{"id":"tas:sr-2007-032","name":"Defamation Order 2007","slug":"defamation-order-2007","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"32 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315937,"registerId":"tas-tas:sr-2007-032-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 [Defamation Order 2007](/view/html/inforce/2026-04-12/sr-2007-032) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2007.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this order –\n> \n> > ***Act*** means the [Defamation Act 2005](/view/html/inforce/2026-04-12/act-2005-073) ;\n> \n> > ***maximum damages amount*** has the same meaning as in [section 35(1)](/view/html/inforce/2026-04-12/act-2005-073#GS35@Gs1@EN) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Maximum damages amount","content":"### 4 Maximum damages amount\n\n> For the purposes of [section 35(1)](/view/html/inforce/2026-04-12/act-2005-073#GS35@Gs1@EN) of the Act, the maximum damages amount that is to apply from 1 July 2007 is declared to be $267 500.\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 20 June 2007\n\nThis order is administered in the Department of Justice.","sortOrder":3}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient operative content was provided to assess whether the scope of this Order changed from its original intent. The instrument appears stable, having remained unamended since 1 July 2007, which may suggest it continues to operate within its originally intended scope."},"complexity_factors":["Only administrative metadata was provided — no operative legal provisions are present in the supplied text","Cannot assess substantive complexity without the actual content of the Order","Defamation law itself can be moderately complex, but this appears to be a short supporting instrument rather than a comprehensive statute","The instrument has not been amended since commencement, suggesting limited complexity in its structure"],"plain_english_summary":"This Tasmanian statutory instrument, made in 2007, appears to support the Defamation Act 2005 and has been in force since 1 July 2007 (administratively updated July 2017). The provided file contains only the administrative shell and not the operative provisions, so its specific rules, exceptions or thresholds cannot be determined from what’s here.\n\nIt potentially affects anyone involved in Tasmanian defamation disputes (individuals, journalists, publishers, businesses). To assess rights or obligations, obtain the full instrument from the Tasmanian legislation site or consult a lawyer."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This order performs exactly the narrow, technical function it was designed for: setting a specific monetary threshold as required by the parent Act. There is no scope creep."},"complexity_factors":["Extremely short: 4 operative sections","Only 2 defined terms ('Act' and 'maximum damages amount')","Single substantive provision (section 4) containing one declaratory sentence","No conditional logic, exceptions, or cross-references beyond the parent Act","No procedural requirements or enforcement mechanisms"],"plain_english_summary":"**What this legislation does**\n\nThis is a short, technical order that sets a dollar figure for the **maximum damages amount** in defamation cases.\n\n**Who it affects**\n\n- **People suing for defamation** (plaintiffs): This sets a cap on how much money they can be awarded for non-economic loss (things like hurt feelings and damage to reputation, rather than actual financial losses).\n- **People being sued for defamation** (defendants): This limits their potential financial exposure.\n- **Courts**: They must apply this cap when awarding damages.\n\n**Why it matters**\n\nThe *Defamation Act 2005* introduced a national, uniform approach to defamation law across Australia. Section 35 of that Act requires a maximum damages amount to be set and updated periodically. This order sets that amount at **$267,500** starting from 1 July 2007.\n\nThink of it as the government adjusting a speed limit — the underlying rule stays the same, but the specific number changes based on inflation or policy decisions."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order does not change the scope or substantive provisions of the Defamation Act 2005; it only declares the numeric ‘maximum damages amount’ that applies from 1 July 2007 ($267,500) for the purposes of s 35(1) (see s 4). It leaves the Act’s definitions, remedies and judicial discretions otherwise intact."},"complexity_factors":["Narrow, single-purpose instrument: declares one numeric cap (s 4).","Relies on an external statutory definition: ties to ‘maximum damages amount’ in s 35(1) of the Defamation Act 2005 (s 3).","Requires judicial application: courts must apply the cap when awarding damages, inviting routine but fact-specific assessment.","Commencement fixed date creates immediate operational effect from 1 July 2007 (s 2).","No built-in indexing or adjustment mechanism in the order itself — potential for value erosion over time unless revisited.","Minimal administrative/compliance burden on agencies; primary effect falls on litigants and courts."],"plain_english_summary":"This order fixes the maximum amount that can be awarded for non‑economic damages in defamation cases at $267,500, effective 1 July 2007 (see s 4). Mechanically, it caps the largest payment a court can order under the Defamation Act 2005, so defendants face a bounded liability and claimants face a predictable ceiling; the order relies on the Act’s definition of “maximum damages amount” (see s 3 / s 35(1))."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2007","history":"/api/acts/defamation-order-2007/history","analysis":"/api/acts/defamation-order-2007/analysis","conflicts":"/api/acts/defamation-order-2007/conflicts","importantCases":"/api/acts/defamation-order-2007/important-cases","documents":"/api/acts/defamation-order-2007/documents"}}