{"id":"tas:sr-2005-048","name":"Corrections (Interstate Leave of Absence - ACT) Order 2005","slug":"corrections-interstate-leave-of-absence-act-order-2005","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"48 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317827,"registerId":"tas-tas:sr-2005-048-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Corrections (Interstate Leave of Absence - ACT) Order 2005](/view/html/inforce/2026-04-12/sr-2005-048) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interstate laws","content":"### 3 Interstate laws\n\n> For the purposes of [Part 6 of the](/view/html/inforce/2026-04-12/act-1997-051#HP6@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) , the [Prisoners' Interstate Leave Act 1997](/view/html/inforce/2026-04-12/act-9999-999) of the Australian Capital Territory is declared to be an interstate law.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 15 June 2005\n\nThis order is administered in the Department of Justice.","sortOrder":2}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This legislation performs exactly the narrow, technical function it was designed for: enabling the ACT to be a destination for Tasmanian prisoner interstate leave. It has not expanded beyond this original purpose."},"complexity_factors":["Only 3 operative sections (short title, commencement, and the substantive declaration)","Zero defined terms","Single cross-reference to Part 6 of the Corrections Act 1997","No conditional logic, exceptions, or procedural requirements","Total length is approximately 100 words of substantive content","Performs a single, straightforward declaratory function"],"plain_english_summary":"This is a very short legal order that makes it possible for Tasmanian prisoners to apply for temporary leave to travel to the Australian Capital Territory (Canberra).\n\n**What it does:**\n- Declares that the ACT's *Prisoners' Interstate Leave Act 1997* is an \"interstate law\" for the purposes of Tasmania's *Corrections Act 1997*.\n\n**Why this matters:**\n- Under Tasmania's corrections laws, prisoners can apply for \"interstate leave\" — permission to temporarily leave prison and travel to another state or territory for specific purposes (such as family emergencies, medical treatment, or legal matters).\n- For this system to work, the destination jurisdiction needs to have laws that govern how that prisoner will be supervised or managed while they're there.\n- This order officially recognises the ACT's laws as meeting that requirement, so Tasmanian prisoners can now apply to visit the ACT on temporary leave.\n\n**Who it affects:**\n- Tasmanian prisoners seeking temporary leave to travel to the ACT\n- Tasmanian prison authorities processing leave applications\n- ACT authorities who may need to supervise visiting prisoners\n\nWithout this order, Tasmanian prisoners could not legally be granted leave to travel to the ACT, because there would be no recognised legal framework for managing them there."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A version described as 'current to date' implies it reflects all changes to the present day, yet the authorisation timestamp of 5 July 2017 suggests no updates have been made for approximately nine years. While not legally fatal, this undermines the reliability assurance the currency statement is intended to provide.","confidence":0.6,"description":"The legislation claims to be 'current from 15 June 2005 to date (accessed 8 April 2026 at 2:43)', yet the document was accessed in April 2026 but the file was last modified on 5 July 2017. This creates a temporal absurdity where the legislation purports to be current and up-to-date for a nine-year period during which no modifications were recorded."},{"type":"other","section":"Document Structure - Title and Headers","severity":"medium","reasoning":"Legislative documents derive authority from precise, unambiguous structure. A document where every section heading is duplicated raises a genuine question about which rendering is the operative version. In a court or administrative context, this duplication could be exploited to argue the document has no clear operative structure.","confidence":0.85,"description":"Every heading and section title in the document is duplicated verbatim (e.g., 'Corrections (Interstate Leave of Absence - ACT) Order 2005' appears four times as a heading; 'Status Information' appears four times; 'Currency of version' appears four times). This creates a structurally incoherent document where it is impossible to determine which instance of each heading is authoritative."},{"type":"other","section":"Entire Document","severity":"high","reasoning":"The purpose of a statutory instrument such as this Order is to create enforceable legal obligations or authorisations regarding interstate leave of absence for corrections matters. The complete absence of any operative provisions means the instrument achieves nothing legally. If this represents the entirety of the instrument, it cannot fulfil its stated statutory purpose.","confidence":0.9,"description":"The document as presented contains no operative legislative provisions whatsoever. It consists entirely of metadata, status information, and administrative notices. There is no substantive content — no definitions, no operative clauses, no rights or obligations created. A legislative instrument that imposes no legal obligations and confers no legal rights is a logical absurdity."},{"type":"other","section":"Jurisdictional framing","severity":"medium","reasoning":"An Order made under Tasmanian law regulating interstate leave of absence in relation to the ACT sits at a jurisdictional crossroads. Without operative provisions visible, it is impossible to determine whether the instrument attempts to create obligations on ACT authorities (which Tasmania cannot do unilaterally) or merely on Tasmanian authorities operating in the ACT context. The framing as purely Tasmanian legislation governing an ACT subject raises constitutional and practical compliance questions.","confidence":0.7,"description":"The instrument is titled as Tasmanian legislation but its subject matter is 'Interstate Leave of Absence - ACT' (Australian Capital Territory). The document is simultaneously presented under the Tasmanian legislative framework (with the Tasmanian Crest and Tasmanian Legislation branding) while purporting to regulate conduct in or relating to the ACT. This creates a jurisdictional ambiguity about which jurisdiction's law governs compliance."}],"contradictions":[{"severity":"low","section_a":"Currency of version statement: 'Version current from 15 June 2005 to date (accessed 8 April 2026 at 2:43)'","section_b":"Authorisation statement: 'File last modified 5 July 2017'","confidence":0.65,"description":"The currency statement asserts the version is current up to the access date of 8 April 2026, implying ongoing maintenance and accuracy. However, the authorisation block records the file was last modified on 5 July 2017 — nearly nine years before the stated access date. These two statements directly contradict each other: a file cannot simultaneously be 'current to 2026' and have last been modified in 2017, unless no legislative changes occurred in that period, which is not stated."},{"severity":"low","section_a":"Status Information: 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.6,"description":"The site's own assurance is that legislation is updated within 3 working days of any change. If this instrument has not been modified since 5 July 2017 despite being described as current to April 2026, either: (a) the 3-working-day update promise has been breached for nine years, or (b) the file modification date is inaccurate. Either interpretation contradicts the reliability assurance given to users."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order does not amend the substantive provisions of the Corrections Act 1997 or the ACT Prisoners' Interstate Leave Act 1997. It merely declares the ACT Act to be an interstate law for the purposes of Part 6 of the Corrections Act, thereby enabling Part 6 processes to apply in relation to the ACT Act (see s 3). Commencement is by Gazette notice (s 2)."},"complexity_factors":["Narrow, single-purpose instrument (declares one ACT statute an interstate law) — see s 3.","Legal technicality: relies on cross-referencing Part 6 of the Corrections Act 1997 rather than creating new substantive rules.","Low administrative discretion: commencement is automatic on Gazette notification (s 2).","Cross-jurisdictional effect introduces coordination requirements between Commonwealth and ACT agencies, raising implementation and compliance work for administrators.","No new offences, entitlements or regulatory regimes created — primarily recognition/operational effect only."],"plain_english_summary":"This order declares the Australian Capital Territory’s Prisoners' Interstate Leave Act 1997 to be an “interstate law” for the purposes of Part 6 of the Corrections Act 1997, and takes effect on notification in the Gazette. It means prisoners subject to interstate leave, and the Commonwealth and ACT corrections agencies, must recognise and operate under that ACT law; the administrative and compliance costs of coordination fall on those agencies (see ss 2–3)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, the order appears to maintain its original and narrow scope: regulating interstate leave of absence arrangements specifically between Tasmania and the ACT. No evidence of scope expansion beyond this bilateral corrections administration purpose is apparent from the metadata provided."},"complexity_factors":["Operates at the intersection of two separate Australian jurisdictions (Tasmania and ACT), requiring understanding of both legal systems","Relies on underlying corrections and prisoner transfer legislation that is not reproduced here","Part of a broader framework of interstate prisoner management agreements across multiple Australian states and territories","Administrative/delegated legislation (an 'Order') rather than a primary Act, meaning it derives its authority from a parent statute that must also be understood","Limited substantive text available for analysis, increasing interpretive uncertainty","Has been in force over 20 years with amendments referenced but not detailed"],"plain_english_summary":"This Tasmanian order establishes the administrative framework allowing prisoners to be granted temporary leave to travel between Tasmania and the Australian Capital Territory. It governs when and how such leave may be approved and managed.\n\nIt affects prisoners, corrections staff and authorities in both jurisdictions and matters because it clarifies responsibility, conditions and procedures for cross‑border temporary custody and travel."}},"importantCases":[],"_links":{"self":"/api/acts/corrections-interstate-leave-of-absence-act-order-2005","history":"/api/acts/corrections-interstate-leave-of-absence-act-order-2005/history","analysis":"/api/acts/corrections-interstate-leave-of-absence-act-order-2005/analysis","conflicts":"/api/acts/corrections-interstate-leave-of-absence-act-order-2005/conflicts","importantCases":"/api/acts/corrections-interstate-leave-of-absence-act-order-2005/important-cases","documents":"/api/acts/corrections-interstate-leave-of-absence-act-order-2005/documents"}}