{"id":"tas:act-1888-037","name":"Debtors Act 1888","slug":"debtors-act-1888","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"37 of 1888","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110857,"registerId":"tas-act-1888-037-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1.","sectionType":"section","heading":null,"content":"### 1.\n\n*\\[Section 1 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":0},{"sectionNumber":"2.","sectionType":"section","heading":null,"content":"### 2.\n\n*\\[Section 2 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Right of imprisoned debtor to call upon creditor to show cause","content":"### 3 Right of imprisoned debtor to call upon creditor to show cause\n\n> *\\[Section 3 Amended by 25 Geo. V No. 78 \\]**\\[Section 3 Amended by No. 46 of 1991, s. 4 and Sched. 2 \\]*\n> \n> > (1)  Any person committed to prison in any of the cases excepted from the operation of [section 3 of the](/view/html/inforce/2026-04-12/act-1870-033#GS3@EN) [Debtors Act 1870](/view/html/inforce/2026-04-12/act-1870-033) may at any time during imprisonment apply to a judge for a summons calling upon the person to whom is due or payable the sum of money for default in payment of which the debtor has been committed to prison, or the agent or attorney of such person, to show cause why such debtor should not be released from imprisonment.\n> \n> > (2)  If upon the hearing of such summons it shall not be proved to the satisfaction of the judge that the debtor had at the date of his imprisonment the means to pay the sum in respect of which he has made default and had refused or neglected to pay the same, or if in the opinion of the judge other sufficient reasons shall be shown why the debtor should be discharged from further imprisonment, such judge may order the release of such debtor from imprisonment, and the gaoler or other person having the custody of such debtor, upon having delivered to him any order of release made by any judge under the authority of this Act, shall thereupon discharge and release the debtor therein named from his imprisonment.\n> \n> > (3)  Proof that the debtor had, at the date of his imprisonment, means to pay the sum in respect of which he has made default, may be given in such manner as such judge shall think just; and for the purposes of such proof the debtor and any witnesses may be summoned and examined on oath in accordance with the prescribed rules.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Power of judge to order debt to be paid by instalments","content":"### 4 Power of judge to order debt to be paid by instalments\n\n> *\\[Section 4 Amended by 25 Geo. V No. 78 \\]**\\[Section 4 Amended by No. 46 of 1991, s. 4 and Sched. 2 \\]*It shall be lawful for any such judge when ordering the release of any such debtor from imprisonment to direct that the sum in respect of which such debtor has made default shall be paid by such debtor to the person to whom the same is due by such instalments as such judge shall think proper; and in case of default by the debtor in payment of any one or more of the instalments so ordered to be paid by the judge as aforesaid, such debtor may again be committed to prison in accordance with the provisions of [section 4 of the](/view/html/inforce/2026-04-12/act-1870-033#GS4@EN) [Debtors Act 1870](/view/html/inforce/2026-04-12/act-1870-033) .","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Penalty for failing to appear on summons","content":"### 5 Penalty for failing to appear on summons\n\n> *\\[Section 5 Amended by 25 Geo. V No. 78 \\]**\\[Section 5 Amended by No. 55 of 1965, s. 5 \\]**\\[Section 5 Amended by No. 46 of 1991, s. 4 and Sched. 2 \\]**\\[Section 5 Amended by No. 67 of 1994, s. 3 and Sched. 1 \\]*[*\\[Section 5 Amended by No. 27 of 1992, Sched. 1, Applied:30 Mar 1998\\]*](/view/html/inforce/1998-03-30/act-1992-027#JS1@Ja2@GC1@EN) [*\\[Section 5 Amended by No. 38 of 2015, s. 26, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-038#GS26@EN) Any debtor or other person summoned under the provisions of the [Debtors Act 1870](/view/html/inforce/2026-04-12/act-1870-033) for the purpose of being examined as to the means of such debtor to pay the sum in respect of which he has made default, and who refuses or neglects, without sufficient cause, to attend and be examined before the court or judge before whom he is summoned to appear for the purpose aforesaid, or who refuses to produce before such court or judge, any books, papers, or writings which he has been required to produce as aforesaid, shall be liable to such fine not exceeding 10 penalty units as such court or judge shall impose upon him; and such court or judge may commit to prison as for contempt of court for one month any debtor or other person who shall have been ordered to pay any such fine as aforesaid and who shall make default in payment thereof; and the whole or any part of such penalty, in the discretion of the court or judge, after deducting the costs, shall be applicable towards indemnifying the party injured by such refusal or neglect; and the payment of such fine may be enforced in the same manner as money ordered to be paid by such court or judge.","sortOrder":4},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n*\\[Section 6 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Short title","content":"### 7 Short title\n\n> This Act may be cited as the [Debtors Act 1888](/view/html/inforce/2026-04-12/act-1888-037) .","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The text shows repeal of sections 1, 2 and 6 and records later amendments (annotations). The remaining operative provisions (ss 3–5, 7) establish a procedure allowing imprisoned debtors to compel creditor attendance, obtain judicial release or instalment orders, and set penalties for non-attendance or non-production. Because parts of the original Act have been repealed and the operative content is limited to these procedural remedies and sanctions, the present scope differs from a fuller original enactment and is concentrated on the summons/release/instalment mechanism (ss 3–5)."},"complexity_factors":["Judicial discretion is broad (e.g. \"other sufficient reasons\" to order release) (s 3(2)).","Procedural dependence on an earlier statute (Debtors Act 1870) for exceptions and recommitment mechanics (s 3(1), s 4).","Evidentiary flexibility—proof admissible \"in such manner as such judge shall think just\" and summoning on oath (s 3(3)).","Multiple enforcement routes (release orders executed by gaoler, instalment orders, recommitment, fines enforceable as court orders, imprisonment for contempt) (ss 3(2), 4, 5).","Penalty quantified by reference to penalty units (up to 10 penalty units) which requires external conversion to a currency value (s 5).","Amendments and repeals recorded in the text increase interpretive work about which provisions are operative (ss 1,2,6 repealed; multiple amendment notations)."],"plain_english_summary":"What this law does (mechanically)\n\n- Gives a person imprisoned for non-payment of a debt a formal way to force the creditor (or the creditor's agent) to appear before a judge and \"show cause\" why the imprisoned person should not be released (s 3(1)).\n- Allows the judge to order the debtor released if the creditor cannot prove that, at the date of imprisonment, the debtor had the means to pay and refused or neglected to do so, or if the judge is satisfied that there are other sufficient reasons for release (s 3(2)).\n- Permits the judge to accept proof of the debtor's means in whatever manner the judge considers just; the debtor and witnesses can be summoned and examined on oath under prescribed rules (s 3(3)).\n- Where the judge orders release, the judge may require the debtor to pay the debt by instalments and specify those instalments; if the debtor defaults on any instalment the debtor can be recommitted to prison in accordance with the relevant provision of the Debtors Act 1870 (s 4).\n- Imposes a penalty for failing, without sufficient cause, to attend when summoned to be examined about means to pay, or for refusing to produce required books, papers or writings. That penalty may be a fine (not exceeding 10 penalty units) and, if the fine is unpaid, the court or judge may commit the person to prison for one month as for contempt. The court may apply all or part of the penalty, after deducting costs, to indemnify the injured party; payment of the fine may be enforced in the same way as other money orders of the court (s 5).\n- Notes that some sections of the Act have been repealed (ss 1, 2, 6) and that the Act is cited as the Debtors Act 1888 (s 7).\n\nWho is affected\n\n- Debtors imprisoned for default in payment (subject to exceptions in the earlier Debtors Act 1870 referenced in s 3(1)).\n- Creditors (or their agents/attorneys), who may be required to appear and produce documents and who must prove that the debtor had means to pay at the time of imprisonment (s 3(1)–(3)).\n- Courts and judges, who exercise discretion to summon, hear evidence on oath, order release, set instalment plans, and impose fines or recommit debtors for default (ss 3–5).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: a debtor may be ordered to pay the debt (possibly by instalments) and may be fined up to 10 penalty units for non-attendance or non-production; that fine can be applied to compensate the injured party after costs (s 5). Creditors bear the procedural cost of attending and producing evidence when summoned (s 3(1)).\n- Who decides: a judge or court decides whether the creditor has proved the debtor had means to pay, whether other sufficient reasons for release exist, the terms of any instalment order, and whether to impose fines for non-attendance or non-production (ss 3–5).\n- Behaviour changes the law creates: imprisoned debtors can initiate proceedings to compel creditor attendance and seek release; creditors must be prepared to justify imprisonment by proving the debtor had means at the time of commitment and to produce books or papers when required; courts are enabled to replace continued imprisonment with structured repayment (instalments) and to reimpose imprisonment for instalment default (ss 3–4). Failure to comply with summons or production orders exposes the summoned person to fines and potential short-term imprisonment for contempt (s 5).\n\nDiscretion, compliance burden and enforcement mechanics\n\n- Discretion: the judge has broad discretion (a) to decide if the creditor proved the debtor had means at the date of imprisonment or if other sufficient reasons justify release (s 3(2)); (b) to determine what proof is just and to summon witnesses (s 3(3)); (c) to set instalment amounts and terms upon release (s 4); and (d) to set the amount of any fine up to 10 penalty units and to apply fines toward indemnifying the injured party (s 5).\n- Compliance burden: creditors/agents must attend hearings and may have to produce documents and witnesses (s 3(1), s 3(3), s 5). Debtors must attend and cooperate with examination or face fines and possible imprisonment for contempt (s 5).\n- Enforcement mechanics: release orders are acted on by the gaoler on delivery of the judge's order (s 3(2)). Default on instalments permits recommitment under the Debtors Act 1870 procedure referenced in s 4. Fines are enforceable in the same manner as other money orders of the court; non-payment can lead to one month in custody as for contempt (s 5).\n\nCosts, incentives and trade-offs (source-grounded observations)\n\n- Creditor costs and incentives: a creditor who has had a debtor committed must attend and produce evidence to justify continued imprisonment (s 3(1)–(2)). The procedural requirement to justify imprisonment creates an administrative and evidentiary cost for creditors and an incentive to secure proof of the debtor's means at commitment. If the judge orders instalments instead of continued imprisonment, the creditor receives a structured repayment stream rather than immediate full payment; the Act expressly allows recommitment if instalments are not paid (s 4), which preserves an enforcement option for the creditor.\n- Debtor costs and incentives: imprisonment is not necessarily permanent; a debtor can apply to have the creditor show cause and may obtain release if the creditor cannot prove means at the time of imprisonment or if other sufficient reasons exist (s 3). If released on an instalment plan, the debtor has an incentive to comply with instalments to avoid recommitment (s 4). Non-attendance or refusal to produce documents risks fines and short-term imprisonment for contempt (s 5).\n- Administrative and legal clarity risks: the Act relies on cross-references to the Debtors Act 1870 for exceptions and for recommitment procedure (ss 3(1), 4). Those cross-references mean correct application requires consulting the earlier Act.\n\nWhat the Act changed mechanically (compared to its earlier or repealed parts)\n\n- Several sections are shown as repealed (ss 1, 2, 6) and the remaining operative provisions focus on the procedural mechanism for summoned hearings, judicial release, instalment orders, and penalties for non-attendance or non-production (ss 3–5, 7)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing a mechanism for imprisoned debtors to seek release and establishing judicial discretion over debt imprisonment. Despite numerous amendments over 130+ years, these have been technical updates (penalty unit adjustments, procedural modernisation) rather than expansions of scope. The core function — regulating the interface between debt imprisonment and judicial review of ability to pay — remains unchanged from 1888."},"complexity_factors":["Only 3 operative sections remain (sections 3, 4, and 5), with sections 1, 2, and 6 repealed","Heavy reliance on external legislation — the Act cannot be understood without reference to the Debtors Act 1870 (specifically sections 3 and 4)","Nested conditional logic in section 3(2): release requires either (a) failure to prove means to pay, OR (b) 'other sufficient reasons' in the judge's opinion","Cross-referencing to 'prescribed rules' in section 3(3) without defining what these rules are","Multiple amendment history (1914, 1965, 1991, 1992, 1994, 2015) creating layered textual complexity, though substance remains relatively stable","Archaic language throughout ('gaoler', 'such debtor', 'aforesaid') that requires modern interpretation"],"plain_english_summary":"**What this law does:**\n\nThis 1888 Act gives people who have been sent to prison for not paying their debts a way to ask a judge to let them out early.\n\n**Who it affects:**\n\n- **Debtors in prison** for failing to pay money they owe (specifically those caught by exceptions in the earlier *Debtors Act 1870*)\n- **Creditors** (the people or businesses owed money) who must prove the debtor actually had the money but refused to pay\n- **Judges** who decide whether to release the debtor or set up a payment plan\n\n**How it works:**\n\n- A prisoner can **apply to a judge** for a summons forcing the creditor to \"show cause\" (explain why the debtor shouldn't be released)\n- The creditor must **prove** the debtor had the means to pay at the time of imprisonment but chose not to\n- If the creditor can't prove this, or if the judge finds \"other sufficient reasons,\" the judge can **order release**\n- The judge can also set up **instalment payment plans** — but if the debtor misses payments, they can be sent back to prison\n- **Penalties apply** if debtors refuse to attend court examinations or produce financial documents (fines up to 10 penalty units, or up to one month in prison for contempt if the fine isn't paid)\n\n**Why it matters:**\n\nThis Act creates a safety valve against indefinite imprisonment for debt. It recognises that jailing someone who genuinely cannot pay serves no purpose, while still allowing creditors to pursue those who have the money but refuse to pay. It reflects a shift from punitive debt imprisonment toward a more nuanced system where ability to pay matters."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Legislation of this era originally contemplated imprisonment as a remedy for non-payment of debts — a practice now largely abolished in Australian law. Through decades of amendments, the scope has almost certainly narrowed significantly from its original intent, shifting focus toward civil debt enforcement mechanisms rather than personal liberty restrictions. However, without the full legislative text, the precise current scope cannot be confirmed."},"complexity_factors":["The legislation dates from 1888, meaning it uses archaic Victorian-era legal language that can be difficult for modern readers to interpret","Over 130 years of amendments may have significantly altered the original text, making it hard to understand without reviewing the full amendment history","The full text of the Act was not provided, limiting the ability to assess specific provisions and their interactions","Debt law intersects with multiple other legal areas including contract law, court procedure, and insolvency law","Historical context (e.g., what debt imprisonment rules once applied) is needed to properly understand the law's current practical scope"],"plain_english_summary":"## Debtors Act 1888 (Tasmania)\n\n**What is this law?**\nThis is a very old Tasmanian law — over 135 years old — that deals with the rights of people who owe money (debtors) and the people or organisations they owe money to (creditors). Historically, laws like this governed when and how a person could be imprisoned for not paying their debts, and set out rules for how debts could be recovered.\n\n**Who does it affect?**\n- Anyone in Tasmania who owes money and is struggling to pay\n- Creditors (businesses or individuals) trying to recover money owed to them\n- Courts dealing with debt-related matters in Tasmania\n\n**Why does it matter?**\nWhile imprisonment for debt has largely been abolished in modern Australia, laws like this one may still contain provisions relevant to debt enforcement — such as rules about when courts can take action against debtors, protections against unfair debt collection, or procedural rules for debt disputes.\n\n**⚠️ Important note:** The actual text of the legislation was not provided in full — only status and metadata information was included. This means a detailed analysis of specific provisions cannot be completed. Anyone directly affected by debt-related legal matters in Tasmania should consult a lawyer or a free legal aid service."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/debtors-act-1888","history":"/api/acts/debtors-act-1888/history","analysis":"/api/acts/debtors-act-1888/analysis","conflicts":"/api/acts/debtors-act-1888/conflicts","importantCases":"/api/acts/debtors-act-1888/important-cases","documents":"/api/acts/debtors-act-1888/documents"}}