{"id":"tas:sr-2023-026","name":"Defamation Order 2023","slug":"defamation-order-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"26 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179246,"registerId":"tas-tas:sr-2023-026-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 2023](/view/html/inforce/2026-04-12/sr-2023-026) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2023.","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 2023 is declared to be $459 000.\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 7 June 2023\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 available in the provided text to assess whether the scope of this Order changed from any original intent. No operative provisions, explanatory memoranda, or amendment history details were included in the text supplied."},"complexity_factors":["The document provided contains only metadata and status information — no operative legal provisions are visible, making substantive analysis impossible.","Defamation law itself can be moderately complex (involving tests for publication, identification, and defamatory meaning), but this instrument's specific content is unknown.","As a statutory instrument under a uniform national scheme, it likely interacts with both Tasmanian and national defamation law frameworks, which adds a layer of cross-jurisdictional consideration."],"plain_english_summary":"This statutory instrument is a Tasmanian Defamation Order that came into force on 1 July 2023 and remains current. It sits within Tasmania’s Defamation Act 2005 framework and the national defamation scheme, so it affects how defamation claims — and limits on reputation‑harming statements — are administered in Tasmania.\n\nThe operative text of the Order wasn’t provided here, so its specific rules or thresholds aren’t available; consult the full instrument on the Tasmanian legislation website to see how it affects you."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended: updating a statutory damages cap. It has not expanded beyond its narrow, specific purpose."},"complexity_factors":["Only 3 operative sections","No defined terms","No cross-references beyond a single citation to the parent Act","Single, unambiguous numerical declaration","No conditional logic, exceptions, or procedural requirements"],"plain_english_summary":"This is a short, technical update to Australia's defamation laws. It sets the **maximum amount of money** that a court can award someone who has won a defamation lawsuit.\n\n**What it does:**\n- Declares that from 1 July 2023, the **cap on damages** (the upper limit on compensation) for defamation cases is **$459,000**.\n\n**Who it affects:**\n- Anyone suing for defamation in Australia (where the state or territory has adopted the Model Defamation Provisions).\n- Judges who must apply this cap when awarding compensation.\n- People defending defamation claims, who now know the maximum financial exposure.\n\n**Why it matters:**\n- Defamation law lets people sue when someone publishes something false that damages their reputation. Money awarded is meant to compensate for hurt to reputation and personal distress — not to punish.\n- This figure gets updated periodically to account for inflation and economic changes. The previous amount was lower; this raises the ceiling.\n- It creates certainty: plaintiffs know the most they can get, and defendants know their worst-case financial risk.\n\n**Key context:** This order operates under the *Defamation Act 2005*, which is the main law governing defamation across most Australian states and territories."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order does not alter which matters fall within the Defamation Act; it only declares the maximum damages amount that applies under s35(1) from the specified commencement date. It changes the monetary ceiling but not the Act's substantive coverage or eligibility rules."},"complexity_factors":["Single, clear operative change: declaration of a single monetary figure ($459,000)","Legal cross-reference: effect depends on interpretation and operation of s35(1) of the Defamation Act 2005","Temporal element: specified commencement date (1 July 2023) requiring coordination with case timing","Administrative traceability: formal notification and Department of Justice administration (Gazette notice)","Practical downstream effects: implications for courts' awards, defendants' liabilities and insurers' exposure despite low drafting complexity"],"plain_english_summary":"This instrument fixes the statutory cap on defamation damages for the purposes of section 35(1) of the Defamation Act 2005. Effective 1 July 2023, it declares the maximum damages amount to be $459,000. Mechanically, courts, parties and insurers use this number as the ceiling when assessing awards under s35(1). The order is administered by the Department of Justice and was notified in the Gazette on 7 June 2023."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2023","history":"/api/acts/defamation-order-2023/history","analysis":"/api/acts/defamation-order-2023/analysis","conflicts":"/api/acts/defamation-order-2023/conflicts","importantCases":"/api/acts/defamation-order-2023/important-cases","documents":"/api/acts/defamation-order-2023/documents"}}