{"id":"tas:sr-2008-071","name":"Defamation Order 2008","slug":"defamation-order-2008","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"71 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315855,"registerId":"tas-tas:sr-2008-071-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 2008](/view/html/inforce/2026-04-12/sr-2008-071) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2008.","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 2008 is declared to be $280 500.\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 2 July 2008\n\nThis order is administered in the Department of Justice.","sortOrder":3}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not change who or what the Act covers. It only declares the numeric cap that applies from 1 July 2008 (see s 3 and s 4). It narrows nothing and expands nothing in statutory scope; it alters only the maximum monetary remedy available under the Act."},"complexity_factors":["Single, discrete numeric change: declares one fixed dollar amount (s 4)","Relies on statutory definition of “maximum damages amount” in `section 35(1)` of the Act (s 3) — dependency increases interpretive linkage","Clear commencement date fixes temporal application (s 2)","No indexation or update mechanism specified, so future adjustments require a new order","Operational effect is procedural: limits judicial award discretion but does not create new causes of action","Minimal administrative detail; order notified in Gazette and administered by Department of Justice"],"plain_english_summary":"This order sets the cap on defamation damages under the Defamation Act 2005 at $280,500, effective 1 July 2008. It applies to anyone suing or defending a defamation claim by limiting the maximum award a court may make. Mechanically, courts still determine liability and quantum but may not award more than the declared “maximum damages amount” (see `section 35(1)`); defendants who lose are the payers. The change shifts settlement and risk calculations for publishers, individuals and insurers without altering which claims fall under the Act."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is present in the provided text to assess whether the scope changed from its original intent. The Order appears to have remained operative and largely stable since 2008, with only minor modifications recorded as of 2017."},"complexity_factors":["The provided text contains no substantive operative provisions — only metadata and administrative information","As a subordinate instrument (Order), it likely contains narrow, technical provisions rather than broad legal principles","Its interaction with the parent Defamation Act 2005 (Tas) adds a layer of cross-referencing complexity","The absence of content makes meaningful complexity assessment impossible beyond these structural observations"],"plain_english_summary":"This Tasmanian Order is a subordinate instrument that supports the operation of defamation law in Tasmania (linked to the Defamation Act 2005). It has been in force since 1 July 2008, was amended in July 2017, and applies to people and organisations involved in defamation disputes (e.g., individuals, journalists, publishers, businesses). The supplied text lacks operative provisions, so specific rules are not available here."},"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 statutory damages cap. It has not expanded beyond its original purpose of declaring a specific monetary amount for the purposes of section 35(1) of the Defamation Act 2005."},"complexity_factors":["Extremely short: only 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 single reference to the parent Act","No procedural requirements or enforcement mechanisms"],"plain_english_summary":"This is a short, technical order that sets a dollar limit on how much money someone can be awarded for a defamation lawsuit in Australia.\n\n**What it does:**\n- Sets the **maximum damages amount** (the highest possible payout) for defamation cases at **$280,500**, effective from 1 July 2008.\n- This figure applies under the *Defamation Act 2005*, which is the main law governing defamation (the legal term for damaging someone's reputation through false statements).\n\n**Who it affects:**\n- Anyone involved in defamation litigation—people suing for damage to their reputation, and those defending such claims.\n- Courts use this figure as a cap when awarding compensation.\n\n**Why it matters:**\n- It puts a legal ceiling on defamation payouts, preventing unlimited jury awards. This provides certainty for both plaintiffs (those suing) and defendants, and helps keep insurance and legal costs predictable.\n- The amount is indexed over time, so this 2008 figure has since been updated by later orders."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2008","history":"/api/acts/defamation-order-2008/history","analysis":"/api/acts/defamation-order-2008/analysis","conflicts":"/api/acts/defamation-order-2008/conflicts","importantCases":"/api/acts/defamation-order-2008/important-cases","documents":"/api/acts/defamation-order-2008/documents"}}