{"id":"tas:sr-2003-039","name":"Proclamation under the Child Care Act 2001","slug":"proclamation-under-the-child-care-act-2001","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"39 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318336,"registerId":"tas-tas:sr-2003-039-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Child Care Act 2001","content":"> Proclamation under the Child Care Act 2001\n\nI, the Administrator 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(2) of the](/view/html/inforce/2026-04-12/act-2001-062#GS2@Gs2@EN) [Child Care Act 2001](/view/html/inforce/2026-04-12/act-2001-062) fix 1 September 2003 as the day on which the provisions of that Act, other than [Part 1](/view/html/inforce/2026-04-12/act-2001-062#HP1@EN) , [Division 4 of Part 8](/view/html/inforce/2026-04-12/act-2001-062#HP8@HD4@EN) and [sections 71](/view/html/inforce/2026-04-12/act-2001-062#GS71@EN) , [72](/view/html/inforce/2026-04-12/act-2001-062#GS72@EN) , [73](/view/html/inforce/2026-04-12/act-2001-062#GS73@EN) , [74](/view/html/inforce/2026-04-12/act-2001-062#GS74@EN) , [75](/view/html/inforce/2026-04-12/act-2001-062#GS75@EN) and [76](/view/html/inforce/2026-04-12/act-2001-062#GS76@EN) , commence.\n\n19 May 2003\n\nPETER G. UNDERWOOD\n\nAdministrator\n\nBy His Excellency's Command,\n\nPAULA WRIEDT\n\nMinister for Education\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 28 May 2003\n\nThis proclamation is administered in the Department of Education.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation described as continuously current from 2003 logically should not require file modification in 2018 unless amendments were made. If amendments were made, the currency date should reflect that. The coexistence of a 2003 currency start date and a 2018 modification date without explanation is internally inconsistent.","confidence":0.55,"description":"The proclamation states it has been 'current from 28 May 2003 to date' yet the file was last modified on 25 July 2018, creating an internal inconsistency about whether the instrument has actually remained unchanged or been substantively altered."},{"type":"other","section":"Currency of version / Update policy","severity":"low","reasoning":"The 3 working day update commitment is a procedural promise that cannot be assessed from the face of the instrument because no amending instruments are disclosed in the visible text. This renders the assurance functionally meaningless to a reader relying on this version.","confidence":0.45,"description":"The site states legislation is 'usually updated within 3 working days after a change' yet the file modification date of 25 July 2018 cannot be verified against any identified amending instrument listed in the body of the proclamation, making the update guarantee unverifiable and potentially illusory."},{"type":"other","section":"Document structure - all headings","severity":"medium","reasoning":"In statutory interpretation, duplicated operative text can create ambiguity about which instance governs. While this appears to be a rendering/formatting error, if this is the authoritative consolidated version, the duplication is present on the face of the law as published. A court or practitioner relying on this version cannot determine whether the duplication is intentional or whether any substantive content has been similarly doubled or omitted.","confidence":0.75,"description":"Every heading and section title in this instrument is duplicated verbatim (e.g. 'Proclamation under the Child C Proclamation under the Child Care Act 2001', 'Status Information Status Information', 'Currency of version Currency of version'). This raises a genuine legal absurdity: it is unclear which instance of the heading constitutes the operative legislative text."},{"type":"impossible_compliance","section":"Proclamation - operative provisions","severity":"high","reasoning":"A proclamation with no operative content is a legal nullity on its face. It cannot be complied with, interpreted, or applied. If this is the complete and authoritative text of SR-2003-039, the instrument fails its fundamental legislative purpose. It is impossible for any person, court, or authority to give effect to or comply with an instrument that states nothing.","confidence":0.82,"description":"The proclamation contains no operative provisions whatsoever. A proclamation under an Act exists solely to give legal effect to something (e.g. commencement of an Act, declaration of an area, appointment). This instrument as published has no discernible legal effect because no operative clause is present."}],"contradictions":[{"severity":"low","section_a":"Currency of version (28 May 2003 to date)","section_b":"Authorisation - File last modified 25 July 2018","confidence":0.6,"description":"The instrument claims continuous currency from 28 May 2003 without amendment, yet the authoritative file was modified on 25 July 2018. These two statements are in tension: either the instrument changed in 2018 (contradicting the unqualified 2003 currency start) or the file was modified for non-substantive reasons, which is not disclosed."},{"severity":"medium","section_a":"Table of Amending Instruments (reference to amendments existing)","section_b":"Currency of version (presented as unchanged from 28 May 2003)","confidence":0.65,"description":"The existence of a 'Table of Amendments' hyperlink implies there are amending instruments to record. However, the currency statement presents the version as continuously operative from 2003 with no break, implying no substantive amendment. If amendments exist, the currency framing is misleading; if no amendments exist, the Table of Amendments link is redundant and misleading."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument performing exactly the function intended — bringing an Act into force on a specified date with specific exclusions. No scope creep."},"complexity_factors":["Single operative provision with no defined terms","No conditional logic or cross-references beyond listing excluded sections","Standard proclamation format — essentially a date-setting mechanism","Length: approximately 150 words of substantive content"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings most of the Child Care Act 2001 (Tasmania) into legal effect on **1 September 2003**.\n\n**What it does:**\n- Sets the official start date for the Act's provisions\n- **Excludes** certain parts from starting on that date:\n  - Part 1 (likely preliminary sections like title and definitions)\n  - Division 4 of Part 8 (a specific section on a particular topic)\n  - Sections 71–76 (specific numbered provisions)\n\n**Who it affects:**\n- Child care providers, parents, and regulators in Tasmania who need to know when the new child care laws begin\n- Government agencies administering the Act\n\n**Why it matters:**\nWithout this proclamation, the Act would remain \"on the shelf\" — passed by Parliament but not legally enforceable. This document flips the switch for most of the Act, giving everyone certainty about when the rules apply. The excluded sections likely commenced separately (or were already in force) for technical or practical reasons."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not change the substantive scope of the Child Care Act 2001. It fixes a commencement date (1 September 2003) for most provisions while leaving Part 1, Division 4 of Part 8 and sections 71–76 uncommenced. It therefore alters timing of operation but not the Act’s content, obligations, or powers as enacted."},"complexity_factors":["Single-purpose commencement instrument with no substantive regulatory content","Cross-references to specific Parts and sections of the Child Care Act 2001 (requires consulting the Act to see precise effects)","Uses formal executive authority (Administrator acting with Executive Council advice) for legal effect","Identifies administering agency (Department of Education) which allocates implementation responsibility","Formal publication steps noted (Gazette notification and Rules Publication Act compliance)","Absence of details about costs, compliance expectations or transitional arrangements reduces interpretive complexity"],"plain_english_summary":"Sets 1 September 2003 as the day when most of the Child Care Act 2001 starts to operate, excluding Part 1, Division 4 of Part 8 and sections 71–76 which are not commenced. The proclamation was made by the Administrator with Executive Council advice and names the Department of Education as the administering agency. The instrument does not itself create new regulatory detail or fees — it simply brings the Act’s existing provisions into force on the fixed date."},"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 has remained current and unamended in substance since 28 May 2003, suggesting it performed its intended function (likely commencing provisions of the Child Care Act 2001) without subsequent modification to its scope."},"complexity_factors":["The document is a proclamation — a narrow, administrative instrument — rather than substantive legislation with multiple provisions to interpret.","Very limited substantive content is visible; the text is mostly metadata and formatting.","Proclamations are generally short and formulaic in structure, making them inherently low in complexity.","The underlying Act (Child Care Act 2001) may be complex, but this instrument itself simply triggers or activates provisions rather than creating new rules."],"plain_english_summary":"This Proclamation, made under Tasmania’s Child Care Act 2001 and in force since 28 May 2003, formally brings parts of that Act into effect. It activates the legal framework for regulating, licensing and operating child care services in Tasmania, so it directly affects child care operators, providers, workers and families.\n\nThe document provided is largely administrative (dates and references); it does not show which specific provisions were commenced."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-child-care-act-2001","history":"/api/acts/proclamation-under-the-child-care-act-2001/history","analysis":"/api/acts/proclamation-under-the-child-care-act-2001/analysis","conflicts":"/api/acts/proclamation-under-the-child-care-act-2001/conflicts","importantCases":"/api/acts/proclamation-under-the-child-care-act-2001/important-cases","documents":"/api/acts/proclamation-under-the-child-care-act-2001/documents"}}