{"id":"tas:sr-2020-043","name":"Defamation Order 2020","slug":"defamation-order-2020","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"43 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182626,"registerId":"tas-tas:sr-2020-043-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 2020](/view/html/inforce/2026-04-12/sr-2020-043) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2020.","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 2020 is declared to be $421 000.\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 1 July 2020\n\nThis order is administered in the Department of Justice.","sortOrder":2}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content is present in the provided document to assess whether the scope of this Order changed from its original intent. The document contains only status and metadata information, not the substantive provisions of the Order."},"complexity_factors":["Only administrative metadata is present in the provided text — no substantive legal provisions are available for analysis","Defamation law as a field can be moderately complex, but the instrument type (a statutory order) is typically narrower and more focused than primary legislation","As subordinate legislation, it operates within the framework of a parent Act, adding a layer of interpretive dependency","Complexity cannot be fully assessed without the operative content of the Order"],"plain_english_summary":"This is a Tasmanian subordinate instrument about defamation, in force from 1 July 2020 and continuously operative. The provided file contains only administrative metadata, not the Order’s operative provisions, so its specific rules can’t be reported here. Defamation instruments matter because they set legal remedies and limits for reputation‑harming publications."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This order does not change who may claim, the defences, or liability rules under the Defamation Act; it only sets the monetary maximum for damages under s 35(1) effective 1 July 2020. The substantive scope and processes remain governed by the Act."},"complexity_factors":["Single, explicit operative clause declaring a numeric cap ($421,000).","Direct cross-reference to an external provision (section 35(1) of the Defamation Act 2005) for legal effect.","Simple commencement date (1 July 2020) — no phased implementation.","No contingent procedures, conditions, or administrative discretions in the text.","Legal effect depends on interpretation and application of the referenced Act, requiring reading with s 35(1).","Administrative note (Department of Justice) but no regulatory or enforcement mechanism in the order itself."],"plain_english_summary":"This order fixes the maximum amount of damages payable in defamation actions under section 35(1) of the Defamation Act 2005. From 1 July 2020 the cap is declared to be $421,000. It affects plaintiffs seeking damages, defendants who may be ordered to pay, and courts applying the Act; it reduces uncertainty about the top award and may influence settlement decisions and parties’ exposure to liability. The instrument is administered by the Department of Justice."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This order performs exactly its intended function: setting the maximum damages amount under section 35(1) of the Defamation Act 2005. It has not expanded beyond this narrow, technical purpose."},"complexity_factors":["Extremely short: only 3 operative sections","No defined terms","No cross-references beyond a single citation to the parent Act","No conditional logic or exceptions","Single substantive provision: a dollar amount declaration"],"plain_english_summary":"This is a short, technical order that sets the **maximum amount of money** someone can be awarded for winning a defamation lawsuit in Australia.\n\n**What it does:**\n- From 1 July 2020, the most a person can receive in damages (compensation) for defamation is **$421,000**.\n- This cap applies across all Australian states and territories that have adopted the uniform Defamation Act 2005.\n\n**Who it affects:**\n- Anyone suing for defamation (claiming someone damaged their reputation)\n- Anyone being sued for defamation (knowing the maximum financial risk)\n- Judges determining how much compensation to award\n\n**Why it matters:**\nWithout this order, there would be no legal limit on defamation payouts. The $421,000 figure represents the maximum \"general damages\" for non-economic loss—things like hurt feelings and loss of reputation. This keeps awards predictable and prevents excessive payouts. The amount is indexed and updated periodically by similar orders."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2020","history":"/api/acts/defamation-order-2020/history","analysis":"/api/acts/defamation-order-2020/analysis","conflicts":"/api/acts/defamation-order-2020/conflicts","importantCases":"/api/acts/defamation-order-2020/important-cases","documents":"/api/acts/defamation-order-2020/documents"}}