{"id":"tas:sr-2009-054","name":"Defamation Order 2009","slug":"defamation-order-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"54 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315338,"registerId":"tas-tas:sr-2009-054-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 2009](/view/html/inforce/2026-04-12/sr-2009-054) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2009.","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 2009 is declared to be $294 500.\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 24 June 2009\n\nThis order is administered in the Department of Justice.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Order does not change the scope of the Defamation Act 2005. It simply declares the numeric maximum damages amount to apply under section 35(1) of the Act, effective 1 July 2009 (sections 2–4). It does not amend the Act's operative provisions or expand who is covered."},"complexity_factors":["Single-issue instrument: declares one numeric amount (section 4)","Relies on defined term 'maximum damages amount' from the Act, requiring cross-reference (section 3)","Has a fixed commencement date rather than phased implementation (section 2)","Administrative instrument with no procedural rules or discretionary criteria","Minimal text and limited legal interaction — primary effect is numerical declaration","Administered by Department of Justice, implying routine executive upkeep but no new statutory processes"],"plain_english_summary":"This Order sets the statutory ceiling for damages in defamation cases under the Defamation Act 2005 at $294,500, effective 1 July 2009 (section 4). It applies to anyone pursuing or defending a defamation claim and determines the maximum non‑economic award a court can make.\n\nThe figure is declared by the Order and administered by the Department of Justice (sections 2–4). That ceiling changes potential defendant liability, insurer exposure and settlement incentives."},"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: annually (or periodically) updating the statutory damages cap for defamation. It has not expanded beyond its original purpose of setting a specific monetary figure as required by section 35(1) of the Defamation Act 2005."},"complexity_factors":["Only 4 operative sections","2 defined terms, both referencing external legislation","Single substantive provision (section 4) containing only a dollar amount and a date","No conditional logic, exceptions, or cross-references beyond the parent Act","Total length under 200 words"],"plain_english_summary":"This is a short, technical order that sets a dollar figure for the most money someone can be awarded in a defamation lawsuit.\n\n**What it does:**\n- Sets the **maximum damages amount** (the highest possible payout) for defamation cases at **$294,500**, effective from 1 July 2009.\n- This figure plugs into 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 suing for defamation in Australia — this is the ceiling on what they can win.\n- Judges deciding defamation cases — they cannot award more than this amount for non-economic loss (things like hurt feelings and reputation damage, as opposed to actual financial losses).\n\n**Why it matters:**\n- Defamation law caps how much you can get for hurt reputation. This order updates that cap to reflect inflation and economic conditions. Without this order, the maximum amount would be outdated.\n- It ensures consistency across Australian states and territories, which all use the same *Defamation Act 2005* framework."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Order appears to have remained unchanged since its commencement on 1 July 2009, suggesting its scope has not materially shifted from its original intent. However, the absence of the operative text means this assessment is limited."},"complexity_factors":["The operative content of the Order was not included in the text provided, making substantive analysis impossible","As a subordinate instrument (an Order rather than an Act), it is typically narrow and technical in scope","Likely involves cross-referencing with the parent Defamation Act 2005 (Tas) to be properly understood","No amendments appear to have been made since 2009, suggesting a static and relatively simple instrument"],"plain_english_summary":"This short Tasmanian Order supports the state's defamation regime, likely implementing practical details of the national uniform defamation laws (e.g., procedural or quantum-related specifics). It affects Tasmanians who claim defamation and anyone who publishes potentially defamatory material, plus lawyers handling such cases.\n\nThe operative text wasn’t provided, so this teaser is based on context only—consult the full Order or legal advice for specifics."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2009","history":"/api/acts/defamation-order-2009/history","analysis":"/api/acts/defamation-order-2009/analysis","conflicts":"/api/acts/defamation-order-2009/conflicts","importantCases":"/api/acts/defamation-order-2009/important-cases","documents":"/api/acts/defamation-order-2009/documents"}}