Change to Tasmania’s Coroners Act in wake of 2020 death of young dad Jari Wise passes

Jari’s Law passed its first hurdle in state parliament as his mother looked on from the public gallery. Here’s what Faith Tkalac said after the milestone.

(L to R): Hamish McLean, Faith Tkalac and Ben Mildren at a rally for Ms Tkalac's son Jari Wise, who died after being struck by his girlfriend - Melissa Oates' - car in February 2020.

The mother of a young man whose death prompted a law change related to family violence hopes the reforms will not only benefit other families, but help her son’s name live on.

An amendment to the Coroners Act 1995, known as Jari’s Law, passed Tasmania’s House of Assembly on Thursday.

Included in the Justice and Related Legislation (Miscellaneous Amendments) Bill (No.2) 2023, the law change means deaths where family violence has contributed can be examined, even where there are no criminal proceedings.

The change is a result of a high-profile campaign by the family of young Huon Valley father Jari Wise, who was struck and killed by a car driven by his girlfriend, Melissa Oates, in February 2020.

Oates was sentenced in April 2021 to 14 months’ jail – of which she served just eight behind bars – on charges of dangerous driving, drink driving, and failing to stop and assist in an accident.

She has never been charged in relation to causing Mr Wise’s death and maintains Mr Wise jumped in front of her car.

A coronial inquest into Mr Wise’s death will be held next year after former Attorney-General Elise Archer overruled a Supreme Court decision not to direct an inquest.

Faith Tkalac and husband Guido Tkalac with Shadow Attorney-General Ella Haddad and Attorney-General Guy Barnett at state parliament for the vote on Jari's Law. The law was prompted by the death of Mrs Tkalac's son Jari Wise.

Noting the passage of the law change through the House of Assembly, Attorney-General Guy Barnett said statistics showed family violence continued to play a role in a significant number of deaths each year.

“However, for a range of reasons, it is sadly the case that the criminal justice system does not always provide answers about the circumstances of such deaths,” Mr Barnett said.

“It is critical the Government’s response to protecting those exposed to family violence is informed by evidence, and an understanding of the circumstances that contribute to family violence related deaths.

“I would like to acknowledge Jari’s mother Faith Tkalac for her tireless campaign to honor her son Jari by ensuring our laws reflect our commitment to doing everything we possibly can to make sure that all Tasmanians are safe, equal and respected.”

Jari Wise was killed at Huonville.

Mrs Tkalac said while her campaign for the law changes and the inquest had been successful, the fight had come at great personal cost.

“Having to push so hard to get the inquest that not only I but the nation felt Jari deserved took its toll on myself and my family,” she said.

“This should have been a time of great sadness with us all surrounding each other with love and support as families do in such terrible times.

“Obviously I was overwhelmed with sadness and I was there for my family as much as I possibly could be but I wasn’t actually present. I was spending my days fighting for someone to listen to me, I was Jari’s voice.

“Jari’s inquest is yet to come but it’s happening, I really do want to thank Tasmania and actually people from all over the world. They helped keep the fire in my belly lit.”

Mrs Tkalac said she hoped the law change would benefit other families.

“I believe we die twice, once when we leave the earth and again when your name is said for the last time,” she said.

“Not only did I push for Jari’s Law so that no one else will have to grieve while fighting but also so that Jari’s name will be said forever.”

Mrs Tkalac said she was lobbying MPs to establish a minister for men’s health and wellbeing.

She also paid tribute to lawyer Fabiano Cangelosi for providing her with legal guidance during her campaign.

Originally published as Change to Tasmania’s Coroners Act in wake of 2020 death of young dad Jari Wise passes