{"id":"tas:sr-2014-059","name":"Defamation Order 2014","slug":"defamation-order-2014","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"59 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187595,"registerId":"tas-tas:sr-2014-059-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 2014](/view/html/inforce/2026-04-12/sr-2014-059) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2014.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Maximum damages amount","content":"### 3 Maximum damages amount\n\n> > (1)  In this clause –\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.\n> \n> > (2)  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 2014 is declared to be $366 000.\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 25 June 2014\n\nThis order is administered in the Department of Justice.","sortOrder":2}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Order appears to remain within its original administrative scope supporting the Defamation Act 2005 (Tas), with no evidence of scope expansion since commencement on 1 July 2014."},"complexity_factors":["Delegated/subordinate legislation requiring knowledge of the parent Act to fully understand","Defamation law itself involves nuanced balancing of reputation rights against free speech","Full operative text not provided, limiting analysis","Cross-jurisdictional uniform defamation law scheme adds context complexity"],"plain_english_summary":"This short Tasmanian administrative instrument (2014) supplements the Defamation Act 2005 by prescribing specific operational details — for example procedural rules, monetary caps or approved bodies — that shape how defamation claims are handled. It affects Tasmanians who are defamed, those accused of defamation, and media/publishers, because it refines how reputation protections and remedies are applied. The instrument’s full operative text wasn’t provided here."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This legislation serves its original narrow purpose: to set a specific monetary figure for maximum defamation damages as required by section 35(1) of the Defamation Act 2005. It has not expanded beyond this technical, administrative function."},"complexity_factors":["Extremely short: only 3 operative clauses","Single substantive provision (clause 3) containing only a defined term and a monetary declaration","No conditional logic, exceptions, or procedural requirements","Only 2 defined terms, both referencing external legislation rather than creating new definitions","No cross-references beyond the parent Act and one section"],"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 a defamation lawsuit in Australia.\n\n**What it does:**\n- Sets the **maximum damages amount** (the highest possible compensation payment) for defamation cases at **$366,000** starting from 1 July 2014.\n- This figure applies under the *Defamation Act 2005*, which is the main law governing defamation (the legal term for damaging someone's reputation through false statements) across Australian states and territories.\n\n**Who it affects:**\n- Anyone involved in defamation litigation — people suing for damage to their reputation, and people being sued.\n- Judges who must apply this cap when awarding compensation.\n\n**Why it matters:**\n- This figure acts as a ceiling on compensation payouts. Even if someone proves serious harm to their reputation, they cannot receive more than this amount in general damages (though other types of compensation might still be available).\n- The amount is periodically updated to account for inflation and changes in the economy — this 2014 order simply sets the specific figure for that time period."},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The instrument only updates the monetary cap that courts use under s.35(1) of the Defamation Act 2005; it does not change who the Act covers or other substantive rules. It declares the amount ($366,000) and the commencement date (1 July 2014) (cl.3(2); cl.2)."},"complexity_factors":["Single operative change: declares a numeric maximum damages amount (cl.3(2)).","Relies on cross-reference to the Defamation Act 2005 and the Act’s defined term 'maximum damages amount' (cl.3(1); s.35(1) of the Act).","Straightforward commencement provision fixing the effective date (cl.2).","No new procedures, offences or regulatory regimes introduced—administration noted but no implementation steps required (administered by Department of Justice).","Low compliance and administrative burden: affects damage assessment only, not substantive liability rules."],"plain_english_summary":"This order sets the maximum damages figure used under the Defamation Act 2005: from 1 July 2014 the cap is $366,000 (cl.3(2); s.35(1) of the Act). It takes effect 1 July 2014 (cl.2). It affects plaintiffs and defendants in defamation proceedings by fixing the top award a court may make, so courts apply this cap when assessing damages and parties’ exposure and settlement incentives change accordingly."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2014","history":"/api/acts/defamation-order-2014/history","analysis":"/api/acts/defamation-order-2014/analysis","conflicts":"/api/acts/defamation-order-2014/conflicts","importantCases":"/api/acts/defamation-order-2014/important-cases","documents":"/api/acts/defamation-order-2014/documents"}}