or residents depends on the deleted content.\n  - The transitional savings provision (s.162) reduces litigation risk by protecting ongoing matters from abrupt procedural transfers, but it also increases administrative complexity because the Tribunal must manage parallel rules for pre‑ and post‑commencement cases until those older matters conclude.\n\n**Who pays, who decides, and how behaviour changes**\n\n- Who pays: In practical terms, parties who make applications to TCAT under the new s.115 pay a $60 fee (reg. Schedule 2 item 6A). If the Retirement Villages change results in Tribunal‑ordered higher recurrent charges, residents pay higher ongoing fees; operators may receive higher revenue. Costs or savings from removed provisions in the Highways Act and definition changes depend on the deleted text.\n\n- Who decides: The Bill gives decision power to TCAT (more discretion under s.115) and to the rule‑making/regulation process (s.160A preserves regulatory flexibility). Ministers or drafters will decide Tribunal rules that set how the expanded discretion is exercised.\n\n- Behavioural changes: Expect parties to apply more frequently to vary time limits where strategic or substantive advantages exist; councils, utilities and retirement village operators should re‑check permissions and charge procedures; and litigants in code‑of‑conduct matters will prepare for TCAT processes rather than Magistrates Court procedures.\n\n**Compliance, implementation and risk notes**\n\n- Implementation requires TCAT to update its rules and internal practice notes to reflect the new s.115 and to set consistent approaches to conditions and late extensions.\n- Agencies and regulated entities should review the principal Acts (Highways, Local Government, Retirement Villages) to see the concrete effect of the deleted subsections and removed definitions; the Bill’s text alone does not show the full substantive outcomes without that comparison.\n- The one‑year repeal of the amending Act does not generally reverse textual amendments in the principal Acts; but it does mean the amending Act itself will not remain on the statute book as an independent instrument after one year. Practically, that is an administrative housekeeping measure with limited legal consequence for the amended frameworks.\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-2026","history":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-2026/history","analysis":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-2026/analysis","conflicts":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-2026/conflicts","importantCases":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-2026/important-cases","documents":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-2026/documents"}}