{"id":"tas:sr-2018-018","name":"Defamation Order 2018","slug":"defamation-order-2018","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"18 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184781,"registerId":"tas-tas:sr-2018-018-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 2018](/view/html/inforce/2026-04-12/sr-2018-018) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2018.","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 [Defamation Act 2005](/view/html/inforce/2026-04-12/act-2005-073) , the maximum damages amount that is to apply from 1 July 2018 is declared to be $398 500.\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 30 May 2018","sortOrder":2}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the substantive content of the Order was not included in the supplied document. No operative provisions are visible to compare against any original intent."},"complexity_factors":["Document is incomplete — only metadata/status information was provided, with no operative legal content to analyse","Defamation law itself can be moderately complex, but the nature and scope of this specific Order cannot be assessed from the available text","As a subordinate instrument, it operates within a broader legislative framework (the parent Act) that is not identified in the supplied text","Complexity score is kept low because there is genuinely insufficient content to rate meaningfully"],"plain_english_summary":"The Defamation Order 2018 (Tas.) is a Tasmanian subordinate instrument, in force from 1 July 2018 and current as of April 2026, that sits within the broader defamation law framework affecting anyone who publishes or is the subject of potentially defamatory material (individuals, media, businesses, online publishers). The supplied file contains only administrative metadata — the operative provisions are missing — so the Order’s specific rules, thresholds or obligations cannot be determined without the full text."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order does not change the substantive scope of the Defamation Act; it implements section 35(1) by declaring the numeric maximum damages amount (clause 3). It does not alter who may bring claims, the legal tests for defamation, or other remedies beyond setting the cap."},"complexity_factors":["Single operative declaration of a monetary cap (clause 3) — narrow, focused measure.","Cross-reference to section 35(1) of the Defamation Act 2005 — legal effect depends on that provision's terms.","Fixed commencement date (clause 2) — clear temporal application from 1 July 2018.","No procedural rules, criteria, indexing or formulae in the instrument — low administrative discretion.","Practical interaction with existing/future defamation proceedings and insurance arrangements may require case-by-case application."],"plain_english_summary":"This order sets the maximum non-economic damages payable in defamation cases under the Defamation Act 2005 at $398,500, effective 1 July 2018. It affects plaintiffs, defendants and their insurers by capping potential awards and thereby changing settlement incentives and insurer exposure."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This legislation serves exactly its original purpose: to set the maximum damages amount for defamation as required by section 35(1) of the Defamation Act 2005. It has not expanded beyond this narrow, specific function."},"complexity_factors":["Extremely short: only 3 operative sections","No defined terms","No cross-references beyond a single citation to section 35(1) of the Defamation Act 2005","No conditional logic or exceptions","Single substantive provision: declaring a monetary amount"],"plain_english_summary":"This is a very short piece of legislation that sets a single dollar figure for defamation lawsuits.\n\n**What it does:**\n- Sets the **maximum amount of money** that a court can award someone who wins a defamation case\n- The amount is **$398,500** (effective from 1 July 2018)\n\n**Who it affects:**\n- Anyone suing for defamation (claiming someone damaged their reputation)\n- Anyone being sued for defamation\n- Judges who must apply this cap when awarding damages\n\n**Why it matters:**\n- Defamation is when someone publishes false information that harms another person's reputation. If you win a defamation case, the court can order the other party to pay you money ('damages') to compensate for the harm.\n- This order puts a **legal ceiling** on that compensation—you cannot be awarded more than $398,500 for non-economic loss (things like hurt feelings and loss of reputation, as opposed to actual financial losses like lost wages).\n- This cap helps keep defamation awards predictable and prevents excessive payouts.\n\n**Context:**\n- This order operates under the *Defamation Act 2005*, which is the main law governing defamation across Australian states and territories.\n- The amount gets updated periodically to account for inflation."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2018","history":"/api/acts/defamation-order-2018/history","analysis":"/api/acts/defamation-order-2018/analysis","conflicts":"/api/acts/defamation-order-2018/conflicts","importantCases":"/api/acts/defamation-order-2018/important-cases","documents":"/api/acts/defamation-order-2018/documents"}}