TASMANIAN lawyers have cautioned MLCs against passing anti-protest laws which contain mandatory sentences or disproportionately harsh sanctions.
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In a letter circulated to MLCs yesterday afternoon, Law Society of Tasmania president Matthew Verney insisted the Workplace (Protected from Protesters) Bill remained ''highly flawed''.
Legislative Councillors will this evening receive further briefings on government-drafted changes to its divisive protest laws, before launching into debate on mooted changes of their own.
Noting MLCs are likely to support the legislation in some form, Mr Verney evaluated a number of proposed amendments put forward by individual members.
He applauded changes flagged by Launceston MLC Rosemary Armitage, who is seeking to scrap mandatory minimum penalties included in the bill.
''From our perspective, any provision for a mandatory minimum penalty is contrary to the public interest, contrary to the interests of justice, is likely to result in unjust outcomes with penalties that are disproportionate to the nature of offending, and should be opposed at every turn,'' Mr Verney wrote.
The Examiner understands the government will drop mandatory sentencing provisions to get the laws through, putting tougher maximum penalties in their place.
Mr Verney argued the existing bill already contained disproportionately heavy penalties.
But MLCs appear likely to back the government's insistence on harsh sanctions.
Mr Verney also supported limiting the number of GBEs covered by the laws, in a move to be proposed by Windemere MLC Ivan Dean.
As it stands, all government businesses would be affected by the workplace bill.
Under Mr Dean's mooted changes, the laws would only extend to GBEs dealing in mining, forestry, agriculture, construction or manufacturing.
Mr Verney also sought to discourage MLCs from passing laws which gave ''unfettered discretion'' to prosecutors in determining how cases were pursued, or which captured ''benign activities'' beyond the intended scope of the legislation.
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