{"id":"tas:sr-2011-061","name":"Defamation Order 2011","slug":"defamation-order-2011","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"61 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314689,"registerId":"tas-tas:sr-2011-061-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 2011](/view/html/inforce/2026-04-12/sr-2011-061) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2011.","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 2011 is declared to be $324 000.\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 29 June 2011\n\nThis order is administered in the Department of Justice.","sortOrder":3}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information to assess whether the scope changed from the original intent, as the operative provisions of the Order were not included in the supplied document."},"complexity_factors":["Only administrative and status metadata was provided — no operative legal provisions are visible in the supplied text","Cannot assess substantive complexity without the actual content of the Order","Defamation law in Australia generally involves multi-jurisdictional uniform legislation which can be complex, but the nature of this specific Order is unknown","Existence of amendments adds a minor layer of complexity in tracking current obligations"],"plain_english_summary":"This Order is an administrative instrument under Tasmania’s defamation law, in force since 1 July 2011 and last amended/touched in July 2017. The document you provided contains only status and metadata, not the operative text.\n\nIt may affect anyone in a Tasmanian defamation dispute (claimants, publishers, media) but without the Order’s substantive provisions you can’t know its requirements—retrieve the full text from the Tasmanian legislation website to see how it applies."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This legislation serves exactly its original purpose: to set a specific monetary cap for defamation damages as required by section 35(1) of the Defamation Act 2005. It has not expanded beyond this narrow, technical function."},"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 basic statutory interpretation","No procedural requirements or enforcement mechanisms"],"plain_english_summary":"This is a short, technical piece of legislation that sets a dollar limit on how much money someone can be awarded for non-economic loss in a defamation lawsuit.\n\n**What it does:**\n- Sets the **maximum damages amount** at **$324,000** for defamation cases starting from 1 July 2011.\n- This cap applies to compensation for **non-economic loss** — things like hurt feelings, damage to reputation, and embarrassment (as opposed to actual financial losses like lost income).\n\n**Who it affects:**\n- Anyone suing for defamation in Australia (the Defamation Act 2005 applies nationally through uniform state and territory laws).\n- Judges who must apply this cap when awarding damages.\n\n**Why it matters:**\n- Without this order, there would be no clear upper limit on emotional distress payouts in defamation cases.\n- The $324,000 figure is indexed (adjusted for inflation) over time, but this order established the baseline amount that applied from mid-2011."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order does not alter who or what the Defamation Act covers. It only sets the monetary parameter referenced in section 35(1) to $324,000 effective 1 July 2011, changing a numerical limit rather than the Act's substantive scope or definitions."},"complexity_factors":["Narrow statutory effect: it declares a single monetary figure rather than changing substantive law.","Relies on Defamation Act 2005 for meaning of 'maximum damages amount' (section 35(1)), creating a dependency on the Act's definitions and rules.","Fixed commencement date (1 July 2011) reduces transitional ambiguity.","Very limited administrative discretion in this instrument itself; future changes require new orders.","Practical legal complexity arises only in application by courts (how the cap interacts with head(s) of damage) rather than in the instrument's text."],"plain_english_summary":"This order fixes the numerical cap used by the Defamation Act 2005: for the purposes of section 35(1) of the Act, the ‘maximum damages amount’ from 1 July 2011 is declared to be $324,000. It therefore affects anyone in defamation proceedings (claimants, defendants and their insurers) because courts must apply this statutory ceiling when awarding damages. The executive sets the dollar parameter by regulation; judges apply it when calculating awards under the Act."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2011","history":"/api/acts/defamation-order-2011/history","analysis":"/api/acts/defamation-order-2011/analysis","conflicts":"/api/acts/defamation-order-2011/conflicts","importantCases":"/api/acts/defamation-order-2011/important-cases","documents":"/api/acts/defamation-order-2011/documents"}}