{"id":"tas:sr-2012-045","name":"Defamation Order 2012","slug":"defamation-order-2012","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"45 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313508,"registerId":"tas-tas:sr-2012-045-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 2012](/view/html/inforce/2026-04-12/sr-2012-045) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2012.","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 2012 is declared to be $339 000.\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 27 June 2012\n\nThis order is administered in the Department of Justice.","sortOrder":3}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"No scope change can be assessed. The document contains only administrative metadata — no original intent or operative provisions are visible to compare against any later amendments. The instrument appears unchanged since its commencement in 2012."},"complexity_factors":["The document provided is a status/metadata page only — no substantive legal provisions are reproduced, making meaningful analysis impossible","Delegated legislation (statutory instruments/orders) can be inherently harder to navigate than Acts because they depend on a parent Act for context","Defamation law itself involves nuanced balancing of reputation rights against free speech, but this document does not expose that complexity","Jurisdictional limitation to Tasmania adds minor complexity in understanding its relationship to national uniform defamation law"],"plain_english_summary":"This instrument records a Tasmanian defamation Order in force from 1 July 2012 but contains no operative provisions — it’s effectively a metadata/status entry. It’s relevant to anyone in Tasmania involved in defamation disputes (individuals, media, businesses) because it purports to supplement the Defamation Act 2005, yet the actual text is required to know rights or obligations."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This order performs exactly its intended function: setting the initial maximum damages amount under the Defamation Act 2005. It has not expanded beyond this narrow, specific purpose."},"complexity_factors":["Only 4 operative sections","2 defined terms, both referencing external legislation","Single substantive provision (section 4) containing one number ($339,000) and one date","No conditional logic, exceptions, or procedural requirements","Total length: approximately 150 words of substantive content"],"plain_english_summary":"This is a short, technical order that sets a dollar limit on how much money someone can win in a defamation lawsuit.\n\n**What it does:**\n- Sets the **maximum damages amount** at **$339,000** for defamation cases starting from 1 July 2012.\n\n**What this means:**\n- **Damages** = money compensation that a court can order someone to pay for harming another person's reputation.\n- **Defamation** = saying or publishing something false that damages someone's reputation (this is covered by the main *Defamation Act 2005*).\n\n**Who it affects:**\n- Anyone suing for defamation in Australia from 1 July 2012 onwards — they cannot be awarded more than $339,000 in damages (though courts can award less).\n- The figure is indexed (adjusted for inflation) over time under the main Act, but this order set the starting point.\n\n**Why it matters:**\n- It puts a cap on defamation payouts, preventing potentially unlimited jury awards. This was part of national reforms to make defamation law consistent across Australian states and territories."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"No. The Order does not alter who is covered or the substantive tests in the Defamation Act; it only declares the maximum damages amount to apply from 1 July 2012 (s4), using the definitions linked in s3 and the operation set out in s35(1) of the Act."},"complexity_factors":["Narrow, single-purpose instrument: declares a numeric cap rather than changing legal tests (s4)","Depends on external statutory definition and operation in the Defamation Act 2005 (reference to s35(1))","Simple commencement provision with clear date (1 July 2012)","Minimal interpretive content — contains only a short title, commencement, definition linkage, and the declared amount (ss1–4)","Administrative metadata only (Gazette notice, Department of Justice administration) which do not affect legal operation"],"plain_english_summary":"This Order fixes the maximum damages amount used under the Defamation Act 2005. It takes effect on 1 July 2012 and declares the maximum damages amount to be $339,000 for the purposes of section 35(1) of the Act (s4). \n\nMechanically, courts will apply this statutory cap when awarding damages under s35(1); that sets the upper monetary limit plaintiffs can recover and the potential payment defendants may be ordered to make. The Order does not amend other parts of the Act (s3–4)."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2012","history":"/api/acts/defamation-order-2012/history","analysis":"/api/acts/defamation-order-2012/analysis","conflicts":"/api/acts/defamation-order-2012/conflicts","importantCases":"/api/acts/defamation-order-2012/important-cases","documents":"/api/acts/defamation-order-2012/documents"}}