Sentencing Advisory Council
Review of section 11B of the Sentencing Act 1997
In early 2023 the Attorney-General requested the Sentencing Advisory Council consider the operation of section 11B of the Sentencing Act 1997.
Section 11B was added to the Sentencing Act in 2017 and provides that when determining the appropriate sentence for an offender, the court is to take into account any hatred for or prejudice against any victim of the offence, person or group of persons associated with the victim, based on racial grounds. This is to be taken into account by the court as an aggravating circumstance in relation to the offence.
The terms of reference for this project are to:
- Examine the current scope of section 11B of the Sentencing Act 1997 and the use of this provision by courts in Tasmania to date.
- Undertake a comparative analysis of relevant provisions of sentencing legislation in other Australian jurisdictions.
- Examine whether section 11B could be expanded to consider whether the offence was motivated to any degree by religion, language, sexual orientation, gender, gender identity, innate variations of sex characteristics, age, a particular physical disability or cognitive impairment, or a mental illness. Alternatively, whether comparative amendments could be made elsewhere in the Sentencing Act 1997 with a consideration of the benefits and challenges of such inclusions.
- Provide advice as to whether amendment should be made to section 11B, or any other part of the Sentencing Act 1997, to extend the provisions of section 11B to other motives.
Research for this project commenced on 17 April 2023.
Consultation has closed
The consultation period for public feedback and comment on the review of section 11B of the Sentencing Act 1997 has closed.
Thank you to those stakeholders and interested persons who attended the Council’s Public Forum on 7 September 2023, and those who have provided a response to the Consultation Paper.
The Council is now considering the responses to assist it to formulate its advice to the Attorney-General.
Consultation paper
The consultation paper, which has information on the provision and how it currently operates, is still available below for interest and information purposes only. Submissions are no longer able to be received.