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Short title
1 Short title
This Act may be cited as the Prisoners (Removal of Civil Disabilities) Act 1991 .
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Tasmania act
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.
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Direct links to the current provisions in Prisoners (Removal of Civil Disabilities) Act 1991.
This Act may be cited as the Prisoners (Removal of Civil Disabilities) Act 1991 .
This Act commences on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears –
Court means the Supreme Court and includes a judge sitting in chambers;
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;
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.
(1) Subject to subsection (2) , a prisoner may –
(a) sue and be sued; and
(b) enter into contracts.
(2) A long term prisoner may not sue except by leave of the court before which it is intended to bring the proceedings.
(3) A court shall not give leave for the purpose of subsection (2) unless it is satisfied that –
(a) the proceedings are not an abuse of process; and
(b) there is a prima facie ground for the proceedings.
(1) An application may be made to the Court for the appointment of an administrator of the property of a long term prisoner by –
(a) the prisoner; or
(b) a relative of the prisoner; or
(c) a person with an interest in the care and management of the prisoner's property.
(2) The Court shall, after considering the merits of an application made to it in accordance with subsection (1) , either –
(a) refuse the appointment of an administrator; or
(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.
Notwithstanding the amendments made to the Limitation Act 1974 by this Act, the provisions of the Limitation Act 1974 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.
(a) Criminal Code Act 1924 ;
(b) Limitation Act 1974 .
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
This Act may be cited as the Prisoners (Removal of Civil Disabilities) Act 1991 .
This Act commences on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears –
Court means the Supreme Court and includes a judge sitting in chambers;
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;
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.
(1) Subject to subsection (2) , a prisoner may –
(a) sue and be sued; and
(b) enter into contracts.
(2) A long term prisoner may not sue except by leave of the court before which it is intended to bring the proceedings.
(3) A court shall not give leave for the purpose of subsection (2) unless it is satisfied that –
(a) the proceedings are not an abuse of process; and
(b) there is a prima facie ground for the proceedings.
(1) An application may be made to the Court for the appointment of an administrator of the property of a long term prisoner by –
(a) the prisoner; or
(b) a relative of the prisoner; or
(c) a person with an interest in the care and management of the prisoner's property.
(2) The Court shall, after considering the merits of an application made to it in accordance with subsection (1) , either –
(a) refuse the appointment of an administrator; or
(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.
Notwithstanding the amendments made to the Limitation Act 1974 by this Act, the provisions of the Limitation Act 1974 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.
Section 7
(a) Criminal Code Act 1924 ;
(b) Limitation Act 1974 .