{"id":"tas:sr-2015-036","name":"Defamation Order 2015","slug":"defamation-order-2015","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"36 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186427,"registerId":"tas-tas:sr-2015-036-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 2015](/view/html/inforce/2026-04-12/sr-2015-036) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2015.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Maximum damages amount","content":"### 3 Maximum damages amount\n\n> For the purposes of [section 35(1) of the](/view/html/inforce/2026-04-12/act-2005-073#GS35@Gs1@EN) [Defamation Act 2005](/view/html/inforce/2026-04-12/act-2005-073) , the maximum damages amount that is to apply from 1 July 2015 is declared to be $367 500.\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 17 June 2015\n\nThis order is administered in the Department of Justice.","sortOrder":2}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, there is no evidence of scope change from original intent. The Order appears to have been in continuous force since 1 July 2015 without substantive amendment, suggesting it remains consistent with its original purpose of prescribing specific matters (likely a damages threshold) under the Defamation Act 2005."},"complexity_factors":["The document provided contains virtually no substantive legislative content — only administrative metadata","Subordinate legislation of this type is typically short and narrow in scope","Likely contains only a single prescribed monetary figure or limited list of matters","No amending instruments visible to assess accumulated complexity","Context-dependent complexity — must be read alongside the parent Defamation Act 2005 to be meaningful"],"plain_english_summary":"This subordinate instrument likely prescribes monetary thresholds under Tasmania’s Defamation Act 2005—for example, the cap on non‑economic damages—though the provided file contained only administrative metadata and not the operative text.  \n\nIt matters to Tasmanians who are alleged to have been defamed or who publish potentially defamatory material, and to lawyers and courts, because any such order fixes the financial limits on claims for harm to reputation."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Order does not change the substantive scope or eligibility under the Defamation Act 2005. It solely sets (for 1 July 2015) the quantum cap that s35(1) requires courts to use (see section 3), altering damages magnitude but not who or what the Act covers."},"complexity_factors":["Single, short provision that declares a single monetary figure (section 3) — low drafting complexity.","Direct statutory linkage to Defamation Act 2005 s35(1) (section 3) — the Order has effect only through that provision.","Requires an instrument to change the amount in future — operationally simple but administratively binary (set/changed by order).","Immediate practical effects on private parties (claimants, defendants, insurers) because it fixes maximum recoverable damages — policy impact concentrated, legal mechanism simple.","Commencement date specified (section 2) — clear temporal effect; no transitional rules included, so application is immediate from that date.","No judicial or executive discretion created within the Order itself — it is formulaic rather than discretionary, lowering interpretive complexity."],"plain_english_summary":"This Order fixes the maximum damages payable in defamation cases under the Defamation Act 2005 at $367,500, effective 1 July 2015. Mechanically, it sets the monetary ceiling courts must apply when awarding damages (linking to s35(1) of the Act). \n\nThe cap directly affects claimants, defendants and their insurers by defining the highest possible award, and therefore alters settlement incentives, litigation valuations and insurance exposure without changing who is covered by the Act."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This order performs exactly the narrow, technical function it was designed for: setting a statutory damages cap. It has not expanded beyond this purpose."},"complexity_factors":["Extremely short: only 3 operative sections","No defined terms section — relies entirely on the parent Act","Single, straightforward declaration of a monetary amount","No conditional logic, exceptions, or cross-references beyond one citation to the enabling Act","No procedural requirements or enforcement mechanisms"],"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** for defamation cases at **$367,500** (effective from 1 July 2015)\n- \"Damages\" means the money a court can order someone to pay for harming another person's reputation\n\n**Who it affects:**\n- Anyone suing for defamation (the person claiming their reputation was damaged)\n- Anyone being sued for defamation (the person accused of making the harmful statement)\n- Judges who must apply this cap when awarding compensation\n\n**Why it matters:**\n- This figure acts as a ceiling — even if a jury thinks someone's reputation was severely damaged, they cannot award more than this amount for **non-economic loss** (pain, suffering, and hurt to feelings — not lost income or medical bills)\n- It provides certainty for both sides about the financial risk of defamation litigation\n- The amount is set by the government (not Parliament) under powers given by the Defamation Act 2005, allowing it to be updated over time without passing new laws"}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2015","history":"/api/acts/defamation-order-2015/history","analysis":"/api/acts/defamation-order-2015/analysis","conflicts":"/api/acts/defamation-order-2015/conflicts","importantCases":"/api/acts/defamation-order-2015/important-cases","documents":"/api/acts/defamation-order-2015/documents"}}