{"id":"tas:sr-2013-031","name":"Defamation Order 2013","slug":"defamation-order-2013","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"31 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187723,"registerId":"tas-tas:sr-2013-031-current","compilationNumber":null,"startDate":"2026-04-05","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 2013](/view/html/inforce/2026-04-12/sr-2013-031) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2013.","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 2013 is declared to be $355 500.\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 19 June 2013\n\nThis order is administered in the Department of Justice.","sortOrder":3}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to determine whether the scope of this Order changed from its original intent. The instrument appears to have remained in continuous force since 1 July 2013 with only minor amendments, suggesting no major scope shift."},"complexity_factors":["Only administrative/metadata content was provided — no substantive legal provisions are visible, making meaningful complexity assessment impossible","Subordinate legislation (an Order under an Act) adds a layer of interpretive dependency on the parent Act","Defamation law itself can be moderately complex, but this instrument appears narrow in scope"],"plain_english_summary":"The Defamation Order 2013 (Tas.) is a Tasmanian subordinate instrument within the state’s uniform defamation law framework. The order commenced on 1 July 2013, is current and has been amended; the provided material contains only administrative metadata, not the operative text. It would be relevant to individuals, publishers, media organisations and some businesses concerned with defamation remedies or limits, but the specific effects cannot be confirmed here."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation performs exactly its intended function: setting a specific monetary figure as required by section 35(1) of the Defamation Act 2005. It has not expanded beyond this narrow, technical purpose."},"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 parent Act","No procedural requirements or enforcement mechanisms","Purpose-built as a monetary update instrument — essentially a legislative 'fill in the blank'"],"plain_english_summary":"This is a short, technical piece of legislation 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** (the highest possible payout) for defamation cases at **$355,500** starting from 1 July 2013.\n- This figure applies to lawsuits where someone sues another person for damaging their reputation.\n\n**Who it affects:**\n- Anyone involved in defamation litigation in Australia — plaintiffs (people suing), defendants (people being sued), and their lawyers.\n- The general public indirectly, as it caps the financial risk of publishing controversial material.\n\n**Why it matters:**\n- Defamation law allows people to sue when false statements harm their reputation. Without a cap, damages could theoretically be unlimited, creating uncertainty for publishers and media organisations.\n- This order provides a clear ceiling, making it easier to assess legal risks and insurance needs.\n- The amount is indexed (adjusted for inflation) over time, so this 2013 figure has since been updated by later orders.\n\n**Key context:**\n- This order operates under the *Defamation Act 2005* — a law that standardised defamation rules across Australian states and territories.\n- Section 35 of that Act requires this specific order to declare the maximum damages figure."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order does not expand or narrow who or what the Defamation Act covers. It only declares the dollar figure that constitutes the 'maximum damages amount' for the Act's section 35(1), effective 1 July 2013 (Order ss3–4), and therefore changes the monetary ceiling but not the Act's substantive scope."},"complexity_factors":["Very narrow subject-matter: single numeric declaration of maximum damages (Order s4).","Dependent on statutory definition and operation in the Defamation Act 2005 (Order s3 references Act and s35(1)).","Clear commencement date reduces temporal ambiguity (Order s2).","No procedural or substantive rule changes—limited regulatory complexity.","Potential interpretive questions (e.g. currency/value timing, interaction with indexation or later amendments) are not addressed in the instrument.","Low administrative and compliance burden for courts and parties; effect is chiefly economic/contractual."],"plain_english_summary":"This order sets the statutory cap for defamation damages under section 35(1) of the Defamation Act 2005 at $355,500, effective 1 July 2013 (Order ss2–4). Mechanically, it limits the maximum amount a court may award for a defamation claim, so defendants (or their insurers) are the parties who would pay any award and claimants’ recoveries are capped. The instrument does not change liability rules or procedures; it simply fixes a monetary ceiling that affects settlement incentives, litigation risk and insurance exposure."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2013","history":"/api/acts/defamation-order-2013/history","analysis":"/api/acts/defamation-order-2013/analysis","conflicts":"/api/acts/defamation-order-2013/conflicts","importantCases":"/api/acts/defamation-order-2013/important-cases","documents":"/api/acts/defamation-order-2013/documents"}}