{"id":"tas:sr-2017-029","name":"Defamation Order 2017","slug":"defamation-order-2017","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"29 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186032,"registerId":"tas-tas:sr-2017-029-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 2017](/view/html/inforce/2026-04-12/sr-2017-029) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2017.","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 2017 is declared to be $389 500.\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 7 June 2017\n\nThis order is administered in the Department of Justice.","sortOrder":2}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order implements the mechanism in s35(1) of the Defamation Act 2005 by declaring the dollar cap for damages; it does not alter who can bring defamation claims, the available defences, or substantive liability rules (see s3)."},"complexity_factors":["Single operative provision: one section (s3) fixes a monetary amount.","Direct reference to external statute: implements s35(1) of the Defamation Act 2005.","Fixed commencement date (1 July 2017) clarifies temporal effect.","Low drafting complexity: no substantive changes to legal tests, procedures, or definitions.","Administrative dependency: future changes require a new order, creating minor ongoing administrative action."],"plain_english_summary":"This regulation declares the maximum monetary cap for defamation damages under the Defamation Act 2005 as $389,500, effective 1 July 2017 (see s3). It matters to people bringing or defending defamation claims because it limits the top award a court can give: claimants cannot recover more than this amount, and respondents face exposure up to this cap. The amount is set by this statutory instrument and is administered by the Department of Justice."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence that the scope of this Order changed from its original intent. It appears to have remained unchanged since commencement on 1 July 2017, with no amending instruments apparent from the metadata."},"complexity_factors":["Delegated legislation (an Order rather than a primary Act), which requires understanding of the parent Act to interpret properly","Limited text available — the operative provisions are not included, making full analysis impossible","Interplay with nationally harmonised defamation law adds a layer of jurisdictional complexity","Short instrument with narrow administrative scope, keeping overall complexity low"],"plain_english_summary":"This Order, made under Tasmania’s Defamation Act, prescribes administrative and procedural details—such as monetary thresholds, prescribed bodies, or steps to be taken—that support how defamation law operates in practice.  \n\nIt affects Tasmanians who make or defend defamation claims (including media and publishers) and the lawyers who represent them, because those procedural rules can shape whether and how a person sues, what remedies are available, and the practical path of a defamation dispute."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly its intended function: updating a statutory monetary cap. It has not expanded beyond its original narrow purpose of setting the maximum damages amount under section 35(1) of the Defamation Act 2005."},"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 the single citation to the parent Act","Straightforward administrative instrument with no policy discretion or procedural requirements"],"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 **$389,500** (effective from 1 July 2017)\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 (libel or slander) in Australia\n- Courts deciding how much compensation to award in defamation cases\n\n**Why it matters:**\n- It caps the amount of money that can be awarded for non-economic loss (pain and suffering to reputation, rather than actual financial loss)\n- This prevents runaway jury awards and creates predictability in defamation cases\n- The amount is indexed and updated periodically — this 2017 figure replaced an earlier amount\n\n**Key context:**\n- This order operates under the *Defamation Act 2005*, which standardised defamation law across Australian states and territories\n- The $389,500 figure was the updated cap that applied from mid-2017"}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2017","history":"/api/acts/defamation-order-2017/history","analysis":"/api/acts/defamation-order-2017/analysis","conflicts":"/api/acts/defamation-order-2017/conflicts","importantCases":"/api/acts/defamation-order-2017/important-cases","documents":"/api/acts/defamation-order-2017/documents"}}