{"id":"tas:sr-2021-035","name":"Defamation Order 2021","slug":"defamation-order-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"35 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182145,"registerId":"tas-tas:sr-2021-035-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 2021](/view/html/inforce/2026-04-12/sr-2021-035) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2021.","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 2021 is declared to be $432 500.\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 16 June 2021\n\nThis order is administered in the Department of Justice.","sortOrder":2}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This order performs exactly the function intended by section 35(1) of the Defamation Act 2005 — to periodically update the maximum damages cap. There is no scope creep."},"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 dollar amount"],"plain_english_summary":"This is a short, technical order that updates the maximum amount of money someone can win in a defamation lawsuit in Australia.\n\n**What it does:**\n- Sets the **maximum damages** (compensation money) for defamation cases at **$432,500** starting from 1 July 2021.\n\n**Who it affects:**\n- Anyone suing for defamation (where someone has damaged their reputation)\n- Anyone being sued for defamation\n- Courts deciding how much money to award\n\n**Why it matters:**\n- Defamation law caps how much you can get for non-economic loss (pain and suffering to your reputation, as opposed to actual financial losses like lost wages). This order updates that cap to reflect inflation or policy changes.\n- The amount applies across Australian states and territories that have adopted the uniform Defamation Act 2005.\n\n**Key point:** This doesn't change the law itself — it just updates a dollar figure in the existing Defamation Act 2005."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this Order changed from its original intent. It appears to have commenced as planned on 1 July 2021 and remains in force without apparent amendment to its scope."},"complexity_factors":["Only administrative metadata was provided — the substantive content of the Order is absent, limiting full analysis","Defamation law itself is moderately complex, involving balancing competing rights (free speech vs. reputation)","As a subordinate instrument (Order), it derives its authority from a parent Act, requiring cross-referencing to understand its full effect","The 2021 national defamation law reforms involved multiple interacting changes across jurisdictions, adding interpretive complexity","Short and likely narrow in scope, which reduces overall complexity"],"plain_english_summary":"This Tasmanian legislative instrument, dated to take effect 1 July 2021, appears to implement or align with the national 2021 reforms to Australia’s defamation law. It affects anyone who publishes or is accused of publishing reputationally damaging material in Tasmania—journalists, bloggers, social media users, media organisations and online platforms—and claimants seeking redress.\n\nIt matters because those reforms reshaped defamation thresholds and online-publisher rules, but the instrument’s substantive text wasn’t provided, so specific details can’t be confirmed."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order does not change who may bring or defend defamation claims or the legal tests; it only declares the monetary ceiling required by section 35(1) of the Defamation Act 2005."},"complexity_factors":["Single, fixed numerical declaration (the order only specifies a dollar amount).","Direct cross-reference to section 35(1) of the Defamation Act 2005 — the order has legal effect only through that primary statute.","Specified commencement date (1 July 2021) requires courts and parties to apply the figure from that day.","Administrative formality: Gazette notification and Department of Justice administration.","Practical interaction with judicial assessment of damages and with insurers/publishers' exposure, despite no change to substantive law in this instrument."],"plain_english_summary":"This order fixes the maximum non-economic damages for defamation at $432,500 for the purposes of section 35(1) of the Defamation Act 2005, effective 1 July 2021. It applies to defamation claimants, defendants (and their insurers) and courts by setting the top award a court may make, thereby changing monetary exposure and settlement incentives while leaving the underlying defamation law and judicial discretion intact."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2021","history":"/api/acts/defamation-order-2021/history","analysis":"/api/acts/defamation-order-2021/analysis","conflicts":"/api/acts/defamation-order-2021/conflicts","importantCases":"/api/acts/defamation-order-2021/important-cases","documents":"/api/acts/defamation-order-2021/documents"}}