{"id":"tas:sr-2019-044","name":"Defamation Order 2019","slug":"defamation-order-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"44 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184483,"registerId":"tas-tas:sr-2019-044-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 2019](/view/html/inforce/2026-04-12/sr-2019-044) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2019.","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 2019 is declared to be $407 500.\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 26 June 2019\n\nThis order is administered in the Department of Justice.","sortOrder":2}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient operative content is available in the provided document to assess whether the scope changed from the original intent. Only administrative metadata was supplied."},"complexity_factors":["Document provided contains only metadata and administrative information — no operative legal provisions are present","Subordinate legislation (an Order) adds a layer of legal hierarchy requiring reference to the parent Act for full context","Defamation law itself can be complex, but this document does not expose that complexity"],"plain_english_summary":"## Defamation Order 2019 (Tasmania)\n\nThis is a Tasmanian subordinate instrument (a legal order made under an existing Act) related to defamation law. Unfortunately, the document provided contains only **administrative metadata** — status information, amendment tables, and authorship details — rather than the actual operative content of the Order itself.\n\n**What we can tell:**\n- It came into force on **1 July 2019** and remains current.\n- It was made under Tasmania's defamation legislation framework.\n- Defamation law generally deals with protecting people's reputations from false statements made publicly.\n\n**What we cannot tell from this document:**\n- What specific rules, thresholds, or definitions this Order actually sets.\n- Who specifically it affects or what obligations/rights it creates.\n\nWithout the operative clauses, it is not possible to give a meaningful plain English summary of what this Order actually *does* to real people."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order does not change who is covered by the Defamation Act or procedural rules; it only declares the numeric maximum damages amount that applies from 1 July 2019 (see sections 2 and 3)."},"complexity_factors":["Single operative provision declaring a numeric figure (section 3)","Direct reference to an existing statutory provision (Defamation Act 2005, s35(1))","Fixed commencement date (section 2) simplifies implementation","No new administrative procedures or discretionary powers created","Immediate financial effect on damages exposure for litigants","Low interpretive ambiguity — a clear monetary cap"],"plain_english_summary":"This order sets the maximum defamation damages at $407,500 for the purposes of section 35(1) of the Defamation Act 2005, effective 1 July 2019. It affects plaintiffs seeking monetary relief and defendants who may be ordered to pay damages by capping the award amount (`s3`). The instrument only fixes a numeric ceiling and a commencement date (`s2`); procedural rules, eligibility to sue, and other liabilities remain governed by the Defamation Act."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation performs exactly its intended function: setting a specific monetary cap for defamation damages. There is no scope creep or expansion beyond this narrow administrative 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 a single citation to the parent Act","Straightforward administrative instrument with no policy discretion or interpretive ambiguity"],"plain_english_summary":"This is a short legal instrument that sets the upper limit on how much money someone can be awarded for winning a defamation lawsuit in Australia.\n\n**What it does:**\n- Sets the **maximum damages amount** for defamation cases at **$407,500** (effective from 1 July 2019)\n- This cap applies to non-economic loss — that is, compensation for harm to reputation, hurt feelings, and distress (as opposed to actual financial losses like lost income, which can be claimed separately)\n\n**Who it affects:**\n- Anyone suing for defamation in Australia\n- Judges determining how much to award successful plaintiffs\n- Media organisations, publishers, and anyone potentially facing defamation claims\n\n**Why it matters:**\n- Defamation law lets people sue when someone publishes false statements that damage their reputation\n- Without a cap, juries might award enormous sums (as happened in some high-profile cases overseas)\n- This order limits the \"pain and suffering\" component of defamation payouts, keeping awards predictable and preventing excessive penalties against publishers\n- The amount is indexed and updated periodically — this 2019 figure replaced the previous amount"}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2019","history":"/api/acts/defamation-order-2019/history","analysis":"/api/acts/defamation-order-2019/analysis","conflicts":"/api/acts/defamation-order-2019/conflicts","importantCases":"/api/acts/defamation-order-2019/important-cases","documents":"/api/acts/defamation-order-2019/documents"}}