Jari’s Law: Draft Bill to amend Tasmania’s coronial system submitted to government

After years of tireless campaigning, protesting and even spending nights locked up on remand, Faith Tkalac might just be about to change Tasmanian laws in the wake of her son’s death.

After years of tireless campaigning, protesting, and even spending nights locked up on remand, Faith Tkalac might just be about to change Tasmanian laws in the wake of her son’s death.

Ms Tkalac’s lawyer Fabiano Cangelosi has drafted a Bill to amend Tasmania’s Coroners Act 1995, to require an inquest when someone has died potentially due to an act or omission of their current or former partner or spouse.

Mr Cangelosi and Ms Tkalac have now met with government lawyers and submitted the draft Bill for the consideration of Attorney-General, Elise Archer.

The draft Bill comes three years after the Huonville death of Jari Wise, who died in February 2020 when he was struck by a car driven by his on-off girlfriend, Melissa Oates.

Oates was never charged with causing Mr Wise’s death.

The draft Bill also comes just weeks after Ms Archer overruled a Supreme Court decision not to direct an inquest into Mr Wise’s death.

It was understood to be the first time in Tasmanian history such an intervention had ever been made.

Mr Cangelosi said he drafted the Coroners Act amendment Bill at Ms Tkalac’s request.

“It’s important because at the moment there is not a requirement for such an inquest to be held, and that is precisely what has led to the family of Jari Wise having to wait for so long until the Attorney-General had to quite extraordinarily intervene,” he said.

Ms Tkalac has gone to extraordinary lengths over the past three years for the creation of “Jari’s Law”.

She hoped she could use the high-profile nature of her son’s death and the handling of Oates’ case to “bring some sort of change” for others.

Faith Tkalac and her son Jari Wise, who died when he was struck by a car driven by his on-off girlfriend, Melissa Oates. Picture: Supplied

Ms Tkalac said it was “bittersweet” to now see her years of fighting – holding protests and marches, camping outside of parliamentarians’ offices, fighting in court, putting up banners, and even spending four nights behind bars – to finally bear fruit.

She said while she was thrilled about Mr Archer’s decision to direct an inquest, plus the moves to get Jari’s Law into parliament, the wins had come at great personal cost.

Plus, Ms Tkalac said now that those years of fighting were over, she was forced to freshly grieve her beloved son.

“It was almost like I lost Jari again,” she said.

“People say ‘you are so strong, you are so brave, how are you doing this?’ I’m actually not.

“Of course I grieved when Jari (died), but I didn’t only have that to concentrate on. I also had to push for this inquest, which took its toll on my mental health and meant I didn’t get to grieve properly.”

Ms Tkalac said wherever she went, people would come up to her and tell their own stories of hardship under Tasmania’s justice system.

But she said she’s also had another win – after being in touch with a South African teacher, a module on domestic violence against men had now been woven into a local school curriculum.

“That’s come out of Jari … a module on men being victims and women being perpetrators.”

Oates served eight months in jail following Mr Wise’s tragic death after pleading guilty to dangerous driving, drink driving, and failing to stop and assist in an accident.

She was later also sentenced to an extra month in jail, which she served concurrently, after pleading guilty to two more crimes against Mr Wise, common assault and injuring property.

Ms Archer said she was “always open” to improving Tasmanian laws when it came to family violence.

“I am carefully considering the draft Bill,” she said.

“It is important that any legislative reform is subject to the usual development process to ensure that any unintended consequences are identified and addressed throughout the consultation with key stakeholders.”

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