{"id":"tas:sr-2016-034","name":"Defamation Order 2016","slug":"defamation-order-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"34 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186279,"registerId":"tas-tas:sr-2016-034-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 2016](/view/html/inforce/2026-04-12/sr-2016-034) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2016.","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 2016 is declared to be $381 000.\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 15 June 2016\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, the Order has been in force unchanged since 1 July 2016, suggesting its scope has remained consistent with its original intent. No amendments are indicated in the provided text."},"complexity_factors":["The substantive text of the Order was not provided, limiting full analysis","Defamation law itself can be complex, but subordinate instruments like Orders typically deal with narrow, defined matters","As a legislative instrument rather than a full Act, it is likely short and specific in scope","National uniformity of defamation law reduces the need for complex state-specific provisions"],"plain_english_summary":"This Tasmanian subordinate instrument, the Defamation Order 2016, supplements the Defamation Act 2005 by prescribing procedural or substantive details—likely things like damage limits, required forms or notices, or publisher classifications—to govern defamation disputes. \n\nIn force from 1 July 2016 and unchanged since, it affects anyone in Tasmania involved in defamation claims (claimants and defendants) because it shapes how reputational harms are remedied and litigated locally."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Order does not alter the substantive scope or tests of the Defamation Act; it only declares the maximum damages amount to apply from 1 July 2016 pursuant to section 35(1) of the Defamation Act 2005 (see clause 3)."},"complexity_factors":["Single operative provision setting a monetary figure (clause 3) — low textual complexity.","Cross‑reference to primary legislation: relies on s35(1) of the Defamation Act 2005 for legal effect (clause 3).","Commencement fixed to a specific date (clause 2) — straightforward implementation timing.","Requires periodic administrative update by instrument to change the amount (implied by fixed figure), creating operational dependence on further orders.","No procedural, definitional or enforcement details in the instrument — most legal mechanics remain in the primary Act."],"plain_english_summary":"This instrument declares that, from 1 July 2016, the maximum non‑aggravated damages award under section 35(1) of the Defamation Act 2005 is $381,000. It affects plaintiffs, defendants, insurers, publishers and courts by setting a statutory cap used in judgments and settlement calculations. The amount is issued by the Department of Justice and does not change the legal tests or who may bring or defend a defamation claim."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This legislation performs exactly the narrow function it was designed for: setting the statutory damages cap under the Defamation Act 2005. It has not expanded beyond this original purpose."},"complexity_factors":["Extremely short: only 3 operative sections","No defined terms section","Single substantive provision (section 3) containing one numerical declaration","No conditional logic, exceptions, or cross-references beyond one citation to the parent Act","Straightforward administrative instrument with no procedural requirements"],"plain_english_summary":"This is a very short 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** for defamation cases at **$381,000** starting from 1 July 2016.\n\n**Who it affects:**\n- Anyone suing for defamation (where someone has damaged their reputation) in Australia.\n- The courts, which cannot award more than this amount for non-economic loss (pain and suffering to reputation) unless there are special circumstances.\n\n**Why it matters:**\n- It caps the amount of money people can receive for harm to their reputation, keeping defamation awards predictable and preventing excessive payouts. This amount gets updated periodically by similar orders.\n\n**Key detail:**\n- This order operates under the **Defamation Act 2005** (the main law governing defamation), specifically section 35(1), which allows the government to set this cap via order."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2016","history":"/api/acts/defamation-order-2016/history","analysis":"/api/acts/defamation-order-2016/analysis","conflicts":"/api/acts/defamation-order-2016/conflicts","importantCases":"/api/acts/defamation-order-2016/important-cases","documents":"/api/acts/defamation-order-2016/documents"}}