Truthing Tasmania

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The Dark Triad with Child Sexual Abuse in Tasmania

By

Lawrence Donaldson

The dark triad consists of Tasmania Police, the Department of Public Prosecutions (DPP) and the Solicitor General’s Department. Uniquely in Australia, the Tasmanian Government of the day has direct control over these agencies, and as such will have opportunity to politicise their decisions. The truth of this is yet to be tested!

This is further complicated given the Tasmanian independent regulatory entities are legislatively obliged to act on the legal advice of the Solicitor General. Legal counsel for the Commission of Inquiry saw this as irregular when compared with other Australian jurisdictions.

The separation of powers between Parliament, the Government executive and the judiciary are blurred in a small island community like Tasmania. A rebuttal from the Chief Magistrate would be welcome to set the record straight!

The diseconomies of scale in a community of less than 500,000 people creates particular challenges when trying to create a polity immune from undue influences.

Conversation starters

  1. How might we strengthen the separation of powers to strengthen democracy in Tasmania?

2. What are the consequences if the Government of the day is able to influence the decisions of Tasmania Police and the Department of Public Prosecutions, or even the Coroner’s office?

One response to “The Dark Triad with Child Sexual Abuse in Tasmania”

  1. Ellie Bedells Avatar
    Ellie Bedells

    You are on the money with separation of powers and protecting kids. SoP could be improved by amending s14(11) of the Family Violence Act 2004 so that when police wrongly issue a PFVO against a parent (usually a mother) who is trying to protect themselves and a child from physical abuse, the court will no longer have to ask an irrelevant and often insurmountable question to find its own jurisdiction to hear a remedial application after the police have dismissed it. PFVOs are unlawful because they require police to exercise federal judicial power in family law matters, and they interfere with the independence of the courts.

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