{"id":"tas:sr-2010-059","name":"Defamation Order 2010","slug":"defamation-order-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"59 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314950,"registerId":"tas-tas:sr-2010-059-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 2010](/view/html/inforce/2026-04-12/sr-2010-059) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2010.","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 2010 is declared to be $311 000.\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 30 June 2010\n\nThis order is administered in the Department of Justice.","sortOrder":3}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Order appears to have remained consistent with its original intent since commencement on 1 July 2010. No amendments are indicated as having substantively altered its scope, and the instrument appears to function as a stable administrative mechanism under the parent defamation legislation."},"complexity_factors":["Delegated/subordinate legislation adding a layer of legal hierarchy to navigate","Requires cross-referencing with the parent Defamation Act 2005 (Tas) to understand context","Operative content of the Order was not included in the provided text, limiting full analysis","National uniform law scheme adds minor complexity — Tasmania's rules interact with other states"],"plain_english_summary":"The Defamation Order 2010 (Tasmania) is a short delegated instrument, in force since 1 July 2010, that tailors how Tasmania applies the national Defamation Act framework. It likely sets specific rules or thresholds used in defamation cases in Tasmania.\n\nIt affects people claiming defamation, media outlets and publishers, and lawyers and courts handling such disputes. Its unchanged status since 2017 suggests it is a stable, background regulatory detail."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order does not alter the substantive reach of the Defamation Act 2005; it solely declares the maximum damages amount to apply under s35(1) as $311,000 from 1 July 2010 (see clause 4 and clause 2)."},"complexity_factors":["Single, short declaratory provision (clause 4) setting a numeric amount","Direct cross‑reference to section 35(1) of the Defamation Act 2005","Clear commencement date (1 July 2010) stated in clause 2","No procedural rules, exceptions or indexing contained in the instrument","Administrative note: instrument is administered by the Department of Justice"],"plain_english_summary":"**This order fixes the statutory cap on defamation damages under section 35(1) of the Defamation Act 2005 at $311,000, effective 1 July 2010.**\n\nIt therefore affects plaintiffs (who can recover up to that amount) and defendants (who may be ordered to pay up to that amount), and narrows judicial discretion by declaring the maximum damages amount (see s35(1)). The instrument is administered by the Department of Justice."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow technical function it was designed for: prescribing the maximum damages amount as required by section 35(1) of the Defamation Act 2005. There is no scope creep or expansion beyond the original statutory intent."},"complexity_factors":["Only 4 operative sections","2 defined terms, both referencing external legislation","Single substantive provision setting a dollar amount ($311,000)","No conditional logic, exceptions, or cross-references beyond the parent Act","Total length under 200 words"],"plain_english_summary":"This is a very short piece of legislation that sets a single dollar figure for defamation lawsuits.\n\n**What it does:**\n- Sets the **maximum damages amount** (the most money a court can award) for defamation cases at **$311,000** starting from 1 July 2010.\n\n**Who it affects:**\n- Anyone suing for defamation (where someone has damaged their reputation) in Australia — this caps how much they can win.\n- People being sued for defamation — this limits their financial exposure.\n\n**Why it matters:**\n- The main Defamation Act 2005 says there should be a cap on damages, but doesn't name the actual dollar amount. This Order fills in that blank number.\n- It prevents runaway jury awards and keeps defamation payouts predictable.\n\n**Key context:**\n- This is a **statutory instrument** (a secondary law made under powers given by the main Act), not a full Act of Parliament.\n- The amount ($311,000) was the indexed figure for 2010 and would be updated periodically by later orders."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2010","history":"/api/acts/defamation-order-2010/history","analysis":"/api/acts/defamation-order-2010/analysis","conflicts":"/api/acts/defamation-order-2010/conflicts","importantCases":"/api/acts/defamation-order-2010/important-cases","documents":"/api/acts/defamation-order-2010/documents"}}