{"id":"tas:act-1991-003","name":"Prisoners (Removal of Civil Disabilities) Act 1991","slug":"prisoners-removal-of-civil-disabilities-act-1991","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"3 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106335,"registerId":"tas-act-1991-003-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Prisoners (Removal of Civil Disabilities) Act 1991](/view/html/inforce/2026-04-12/act-1991-003) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***Court*** means the Supreme Court and includes a judge sitting in chambers;\n> \n> > ***long term prisoner*** means a person who has been sentenced to a term of imprisonment exceeding 2 years and who, as a result of being so sentenced, is in prison;\n> \n> > ***prisoner*** means a person who has been sentenced to a term of imprisonment and who, as a result of being so sentenced, is in prison.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prisoners may sue and be sued and enter into contracts","content":"### 4 Prisoners may sue and be sued and enter into contracts\n\n> > (1)  Subject to [subsection (2)](#GS4@Gs2@EN) , a prisoner may –\n> > \n> > > > (a) sue and be sued; and\n> > > \n> > > > (b) enter into contracts.\n> \n> > (2)  A long term prisoner may not sue except by leave of the court before which it is intended to bring the proceedings.\n> \n> > (3)  A court shall not give leave for the purpose of [subsection (2)](#GS4@Gs2@EN) unless it is satisfied that –\n> > \n> > > > (a) the proceedings are not an abuse of process; and\n> > > \n> > > > (b) there is a *prima facie* ground for the proceedings.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Administrator of prisoner's property","content":"### 5 Administrator of prisoner's property\n\n> > (1)  An application may be made to the Court for the appointment of an administrator of the property of a long term prisoner by –\n> > \n> > > > (a) the prisoner; or\n> > > \n> > > > (b) a relative of the prisoner; or\n> > > \n> > > > (c) a person with an interest in the care and management of the prisoner's property.\n> \n> > (2)  The Court shall, after considering the merits of an application made to it in accordance with [subsection (1)](#GS5@Gs1@EN) , either –\n> > \n> > > > (a) refuse the appointment of an administrator; or\n> > > \n> > > > (b) appoint a person to be the administrator of the prisoner's property on such terms and conditions as it considers to be the most appropriate in the circumstances.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Saving","content":"### 6 Saving\n\n> Notwithstanding the amendments made to the [Limitation Act 1974](/view/html/inforce/2026-04-12/act-1974-098) by this Act, the provisions of the [Limitation Act 1974](/view/html/inforce/2026-04-12/act-1974-098) in force immediately before the commencement of this Act shall continue to apply to and in respect of causes of action arising before the commencement of this Act as if this Act had not been passed.","sortOrder":5},{"sectionNumber":"7.","sectionType":"section","heading":null,"content":"### 7.","sortOrder":6},{"sectionNumber":"SCHEDULE 1 - Amendment of Acts","sectionType":"part","heading":"SCHEDULE 1 - Amendment of Acts","content":"# SCHEDULE 1 - Amendment of Acts SCHEDULE 1 - Amendment of Acts\n\n[Section 7](#GS7@EN)\n\n> > (a) [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) ;\n> \n> > (b) [Limitation Act 1974](/view/html/inforce/2026-04-12/act-1974-098) .","sortOrder":7}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to have remained true to its original intent since 1991 — removing automatic civil legal disabilities from prisoners. The lack of substantive amendments over more than 30 years suggests no significant scope creep or narrowing from the original purpose."},"complexity_factors":["Very short and targeted legislation with a single, clear purpose","Deals with a legal concept ('civil disabilities') that requires brief historical context to understand","No significant amendments since enactment, meaning no layered complexity from changes over time","Limited scope — applies only to Tasmanian prisoners and their civil legal capacity"],"plain_english_summary":"The Prisoners (Removal of Civil Disabilities) Act 1991 (Tas.) restores civil rights and legal capacities to people who are imprisoned or have been convicted, undoing historic automatic disabilities that could bar them from owning property, contracting, suing or otherwise managing civil affairs. It ensures punishment is loss of liberty only, not removal of basic legal standing, for affected Tasmanians."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: removing civil disabilities for prisoners while maintaining safeguards for long-term prisoners. The scope has not expanded beyond this core function."},"complexity_factors":["Only 3 defined terms in the interpretation section (Court, long term prisoner, prisoner)","Single operative section with straightforward permissions and one clear exception","Simple two-stage test for court leave (abuse of process + prima facie case)","Minimal cross-referencing — only refers to external Acts in the Schedule and saving provision","No nested exceptions or complex conditional logic","Short length — approximately 6 substantive sections","Clear structure following standard legislative template"],"plain_english_summary":"**What this law does:**\n\nThis Act removes some of the legal restrictions (called \"civil disabilities\") that previously stopped prisoners from participating in normal legal and commercial life.\n\n**Key changes:**\n\n*   **Prisoners can now sue and be sued** — they can take people to court and be taken to court themselves.\n*   **Prisoners can enter into contracts** — they can make binding agreements (like hiring a lawyer, buying property, or entering business deals).\n*   **But there's a catch for long-term prisoners** — anyone sentenced to more than 2 years needs the court's permission before they can start a lawsuit. The court will only grant permission if the case isn't a waste of time (\"abuse of process\") and there's a genuine legal basis for it (*prima facie* means \"at first sight\" or on the face of it).\n*   **Property management** — family members or interested parties can apply to the Supreme Court to have an administrator appointed to manage a long-term prisoner's property and affairs.\n\n**Who it affects:**\n\n*   Prisoners in Tasmania (this appears to be Tasmanian legislation based on the Acts referenced — the Criminal Code Act 1924 and Limitation Act 1974 are Tasmanian statutes).\n*   People doing business with prisoners.\n*   Families of long-term prisoners who need to manage their affairs.\n\n**Why it matters:**\n\nBefore this law, prisoners were effectively legal non-entities — they couldn't enforce their rights through courts or manage their property properly. This Act recognises that imprisonment shouldn't strip people of all legal capacity, while still putting sensible safeguards around long-term prisoners to prevent frivolous litigation."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The text does not indicate a change from an earlier stated scope; it restores specified civil capacities to prisoners while limiting litigation by those serving over two years and authorises court appointment of property administrators (see ss 3–5). The Act also preserves pre‑commencement limitation rules for existing causes of action (s6) and lists related amendments in the Schedule (Criminal Code Act 1924; Limitation Act 1974)."},"complexity_factors":["Clear, limited scope focused on civil capacities of prisoners (definitions of 'prisoner' and 'long term prisoner') (s3).","Judicial discretion required to permit litigation by long term prisoners — leave only if proceedings are not an abuse of process and there is a prima facie ground (s4(2)–(3)).","Court power to appoint an administrator of a long term prisoner's property and to set terms and conditions, introducing case‑by‑case factual inquiries (s5(1)–(2)).","Transitional/saving provision preserving prior Limitation Act rules for causes arising before commencement, creating a temporal legal‑framework overlap (s6).","Concise statutory text with few provisions reduces drafting complexity but concentrates operational complexity in court procedures and fact‑finding."],"plain_english_summary":"This Act restores basic civil capacities to people serving sentences: prisoners may sue, be sued and enter contracts, but prisoners serving terms over two years need court leave to start proceedings. Courts may appoint administrators to manage a long‑term prisoner's property. A saving clause keeps prior limitation rules for causes arising before commencement. The direct decision‑makers are courts; affected persons (prisoners, relatives, creditors) bear application and litigation costs and must meet the court's leave and appointment tests."}},"importantCases":[],"_links":{"self":"/api/acts/prisoners-removal-of-civil-disabilities-act-1991","history":"/api/acts/prisoners-removal-of-civil-disabilities-act-1991/history","analysis":"/api/acts/prisoners-removal-of-civil-disabilities-act-1991/analysis","conflicts":"/api/acts/prisoners-removal-of-civil-disabilities-act-1991/conflicts","importantCases":"/api/acts/prisoners-removal-of-civil-disabilities-act-1991/important-cases","documents":"/api/acts/prisoners-removal-of-civil-disabilities-act-1991/documents"}}