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AAP
AAP
Politics
Ethan James

No criminality in Tas premier's attorney-general stance

Tasmania's former attorney-general Elise Archer made claims against Premier Jeremy Rockliff. (Rob Blakers, Ethan James/AAP PHOTOS)

Tasmanian Premier Jeremy Rockliff did not commit a criminal offence by urging former attorney-general Elise Archer to support his government or resign, the state's director of public prosecutions has found.

Ms Archer lodged a formal complaint with the office of the DPP, alleging she had been threatened and intimidated by Mr Rockliff in the lead-up to her resignation. 

Ms Archer quit parliament after Mr Rockliff said he would call a snap election if she did not either resign or agree to provide confidence and supply as an independent.

Tasmanian Premier Jeremy Rockliff
Jeremy Rockliff did not breach the criminal code by asking Tasmania's attorney-general to resign.

Ms Archer had been sacked from cabinet five days earlier over workplace bullying allegations and for sending messages Mr Rockliff deemed inappropriate.

She initially resigned when dumped from cabinet but then spent days reconsidering her position.

Tasmanian Director of Public Prosecutions Daryl Coates SC said he had received a complaint from Ms Archer alleging Mr Rockliff had breached section 70 of the Criminal Code Act.

"As with any complaint, the matter was fully considered by my office," he said in a statement on Wednesday.

"Upon considering the material supplied by Ms Archer, I am of the view that it does not disclose an offence by the premier.

"I therefore will not be laying a complaint nor will I recommend for Tasmania Police to investigate the matter." 

The act says someone is guilty of a crime if they directly or indirectly influence an MP in their duty, or induce them to be absent from parliament, by threats or intimidation of any kind.

Ms Archer, who has denied the bullying allegations, launched a scathing attack on Mr Rockliff when she resigned, claiming she had not been afforded due process.

Mr Rockliff welcomed the DPP's decision after defending his comments to Ms Archer.

"It was absolutely my right to seek such clarification in such political circumstances," he told state parliament.

"I did not ask Ms Archer to act in any way." 

Mr Rockliff's Liberal government, the last of its colour in Australia, has been in minority since May when two MPs quit to the cross bench. 

Former attorney-general Elise Archer
Elise Archer alleged she had been threatened and intimidated by Mr Rockliff.

A recount to find Ms Archer's replacement in the seat of Clark will begin next week and is expected to be won by a Liberal. 

In leaked messages, Ms Archer described Mr Rockliff as being too weak to be leader.

In another message, she said she was "sick" of abuse victim-survivors, which she said was taken out of context.

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