{"id":"tas:sr-1999-142","name":"Proclamation under the Anti-Discrimination Act 1998","slug":"proclamation-under-the-anti-discrimination-act-1998","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"142 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318945,"registerId":"tas-tas:sr-1999-142-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Anti-Discrimination Act 1998","content":"> Proclamation under the Anti-Discrimination Act 1998\n\nI, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, by this my proclamation made under [section 2 of the](/view/html/inforce/2026-04-12/act-1998-046#GS2@EN) [Anti-Discrimination Act 1998](/view/html/inforce/2026-04-12/act-1998-046) fix 10 December 1999 as the day on which that Act commences.\n\n29 November 1999\n\nG. S. M. GREEN\n\nGovernor\n\nBy His Excellency's Command,\n\nJ. A. BACON\n\nFor and on behalf of the Minister for Justice and Industrial Relations\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 8 December 1999\n\nThis proclamation is administered in the Department Justice and Industrial Relations.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement instrument with a single, narrow purpose: to activate the parent Act. It has not expanded beyond its original intent."},"complexity_factors":["Single operative provision: fixing a commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act's commencement section)","No conditional logic or exceptions","Standard proclamation format following constitutional conventions","Total length: approximately 150 words of substantive content"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings the Tasmanian Anti-Discrimination Act 1998 into legal effect.\n\n**What it does:**\n- Sets **10 December 1999** as the date when the Anti-Discrimination Act 1998 officially starts operating\n- Without this proclamation, the Act would remain a 'law on paper' but unenforceable\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is essentially the state Cabinet)\n- Signed by Governor G. S. M. Green and counter-signed by Minister Jim Bacon\n\n**Why it matters:**\n- This is the legal trigger that activated Tasmania's main anti-discrimination law, making it illegal to discriminate based on attributes like age, race, sex, disability, sexual orientation, and other protected characteristics\n- It transformed the Act from a passed bill into a working law that people could use to make complaints and seek remedies\n\n**Key context:**\n- The Act itself was passed in 1998, but this 1999 proclamation was needed to actually start the clock\n- This is a standard constitutional mechanism in Australia — most Acts don't automatically start; they need a proclamation or other commencement trigger"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication that the scope of this proclamation changed from its original intent. It appears to have been in continuous force in its original form since 8 December 1999, with no substantive amendments visible."},"complexity_factors":["The document is largely administrative metadata rather than substantive legal text","The actual operative content of the proclamation is not reproduced, making full analysis impossible","Proclamations are inherently brief and formulaic instruments","No amending provisions or cross-referencing complexity is visible in the available text"],"plain_english_summary":"This proclamation formally brings parts of Tasmania’s Anti-Discrimination Act 1998 into force and has been in effect since 8 December 1999. It’s an administrative notice confirming the Act is operational.\n\nIt matters because it makes the Act legally enforceable for anyone covered or bound by it — including employees, businesses, service providers, educational institutions and the public — ensuring protections against unfair treatment based on characteristics like race, gender, age, disability, sexual orientation and religion."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation instrument that has not been modified since 2018 but is represented as 'current to date' (2026) raises a question about whether the currency claim reflects genuine review or merely passive non-repeal. This is a metadata integrity issue rather than a legal drafting flaw, but it undermines confidence in the instrument's currency representation.","confidence":0.45,"description":"The legislation states it is 'current from 8 December 1999 to date' while also stating 'File last modified 10 August 2018', creating an internal tension about when the instrument was last substantively altered versus when it is claimed to be current."},{"type":"other","section":"Document structure - all headings","severity":"high","reasoning":"While duplication of headings is likely a rendering or publication error rather than a drafting flaw in the underlying instrument, it raises a serious question about whether the version of the law being presented to the public is authoritative and accurate. Under the rule of law, citizens must be able to reliably access the operative text. A systematically corrupted publication undermines that principle. If this were the authoritative version, it would be impossible to determine where provisions begin and end.","confidence":0.85,"description":"Every heading in the document is duplicated verbatim (e.g., 'Proclamation under the Anti-Di Proclamation under the Anti-Discrimination Act 1998', 'Status Information Status Information', 'Currency of version Currency of version'), suggesting the document itself is malformed and may not accurately represent the operative legislative instrument."},{"type":"impossible_compliance","section":"Entire instrument","severity":"high","reasoning":"A proclamation is a formal executive instrument that brings legislation or provisions into operation on a specified date, or declares a specified state of affairs. Without operative text, the instrument is a legal nullity on its face — it is impossible for any person, court, or authority to comply with, enforce, or give effect to something that has no content. Either the operative text has been omitted entirely from the published version, or the instrument was never properly drafted, both of which are serious deficiencies.","confidence":0.9,"description":"The document purports to be a 'Proclamation under the Anti-Discrimination Act 1998' but contains no operative proclamation text whatsoever — no commencement date being proclaimed, no sections being brought into force, and no substantive content beyond administrative metadata."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'Version current from 8 December 1999 to date (accessed 8 April 2026 at 3:20)'","section_b":"Authorisation - 'File last modified 10 August 2018'","confidence":0.5,"description":"The instrument claims to be continuously current from 1999 to 2026, yet the file was last modified in 2018. If the instrument were truly kept current to 2026, the file modification date should reflect activity up to that point. The two statements are irreconcilable without further explanation."},{"severity":"medium","section_a":"Currency statement - 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"Authorisation - 'File last modified 10 August 2018'","confidence":0.55,"description":"The site represents that it updates legislation within 3 working days of any change. If there have been any amendments to this instrument or its parent Act affecting this proclamation between August 2018 and April 2026 (approximately 7.5 years), the file modification date of 2018 would contradict the 3-working-day update commitment."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or content of the Anti‑Discrimination Act 1998; it only sets the date (10 December 1999) on which the Act becomes legally effective and records administrative responsibility."},"complexity_factors":["Single, discrete legal action: fixes commencement date only","Cross-reference to Anti-Discrimination Act 1998 (section 2) for authority","No substantive amendments or new regulatory powers created","Formal requirements present: Governor’s signature, Executive Council advice, Gazette notification","Administrative assignment (Department of Justice and Industrial Relations) noted but no procedural detail"],"plain_english_summary":"This proclamation sets 10 December 1999 as the day the Anti‑Discrimination Act 1998 begins to operate (made under section 2). It was issued by the Governor with the advice of the Executive Council and published in the Gazette. Mechanically, the proclamation causes the Act’s legal provisions to take effect from that date and assigns administration to the Department of Justice and Industrial Relations; it does not itself change the Act’s substantive content."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-anti-discrimination-act-1998","history":"/api/acts/proclamation-under-the-anti-discrimination-act-1998/history","analysis":"/api/acts/proclamation-under-the-anti-discrimination-act-1998/analysis","conflicts":"/api/acts/proclamation-under-the-anti-discrimination-act-1998/conflicts","importantCases":"/api/acts/proclamation-under-the-anti-discrimination-act-1998/important-cases","documents":"/api/acts/proclamation-under-the-anti-discrimination-act-1998/documents"}}