{"id":"tas:sr-2024-013","name":"Defamation Order 2024","slug":"defamation-order-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"13 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174614,"registerId":"tas-sr-2024-013-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 2024](/view/html/inforce/2026-04-12/sr-2024-013) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Maximum damages amount","content":"### 3 Maximum damages amount\n\n> For the purposes of [section 35(3) of the](/view/html/inforce/2026-04-12/act-2005-073#GS35@Gs3@EN) [Defamation Act 2005](/view/html/inforce/2026-04-12/act-2005-073) , the maximum damages amount that is to apply from 1 July 2024 is declared to be $478 500.\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 19 June 2024\n\nThis order is administered in the Department of Justice.","sortOrder":2}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This order performs exactly the function intended by section 35(3) of the Defamation Act 2005 — periodically updating the maximum damages amount. 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, straightforward declaration of a monetary amount"],"plain_english_summary":"This is a short, technical order that updates the maximum amount of money someone can be awarded in a defamation lawsuit in Australia.\n\n**What it does:**\n- Sets the **maximum damages** (compensation money) for defamation cases at **$478,500** starting from 1 July 2024.\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 in these cases\n\n**Why it matters:**\n- The Defamation Act 2005 puts a cap on how much you can get for non-economic loss (pain and suffering to your reputation, as opposed to actual financial losses like lost wages).\n- This order updates that cap to account for inflation and changing economic conditions.\n- It ensures the limit stays current and meaningful over time.\n\n**Key point:** This doesn't change the law itself — it just updates a dollar figure in the existing law."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to determine whether the scope of this Order changed from any original drafting intent. The document contains only status and administrative information."},"complexity_factors":["Only administrative metadata was provided — the substantive operative provisions are absent, preventing full complexity assessment","Defamation law itself can be highly complex, but this is a subordinate instrument (Order) rather than a principal Act, which typically narrows scope","As a 2024 instrument, it likely interacts with Tasmania's model defamation law reforms, which adds some interpretive layering"],"plain_english_summary":"The Defamation Order 2024 (Tasmania) is a subordinate instrument (SR‑2024‑013) updating Tasmania’s defamation framework and commenced on 1 July 2024. The available file contains only administrative metadata; the substantive provisions are not included, so precise changes can’t be confirmed.\n\nIt potentially affects people alleging defamation, publishers, journalists and businesses — anyone involved in Tasmanian defamation disputes should consult the full instrument."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not change who or what is covered by the Defamation Act; it only declares the monetary maximum that applies under section 35(3) from 1 July 2024. No substantive expansion or contraction of legal scope is effected by the text."},"complexity_factors":["Single, discrete substantive change: sets a numeric ceiling ($478,500) rather than amending multiple provisions.","Direct link to existing statute: declares amount for application under Defamation Act 2005 s35(3) (as cited in the order).","Immediate and clear commencement date (1 July 2024) — no phased implementation or transitional rules in the instrument.","Low administrative discretion: the order is declarative (numeric figure) and administered by the Department of Justice.","Operational impact concentrated on courts, litigants and insurers who must apply the new cap in damages assessments and settlement calculations."],"plain_english_summary":"This order fixes the maximum monetary cap for defamation awards under section 35(3) of the Defamation Act 2005 at $478,500, effective 1 July 2024. It applies to plaintiffs and defendants in Australian defamation proceedings by changing the ceiling on non‑economic damages and therefore alters settlement leverage and potential defendant exposure; the order is administered by the Department of Justice."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2024","history":"/api/acts/defamation-order-2024/history","analysis":"/api/acts/defamation-order-2024/analysis","conflicts":"/api/acts/defamation-order-2024/conflicts","importantCases":"/api/acts/defamation-order-2024/important-cases","documents":"/api/acts/defamation-order-2024/documents"}}